As Passed by the House

129th General Assembly
Regular Session
2011-2012
Am. Sub. H. B. No. 153


Representative Amstutz 

Cosponsors: Representatives Adams, J., Beck, Blair, Blessing, Boose, Buchy, Burke, Combs, Dovilla, Duffey, Grossman, Hackett, Hall, Hollington, Maag, McClain, Newbold, Rosenberger, Ruhl, Slaby, Sprague, Stebelton, Uecker Speaker Batchelder 



A BILL
To amend sections 7.10, 7.11, 7.12, 9.03, 9.06, 1
9.231, 9.24, 9.33, 9.331, 9.332, 9.333, 9.90, 2
101.15, 102.02, 105.41, 107.09, 109.02, 109.36, 3
109.42, 109.57, 109.572, 111.12, 111.16, 111.18, 4
117.101, 117.13, 118.023, 118.04, 118.05, 118.06, 5
118.12, 118.17, 118.99, 121.03, 121.04, 121.22, 6
121.37, 121.40, 121.401, 121.402, 121.403, 7
121.404, 122.085, 122.088, 122.0810, 122.0816, 8
122.0819, 122.121, 122.171, 122.65, 122.652, 9
122.653, 122.657, 122.76, 123.011, 124.09, 124.23, 10
124.231, 124.24, 124.25, 124.26, 124.27, 124.31, 11
124.34, 124.393, 125.021, 125.15, 125.18, 125.28, 12
125.89, 126.12, 126.21, 126.24, 126.50, 127.16, 13
131.23, 131.44, 131.51, 133.06, 133.18, 133.20, 14
133.55, 135.05, 135.61, 135.65, 135.66, 145.27, 15
149.01, 149.091, 149.11, 149.311, 153.01, 153.02, 16
153.03, 153.07, 153.08, 153.50, 153.51, 153.52, 17
153.54, 153.56, 153.57, 153.581, 153.65, 153.66, 18
153.67, 153.69, 153.70, 153.71, 153.80, 154.02, 19
154.07, 164.02, 164.04, 164.05, 164.051, 164.06, 20
164.08, 164.14, 164.21, 166.02, 173.14, 173.21, 21
173.26, 173.35, 173.351, 173.36, 173.391, 173.40, 22
173.401, 173.403, 173.404, 173.42, 173.45, 173.46, 23
173.47, 173.48, 173.501, 183.30, 183.51, 185.01, 24
185.03, 185.06, 185.10, 301.02, 301.15, 301.28, 25
306.35, 306.43, 306.70, 307.022, 307.041, 307.10, 26
307.12, 307.676, 307.70, 307.79, 307.791, 307.81, 27
307.82, 307.83, 307.86, 308.13, 317.20, 319.11, 28
319.301, 319.54, 321.18, 322.02, 322.021, 323.08, 29
323.73, 323.78, 324.02, 324.021, 340.02, 340.03, 30
340.05, 340.091, 340.11, 341.192, 343.08, 345.03, 31
349.01, 349.03, 349.04, 349.06, 349.07, 349.09, 32
349.14, 501.07, 503.05, 503.162, 503.41, 504.02, 33
504.03, 504.12, 504.21, 505.101, 505.108, 505.17, 34
505.264, 505.28, 505.373, 505.55, 505.73, 507.09, 35
511.23, 511.25, 511.28, 511.34, 513.14, 515.04, 36
517.12, 517.22, 521.03, 705.16, 711.35, 715.011, 37
715.47, 718.01, 718.09, 718.10, 719.012, 719.05, 38
721.03, 721.15, 721.20, 723.07, 727.011, 727.012, 39
727.08, 727.14, 727.46, 729.08, 729.11, 731.141, 40
731.20, 731.21, 731.211, 731.22, 731.23, 731.24, 41
731.25, 735.05, 735.20, 737.32, 742.41, 745.07, 42
747.05, 747.11, 747.12, 755.16, 755.29, 755.41, 43
755.42, 755.43, 759.47, 901.09, 924.52, 927.69, 44
951.11, 1309.528, 1327.46, 1327.50, 1327.51, 45
1327.511, 1327.54, 1327.57, 1327.62, 1327.99, 46
1329.04, 1329.42, 1332.24, 1501.022, 1501.40, 47
1503.05, 1505.01, 1505.04, 1505.06, 1505.09, 48
1505.11, 1505.99, 1509.01, 1509.02, 1509.021, 49
1509.03, 1509.04, 1509.041, 1509.05, 1509.06, 50
1509.061, 1509.062, 1509.07, 1509.071, 1509.072, 51
1509.073, 1509.08, 1509.09, 1509.10, 1509.11, 52
1509.12, 1509.13, 1509.14, 1509.15, 1509.17, 53
1509.181, 1509.19, 1509.21, 1509.22, 1509.221, 54
1509.222, 1509.223, 1509.224, 1509.225, 1509.226, 55
1509.23, 1509.24, 1509.25, 1509.26, 1509.27, 56
1509.28, 1509.29, 1509.31, 1509.32, 1509.33, 57
1509.34, 1509.36, 1509.38, 1509.40, 1509.50, 58
1510.01, 1510.08, 1515.08, 1515.14, 1515.24, 59
1517.02, 1531.04, 1541.03, 1541.05, 1545.09, 60
1545.12, 1547.302, 1551.311, 1551.32, 1551.33, 61
1551.35, 1555.02, 1555.03, 1555.04, 1555.05, 62
1555.06, 1555.08, 1555.17, 1561.06, 1561.12, 63
1561.13, 1561.35, 1561.49, 1563.06, 1563.24, 64
1563.28, 1571.01, 1571.02, 1571.03, 1571.04, 65
1571.05, 1571.06, 1571.08, 1571.09, 1571.10, 66
1571.11, 1571.14, 1571.16, 1571.18, 1571.99, 67
1701.07, 1702.59, 1703.031, 1703.07, 1707.11, 68
1707.17, 1711.05, 1711.07, 1711.18, 1711.30, 69
1728.06, 1728.07, 1751.01, 1751.04, 1751.11, 70
1751.111, 1751.12, 1751.13, 1751.15, 1751.17, 71
1751.20, 1751.31, 1751.34, 1751.60, 1761.04, 72
1776.83, 1785.06, 1901.18, 1909.11, 1923.01, 73
1923.02, 1923.061, 1923.15, 2101.08, 2105.09, 74
2151.011, 2151.312, 2151.354, 2151.412, 2151.421, 75
2151.424, 2152.26, 2152.72, 2301.03, 2301.18, 76
2301.20, 2301.21, 2301.22, 2301.23, 2301.24, 77
2301.25, 2301.26, 2305.01, 2317.02, 2317.422, 78
2319.27, 2329.26, 2335.05, 2335.06, 2501.16, 79
2501.17, 2743.09, 2744.05, 2903.33, 2919.271, 80
2939.11, 2945.371, 2945.38, 2945.39, 2945.40, 81
2945.401, 2945.402, 2949.14, 3109.16, 3109.17, 82
3111.04, 3113.06, 3119.54, 3121.48, 3123.44, 83
3123.45, 3123.55, 3123.56, 3123.58, 3123.59, 84
3123.63, 3301.07, 3301.071, 3301.079, 3301.0710, 85
3301.0711, 3301.0712, 3301.16, 3301.162, 3301.70, 86
3302.02, 3302.031, 3302.05, 3302.07, 3304.181, 87
3304.182, 3306.12, 3307.20, 3307.31, 3307.64, 88
3309.22, 3309.41, 3309.48, 3309.51, 3310.02, 89
3310.03, 3310.05, 3310.08, 3310.41, 3311.05, 90
3311.06, 3311.19, 3311.21, 3311.213, 3311.214, 91
3311.29, 3311.50, 3311.52, 3311.53, 3311.73, 92
3311.76, 3313.12, 3313.29, 3313.33, 3313.372, 93
3313.41, 3313.46, 3313.482, 3313.533, 3313.55, 94
3313.603, 3313.61, 3313.611, 3313.612, 3313.614, 95
3313.64, 3313.6410, 3313.65, 3313.75, 3313.842, 96
3313.843, 3313.845, 3313.911, 3313.975, 3313.978, 97
3313.981, 3314.01, 3314.013, 3314.015, 3314.02, 98
3314.021, 3314.026, 3314.03, 3314.04, 3314.05, 99
3314.06, 3314.07, 3314.08, 3314.087, 3314.088, 100
3314.091, 3314.10, 3314.13, 3314.19, 3314.22, 101
3314.26, 3314.35, 3314.36, 3315.01, 3316.041, 102
3316.06, 3316.20, 3317.01, 3317.013, 3317.014, 103
3317.018, 3317.02, 3317.021, 3317.022, 3317.023, 104
3317.024, 3317.025, 3317.0210, 3317.0211, 3317.03, 105
3317.031, 3317.05, 3317.051, 3317.053, 3317.06, 106
3317.061, 3317.07, 3317.08, 3317.081, 3317.082, 107
3317.09, 3317.11, 3317.12, 3317.13, 3317.14, 108
3317.16, 3317.18, 3317.19, 3317.20, 3317.201, 109
3318.032, 3318.05, 3318.051, 3318.08, 3318.12, 110
3318.31, 3318.36, 3318.37, 3318.38, 3318.41, 111
3319.02, 3319.08, 3319.088, 3319.11, 3319.111, 112
3319.14, 3319.141, 3319.16, 3319.17, 3319.18, 113
3319.19, 3319.26, 3319.31, 3319.311, 3319.39, 114
3319.57, 3319.71, 3323.09, 3323.091, 3323.14, 115
3323.142, 3323.31, 3324.05, 3325.01, 3325.08, 116
3326.11, 3326.33, 3326.39, 3327.02, 3327.04, 117
3327.05, 3329.08, 3331.01, 3333.03, 3333.043, 118
3333.31, 3333.66, 3333.81, 3333.82, 3333.83, 119
3333.84, 3333.85, 3333.87, 3333.90, 3334.19, 120
3345.061, 3345.14, 3349.29, 3353.04, 3354.12, 121
3354.16, 3355.09, 3357.16, 3365.01, 3365.08, 122
3375.41, 3381.11, 3501.03, 3501.17, 3505.13, 123
3506.05, 3701.021, 3701.023, 3701.07, 3701.61, 124
3701.74, 3701.83, 3702.31, 3702.59, 3704.06, 125
3704.14, 3705.24, 3709.085, 3709.09, 3709.092, 126
3709.21, 3709.34, 3721.01, 3721.011, 3721.02, 127
3721.04, 3721.16, 3721.50, 3721.51, 3721.561, 128
3721.58, 3722.01, 3722.011, 3722.02, 3722.021, 129
3722.022, 3722.04, 3722.041, 3722.05, 3722.06, 130
3722.07, 3722.08, 3722.09, 3722.10, 3722.11, 131
3722.12, 3722.13, 3722.14, 3722.15, 3722.151, 132
3722.16, 3722.17, 3722.18, 3729.01, 3733.02, 133
3733.021, 3733.022, 3733.024, 3733.025, 3733.03, 134
3733.04, 3733.05, 3733.06, 3733.08, 3733.09, 135
3733.091, 3733.10, 3733.101, 3733.11, 3733.12, 136
3733.121, 3733.122, 3733.123, 3733.13, 3733.14, 137
3733.15, 3733.17, 3733.18, 3733.19, 3733.20, 138
3733.41, 3733.99, 3734.02, 3734.05, 3734.06, 139
3734.18, 3734.19, 3734.20, 3734.21, 3734.22, 140
3734.23, 3734.24, 3734.25, 3734.26, 3734.27, 141
3734.28, 3734.282, 3734.57, 3734.85, 3734.901, 142
3735.36, 3735.66, 3737.83, 3737.841, 3737.87, 143
3737.88, 3745.015, 3745.05, 3745.11, 3746.02, 144
3750.081, 3769.07, 3769.08, 3769.20, 3769.26, 145
3770.03, 3770.05, 3772.062, 3781.06, 3781.183, 146
3791.043, 3793.04, 3793.06, 3793.21, 3901.3814, 147
3903.01, 3923.28, 3923.281, 3923.30, 3924.10, 148
3963.01, 3963.11, 4113.11, 4113.61, 4115.03, 149
4115.033, 4115.034, 4115.04, 4115.10, 4115.101, 150
4115.16, 4116.01, 4117.01, 4117.03, 4117.06, 151
4123.27, 4131.03, 4141.08, 4141.11, 4141.33, 152
4301.12, 4301.43, 4301.62, 4301.80, 4301.81, 153
4303.02, 4503.06, 4503.061, 4503.062, 4503.235, 154
4503.70, 4503.93, 4504.02, 4504.021, 4504.15, 155
4504.16, 4504.18, 4506.071, 4507.111, 4507.164, 156
4510.037, 4510.038, 4511.191, 4511.193, 4513.62, 157
4517.01, 4517.04, 4517.09, 4517.10, 4517.12, 158
4517.13, 4517.14, 4517.23, 4517.24, 4517.44, 159
4582.31, 4585.10, 4705.021, 4709.13, 4725.34, 160
4725.48, 4725.50, 4725.52, 4725.57, 4731.65, 161
4731.71, 4733.15, 4733.151, 4736.12, 4743.05, 162
4757.31, 4781.01, 4781.02, 4781.04, 4781.07, 163
4781.09, 4781.14, 4781.15, 4781.99, 4905.90, 164
4909.15, 4911.02, 4927.17, 4928.10, 4928.18, 165
4928.20, 4929.22, 4929.26, 4929.27, 4931.51, 166
4931.52, 4931.53, 5101.16, 5101.181, 5101.182, 167
5101.183, 5101.244, 5101.26, 5101.27, 5101.271, 168
5101.272, 5101.28, 5101.30, 5101.35, 5101.37, 169
5101.46, 5101.47, 5101.571, 5101.573, 5101.58, 170
5101.60, 5101.61, 5104.01, 5104.011, 5104.04, 171
5104.13, 5104.30, 5104.32, 5104.341, 5104.35, 172
5104.37, 5104.38, 5104.39, 5104.42, 5104.43, 173
5111.012, 5111.013, 5111.0112, 5111.021, 5111.023, 174
5111.025, 5111.031, 5111.06, 5111.113, 5111.13, 175
5111.151, 5111.16, 5111.162, 5111.17, 5111.172, 176
5111.20, 5111.21, 5111.211, 5111.222, 5111.23, 177
5111.231, 5111.235, 5111.24, 5111.241, 5111.244, 178
5111.25, 5111.251, 5111.254, 5111.258, 5111.27, 179
5111.28, 5111.33, 5111.35, 5111.52, 5111.65, 180
5111.66, 5111.67, 5111.671, 5111.672, 5111.68, 181
5111.681, 5111.687, 5111.689, 5111.709, 5111.85, 182
5111.871, 5111.872, 5111.873, 5111.874, 5111.877, 183
5111.88, 5111.89, 5111.891, 5111.894, 5111.911, 184
5111.912, 5111.913, 5111.94, 5111.941, 5111.97, 185
5112.30, 5112.31, 5112.37, 5112.371, 5112.39, 186
5112.40, 5112.41, 5112.46, 5112.99, 5119.01, 187
5119.02, 5119.06, 5119.16, 5119.18, 5119.22, 188
5119.221, 5119.61, 5119.611, 5119.613, 5119.62, 189
5119.621, 5119.99, 5120.135, 5120.17, 5120.28, 190
5120.29, 5122.01, 5122.02, 5122.15, 5122.21, 191
5122.27, 5122.271, 5122.29, 5122.31, 5122.32, 192
5123.01, 5123.0413, 5123.0417, 5123.051, 5123.092, 193
5123.171, 5123.18, 5123.19, 5123.191, 5123.194, 194
5123.35, 5123.352, 5123.45, 5123.60, 5123.61, 195
5123.63, 5123.64, 5123.69, 5123.701, 5123.86, 196
5123.99, 5126.01, 5126.029, 5126.04, 5126.042, 197
5126.05, 5126.054, 5126.0510, 5126.0511, 198
5126.0512, 5126.08, 5126.11, 5126.12, 5126.23, 199
5126.24, 5126.33, 5126.41, 5126.42, 5139.11, 200
5139.43, 5310.35, 5505.04, 5540.03, 5540.031, 201
5540.05, 5543.10, 5552.06, 5553.05, 5553.19, 202
5553.23, 5553.42, 5555.07, 5555.27, 5555.42, 203
5559.06, 5559.10, 5559.12, 5561.04, 5561.08, 204
5571.011, 5573.02, 5573.10, 5575.01, 5575.02, 205
5591.15, 5593.08, 5701.13, 5703.05, 5703.37, 206
5705.14, 5705.16, 5705.191, 5705.194, 5705.196, 207
5705.21, 5705.211, 5705.218, 5705.25, 5705.251, 208
5705.261, 5705.314, 5705.392, 5705.412, 5705.71, 209
5707.031, 5709.07, 5709.62, 5709.63, 5709.632, 210
5713.01, 5715.17, 5715.23, 5715.26, 5719.04, 211
5721.01, 5721.03, 5721.04, 5721.18, 5721.30, 212
5721.31, 5721.32, 5721.37, 5721.38, 5721.42, 213
5722.13, 5723.05, 5725.151, 5725.24, 5725.98, 214
5727.57, 5727.84, 5727.85, 5727.86, 5729.98, 215
5731.02, 5731.19, 5731.21, 5731.39, 5733.0610, 216
5733.23, 5739.02, 5739.021, 5739.022, 5739.026, 217
5739.101, 5747.01, 5747.058, 5747.113, 5747.451, 218
5747.46, 5747.51, 5748.02, 5748.021, 5748.04, 219
5748.08, 5751.01, 5751.011, 5751.20, 5751.21, 220
5751.22, 5751.23, 5751.50, 5753.01, 6101.16, 221
6103.04, 6103.05, 6103.06, 6103.081, 6103.31, 222
6105.131, 6109.21, 6111.038, 6111.044, 6111.46, 223
6115.01, 6115.20, 6117.05, 6117.06, 6117.07, 224
6117.251, 6117.49, 6119.10, 6119.18, 6119.22, 225
6119.25, and 6119.58; to amend, for the purpose of 226
adopting new section numbers as indicated in 227
parentheses, sections 173.35 (5119.69), 173.351 228
(5119.691), 173.36 (5119.692), 3306.12 229
(3317.0212), 3314.20 (3313.473), 3721.561 230
(3721.56), 3722.01 (5119.70), 3722.011 (5119.701), 231
3722.02 (5119.71), 3722.021 (5119.711), 3722.022 232
(5119.712), 3722.03 (5119.72), 3722.04 (5119.73), 233
3722.041 (5119.731), 3722.05 (5119.74), 3722.06 234
(5119.75), 3722.07 (5119.76), 3722.08 (5119.77), 235
3722.09 (5119.78), 3722.10 (5119.79), 3722.11 236
(5119.80), 3722.12 (5119.81), 3722.13 (5119.82), 237
3722.14 (5119.83), 3722.15 (5119.84), 3722.151 238
(5119.85), 3722.16 (5119.86), 3722.17 (5119.87), 239
3722.18 (5119.88), 3733.02 (4781.26), 3733.021 240
(4781.31), 3733.022 (4781.32), 3733.024 (4781.33), 241
3733.025 (4781.34), 3733.03 (4781.27), 3733.04 242
(4781.28), 3733.05 (4781.29), 3733.06 (4781.30), 243
3733.08 (4781.35), 3733.09 (4781.36), 3733.091 244
(4781.37), 3733.10 (4781.38), 3733.101 (4781.39), 245
3733.11 (4781.40), 3733.12 (4781.41), 3733.121 246
(4781.42), 3733.122 (4781.43), 3733.123 (4781.44), 247
3733.13 (4781.45), 3733.14 (4781.46), 3733.15 248
(4781.47), 3733.16 (4781.48), 3733.17 (4781.49), 249
3733.18 (4781.50), 3733.19 (4781.51), 3733.20 250
(4781.52), 5101.271 (5101.272), 5101.272 251
(5101.273), 5111.14 (5111.141), 5111.261 252
(5111.263), 5111.892 (5111.893), 5119.612 253
(5119.613), 5119.613 (5119.614), and 5123.60 254
(5123.601); to enact new sections 2151.56, 255
2151.57, 2151.58, 2151.59, 3314.016, 3319.112, 256
5101.271, 5111.14, 5111.261, 5111.861, 5111.892, 257
5119.612, 5123.60, and 5126.18, and sections 7.16, 258
9.031, 9.05, 9.334, 9.335, 9.482, 111.181, 111.28, 259
111.29, 118.025, 118.31, 124.394, 125.024, 260
125.182, 125.213, 126.141, 126.60, 126.601, 261
126.602, 126.603, 126.604, 126.605, 149.308, 262
153.501, 153.502, 153.53, 153.55, 153.692, 263
153.693, 153.694, 153.72, 153.73, 154.24, 154.25, 264
164.30, 173.41, 183.151, 305.23, 306.322, 306.55, 265
306.551, 349.17, 523.01, 523.02, 523.03, 523.04, 266
523.05, 523.06, 523.07, 523.08, 717.08, 1327.501, 267
1505.011, 1505.05, 1509.022, 1541.25, 1541.26, 268
1571.012, 1571.013, 1571.014, 2151.429, 2335.061, 269
3123.591, 3302.042, 3302.06, 3302.061, 3302.062, 270
3302.063, 3302.064, 3302.065, 3302.066, 3302.067, 271
3302.068, 3302.12, 3302.20, 3302.21, 3302.22, 272
3302.23, 3302.24, 3302.25, 3302.30, 3311.0510, 273
3313.411, 3313.617, 3313.846, 3313.88, 3314.029, 274
3314.38, 3314.50, 3316.21, 3317.141, 3318.054, 275
3318.371, 3318.48, 3318.60, 3319.113, 3319.227, 276
3319.58, 3323.25, 3324.08, 3328.01 to 3328.04, 277
3328.11 to 3328.15, 3328.17 to 3328.19, 3328.191, 278
3328.192, 3328.193, 3328.20 to 3328.26, 3328.41, 279
3328.45, 3328.50, 3328.99, 3333.43, 3345.023, 280
3345.81, 3353.15, 3521.04, 3701.0211, 3701.032, 281
3701.94, 3701.941, 3709.341, 3745.016, 3770.031, 282
3793.061, 3903.301, 4303.209, 4313.01, 4313.02, 283
4729.021, 4781.121, 4781.54, 4905.98, 4911.021, 284
5111.0122, 5111.0123, 5111.0124, 5111.0125, 285
5111.0212, 5111.0213, 5111.0214, 5111.0215, 286
5111.035, 5111.051, 5111.052, 5111.063, 5111.085, 287
5111.161, 5111.179, 5111.224, 5111.225, 5111.259, 288
5111.83, 5111.862, 5111.863, 5111.944, 5111.945, 289
5111.981, 5112.991, 5119.012, 5119.013, 5119.222, 290
5119.622, 5119.623, 5120.092, 5122.341, 5123.0418, 291
5123.0419, 5123.0420, 5501.84, 5703.059, 5725.34, 292
and 5729.17; and to repeal sections 7.14, 9.901, 293
122.0818, 122.121, 122.452, 126.04, 126.501, 294
126.502, 126.507, 165.031, 340.08, 701.04, 295
1501.031, 1551.13, 2151.56, 2151.57, 2151.58, 296
2151.59, 2151.60, 2151.61, 2301.19, 3123.52, 297
3123.61, 3123.612, 3123.613, 3123.614, 3306.01, 298
3306.011, 3306.012, 3306.02, 3306.03, 3306.04, 299
3306.05, 3306.051, 3306.052, 3306.06, 3306.07, 300
3306.08, 3306.09, 3306.091, 3306.10, 3306.11, 301
3306.13, 3306.19, 3306.191, 3306.192, 3306.21, 302
3306.22, 3306.29, 3306.291, 3306.292, 3306.51, 303
3306.52, 3306.53, 3306.54, 3306.55, 3306.56, 304
3306.57, 3306.58, 3306.59, 3311.059, 3313.202, 305
3314.014, 3314.016, 3314.017, 3314.025, 3314.082, 306
3314.085, 3314.402, 3317.011, 3317.016, 3317.017, 307
3317.0216, 3317.04, 3317.17, 3319.112, 3319.161, 308
3329.16, 3349.242, 3706.042, 3721.56, 3722.99, 309
3733.01, 3733.031, 3733.07, 3923.90, 3923.91, 310
4115.032, 4582.37, 4981.23, 5101.5211, 5101.5212, 311
5101.5213, 5101.5214, 5101.5215, 5101.5216, 312
5111.243, 5111.34, 5111.861, 5111.893, 5111.971, 313
5122.36, 5123.172, 5123.181, 5123.193, 5123.211, 314
5123.601, 5123.602, 5123.603, 5123.604, 5123.605, 315
5126.18, and 5126.19 of the Revised Code; to amend 316
Section 205.10 of Am. Sub. H.B. 114 of the 129th 317
General Assembly, Section 125.10 of Am. Sub. H.B. 318
1 of the 128th General Assembly, Section 5 of Sub. 319
H.B. 125 of the 127th General Assembly, as 320
subsequently amended, and Section 153 of Am. Sub. 321
H.B. 117 of the 121st General Assembly, as 322
subsequently amended; to repeal Section 5 of Sub. 323
H.B. 2 of the 127th General Assembly; and to amend 324
the version of section 5111.913 of the Revised 325
Code that results from Section 101.01 of this act 326
on July 1, 2012; and to terminate certain 327
provisions of this act on June 30, 2013, by 328
repealing sections 126.60, 126.601, 126.602, 329
126.603, 126.604, and 126.605 on that date; to 330
make operating appropriations for the biennium 331
beginning July 1, 2011, and ending June 30, 2013; 332
and to provide authorization and conditions for 333
the operation of programs, including reforms for 334
the efficient and effective operation of state and 335
local government.336


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

       Section 101.01. That sections 7.10, 7.11, 7.12, 9.03, 9.06, 337
9.231, 9.24, 9.33, 9.331, 9.332, 9.333, 9.90, 101.15, 102.02, 338
105.41, 107.09, 109.02, 109.36, 109.42, 109.57, 109.572, 111.12, 339
111.16, 111.18, 117.101, 117.13, 118.023, 118.04, 118.05, 118.06, 340
118.12, 118.17, 118.99, 121.03, 121.04, 121.22, 121.37, 121.40, 341
121.401, 121.402, 121.403, 121.404, 122.085, 122.088, 122.0810, 342
122.0816, 122.0819, 122.121, 122.171, 122.65, 122.652, 122.653, 343
122.657, 122.76, 123.011, 124.09, 124.23, 124.231, 124.24, 124.25, 344
124.26, 124.27, 124.31, 124.34, 124.393, 125.021, 125.15, 125.18, 345
125.28, 125.89, 126.12, 126.21, 126.24, 126.50, 127.16, 131.23, 346
131.44, 131.51, 133.06, 133.18, 133.20, 133.55, 135.05, 135.61, 347
135.65, 135.66, 145.27, 149.01, 149.091, 149.11, 149.311, 153.01, 348
153.02, 153.03, 153.07, 153.08, 153.50, 153.51, 153.52, 153.54, 349
153.56, 153.57, 153.581, 153.65, 153.66, 153.67, 153.69, 153.70, 350
153.71, 153.80, 154.02, 154.07, 164.02, 164.04, 164.05, 164.051, 351
164.06, 164.08, 164.14, 164.21, 166.02, 173.14, 173.21, 173.26, 352
173.35, 173.351, 173.36, 173.391, 173.40, 173.401, 173.403, 353
173.404, 173.42, 173.45, 173.46, 173.47, 173.48, 173.501, 183.30, 354
183.51, 185.01, 185.03, 185.06, 185.10, 301.02, 301.15, 301.28, 355
306.35, 306.43, 306.70, 307.022, 307.041, 307.10, 307.12, 307.676, 356
307.70, 307.79, 307.791, 307.81, 307.82, 307.83, 307.86, 308.13, 357
317.20, 319.11, 319.301, 319.54, 321.18, 322.02, 322.021, 323.08, 358
323.73, 323.78, 324.02, 324.021, 340.02, 340.03, 340.05, 340.091, 359
340.11, 341.192, 343.08, 345.03, 349.01, 349.03, 349.04, 349.06, 360
349.07, 349.09, 349.14, 501.07, 503.05, 503.162, 503.41, 504.02, 361
504.03, 504.12, 504.21, 505.101, 505.108, 505.17, 505.264, 505.28, 362
505.373, 505.55, 505.73, 507.09, 511.23, 511.25, 511.28, 511.34, 363
513.14, 515.04, 517.12, 517.22, 521.03, 705.16, 711.35, 715.011, 364
715.47, 718.01, 718.09, 718.10, 719.012, 719.05, 721.03, 721.15, 365
721.20, 723.07, 727.011, 727.012, 727.08, 727.14, 727.46, 729.08, 366
729.11, 731.141, 731.20, 731.21, 731.211, 731.22, 731.23, 731.24, 367
731.25, 735.05, 735.20, 737.32, 742.41, 745.07, 747.05, 747.11, 368
747.12, 755.16, 755.29, 755.41, 755.42, 755.43, 759.47, 901.09, 369
924.52, 927.69, 951.11, 1309.528, 1327.46, 1327.50, 1327.51, 370
1327.511, 1327.54, 1327.57, 1327.62, 1327.99, 1329.04, 1329.42, 371
1332.24, 1501.022, 1501.40, 1503.05, 1505.01, 1505.04, 1505.06, 372
1505.09, 1505.11, 1505.99, 1509.01, 1509.02, 1509.021, 1509.03, 373
1509.04, 1509.041, 1509.05, 1509.06, 1509.061, 1509.062, 1509.07, 374
1509.071, 1509.072, 1509.073, 1509.08, 1509.09, 1509.10, 1509.11, 375
1509.12, 1509.13, 1509.14, 1509.15, 1509.17, 1509.181, 1509.19, 376
1509.21, 1509.22, 1509.221, 1509.222, 1509.223, 1509.224, 377
1509.225, 1509.226, 1509.23, 1509.24, 1509.25, 1509.26, 1509.27, 378
1509.28, 1509.29, 1509.31, 1509.32, 1509.33, 1509.34, 1509.36, 379
1509.38, 1509.40, 1509.50, 1510.01, 1510.08, 1515.08, 1515.14, 380
1515.24, 1517.02, 1531.04, 1541.03, 1541.05, 1545.09, 1545.12, 381
1547.302, 1551.311, 1551.32, 1551.33, 1551.35, 1555.02, 1555.03, 382
1555.04, 1555.05, 1555.06, 1555.08, 1555.17, 1561.06, 1561.12, 383
1561.13, 1561.35, 1561.49, 1563.06, 1563.24, 1563.28, 1571.01, 384
1571.02, 1571.03, 1571.04, 1571.05, 1571.06, 1571.08, 1571.09, 385
1571.10, 1571.11, 1571.14, 1571.16, 1571.18, 1571.99, 1701.07, 386
1702.59, 1703.031, 1703.07, 1707.11, 1707.17, 1711.05, 1711.07, 387
1711.18, 1711.30, 1728.06, 1728.07, 1751.01, 1751.04, 1751.11, 388
1751.111, 1751.12, 1751.13, 1751.15, 1751.17, 1751.20, 1751.31, 389
1751.34, 1751.60, 1761.04, 1776.83, 1785.06, 1901.18, 1909.11, 390
1923.01, 1923.02, 1923.061, 1923.15, 2101.08, 2105.09, 2151.011, 391
2151.312, 2151.354, 2151.412, 2151.421, 2151.424, 2152.26, 392
2152.72, 2301.03, 2301.18, 2301.20, 2301.21, 2301.22, 2301.23, 393
2301.24, 2301.25, 2301.26, 2305.01, 2317.02, 2317.422, 2319.27, 394
2329.26, 2335.05, 2335.06, 2501.16, 2501.17, 2743.09, 2744.05, 395
2903.33, 2919.271, 2939.11, 2945.371, 2945.38, 2945.39, 2945.40, 396
2945.401, 2945.402, 2949.14, 3109.16, 3109.17, 3111.04, 3113.06, 397
3119.54, 3121.48, 3123.44, 3123.45, 3123.55, 3123.56, 3123.58, 398
3123.59, 3123.63, 3301.07, 3301.071, 3301.079, 3301.0710, 399
3301.0711, 3301.0712, 3301.16, 3301.162, 3301.70, 3302.02, 400
3302.031, 3302.05, 3302.07, 3304.181, 3304.182, 3306.12, 3307.20, 401
3307.31, 3307.64, 3309.22, 3309.41, 3309.48, 3309.51, 3310.02, 402
3310.03, 3310.05, 3310.08, 3310.41, 3311.05, 3311.06, 3311.19, 403
3311.21, 3311.213, 3311.214, 3311.29, 3311.50, 3311.52, 3311.53, 404
3311.73, 3311.76, 3313.12, 3313.29, 3313.33, 3313.372, 3313.41, 405
3313.46, 3313.482, 3313.533, 3313.55, 3313.603, 3313.61, 3313.611, 406
3313.612, 3313.614, 3313.64, 3313.6410, 3313.65, 3313.75, 407
3313.842, 3313.843, 3313.845, 3313.911, 3313.975, 3313.978, 408
3313.981, 3314.01, 3314.013, 3314.015, 3314.02, 3314.021, 409
3314.026, 3314.03, 3314.04, 3314.05, 3314.06, 3314.07, 3314.08, 410
3314.087, 3314.088, 3314.091, 3314.10, 3314.13, 3314.19, 3314.22, 411
3314.26, 3314.35, 3314.36, 3315.01, 3316.041, 3316.06, 3316.20, 412
3317.01, 3317.013, 3317.014, 3317.018, 3317.02, 3317.021, 413
3317.022, 3317.023, 3317.024, 3317.025, 3317.0210, 3317.0211, 414
3317.03, 3317.031, 3317.05, 3317.051, 3317.053, 3317.06, 3317.061, 415
3317.07, 3317.08, 3317.081, 3317.082, 3317.09, 3317.11, 3317.12, 416
3317.13, 3317.14, 3317.16, 3317.18, 3317.19, 3317.20, 3317.201, 417
3318.032, 3318.05, 3318.051, 3318.08, 3318.12, 3318.31, 3318.36, 418
3318.37, 3318.38, 3318.41, 3319.02, 3319.08, 3319.088, 3319.11, 419
3319.111, 3319.14, 3319.141, 3319.16, 3319.17, 3319.18, 3319.19, 420
3319.26, 3319.31, 3319.311, 3319.39, 3319.57, 3319.71, 3323.09, 421
3323.091, 3323.14, 3323.142, 3323.31, 3324.05, 3325.01, 3325.08, 422
3326.11, 3326.33, 3326.39, 3327.02, 3327.04, 3327.05, 3329.08, 423
3331.01, 3333.03, 3333.043, 3333.31, 3333.66, 3333.81, 3333.82, 424
3333.83, 3333.84, 3333.85, 3333.87, 3333.90, 3334.19, 3345.061, 425
3345.14, 3349.29, 3353.04, 3354.12, 3354.16, 3355.09, 3357.16, 426
3365.01, 3365.08, 3375.41, 3381.11, 3501.03, 3501.17, 3505.13, 427
3506.05, 3701.021, 3701.023, 3701.07, 3701.61, 3701.74, 3701.83, 428
3702.31, 3702.59, 3704.06, 3704.14, 3705.24, 3709.085, 3709.09, 429
3709.092, 3709.21, 3709.34, 3721.01, 3721.011, 3721.02, 3721.04, 430
3721.16, 3721.50, 3721.51, 3721.561, 3721.58, 3722.01, 3722.011, 431
3722.02, 3722.021, 3722.022, 3722.04, 3722.041, 3722.05, 3722.06, 432
3722.07, 3722.08, 3722.09, 3722.10, 3722.11, 3722.12, 3722.13, 433
3722.14, 3722.15, 3722.151, 3722.16, 3722.17, 3722.18, 3729.01, 434
3733.02, 3733.021, 3733.022, 3733.024, 3733.025, 3733.03, 3733.04, 435
3733.05, 3733.06, 3733.08, 3733.09, 3733.091, 3733.10, 3733.101, 436
3733.11, 3733.12, 3733.121, 3733.122, 3733.123, 3733.13, 3733.14, 437
3733.15, 3733.17, 3733.18, 3733.19, 3733.20, 3733.41, 3733.99, 438
3734.02, 3734.05, 3734.06, 3734.18, 3734.19, 3734.20, 3734.21, 439
3734.22, 3734.23, 3734.24, 3734.25, 3734.26, 3734.27, 3734.28, 440
3734.282, 3734.57, 3734.85, 3734.901, 3735.36, 3735.66, 3737.83, 441
3737.841, 3737.87, 3737.88, 3745.015, 3745.05, 3745.11, 3746.02, 442
3750.081, 3769.07, 3769.08, 3769.20, 3769.26, 3770.03, 3770.05, 443
3772.062, 3781.06, 3781.183, 3791.043, 3793.04, 3793.06, 3793.21, 444
3901.3814, 3903.01, 3923.28, 3923.281, 3923.30, 3924.10, 3963.01, 445
3963.11, 4113.11, 4113.61, 4115.03, 4115.033, 4115.034, 4115.04, 446
4115.10, 4115.101, 4115.16, 4116.01, 4117.01, 4117.03, 4117.06, 447
4123.27, 4131.03, 4141.08, 4141.11, 4141.33, 4301.12, 4301.43, 448
4301.62, 4301.80, 4301.81, 4303.02, 4503.06, 4503.061, 4503.062, 449
4503.235, 4503.70, 4503.93, 4504.02, 4504.021, 4504.15, 4504.16, 450
4504.18, 4506.071, 4507.111, 4507.164, 4510.037, 4510.038, 451
4511.191, 4511.193, 4513.62, 4517.01, 4517.04, 4517.09, 4517.10, 452
4517.12, 4517.13, 4517.14, 4517.23, 4517.24, 4517.44, 4582.31, 453
4585.10, 4705.021, 4709.13, 4725.34, 4725.48, 4725.50, 4725.52, 454
4725.57, 4731.65, 4731.71, 4733.15, 4733.151, 4736.12, 4743.05, 455
4757.31, 4781.01, 4781.02, 4781.04, 4781.07, 4781.09, 4781.14, 456
4781.15, 4781.99, 4905.90, 4909.15, 4911.02, 4927.17, 4928.10, 457
4928.18, 4928.20, 4929.22, 4929.26, 4929.27, 4931.51, 4931.52, 458
4931.53, 5101.16, 5101.181, 5101.182, 5101.183, 5101.244, 5101.26, 459
5101.27, 5101.271, 5101.272, 5101.28, 5101.30, 5101.35, 5101.37, 460
5101.46, 5101.47, 5101.571, 5101.573, 5101.58, 5101.60, 5101.61, 461
5104.01, 5104.011, 5104.04, 5104.13, 5104.30, 5104.32, 5104.341, 462
5104.35, 5104.37, 5104.38, 5104.39, 5104.42, 5104.43, 5111.012, 463
5111.013, 5111.0112, 5111.021, 5111.023, 5111.025, 5111.031, 464
5111.06, 5111.113, 5111.13, 5111.151, 5111.16, 5111.162, 5111.17, 465
5111.172, 5111.20, 5111.21, 5111.211, 5111.222, 5111.23, 5111.231, 466
5111.235, 5111.24, 5111.241, 5111.244, 5111.25, 5111.251, 467
5111.254, 5111.258, 5111.27, 5111.28, 5111.33, 5111.35, 5111.52, 468
5111.65, 5111.66, 5111.67, 5111.671, 5111.672, 5111.68, 5111.681, 469
5111.687, 5111.689, 5111.709, 5111.85, 5111.871, 5111.872, 470
5111.873, 5111.874, 5111.877, 5111.88, 5111.89, 5111.891, 471
5111.894, 5111.911, 5111.912, 5111.913, 5111.94, 5111.941, 472
5111.97, 5112.30, 5112.31, 5112.37, 5112.371, 5112.39, 5112.40, 473
5112.41, 5112.46, 5112.99, 5119.01, 5119.02, 5119.06, 5119.16, 474
5119.18, 5119.22, 5119.221, 5119.61, 5119.611, 5119.613, 5119.62, 475
5119.621, 5119.99, 5120.135, 5120.17, 5120.28, 5120.29, 5122.01, 476
5122.02, 5122.15, 5122.21, 5122.27, 5122.271, 5122.29, 5122.31, 477
5122.32, 5123.01, 5123.0413, 5123.0417, 5123.051, 5123.092, 478
5123.171, 5123.18, 5123.19, 5123.191, 5123.194, 5123.35, 5123.352, 479
5123.45, 5123.60, 5123.61, 5123.63, 5123.64, 5123.69, 5123.701, 480
5123.86, 5123.99, 5126.01, 5126.029, 5126.04, 5126.042, 5126.05, 481
5126.054, 5126.0510, 5126.0511, 5126.0512, 5126.08, 5126.11, 482
5126.12, 5126.23, 5126.24, 5126.33, 5126.41, 5126.42, 5139.11, 483
5139.43, 5310.35, 5505.04, 5540.03, 5540.031, 5540.05, 5543.10, 484
5552.06, 5553.05, 5553.19, 5553.23, 5553.42, 5555.07, 5555.27, 485
5555.42, 5559.06, 5559.10, 5559.12, 5561.04, 5561.08, 5571.011, 486
5573.02, 5573.10, 5575.01, 5575.02, 5591.15, 5593.08, 5701.13, 487
5703.05, 5703.37, 5705.14, 5705.16, 5705.191, 5705.194, 5705.196, 488
5705.21, 5705.211, 5705.218, 5705.25, 5705.251, 5705.261, 489
5705.314, 5705.392, 5705.412, 5705.71, 5707.031, 5709.07, 5709.62, 490
5709.63, 5709.632, 5713.01, 5715.17, 5715.23, 5715.26, 5719.04, 491
5721.01, 5721.03, 5721.04, 5721.18, 5721.30, 5721.31, 5721.32, 492
5721.37, 5721.38, 5721.42, 5722.13, 5723.05, 5725.151, 5725.24, 493
5725.98, 5727.57, 5727.84, 5727.85, 5727.86, 5729.98, 5731.02, 494
5731.19, 5731.21, 5731.39, 5733.0610, 5733.23, 5739.02, 5739.021, 495
5739.022, 5739.026, 5739.101, 5747.01, 5747.058, 5747.113, 496
5747.451, 5747.46, 5747.51, 5748.02, 5748.021, 5748.04, 5748.08, 497
5751.01, 5751.011, 5751.20, 5751.21, 5751.22, 5751.23, 5751.50, 498
5753.01, 6101.16, 6103.04, 6103.05, 6103.06, 6103.081, 6103.31, 499
6105.131, 6109.21, 6111.038, 6111.044, 6111.46, 6115.01, 6115.20, 500
6117.05, 6117.06, 6117.07, 6117.251, 6117.49, 6119.10, 6119.18, 501
6119.22, 6119.25, and 6119.58 be amended; sections 173.35 502
(5119.69), 173.351 (5119.691), 173.36 (5119.692), 3306.12 503
(3317.0212), 3314.20 (3313.473), 3721.561 (3721.56), 3722.01 504
(5119.70), 3722.011 (5119.701), 3722.02 (5119.71), 3722.021 505
(5119.711), 3722.022 (5119.712), 3722.03 (5119.72), 3722.04 506
(5119.73), 3722.041 (5119.731), 3722.05 (5119.74), 3722.06 507
(5119.75), 3722.07 (5119.76), 3722.08 (5119.77), 3722.09 508
(5119.78), 3722.10 (5119.79), 3722.11 (5119.80), 3722.12 509
(5119.81), 3722.13 (5119.82), 3722.14 (5119.83), 3722.15 510
(5119.84), 3722.151 (5119.85), 3722.16 (5119.86), 3722.17 511
(5119.87), 3722.18 (5119.88), 3733.02 (4781.26), 3733.021 512
(4781.31), 3733.022 (4781.32), 3733.024 (4781.33), 3733.025 513
(4781.34), 3733.03 (4781.27), 3733.04 (4781.28), 3733.05 514
(4781.29), 3733.06 (4781.30), 3733.08 (4781.35), 3733.09 515
(4781.36), 3733.091 (4781.37), 3733.10 (4781.38), 3733.101 516
(4781.39), 3733.11 (4781.40), 3733.12 (4781.41), 3733.121 517
(4781.42), 3733.122 (4781.43), 3733.123 (4781.44), 3733.13 518
(4781.45), 3733.14 (4781.46), 3733.15 (4781.47), 3733.16 519
(4781.48), 3733.17 (4781.49), 3733.18 (4781.50), 3733.19 520
(4781.51), 3733.20 (4781.52), 5101.271 (5101.272), 5101.272 521
(5101.273), 5111.14 (5111.141), 5111.261 (5111.263), 5111.892 522
(5111.893), 5119.612 (5119.613), 5119.613 (5119.614), and 5123.60 523
(5123.601) be amended for the purpose of adopting new section 524
numbers as indicated in parentheses; that new sections 2151.56, 525
2151.57, 2151.58, 2151.59, 3314.016, 3319.112, 5101.271, 5111.14, 526
5111.261, 5111.861, 5111.892, 5119.612, 5123.60, and 5126.18, and 527
sections 7.16, 9.031, 9.05, 9.334, 9.335, 9.482, 111.181, 111.28, 528
111.29, 118.025, 118.31, 124.394, 125.024, 125.182, 125.213, 529
126.141, 126.60, 126.601, 126.602, 126.603, 126.604, 126.605, 530
149.308, 153.501, 153.502, 153.53, 153.55, 153.692, 153.693, 531
153.694, 153.72, 153.73, 154.24, 154.25, 164.30, 173.41, 183.151, 532
305.23, 306.322, 306.55, 306.551, 349.17, 523.01, 523.02, 523.03, 533
523.04, 523.05, 523.06, 523.07, 523.08, 717.08, 1327.501, 534
1505.011, 1505.05, 1509.022, 1541.25, 1541.26, 1571.012, 1571.013, 535
1571.014, 2151.429, 2335.061, 3123.591, 3302.042, 3302.06, 536
3302.061, 3302.062, 3302.063, 3302.064, 3302.065, 3302.066, 537
3302.067, 3302.068, 3302.12, 3302.20, 3302.21, 3302.22, 3302.23, 538
3302.24, 3302.25, 3302.30, 3311.0510, 3313.411, 3313.617, 539
3313.846, 3313.88, 3314.029, 3314.38, 3314.50, 3316.21, 3317.141, 540
3318.054, 3318.371, 3318.48, 3318.60, 3319.113, 3319.227, 3319.58, 541
3323.25, 3324.08, 3328.01, 3328.02, 3328.03, 3328.04, 3328.11, 542
3328.12, 3328.13, 3328.14, 3328.15, 3328.17, 3328.18, 3328.19, 543
3328.191, 3328.192, 3328.193, 3328.20, 3328.21, 3328.22, 3328.23, 544
3328.24, 3328.25, 3328.26, 3328.41, 3328.45, 3328.50, 3328.99, 545
3333.43, 3345.023, 3345.81, 3353.15, 3521.04, 3701.0211, 3701.032, 546
3701.94, 3701.941, 3709.341, 3745.016, 3770.031, 3793.061, 547
3903.301, 4303.209, 4313.01, 4313.02, 4729.021, 4781.121, 4781.54, 548
4905.98, 4911.021, 5111.0122, 5111.0123, 5111.0124, 5111.0125, 549
5111.0212, 5111.0213, 5111.0214, 5111.0215, 5111.035, 5111.051, 550
5111.052, 5111.063, 5111.085, 5111.161, 5111.179, 5111.224, 551
5111.225, 5111.259, 5111.83, 5111.862, 5111.863, 5111.944, 552
5111.945, 5111.981, 5112.991, 5119.012, 5119.013, 5119.222, 553
5119.622, 5119.623, 5120.092, 5122.341, 5123.0418, 5123.0419, 554
5123.0420, 5501.84, 5703.059, 5725.34, and 5729.17 of the Revised 555
Code be enacted to read as follows:556

       Sec. 7.10.  For the publication of advertisements, notices, 557
and proclamations, except those relating to proposed amendments to 558
the Ohio constitutionConstitution, required to be published by a 559
public officer of the state, county, municipal corporation, 560
township, school, a benevolent or other public institution, or by561
a trustee, assignee, executor, or administrator, or by or in any 562
court of record, except when the rate is otherwise fixed by law, 563
publishers of newspapers may charge and receive for such 564
advertisements, notices, and proclamations rates charged on annual 565
contracts by them for a like amount of space to other advertisers 566
who advertise in its general display advertising columns. Legal567

       For the publication of advertisements, notices, or 568
proclamations required to be published by a public officer of a 569
county, municipal corporation, township, school, or other 570
political subdivision, publishers of newspapers shall establish a 571
government rate, which shall include free publication of 572
advertisements, notices, or proclamations on the newspaper's 573
internet web site, if the newspaper has one. The government rate 574
shall not exceed the lowest classified advertising rate and lowest 575
insert rate paid by other advertisers.576

        Legal advertising, except that relating to proposed 577
amendments to the Ohio constitutionConstitution, shall be set up 578
in a compact form, without unnecessary spaces, blanks, or 579
headlines, and printed in not smaller than six-point type. The 580
type used must be of such proportions that the body of the capital 581
letter M is no wider than it is high and all other letters and 582
characters are in proportion.583

       Except as provided in section 2701.09 of the Revised Code, 584
all legal advertisements or notices shall be printed in newspapers 585
published in the English language onlyof general circulation and 586
also shall be posted on a newspaper's internet web site, if the 587
newspaper has one.588

       Sec. 7.11.  A proclamation for an election, an order fixing 589
the time of holding court, notice of the rates of taxation, bridge 590
and pike notices, notice to contractors, and such other 591
advertisements of general interest to the taxpayers as the county 592
auditor, county treasurer, probate judge, or board of county 593
commissioners deems proper shall be published in two newspapersa 594
newspaper of opposite politics of general circulation, as defined 595
in section 5721.017.12 of the Revised Code at the county seat if 596
there are such newspapers published thereat. If there are not two 597
newspapers of opposite politics and of general circulation 598
published in said county seat, such publication shall be made in 599
one newspaper published in said county seat and in any other 600
newspaper of general circulation in said county as defined in 601
section 5721.01 of the Revised Code, wherever published, without 602
regard to the politics of such other newspaper. In counties having 603
cities of eight thousand inhabitants or more, not the county seat 604
of such counties, additional publication of such notice shall be 605
made in two newspapersa newspaper of opposite politics and of606
general circulation in such city, as defined in such section, in 607
such city. For purposes of this section, a newspaper independent 608
in politics is a newspaper of opposite politics to a newspaper of 609
designated political affiliation. Sections 7.10 to 7.13, 610
inclusive, of the Revised Code, do not apply to the publication of 611
notices of delinquent and forfeited land sales.612

       The cost of any publication authorized by this section, which 613
isshall be printed in display form, shall be the commercial614
government rate chargedestablished by such newspaper under 615
section 7.10 of the Revised Code.616

       Sec. 7.12. (A) Whenever any legal publicationa state agency 617
or a political subdivision of the state is required by law to be 618
mademake any legal publication in a newspaper published in a 619
municipal corporation, county, or other political subdivision, the 620
newspaper shall also be a newspaper of general circulation in the 621
municipal corporation, county, or other political subdivision, 622
without further restriction or limitation upon a selection of the 623
newspaper to be used. If no newspaper is published in such 624
municipal corporation, county, or other political subdivision, 625
such legal publication shall be made in any newspaper of general 626
circulation therein. If there are less than two newspapers 627
published in any municipal corporation, county, or other political 628
subdivision in the manner defined by this section, then any legal 629
publication required by law to be made in a newspaper published in 630
a municipal corporation, county, or other political subdivision 631
may be made in any newspaper regularly issued at stated intervals 632
from a known office of publication located within the municipal 633
corporation, county, or other political subdivision. As used in 634
this section, a known office of publication is a public office 635
where the business of the newspaper is transacted during the usual 636
business hours, and such office shall be shown by the publication 637
itself. As used in the Revised Code,638

       In addition to all other requirements, a"newspaper" or639
"newspaper of general circulation," except those publications640
daily law journals in existence on or before July 1, 2011, and641
performing the functions described in section 2701.09 of the 642
Revised Code for a period of one yearthree years immediately 643
preceding any such legal publication required to be made, shall be644
is a publication bearing a title or name,that is regularly issued 645
as frequently asat least once a week for a definite price or 646
consideration paid for by not less than fifty per cent of those to 647
whom distribution is made, having a second class mailing 648
privilege, being not less than four pages, published continuously 649
during the immediately preceding one-year period, and circulated 650
generally in the political subdivision in which it is published. 651
Such publication must be of a type to which the general public 652
resorts for passing events of a political, religious, commercial, 653
and social nature, current happenings, announcements, 654
miscellaneous reading matter, advertisements, and other notices, 655
and that meets all of the following requirements:656

       (1) It is printed in the English language using standard 657
printing methods, being not less than eight pages in the 658
broadsheet format or sixteen pages in the tabloid format.659

       (2) It contains at least twenty-five per cent editorial 660
content, which includes, but is not limited to, local news, 661
political information, and local sports.662

       (3) It has been published continuously for at least three 663
years immediately preceding legal publication by the state agency 664
or political subdivision.665

       (4) The publication has the ability to add subscribers to its 666
distribution list.667

       (5) The publication is circulated generally by United States 668
mail or carrier delivery in the political subdivision responsible 669
for legal publication or in the state, if legal publication is 670
made by a state agency, by proof of the filing of a United States 671
postal service "Statement of Ownership, Management, and 672
Circulation" (PS form 3526) with the local postmaster, or by proof 673
of an independent audit of the publication performed, within the 674
twelve months immediately preceding legal publication.675

       (B) A person who disagrees that a publication is a "newspaper 676
of general circulation" in which legal publication may be made 677
under this section may deliver a written request for mediation to 678
the publisher of the publication and to the court of common pleas 679
of the county in which is located the political subdivision in 680
which the publication is circulated, or in the Franklin county 681
court of common pleas if legal publication is to be made by a 682
state agency. The court of common pleas shall appoint a mediator, 683
and the parties shall follow the procedures of the mediation 684
program operated by the court.685

       Sec. 7.16. (A) If a section of the Revised Code requires a 686
state agency or a political subdivision of the state to publish a 687
notice or advertisement two or more times in a newspaper of 688
general circulation and the section refers to this section, the 689
first publication of the notice or advertisement shall be made in 690
its entirety in a newspaper of general circulation and may be made 691
in a preprinted insert in the newspaper, but the second 692
publication otherwise required by that section may be made in 693
abbreviated form in a newspaper of general circulation in the 694
state or in the political subdivision, as designated in that 695
section, and on the newspaper's internet web site, if the 696
newspaper has one. The state agency or political subdivision may 697
eliminate any further newspaper publications required by that 698
section, provided that the second, abbreviated notice or 699
advertisement meets all of the following requirements:700

       (1) It is published in the newspaper of general circulation 701
in which the first publication of the notice or advertisement was 702
made and is published on that newspaper's internet web site, if 703
the newspaper has one.704

       (2) It includes a statement that the notice or advertisement 705
is posted in its entirety on the state agency's or political 706
subdivision's internet web site, or on the state public notice web 707
site established under section 125.182 of the Revised Code.708

       (3) It includes the internet addresses on the world wide web 709
of the state agency, political subdivision, or state public notice 710
web site and of the newspaper.711

        (4) It includes instructions for accessing the notice or 712
advertisement on the internet web sites specified in division 713
(A)(3) of this section.714

       (5) It is of sufficient size that it is at least one-fourth 715
of the size of the first publication in the newspaper.716

       (B) A notice or advertisement published under this section on 717
an internet web site shall be published in its entirety in 718
accordance with the section of the Revised Code that requires the 719
publication.720

        (C) If a state agency or political subdivision does not 721
operate and maintain, or ceases to operate and maintain, an 722
internet web site, and if the state public notice web site 723
established under section 125.182 of the Revised Code is not 724
operational, the state agency or political subdivision shall not 725
publish a notice or advertisement under this section, but instead 726
shall comply with the publication requirements of the section of 727
the Revised Code that refers to this section.728

       Sec. 9.03.  (A) As used in this section, "political 729
subdivision" means any body corporate and politic, except a 730
municipal corporation that has adopted a charter under Section 7 731
of Article XVIII, Ohio Constitution, and except a county that has 732
adopted a charter under Sections 3 and 4 of Article X, Ohio 733
Constitution, to which both of the following apply:734

       (1) It is responsible for governmental activities only in a 735
geographic area smaller than the state.736

       (2) It is subject to the sovereign immunity of the state.737

       (B) Except as otherwise provided in division (C) of this 738
section, the governing body of a political subdivision may use 739
public funds to publish and distribute newsletters, or to use any 740
other means, to communicate information about the plans, policies, 741
and operations of the political subdivision to members of the 742
public within the political subdivision and to other persons who 743
may be affected by the political subdivision.744

       (C) Except as otherwise provided in division (A)(7) of 745
section 340.03 or division (A)(12) of section 340.033 of the 746
Revised Code, no governing body of a political subdivision shall 747
use public funds to do any of the following:748

       (1) Publish, distribute, or otherwise communicate information 749
that does any of the following:750

       (a) Contains defamatory, libelous, or obscene matter;751

       (b) Promotes alcoholic beverages, cigarettes or other tobacco 752
products, or any illegal product, service, or activity;753

       (c) Promotes illegal discrimination on the basis of race, 754
color, religion, national origin, handicap, age, or ancestry;755

       (d) Supports or opposes any labor organization or any action 756
by, on behalf of, or against any labor organization;757

       (e) Supports or opposes the nomination or election of a 758
candidate for public office, the investigation, prosecution, or 759
recall of a public official, or the passage of a levy or bond 760
issue.761

       (2) Compensate any employee of the political subdivision for 762
time spent on any activity to influence the outcome of an election 763
for any of the purposes described in division (C)(1)(e) of this 764
section. Division (C)(2) of this section does not prohibit the use 765
of public funds to compensate an employee of a political 766
subdivision for attending a public meeting to present information 767
about the political subdivision's finances, activities, and 768
governmental actions in a manner that is not designed to influence 769
the outcome of an election or the passage of a levy or bond issue, 770
even though the election, levy, or bond issue is discussed or 771
debated at the meeting.772

       (D) Nothing in this section prohibits or restricts any 773
political subdivision from sponsoring, participating in, or doing 774
any of the following:775

       (1) Charitable or public service advertising that is not 776
commercial in nature unless the commercial advertising complies 777
with section 9.031 of the Revised Code;778

       (2) Advertising of exhibitions, performances, programs, 779
products, or services that are provided by employees of a 780
political subdivision or are provided at or through premises owned 781
or operated by a political subdivision;782

       (3) Licensing an interest in a name or mark that is owned or 783
controlled by the political subdivision.784

       (E) As used in this section, "cigarettes" and "tobacco 785
product" have the same meanings as in section 5743.01 of the 786
Revised Code.787

       Sec. 9.031. (A) As used in this section:788

        (1) "Advertising" means internet advertising, including 789
banners and icons that may contain links to commercial internet 790
web sites. "Advertising" does not include spyware, malware, or any 791
viruses or programs considered to be malicious.792

       (2) "Political subdivision" has the meaning defined in 793
section 9.03 of the Revised Code.794

       (3) "State agency" has the meaning defined in section 1.60 of 795
the Revised Code and includes state institutions of higher 796
education as defined in section 3345.011 of the Revised Code. 797

       (4) "State agency web site" means a web site, internet page, 798
or web page of a state agency office, with respective internet 799
addresses or subdomains, that are intended to provide the public 800
with information about services offered by the state agency 801
office, including relevant forms of searchable data.802

        (5) "Political subdivision web site" means a web site, 803
internet page, or web page of a political subdivision office, with 804
respective internet addresses or subdomains, that are intended to 805
provide the public with information about services offered by the 806
political subdivision office, including relevant forms of 807
searchable data.808

        (B) A state agency or political subdivision may authorize 809
commercial advertising on a state agency web site or political 810
subdivision web site. A state agency shall adopt rules under 811
section 111.15 of the Revised Code and a political subdivision 812
shall adopt a resolution to authorize placing commercial 813
advertising on the state agency or political subdivision web site. 814
The rules or resolution shall include all of the following:815

        (1) A specification of the state agency or political 816
subdivision office, and of the officials or employees therein, who 817
are authorized to place commercial advertisements on the state 818
agency or political subdivision web site;819

        (2) Criteria for choosing the advertisers and types of 820
advertisements that may be placed on the state agency or political 821
subdivision web site;822

       (3) Requirements and procedures for making requests for 823
proposals for placing commercial advertising on the state agency 824
or political subdivision web site;825

        (4) Any other requirements or limitations necessary to 826
authorize commercial advertising on the state agency or political 827
subdivision web site.828

        (C) A state agency or political subdivision web site on which 829
commercial advertising is placed shall be used exclusively to 830
provide information from the state agency or political subdivision 831
office to the public, and shall not be used as a public forum.832

       Sec. 9.05.  Notwithstanding any provision of section 109.02 833
of the Revised Code to the contrary, the members of the 834
apportionment board, by majority vote, may choose to be 835
represented by either the attorney general or by private legal 836
counsel in regard to any lawsuit challenging the constitutionality 837
or legality of general assembly districts established under 838
Article XI of the Ohio Constitution.839

       As used in this section, "apportionment board" means the 840
persons designated in Section 1 of Article XI, Ohio Constitution, 841
as being responsible for the apportionment of this state for 842
members of the general assembly.843

       Sec. 9.06.  (A)(1) The department of rehabilitation and 844
correction may contract for the private operation and management 845
pursuant to this section of the initial intensive program prison 846
established pursuant to section 5120.033 of the Revised Code, if 847
one or more intensive program prisons are established under that 848
section, and may contract for the private operation and management 849
of any other facility under this section. Counties and municipal 850
corporations to the extent authorized in sections 307.93, 341.35, 851
753.03, and 753.15 of the Revised Code may contract for the 852
private operation and management of a facility under this section. 853
A contract entered into under this section shall be for an initial 854
term of not more than two yearsspecified in the contract with an 855
option to renew for additional periods of two years.856

       (2) The department of rehabilitation and correction, by rule, 857
shall adopt minimum criteria and specifications that a person or 858
entity, other than a person or entity that satisfies the criteria 859
set forth in division (A)(3)(a) of this section and subject to 860
division (I) of this section, must satisfy in order to apply to 861
operate and manage as a contractor pursuant to this section the 862
initial intensive program prison established pursuant to section 863
5120.033 of the Revised Code, if one or more intensive program 864
prisons are established under that section.865

       (3) Subject to division (I) of this section, any person or 866
entity that applies to operate and manage a facility as a 867
contractor pursuant to this section shall satisfy one or more of 868
the following criteria:869

       (a) The person or entity is accredited by the American 870
correctional association and, at the time of the application, 871
operates and manages one or more facilities accredited by the 872
American correctional association.873

       (b) The person or entity satisfies all of the minimum 874
criteria and specifications adopted by the department of 875
rehabilitation and correction pursuant to division (A)(2) of this 876
section, provided that this alternative shall be available only in 877
relation to the initial intensive program prison established 878
pursuant to section 5120.033 of the Revised Code, if one or more 879
intensive program prisons are established under that section.880

       (4) Subject to division (I) of this section, before a public 881
entity may enter into a contract under this section, the 882
contractor shall convincingly demonstrate to the public entity 883
that it can operate the facility with the inmate capacity required 884
by the public entity and provide the services required in this 885
section and realize at least a five per cent savings over the 886
projected cost to the public entity of providing these same 887
services to operate the facility that is the subject of the 888
contract. No out-of-state prisoners may be housed in any facility 889
that is the subject of a contract entered into under this section.890

       (B) Subject to division (I) of this section, any contract 891
entered into under this section shall include all of the 892
following:893

       (1) A requirement that the contractor retain the contractor's 894
accreditation from the American correctional association 895
throughout the contract term or, if the contractor applied 896
pursuant to division (A)(3)(b) of this section, the contractor897
continue complying with the applicable criteria and specifications 898
adopted by the department of rehabilitation and correction 899
pursuant to division (A)(2) of this section;900

       (2) A requirement that all of the following conditions be 901
met:902

       (a) The contractor begins the process of accrediting the 903
facility with the American correctional association no later than 904
sixty days after the facility receives its first inmate.905

       (b) The contractor receives accreditation of the facility 906
within twelve months after the date the contractor applies to the 907
American correctional association for accreditation.908

       (c) Once the accreditation is received, the contractor 909
maintains it for the duration of the contract term.910

       (d) If the contractor does not comply with divisions 911
(B)(2)(a) to (c) of this section, the contractor is in violation 912
of the contract, and the public entity may revoke the contract at 913
its discretion.914

       (3) A requirement that the contractor comply with all rules 915
promulgated by the department of rehabilitation and correction 916
that apply to the operation and management of correctional 917
facilities, including the minimum standards for jails in Ohio and 918
policies regarding the use of force and the use of deadly force, 919
although the public entity may require more stringent standards, 920
and comply with any applicable laws, rules, or regulations of the 921
federal, state, and local governments, including, but not limited 922
to, sanitation, food service, safety, and health regulations. The 923
contractor shall be required to send copies of reports of 924
inspections completed by the appropriate authorities regarding 925
compliance with rules and regulations to the director of 926
rehabilitation and correction or the director's designee and, if 927
contracting with a local public entity, to the governing authority 928
of that entity.929

       (4) A requirement that the contractor report for 930
investigation all crimes in connection with the facility to the 931
public entity, to all local law enforcement agencies with 932
jurisdiction over the place at which the facility is located, and, 933
for a crime committed at a state correctional institution, to the 934
state highway patrol;935

       (5) A requirement that the contractor immediately report all 936
escapes from the facility, and the apprehension of all escapees, 937
by telephone and in writing to all local law enforcement agencies 938
with jurisdiction over the place at which the facility is located, 939
to the prosecuting attorney of the county in which the facility is 940
located, to the state highway patrol, to a daily newspaper having 941
general circulation in the county in which the facility is 942
located, and, if the facility is a state correctional institution, 943
to the department of rehabilitation and correction. The written 944
notice may be by either facsimile transmission or mail. A failure 945
to comply with this requirement regarding an escape is a violation 946
of section 2921.22 of the Revised Code.947

       (6) A requirement that, if the facility is a state 948
correctional institution, the contractor provide a written report 949
within specified time limits to the director of rehabilitation and 950
correction or the director's designee of all unusual incidents at 951
the facility as defined in rules promulgated by the department of 952
rehabilitation and correction or, if the facility is a local 953
correctional institution, that the contractor provide a written 954
report of all unusual incidents at the facility to the governing 955
authority of the local public entity;956

       (7) A requirement that the contractor maintain proper control 957
of inmates' personal funds pursuant to rules promulgated by the 958
department of rehabilitation and correction for state correctional 959
institutions or pursuant to the minimum standards for jails along 960
with any additional standards established by the local public 961
entity for local correctional institutions and that records 962
pertaining to these funds be made available to representatives of 963
the public entity for review or audit;964

       (8) A requirement that the contractor prepare and distribute 965
to the director of rehabilitation and correction or, if 966
contracting with a local public entity, to the governing authority 967
of the local entity annual budget income and expenditure 968
statements and funding source financial reports;969

       (9) A requirement that the public entity appoint and 970
supervise a full-time contract monitor, that the contractor 971
provide suitable office space for the contract monitor at the 972
facility, and that the contractor allow the contract monitor 973
unrestricted access to all parts of the facility and all records 974
of the facility except the contractor's financial records;975

       (10) A requirement that if the facility is a state 976
correctional institution designated department of rehabilitation 977
and correction staff members be allowed access to the facility in 978
accordance with rules promulgated by the department;979

       (11) A requirement that the contractor provide internal and 980
perimeter security as agreed upon in the contract;981

       (12) If the facility is a state correctional institution, a 982
requirement that the contractor impose discipline on inmates 983
housed in a state correctional institutionthe facility only in 984
accordance with rules promulgated by the department of 985
rehabilitation and correction;986

       (13) A requirement that the facility be staffed at all times 987
with a staffing pattern approved by the public entity and adequate 988
both to ensure supervision of inmates and maintenance of security 989
within the facility and to provide for programs, transportation, 990
security, and other operational needs. In determining security 991
needs, the contractor shall be required to consider, among other 992
things, the proximity of the facility to neighborhoods and 993
schools.994

       (14) If the contract is with a local public entity, a 995
requirement that the contractor provide services and programs, 996
consistent with the minimum standards for jails promulgated by the 997
department of rehabilitation and correction under section 5120.10 998
of the Revised Code;999

       (15) A clear statement that no immunity from liability 1000
granted to the state, and no immunity from liability granted to 1001
political subdivisions under Chapter 2744. of the Revised Code, 1002
shall extend to the contractor or any of the contractor's 1003
employees;1004

       (16) A statement that all documents and records relevant to 1005
the facility shall be maintained in the same manner required for, 1006
and subject to the same laws, rules, and regulations as apply to, 1007
the records of the public entity;1008

       (17) Authorization for the public entity to impose a fine on 1009
the contractor from a schedule of fines included in the contract 1010
for the contractor's failure to perform its contractual duties or 1011
to cancel the contract, as the public entity considers 1012
appropriate. If a fine is imposed, the public entity may reduce 1013
the payment owed to the contractor pursuant to any invoice in the 1014
amount of the imposed fine.1015

       (18) A statement that all services provided or goods produced 1016
at the facility shall be subject to the same regulations, and the 1017
same distribution limitations, as apply to goods and services 1018
produced at other correctional institutions;1019

       (19) AuthorizationIf the facility is a state correctional 1020
institution, authorization for the department to establish one or 1021
more prison industries at athe facility operated and managed by a 1022
contractor for the department;1023

       (20) A requirement that, if the facility is an intensive 1024
program prison established pursuant to section 5120.033 of the 1025
Revised Code, the facility shall comply with all criteria for 1026
intensive program prisons of that type that are set forth in that 1027
section;1028

       (21) If the institutionfacility is a state correctional 1029
institution, a requirement that the contractor provide clothing 1030
for all inmates housed in the facility that is conspicuous in its 1031
color, style, or color and style, that conspicuously identifies 1032
its wearer as an inmate, and that is readily distinguishable from 1033
clothing of a nature that normally is worn outside the facility by 1034
non-inmates, that the contractor require all inmates housed in the 1035
facility to wear the clothing so provided, and that the contractor 1036
not permit any inmate, while inside or on the premises of the 1037
facility or while being transported to or from the facility, to 1038
wear any clothing of a nature that does not conspicuously identify 1039
its wearer as an inmate and that normally is worn outside the 1040
facility by non-inmates.1041

       (C) No contract entered into under this section may require, 1042
authorize, or imply a delegation of the authority or 1043
responsibility of the public entity to a contractor for any of the 1044
following:1045

       (1) Developing or implementing procedures for calculating 1046
inmate release and parole eligibility dates and recommending the 1047
granting or denying of parole, although the contractor may submit 1048
written reports that have been prepared in the ordinary course of 1049
business;1050

       (2) Developing or implementing procedures for calculating and 1051
awarding earned credits, approving the type of work inmates may 1052
perform and the wage or earned credits, if any, that may be 1053
awarded to inmates engaging in that work, and granting, denying, 1054
or revoking earned credits;1055

       (3) For inmates serving a term imposed for a felony offense 1056
committed prior to July 1, 1996, or for a misdemeanor offense, 1057
developing or implementing procedures for calculating and awarding 1058
good time, approving the good time, if any, that may be awarded to 1059
inmates engaging in work, and granting, denying, or revoking good 1060
time;1061

       (4) Classifying an inmate or placing an inmate in a more or a 1062
less restrictive custody than the custody ordered by the public 1063
entity;1064

       (5) Approving inmates for work release;1065

       (6) Contracting for local or long distance telephone services 1066
for inmates or receiving commissions from those services at a 1067
facility that is owned by or operated under a contract with the 1068
department.1069

       (D) A contractor that has been approved to operate a facility 1070
under this section, and a person or entity that enters into a 1071
contract for specialized services, as described in division (I) of 1072
this section, relative to an intensive program prison established 1073
pursuant to section 5120.033 of the Revised Code to be operated by 1074
a contractor that has been approved to operate the prison under 1075
this section, shall provide an adequate policy of insurance 1076
specifically including, but not limited to, insurance for civil 1077
rights claims as determined by a risk management or actuarial firm 1078
with demonstrated experience in public liability for state 1079
governments. The insurance policy shall provide that the state, 1080
including all state agencies, and all political subdivisions of 1081
the state with jurisdiction over the facility or in which a 1082
facility is located are named as insured, and that the state and 1083
its political subdivisions shall be sent any notice of 1084
cancellation. The contractor may not self-insure.1085

       A contractor that has been approved to operate a facility 1086
under this section, and a person or entity that enters into a 1087
contract for specialized services, as described in division (I) of 1088
this section, relative to an intensive program prison established 1089
pursuant to section 5120.033 of the Revised Code to be operated by 1090
a contractor that has been approved to operate the prison under 1091
this section, shall indemnify and hold harmless the state, its 1092
officers, agents, and employees, and any local government entity 1093
in the state having jurisdiction over the facility or ownership of 1094
the facility, shall reimburse the state for its costs in defending 1095
the state or any of its officers, agents, or employees, and shall 1096
reimburse any local government entity of that nature for its costs 1097
in defending the local government entity, from all of the 1098
following:1099

       (1) Any claims or losses for services rendered by the 1100
contractor, person, or entity performing or supplying services in 1101
connection with the performance of the contract;1102

       (2) Any failure of the contractor, person, or entity or its 1103
officers or employees to adhere to the laws, rules, regulations, 1104
or terms agreed to in the contract;1105

       (3) Any constitutional, federal, state, or civil rights claim 1106
brought against the state related to the facility operated and 1107
managed by the contractor;1108

       (4) Any claims, losses, demands, or causes of action arising 1109
out of the contractor's, person's, or entity's activities in this 1110
state;1111

       (5) Any attorney's fees or court costs arising from any 1112
habeas corpus actions or other inmate suits that may arise from 1113
any event that occurred at the facility or was a result of such an 1114
event, or arise over the conditions, management, or operation of 1115
the facility, which fees and costs shall include, but not be 1116
limited to, attorney's fees for the state's representation and for 1117
any court-appointed representation of any inmate, and the costs of 1118
any special judge who may be appointed to hear those actions or 1119
suits.1120

       (E) Private correctional officers of a contractor operating 1121
and managing a facility pursuant to a contract entered into under 1122
this section may carry and use firearms in the course of their 1123
employment only after being certified as satisfactorily completing 1124
an approved training program as described in division (A) of 1125
section 109.78 of the Revised Code.1126

       (F) Upon notification by the contractor of an escape from, or 1127
of a disturbance at, the facility that is the subject of a 1128
contract entered into under this section, the department of 1129
rehabilitation and correction and state and local law enforcement 1130
agencies shall use all reasonable means to recapture escapees or 1131
quell any disturbance. Any cost incurred by the state or its 1132
political subdivisions relating to the apprehension of an escapee 1133
or the quelling of a disturbance at the facility shall be 1134
chargeable to and borne by the contractor. The contractor shall 1135
also reimburse the state or its political subdivisions for all 1136
reasonable costs incurred relating to the temporary detention of 1137
the escapee following recapture.1138

       (G) Any offense that would be a crime if committed at a state 1139
correctional institution or jail, workhouse, prison, or other 1140
correctional facility shall be a crime if committed by or with 1141
regard to inmates at facilities operated pursuant to a contract 1142
entered into under this section.1143

       (H) A contractor operating and managing a facility pursuant 1144
to a contract entered into under this section shall pay any inmate 1145
workers at the facility at the rate approved by the public entity. 1146
Inmates working at the facility shall not be considered employees 1147
of the contractor.1148

       (I) In contracting for the private operation and management 1149
pursuant to division (A) of this section of any intensive program 1150
prison established pursuant to section 5120.033 of the Revised 1151
Code, the department of rehabilitation and correction may enter 1152
into a contract with a contractor for the general operation and 1153
management of the prison and may enter into one or more separate 1154
contracts with other persons or entities for the provision of 1155
specialized services for persons confined in the prison, 1156
including, but not limited to, security or training services or 1157
medical, counseling, educational, or similar treatment programs. 1158
If, pursuant to this division, the department enters into a 1159
contract with a contractor for the general operation and 1160
management of the prison and also enters into one or more 1161
specialized service contracts with other persons or entities, all 1162
of the following apply:1163

       (1) The contract for the general operation and management 1164
shall comply with all requirements and criteria set forth in this 1165
section, and all provisions of this section apply in relation to 1166
the prison operated and managed pursuant to the contract.1167

       (2) Divisions (A)(2), (B), and (C) of this section do not 1168
apply in relation to any specialized services contract, except to 1169
the extent that the provisions of those divisions clearly are 1170
relevant to the specialized services to be provided under the 1171
specialized services contract. Division (D) of this section 1172
applies in relation to each specialized services contract.1173

       (J) If, on or after the effective date of this amendment, a 1174
contractor enters into a contract with the department of 1175
rehabilitation and correction under this section for the operation 1176
and management of any facility described in Section 753.10 of the 1177
act in which this amendment was adopted or with the department of 1178
youth services and department of administrative services under 1179
Section 753.30 of the act in which this amendment was adopted for 1180
the operation and management as an adult correctional facility of 1181
any facility described in that section, if the contract provides 1182
for the sale of the facility to the contractor, if the facility is 1183
sold to the contractor subsequent to the execution of the 1184
contract, and if the contractor is privately operating and 1185
managing the facility, notwithstanding the contractor's private 1186
operation and management of the facility, all of the following 1187
apply:1188

       (1) Except as expressly provided to the contrary in this 1189
section, the facility being privately operated and managed by the 1190
contractor shall be considered for purposes of the Revised Code as 1191
being under the control of, or under the jurisdiction of, the 1192
department of rehabilitation and correction.1193

       (2) Any reference in this section to "state correctional 1194
institution," any reference in Chapter 2967. of the Revised Code 1195
to "state correctional institution," other than the definition of 1196
that term set forth in section 2967.01 of the Revised Code, or to 1197
"prison," and any reference in Chapter 2929., 5120., 5145., 5147., 1198
or 5149. or any other provision of the Revised Code to "state 1199
correctional institution" or "prison" shall be considered to 1200
include a reference to the facility being privately operated and 1201
managed by the contractor, unless the context makes the inclusion 1202
of that facility clearly inapplicable.1203

       (3) Upon the sale and conveyance of the facility, the 1204
facility shall be returned to the tax list and duplicate 1205
maintained by the county auditor, and the facility shall be 1206
subject to all real property taxes and assessments. No exemption 1207
from real property taxation pursuant to Chapter 5709. of the 1208
Revised Code shall apply to the facility conveyed. The gross 1209
receipts and income of the contractor to whom the facility is 1210
conveyed that are derived from operating and managing the facility 1211
under this section shall be exempt from gross receipts and income 1212
taxes levied by the state and its subdivisions, including the 1213
taxes levied pursuant to Chapters 718., 5747., 5748., and 5751. of 1214
the Revised Code.1215

       (K) As used in this section:1216

       (1) "Public entity" means the department of rehabilitation 1217
and correction, or a county or municipal corporation or a 1218
combination of counties and municipal corporations, that has 1219
jurisdiction over a facility that is the subject of a contract 1220
entered into under this section.1221

       (2) "Local public entity" means a county or municipal 1222
corporation, or a combination of counties and municipal 1223
corporations, that has jurisdiction over a jail, workhouse, or 1224
other correctional facility used only for misdemeanants that is 1225
the subject of a contract entered into under this section.1226

       (3) "Governing authority of a local public entity" means, for 1227
a county, the board of county commissioners; for a municipal 1228
corporation, the legislative authority; for a combination of 1229
counties and municipal corporations, all the boards of county 1230
commissioners and municipal legislative authorities that joined to 1231
create the facility.1232

       (4) "Contractor" means a person or entity that enters into a 1233
contract under this section to operate and manage a jail, 1234
workhouse, or other correctional facility.1235

       (5) "Facility" means theany of the following:1236

       (a) The specific county, multicounty, municipal, 1237
municipal-county, or multicounty-municipal jail, workhouse, 1238
prison, or other type of correctional institution or facility used 1239
only for misdemeanants, or athat is the subject of a contract 1240
entered into under this section;1241

       (b) Any state correctional institution, that is the subject 1242
of a contract entered into under this section, including any 1243
facility described in Section 753.10 of the act in which this 1244
amendment was adopted or under Section 753.30 of the act in which 1245
this section was adopted and used as an adult correctional 1246
facility at any time prior to or after any sale to a contractor of 1247
the state's right, title, and interest in the facility, the land 1248
situated thereon, and specified surrounding land.1249

       (6) "Person or entity" in the case of a contract for the 1250
private operation and management of a state correctional 1251
institution, includes an employee organization, as defined in 1252
section 4117.01 of the Revised Code, that represents employees at 1253
state correctional institutions.1254

       Sec. 9.231. (A)(1) Subject to divisions (A)(2) and (3) of 1255
this section, a governmental entity shall not disburse money 1256
totaling twenty-five thousand dollars or more to any person for 1257
the provision of services for the primary benefit of individuals 1258
or the public and not for the primary benefit of a governmental 1259
entity or the employees of a governmental entity, unless the 1260
contracting authority of the governmental entity first enters into 1261
a written contract with the person that is signed by the person or 1262
by an officer or agent of the person authorized to legally bind 1263
the person and that embodies all of the requirements and 1264
conditions set forth in sections 9.23 to 9.236 of the Revised 1265
Code. If the disbursement of money occurs over the course of a 1266
governmental entity's fiscal year, rather than in a lump sum, the 1267
contracting authority of the governmental entity shall enter into 1268
the written contract with the person at the point during the 1269
governmental entity's fiscal year that at least seventy-five 1270
thousand dollars has been disbursed by the governmental entity to 1271
the person. Thereafter, the contracting authority of the 1272
governmental entity shall enter into the written contract with the 1273
person at the beginning of the governmental entity's fiscal year, 1274
if, during the immediately preceding fiscal year, the governmental 1275
entity disbursed to that person an aggregate amount totaling at 1276
least seventy-five thousand dollars.1277

       (2) If the money referred to in division (A)(1) of this 1278
section is disbursed by or through more than one state agency to 1279
the person for the provision of services to the same population, 1280
the contracting authorities of those agencies shall determine 1281
which one of them will enter into the written contract with the 1282
person.1283

       (3) The requirements and conditions set forth in divisions 1284
(A), (B), (C), and (F) of section 9.232, divisions (A)(1) and (2) 1285
and (B) of section 9.234, divisions (A)(2) and (B) of section 1286
9.235, and sections 9.233 and 9.236 of the Revised Code do not 1287
apply with respect to the following:1288

       (a) Contracts to which all of the following apply: 1289

       (i) The amount received for the services is a set fee for 1290
each time the services are provided, is determined in accordance 1291
with a fixed rate per unit of time or per service, or is a 1292
capitated rate, and the fee or rate is established by competitive 1293
bidding or by a market rate survey of similar services provided in 1294
a defined market area. The market rate survey may be one conducted 1295
by or on behalf of the governmental entity or an independent 1296
survey accepted by the governmental entity as statistically valid 1297
and reliable.1298

       (ii) The services are provided in accordance with standards 1299
established by state or federal law, or by rules or regulations 1300
adopted thereunder, for their delivery, which standards are 1301
enforced by the federal government, a governmental entity, or an 1302
accrediting organization recognized by the federal government or a 1303
governmental entity.1304

       (iii) Payment for the services is made after the services are 1305
delivered and upon submission to the governmental entity of an 1306
invoice or other claim for payment as required by any applicable 1307
local, state, or federal law or, if no such law applies, by the 1308
terms of the contract. 1309

       (b) Contracts under which the services are reimbursed through 1310
or in a manner consistent with a federal program that meets all of 1311
the following requirements:1312

       (i) The program calculates the reimbursement rate on the 1313
basis of the previous year's experience or in accordance with an 1314
alternative method set forth in rules adopted by the Ohio 1315
department of job and family services.1316

       (ii) The reimbursement rate is derived from a breakdown of 1317
direct and indirect costs.1318

       (iii) The program's guidelines describe types of expenditures 1319
that are allowable and not allowable under the program and 1320
delineate which costs are acceptable as direct costs for purposes 1321
of calculating the reimbursement rate.1322

       (iv) The program includes a uniform cost reporting system 1323
with specific audit requirements.1324

       (c) Contracts under which the services are reimbursed through 1325
or in a manner consistent with a federal program that calculates 1326
the reimbursement rate on a fee for service basis in compliance 1327
with United States office of management and budget Circular A-87, 1328
as revised May 10, 2004. 1329

       (d) Contracts for services that are paid pursuant to the 1330
earmarking of an appropriation made by the general assembly for 1331
that purpose.1332

       (B) Division (A) of this section does not apply if the money 1333
is disbursed to a person pursuant to a contract with the United 1334
States or a governmental entity under any of the following 1335
circumstances:1336

       (1) The person receives the money directly or indirectly from 1337
the United States, and no governmental entity exercises any 1338
oversight or control over the use of the money.1339

       (2) The person receives the money solely in return for the 1340
performance of one or more of the following types of services:1341

       (a) Medical, therapeutic, or other health-related services 1342
provided by a person if the amount received is a set fee for each 1343
time the person provides the services, is determined in accordance 1344
with a fixed rate per unit of time, or is a capitated rate, and 1345
the fee or rate is reasonable and customary in the person's trade 1346
or profession;1347

       (b) Medicaid-funded services, including administrative and 1348
management services, provided pursuant to a contract or medicaid 1349
provider agreement that meets the requirements of the medicaid 1350
program established under Chapter 5111. of the Revised Code. 1351

       (c) Services, other than administrative or management 1352
services or any of the services described in division (B)(2)(a) or 1353
(b) of this section, that are commonly purchased by the public at 1354
an hourly rate or at a set fee for each time the services are 1355
provided, unless the services are performed for the benefit of 1356
children, persons who are eligible for the services by reason of 1357
advanced age, medical condition, or financial need, or persons who 1358
are confined in a detention facility as defined in section 2921.01 1359
of the Revised Code, and the services are intended to help promote 1360
the health, safety, or welfare of those children or persons;1361

       (d) Educational services provided by a school to children 1362
eligible to attend that school. For purposes of division (B)(2)(d) 1363
of this section, "school" means any school operated by a school 1364
district board of education, any community school established 1365
under Chapter 3314. of the Revised Code, or any nonpublic school 1366
for which the state board of education prescribes minimum 1367
education standards under section 3301.07 of the Revised Code.1368

       (e) Services provided by a foster home as defined in section 1369
5103.02 of the Revised Code;1370

       (f) "Routine business services other than administrative or 1371
management services," as that term is defined by the attorney 1372
general by rule adopted in accordance with Chapter 119. of the 1373
Revised Code;1374

       (g) Services to protect the environment or promote 1375
environmental education that are provided by a nonprofit entity or 1376
services to protect the environment that are funded with federal 1377
grants or revolving loan funds and administered in accordance with 1378
federal law;1379

       (h) Services, including administrative and management 1380
services, provided under the children's buy-in program established 1381
under sections 5101.5211 to 5101.5216 of the Revised Code.1382

       (3) The person receives the money solely in return for the 1383
performance of services intended to help preserve public health or 1384
safety under circumstances requiring immediate action as a result 1385
of a natural or man-made emergency.1386

       (C) With respect to a nonprofit association, corporation, or 1387
organization established for the purpose of providing educational, 1388
technical, consulting, training, financial, or other services to 1389
its members in exchange for membership dues and other fees, any of 1390
the services provided to a member that is a governmental entity 1391
shall, for purposes of this section, be considered services "for 1392
the primary benefit of a governmental entity or the employees of a 1393
governmental entity.1394

       Sec. 9.24. (A) Except as may be allowed under division (F) of 1395
this section, no state agency and no political subdivision shall 1396
award a contract as described in division (G)(1) of this section 1397
for goods, services, or construction, paid for in whole or in part 1398
with state funds, to a person against whom a finding for recovery 1399
has been issued by the auditor of state on and after January 1, 1400
2001, if the finding for recovery is unresolved.1401

       A contract is considered to be awarded when it is entered 1402
into or executed, irrespective of whether the parties to the 1403
contract have exchanged any money.1404

        (B) For purposes of this section, a finding for recovery is 1405
unresolved unless one of the following criteria applies:1406

        (1) The money identified in the finding for recovery is paid 1407
in full to the state agency or political subdivision to whom the 1408
money was owed;1409

        (2) The debtor has entered into a repayment plan that is 1410
approved by the attorney general and the state agency or political 1411
subdivision to whom the money identified in the finding for 1412
recovery is owed. A repayment plan may include a provision 1413
permitting a state agency or political subdivision to withhold 1414
payment to a debtor for goods, services, or construction provided 1415
to or for the state agency or political subdivision pursuant to a 1416
contract that is entered into with the debtor after the date the 1417
finding for recovery was issued.1418

        (3) The attorney general waives a repayment plan described in 1419
division (B)(2) of this section for good cause;1420

        (4) The debtor and state agency or political subdivision to 1421
whom the money identified in the finding for recovery is owed have 1422
agreed to a payment plan established through an enforceable 1423
settlement agreement.1424

        (5) The state agency or political subdivision desiring to 1425
enter into a contract with a debtor certifies, and the attorney 1426
general concurs, that all of the following are true:1427

        (a) Essential services the state agency or political 1428
subdivision is seeking to obtain from the debtor cannot be 1429
provided by any other person besides the debtor;1430

        (b) Awarding a contract to the debtor for the essential 1431
services described in division (B)(5)(a) of this section is in the 1432
best interest of the state;1433

        (c) Good faith efforts have been made to collect the money 1434
identified in the finding of recovery.1435

       (6) The debtor has commenced an action to contest the finding 1436
for recovery and a final determination on the action has not yet 1437
been reached.1438

        (C) The attorney general shall submit an initial report to 1439
the auditor of state, not later than December 1, 2003, indicating 1440
the status of collection for all findings for recovery issued by 1441
the auditor of state for calendar years 2001, 2002, and 2003. 1442
Beginning on January 1, 2004, the attorney general shall submit to 1443
the auditor of state, on the first day of every January, April, 1444
July, and October, a list of all findings for recovery that have 1445
been resolved in accordance with division (B) of this section 1446
during the calendar quarter preceding the submission of the list 1447
and a description of the means of resolution. The attorney general 1448
shall notify the auditor of state when a judgment is issued 1449
against an entity described in division (F)(1) of this section.1450

       (D) The auditor of state shall maintain a database, 1451
accessible to the public, listing persons against whom an 1452
unresolved finding for recovery has been issued, and the amount of 1453
the money identified in the unresolved finding for recovery. The 1454
auditor of state shall have this database operational on or before 1455
January 1, 2004. The initial database shall contain the 1456
information required under this division for calendar years 2001, 1457
2002, and 2003.1458

       Beginning January 15, 2004, the auditor of state shall update 1459
the database by the fifteenth day of every January, April, July, 1460
and October to reflect resolved findings for recovery that are 1461
reported to the auditor of state by the attorney general on the 1462
first day of the same month pursuant to division (C) of this 1463
section.1464

        (E) Before awarding a contract as described in division 1465
(G)(1) of this section for goods, services, or construction, paid 1466
for in whole or in part with state funds, a state agency or 1467
political subdivision shall verify that the person to whom the 1468
state agency or political subdivision plans to award the contract 1469
has no unresolved finding for recovery issued against the person. 1470
A state agency or political subdivision shall verify that the 1471
person does not appear in the database described in division (D) 1472
of this section or shall obtain other proof that the person has no 1473
unresolved finding for recovery issued against the person.1474

        (F) The prohibition of division (A) of this section and the 1475
requirement of division (E) of this section do not apply with 1476
respect to the companies, payments, or agreements described in 1477
divisions (F)(1) and (2) of this section, or in the circumstance 1478
described in division (F)(3) of this section.1479

       (1) A bonding company or a company authorized to transact the 1480
business of insurance in this state, a self-insurance pool, joint 1481
self-insurance pool, risk management program, or joint risk 1482
management program, unless a court has entered a final judgment 1483
against the company and the company has not yet satisfied the 1484
final judgment.1485

       (2) To medicaid provider agreements under Chapter 5111. of 1486
the Revised Code or payments or provider agreements under the 1487
children's buy-in program established under sections 5101.5211 to 1488
5101.5216 of the Revised Code.1489

       (3) When federal law dictates that a specified entity provide 1490
the goods, services, or construction for which a contract is being 1491
awarded, regardless of whether that entity would otherwise be 1492
prohibited from entering into the contract pursuant to this 1493
section.1494

       (G)(1) This section applies only to contracts for goods, 1495
services, or construction that satisfy the criteria in either 1496
division (G)(1)(a) or (b) of this section. This section may apply 1497
to contracts for goods, services, or construction that satisfy the 1498
criteria in division (G)(1)(c) of this section, provided that the 1499
contracts also satisfy the criteria in either division (G)(1)(a) 1500
or (b) of this section.1501

       (a) The cost for the goods, services, or construction 1502
provided under the contract is estimated to exceed twenty-five 1503
thousand dollars.1504

       (b) The aggregate cost for the goods, services, or 1505
construction provided under multiple contracts entered into by the 1506
particular state agency and a single person or the particular 1507
political subdivision and a single person within the fiscal year 1508
preceding the fiscal year within which a contract is being entered 1509
into by that same state agency and the same single person or the 1510
same political subdivision and the same single person, exceeded 1511
fifty thousand dollars.1512

       (c) The contract is a renewal of a contract previously 1513
entered into and renewed pursuant to that preceding contract.1514

       (2) This section does not apply to employment contracts.1515

       (H) As used in this section:1516

       (1) "State agency" has the same meaning as in section 9.66 of 1517
the Revised Code.1518

       (2) "Political subdivision" means a political subdivision as 1519
defined in section 9.82 of the Revised Code that has received more 1520
than fifty thousand dollars of state money in the current fiscal 1521
year or the preceding fiscal year.1522

       (3) "Finding for recovery" means a determination issued by 1523
the auditor of state, contained in a report the auditor of state 1524
gives to the attorney general pursuant to section 117.28 of the 1525
Revised Code, that public money has been illegally expended, 1526
public money has been collected but not been accounted for, public 1527
money is due but has not been collected, or public property has 1528
been converted or misappropriated.1529

        (4) "Debtor" means a person against whom a finding for 1530
recovery has been issued.1531

       (5) "Person" means the person named in the finding for 1532
recovery.1533

       (6) "State money" does not include funds the state receives 1534
from another source and passes through to a political subdivision.1535

       Sec. 9.33.  As used in sections 9.33 to 9.3339.335 of the 1536
Revised Code:1537

       (A) "Construction manager" means a person with substantial 1538
discretion and authority to plan, coordinate, manage, and direct 1539
all phases of a project for the construction, demolition, 1540
alteration, repair, or reconstruction of any public building, 1541
structure, or other improvement, but does not mean the person who 1542
provides the professional design services or who actually performs 1543
the construction, demolition, alteration, repair, or 1544
reconstruction work on the project.1545

       (B)(1) "Construction manager at risk" means a person with 1546
substantial discretion and authority to plan, coordinate, manage, 1547
direct, and construct all phases of a project for the 1548
construction, demolition, alteration, repair, or reconstruction of 1549
any public building, structure, or other improvement and who 1550
provides the public authority a guaranteed maximum price as 1551
determined in section 9.334 of the Revised Code. 1552

       (2) As used in division (B)(1) of this section:1553

       (a) "Construct" includes performing, or subcontracting for 1554
performing, construction, demolition, alteration, repair, or 1555
reconstruction.1556

       (b) "Manage" includes approving bidders and awarding 1557
subcontracts for furnishing materials regarding, or for 1558
performing, construction, demolition, alteration, repair, or 1559
reconstruction.1560

       (C) "Construction management contract" means a contract 1561
between a public authority and another person obligating the 1562
person to provide construction management services.1563

       (D) "Construction management services" or "management 1564
services" means the range of services that either a construction 1565
manager or a construction manager at risk may provide.1566

       (E) "Qualified" means having the following qualifications:1567

       (1) Competence to perform the required management services as 1568
indicated by the technical training, education, and experience of 1569
the construction manager's or construction manager at risk's1570
personnel, especially the technical training, education, and 1571
experience of the construction manager's or construction manager 1572
at risk's employees who would be assigned to perform the services;1573

       (2) Ability in terms of workload and the availability of 1574
qualified personnel, equipment, and facilities to perform the 1575
required management services competently and expeditiously;1576

       (3) Past performance as reflected by the evaluations of 1577
previous clients with respect to factors such as control of costs, 1578
quality of work, and meeting of deadlines;1579

       (4) Financial responsibility as evidenced by the capability 1580
to provide a letter of credit pursuant to Chapter 1305. of the 1581
Revised Code, a surety bond, certified check, or cashier's check 1582
in an amount equal to the value of the construction management 1583
contract, or by other means acceptable to the public owner1584
authority;1585

       (5) Other similar factors.1586

       (C)(F)(1) "Public ownerauthority" means the state, orany 1587
state institution of higher education as defined in section 1588
3345.011 of the Revised Code, any county, township, municipal 1589
corporation, school district, or other political subdivision, or 1590
any public agency, authority, board, commission, instrumentality,1591
or special purpose district of the state or of a political 1592
subdivision.1593

       (2) "Public authority" does not include the Ohio turnpike 1594
commission.1595

       (G) "Open book pricing method" means a method in which a 1596
construction manager at risk provides the public authority, at the 1597
public authority's request, all books, records, documents, and 1598
other data in its possession pertaining to the bidding, pricing, 1599
or performance of a construction management contract awarded to 1600
the construction manager at risk.1601

       Sec. 9.331.  (A) Before entering into a contract to employ a 1602
construction manager or construction manager at risk, a public 1603
ownerauthority shall advertise, in a newspaper of general 1604
circulation in the county where the contract is to be performed, 1605
and may advertise by electronic means pursuant to rules adopted by 1606
the director of administrative services, notice of its intent to 1607
employ a construction manager or construction manager at risk. The 1608
notice shall invite interested parties to submit proposals for 1609
consideration and shall be published at least thirty days prior to 1610
the date for accepting the proposals. The public ownerauthority1611
also may advertise the information contained in the notice in 1612
appropriate trade journals and otherwise notify persons believed 1613
to be interested in employment as a construction manager or 1614
construction manager at risk.1615

       (B) The advertisement shall include a general description of 1616
the project, a statement of the specific management services 1617
required, and a description of the qualifications required for the 1618
project.1619

       Sec. 9.332. For every construction management contract, the1620
Every public ownerauthority planning to contract for construction 1621
management services with a construction manager shall evaluate the 1622
proposals submitted and may hold discussions with individual 1623
construction managers to explore further their proposals, the 1624
scope and nature of the services they would provide, and the 1625
various technical approaches they may take regarding the project. 1626
Following this evaluation, the public ownerauthority shall:1627

       (A) Select and rank no fewer than three construction managers 1628
that it considers to be the most qualified to provide the required 1629
construction management services, except when the public owner1630
authority determines in writing that fewer than three qualified 1631
construction managers are available in which case it shall select 1632
and rank them;1633

       (B) Negotiate a contract with the construction manager ranked 1634
most qualified to perform the required services at a compensation 1635
determined in writing to be fair and reasonable. Contract 1636
negotiations shall be directed toward:1637

       (1) Ensuring that the construction manager and the public 1638
ownerauthority have a mutual understanding of the essential 1639
requirements involved in providing the required services;1640

       (2) Determining that the construction manager will make 1641
available the necessary personnel, equipment, and facilities to 1642
perform the services within the required time.1643

       (C) Upon failure to negotiate a contract with the 1644
construction manager ranked most qualified, the public owner1645
authority shall inform the construction manager in writing of the 1646
termination of negotiations and enter into negotiations with the 1647
construction manager ranked next most qualified. If negotiations 1648
again fail, the same procedure shallmay be followed with each 1649
next most qualified construction manager selected and ranked 1650
pursuant to division (A) of this section, in order of ranking, 1651
until a contract is negotiated.1652

       (D) If the public ownerauthority fails to negotiate a 1653
contract with any of the construction managers selected pursuant 1654
to division (A) of this section, the public owner shallauthority 1655
may select and rank additional construction managers, based on 1656
their qualifications, and negotiations shallmay continue as with 1657
the construction managers selected and ranked initially until a 1658
contract is negotiated.1659

       (E) Nothing in this section affects a public authority's 1660
right to accept or reject any or all proposals in whole or in 1661
part.1662

       Sec. 9.333. (A) No public ownerauthority shall enter into a 1663
construction management contract with a construction manager 1664
unless the construction manager provides a letter of credit 1665
pursuant to Chapter 1305. of the Revised Code, a surety bond 1666
pursuant to sections 153.54 and 153.57 of the Revised Code, a 1667
certified check or cashier's check in an amount equal to the value 1668
of the construction management contract for the project, or 1669
provides other reasonable financial assurance of a nature and in 1670
an amount satisfactory to the ownerpublic authority. The public 1671
ownerauthority may waive this requirement for good cause.1672

       (B) Before construction begins pursuant to a construction 1673
management contract with a construction manager at risk, the 1674
construction manager at risk shall provide a surety bond to the 1675
public authority in accordance with section 153.57 of the Revised 1676
Code in an amount not less than the combined contract values of 1677
any work under contract to be constructed pursuant to the 1678
construction management contract prior to the establishment of the 1679
guaranteed maximum price or in the amount of the guaranteed 1680
maximum price as agreed to by the public authority, as the case 1681
may be.1682

       Sec. 9.334.  (A) Every public authority planning to contract 1683
for construction management services with a construction manager 1684
at risk shall evaluate the proposals submitted and select not 1685
fewer than three construction managers at risk the public 1686
authority considers to be the most qualified to provide the 1687
required construction management services, except that the public 1688
authority shall select and rank fewer than three when the public 1689
authority determines in writing that fewer than three qualified 1690
construction managers at risk are available.1691

       (B) The public authority shall provide each construction 1692
manager at risk selected under division (A) of this section with a 1693
description of the project, including a statement of available 1694
design detail, a description of how the guaranteed maximum price 1695
for the project shall be determined, including the estimated level 1696
of design detail upon which the guaranteed maximum price shall be 1697
based, the form of the construction management contract, and a 1698
request for a pricing proposal. 1699

       (C) The pricing proposal of each construction manager at risk 1700
shall include at least the following regarding the construction 1701
manager at risk: 1702

       (1) A list of key personnel for the project; 1703

       (2) A statement of the general conditions and contingency 1704
requirements;1705

       (3) A fee proposal divided into a preconstruction fee, a 1706
construction fee, and the portion of the construction fee to be at 1707
risk in a guaranteed maximum price.1708

       (D) The public authority shall evaluate the submitted pricing 1709
proposals and may hold discussions with individual construction 1710
managers at risk to explore their proposals further, including the 1711
scope and nature of the proposed services and potential technical 1712
approaches. 1713

       (E) After evaluating the pricing proposals, the public 1714
authority shall rank the selected construction managers at risk 1715
based on its evaluation of the value of each pricing proposal, 1716
with such evaluation considering the proposed cost and 1717
qualifications.1718

       (F) The public authority shall enter into negotiations for a 1719
construction management contract with the construction manager at 1720
risk whose pricing proposal the public authority determines to be 1721
the best value under division (E) of this section. Contract 1722
negotiations shall be directed toward:1723

       (1) Ensuring that the construction manager at risk and the 1724
public authority mutually understand the essential requirements 1725
involved in providing the required construction management 1726
services, including the provisions for the use of contingency 1727
funds and the possible distribution of savings in the final costs 1728
of the project;1729

       (2) Ensuring that the construction manager at risk will be 1730
able to provide the necessary personnel, equipment, and facilities 1731
to perform the construction management services within the time 1732
required by the construction management contract;1733

       (3) Agreeing upon a procedure and schedule for determining a 1734
guaranteed maximum price using an open book pricing method that 1735
shall represent the total maximum amount to be paid by the public 1736
authority to the construction manager at risk for the project and 1737
that shall include the costs of all the work, the cost of its 1738
general conditions, the contingency, and the fee payable to the 1739
construction manager at risk.1740

       (G)(1) If the public authority fails to negotiate a 1741
construction management contract with the construction manager at 1742
risk whose pricing proposal the public authority determines to be 1743
the best value under division (E) of this section, the public 1744
authority shall inform the construction manager at risk, in 1745
writing, of the termination of negotiations. 1746

       (2) Upon terminating negotiations, the public authority may 1747
enter into negotiations as provided in this section with the 1748
construction manager at risk that the public authority ranked next 1749
highest under division (E) of this section. If negotiations fail, 1750
the public authority may enter into negotiations as provided in 1751
this section with the construction manager at risk the public 1752
authority ranked next highest under division (E) of this section.1753

       (3) If a public authority fails to negotiate a construction 1754
management contract with a construction manager at risk whose 1755
pricing proposal the public authority determines to be the best 1756
value under division (E) of this section, the public authority may 1757
select additional construction managers at risk to provide pricing 1758
proposals to the public authority pursuant to this section or may 1759
select an alternative delivery method for the project.1760

       (H) If the public authority and construction manager at risk 1761
fail to agree on a guaranteed maximum price, nothing in this 1762
section shall prohibit the public authority from allowing the 1763
construction manager at risk to provide the management services 1764
that a construction manager is authorized to provide.1765

       (I) Nothing in this section affects a public authority's 1766
right to accept or reject any or all proposals in whole or in 1767
part.1768

       Sec. 9.335.  The requirements set forth in sections 9.33 to 1769
9.334 of the Revised Code for the bidding, selection, and award of 1770
a construction management contract by a public authority prevail 1771
in the event of any conflict with a provision of Chapter 153. of 1772
the Revised Code.1773

       Sec. 9.482. (A) As used in this section, "political 1774
subdivision" has the meaning defined in section 2744.01 of the 1775
Revised Code.1776

       (B) When authorized by their respective legislative 1777
authorities, a political subdivision may enter into an agreement 1778
with another political subdivision whereby a contracting political 1779
subdivision agrees to exercise any power, perform any function, or 1780
render any service for another contracting recipient political 1781
subdivision that the contracting recipient political subdivision 1782
is otherwise legally authorized to exercise, perform, or render.1783

       In the absence in the agreement of provisions determining by 1784
what officer, office, department, agency, or other authority the 1785
powers and duties of a contracting political subdivision shall be 1786
exercised or performed, the legislative authority of the 1787
contracting political subdivision shall determine and assign the 1788
powers and duties.1789

        An agreement shall not suspend the possession by a 1790
contracting recipient political subdivision of any power or 1791
function that is exercised or performed on its behalf by another 1792
contracting political subdivision under the agreement.1793

       A political subdivision shall not enter into an agreement to 1794
levy any tax or to exercise, with regard to public moneys, any 1795
investment powers, perform any investment function, or render any 1796
investment service on behalf of a contracting subdivision.1797

       (C) No power shall be exercised, no function shall be 1798
performed, and no service shall be rendered by a contracting 1799
political subdivision pursuant to an agreement entered into under 1800
this section within a political subdivision that is not a party to 1801
the agreement, without first obtaining the written consent of the 1802
political subdivision that is not a party to the agreement and 1803
within which the power is to be exercised, a function is to be 1804
performed, or a service is to be rendered.1805

       (D) Chapter 2744. of the Revised Code, insofar as it applies 1806
to the operation of a political subdivision, applies to the 1807
political subdivisions that are parties to an agreement and to 1808
their employees when they are rendering a service outside the 1809
boundaries of their employing political subdivision under the 1810
agreement. Employees acting outside the boundaries of their 1811
employing political subdivision while providing a service under an 1812
agreement may participate in any pension or indemnity fund 1813
established by the political subdivision to the same extent as 1814
while they are acting within the boundaries of the political 1815
subdivision, and are entitled to all the rights and benefits of 1816
Chapter 4123. of the Revised Code to the same extent as while they 1817
are performing a service within the boundaries of the political 1818
subdivision.1819

       Sec. 9.90.  (A) The governing board of any public institution 1820
of higher education, including without limitation state 1821
universities and colleges, community college districts, university 1822
branch districts, technical college districts, and municipal 1823
universities, may, in addition to all other powers provided in the 1824
Revised Code:1825

       (1) Contract for, purchase, or otherwise procure from an 1826
insurer or insurers licensed to do business by the state of Ohio 1827
for or on behalf of such of its employees as it may determine, 1828
life insurance, or sickness, accident, annuity, endowment, health, 1829
medical, hospital, dental, or surgical coverage and benefits, or 1830
any combination thereof, by means of insurance plans or other 1831
types of coverage, family, group or otherwise, and may pay from 1832
funds under its control and available for such purpose all or any 1833
portion of the cost, premium, or charge for such insurance, 1834
coverage, or benefits. However, the governing board, in addition 1835
to or as an alternative to the authority otherwise granted by 1836
division (A)(1) of this section, may elect to procure coverage for 1837
health care services, for or on behalf of such of its employees as 1838
it may determine, by means of policies, contracts, certificates, 1839
or agreements issued by at least two health insuring corporations 1840
holding a certificate of authority under Chapter 1751. of the 1841
Revised Code and may pay from funds under the governing board's 1842
control and available for such purpose all or any portion of the 1843
cost of such coverage.1844

       (2) Make payments to a custodial account for investment in 1845
regulated investment company stock for the purpose of providing 1846
retirement benefits as described in section 403(b)(7) of the 1847
Internal Revenue Code of 1954, as amended. Such stock shall be 1848
purchased only from persons authorized to sell such stock in this 1849
state.1850

       Any income of an employee deferred under divisions (A)(1) and 1851
(2) of this section in a deferred compensation program eligible 1852
for favorable tax treatment under the Internal Revenue Code of 1853
1954, as amended, shall continue to be included as regular 1854
compensation for the purpose of computing the contributions to and 1855
benefits from the retirement system of such employee. Any sum so 1856
deferred shall not be included in the computation of any federal 1857
and state income taxes withheld on behalf of any such employee.1858

       (B) All or any portion of the cost, premium, or charge 1859
therefor may be paid in such other manner or combination of 1860
manners as the governing board may determine, including direct 1861
payment by the employee in cases under division (A)(1) of this 1862
section, and, if authorized in writing by the employee in cases 1863
under division (A)(1) or (2) of this section, by such governing 1864
board with moneys made available by deduction from or reduction in 1865
salary or wages or by the foregoing of a salary or wage increase. 1866
Nothing in section 3917.01 or section 3917.06 of the Revised Code 1867
shall prohibit the issuance or purchase of group life insurance 1868
authorized by this section by reason of payment of premiums 1869
therefor by the governing board from its funds, and such group 1870
life insurance may be so issued and purchased if otherwise 1871
consistent with the provisions of sections 3917.01 to 3917.07 of 1872
the Revised Code.1873

       (C) The board of education of any school district may 1874
exercise any of the powers granted to the governing boards of 1875
public institutions of higher education under divisions (A) and 1876
(B) of this section, except in relation to the provision of health 1877
care benefits to employees. All health care benefits provided to 1878
persons employed by the public schools of this state shall be 1879
health care plans that contain best practices established by the 1880
school employees health care board pursuant to section 9.901 of 1881
the Revised Code.1882

       Sec. 101.15.  (A) As used in this section:1883

       (1) "Caucus" means all of the members of either house of the 1884
general assembly who are members of a committee and members of the 1885
same political party.1886

       (2) "Committee" means any committee of either house of the 1887
general assembly, a joint committee of both houses of the general 1888
assembly, including a committee of conference, or a subcommittee 1889
of any committee listed in division (A)(2) of this section.1890

       (3) "Meeting" means any prearranged discussion of the public 1891
business of a committee by a majority of its members.1892

       (B)(1) Except as otherwise provided in divisiondivisions 1893
(B)(2) and (F) of this section, all meetings of any committee are 1894
declared to be public meetings open to the public at all times. 1895
The secretary assigned to the chairperson of the committee shall 1896
prepare, file, and maintain the minutes of every regular or 1897
special meeting of a committee. The committee, at its next regular 1898
or special meeting, shall approve the minutes prepared, filed, and 1899
maintained by the secretary, or, if the minutes prepared, filed, 1900
and maintained by the secretary require correction before their 1901
approval, the committee shall correct and approve the minutes at 1902
the next following regular or special meeting. The committee shall 1903
make the minutes available for public inspection not later than 1904
seven days after the meeting the minutes reflect or not later than 1905
the committee's next regular or special meeting, whichever occurs 1906
first.1907

       (2) Upon motion, the chairperson of a committee shall recess 1908
a meeting of the committee to enable the members of the committee 1909
who are members of the same political party to hold a caucus 1910
meeting to discuss matters that have been referred to or are under 1911
consideration by the committee. Unless the caucus determines 1912
otherwise, a caucus meeting is neither a public meeting nor open 1913
to the public at any time. During a recess for the purpose of a 1914
caucus meeting, it is not in order for the committee to take up or 1915
dispose of any matter that has been referred to or is under 1916
consideration by the committee.1917

       (C) Each committee shall establish a reasonable method 1918
whereby any person may determine the time and place of all 1919
regularly scheduled meetings and the time, place, and purpose of 1920
all special meetings. No committee shall hold a regular or special 1921
meeting unless it gives at least twenty-four hours' advance notice 1922
to the news media that have requested notification.1923

       The method established by each committee shall provide that, 1924
upon request and payment of a reasonable fee, any person may 1925
obtain reasonable advance notification of all meetings at which 1926
any specific type of public business will be discussed. Provisions 1927
for advance notification may include, but are not limited to, 1928
mailing the agenda of meetings to all subscribers on a mailing 1929
list or mailing notices in self-addressed stamped envelopes 1930
provided by the person who desires advance notification.1931

       (D) Any action of a committee relating to a bill or 1932
resolution, or any other formal action of a committee, is invalid 1933
unless taken in an open meeting of the committee. Any action of a 1934
committee relating to a bill or resolution, or any other formal 1935
action of a committee, taken in an open meeting is invalid if it 1936
results from deliberations in a meeting not open to the public.1937

       (E)(1) Any person may bring an action to enforce this 1938
section. An action under this division shall be brought within two 1939
years after the date of the alleged violation or threatened 1940
violation. Upon proof of a violation or threatened violation of 1941
this section in an action brought by any person, the court of 1942
common pleas shall issue an injunction to compel the members of 1943
the committee to comply with its provisions.1944

       (2)(a) If the court of common pleas issues an injunction 1945
under division (E)(1) of this section, the court shall order the 1946
committee that it enjoins to pay a civil forfeiture of five 1947
hundred dollars to the party that sought the injunction and shall 1948
award to that party all court costs and, subject to reduction as 1949
described in this division, reasonable attorney's fees. The court, 1950
in its discretion, may reduce an award of attorney's fees to the 1951
party that sought the injunction or not award attorney's fees to 1952
that party if the court determines both of the following:1953

       (i) That, based on the ordinary application of statutory law 1954
and case law as it existed at the time of the violation or 1955
threatened violation that was the basis of the injunction, a 1956
well-informed committee reasonably would believe that the 1957
committee was not violating or threatening to violate this 1958
section;1959

       (ii) That a well-informed committee reasonably would believe 1960
that the conduct or threatened conduct that was the basis of the 1961
injunction would serve the public policy that underlies the 1962
authority that is asserted as permitting that conduct or 1963
threatened conduct.1964

       (b) If the court of common pleas does not issue an injunction 1965
under division (E)(1) of this section and the court determines at 1966
that time that the bringing of the action was frivolous conduct as 1967
defined in division (A) of section 2323.51 of the Revised Code, 1968
the court shall award to the committee all court costs and 1969
reasonable attorney's fees, as determined by the court.1970

       (3) Irreparable harm and prejudice to the party that sought 1971
the injunction shall be conclusively and irrebuttably presumed 1972
upon proof of a violation or threatened violation of this section.1973

       (4) A member of a committee who knowingly violates an 1974
injunction issued under division (E)(1) of this section may be 1975
removed from office by an action brought in the court of common 1976
pleas for that purpose by the prosecuting attorney of Franklin 1977
county or by the attorney general.1978

       (5) The remedies described in divisions (E)(1) to (4) of this 1979
section shall be the exclusive remedies for a violation of this 1980
section.1981

       (F) This section does not apply to or affect either of the 1982
following:1983

       (1) All meetings of the joint legislative ethics committee 1984
created under section 101.34 of the Revised Code other than a 1985
meeting that is held for any of the following purposes:1986

       (a) To consider the adoption, amendment, or recission of any 1987
rule that the joint legislative ethics committee is authorized to 1988
adopt pursuant to division (B)(11) of section 101.34, division (E) 1989
of section 101.78, division (B) of section 102.02, or division (E) 1990
of section 121.68 of the Revised Code;1991

       (b) To discuss and consider changes to any administrative 1992
operation of the joint legislative ethics committee other than any 1993
matter described in division (G) of section 121.22 of the Revised 1994
Code;1995

       (c) To discuss pending or proposed legislation.1996

       (2) Meetings of a caucus, except as provided in division 1997
(B)(2) of this section.1998

       (G) For purposes of division (F)(1)(a) of this section, an 1999
advisory opinion, written opinion, or decision relative to a 2000
complaint is not a rule.2001

       Sec. 102.02.  (A) Except as otherwise provided in division 2002
(H) of this section, all of the following shall file with the 2003
appropriate ethics commission the disclosure statement described 2004
in this division on a form prescribed by the appropriate 2005
commission: every person who is elected to or is a candidate for a 2006
state, county, or city office and every person who is appointed to 2007
fill a vacancy for an unexpired term in such an elective office; 2008
all members of the state board of education; the director, 2009
assistant directors, deputy directors, division chiefs, or persons 2010
of equivalent rank of any administrative department of the state; 2011
the president or other chief administrative officer of every state 2012
institution of higher education as defined in section 3345.011 of 2013
the Revised Code; the executive director and the members of the 2014
capitol square review and advisory board appointed or employed 2015
pursuant to section 105.41 of the Revised Code; all members of the 2016
Ohio casino control commission, the executive director of the 2017
commission, all professional employees of the commission, and all 2018
technical employees of the commission who perform an internal 2019
audit function; the individuals set forth in division (B)(2) of 2020
section 187.03 of the Revised Code; the chief executive officer 2021
and the members of the board of each state retirement system; each 2022
employee of a state retirement board who is a state retirement 2023
system investment officer licensed pursuant to section 1707.163 of 2024
the Revised Code; the members of the Ohio retirement study council 2025
appointed pursuant to division (C) of section 171.01 of the 2026
Revised Code; employees of the Ohio retirement study council, 2027
other than employees who perform purely administrative or clerical 2028
functions; the administrator of workers' compensation and each 2029
member of the bureau of workers' compensation board of directors; 2030
the bureau of workers' compensation director of investments; the 2031
chief investment officer of the bureau of workers' compensation; 2032
the director appointed by the workers' compensation council; all 2033
members of the board of commissioners on grievances and discipline 2034
of the supreme court and the ethics commission created under 2035
section 102.05 of the Revised Code; every business manager, 2036
treasurer, or superintendent of a city, local, exempted village, 2037
joint vocational, or cooperative education school district or an 2038
educational service center; every person who is elected to or is a 2039
candidate for the office of member of a board of education of a 2040
city, local, exempted village, joint vocational, or cooperative 2041
education school district or of a governing board of an 2042
educational service center that has a total student count of 2043
twelve thousand or more as most recently determined by the 2044
department of education pursuant to section 3317.03 of the Revised 2045
Code; every person who is appointed to the board of education of a 2046
municipal school district pursuant to division (B) or (F) of 2047
section 3311.71 of the Revised Code; all members of the board of 2048
directors of a sanitary district that is established under Chapter 2049
6115. of the Revised Code and organized wholly for the purpose of 2050
providing a water supply for domestic, municipal, and public use, 2051
and that includes two municipal corporations in two counties; 2052
every public official or employee who is paid a salary or wage in 2053
accordance with schedule C of section 124.15 or schedule E-2 of 2054
section 124.152 of the Revised Code; members of the board of 2055
trustees and the executive director of the southern Ohio 2056
agricultural and community development foundation; all members 2057
appointed to the Ohio livestock care standards board under section 2058
904.02 of the Revised Code; and every other public official or 2059
employee who is designated by the appropriate ethics commission 2060
pursuant to division (B) of this section.2061

       The disclosure statement shall include all of the following:2062

       (1) The name of the person filing the statement and each 2063
member of the person's immediate family and all names under which 2064
the person or members of the person's immediate family do 2065
business;2066

       (2)(a) Subject to divisions (A)(2)(b) and (c) of this section 2067
and except as otherwise provided in section 102.022 of the Revised 2068
Code, identification of every source of income, other than income 2069
from a legislative agent identified in division (A)(2)(b) of this 2070
section, received during the preceding calendar year, in the 2071
person's own name or by any other person for the person's use or 2072
benefit, by the person filing the statement, and a brief 2073
description of the nature of the services for which the income was 2074
received. If the person filing the statement is a member of the 2075
general assembly, the statement shall identify the amount of every 2076
source of income received in accordance with the following ranges 2077
of amounts: zero or more, but less than one thousand dollars; one 2078
thousand dollars or more, but less than ten thousand dollars; ten 2079
thousand dollars or more, but less than twenty-five thousand 2080
dollars; twenty-five thousand dollars or more, but less than fifty 2081
thousand dollars; fifty thousand dollars or more, but less than 2082
one hundred thousand dollars; and one hundred thousand dollars or 2083
more. Division (A)(2)(a) of this section shall not be construed to 2084
require a person filing the statement who derives income from a 2085
business or profession to disclose the individual items of income 2086
that constitute the gross income of that business or profession, 2087
except for those individual items of income that are attributable 2088
to the person's or, if the income is shared with the person, the 2089
partner's, solicitation of services or goods or performance, 2090
arrangement, or facilitation of services or provision of goods on 2091
behalf of the business or profession of clients, including 2092
corporate clients, who are legislative agents. A person who files 2093
the statement under this section shall disclose the identity of 2094
and the amount of income received from a person who the public 2095
official or employee knows or has reason to know is doing or 2096
seeking to do business of any kind with the public official's or 2097
employee's agency.2098

       (b) If the person filing the statement is a member of the 2099
general assembly, the statement shall identify every source of 2100
income and the amount of that income that was received from a 2101
legislative agent during the preceding calendar year, in the 2102
person's own name or by any other person for the person's use or 2103
benefit, by the person filing the statement, and a brief 2104
description of the nature of the services for which the income was 2105
received. Division (A)(2)(b) of this section requires the 2106
disclosure of clients of attorneys or persons licensed under 2107
section 4732.12 of the Revised Code, or patients of persons 2108
certified under section 4731.14 of the Revised Code, if those 2109
clients or patients are legislative agents. Division (A)(2)(b) of 2110
this section requires a person filing the statement who derives 2111
income from a business or profession to disclose those individual 2112
items of income that constitute the gross income of that business 2113
or profession that are received from legislative agents.2114

       (c) Except as otherwise provided in division (A)(2)(c) of 2115
this section, division (A)(2)(a) of this section applies to 2116
attorneys, physicians, and other persons who engage in the 2117
practice of a profession and who, pursuant to a section of the 2118
Revised Code, the common law of this state, a code of ethics 2119
applicable to the profession, or otherwise, generally are required 2120
not to reveal, disclose, or use confidences of clients, patients, 2121
or other recipients of professional services except under 2122
specified circumstances or generally are required to maintain 2123
those types of confidences as privileged communications except 2124
under specified circumstances. Division (A)(2)(a) of this section 2125
does not require an attorney, physician, or other professional 2126
subject to a confidentiality requirement as described in division 2127
(A)(2)(c) of this section to disclose the name, other identity, or 2128
address of a client, patient, or other recipient of professional 2129
services if the disclosure would threaten the client, patient, or 2130
other recipient of professional services, would reveal details of 2131
the subject matter for which legal, medical, or professional 2132
advice or other services were sought, or would reveal an otherwise 2133
privileged communication involving the client, patient, or other 2134
recipient of professional services. Division (A)(2)(a) of this 2135
section does not require an attorney, physician, or other 2136
professional subject to a confidentiality requirement as described 2137
in division (A)(2)(c) of this section to disclose in the brief 2138
description of the nature of services required by division 2139
(A)(2)(a) of this section any information pertaining to specific 2140
professional services rendered for a client, patient, or other 2141
recipient of professional services that would reveal details of 2142
the subject matter for which legal, medical, or professional 2143
advice was sought or would reveal an otherwise privileged 2144
communication involving the client, patient, or other recipient of 2145
professional services.2146

       (3) The name of every corporation on file with the secretary 2147
of state that is incorporated in this state or holds a certificate 2148
of compliance authorizing it to do business in this state, trust, 2149
business trust, partnership, or association that transacts 2150
business in this state in which the person filing the statement or 2151
any other person for the person's use and benefit had during the 2152
preceding calendar year an investment of over one thousand dollars 2153
at fair market value as of the thirty-first day of December of the 2154
preceding calendar year, or the date of disposition, whichever is 2155
earlier, or in which the person holds any office or has a 2156
fiduciary relationship, and a description of the nature of the 2157
investment, office, or relationship. Division (A)(3) of this 2158
section does not require disclosure of the name of any bank, 2159
savings and loan association, credit union, or building and loan 2160
association with which the person filing the statement has a 2161
deposit or a withdrawable share account.2162

       (4) All fee simple and leasehold interests to which the 2163
person filing the statement holds legal title to or a beneficial 2164
interest in real property located within the state, excluding the 2165
person's residence and property used primarily for personal 2166
recreation;2167

       (5) The names of all persons residing or transacting business 2168
in the state to whom the person filing the statement owes, in the 2169
person's own name or in the name of any other person, more than 2170
one thousand dollars. Division (A)(5) of this section shall not be 2171
construed to require the disclosure of debts owed by the person 2172
resulting from the ordinary conduct of a business or profession or 2173
debts on the person's residence or real property used primarily 2174
for personal recreation, except that the superintendent of 2175
financial institutions shall disclose the names of all 2176
state-chartered savings and loan associations and of all service 2177
corporations subject to regulation under division (E)(2) of 2178
section 1151.34 of the Revised Code to whom the superintendent in 2179
the superintendent's own name or in the name of any other person 2180
owes any money, and that the superintendent and any deputy 2181
superintendent of banks shall disclose the names of all 2182
state-chartered banks and all bank subsidiary corporations subject 2183
to regulation under section 1109.44 of the Revised Code to whom 2184
the superintendent or deputy superintendent owes any money.2185

       (6) The names of all persons residing or transacting business 2186
in the state, other than a depository excluded under division 2187
(A)(3) of this section, who owe more than one thousand dollars to 2188
the person filing the statement, either in the person's own name 2189
or to any person for the person's use or benefit. Division (A)(6) 2190
of this section shall not be construed to require the disclosure 2191
of clients of attorneys or persons licensed under section 4732.12 2192
or 4732.15 of the Revised Code, or patients of persons certified 2193
under section 4731.14 of the Revised Code, nor the disclosure of 2194
debts owed to the person resulting from the ordinary conduct of a 2195
business or profession.2196

       (7) Except as otherwise provided in section 102.022 of the 2197
Revised Code, the source of each gift of over seventy-five 2198
dollars, or of each gift of over twenty-five dollars received by a 2199
member of the general assembly from a legislative agent, received 2200
by the person in the person's own name or by any other person for 2201
the person's use or benefit during the preceding calendar year, 2202
except gifts received by will or by virtue of section 2105.06 of 2203
the Revised Code, or received from spouses, parents, grandparents, 2204
children, grandchildren, siblings, nephews, nieces, uncles, aunts, 2205
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, 2206
fathers-in-law, mothers-in-law, or any person to whom the person 2207
filing the statement stands in loco parentis, or received by way 2208
of distribution from any inter vivos or testamentary trust 2209
established by a spouse or by an ancestor;2210

       (8) Except as otherwise provided in section 102.022 of the 2211
Revised Code, identification of the source and amount of every 2212
payment of expenses incurred for travel to destinations inside or 2213
outside this state that is received by the person in the person's 2214
own name or by any other person for the person's use or benefit 2215
and that is incurred in connection with the person's official 2216
duties, except for expenses for travel to meetings or conventions 2217
of a national or state organization to which any state agency, 2218
including, but not limited to, any legislative agency or state 2219
institution of higher education as defined in section 3345.011 of 2220
the Revised Code, pays membership dues, or any political 2221
subdivision or any office or agency of a political subdivision 2222
pays membership dues;2223

       (9) Except as otherwise provided in section 102.022 of the 2224
Revised Code, identification of the source of payment of expenses 2225
for meals and other food and beverages, other than for meals and 2226
other food and beverages provided at a meeting at which the person 2227
participated in a panel, seminar, or speaking engagement or at a 2228
meeting or convention of a national or state organization to which 2229
any state agency, including, but not limited to, any legislative 2230
agency or state institution of higher education as defined in 2231
section 3345.011 of the Revised Code, pays membership dues, or any 2232
political subdivision or any office or agency of a political 2233
subdivision pays membership dues, that are incurred in connection 2234
with the person's official duties and that exceed one hundred 2235
dollars aggregated per calendar year;2236

       (10) If the disclosure statement is filed by a public 2237
official or employee described in division (B)(2) of section 2238
101.73 of the Revised Code or division (B)(2) of section 121.63 of 2239
the Revised Code who receives a statement from a legislative 2240
agent, executive agency lobbyist, or employer that contains the 2241
information described in division (F)(2) of section 101.73 of the 2242
Revised Code or division (G)(2) of section 121.63 of the Revised 2243
Code, all of the nondisputed information contained in the 2244
statement delivered to that public official or employee by the 2245
legislative agent, executive agency lobbyist, or employer under 2246
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of 2247
the Revised Code.2248

       A person may file a statement required by this section in 2249
person or by mail. A person who is a candidate for elective office 2250
shall file the statement no later than the thirtieth day before 2251
the primary, special, or general election at which the candidacy 2252
is to be voted on, whichever election occurs soonest, except that 2253
a person who is a write-in candidate shall file the statement no 2254
later than the twentieth day before the earliest election at which 2255
the person's candidacy is to be voted on. A person who holds 2256
elective office shall file the statement on or before the 2257
fifteenth day of April of each year unless the person is a 2258
candidate for office. A person who is appointed to fill a vacancy 2259
for an unexpired term in an elective office shall file the 2260
statement within fifteen days after the person qualifies for 2261
office. Other persons shall file an annual statement on or before 2262
the fifteenth day of April or, if appointed or employed after that 2263
date, within ninety days after appointment or employment. No 2264
person shall be required to file with the appropriate ethics 2265
commission more than one statement or pay more than one filing fee 2266
for any one calendar year.2267

       The appropriate ethics commission, for good cause, may extend 2268
for a reasonable time the deadline for filing a statement under 2269
this section.2270

       A statement filed under this section is subject to public 2271
inspection at locations designated by the appropriate ethics 2272
commission except as otherwise provided in this section.2273

       (B) The Ohio ethics commission, the joint legislative ethics 2274
committee, and the board of commissioners on grievances and 2275
discipline of the supreme court, using the rule-making procedures 2276
of Chapter 119. of the Revised Code, may require any class of 2277
public officials or employees under its jurisdiction and not 2278
specifically excluded by this section whose positions involve a 2279
substantial and material exercise of administrative discretion in 2280
the formulation of public policy, expenditure of public funds, 2281
enforcement of laws and rules of the state or a county or city, or 2282
the execution of other public trusts, to file an annual statement 2283
on or before the fifteenth day of April under division (A) of this 2284
section. The appropriate ethics commission shall send the public 2285
officials or employees written notice of the requirement by the 2286
fifteenth day of February of each year the filing is required 2287
unless the public official or employee is appointed after that 2288
date, in which case the notice shall be sent within thirty days 2289
after appointment, and the filing shall be made not later than 2290
ninety days after appointment.2291

       Except for disclosure statements filed by members of the 2292
board of trustees and the executive director of the southern Ohio 2293
agricultural and community development foundation, disclosure 2294
statements filed under this division with the Ohio ethics 2295
commission by members of boards, commissions, or bureaus of the 2296
state for which no compensation is received other than reasonable 2297
and necessary expenses shall be kept confidential. Disclosure 2298
statements filed with the Ohio ethics commission under division 2299
(A) of this section by business managers, treasurers, and 2300
superintendents of city, local, exempted village, joint 2301
vocational, or cooperative education school districts or 2302
educational service centers shall be kept confidential, except 2303
that any person conducting an audit of any such school district or 2304
educational service center pursuant to section 115.56 or Chapter 2305
117. of the Revised Code may examine the disclosure statement of 2306
any business manager, treasurer, or superintendent of that school 2307
district or educational service center. Disclosure statements 2308
filed with the Ohio ethics commission under division (A) of this 2309
section by the individuals set forth in division (B)(2) of section 2310
187.03 of the Revised Code shall be kept confidential. The Ohio 2311
ethics commission shall examine each disclosure statement required 2312
to be kept confidential to determine whether a potential conflict 2313
of interest exists for the person who filed the disclosure 2314
statement. A potential conflict of interest exists if the private 2315
interests of the person, as indicated by the person's disclosure 2316
statement, might interfere with the public interests the person is 2317
required to serve in the exercise of the person's authority and 2318
duties in the person's office or position of employment. If the 2319
commission determines that a potential conflict of interest 2320
exists, it shall notify the person who filed the disclosure 2321
statement and shall make the portions of the disclosure statement 2322
that indicate a potential conflict of interest subject to public 2323
inspection in the same manner as is provided for other disclosure 2324
statements. Any portion of the disclosure statement that the 2325
commission determines does not indicate a potential conflict of 2326
interest shall be kept confidential by the commission and shall 2327
not be made subject to public inspection, except as is necessary 2328
for the enforcement of Chapters 102. and 2921. of the Revised Code 2329
and except as otherwise provided in this division.2330

       (C) No person shall knowingly fail to file, on or before the 2331
applicable filing deadline established under this section, a 2332
statement that is required by this section.2333

       (D) No person shall knowingly file a false statement that is 2334
required to be filed under this section.2335

       (E)(1) Except as provided in divisions (E)(2) and (3) of this 2336
section, beginning with statements for calendar year 2011, the 2337
statement required by division (A) or (B) of this section shall be 2338
accompanied by a filing fee of fortysixty dollars.2339

       (2) TheBeginning with statements for calendar year 2011, the2340
statement required by division (A) of this section shall be 2341
accompanied by the following filing fee to be paid by the person 2342
who is elected or appointed to, or is a candidate for, any of the 2343
following offices:2344

For state office, except member of the 2345
state board of education $65 95 2346
For office of member of general assembly $40 2347
For county office $40 60 2348
For city office $25 35 2349
For office of member of the state board 2350
of education $25 35 2351
For office of member of the Ohio 2352
livestock care standards board $25 2353
For office of member of a city, local, 2354
exempted village, or cooperative 2355
education board of 2356
education or educational service 2357
center governing board $20 30 2358
For position of business manager, 2359
treasurer, or superintendent of a 2360
city, local, exempted village, joint 2361
vocational, or cooperative education 2362
school district or 2363
educational service center $20 30 2364

       (3) No judge of a court of record or candidate for judge of a 2365
court of record, and no referee or magistrate serving a court of 2366
record, shall be required to pay the fee required under division 2367
(E)(1) or (2) or (F) of this section.2368

       (4) For any public official who is appointed to a nonelective 2369
office of the state and for any employee who holds a nonelective 2370
position in a public agency of the state, the state agency that is 2371
the primary employer of the state official or employee shall pay 2372
the fee required under division (E)(1) or (F) of this section.2373

       (F) IfBeginning with statements for calendar year 2011, if a 2374
statement required to be filed under this section is not filed by 2375
the date on which it is required to be filed, the appropriate 2376
ethics commission shall assess the person required to file the 2377
statement a late filing fee of tentwenty dollars for each day the 2378
statement is not filed, except that the total amount of the late 2379
filing fee shall not exceed twofive hundred fifty dollars.2380

       (G)(1) The appropriate ethics commission other than the Ohio 2381
ethics commission and the joint legislative ethics committee shall 2382
deposit all fees it receives under divisions (E) and (F) of this 2383
section into the general revenue fund of the state.2384

       (2) The Ohio ethics commission shall deposit all receipts, 2385
including, but not limited to, fees it receives under divisions 2386
(E) and (F) of this section, investigative or other fees, costs, 2387
or other funds it receives as a result of court orders, and all 2388
moneys it receives from settlements under division (G) of section 2389
102.06 of the Revised Code, into the Ohio ethics commission fund, 2390
which is hereby created in the state treasury. All moneys credited 2391
to the fund shall be used solely for expenses related to the 2392
operation and statutory functions of the commission.2393

       (3) The joint legislative ethics committee shall deposit all 2394
receipts it receives from the payment of financial disclosure 2395
statement filing fees under divisions (E) and (F) of this section 2396
into the joint legislative ethics committee investigative fund.2397

       (H) Division (A) of this section does not apply to a person 2398
elected or appointed to the office of precinct, ward, or district 2399
committee member under Chapter 3517. of the Revised Code; a 2400
presidential elector; a delegate to a national convention; village 2401
or township officials and employees; any physician or psychiatrist 2402
who is paid a salary or wage in accordance with schedule C of 2403
section 124.15 or schedule E-2 of section 124.152 of the Revised 2404
Code and whose primary duties do not require the exercise of 2405
administrative discretion; or any member of a board, commission, 2406
or bureau of any county or city who receives less than one 2407
thousand dollars per year for serving in that position.2408

       Sec. 105.41.  (A) There is hereby created in the legislative 2409
branch of government the capitol square review and advisory board, 2410
consisting of thirteen members as follows:2411

       (1) Two members of the senate, appointed by the president of 2412
the senate, both of whom shall not be members of the same 2413
political party;2414

       (2) Two members of the house of representatives, appointed by 2415
the speaker of the house of representatives, both of whom shall 2416
not be members of the same political party;2417

       (3) Five members appointed by the governor, with the advice 2418
and consent of the senate, not more than three of whom shall be 2419
members of the same political party, one of whom shall be the 2420
chief of staff of the governor's office, one of whom shall 2421
represent the Ohio arts council, one of whom shall represent the 2422
Ohio historical society, one of whom shall represent the Ohio 2423
building authority, and one of whom shall represent the public at 2424
large;2425

       (4) One member, who shall be a former president of the 2426
senate, appointed by the current president of the senate. If the 2427
current president of the senate, in the current president's 2428
discretion, decides for any reason not to make the appointment or 2429
if no person is eligible or available to serve, the seat shall 2430
remain vacant.2431

       (5) One member, who shall be a former speaker of the house of 2432
representatives, appointed by the current speaker of the house of 2433
representatives. If the current speaker of the house of 2434
representatives, in the current speaker's discretion, decides for 2435
any reason not to make the appointment or if no person is eligible 2436
or available to serve, the seat shall remain vacant.2437

       (6) The clerk of the senate and the clerk of the house of 2438
representatives.2439

       (B) Terms of office of each appointed member of the board 2440
shall be for three years, except that members of the general 2441
assembly appointed to the board shall be members of the board only 2442
so long as they are members of the general assembly and the chief 2443
of staff of the governor's office shall be a member of the board 2444
only so long as the appointing governor remains in office. Each 2445
member shall hold office from the date of the member's appointment 2446
until the end of the term for which the member was appointed. In 2447
case of a vacancy occurring on the board, the president of the 2448
senate, the speaker of the house of representatives, or the 2449
governor, as the case may be, shall in the same manner prescribed 2450
for the regular appointment to the commission, fill the vacancy by 2451
appointing a member. Any member appointed to fill a vacancy 2452
occurring prior to the expiration of the term for which the 2453
member's predecessor was appointed shall hold office for the 2454
remainder of the term. Any appointed member shall continue in 2455
office subsequent to the expiration date of the member's term 2456
until the member's successor takes office, or until a period of 2457
sixty days has elapsed, whichever occurs first.2458

       (C) The board shall hold meetings in a manner and at times 2459
prescribed by the rules adopted by the board. A majority of the 2460
board constitutes a quorum, and no action shall be taken by the 2461
board unless approved by at least six members or by at least seven 2462
members if a person is appointed under division (A)(4) or (5) of 2463
this section. At its first meeting, the board shall adopt rules 2464
for the conduct of its business and the election of its officers, 2465
and shall organize by selecting a chairperson and other officers 2466
as it considers necessary. Board members shall serve without 2467
compensation but shall be reimbursed for actual and necessary 2468
expenses incurred in the performance of their duties.2469

       (D) The board may do any of the following:2470

       (1) Employ or hire on a consulting basis professional, 2471
technical, and clerical employees as are necessary for the 2472
performance of its duties;2473

       (2) Hold public hearings at times and places as determined by 2474
the board;2475

       (3) Adopt, amend, or rescind rules necessary to accomplish 2476
the duties of the board as set forth in this section;2477

       (4) Sponsor, conduct, and support such social events as the 2478
board may authorize and consider appropriate for the employees of 2479
the board, employees and members of the general assembly, 2480
employees of persons under contract with the board or otherwise 2481
engaged to perform services on the premises of capitol square, or 2482
other persons as the board may consider appropriate. Subject to 2483
the requirements of Chapter 4303. of the Revised Code, the board 2484
may provide beer, wine, and intoxicating liquor, with or without 2485
charge, for those events and may use funds only from the sale of 2486
goods and services fund to purchase the beer, wine, and 2487
intoxicating liquor the board provides;2488

       (5) Purchase a warehouse in which to store items of the 2489
capitol collection trust and, whenever necessary, equipment or 2490
other property of the board.2491

       (E) The board shall do all of the following:2492

       (1) Have sole authority to coordinate and approve any 2493
improvements, additions, and renovations that are made to the 2494
capitol square. The improvements shall include, but not be limited 2495
to, the placement of monuments and sculpture on the capitol 2496
grounds.2497

       (2) Subject to section 3353.07 of the Revised Code, operate 2498
the capitol square, and have sole authority to regulate all uses 2499
of the capitol square. The uses shall include, but not be limited 2500
to, the casual and recreational use of the capitol square.2501

       (3) Employ, fix the compensation of, and prescribe the duties 2502
of the executive director of the board and other employees the 2503
board considers necessary for the performance of its powers and 2504
duties;2505

       (4) Establish and maintain the capitol collection trust. The 2506
capitol collection trust shall consist of furniture, antiques, and 2507
other items of personal property that the board shall store in 2508
suitable facilities until they are ready to be displayed in the 2509
capitol square.2510

       (5) Perform repair, construction, contracting, purchasing, 2511
maintenance, supervisory, and operating activities the board 2512
determines are necessary for the operation and maintenance of the 2513
capitol square;2514

       (6) Maintain and preserve the capitol square, in accordance 2515
with guidelines issued by the United States secretary of the 2516
interior for application of the secretary's standards for 2517
rehabilitation adopted in 36 C.F.R. part 67;2518

       (7) Plan and develop a center at the capitol building for the 2519
purpose of educating visitors about the history of Ohio, including 2520
its political, economic, and social development and the design and 2521
erection of the capitol building and its grounds.2522

       (F)(1) The board shall lease capital facilities improved or 2523
financed by the Ohio building authority pursuant to Chapter 152. 2524
of the Revised Code for the use of the board, and may enter into 2525
any other agreements with the authority ancillary to improvement, 2526
financing, or leasing of those capital facilities, including, but 2527
not limited to, any agreement required by the applicable bond 2528
proceedings authorized by Chapter 152. of the Revised Code. Any 2529
lease of capital facilities authorized by this section shall be 2530
governed by division (D) of section 152.24 of the Revised Code.2531

       (2) Fees, receipts, and revenues received by the board from 2532
the state underground parking garage constitute available receipts 2533
as defined in section 152.09 of the Revised Code, and may be 2534
pledged to the payment of bond service charges on obligations 2535
issued by the Ohio building authority pursuant to Chapter 152. of 2536
the Revised Code to improve, finance, or purchase capital 2537
facilities useful to the board. The authority may, with the 2538
consent of the board, provide in the bond proceedings for a pledge 2539
of all or a portion of those fees, receipts, and revenues as the 2540
authority determines. The authority may provide in the bond 2541
proceedings or by separate agreement with the board for the 2542
transfer of those fees, receipts, and revenues to the appropriate 2543
bond service fund or bond service reserve fund as required to pay 2544
the bond service charges when due, and any such provision for the 2545
transfer of those fees, receipts, and revenues shall be 2546
controlling notwithstanding any other provision of law pertaining 2547
to those fees, receipts, and revenues.2548

       (3) All moneys received by the treasurer of state on account 2549
of the board and required by the applicable bond proceedings or by 2550
separate agreement with the board to be deposited, transferred, or 2551
credited to the bond service fund or bond service reserve fund 2552
established by the bond proceedings shall be transferred by the 2553
treasurer of state to such fund, whether or not it is in the 2554
custody of the treasurer of state, without necessity for further 2555
appropriation, upon receipt of notice from the Ohio building 2556
authority as prescribed in the bond proceedings.2557

       (G) All fees, receipts, and revenues received by the board 2558
from the state underground parking garage shall be deposited into 2559
the state treasury to the credit of the underground parking garage 2560
operating fund, which is hereby created, to be used for the 2561
purposes specified in division (F) of this section and for the 2562
operation and maintenance of the garage. All investment earnings 2563
of the fund shall be credited to the fund.2564

       (H) All donations received by the board shall be deposited 2565
into the state treasury to the credit of the capitol square 2566
renovation gift fund, which is hereby created. The fund shall be 2567
used by the board as follows:2568

       (1) To provide part or all of the funding related to 2569
construction, goods, or services for the renovation of the capitol 2570
square;2571

       (2) To purchase art, antiques, and artifacts for display at 2572
the capitol square;2573

       (3) To award contracts or make grants to organizations for 2574
educating the public regarding the historical background and 2575
governmental functions of the capitol square. Chapters 125., 127., 2576
and 153. and section 3517.13 of the Revised Code do not apply to 2577
purchases made exclusively from the fund, notwithstanding anything 2578
to the contrary in those chapters or that section. All investment 2579
earnings of the fund shall be credited to the fund.2580

       (I) Except as provided in divisions (G), (H), and (J) of this 2581
section, all fees, receipts, and revenues received by the board 2582
shall be deposited into the state treasury to the credit of the 2583
sale of goods and services fund, which is hereby created. Money 2584
credited to the fund shall be used solely to pay costs of the 2585
board other than those specified in divisions (F) and (G) of this 2586
section. All investment earnings of the fund shall be credited to 2587
the fund.2588

       (J) There is hereby created in the state treasury the capitol 2589
square improvement fund, to be used by the board to pay 2590
construction, renovation, and other costs related to the capitol 2591
square for which money is not otherwise available to the board. 2592
Whenever the board determines that there is a need to incur those 2593
costs and that the unencumbered, unobligated balance to the credit 2594
of the underground parking garage operating fund exceeds the 2595
amount needed for the purposes specified in division (F) of this 2596
section and for the operation and maintenance of the garage, the 2597
board may request the director of budget and management to 2598
transfer from the underground parking garage operating fund to the 2599
capitol square improvement fund the amount needed to pay such 2600
construction, renovation, or other costs. The director then shall 2601
transfer the amount needed from the excess balance of the 2602
underground parking garage operating fund.2603

       (K) As the operation and maintenance of the capitol square 2604
constitute essential government functions of a public purpose, the 2605
board shall not be required to pay taxes or assessments upon the 2606
square, upon any property acquired or used by the board under this 2607
section, or upon any income generated by the operation of the 2608
square.2609

       (L) As used in this section, "capitol square" means the 2610
capitol building, senate building, capitol atrium, capitol 2611
grounds, the state underground parking garage, and the warehouse 2612
owned by the board.2613

       (M) The capitol annex shall be known as the senate building.2614

       Sec. 107.09.  Immediately after the determination of each 2615
decennial apportionment for members of the general assembly the 2616
governor shall cause such apportionment to be published for four 2617
consecutive weeks, or as provided in section 7.16 of the Revised 2618
Code, in three newspapers, one in Cincinnati, one in Cleveland, 2619
and one in Columbus.2620

       Sec. 109.02.  The attorney general is the chief law officer 2621
for the state and all its departments and shall be provided with 2622
adequate office space in Columbus. Except as provided in division 2623
(E) of section 120.06 and in sections 9.05, 3517.152 to 3517.157, 2624
and 3521.04 of the Revised Code, no state officer or board, or 2625
head of a department or institution of the state shall employ, or 2626
be represented by, other counsel or attorneys at law. The attorney 2627
general shall appear for the state in the trial and argument of 2628
all civil and criminal causes in the supreme court in which the 2629
state is directly or indirectly interested. When required by the 2630
governor or the general assembly, the attorney general shall 2631
appear for the state in any court or tribunal in a cause in which 2632
the state is a party, or in which the state is directly 2633
interested. Upon the written request of the governor, the attorney 2634
general shall prosecute any person indicted for a crime.2635

       Sec. 109.36.  As used in this section and sections 109.361 to 2636
109.366 of the Revised Code:2637

       (A)(1) "Officer or employee" means any of the following:2638

       (a) A person who, at the time a cause of action against the 2639
person arises, is serving in an elected or appointed office or 2640
position with the state or is employed by the state.2641

       (b) A person that, at the time a cause of action against the 2642
person, partnership, or corporation arises, is rendering medical, 2643
nursing, dental, podiatric, optometric, physical therapeutic, 2644
psychiatric, or psychological services pursuant to a personal 2645
services contract or purchased service contract with a department, 2646
agency, or institution of the state.2647

       (c) A person that, at the time a cause of action against the 2648
person, partnership, or corporation arises, is rendering peer 2649
review, utilization review, or drug utilization review services in 2650
relation to medical, nursing, dental, podiatric, optometric, 2651
physical therapeutic, psychiatric, or psychological services 2652
pursuant to a personal services contract or purchased service 2653
contract with a department, agency, or institution of the state.2654

       (d) A person who, at the time a cause of action against the 2655
person arises, is rendering medical, nursing, dental, podiatric, 2656
optometric, physical therapeutic, psychiatric, or psychological2657
services to patients in a state institution operated by the 2658
department of mental health, is a member of the institution's 2659
staff, and is performing the services pursuant to an agreement 2660
between the state institution and a board of alcohol, drug 2661
addiction, and mental health services described in section 340.021 2662
of the Revised Codewith the department.2663

       (2) "Officer or employee" does not include any person 2664
elected, appointed, or employed by any political subdivision of 2665
the state.2666

       (B) "State" means the state of Ohio, including but not 2667
limited to, the general assembly, the supreme court, courts of 2668
appeals, the offices of all elected state officers, and all 2669
departments, boards, offices, commissions, agencies, institutions, 2670
and other instrumentalities of the state of Ohio. "State" does not 2671
include political subdivisions.2672

       (C) "Political subdivisions" of the state means municipal 2673
corporations, townships, counties, school districts, and all other 2674
bodies corporate and politic responsible for governmental 2675
activities only in geographical areas smaller than that of the 2676
state.2677

       (D) "Employer" means the general assembly, the supreme court, 2678
courts of appeals, any office of an elected state officer, or any 2679
department, board, office, commission, agency, institution, or 2680
other instrumentality of the state of Ohio that employs or 2681
contracts with an officer or employee or to which an officer or 2682
employee is elected or appointed.2683

       Sec. 109.42.  (A) The attorney general shall prepare and have 2684
printed a pamphlet that contains a compilation of all statutes 2685
relative to victim's rights in which the attorney general lists 2686
and explains the statutes in the form of a victim's bill of 2687
rights. The attorney general shall distribute the pamphlet to all 2688
sheriffs, marshals, municipal corporation and township police 2689
departments, constables, and other law enforcement agencies, to 2690
all prosecuting attorneys, city directors of law, village 2691
solicitors, and other similar chief legal officers of municipal 2692
corporations, and to organizations that represent or provide 2693
services for victims of crime. The victim's bill of rights set 2694
forth in the pamphlet shall contain a description of all of the 2695
rights of victims that are provided for in Chapter 2930. or in any 2696
other section of the Revised Code and shall include, but not be 2697
limited to, all of the following:2698

       (1) The right of a victim or a victim's representative to 2699
attend a proceeding before a grand jury, in a juvenile case, or in 2700
a criminal case pursuant to a subpoena without being discharged 2701
from the victim's or representative's employment, having the 2702
victim's or representative's employment terminated, having the 2703
victim's or representative's pay decreased or withheld, or 2704
otherwise being punished, penalized, or threatened as a result of 2705
time lost from regular employment because of the victim's or 2706
representative's attendance at the proceeding pursuant to the 2707
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or 2708
2945.451 of the Revised Code;2709

       (2) The potential availability pursuant to section 2151.359 2710
or 2152.61 of the Revised Code of a forfeited recognizance to pay 2711
damages caused by a child when the delinquency of the child or 2712
child's violation of probation or community control is found to be 2713
proximately caused by the failure of the child's parent or 2714
guardian to subject the child to reasonable parental authority or 2715
to faithfully discharge the conditions of probation or community 2716
control;2717

       (3) The availability of awards of reparations pursuant to 2718
sections 2743.51 to 2743.72 of the Revised Code for injuries 2719
caused by criminal offenses;2720

       (4) The right of the victim in certain criminal or juvenile 2721
cases or a victim's representative to receive, pursuant to section 2722
2930.06 of the Revised Code, notice of the date, time, and place 2723
of the trial or delinquency proceeding in the case or, if there 2724
will not be a trial or delinquency proceeding, information from 2725
the prosecutor, as defined in section 2930.01 of the Revised Code, 2726
regarding the disposition of the case;2727

       (5) The right of the victim in certain criminal or juvenile 2728
cases or a victim's representative to receive, pursuant to section 2729
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the 2730
name of the person charged with the violation, the case or docket 2731
number assigned to the charge, and a telephone number or numbers 2732
that can be called to obtain information about the disposition of 2733
the case;2734

       (6) The right of the victim in certain criminal or juvenile 2735
cases or of the victim's representative pursuant to section 2736
2930.13 or 2930.14 of the Revised Code, subject to any reasonable 2737
terms set by the court as authorized under section 2930.14 of the 2738
Revised Code, to make a statement about the victimization and, if 2739
applicable, a statement relative to the sentencing or disposition 2740
of the offender;2741

       (7) The opportunity to obtain a court order, pursuant to 2742
section 2945.04 of the Revised Code, to prevent or stop the 2743
commission of the offense of intimidation of a crime victim or 2744
witness or an offense against the person or property of the 2745
complainant, or of the complainant's ward or child;2746

       (8) The right of the victim in certain criminal or juvenile 2747
cases or a victim's representative pursuant to sections 2151.38, 2748
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to 2749
receive notice of a pending motion for judicial release or other2750
early release of the person who committed the offense against the 2751
victim, to make an oral or written statement at the court hearing 2752
on the motion, and to be notified of the court's decision on the 2753
motion, and the right of the victim or representative to receive a 2754
copy of any petition for release of the person submitted to a 2755
court under section 2967.19 of the Revised Code, to provide the 2756
court with written information relevant to the petition, and to be 2757
notified of the court's ruling on the petition;2758

       (9) The right of the victim in certain criminal or juvenile 2759
cases or a victim's representative pursuant to section 2930.16, 2760
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice 2761
of any pending commutation, pardon, parole, transitional control, 2762
discharge, other form of authorized release, post-release control, 2763
or supervised release for the person who committed the offense 2764
against the victim or any application for release of that person 2765
and to send a written statement relative to the victimization and 2766
the pending action to the adult parole authority or the release 2767
authority of the department of youth services;2768

       (10) The right of the victim to bring a civil action pursuant 2769
to sections 2969.01 to 2969.06 of the Revised Code to obtain money 2770
from the offender's profit fund;2771

       (11) The right, pursuant to section 3109.09 of the Revised 2772
Code, to maintain a civil action to recover compensatory damages 2773
not exceeding ten thousand dollars and costs from the parent of a 2774
minor who willfully damages property through the commission of an 2775
act that would be a theft offense, as defined in section 2913.01 2776
of the Revised Code, if committed by an adult;2777

       (12) The right, pursuant to section 3109.10 of the Revised 2778
Code, to maintain a civil action to recover compensatory damages 2779
not exceeding ten thousand dollars and costs from the parent of a 2780
minor who willfully and maliciously assaults a person;2781

       (13) The possibility of receiving restitution from an 2782
offender or a delinquent child pursuant to section 2152.20, 2783
2929.18, or 2929.28 of the Revised Code;2784

       (14) The right of the victim in certain criminal or juvenile 2785
cases or a victim's representative, pursuant to section 2930.16 of 2786
the Revised Code, to receive notice of the escape from confinement 2787
or custody of the person who committed the offense, to receive 2788
that notice from the custodial agency of the person at the 2789
victim's last address or telephone number provided to the 2790
custodial agency, and to receive notice that, if either the 2791
victim's address or telephone number changes, it is in the 2792
victim's interest to provide the new address or telephone number 2793
to the custodial agency;2794

       (15) The right of a victim of domestic violence to seek the 2795
issuance of a civil protection order pursuant to section 3113.31 2796
of the Revised Code, the right of a victim of a violation of 2797
section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22 2798
of the Revised Code, a violation of a substantially similar 2799
municipal ordinance, or an offense of violence who is a family or 2800
household member of the offender at the time of the offense to 2801
seek the issuance of a temporary protection order pursuant to 2802
section 2919.26 of the Revised Code, and the right of both types 2803
of victims to be accompanied by a victim advocate during court 2804
proceedings;2805

       (16) The right of a victim of a sexually oriented offense or 2806
of a child-victim oriented offense that is committed by a person 2807
who is convicted of, pleads guilty to, or is adjudicated a 2808
delinquent child for committing the offense and who is in a 2809
category specified in division (B) of section 2950.10 of the 2810
Revised Code to receive, pursuant to that section, notice that the 2811
person has registered with a sheriff under section 2950.04, 2812
2950.041, or 2950.05 of the Revised Code and notice of the 2813
person's name, the person's residence that is registered, and the 2814
offender's school, institution of higher education, or place of 2815
employment address or addresses that are registered, the person's 2816
photograph, and a summary of the manner in which the victim must 2817
make a request to receive the notice. As used in this division, 2818
"sexually oriented offense" and "child-victim oriented offense" 2819
have the same meanings as in section 2950.01 of the Revised Code.2820

       (17) The right of a victim of certain sexually violent 2821
offenses committed by an offender who also is convicted of or 2822
pleads guilty to a sexually violent predator specification and who 2823
is sentenced to a prison term pursuant to division (A)(3) of 2824
section 2971.03 of the Revised Code, of a victim of a violation of 2825
division (A)(1)(b) of section 2907.02 of the Revised Code 2826
committed on or after January 2, 2007, by an offender who is 2827
sentenced for the violation pursuant to division (B)(1)(a), (b), 2828
or (c) of section 2971.03 of the Revised Code, of a victim of an 2829
attempted rape committed on or after January 2, 2007, by an 2830
offender who also is convicted of or pleads guilty to a 2831
specification of the type described in section 2941.1418, 2832
2941.1419, or 2941.1420 of the Revised Code and is sentenced for 2833
the violation pursuant to division (B)(2)(a), (b), or (c) of 2834
section 2971.03 of the Revised Code, and of a victim of an offense 2835
that is described in division (B)(3)(a), (b), (c), or (d) of 2836
section 2971.03 of the Revised Code and is committed by an 2837
offender who is sentenced pursuant to one of those divisions to 2838
receive, pursuant to section 2930.16 of the Revised Code, notice 2839
of a hearing to determine whether to modify the requirement that 2840
the offender serve the entire prison term in a state correctional 2841
facility, whether to continue, revise, or revoke any existing 2842
modification of that requirement, or whether to terminate the 2843
prison term. As used in this division, "sexually violent offense" 2844
and "sexually violent predator specification" have the same 2845
meanings as in section 2971.01 of the Revised Code.2846

       (B)(1)(a) Subject to division (B)(1)(c) of this section, a 2847
prosecuting attorney, assistant prosecuting attorney, city 2848
director of law, assistant city director of law, village 2849
solicitor, assistant village solicitor, or similar chief legal 2850
officer of a municipal corporation or an assistant of any of those 2851
officers who prosecutes an offense committed in this state, upon 2852
first contact with the victim of the offense, the victim's family, 2853
or the victim's dependents, shall give the victim, the victim's 2854
family, or the victim's dependents a copy of the pamphlet prepared 2855
pursuant to division (A) of this section and explain, upon 2856
request, the information in the pamphlet to the victim, the 2857
victim's family, or the victim's dependents.2858

       (b) Subject to division (B)(1)(c) of this section, a law 2859
enforcement agency that investigates an offense or delinquent act 2860
committed in this state shall give the victim of the offense or 2861
delinquent act, the victim's family, or the victim's dependents a 2862
copy of the pamphlet prepared pursuant to division (A) of this 2863
section at one of the following times:2864

       (i) Upon first contact with the victim, the victim's family, 2865
or the victim's dependents;2866

       (ii) If the offense or delinquent act is an offense of 2867
violence, if the circumstances of the offense or delinquent act 2868
and the condition of the victim, the victim's family, or the 2869
victim's dependents indicate that the victim, the victim's family, 2870
or the victim's dependents will not be able to understand the 2871
significance of the pamphlet upon first contact with the agency, 2872
and if the agency anticipates that it will have an additional 2873
contact with the victim, the victim's family, or the victim's 2874
dependents, upon the agency's second contact with the victim, the 2875
victim's family, or the victim's dependents.2876

       If the agency does not give the victim, the victim's family, 2877
or the victim's dependents a copy of the pamphlet upon first 2878
contact with them and does not have a second contact with the 2879
victim, the victim's family, or the victim's dependents, the 2880
agency shall mail a copy of the pamphlet to the victim, the 2881
victim's family, or the victim's dependents at their last known 2882
address.2883

       (c) In complying on and after December 9, 1994, with the 2884
duties imposed by division (B)(1)(a) or (b) of this section, an 2885
official or a law enforcement agency shall use copies of the 2886
pamphlet that are in the official's or agency's possession on 2887
December 9, 1994, until the official or agency has distributed all 2888
of those copies. After the official or agency has distributed all 2889
of those copies, the official or agency shall use only copies of 2890
the pamphlet that contain at least the information described in 2891
divisions (A)(1) to (17) of this section.2892

       (2) The failure of a law enforcement agency or of a 2893
prosecuting attorney, assistant prosecuting attorney, city 2894
director of law, assistant city director of law, village 2895
solicitor, assistant village solicitor, or similar chief legal 2896
officer of a municipal corporation or an assistant to any of those 2897
officers to give, as required by division (B)(1) of this section, 2898
the victim of an offense or delinquent act, the victim's family, 2899
or the victim's dependents a copy of the pamphlet prepared 2900
pursuant to division (A) of this section does not give the victim, 2901
the victim's family, the victim's dependents, or a victim's 2902
representative any rights under section 2743.51 to 2743.72, 2903
2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the 2904
Revised Code or under any other provision of the Revised Code and 2905
does not affect any right under those sections.2906

       (3) A law enforcement agency, a prosecuting attorney or 2907
assistant prosecuting attorney, or a city director of law, 2908
assistant city director of law, village solicitor, assistant 2909
village solicitor, or similar chief legal officer of a municipal 2910
corporation that distributes a copy of the pamphlet prepared 2911
pursuant to division (A) of this section shall not be required to 2912
distribute a copy of an information card or other printed material 2913
provided by the clerk of the court of claims pursuant to section 2914
2743.71 of the Revised Code.2915

       (C) The cost of printing and distributing the pamphlet 2916
prepared pursuant to division (A) of this section shall be paid 2917
out of the reparations fund, created pursuant to section 2743.191 2918
of the Revised Code, in accordance with division (D) of that 2919
section.2920

       (D) As used in this section:2921

       (1) "Victim's representative" has the same meaning as in 2922
section 2930.01 of the Revised Code;2923

       (2) "Victim advocate" has the same meaning as in section 2924
2919.26 of the Revised Code.2925

       Sec. 109.57.  (A)(1) The superintendent of the bureau of 2926
criminal identification and investigation shall procure from 2927
wherever procurable and file for record photographs, pictures, 2928
descriptions, fingerprints, measurements, and other information 2929
that may be pertinent of all persons who have been convicted of 2930
committing within this state a felony, any crime constituting a 2931
misdemeanor on the first offense and a felony on subsequent 2932
offenses, or any misdemeanor described in division (A)(1)(a), 2933
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, 2934
of all children under eighteen years of age who have been 2935
adjudicated delinquent children for committing within this state 2936
an act that would be a felony or an offense of violence if 2937
committed by an adult or who have been convicted of or pleaded 2938
guilty to committing within this state a felony or an offense of 2939
violence, and of all well-known and habitual criminals. The person 2940
in charge of any county, multicounty, municipal, municipal-county, 2941
or multicounty-municipal jail or workhouse, community-based 2942
correctional facility, halfway house, alternative residential 2943
facility, or state correctional institution and the person in 2944
charge of any state institution having custody of a person 2945
suspected of having committed a felony, any crime constituting a 2946
misdemeanor on the first offense and a felony on subsequent 2947
offenses, or any misdemeanor described in division (A)(1)(a), 2948
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or 2949
having custody of a child under eighteen years of age with respect 2950
to whom there is probable cause to believe that the child may have 2951
committed an act that would be a felony or an offense of violence 2952
if committed by an adult shall furnish such material to the 2953
superintendent of the bureau. Fingerprints, photographs, or other 2954
descriptive information of a child who is under eighteen years of 2955
age, has not been arrested or otherwise taken into custody for 2956
committing an act that would be a felony or an offense of violence 2957
who is not in any other category of child specified in this 2958
division, if committed by an adult, has not been adjudicated a 2959
delinquent child for committing an act that would be a felony or 2960
an offense of violence if committed by an adult, has not been 2961
convicted of or pleaded guilty to committing a felony or an 2962
offense of violence, and is not a child with respect to whom 2963
there is probable cause to believe that the child may have 2964
committed an act that would be a felony or an offense of violence 2965
if committed by an adult shall not be procured by the 2966
superintendent or furnished by any person in charge of any county, 2967
multicounty, municipal, municipal-county, or multicounty-municipal 2968
jail or workhouse, community-based correctional facility, halfway 2969
house, alternative residential facility, or state correctional 2970
institution, except as authorized in section 2151.313 of the 2971
Revised Code. 2972

       (2) Every clerk of a court of record in this state, other 2973
than the supreme court or a court of appeals, shall send to the 2974
superintendent of the bureau a weekly report containing a summary 2975
of each case involving a felony, involving any crime constituting 2976
a misdemeanor on the first offense and a felony on subsequent 2977
offenses, involving a misdemeanor described in division (A)(1)(a), 2978
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, 2979
or involving an adjudication in a case in which a child under 2980
eighteen years of age was alleged to be a delinquent child for 2981
committing an act that would be a felony or an offense of violence 2982
if committed by an adult. The clerk of the court of common pleas 2983
shall include in the report and summary the clerk sends under this 2984
division all information described in divisions (A)(2)(a) to (f) 2985
of this section regarding a case before the court of appeals that 2986
is served by that clerk. The summary shall be written on the 2987
standard forms furnished by the superintendent pursuant to 2988
division (B) of this section and shall include the following 2989
information: 2990

       (a) The incident tracking number contained on the standard 2991
forms furnished by the superintendent pursuant to division (B) of 2992
this section; 2993

       (b) The style and number of the case; 2994

       (c) The date of arrest, offense, summons, or arraignment; 2995

       (d) The date that the person was convicted of or pleaded 2996
guilty to the offense, adjudicated a delinquent child for 2997
committing the act that would be a felony or an offense of 2998
violence if committed by an adult, found not guilty of the 2999
offense, or found not to be a delinquent child for committing an 3000
act that would be a felony or an offense of violence if committed 3001
by an adult, the date of an entry dismissing the charge, an entry 3002
declaring a mistrial of the offense in which the person is 3003
discharged, an entry finding that the person or child is not 3004
competent to stand trial, or an entry of a nolle prosequi, or the 3005
date of any other determination that constitutes final resolution 3006
of the case; 3007

       (e) A statement of the original charge with the section of 3008
the Revised Code that was alleged to be violated; 3009

       (f) If the person or child was convicted, pleaded guilty, or 3010
was adjudicated a delinquent child, the sentence or terms of 3011
probation imposed or any other disposition of the offender or the 3012
delinquent child. 3013

       If the offense involved the disarming of a law enforcement 3014
officer or an attempt to disarm a law enforcement officer, the 3015
clerk shall clearly state that fact in the summary, and the 3016
superintendent shall ensure that a clear statement of that fact is 3017
placed in the bureau's records. 3018

       (3) The superintendent shall cooperate with and assist 3019
sheriffs, chiefs of police, and other law enforcement officers in 3020
the establishment of a complete system of criminal identification 3021
and in obtaining fingerprints and other means of identification of 3022
all persons arrested on a charge of a felony, any crime 3023
constituting a misdemeanor on the first offense and a felony on 3024
subsequent offenses, or a misdemeanor described in division 3025
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the 3026
Revised Code and of all children under eighteen years of age 3027
arrested or otherwise taken into custody for committing an act 3028
that would be a felony or an offense of violence if committed by 3029
an adult. The superintendent also shall file for record the 3030
fingerprint impressions of all persons confined in a county, 3031
multicounty, municipal, municipal-county, or multicounty-municipal 3032
jail or workhouse, community-based correctional facility, halfway 3033
house, alternative residential facility, or state correctional 3034
institution for the violation of state laws and of all children 3035
under eighteen years of age who are confined in a county, 3036
multicounty, municipal, municipal-county, or multicounty-municipal 3037
jail or workhouse, community-based correctional facility, halfway 3038
house, alternative residential facility, or state correctional 3039
institution or in any facility for delinquent children for 3040
committing an act that would be a felony or an offense of violence 3041
if committed by an adult, and any other information that the 3042
superintendent may receive from law enforcement officials of the 3043
state and its political subdivisions. 3044

       (4) The superintendent shall carry out Chapter 2950. of the 3045
Revised Code with respect to the registration of persons who are 3046
convicted of or plead guilty to a sexually oriented offense or a 3047
child-victim oriented offense and with respect to all other duties 3048
imposed on the bureau under that chapter. 3049

       (5) The bureau shall perform centralized recordkeeping 3050
functions for criminal history records and services in this state 3051
for purposes of the national crime prevention and privacy compact 3052
set forth in section 109.571 of the Revised Code and is the 3053
criminal history record repository as defined in that section for 3054
purposes of that compact. The superintendent or the 3055
superintendent's designee is the compact officer for purposes of 3056
that compact and shall carry out the responsibilities of the 3057
compact officer specified in that compact. 3058

       (B) The superintendent shall prepare and furnish to every 3059
county, multicounty, municipal, municipal-county, or 3060
multicounty-municipal jail or workhouse, community-based 3061
correctional facility, halfway house, alternative residential 3062
facility, or state correctional institution and to every clerk of 3063
a court in this state specified in division (A)(2) of this section 3064
standard forms for reporting the information required under 3065
division (A) of this section. The standard forms that the 3066
superintendent prepares pursuant to this division may be in a 3067
tangible format, in an electronic format, or in both tangible 3068
formats and electronic formats. 3069

       (C)(1) The superintendent may operate a center for 3070
electronic, automated, or other data processing for the storage 3071
and retrieval of information, data, and statistics pertaining to 3072
criminals and to children under eighteen years of age who are 3073
adjudicated delinquent children for committing an act that would 3074
be a felony or an offense of violence if committed by an adult, 3075
criminal activity, crime prevention, law enforcement, and criminal 3076
justice, and may establish and operate a statewide communications 3077
network to be known as the Ohio law enforcement gateway to gather 3078
and disseminate information, data, and statistics for the use of 3079
law enforcement agencies and for other uses specified in this 3080
division. The superintendent may gather, store, retrieve, and 3081
disseminate information, data, and statistics that pertain to 3082
children who are under eighteen years of age and that are gathered 3083
pursuant to sections 109.57 to 109.61 of the Revised Code together 3084
with information, data, and statistics that pertain to adults and 3085
that are gathered pursuant to those sections. 3086

       (2) The superintendent or the superintendent's designee shall 3087
gather information of the nature described in division (C)(1) of 3088
this section that pertains to the offense and delinquency history 3089
of a person who has been convicted of, pleaded guilty to, or been 3090
adjudicated a delinquent child for committing a sexually oriented 3091
offense or a child-victim oriented offense for inclusion in the 3092
state registry of sex offenders and child-victim offenders 3093
maintained pursuant to division (A)(1) of section 2950.13 of the 3094
Revised Code and in the internet database operated pursuant to 3095
division (A)(13) of that section and for possible inclusion in the 3096
internet database operated pursuant to division (A)(11) of that 3097
section. 3098

        (3) In addition to any other authorized use of information, 3099
data, and statistics of the nature described in division (C)(1) of 3100
this section, the superintendent or the superintendent's designee 3101
may provide and exchange the information, data, and statistics 3102
pursuant to the national crime prevention and privacy compact as 3103
described in division (A)(5) of this section. 3104

       (4) The attorney general may adopt rules under Chapter 119. 3105
of the Revised Code establishing guidelines for the operation of 3106
and participation in the Ohio law enforcement gateway. The rules 3107
may include criteria for granting and restricting access to 3108
information gathered and disseminated through the Ohio law 3109
enforcement gateway. The attorney general may appoint a steering 3110
committee to advise the attorney general in the operation of the 3111
Ohio law enforcement gateway that is comprised of persons who are 3112
representatives of the criminal justice agencies in this state 3113
that use the Ohio law enforcement gateway and is chaired by the 3114
superintendent or the superintendent's designee.3115

       (D)(1) The following are not public records under section 3116
149.43 of the Revised Code:3117

       (a) Information and materials furnished to the superintendent 3118
pursuant to division (A) of this section;3119

       (b) Information, data, and statistics gathered or 3120
disseminated through the Ohio law enforcement gateway pursuant to 3121
division (C)(1) of this section;3122

       (c) Information and materials furnished to any board or 3123
person under division (F) or (G) of this section.3124

       (2) The superintendent or the superintendent's designee shall 3125
gather and retain information so furnished under division (A) of 3126
this section that pertains to the offense and delinquency history 3127
of a person who has been convicted of, pleaded guilty to, or been 3128
adjudicated a delinquent child for committing a sexually oriented 3129
offense or a child-victim oriented offense for the purposes 3130
described in division (C)(2) of this section. 3131

       (E) The attorney general shall adopt rules, in accordance 3132
with Chapter 119. of the Revised Code, setting forth the procedure 3133
by which a person may receive or release information gathered by 3134
the superintendent pursuant to division (A) of this section. A 3135
reasonable fee may be charged for this service. If a temporary 3136
employment service submits a request for a determination of 3137
whether a person the service plans to refer to an employment 3138
position has been convicted of or pleaded guilty to an offense 3139
listed in division (A)(1), (3), (4), (5), or (6) of section 3140
109.572 of the Revised Code, the request shall be treated as a 3141
single request and only one fee shall be charged. 3142

       (F)(1) As used in division (F)(2) of this section, "head 3143
start agency" means an entity in this state that has been approved 3144
to be an agency for purposes of subchapter II of the "Community 3145
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, 3146
as amended. 3147

       (2)(a) In addition to or in conjunction with any request that 3148
is required to be made under section 109.572, 2151.86, 3301.32, 3149
3301.541, 3319.39, 3319.391, 3327.10, 3701.881, 5104.012, 3150
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised 3151
Code or that is made under section 3314.41, 3319.392, or 3326.25, 3152
or 3328.20 of the Revised Code, the board of education of any 3153
school district; the director of developmental disabilities; any 3154
county board of developmental disabilities; any entity under 3155
contract with a county board of developmental disabilities; the 3156
chief administrator of any chartered nonpublic school; the chief 3157
administrator of any home health agency; the chief administrator 3158
of or person operating any child day-care center, type A family 3159
day-care home, or type B family day-care home licensed or 3160
certified under Chapter 5104. of the Revised Code; the 3161
administrator of any type C family day-care home certified 3162
pursuant to Section 1 of Sub. H.B. 62 of the 121st general 3163
assembly or Section 5 of Am. Sub. S.B. 160 of the 121st general 3164
assembly; the chief administrator of any head start agency; the 3165
executive director of a public children services agency; a private 3166
company described in section 3314.41, 3319.392, or 3326.25, or 3167
3328.20 of the Revised Code; or an employer described in division 3168
(J)(2) of section 3327.10 of the Revised Code may request that the 3169
superintendent of the bureau investigate and determine, with 3170
respect to any individual who has applied for employment in any 3171
position after October 2, 1989, or any individual wishing to apply 3172
for employment with a board of education may request, with regard 3173
to the individual, whether the bureau has any information gathered 3174
under division (A) of this section that pertains to that 3175
individual. On receipt of the request, the superintendent shall 3176
determine whether that information exists and, upon request of the 3177
person, board, or entity requesting information, also shall 3178
request from the federal bureau of investigation any criminal 3179
records it has pertaining to that individual. The superintendent 3180
or the superintendent's designee also may request criminal history 3181
records from other states or the federal government pursuant to 3182
the national crime prevention and privacy compact set forth in 3183
section 109.571 of the Revised Code. Within thirty days of the 3184
date that the superintendent receives a request, the 3185
superintendent shall send to the board, entity, or person a report 3186
of any information that the superintendent determines exists, 3187
including information contained in records that have been sealed 3188
under section 2953.32 of the Revised Code, and, within thirty days 3189
of its receipt, shall send the board, entity, or person a report 3190
of any information received from the federal bureau of 3191
investigation, other than information the dissemination of which 3192
is prohibited by federal law. 3193

       (b) When a board of education is required to receive 3194
information under this section as a prerequisite to employment of 3195
an individual pursuant to section 3319.39 of the Revised Code, it 3196
may accept a certified copy of records that were issued by the 3197
bureau of criminal identification and investigation and that are 3198
presented by an individual applying for employment with the 3199
district in lieu of requesting that information itself. In such a 3200
case, the board shall accept the certified copy issued by the 3201
bureau in order to make a photocopy of it for that individual's 3202
employment application documents and shall return the certified 3203
copy to the individual. In a case of that nature, a district only 3204
shall accept a certified copy of records of that nature within one 3205
year after the date of their issuance by the bureau. 3206

       (c) Notwithstanding division (F)(2)(a) of this section, in 3207
the case of a request under section 3319.39, 3319.391, or 3327.10 3208
of the Revised Code only for criminal records maintained by the 3209
federal bureau of investigation, the superintendent shall not 3210
determine whether any information gathered under division (A) of 3211
this section exists on the person for whom the request is made.3212

       (3) The state board of education may request, with respect to 3213
any individual who has applied for employment after October 2, 3214
1989, in any position with the state board or the department of 3215
education, any information that a school district board of 3216
education is authorized to request under division (F)(2) of this 3217
section, and the superintendent of the bureau shall proceed as if 3218
the request has been received from a school district board of 3219
education under division (F)(2) of this section. 3220

       (4) When the superintendent of the bureau receives a request 3221
for information under section 3319.291 of the Revised Code, the 3222
superintendent shall proceed as if the request has been received 3223
from a school district board of education and shall comply with 3224
divisions (F)(2)(a) and (c) of this section. 3225

       (5) When a recipient of a classroom reading improvement grant 3226
paid under section 3301.86 of the Revised Code requests, with 3227
respect to any individual who applies to participate in providing 3228
any program or service funded in whole or in part by the grant, 3229
the information that a school district board of education is 3230
authorized to request under division (F)(2)(a) of this section, 3231
the superintendent of the bureau shall proceed as if the request 3232
has been received from a school district board of education under 3233
division (F)(2)(a) of this section. 3234

       (G) In addition to or in conjunction with any request that is 3235
required to be made under section 3701.881, 3712.09, 3721.121, or 3236
3722.1515119.85 of the Revised Code with respect to an individual 3237
who has applied for employment in a position that involves 3238
providing direct care to an older adult, the chief administrator 3239
of a home health agency, hospice care program, home licensed under 3240
Chapter 3721. of the Revised Code, adult day-care program operated 3241
pursuant to rules adopted under section 3721.04 of the Revised 3242
Code, or adult care facility may request that the superintendent 3243
of the bureau investigate and determine, with respect to any 3244
individual who has applied after January 27, 1997, for employment 3245
in a position that does not involve providing direct care to an 3246
older adult, whether the bureau has any information gathered under 3247
division (A) of this section that pertains to that individual. 3248

       In addition to or in conjunction with any request that is 3249
required to be made under section 173.27 of the Revised Code with 3250
respect to an individual who has applied for employment in a 3251
position that involves providing ombudsperson services to 3252
residents of long-term care facilities or recipients of 3253
community-based long-term care services, the state long-term care 3254
ombudsperson, ombudsperson's designee, or director of health may 3255
request that the superintendent investigate and determine, with 3256
respect to any individual who has applied for employment in a 3257
position that does not involve providing such ombudsperson 3258
services, whether the bureau has any information gathered under 3259
division (A) of this section that pertains to that applicant. 3260

       In addition to or in conjunction with any request that is 3261
required to be made under section 173.394 of the Revised Code with 3262
respect to an individual who has applied for employment in a 3263
position that involves providing direct care to an individual, the 3264
chief administrator of a community-based long-term care agency may 3265
request that the superintendent investigate and determine, with 3266
respect to any individual who has applied for employment in a 3267
position that does not involve providing direct care, whether the 3268
bureau has any information gathered under division (A) of this 3269
section that pertains to that applicant. 3270

       On receipt of a request under this division, the 3271
superintendent shall determine whether that information exists 3272
and, on request of the individual requesting information, shall 3273
also request from the federal bureau of investigation any criminal 3274
records it has pertaining to the applicant. The superintendent or 3275
the superintendent's designee also may request criminal history 3276
records from other states or the federal government pursuant to 3277
the national crime prevention and privacy compact set forth in 3278
section 109.571 of the Revised Code. Within thirty days of the 3279
date a request is received, the superintendent shall send to the 3280
requester a report of any information determined to exist, 3281
including information contained in records that have been sealed 3282
under section 2953.32 of the Revised Code, and, within thirty days 3283
of its receipt, shall send the requester a report of any 3284
information received from the federal bureau of investigation, 3285
other than information the dissemination of which is prohibited by 3286
federal law. 3287

       (H) Information obtained by a government entity or person 3288
under this section is confidential and shall not be released or 3289
disseminated. 3290

       (I) The superintendent may charge a reasonable fee for 3291
providing information or criminal records under division (F)(2) or 3292
(G) of this section. 3293

       (J) As used in this section, "sexually oriented offense" and 3294
"child-victim oriented offense" have the same meanings as in 3295
section 2950.01 of the Revised Code. 3296

       Sec. 109.572. (A)(1) Upon receipt of a request pursuant to 3297
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code, 3298
a completed form prescribed pursuant to division (C)(1) of this 3299
section, and a set of fingerprint impressions obtained in the 3300
manner described in division (C)(2) of this section, the 3301
superintendent of the bureau of criminal identification and 3302
investigation shall conduct a criminal records check in the manner 3303
described in division (B) of this section to determine whether any 3304
information exists that indicates that the person who is the 3305
subject of the request previously has been convicted of or pleaded 3306
guilty to any of the following:3307

       (a) A violation of section 2903.01, 2903.02, 2903.03, 3308
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 3309
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 3310
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 3311
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 3312
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 3313
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 3314
2925.06, or 3716.11 of the Revised Code, felonious sexual 3315
penetration in violation of former section 2907.12 of the Revised 3316
Code, a violation of section 2905.04 of the Revised Code as it 3317
existed prior to July 1, 1996, a violation of section 2919.23 of 3318
the Revised Code that would have been a violation of section 3319
2905.04 of the Revised Code as it existed prior to July 1, 1996, 3320
had the violation been committed prior to that date, or a 3321
violation of section 2925.11 of the Revised Code that is not a 3322
minor drug possession offense;3323

       (b) A violation of an existing or former law of this state, 3324
any other state, or the United States that is substantially 3325
equivalent to any of the offenses listed in division (A)(1)(a) of 3326
this section.3327

       (2) On receipt of a request pursuant to section 5123.081 of 3328
the Revised Code with respect to an applicant for employment in 3329
any position with the department of developmental disabilities, 3330
pursuant to section 5126.28 of the Revised Code with respect to an 3331
applicant for employment in any position with a county board of 3332
developmental disabilities, or pursuant to section 5126.281 of the 3333
Revised Code with respect to an applicant for employment in a 3334
direct services position with an entity contracting with a county 3335
board for employment, a completed form prescribed pursuant to 3336
division (C)(1) of this section, and a set of fingerprint 3337
impressions obtained in the manner described in division (C)(2) of 3338
this section, the superintendent of the bureau of criminal 3339
identification and investigation shall conduct a criminal records 3340
check. The superintendent shall conduct the criminal records check 3341
in the manner described in division (B) of this section to 3342
determine whether any information exists that indicates that the 3343
person who is the subject of the request has been convicted of or 3344
pleaded guilty to any of the following:3345

       (a) A violation of section 2903.01, 2903.02, 2903.03, 3346
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 3347
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 3348
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 3349
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 3350
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 3351
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 3352
2925.03, or 3716.11 of the Revised Code;3353

       (b) An existing or former municipal ordinance or law of this 3354
state, any other state, or the United States that is substantially 3355
equivalent to any of the offenses listed in division (A)(2)(a) of 3356
this section.3357

       (3) On receipt of a request pursuant to section 173.27, 3358
173.394, 3712.09, 3721.121, or 3722.1515119.85 of the Revised 3359
Code, a completed form prescribed pursuant to division (C)(1) of 3360
this section, and a set of fingerprint impressions obtained in the 3361
manner described in division (C)(2) of this section, the 3362
superintendent of the bureau of criminal identification and 3363
investigation shall conduct a criminal records check with respect 3364
to any person who has applied for employment in a position for 3365
which a criminal records check is required by those sections. The 3366
superintendent shall conduct the criminal records check in the 3367
manner described in division (B) of this section to determine 3368
whether any information exists that indicates that the person who 3369
is the subject of the request previously has been convicted of or 3370
pleaded guilty to any of the following:3371

       (a) A violation of section 2903.01, 2903.02, 2903.03, 3372
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 3373
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 3374
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 3375
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 3376
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 3377
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 3378
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 3379
2925.22, 2925.23, or 3716.11 of the Revised Code;3380

       (b) An existing or former law of this state, any other state, 3381
or the United States that is substantially equivalent to any of 3382
the offenses listed in division (A)(3)(a) of this section.3383

       (4) On receipt of a request pursuant to section 3701.881 of 3384
the Revised Code with respect to an applicant for employment with 3385
a home health agency as a person responsible for the care, 3386
custody, or control of a child, a completed form prescribed 3387
pursuant to division (C)(1) of this section, and a set of 3388
fingerprint impressions obtained in the manner described in 3389
division (C)(2) of this section, the superintendent of the bureau 3390
of criminal identification and investigation shall conduct a 3391
criminal records check. The superintendent shall conduct the 3392
criminal records check in the manner described in division (B) of 3393
this section to determine whether any information exists that 3394
indicates that the person who is the subject of the request 3395
previously has been convicted of or pleaded guilty to any of the 3396
following:3397

       (a) A violation of section 2903.01, 2903.02, 2903.03, 3398
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 3399
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 3400
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 3401
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 3402
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 3403
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 3404
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a 3405
violation of section 2925.11 of the Revised Code that is not a 3406
minor drug possession offense;3407

       (b) An existing or former law of this state, any other state, 3408
or the United States that is substantially equivalent to any of 3409
the offenses listed in division (A)(4)(a) of this section.3410

       (5) On receipt of a request pursuant to section 5111.032, 3411
5111.033, or 5111.034 of the Revised Code, a completed form 3412
prescribed pursuant to division (C)(1) of this section, and a set 3413
of fingerprint impressions obtained in the manner described in 3414
division (C)(2) of this section, the superintendent of the bureau 3415
of criminal identification and investigation shall conduct a 3416
criminal records check. The superintendent shall conduct the 3417
criminal records check in the manner described in division (B) of 3418
this section to determine whether any information exists that 3419
indicates that the person who is the subject of the request 3420
previously has been convicted of, has pleaded guilty to, or has 3421
been found eligible for intervention in lieu of conviction for any 3422
of the following, regardless of the date of the conviction, the 3423
date of entry of the guilty plea, or the date the person was found 3424
eligible for intervention in lieu of conviction:3425

       (a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, 3426
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 3427
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 3428
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 3429
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, 3430
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 3431
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01, 3432
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 3433
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, 3434
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 3435
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11, 3436
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 3437
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02, 3438
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 3439
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 3440
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual 3441
penetration in violation of former section 2907.12 of the Revised 3442
Code, a violation of section 2905.04 of the Revised Code as it 3443
existed prior to July 1, 1996, a violation of section 2919.23 of 3444
the Revised Code that would have been a violation of section 3445
2905.04 of the Revised Code as it existed prior to July 1, 1996, 3446
had the violation been committed prior to that date;3447

       (b) A violation of an existing or former municipal ordinance 3448
or law of this state, any other state, or the United States that 3449
is substantially equivalent to any of the offenses listed in 3450
division (A)(5)(a) of this section.3451

       (6) On receipt of a request pursuant to section 3701.881 of 3452
the Revised Code with respect to an applicant for employment with 3453
a home health agency in a position that involves providing direct 3454
care to an older adult, a completed form prescribed pursuant to 3455
division (C)(1) of this section, and a set of fingerprint 3456
impressions obtained in the manner described in division (C)(2) of 3457
this section, the superintendent of the bureau of criminal 3458
identification and investigation shall conduct a criminal records 3459
check. The superintendent shall conduct the criminal records check 3460
in the manner described in division (B) of this section to 3461
determine whether any information exists that indicates that the 3462
person who is the subject of the request previously has been 3463
convicted of or pleaded guilty to any of the following:3464

       (a) A violation of section 2903.01, 2903.02, 2903.03, 3465
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 3466
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 3467
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 3468
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 3469
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 3470
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 3471
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 3472
2925.22, 2925.23, or 3716.11 of the Revised Code;3473

       (b) An existing or former law of this state, any other state, 3474
or the United States that is substantially equivalent to any of 3475
the offenses listed in division (A)(6)(a) of this section.3476

       (7) When conducting a criminal records check upon a request 3477
pursuant to section 3319.39 of the Revised Code for an applicant 3478
who is a teacher, in addition to the determination made under 3479
division (A)(1) of this section, the superintendent shall 3480
determine whether any information exists that indicates that the 3481
person who is the subject of the request previously has been 3482
convicted of or pleaded guilty to any offense specified in section 3483
3319.31 of the Revised Code.3484

       (8) On receipt of a request pursuant to section 2151.86 of 3485
the Revised Code, a completed form prescribed pursuant to division 3486
(C)(1) of this section, and a set of fingerprint impressions 3487
obtained in the manner described in division (C)(2) of this 3488
section, the superintendent of the bureau of criminal 3489
identification and investigation shall conduct a criminal records 3490
check in the manner described in division (B) of this section to 3491
determine whether any information exists that indicates that the 3492
person who is the subject of the request previously has been 3493
convicted of or pleaded guilty to any of the following:3494

       (a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, 3495
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 3496
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 3497
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 3498
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 3499
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, 3500
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, 3501
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 3502
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11 3503
of the Revised Code, a violation of section 2905.04 of the Revised 3504
Code as it existed prior to July 1, 1996, a violation of section 3505
2919.23 of the Revised Code that would have been a violation of 3506
section 2905.04 of the Revised Code as it existed prior to July 1, 3507
1996, had the violation been committed prior to that date, a 3508
violation of section 2925.11 of the Revised Code that is not a 3509
minor drug possession offense, two or more OVI or OVUAC violations 3510
committed within the three years immediately preceding the 3511
submission of the application or petition that is the basis of the 3512
request, or felonious sexual penetration in violation of former 3513
section 2907.12 of the Revised Code;3514

       (b) A violation of an existing or former law of this state, 3515
any other state, or the United States that is substantially 3516
equivalent to any of the offenses listed in division (A)(8)(a) of 3517
this section.3518

       (9) Upon receipt of a request pursuant to section 5104.012 or 3519
5104.013 of the Revised Code, a completed form prescribed pursuant 3520
to division (C)(1) of this section, and a set of fingerprint 3521
impressions obtained in the manner described in division (C)(2) of 3522
this section, the superintendent of the bureau of criminal 3523
identification and investigation shall conduct a criminal records 3524
check in the manner described in division (B) of this section to 3525
determine whether any information exists that indicates that the 3526
person who is the subject of the request has been convicted of or 3527
pleaded guilty to any of the following:3528

       (a) A violation of section 2903.01, 2903.02, 2903.03, 3529
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, 3530
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 3531
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 3532
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 3533
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04, 3534
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 3535
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 3536
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12, 3537
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12, 3538
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3539
3716.11 of the Revised Code, felonious sexual penetration in 3540
violation of former section 2907.12 of the Revised Code, a 3541
violation of section 2905.04 of the Revised Code as it existed 3542
prior to July 1, 1996, a violation of section 2919.23 of the 3543
Revised Code that would have been a violation of section 2905.04 3544
of the Revised Code as it existed prior to July 1, 1996, had the 3545
violation been committed prior to that date, a violation of 3546
section 2925.11 of the Revised Code that is not a minor drug 3547
possession offense, a violation of section 2923.02 or 2923.03 of 3548
the Revised Code that relates to a crime specified in this 3549
division, or a second violation of section 4511.19 of the Revised 3550
Code within five years of the date of application for licensure or 3551
certification.3552

       (b) A violation of an existing or former law of this state, 3553
any other state, or the United States that is substantially 3554
equivalent to any of the offenses or violations described in 3555
division (A)(9)(a) of this section.3556

       (10) Upon receipt of a request pursuant to section 5153.111 3557
of the Revised Code, a completed form prescribed pursuant to 3558
division (C)(1) of this section, and a set of fingerprint 3559
impressions obtained in the manner described in division (C)(2) of 3560
this section, the superintendent of the bureau of criminal 3561
identification and investigation shall conduct a criminal records 3562
check in the manner described in division (B) of this section to 3563
determine whether any information exists that indicates that the 3564
person who is the subject of the request previously has been 3565
convicted of or pleaded guilty to any of the following:3566

       (a) A violation of section 2903.01, 2903.02, 2903.03, 3567
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 3568
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 3569
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 3570
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 3571
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 3572
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 3573
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, 3574
felonious sexual penetration in violation of former section 3575
2907.12 of the Revised Code, a violation of section 2905.04 of the 3576
Revised Code as it existed prior to July 1, 1996, a violation of 3577
section 2919.23 of the Revised Code that would have been a 3578
violation of section 2905.04 of the Revised Code as it existed 3579
prior to July 1, 1996, had the violation been committed prior to 3580
that date, or a violation of section 2925.11 of the Revised Code 3581
that is not a minor drug possession offense;3582

       (b) A violation of an existing or former law of this state, 3583
any other state, or the United States that is substantially 3584
equivalent to any of the offenses listed in division (A)(10)(a) of 3585
this section.3586

       (11) On receipt of a request for a criminal records check 3587
from an individual pursuant to section 4749.03 or 4749.06 of the 3588
Revised Code, accompanied by a completed copy of the form 3589
prescribed in division (C)(1) of this section and a set of 3590
fingerprint impressions obtained in a manner described in division 3591
(C)(2) of this section, the superintendent of the bureau of 3592
criminal identification and investigation shall conduct a criminal 3593
records check in the manner described in division (B) of this 3594
section to determine whether any information exists indicating 3595
that the person who is the subject of the request has been 3596
convicted of or pleaded guilty to a felony in this state or in any 3597
other state. If the individual indicates that a firearm will be 3598
carried in the course of business, the superintendent shall 3599
require information from the federal bureau of investigation as 3600
described in division (B)(2) of this section. The superintendent 3601
shall report the findings of the criminal records check and any 3602
information the federal bureau of investigation provides to the 3603
director of public safety.3604

       (12) On receipt of a request pursuant to section 1321.37, 3605
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised 3606
Code, a completed form prescribed pursuant to division (C)(1) of 3607
this section, and a set of fingerprint impressions obtained in the 3608
manner described in division (C)(2) of this section, the 3609
superintendent of the bureau of criminal identification and 3610
investigation shall conduct a criminal records check with respect 3611
to any person who has applied for a license, permit, or 3612
certification from the department of commerce or a division in the 3613
department. The superintendent shall conduct the criminal records 3614
check in the manner described in division (B) of this section to 3615
determine whether any information exists that indicates that the 3616
person who is the subject of the request previously has been 3617
convicted of or pleaded guilty to any of the following: a 3618
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or 3619
2925.03 of the Revised Code; any other criminal offense involving 3620
theft, receiving stolen property, embezzlement, forgery, fraud, 3621
passing bad checks, money laundering, or drug trafficking, or any 3622
criminal offense involving money or securities, as set forth in 3623
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of 3624
the Revised Code; or any existing or former law of this state, any 3625
other state, or the United States that is substantially equivalent 3626
to those offenses.3627

       (13) On receipt of a request for a criminal records check 3628
from the treasurer of state under section 113.041 of the Revised 3629
Code or from an individual under section 4701.08, 4715.101, 3630
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 3631
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 3632
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 3633
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 3634
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied by 3635
a completed form prescribed under division (C)(1) of this section 3636
and a set of fingerprint impressions obtained in the manner 3637
described in division (C)(2) of this section, the superintendent 3638
of the bureau of criminal identification and investigation shall 3639
conduct a criminal records check in the manner described in 3640
division (B) of this section to determine whether any information 3641
exists that indicates that the person who is the subject of the 3642
request has been convicted of or pleaded guilty to any criminal 3643
offense in this state or any other state. The superintendent shall 3644
send the results of a check requested under section 113.041 of the 3645
Revised Code to the treasurer of state and shall send the results 3646
of a check requested under any of the other listed sections to the 3647
licensing board specified by the individual in the request.3648

       (14) On receipt of a request pursuant to section 1121.23, 3649
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised 3650
Code, a completed form prescribed pursuant to division (C)(1) of 3651
this section, and a set of fingerprint impressions obtained in the 3652
manner described in division (C)(2) of this section, the 3653
superintendent of the bureau of criminal identification and 3654
investigation shall conduct a criminal records check in the manner 3655
described in division (B) of this section to determine whether any 3656
information exists that indicates that the person who is the 3657
subject of the request previously has been convicted of or pleaded 3658
guilty to any criminal offense under any existing or former law of 3659
this state, any other state, or the United States.3660

       (15) On receipt of a request for a criminal records check 3661
from an appointing or licensing authority under section 3772.07 of 3662
the Revised Code, a completed form prescribed under division 3663
(C)(1) of this section, and a set of fingerprint impressions 3664
obtained in the manner prescribed in division (C)(2) of this 3665
section, the superintendent of the bureau of criminal 3666
identification and investigation shall conduct a criminal records 3667
check in the manner described in division (B) of this section to 3668
determine whether any information exists that indicates that the 3669
person who is the subject of the request previously has been 3670
convicted of or pleaded guilty or no contest to any offense under 3671
any existing or former law of this state, any other state, or the 3672
United States that is a disqualifying offense as defined in 3673
section 3772.07 of the Revised Code or substantially equivalent to 3674
such an offense.3675

       (16) Not later than thirty days after the date the 3676
superintendent receives a request of a type described in division 3677
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), 3678
(14), or (15) of this section, the completed form, and the 3679
fingerprint impressions, the superintendent shall send the person, 3680
board, or entity that made the request any information, other than 3681
information the dissemination of which is prohibited by federal 3682
law, the superintendent determines exists with respect to the 3683
person who is the subject of the request that indicates that the 3684
person previously has been convicted of or pleaded guilty to any 3685
offense listed or described in division (A)(1), (2), (3), (4), 3686
(5), (6), (7), (8), (9), (10), (11), (12), (14), or (15) of this 3687
section, as appropriate. The superintendent shall send the person, 3688
board, or entity that made the request a copy of the list of 3689
offenses specified in division (A)(1), (2), (3), (4), (5), (6), 3690
(7), (8), (9), (10), (11), (12), (14), or (15) of this section, as 3691
appropriate. If the request was made under section 3701.881 of the 3692
Revised Code with regard to an applicant who may be both 3693
responsible for the care, custody, or control of a child and 3694
involved in providing direct care to an older adult, the 3695
superintendent shall provide a list of the offenses specified in 3696
divisions (A)(4) and (6) of this section.3697

       Not later than thirty days after the superintendent receives 3698
a request for a criminal records check pursuant to section 113.041 3699
of the Revised Code, the completed form, and the fingerprint 3700
impressions, the superintendent shall send the treasurer of state 3701
any information, other than information the dissemination of which 3702
is prohibited by federal law, the superintendent determines exist 3703
with respect to the person who is the subject of the request that 3704
indicates that the person previously has been convicted of or 3705
pleaded guilty to any criminal offense in this state or any other 3706
state.3707

       (B) The superintendent shall conduct any criminal records 3708
check requested under section 113.041, 121.08, 173.27, 173.394, 3709
1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03, 3710
1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3711
3701.881, 3712.09, 3721.121, 3722.1515119.85, 3772.07, 4701.08, 3712
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 3713
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 3714
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 3715
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 3716
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012, 3717
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 3718
5126.281, or 5153.111 of the Revised Code as follows:3719

       (1) The superintendent shall review or cause to be reviewed 3720
any relevant information gathered and compiled by the bureau under 3721
division (A) of section 109.57 of the Revised Code that relates to 3722
the person who is the subject of the request, including, if the 3723
criminal records check was requested under section 113.041, 3724
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 3725
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 3726
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3727
3722.1515119.85, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012, 3728
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 3729
5126.281, or 5153.111 of the Revised Code, any relevant 3730
information contained in records that have been sealed under 3731
section 2953.32 of the Revised Code;3732

       (2) If the request received by the superintendent asks for 3733
information from the federal bureau of investigation, the 3734
superintendent shall request from the federal bureau of 3735
investigation any information it has with respect to the person 3736
who is the subject of the request, including fingerprint-based 3737
checks of national crime information databases as described in 42 3738
U.S.C. 671 if the request is made pursuant to section 2151.86, 3739
5104.012, or 5104.013 of the Revised Code or if any other Revised 3740
Code section requires fingerprint-based checks of that nature, and 3741
shall review or cause to be reviewed any information the 3742
superintendent receives from that bureau. If a request under 3743
section 3319.39 of the Revised Code asks only for information from 3744
the federal bureau of investigation, the superintendent shall not 3745
conduct the review prescribed by division (B)(1) of this section.3746

        (3) The superintendent or the superintendent's designee may 3747
request criminal history records from other states or the federal 3748
government pursuant to the national crime prevention and privacy 3749
compact set forth in section 109.571 of the Revised Code.3750

       (C)(1) The superintendent shall prescribe a form to obtain 3751
the information necessary to conduct a criminal records check from 3752
any person for whom a criminal records check is requested under 3753
section 113.041 of the Revised Code or required by section 121.08, 3754
173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 3755
1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3756
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.1515119.85, 3757
3772.07, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 3758
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 3759
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 3760
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 3761
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 3762
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 3763
5126.28, 5126.281, or 5153.111 of the Revised Code. The form that 3764
the superintendent prescribes pursuant to this division may be in 3765
a tangible format, in an electronic format, or in both tangible 3766
and electronic formats.3767

       (2) The superintendent shall prescribe standard impression 3768
sheets to obtain the fingerprint impressions of any person for 3769
whom a criminal records check is requested under section 113.041 3770
of the Revised Code or required by section 121.08, 173.27, 3771
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 3772
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3773
3319.39, 3701.881, 3712.09, 3721.121, 3722.1515119.85, 3772.07, 3774
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 3775
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 3776
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 3777
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 3778
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012, 3779
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 3780
5126.281, or 5153.111 of the Revised Code. Any person for whom a 3781
records check is requested under or required by any of those 3782
sections shall obtain the fingerprint impressions at a county 3783
sheriff's office, municipal police department, or any other entity 3784
with the ability to make fingerprint impressions on the standard 3785
impression sheets prescribed by the superintendent. The office, 3786
department, or entity may charge the person a reasonable fee for 3787
making the impressions. The standard impression sheets the 3788
superintendent prescribes pursuant to this division may be in a 3789
tangible format, in an electronic format, or in both tangible and 3790
electronic formats.3791

       (3) Subject to division (D) of this section, the 3792
superintendent shall prescribe and charge a reasonable fee for 3793
providing a criminal records check requested under section 3794
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 3795
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 3796
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3797
3722.1515119.85, 3772.07, 4701.08, 4715.101, 4717.061, 4725.121, 3798
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 3799
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 3800
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 3801
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 3802
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 3803
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The 3804
person making a criminal records request under any of those 3805
sections shall pay the fee prescribed pursuant to this division. A 3806
person making a request under section 3701.881 of the Revised Code 3807
for a criminal records check for an applicant who may be both 3808
responsible for the care, custody, or control of a child and 3809
involved in providing direct care to an older adult shall pay one 3810
fee for the request. In the case of a request under section 3811
1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or 5111.032 3812
of the Revised Code, the fee shall be paid in the manner specified 3813
in that section.3814

       (4) The superintendent of the bureau of criminal 3815
identification and investigation may prescribe methods of 3816
forwarding fingerprint impressions and information necessary to 3817
conduct a criminal records check, which methods shall include, but 3818
not be limited to, an electronic method.3819

       (D) A determination whether any information exists that 3820
indicates that a person previously has been convicted of or 3821
pleaded guilty to any offense listed or described in division 3822
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or 3823
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b), 3824
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), (A)(14), or (A)(15) 3825
of this section, or that indicates that a person previously has 3826
been convicted of or pleaded guilty to any criminal offense in 3827
this state or any other state regarding a criminal records check 3828
of a type described in division (A)(13) of this section, and that 3829
is made by the superintendent with respect to information 3830
considered in a criminal records check in accordance with this 3831
section is valid for the person who is the subject of the criminal 3832
records check for a period of one year from the date upon which 3833
the superintendent makes the determination. During the period in 3834
which the determination in regard to a person is valid, if another 3835
request under this section is made for a criminal records check 3836
for that person, the superintendent shall provide the information 3837
that is the basis for the superintendent's initial determination 3838
at a lower fee than the fee prescribed for the initial criminal 3839
records check.3840

       (E) As used in this section:3841

       (1) "Criminal records check" means any criminal records check 3842
conducted by the superintendent of the bureau of criminal 3843
identification and investigation in accordance with division (B) 3844
of this section.3845

       (2) "Minor drug possession offense" has the same meaning as 3846
in section 2925.01 of the Revised Code.3847

       (3) "Older adult" means a person age sixty or older.3848

       (4) "OVI or OVUAC violation" means a violation of section 3849
4511.19 of the Revised Code or a violation of an existing or 3850
former law of this state, any other state, or the United States 3851
that is substantially equivalent to section 4511.19 of the Revised 3852
Code.3853

       Sec. 111.12. (A) Except as otherwise provided in division 3854
(B) of this section, theThe secretary of state shall compile and 3855
publish biennially in a paper, book, or other nonelectronic3856
electronic format twenty-five hundred copies of the election 3857
statistics of Ohio, four thousand copies of the official roster of 3858
federal, state, and county officers, and twenty-five hundred 3859
copies of the official roster of township and municipal officers.3860

       (B) The secretary of state may compile and publish biennially 3861
the election statistics of Ohio, the official roster of federal, 3862
state, and county officers, and the official roster of township 3863
and municipal officers in an electronic format instead of 3864
compiling and publishing these documents biennially in a paper, 3865
book, or other nonelectronic format in the numbers specified in 3866
division (A) of this section. If the secretary of state does so, 3867
the secretary of state shall maintain the ability to provide 3868
copies of the election statistics of Ohio, the official roster of 3869
federal, state, and county officers, and the official roster of 3870
township and municipal officers in accordance with section 149.43 3871
of the Revised Code.3872

       Sec. 111.16.  The secretary of state shall charge and 3873
collect, for the benefit of the state, the following fees:3874

       (A) For filing and recording articles of incorporation of a 3875
domestic corporation, including designation of agent:3876

       (1) Wherein the corporation shall not be authorized to issue 3877
any shares of capital stock, one hundred twenty-five dollars;3878

       (2) Wherein the corporation shall be authorized to issue 3879
shares of capital stock, with or without par value:3880

       (a) Ten cents for each share authorized up to and including 3881
one thousand shares;3882

       (b) Five cents for each share authorized in excess of one 3883
thousand shares up to and including ten thousand shares;3884

       (c) Two cents for each share authorized in excess of ten 3885
thousand shares up to and including fifty thousand shares;3886

       (d) One cent for each share authorized in excess of fifty 3887
thousand shares up to and including one hundred thousand shares;3888

       (e) One-half cent for each share authorized in excess of one 3889
hundred thousand shares up to and including five hundred thousand 3890
shares;3891

       (f) One-quarter cent for each share authorized in excess of 3892
five hundred thousand shares; provided no fee shall be less than 3893
one hundred twenty-five dollars or greater than one hundred 3894
thousand dollars.3895

       (B) For filing and recording a certificate of amendment to or 3896
amended articles of incorporation of a domestic corporation, or 3897
for filing and recording a certificate of reorganization, a 3898
certificate of dissolution, or an amendment to a foreign license 3899
application:3900

       (1) If the domestic corporation is not authorized to issue 3901
any shares of capital stock, fifty dollars;3902

       (2) If the domestic corporation is authorized to issue shares 3903
of capital stock, fifty dollars, and in case of any increase in 3904
the number of shares authorized to be issued, a further sum 3905
computed in accordance with the schedule set forth in division 3906
(A)(2) of this section less a credit computed in the same manner 3907
for the number of shares previously authorized to be issued by the 3908
corporation; provided no fee under division (B)(2) of this section 3909
shall be greater than one hundred thousand dollars;3910

       (3) If the foreign corporation is not authorized to issue any 3911
shares of capital stock, fifty dollars;3912

       (4) If the foreign corporation is authorized to issue shares 3913
of capital stock, fifty dollars.3914

       (C) For filing and recording articles of incorporation of a 3915
savings and loan association, one hundred twenty-five dollars; and 3916
for filing and recording a certificate of amendment to or amended 3917
articles of incorporation of a savings and loan association, fifty 3918
dollars;3919

       (D) For filing and recording a certificate of conversion, 3920
including a designation of agent, a certificate of merger, or a 3921
certificate of consolidation, one hundred twenty-five dollars and, 3922
in the case of any new corporation resulting from a consolidation 3923
or any surviving corporation that has an increased number of 3924
shares authorized to be issued resulting from a merger, an 3925
additional sum computed in accordance with the schedule set forth 3926
in division (A)(2) of this section less a credit computed in the 3927
same manner for the number of shares previously authorized to be 3928
issued or represented in this state by each of the corporations 3929
for which a consolidation or merger is effected by the 3930
certificate;3931

       (E) For filing and recording articles of incorporation of a 3932
credit union or the American credit union guaranty association, 3933
one hundred twenty-five dollars, and for filing and recording a 3934
certificate of increase in capital stock or any other amendment of 3935
the articles of incorporation of a credit union or the 3936
association, fifty dollars;3937

       (F) For filing and recording articles of organization of a 3938
limited liability company, for filing and recording an application 3939
to become a registered foreign limited liability company, for 3940
filing and recording a registration application to become a 3941
domestic limited liability partnership, or for filing and 3942
recording an application to become a registered foreign limited 3943
liability partnership, one hundred twenty-five dollars;3944

       (G) For filing and recording a certificate of limited 3945
partnership or an application for registration as a foreign 3946
limited partnership, or for filing an initial statement of 3947
partnership authority pursuant to section 1776.33 of the Revised 3948
Code, one hundred twenty-five dollars.3949

       (H) For filing a copy of papers evidencing the incorporation 3950
of a municipal corporation or of annexation of territory by a 3951
municipal corporation, five dollars, to be paid by the municipal 3952
corporation, the petitioners therefor, or their agent;3953

       (I) For filing and recording any of the following:3954

       (1) A license to transact business in this state by a foreign 3955
corporation for profit pursuant to section 1703.04 of the Revised 3956
Code or a foreign nonprofit corporation pursuant to section 3957
1703.27 of the Revised Code, one hundred twenty-five dollars;3958

       (2) A biennial report or biennial statement pursuant to 3959
section 1775.63, 1776.83, or 1785.06 of the Revised Code, 3960
twenty-five dollars;3961

       (3) Except as otherwise provided in this section or any other 3962
section of the Revised Code, any other certificate or paper that 3963
is required to be filed and recorded or is permitted to be filed 3964
and recorded by any provision of the Revised Code with the 3965
secretary of state, twenty-five dollars.3966

       (J) For filing any certificate or paper not required to be 3967
recorded, five dollars;3968

       (K)(1) For making copies of any certificate or other paper 3969
filed in the office of the secretary of state, a fee not to exceed 3970
one dollar per page, except as otherwise provided in the Revised 3971
Code, and for creating and affixing the seal of the office of the 3972
secretary of state to any good standing or other certificate, five 3973
dollars. For copies of certificates or papers required by state 3974
officers for official purpose, no charge shall be made.3975

       (2) For creating and affixing the seal of the office of the 3976
secretary of state to the certificates described in division (E) 3977
of section 1701.81, division (E) of section 1701.811, division (E) 3978
of section 1705.38, division (E) of section 1705.381, division (D) 3979
of section 1702.43, division (E) of section 1775.47, division (E) 3980
of section 1775.55, division (E) of section 1776.70, division (E) 3981
of section 1776.74, division (E) of section 1782.433, or division 3982
(E) of section 1782.4310 of the Revised Code, twenty-five dollars.3983

       (L) For a minister's license to solemnize marriages, ten 3984
dollars;3985

       (M) For examining documents to be filed at a later date for 3986
the purpose of advising as to the acceptability of the proposed 3987
filing, fifty dollars;3988

       (N) Fifty dollars for filing and recording any of the 3989
following:3990

       (1) A certificate of dissolution and accompanying documents, 3991
or a certificate of cancellation, under section 1701.86, 1702.47, 3992
1705.43, 1776.65, or 1782.10 of the Revised Code;3993

       (2) A notice of dissolution of a foreign licensed corporation 3994
or a certificate of surrender of license by a foreign licensed 3995
corporation under section 1703.17 of the Revised Code;3996

       (3) The withdrawal of registration of a foreign or domestic 3997
limited liability partnership under section 1775.61, 1775.64, 3998
1776.81, or 1776.86 of the Revised Code, or the certificate of 3999
cancellation of registration of a foreign limited liability 4000
company under section 1705.57 of the Revised Code;4001

       (4) The filing of a statement of denial under section 1776.34 4002
of the Revised Code, a statement of dissociation under section 4003
1776.57 of the Revised Code, a statement of disclaimer of general 4004
partner status under Chapter 1782. of the Revised Code, or a 4005
cancellation of disclaimer of general partner status under Chapter 4006
1782. of the Revised Code.4007

       (O) For filing a statement of continued existence by a 4008
nonprofit corporation, twenty-five dollars;4009

       (P) For filing a restatement under section 1705.08 or 1782.09 4010
of the Revised Code, an amendment to a certificate of cancellation 4011
under section 1782.10 of the Revised Code, an amendment under 4012
section 1705.08 or 1782.09 of the Revised Code, or a correction 4013
under section 1705.55, 1775.61, 1775.64, 1776.12, or 1782.52 of 4014
the Revised Code, fifty dollars;4015

       (Q) For filing for reinstatement of an entity cancelled by 4016
operation of law, by the secretary of state, by order of the 4017
department of taxation, or by order of a court, twenty-five 4018
dollars;4019

       (R) For filing aand recording any of the following:4020

       (1) A change of agent, resignation of agent, or change of 4021
agent's address under section 1701.07, 1702.06, 1703.041, 1703.27, 4022
1705.06, 1705.55, 1746.04, 1747.03, 1776.07, or 1782.04 of the 4023
Revised Code, twenty-five dollars;4024

       (2) A multiple change of agent name or address, 4025
standardization of agent address, or resignation of agent under 4026
section 1701.07, 1702.06, 1703.041, 1703.27, 1705.06, 1705.55, 4027
1746.04, 1747.03, 1776.07, or 1782.04 of the Revised Code, one 4028
hundred twenty-five dollars, plus three dollars per entity record 4029
being changed, by the multiple agent update.4030

       (S) For filing and recording any of the following:4031

       (1) An application for the exclusive right to use a name or 4032
an application to reserve a name for future use under section 4033
1701.05, 1702.05, 1703.31, 1705.05, or 1746.06 of the Revised 4034
Code, fifty dollars;4035

       (2) A trade name or fictitious name registration or report, 4036
fifty dollars;4037

       (3) An application to renew any item covered by division 4038
(S)(1) or (2) of this section that is permitted to be renewed, 4039
twenty-five dollars;4040

       (4) An assignment of rights for use of a name covered by 4041
division (S)(1), (2), or (3) of this section, the cancellation of 4042
a name registration or name reservation that is so covered, or 4043
notice of a change of address of the registrant of a name that is 4044
so covered, twenty-five dollars.4045

       (T) For filing and recording a report to operate a business 4046
trust or a real estate investment trust, either foreign or 4047
domestic, one hundred twenty-five dollars; and for filing and 4048
recording an amendment to a report or associated trust instrument, 4049
or a surrender of authority, to operate a business trust or real 4050
estate investment trust, fifty dollars;4051

       (U)(1) For filing and recording the registration of a 4052
trademark, service mark, or mark of ownership, one hundred 4053
twenty-five dollars;4054

       (2) For filing and recording the change of address of a 4055
registrant, the assignment of rights to a registration, a renewal 4056
of a registration, or the cancellation of a registration 4057
associated with a trademark, service mark, or mark of ownership, 4058
twenty-five dollars.4059

       (V) For filing a service of process with the secretary of 4060
state, five dollars, except as otherwise provided in any section 4061
of the Revised Code.4062

       Fees specified in this section may be paid by cash, check, or 4063
money order, by credit card in accordance with section 113.40 of 4064
the Revised Code, or by an alternative payment program in 4065
accordance with division (B) of section 111.18 of the Revised 4066
Code. Any credit card number or the expiration date of any credit 4067
card is not subject to disclosure under Chapter 149. of the 4068
Revised Code.4069

       Sec. 111.18.  (A) The secretary of state shall keep a record 4070
of all fees collected by the secretary of state and, subject to 4071
division (B) of section 1309.528 of the Revised Code and except as 4072
otherwise provided in the Revised Code, shall pay them into the 4073
state treasury to the credit of the corporate and uniform 4074
commercial code filing fund created by section 1309.528 of the 4075
Revised Code.4076

       (B) The secretary of state may implement alternative payment 4077
programs that permit payment of any fee charged by the secretary 4078
of state by means other than cash, check, money order, or credit 4079
card; an alternative payment program may include, but is not 4080
limited to, one that permits a fee to be paid by electronic means 4081
of transmission. Fees paid under an alternative payment program 4082
shall be deposited to the credit of the secretary of state 4083
alternative payment program fund, which is hereby created in the 4084
state treasury. Any investment income of the secretary of state 4085
alternative payment program fund shall be credited to that fund 4086
and used to operate the alternative payment program. Within two 4087
working days following the deposit of funds to the credit of the 4088
secretary of state alternative payment program fund, the secretary 4089
of state shall pay those funds to the credit of the corporate and 4090
uniform commercial code filing fund, subject to division (B) of 4091
section 1309.401 of the Revised Code and except as otherwise 4092
provided in the Revised Code.4093

       The secretary of state shall adopt rules necessary to carry 4094
out the purposes of this division.4095

       Sec. 111.181. There is hereby created in the state treasury 4096
the information systems fund. The fund shall receive revenues from 4097
fees charged to customers for special database requests, including 4098
corporate and uniform commercial code filings. The secretary of 4099
state shall use the fund for information technology related 4100
expenses of the office.4101

       Sec. 111.28.  (A) There is hereby created in the state 4102
treasury the help America vote act (HAVA) fund. All moneys 4103
received by the secretary of state from the United States election 4104
assistance commission shall be credited to the fund. The secretary 4105
of state shall use the moneys credited to the fund for activities 4106
conducted pursuant to the "Help America Vote Act of 2002," Pub. L. 4107
No. 107-252, 116 Stat. 1666. All investment earnings of the fund 4108
shall be credited to the fund.4109

       (B) There is hereby created in the state treasury the 4110
election reform/health and human services fund. All moneys 4111
received by the secretary of state from the United States 4112
department of health and human services shall be credited to the 4113
fund. The secretary of state shall use the moneys credited to the 4114
fund for activities conducted pursuant to grants awarded to the 4115
state under Title II, Subtitle D, Sections 261 to 265 of the Help 4116
America Vote Act of 2002 to assure access for individuals with 4117
disabilities. All investment earnings of the fund shall be 4118
credited to the fund.4119

       Sec. 111.29.  There is hereby created in the state treasury 4120
the citizen education fund. The fund shall receive gifts, grants, 4121
fees, and donations from private individuals and entities for 4122
voter education purposes. The secretary of state shall use the 4123
moneys credited to the fund for preparing, printing, and 4124
distributing voter registration and educational materials and for 4125
conducting related workshops and conferences for public education.4126

       Sec. 117.101.  The auditor of state shall provide, operate, 4127
and maintain a uniform and compatible computerized financial 4128
management and accounting system known as the uniform accounting 4129
network. The network shall be designed to provide public offices, 4130
other than state agencies and the Ohio education computer network 4131
and public school districts, with efficient and economical access 4132
to data processing and management information facilities and 4133
expertise. In accordance with this objective, activities of the 4134
network shall include, but not be limited to, provision, 4135
maintenance, and operation of the following facilities and 4136
services:4137

       (A) A cooperative program of technical assistance for public 4138
offices, other than state agencies and the Ohio education computer 4139
network and public school districts, including, but not limited 4140
to, an adequate computer software system and a data base;4141

       (B) An information processing service center providing 4142
approved computerized financial accounting and reporting services 4143
to participating public offices.4144

       The auditor of state and any public office, other than a 4145
state agency and the Ohio education computer network and public 4146
school districts, may enter into any necessary agreements, without 4147
advertisement or bidding, for the provision of necessary goods, 4148
materials, supplies, and services to such public offices by the 4149
auditor of state through the network.4150

       The auditor of state may, by rule, provide for a system of 4151
user fees to be charged participating public offices for goods, 4152
materials, supplies, and services received from the network. All 4153
such fees shall be paid into the state treasury to the credit of 4154
the uniform accounting network fund, which is hereby created. The 4155
fund shall be used by the auditor of state to pay the costs of 4156
establishing and maintaining the network. The fund shall be 4157
assessed a proportionate share of the auditor of state's 4158
administrative costs in accordance with procedures prescribed by 4159
the auditor of state and approved by the director of budget and 4160
management.4161

       Sec. 117.13.  (A) The costs of audits of state agencies shall 4162
be recovered by the auditor of state in the following manner:4163

       (1) The costs of all audits of state agencies shall be paid 4164
to the auditor of state on statements rendered by the auditor of 4165
state. Money so received by the auditor of state shall be paid 4166
into the state treasury to the credit of the public audit expense 4167
fund--intrastate, which is hereby created, and shall be used to 4168
pay costs related to such audits. The costs of audits of a state 4169
agency shall be charged to the state agency being audited. The 4170
costs of any assistant auditor, employee, or expert employed 4171
pursuant to section 117.09 of the Revised Code called upon to 4172
testify in any legal proceedings in regard to any audit, or called 4173
upon to review or discuss any matter related to any audit, may be 4174
charged to the state agency to which the audit relates.4175

       (2) The auditor of state shall establish by rule rates to be 4176
charged to state agencies for recovering the costs of audits of 4177
state agencies.4178

       (B) As used in this division, "government auditing standards" 4179
means the government auditing standards published by the 4180
comptroller general of the United States general accounting 4181
office.4182

       (1) Except as provided in divisions (B)(2) and (3) of this 4183
section, any costs of an audit of a private institution, 4184
association, board, or corporation receiving public money for its 4185
use shall be charged to the public office providing the public 4186
money in the same manner as costs of an audit of the public 4187
office.4188

       (2) If an audit of a private child placing agency or private 4189
noncustodial agency receiving public money from a public children 4190
services agency for providing child welfare or child protection 4191
services sets forth that money has been illegally expended, 4192
converted, misappropriated, or is unaccounted for, the costs of 4193
the audit shall be charged to the agency being audited in the same 4194
manner as costs of an audit of a public office, unless the 4195
findings are inconsequential, as defined by government auditing 4196
standards.4197

       (3) If such an audit does not set forth that money has been 4198
illegally expended, converted, misappropriated, or is unaccounted 4199
for or sets forth findings that are inconsequential, as defined by 4200
government auditing standards, the costs of the audit shall be 4201
charged as follows:4202

       (a) One-third of the costs to the agency being audited;4203

       (b) One-third of the costs to the public children services 4204
agency that provided the public money to the agency being audited;4205

       (c) One-third of the costs to the department of job and 4206
family services.4207

       (C) The costs of audits of local public offices shall be 4208
recovered by the auditor of state in the following manner:4209

       (1) The total amount of compensation paid assistant auditors 4210
of state, their expenses, the cost of employees assigned to assist 4211
the assistant auditors of state, the cost of experts employed 4212
pursuant to section 117.09 of the Revised Code, and the cost of 4213
typing, reviewing, and copying reports shall be borne by the 4214
public office to which such assistant auditors of state are so 4215
assigned, except that annual vacation and sick leave of assistant 4216
auditors of state, employees, and typists shall be financed from 4217
the general revenue fund. The necessary traveling and hotel 4218
expenses of the deputy inspectors and supervisors of public 4219
offices shall be paid from the state treasury. Assistant auditors 4220
of state shall be compensated by the taxing district or other 4221
public office audited for activities undertaken pursuant to 4222
division (B) of section 117.18 and section 117.24 of the Revised 4223
Code. The costs of any assistant auditor, employee, or expert 4224
employed pursuant to section 117.09 of the Revised Code called 4225
upon to testify in any legal proceedings in regard to any audit, 4226
or called upon to review or discuss any matter related to any 4227
audit, may be charged to the public office to which the audit 4228
relates.4229

       (2) The auditor of state shall certify the amount of such 4230
compensation, expenses, cost of experts, reviewing, copying, and 4231
typing to the fiscal officer of the local public office audited. 4232
The fiscal officer of the local public office shall forthwith draw 4233
a warrant upon the general fund or other appropriate funds of the 4234
local public office to the order of the auditor of state; 4235
provided, that the auditor of state is authorized to negotiate 4236
with any local public office and, upon agreement between the 4237
auditor of state and the local public office, may adopt a schedule 4238
for payment of the amount due under this section. Money so 4239
received by the auditor of state shall be paid into the state 4240
treasury to the credit of the public audit expense fund--local 4241
government, which is hereby created, and shall be used to pay the 4242
compensation, expense, cost of experts and employees, reviewing, 4243
copying, and typing of reports.4244

       (3) At the conclusion of each audit, or analysis and report 4245
made pursuant to section 117.24 of the Revised Code, the auditor 4246
of state shall furnish the fiscal officer of the local public 4247
office audited a statement showing the total cost of the audit, or 4248
of the audit and the analysis and report, and the percentage of 4249
the total cost chargeable to each fund audited. The fiscal officer 4250
may distribute such total cost to each fund audited in accordance 4251
with its percentage of the total cost.4252

       (4) The auditor of state shall provide each local public 4253
office a statement or certification of the amount due from the 4254
public office for services performed by the auditor of state under 4255
this or any other section of the Revised Code, as well as the date 4256
upon which payment is due to the auditor of state. Any local 4257
public office that does not pay the amount due to the auditor of 4258
state by that date may be assessed by the auditor of state for 4259
interest from the date upon which the payment is due at the rate 4260
per annum prescribed by section 5703.47 of the Revised Code. All 4261
interest charges assessed by the auditor of state may be collected 4262
in the same manner as audit costs pursuant to division (D) of this 4263
section.4264

       (5) The auditor of state shall establish by rule rates to be 4265
charged to local public offices for recovering the costs of audits 4266
of local public offices.4267

       (D) If the auditor of state fails to receive payment for any 4268
amount due, including, but not limited to, fines, fees, and costs, 4269
from a public office for services performed under this or any 4270
other section of the Revised Code, the auditor of state may seek 4271
payment through the office of budget and management. (Amounts due 4272
include any amount due to an independent public accountant with 4273
whom the auditor has contracted to perform services, all costs and 4274
fees associated with participation in the uniform accounting 4275
network, and all costs associated with the auditor's provision of 4276
local government services.) Upon certification by the auditor of 4277
state to the director of budget and management of any such amount 4278
due, the director shall withhold from the public office any amount 4279
available, up to and including the amount certified as due, from 4280
any funds under the director's control that belong to or are 4281
lawfully payable or due to the public office. The director shall 4282
promptly pay the amount withheld to the auditor of state. If the 4283
director determines that no funds due and payable to the public 4284
office are available or that insufficient amounts of such funds 4285
are available to cover the amount due, the director shall withhold 4286
and pay to the auditor of state the amounts available and, in the 4287
case of a local public office, certify the remaining amount to the 4288
county auditor of the county in which the local public office is 4289
located. The county auditor shall withhold from the local public 4290
office any amount available, up to and including the amount 4291
certified as due, from any funds under the county auditor's 4292
control and belonging to or lawfully payable or due to the local 4293
public office. The county auditor shall promptly pay any such 4294
amount withheld to the auditor of state.4295

       Sec. 118.023. (A) Upon determining that one or more of the 4296
conditions described in section 118.022 of the Revised Code are 4297
present, the auditor of state shall issue a written declaration of 4298
the existence of a fiscal watch to the municipal corporation, 4299
county, or township and the county budget commission. The fiscal 4300
watch shall be in effect until the auditor of state determines 4301
that none of the conditions are any longer present and cancels the 4302
watch, or until the auditor of state determines that a state of 4303
fiscal emergency exists. The auditor of state, or a designee,4304
shall provide such technical and support services to the municipal 4305
corporation, county, or township after a fiscal watch has been 4306
declared to exist as the auditor of state considers necessary. The 4307
controlling board shall provide sufficient funds for any costs 4308
that the auditor of state may incur in determining if a fiscal 4309
watch exists and for providing technical and support services.4310

       (B) Within one hundred twenty days after the day a written 4311
declaration of the existence of a fiscal watch is issued under 4312
division (A) of this section, the mayor of the municipal 4313
corporation, the board of county commissioners of the county, or 4314
the board of township trustees of the township for which a fiscal 4315
watch was declared shall submit to the auditor of state a 4316
financial recovery plan that shall identify actions to be taken to 4317
eliminate all of the conditions described in section 118.022 of 4318
the Revised Code, include a schedule detailing the approximate 4319
dates for beginning and completing the actions, and include a 4320
five-year forecast reflecting the effects of the actions. The 4321
financial recovery plan is subject to review and approval by the 4322
auditor of state. The auditor of state may extend the amount of 4323
time by which a financial recovery plan is required to be filed, 4324
for good cause shown.4325

        (C) If a feasible financial recovery plan for a municipal 4326
corporation, county, or township for which a fiscal watch was 4327
declared is not submitted within the time period prescribed by 4328
division (B) of this section, or within any extension of time 4329
thereof, the auditor of state shall declare that a fiscal 4330
emergency condition exists under section 118.04 of the Revised 4331
Code in the municipal corporation, county, or township.4332

       Sec. 118.025.  (A) The auditor of state shall develop 4333
guidelines for identifying fiscal practices and budgetary 4334
conditions of municipal corporations, counties, and townships 4335
that, if uncorrected, could result in a future declaration of a 4336
fiscal watch or fiscal emergency.4337

       (B) If the auditor of state determines that a municipal 4338
corporation, county, or township is engaging in any of those 4339
practices or that any of those conditions exist, the auditor of 4340
state may declare the municipal corporation, county, or township 4341
to be under a fiscal caution.4342

       (C) When the auditor of state declares a fiscal caution, the 4343
auditor of state shall promptly notify the municipal corporation, 4344
county, or township of that declaration and shall request the 4345
municipal corporation, county, or township to provide written 4346
proposals for discontinuing or correcting the fiscal practices or 4347
budgetary conditions that prompted the declaration and for 4348
preventing the municipal corporation, county, or township from 4349
experiencing further fiscal difficulties that could result in a 4350
declaration of fiscal watch or fiscal emergency.4351

       (D) The auditor of state, or a designee, may visit and 4352
inspect any municipal corporation, county, or township that is 4353
declared to be under a fiscal caution. The auditor of state may 4354
provide technical assistance to the municipal corporation, county, 4355
or township in implementing proposals to eliminate the practices 4356
or budgetary conditions that prompted the declaration of fiscal 4357
caution and may make recommendations concerning those proposals.4358

       (E) If the auditor of state finds that a municipal 4359
corporation, county, or township declared to be under a fiscal 4360
caution has not made reasonable proposals or otherwise taken 4361
action to discontinue or correct the fiscal practices or budgetary 4362
conditions that prompted the declaration of fiscal caution, and if 4363
the auditor of state considers it necessary to prevent further 4364
fiscal decline, the auditor of state may determine that the 4365
municipal corporation, county, or township should be in a state of 4366
fiscal watch.4367

       (F) The controlling board shall provide sufficient funds for 4368
any costs incurred by the auditor of state in determining if a 4369
fiscal caution exists and for providing technical and support 4370
services.4371

       Sec. 118.04.  (A) The existence of a fiscal emergency 4372
condition constitutes a fiscal emergency. The existence of fiscal 4373
emergency conditions shall be determined by the auditor of state. 4374
Such determination, for purposes of this chapter, may be made only 4375
upon the filing with the auditor of state of a written request for 4376
such a determination by the governor, by the county budget 4377
commission, by the mayor of the municipal corporation, or by the 4378
presiding officer of the legislative authority of the municipal 4379
corporation when authorized by a majority of the members of such 4380
legislative authority, by the board of county commissioners, or by 4381
the board of township trustees, or upon initiation by the auditor 4382
of state. The request may designate in general or specific terms, 4383
but without thereby limiting the determination thereto, the 4384
condition or conditions to be examined to determine whether they 4385
constitute fiscal emergency conditions. Promptly upon receipt of 4386
such written request, or upon initiation by the auditor of state, 4387
the auditor of state shall transmit copies of such request or a 4388
written notice of such initiation to the mayor and the presiding 4389
officer of the legislative authority of the municipal corporation 4390
or to the board of county commissioners or the board of township 4391
trustees by personal service or certified mail. Such 4392
determinations shall be set forth in written reports and 4393
supplemental reports, which shall be filed with the mayor, fiscal 4394
officer, and presiding officer of the legislative authority of the 4395
municipal corporation, or with the board of county commissioners 4396
or the board of township trustees, and with the treasurer of 4397
state, secretary of state, governor, director of budget and 4398
management, and county budget commission, within thirty days after 4399
the request. The auditor of state shall so file an initial report 4400
immediately upon determining the existence of any fiscal emergency 4401
condition.4402

       (B) In making such determination, the auditor of state may 4403
rely on reports or other information filed or otherwise made 4404
available by the municipal corporation, county, or township, 4405
accountants' reports, or other sources and data the auditor of 4406
state considers reliable for such purpose. As to the status of 4407
funds or accounts, a determination that the amounts stated in 4408
section 118.03 of the Revised Code are exceeded may be made 4409
without need for determination of the specific amount of the 4410
excess. The auditor of state may engage the services of 4411
independent certified or registered public accountants, including 4412
public accountants engaged or previously engaged by the municipal 4413
corporation, county, or township, to conduct audits or make 4414
reports or render such opinions as the auditor of state considers 4415
desirable with respect to any aspect of the determinations to be 4416
made by the auditor of state.4417

       (C) A determination by the auditor of state under this 4418
section that a fiscal emergency condition does not exist is final 4419
and conclusive and not appealable. A determination by the auditor 4420
of state under this section that a fiscal emergency exists is 4421
final, except that the mayor of any municipal corporation affected 4422
by a determination of the existence of a fiscal emergency 4423
condition under this section, when authorized by a majority of the 4424
members of the legislative authority, or the board of county 4425
commissioners or board of township trustees, may appeal the 4426
determination of the existence of a fiscal emergency condition to 4427
the court of appeals having territorial jurisdiction over the 4428
municipal corporation, county, or township. The appeal shall be 4429
heard expeditiously by the court of appeals and for good cause 4430
shown shall take precedence over all other civil matters except 4431
earlier matters of the same character. Notice of such appeal must 4432
be filed with the auditor of state and such court within thirty 4433
days after certification by the auditor of state to the mayor and 4434
presiding officer of the legislative authority of the municipal 4435
corporation or to the board of county commissioners or board of 4436
township trustees as provided for in division (A) of this section. 4437
In such appeal, determinations of the auditor of state shall be 4438
presumed to be valid and the municipal corporation, county, or 4439
township shall have the burden of proving, by clear and convincing 4440
evidence, that each of the determinations made by the auditor of 4441
state as to the existence of a fiscal emergency condition under 4442
section 118.03 of the Revised Code was in error. If the municipal 4443
corporation, county, or township fails, upon presentation of its 4444
case, to prove by clear and convincing evidence that each such 4445
determination by the auditor of state was in error, the court 4446
shall dismiss the appeal. The municipal corporation, county, or 4447
township and the auditor of state may introduce any evidence 4448
relevant to the existence or nonexistence of such fiscal emergency 4449
conditions at the times indicated in the applicable provisions of 4450
divisions (A) and (B) of section 118.03 of the Revised Code. The 4451
pendency of any such appeal shall not affect or impede the 4452
operations of this chapter; no restraining order, temporary 4453
injunction, or other similar restraint upon actions consistent 4454
with this chapter shall be imposed by the court or any court 4455
pending determination of such appeal; and all things may be done 4456
under this chapter that may be done regardless of the pendency of 4457
any such appeal. Any action taken or contract executed pursuant to 4458
this chapter during the pendency of such appeal is valid and 4459
enforceable among all parties, notwithstanding the decision in 4460
such appeal. If the court of appeals reverses the determination of 4461
the existence of a fiscal emergency condition by the auditor of 4462
state, the determination no longer has any effect, and any 4463
procedures undertaken as a result of the determination shall be 4464
terminated.4465

       (D) AllThe auditor of state shall be reimbursed for any4466
expenses incurred by the auditor of state relating to a 4467
determination or termination of a fiscal emergency under this 4468
section or a fiscal watch under section 118.021 of the Revised 4469
Code shall be reimbursed from an appropriation for that purpose, 4470
including technical and support services. If necessary, the 4471
controlling board shall provide sufficient funds for these 4472
purposes.4473

       Sec. 118.05.  (A) Pursuant to the powers of the general 4474
assembly and for the purposes of this chapter, upon the occurrence 4475
of a fiscal emergency in any municipal corporation, county, or 4476
township, as determined pursuant to section 118.04 of the Revised 4477
Code, there is established, with respect to that municipal 4478
corporation, county, or township, a body both corporate and 4479
politic constituting an agency and instrumentality of the state 4480
and performing essential governmental functions of the state to be 4481
known as the "financial planning and supervision commission for 4482
............... (name of municipal corporation, county, or 4483
township)," which, in that name, may exercise all authority vested 4484
in such a commission by this chapter. AExcept as otherwise 4485
provided in division (L) of this section, a separate commission is 4486
established with respect to each municipal corporation, county, or 4487
township as to which there is a fiscal emergency as determined 4488
under this chapter.4489

       (B) A commission shall consist of the following voting 4490
members:4491

       (1) Four ex officio members: the treasurer of state; the 4492
director of budget and management; in the case of a municipal 4493
corporation, the mayor of the municipal corporation and the4494
presiding officer of the legislative authority of the municipal 4495
corporation; in the case of a county, the president of the board 4496
of county commissioners and the county auditor; and in the case of 4497
a township, a member of the board of township trustees; and the 4498
county auditor or county fiscal officer.4499

       The treasurer of state may designate a deputy treasurer or 4500
director within the office of the treasurer of state or any other 4501
appropriate person who is not an employee of the treasurer of 4502
state's office; the director of budget and management may 4503
designate an individual within the office of budget and management 4504
or any other appropriate person who is not an employee of the 4505
office of budget and management; the mayor may designate a 4506
responsible official within the mayor's office or the fiscal 4507
officer of the municipal corporation; the presiding officer of the 4508
legislative authority of the municipal corporation may designate 4509
any other member of the legislative authority; the board of county 4510
commissioners may designate any other member of the board or the 4511
fiscal officer of the county; and the board of township trustees 4512
may designate any other member of the board or the fiscal officer 4513
of the township to attend the meetings of the commission when the 4514
ex officio member is absent or unable for any reason to attend. A 4515
designee, when present, shall be counted in determining whether a 4516
quorum is present at any meeting of the commission and may vote 4517
and participate in all proceedings and actions of the commission. 4518
The designations shall be in writing, executed by the ex officio 4519
member or entity making the designation, and filed with the 4520
secretary of the commission. The designations may be changed from 4521
time to time in like manner, but due regard shall be given to the 4522
need for continuity.4523

       (2) If a municipal corporation, county, or township has a 4524
population of at least one thousand, three members nominated and 4525
appointed as follows:4526

       The mayor and presiding officer of the legislative authority 4527
of the municipal corporation, the board of county commissioners, 4528
or the board of township trustees shall, within ten days after the 4529
determination of the fiscal emergency by the auditor of state 4530
under section 118.04 of the Revised Code, submit in writing to the 4531
governor the nomination of five persons agreed to by them and 4532
meeting the qualifications set forth in this division. If the 4533
governor is not satisfied that at least three of the nominees are 4534
well qualified, the governor shall notify the mayor and presiding 4535
officer, or the board of county commissioners, or the board of 4536
township trustees to submit in writing, within five days, 4537
additional nominees agreed upon by them, not exceeding three. The 4538
governor shall appoint three members from all the agreed-upon 4539
nominees so submitted or a lesser number that the governor 4540
considers well qualified within thirty days after receipt of the 4541
nominations, and shall fill any remaining positions on the 4542
commission by appointment of any other persons meeting the 4543
qualifications set forth in this division. All appointments by the 4544
governor shall be made with the advice and consent of the senate. 4545
Each of the three appointed members shall serve during the life of 4546
the commission, subject to removal by the governor for 4547
misfeasance, nonfeasance, or malfeasance in office. In the event 4548
of the death, resignation, incapacity, removal, or ineligibility 4549
to serve of an appointed member, the governor, pursuant to the 4550
process for original appointment, shall appoint a successor.4551

       (3) If a municipal corporation, county, or township has a 4552
population of less than one thousand, one member nominated and 4553
appointed as follows:4554

       The mayor and presiding officer of the legislative authority 4555
of the municipal corporation, the board of county commissioners, 4556
or the board of township trustees shall, within ten days after the 4557
determination of the fiscal emergency by the auditor of state 4558
under section 118.04 of the Revised Code, submit in writing to the 4559
governor the nomination of three persons agreed to by them and 4560
meeting the qualifications set forth in this division. If the 4561
governor is not satisfied that at least one of the nominees is 4562
well qualified, the governor shall notify the mayor and presiding 4563
officer, or the board of county commissioners, or the board of 4564
township trustees to submit in writing, within five days, 4565
additional nominees agreed upon by them, not exceeding three. The 4566
governor shall appoint one member from all the agreed-upon 4567
nominees so submitted or shall fill the position on the commission 4568
by appointment of any other person meeting the qualifications set 4569
forth in this division. All appointments by the governor shall be 4570
made with the advice and consent of the senate. The appointed 4571
member shall serve during the life of the commission, subject to 4572
removal by the governor for misfeasance, nonfeasance, or 4573
malfeasance in office. In the event of the death, resignation, 4574
incapacity, removal, or ineligibility to serve of the appointed 4575
member, the governor, pursuant to the process for original 4576
appointment, shall appoint a successor.4577

       Each appointed member shall be an individual:4578

       (a) Who has knowledge and experience in financial matters, 4579
financial management, or business organization or operations;4580

       (b) WhoseOne member appointed by the governor, whose4581
residency, office, or principal place of professional or business 4582
activity is situated within the municipal corporation, county, or 4583
township;4584

       (c) Who shall not become a candidate for elected public 4585
office while serving as a member of the commission.4586

       (C) Immediately after appointment of the initial appointed 4587
member or members of the commission, the governor shall call the 4588
first meeting of the commission and shall cause written notice of 4589
the time, date, and place of the first meeting to be given to each 4590
member of the commission at least forty-eight hours in advance of 4591
the meeting.4592

       (D) The director of budget and management shall serve as 4593
chairperson of the commission. The commission shall elect one of 4594
its members to serve as vice-chairperson and may appoint a 4595
secretary and any other officers, who need not be members of the 4596
commission, it considers necessary. The chairperson may remove the 4597
member appointed by the governor if that member fails to attend 4598
three consecutive meetings. In that event, the governor shall fill 4599
the vacancy in the same manner as the original appointment.4600

       (E) The commission may adopt and alter bylaws and rules, 4601
which shall not be subject to section 111.15 or Chapter 119. of 4602
the Revised Code, for the conduct of its affairs and for the 4603
manner, subject to this chapter, in which its powers and functions 4604
shall be exercised and embodied.4605

       (F) Four members of a commission established pursuant to 4606
divisions (B)(1) and (2) of this section constitute a quorum of 4607
the commission. The affirmative vote of a majority of the members 4608
of such a commission is necessary for any action taken by vote of 4609
the commission. Three members of a commission established 4610
pursuant to divisions (B)(1) and (3) of this section constitute a 4611
quorum of the commission. The affirmative vote of a majority of 4612
the members of such athe commission is necessary for any action 4613
taken by vote of the commission. No vacancy in the membership of 4614
the commission shall impair the rights of a quorum by such vote to 4615
exercise all the rights and perform all the duties of the 4616
commission. Members of the commission, and their designees, are 4617
not disqualified from voting by reason of the functions of the 4618
other office they hold and are not disqualified from exercising 4619
the functions of the other office with respect to the municipal 4620
corporation, county, or township, its officers, or the commission.4621

       (G) The auditor of state shall serve as the "financial 4622
supervisor" to the commission unless the auditor of state elects 4623
to contract for that service. As used in this chapter, "financial 4624
supervisor" means the auditor of state.4625

       (H) At the request of the commission, the auditor of state 4626
shall designate employees of the auditor of state's office to 4627
assist the commission and the financial supervisor and to 4628
coordinate the work of the auditor of state's office and the 4629
financial supervisor. Upon the determination of a fiscal emergency 4630
in any municipal corporation, county, or township, the municipal 4631
corporation, county, or township shall provide the commission with 4632
such reasonable office space in the principal building housing 4633
city, county, or township government, where feasible, as it 4634
determines is necessary to carry out its duties under this 4635
chapter.4636

       (I) The financial supervisor, the members of the commission, 4637
the auditor of state, and any person authorized to act on behalf 4638
of or assist them shall not be personally liable or subject to any 4639
suit, judgment, or claim for damages resulting from the exercise 4640
of or failure to exercise the powers, duties, and functions 4641
granted to them in regard to their functioning under this chapter, 4642
but the commission, the financial supervisor, the auditor of 4643
state, and those other persons shall be subject to mandamus 4644
proceedings to compel performance of their duties under this 4645
chapter and with respect to any debt obligations issued pursuant 4646
or subject to this chapter.4647

       (J) At the request of the commission, the administrative head 4648
of any state agency shall temporarily assign personnel skilled in 4649
accounting and budgeting procedures to assist the commission or 4650
the financial supervisor in its duties as financial supervisor.4651

       (K) The appointed members of the commission are not subject 4652
to section 102.02 of the Revised Code. Each appointed member of 4653
the commission shall file with the commission a signed written 4654
statement setting forth the general nature of sales of goods, 4655
property, or services or of loans to the municipal corporation, 4656
county, or township with respect to which that commission is 4657
established, in which the appointed member has a pecuniary 4658
interest or in which any member of the appointed member's 4659
immediate family, as defined in section 102.01 of the Revised 4660
Code, or any corporation, partnership, or enterprise of which the 4661
appointed member is an officer, director, or partner, or of which 4662
the appointed member or a member of the appointed member's 4663
immediate family, as so defined, owns more than a five per cent 4664
interest, has a pecuniary interest, and of which sale, loan, or 4665
interest such member has knowledge. The statement shall be 4666
supplemented from time to time to reflect changes in the general 4667
nature of any such sales or loans.4668

       (L) A commission is not established with respect to any 4669
village or township with a population of less than two thousand 4670
five hundred as of the most recent federal decennial census. Upon 4671
the occurrence of a fiscal emergency in such a village or 4672
township, the auditor of state shall serve as the financial 4673
supervisor of the village or township and shall have all the 4674
powers and responsibilities of a commission.4675

       Sec. 118.06.  (A) Within one hundred twenty days after the 4676
first meeting of the commission, the mayor of the municipal 4677
corporation or the board of county commissioners or board of 4678
township trustees shall submit to the commission a detailed 4679
financial plan, as approved or amended and approved by ordinance 4680
or resolution of the legislative authority, containing the 4681
following:4682

       (1) Actions to be taken by the municipal corporation, county, 4683
or township to:4684

       (a) Eliminate all fiscal emergency conditions determined to 4685
exist pursuant to section 118.04 of the Revised Code;4686

       (b) Satisfy any judgments, past due accounts payable, and all 4687
past due and payable payroll and fringe benefits;4688

       (c) Eliminate the deficits in all deficit funds;4689

       (d) Restore to construction funds and other special funds 4690
moneys from such funds that were used for purposes not within the 4691
purposes of such funds, or borrowed from such construction funds 4692
by the purchase of debt obligations of the municipal corporation, 4693
county, or township with the moneys of such funds, or missing from 4694
the construction funds or such special funds and not accounted 4695
for;4696

       (e) Balance the budgets, avoid future deficits in any funds, 4697
and maintain current payments of payroll, fringe benefits, and all 4698
accounts;4699

       (f) Avoid any fiscal emergency condition in the future;4700

       (g) Restore the ability of the municipal corporation, county, 4701
or township to market long-term general obligation bonds under 4702
provisions of law applicable to municipal corporations, counties, 4703
or townships generally.4704

       (2) The legal authorities permitting the municipal 4705
corporation, county, or township to take the actions enumerated 4706
pursuant to division (A)(1) of this section;4707

       (3) The approximate dates of the commencement, progress upon, 4708
and completion of the actions enumerated pursuant to division 4709
(A)(1) of this section, a five-year forecast reflecting the 4710
effects of those actions, and a reasonable period of time 4711
expected to be required to implement the plan. The municipal 4712
corporation, county, or township, in consultation with the 4713
commission and the financial supervisor, shall prepare a 4714
reasonable time schedule for progress toward and achievement of 4715
the requirements for the financial plan and the financial plan 4716
shall be consistent with that time schedule.4717

       (4) The amount and purpose of any issue of debt obligations 4718
that will be issued, together with assurances that any such debt 4719
obligations that will be issued will not exceed debt limits 4720
supported by appropriate certifications by the fiscal officer of 4721
the municipal corporation, county, or township and the county 4722
auditor;4723

       (5) Assurances that the municipal corporation, county, or 4724
township will establish monthly levels of expenditures and 4725
encumbrances pursuant to division (B)(2) of section 118.07 of the 4726
Revised Code;4727

       (6) Assurances that the municipal corporation, county, or 4728
township will conform to statutes with respect to tax budgets and 4729
appropriation measures;4730

       (7) The detail, the form, and the supporting information that 4731
the commission may direct.4732

       (B) The financial plan developed pursuant to division (A) of 4733
this section shall be filed with the financial supervisor and the 4734
financial planning and supervision commission and shall be updated 4735
annually. After consultation with the financial supervisor, the 4736
commission shall either approve or reject any initial or 4737
subsequent financial plan. If the commission rejects the initial 4738
or any subsequent financial plan, it shall forthwith inform the 4739
mayor and legislative authority of the municipal corporation or 4740
the board of county commissioners or board of township trustees of 4741
the reasons for its rejection. Within thirty days after the 4742
rejection of any plan, the mayor with the approval of the 4743
legislative authority by the passage of an ordinance or 4744
resolution, or the board of county commissioners or board of 4745
township trustees, shall submit another plan meeting the 4746
requirements of divisions (A)(1) to (7) of this section, to the 4747
commission and the financial supervisor for approval or rejection 4748
by the commission.4749

       (C) Any initial or subsequent financial plan passed by the 4750
municipal corporation, county, or township shall be approved by 4751
the commission if it complies with divisions (A)(1) to (7) of this 4752
section, and if the commission finds that the plan is bona fide 4753
and can reasonably be expected to be implemented within the period 4754
specified in the plan.4755

       (D) Any financial plan may be amended subsequent to its 4756
adoption in the same manner as the passage and approval of the 4757
initial or subsequent plan pursuant to divisions (A) to (C) of 4758
this section.4759

       (E) If a municipal corporation, county, or township fails to 4760
submit a financial plan as required by this section, or fails to 4761
substantially comply with an approved financial plan, upon 4762
certification of the commission, all state funding for that 4763
municipal corporation, county, or township other than benefit 4764
assistance to individuals shall be escrowed until a feasible plan 4765
is submitted and approved or substantial compliance with the plan 4766
is achieved, as the case may be.4767

       Sec. 118.12.  (A) After the date by which the municipal 4768
corporation, county, or township is required to submit a financial 4769
plan or segment of a financial plan to the financial planning and 4770
supervision commission, if the municipal corporation, county, or 4771
township has failed to submit a financial plan or segment as 4772
required by this chapter, expenditures from the general fund of 4773
the municipal corporation, county, or township in any month may 4774
not exceed eighty-five per cent of expenditures from the general 4775
fund for such month in the preceding fiscal year, except the 4776
commission may authorize a higher per cent for any month upon 4777
justification of need by the municipal corporation, county, or 4778
township. If considered prudent by the commission, expenditures 4779
from any other fund of the municipal corporation, county, or 4780
township also may be limited.4781

       (B) After submission of a proposed financial plan by the 4782
municipal corporation, county, or township to the commission, 4783
until approval or disapproval no expenditure may be made contrary 4784
to such proposed financial plan.4785

       (C) After disapproval by the commission of a proposed 4786
financial plan, no expenditure may be made by the municipal 4787
corporation, county, or township inconsistent with the reasons for 4788
disapproval given pursuant to division (B) of section 118.06 of 4789
the Revised Code; and if the municipal corporation, county, or 4790
township fails to submit a revised financial plan within the time 4791
required, the expenditure limits of division (A) of this section 4792
are applicable.4793

       (D) After approval of a financial plan, or any amendment 4794
thereof, no expenditure may be made contrary to the approved 4795
financial plan, or amendment thereof, without the advance approval 4796
of the financial supervisor. The commission, by a majority vote, 4797
may overrule the decision of the financial supervisor.4798

       Sec. 118.17.  (A) During a fiscal emergency period and with 4799
the approval of the financial planning and supervision commission, 4800
a municipal corporation, county, or township may issue local 4801
government fund notes, in anticipation of amounts to be allocated 4802
to it pursuant to division (B) of section 5747.50 of the Revised 4803
Code or to be apportioned to it under section 5747.51 or 5747.53 4804
of the Revised Code in a future year or years, for a period of no 4805
more than eight calendar years. The principal amount of the notes 4806
and interest on the notes due and payable in any year shall not 4807
exceed fifty per cent of the total amount of local government fund 4808
moneys so allocated or apportioned to the municipal corporation, 4809
county, or township for the year preceding the year in which the 4810
notes are issued. The notes may mature in semiannual or annual 4811
installments in such amounts as may be fixed by the commission, 4812
and need not mature in substantially equal semiannual or annual 4813
installments. The notes of a municipal corporation may be 4814
authorized and issued, subject to the approval of the commission, 4815
in the manner provided in sections 717.15 and 717.16 of the 4816
Revised Code, except that, notwithstanding division (A)(2) of 4817
section 717.16 of the Revised Code, the rate or rates of interest 4818
payable on the notes shall be the prevailing market rate or rates 4819
as determined and approved by the commission, and except that they 4820
shall not be issued in anticipation of bonds, shall not constitute 4821
general obligations of the municipal corporation, and shall not 4822
pledge the full faith and credit of the municipal corporation.4823

       (B) The principal and interest on the notes provided for in 4824
this section shall be payable, as provided in this section, solely 4825
from the portion of the local government fund that would otherwise 4826
be apportioned to the municipal corporation, county, or township 4827
and shall not be payable from or constitute a pledge of or claim 4828
upon, or require the levy, collection, or application of, any 4829
unvoted ad valorem property taxes or other taxes, or in any manner 4830
occupy any portion of the indirect debt limit.4831

       (C) Local government fund notes may be issued only to the 4832
extent needed to achieve one or more of the following objectives 4833
of the financial plan:4834

       (1) Satisfying any contractual or noncontractual judgments, 4835
past due accounts payable, and all past due and payable payroll 4836
and fringe benefits to be taken into account under section 118.03 4837
of the Revised Code;4838

       (2) Restoring to construction funds or other restricted funds 4839
any money applied from such funds to uses not within the purposes 4840
of such funds and which could not be transferred to such use under 4841
section 5705.14 of the Revised Code;4842

       (3) Eliminating deficit balances in all deficit funds, 4843
including funds that may be used to pay operating expenses.4844

       In addition to the objectives set forth in divisions (C)(1) 4845
to (3) of this section, local government fund notes may be issued 4846
and the proceeds of those notes may be used for the purpose of 4847
retiring or replacing other moneys used to retire current revenue 4848
notes issued pursuant to section 118.23 of the Revised Code to the 4849
extent that the proceeds of the current revenue notes have been or 4850
are to be used directly or to replace other moneys used to achieve 4851
one or more of the objectives of the financial plan specified in 4852
divisions (C)(1) to (3) of this section. Upon authorization of the 4853
local government fund notes by the legislative authority of the 4854
municipal corporation, county, or township, the proceeds of the 4855
local government fund notes and the proceeds of any such current 4856
revenue notes shall be deemed to be appropriated, to the extent 4857
that the proceeds have been or are to be so used, for the purposes 4858
for which the revenues anticipated by any such current revenue 4859
notes are collected and appropriated within the meaning of section 4860
133.10 of the Revised Code.4861

       (D) The need for an issue of local government fund notes for 4862
such purposes shall be determined by taking into consideration 4863
other money and sources of moneys available therefor under this 4864
chapter or other provisions of law, and calculating the respective 4865
amounts needed therefor in accordance with section 118.03 of the 4866
Revised Code, including the deductions or offsets therein 4867
provided, for determining that a fiscal emergency condition 4868
exists, and by eliminating any duplication of amounts thereunder. 4869
The respective amounts needed to achieve such objectives and the 4870
resulting aggregate net amount shall be determined initially by a 4871
certification of the fiscal officer as and to the extent approved 4872
by the financial supervisor. The principal amount of such notes 4873
shall not exceed the aggregate net amount needed for such 4874
purposes. The aggregate amount of all issues of such notes shall 4875
not exceed three times the average of the allocation or 4876
apportionment to the municipal corporation, county, or township of 4877
moneys from the local government fund in each of the three fiscal 4878
years preceding the fiscal year in which the notes are issued.4879

       (E) The proceeds of the sale of local government fund notes 4880
shall be appropriated by the municipal corporation, county, or 4881
township for and shall be applied only to the purposes, and in the 4882
respective amounts for those purposes, set forth in the 4883
certification given pursuant to division (D) of this section, as 4884
the purposes and amounts may be modified in the approval by the 4885
commission provided for in this section. The proceeds shall be 4886
deposited in separate accounts with a fiscal agent designated in 4887
the resolution referred to in division (F) of this section and 4888
released only for such respective purposes in accordance with the 4889
procedures set forth in division (D) of section 118.20 of the 4890
Revised Code. Any amounts not needed for such purposes shall be 4891
deposited with the fiscal agent designated to receive deposits for 4892
payment of the principal of and interest due on the notes.4893

       (F) An application for approval by the financial planning and 4894
supervision commission of an issue of local government fund notes 4895
shall be authorized by a preliminary resolution adopted by the 4896
legislative authority. The resolution may authorize the 4897
application as a part of the initial submission of the financial 4898
plan for approval or as a part of any proposed amendment to an 4899
approved financial plan or at any time after the approval of a 4900
financial plan, or amendment to a financial plan, that proposes 4901
the issue of such notes. The preliminary resolution shall 4902
designate a fiscal agent for the deposit of the proceeds of the 4903
sale of the notes, and shall contain a covenant of the municipal 4904
corporation, county, or township to comply with this chapter and 4905
the financial plan.4906

       The commission shall review and evaluate the application and 4907
supporting certification and financial supervisor action, and 4908
shall thereupon certify its approval or disapproval, or 4909
modification and approval, of the application.4910

       The commission shall certify the amounts, maturities, 4911
interest rates, and terms of issue of the local government fund 4912
notes approved by the commission and the purposes to which the 4913
proceeds of the sale of the notes will be applied in respective 4914
amounts.4915

       The commission shall certify a copy of its approval, of the 4916
preliminary resolution, and of the related certification and 4917
action of the financial supervisor to the fiscal officer, the 4918
financial supervisor, the county budget commission, the county 4919
auditor, the county treasurer, and the fiscal agent designated to 4920
receive and disburse the proceeds of the sale of the notes.4921

       (G) Upon the sale of any local government fund notes issued 4922
under this section, the commission shall determine a schedule for 4923
the deposit of local government fund distributions that are 4924
pledged for the payment of the principal of and interest on the 4925
notes with the fiscal agent or trustee designated in the agreement 4926
between the municipal corporation, county, or township and the 4927
holders of the notes to receive and disburse the distributions. 4928
The amounts to be deposited shall be adequate to provide for the 4929
payment of principal and interest on the notes when due and to pay 4930
all other proper charges, costs, or expenses pertaining thereto.4931

       The amount of the local government fund moneys apportioned to 4932
the municipal corporation, county, or township that is to be so 4933
deposited in each year shall not be included in the tax budget and 4934
appropriation measures of the municipal corporation, county, or 4935
township, or in certificates of estimated revenues, for that year.4936

       The commission shall certify the schedule to the officers 4937
designated in division (F) of this section.4938

       (H) Deposit of amounts with the fiscal agent or trustee 4939
pursuant to the schedule determined by the commission shall be 4940
made from local government fund distributions to or apportioned to 4941
the municipal corporation, county, or township as provided in this 4942
division. The apportionment of local government fund moneys to the 4943
municipal corporation, county, or township for any year from the 4944
undivided local government fund shall be determined as to the 4945
municipal corporation, county, or township without regard to the 4946
amounts to be deposited with the fiscal agent or trustee in that 4947
year in accordance with division (G) of this section. After the 4948
amount of the undivided local government fund apportioned to the 4949
municipal corporation, county, or township for a calendar year is 4950
determined, the county auditor and the county treasurer shall 4951
withhold from each monthly amount to be distributed to the 4952
municipal corporation, county, or township from the undivided 4953
local government fund, and transmit to the fiscal agent or trustee 4954
for deposit, one-twelfth of the amount scheduled for deposit in 4955
that year pursuant to division (G) of this section.4956

       (I) If the commission approves the application, the municipal 4957
corporation, county, or township may proceed with the issuance of 4958
the notes as approved by the commission.4959

       All notes issued under authority of this section are lawful 4960
investments for the entities enumerated in division (A)(1) of 4961
section 133.03 of the Revised Code and are eligible as security 4962
for the repayment of the deposit of public moneys.4963

       Upon the issuance of any notes under this section, the fiscal 4964
officer of the municipal corporation, county, or township shall 4965
certify the fact of the issuance to the county auditor and shall 4966
also certify to the county auditor the last calendar year in which 4967
any of the notes are scheduled to mature.4968

       (J) After the legislative authority of the municipal 4969
corporation, county, or township has passed an ordinance or 4970
resolution authorizing the issuance of local government fund notes 4971
and subsequent to the commission's preliminary or final approval 4972
of the ordinance or resolution, the director of law, prosecuting 4973
attorney, or other chief legal officer of the municipal 4974
corporation, county, or township shall certify a sample of the 4975
form and content of a note to be used to issue the local 4976
government fund notes to the commission. The commission shall 4977
determine whether the sample note is consistent with this section 4978
and the ordinance or resolution authorizing the issuance of the 4979
local government fund notes, and if the sample note is found to be 4980
consistent with this section and the ordinance, the commission 4981
shall approve the sample note for use by the municipal 4982
corporation, county, or township. The form and content of the 4983
notes to be used by the municipal corporation, county, or township 4984
in issuing the local government fund notes may be modified at any 4985
time subsequent to the commission's approval of the sample note 4986
upon the approval of the commission and the director of law, 4987
prosecuting attorney, or other chief legal officer of the 4988
municipal corporation, county, or township. The failure of the 4989
director of law, prosecuting attorney, or other chief legal 4990
officer of the municipal corporation, county, or township to make 4991
the certification required by this division shall not subject that 4992
legal officer to removal pursuant to the Revised Code or the 4993
charter of a municipal corporation. If the director of law, 4994
prosecuting attorney, or other chief legal officer fails or 4995
refuses to make the certification required by this division, or if 4996
any officer of the municipal corporation, county, or township 4997
fails or refuses to take any action required by this section or 4998
the ordinance or resolution authorizing the issuance or sale of 4999
local government fund notes, the mayor of the municipal 5000
corporation or the board of county commissioners or board of 5001
township trustees may cause the commencement of a mandamus action 5002
in the supreme court against the director of law, prosecuting 5003
attorney, or other chief legal officer to secure the certification 5004
required by this division or other action required by this section 5005
or the ordinance or resolution. If an adjudication of the matters 5006
that could be adjudicated in validation proceedings under section 5007
133.70 of the Revised Code is necessary to a determination of the 5008
mandamus action, the mayor, the board of county commissioners, or 5009
the board of township trustees or the mayor's or board's legal 5010
counsel shall name and cause to be served as defendants to the 5011
mandamus action all of the following:5012

       (1) The director of law, prosecuting attorney, or other chief 5013
legal officer, or other official of the municipal corporation, 5014
county, or township, whose failure or refusal to act necessitated 5015
the action;5016

       (2) The municipal corporation, through its mayor, or the 5017
board of county commissioners or board of township trustees;5018

       (3) The financial planning and supervision commission, 5019
through its chairperson;5020

       (4) The prosecuting attorney and auditor of each county in 5021
which the municipal corporation, county, or township is located, 5022
in whole or in part;5023

       (5) The auditor of state;5024

       (6) The property owners, taxpayers, citizens of the municipal 5025
corporation, county, or township and others having or claiming any 5026
right, title, or interest in any property or funds to be affected 5027
by the issuance of the local government fund notes by the 5028
municipal corporation, county, or township, or otherwise affected 5029
in any way thereby.5030

       Service upon all defendants described in division (J)(6) of 5031
this section shall be either by publication three times, with at 5032
least six days between each publication, in a newspaper of general 5033
circulation in Franklin county and a newspaper of general 5034
circulation in the county or counties where the municipal 5035
corporation, county, or township is located, or by publication in 5036
both such newspapers as provided in section 7.16 of the Revised 5037
Code. The publication and the notice shall indicate that the 5038
nature of the action is in mandamus, the name of the parties to 5039
the action, and that the action may result in the validation of 5040
the subject local government fund notes. Authorization to commence 5041
such an action by the legislative authority of the municipal 5042
corporation, county, or township is not required.5043

       A copy of the complaint in the mandamus action shall be 5044
served personally or by certified mail upon the attorney general. 5045
If the attorney general has reason to believe that the complaint 5046
is defective, insufficient, or untrue, or if in the attorney 5047
general's opinion the issuance of the local government fund notes 5048
is not lawful or has not been duly authorized, defense shall be 5049
made to the complaint as the attorney general considers proper.5050

       (K) The action in mandamus authorized by division (J) of this 5051
section shall take priority over all other civil cases pending in 5052
the court, except habeas corpus, and shall be determined with the 5053
least possible delay. The supreme court may determine that the 5054
local government fund notes will be consistent with the purpose 5055
and effects, including not occupying the indirect debt limit, 5056
provided for in this section and will be validly issued and 5057
acquired. Such a determination shall include a finding of 5058
validation of the subject local government fund notes if the court 5059
specifically finds that:5060

       (1) The complaint in mandamus, or subsequent pleadings, 5061
include appropriate allegations required by division (C) of 5062
section 133.70 of the Revised Code, and that the proceeding is in 5063
lieu of an action to validate under section 133.70 of the Revised 5064
Code;5065

       (2) All parties described in divisions (J)(1) to (6) of this 5066
section have been duly served with notice or are otherwise 5067
properly before the court;5068

       (3) Notice of the action has been published as required by 5069
division (J) of this section;5070

       (4) The effect of validation is required to provide a 5071
complete review and determination of the controversy in mandamus, 5072
and to avoid duplication of litigation, danger of inconsistent 5073
results, or inordinate delay in light of the fiscal emergency, or 5074
that a disposition in the mandamus action would, as a practical 5075
matter, be dispositive of any subsequent validation proceedings 5076
under section 133.70 of the Revised Code.5077

       (L) Any decision that includes a finding of validation has 5078
the same effect as a validation order established by an action 5079
under section 133.70 of the Revised Code.5080

       (M) Divisions (J) and (K) of this section do not prevent a 5081
municipal corporation, county, or township from using section 5082
133.70 of the Revised Code to validate local government fund notes 5083
by the filing of a petition for validation in the court of common 5084
pleas of the county in which the municipal corporation, county, or 5085
township is located, in whole or in part.5086

       (N) It is hereby determined by the general assembly that a 5087
validation action authorized by section 133.70 of the Revised Code 5088
is not an adequate remedy at law with respect to a municipal 5089
corporation, county, or township that is a party to a mandamus 5090
action pursuant to divisions (J) and (K) of this section and in 5091
which a fiscal emergency condition has been determined to exist 5092
pursuant to section 118.04 of the Revised Code because of, but not 5093
limited to, the following reasons:5094

       (1) It is urgently necessary for such a municipal 5095
corporation, county, or township to take prompt action to issue 5096
local government fund notes for the purposes provided in division 5097
(C) of this section;5098

       (2) The potentially ruinous effect upon the fiscal condition 5099
of a municipal corporation, county, or township by the passage of 5100
the time required to adjudicate such a separate validation action 5101
and any appeals thereof;5102

       (3) The reasons stated in division (K)(4) of this section.5103

       Sec. 118.31.  (A) Upon petition of the financial supervisor 5104
and approval of the financial planning and supervision commission, 5105
if any, the attorney general shall file a court action to dissolve 5106
a municipal corporation, county, or township if all of the 5107
following conditions apply:5108

       (1) The municipal corporation, county, or township has a 5109
population of less than five thousand as of the most recent 5110
federal decennial census.5111

       (2) The municipal corporation, county, or township has been 5112
under a fiscal emergency for at least two consecutive years.5113

       (3) Implementation of the financial plan of the municipal 5114
corporation, county, or township required under this chapter 5115
cannot reasonably be expected to correct and eliminate all fiscal 5116
emergency conditions within five years.5117

       (B) If the court finds that all of the conditions described 5118
in division (A) of this section apply to the municipal 5119
corporation, county, or township, it shall enter an order removing 5120
the executive and legislative officers of the municipal 5121
corporation, county, or township and appoint a receiver to execute 5122
all management duties. The receiver, under court supervision, 5123
shall wind up the affairs of the municipal corporation, county, or 5124
township and dissolve it.5125

       Sec. 118.99.  (A) During the fiscal emergency period, no 5126
officer or employee of the municipal corporation, county, or 5127
township shall do any of the following:5128

       (1) Knowingly enter into any contract, financial obligation, 5129
or other liability of the municipal corporation, county, or 5130
township involving an expenditure, or make any expenditure in 5131
excess of the amount permitted by section 118.12 of the Revised 5132
Code;5133

       (2) Knowingly enter into any contract, financial obligation, 5134
or other liability of the municipal corporation, county, or 5135
township, or knowingly execute or deliver debt obligations, or 5136
transfer, advance, or borrow moneys from one fund of the municipal 5137
corporation, county, or township to or for any other fund of the 5138
municipal corporation, county, or township where any of such 5139
actions are required to be approved by the financial planning and 5140
supervision commission unless such actions have been so approved 5141
or deemed to be approved as provided in or pursuant to this 5142
chapter;5143

       (3) Knowingly fail or refuse to take any of the actions 5144
required by this chapter for the preparation or amendment of the 5145
financial plan, or knowingly prepare, present, or certify any 5146
information or report for the commission or any of its employees, 5147
advisory committees, task forces, or agents that is false or 5148
misleading or which is recklessly prepared or presented without 5149
due care for its accuracy, or, upon learning that any such 5150
information is false or misleading, or was recklessly prepared or 5151
presented, knowingly fail promptly to advise the commission, or 5152
the employee, advisory committee, task force, or agent to whom 5153
such information was given, of that fact;5154

       (4) Knowingly use or cause to be used moneys of a 5155
construction fund for purposes other than the lawful purposes of 5156
the construction fund, or knowingly use or cause to be used moneys 5157
of a fund created under this chapter for the payment of principal 5158
and interest on debt obligations, or a bond retirement fund, or 5159
sinking fund for other than the payment of the principal of and 5160
interest on debt obligations or other authorized costs or payments 5161
from such funds, or knowingly fail to perform the duty of such 5162
officer or employee to cause the prompt deposit of moneys to any 5163
of the funds referred to in this division.5164

       (B) The prohibitions set forth in division (A) of this 5165
section are in addition to any other prohibitions provided by law 5166
for a municipal corporation, county, or township, or by or 5167
pursuant to a municipal charter.5168

       (C) In addition to any other penalty or liability provided by 5169
law for a municipal corporation, county, or township, or by or 5170
pursuant to a municipal charter, a violation of division (A)(1), 5171
(2), (3), or (4) of this section is a misdemeanor of the second 5172
degree. Upon conviction of any officer or employee of a municipal 5173
corporation, county, or township for any violation under division 5174
(A)(1), (2), (3), or (4) of this section, such officer or employee 5175
shall forfeit office or employment. For the seven-year period 5176
immediately following the date of conviction, such officer shall 5177
also be ineligible to hold any public office or other position of 5178
trust in this state or be employed by any public entity in this 5179
state.5180

       Sec. 121.03.  The following administrative department heads 5181
shall be appointed by the governor, with the advice and consent of 5182
the senate, and shall hold their offices during the term of the 5183
appointing governor, and are subject to removal at the pleasure of 5184
the governor.5185

       (A) The director of budget and management;5186

       (B) The director of commerce;5187

       (C) The director of transportation;5188

       (D) The director of agriculture;5189

       (E) The director of job and family services;5190

       (F) Until July 1, 1997, the director of liquor control;5191

       (G) The director of public safety;5192

       (H) The superintendent of insurance;5193

       (I) The director of development;5194

       (J) The tax commissioner;5195

       (K) The director of administrative services;5196

       (L) The director of natural resources;5197

       (M) The director of mental health;5198

       (N) The director of developmental disabilities;5199

       (O) The director of health;5200

       (P) The director of youth services;5201

       (Q) The director of rehabilitation and correction;5202

       (R) The director of environmental protection;5203

       (S) The director of aging;5204

       (T) The director of alcohol and drug addiction services;5205

       (U) The administrator of workers' compensation who meets the 5206
qualifications required under division (A) of section 4121.121 of 5207
the Revised Code;5208

       (V) The director of veterans services who meets the 5209
qualifications required under section 5902.01 of the Revised Code;5210

       (W) The chancellor of the Ohio board of regents.5211

       Sec. 121.04.  Offices are created within the several 5212
departments as follows:5213

       In the department of commerce:5214

Commissioner of securities; 5215
Superintendent of real estate and professional licensing; 5216
Superintendent of financial institutions; 5217
State fire marshal; 5218
Superintendent of labor; 5219
Superintendent of liquor control; 5220
Superintendent of unclaimed funds. 5221

       In the department of administrative services:5222

State architect and engineer; 5223
Equal employment opportunity coordinator. 5224

       In the department of agriculture:5225

       Chiefs of divisions as follows:5226

Administration; 5227
Animal industry; 5228
Dairy; 5229
Food safety; 5230
Plant industry; 5231
Markets; 5232
Meat inspection; 5233
Consumer analytical laboratory; 5234
Amusement ride safety; 5235
Enforcement; 5236
Weights and measures. 5237

       In the department of natural resources:5238

       Chiefs of divisions as follows:5239

5240
Mineral resources management; 5241
Oil and gas resources management; 5242
Forestry; 5243
Natural areas and preserves; 5244
Wildlife; 5245
Geological survey; 5246
Parks and recreation; 5247
Watercraft; 5248
Recycling and litter prevention; 5249
Soil and water resources; 5250
Engineering. 5251

       In the department of insurance:5252

Deputy superintendent of insurance; 5253
Assistant superintendent of insurance, technical; 5254
Assistant superintendent of insurance, administrative; 5255
Assistant superintendent of insurance, research. 5256

       Sec. 121.22.  (A) This section shall be liberally construed 5257
to require public officials to take official action and to conduct 5258
all deliberations upon official business only in open meetings 5259
unless the subject matter is specifically excepted by law.5260

       (B) As used in this section:5261

       (1) "Public body" means any of the following:5262

       (a) Any board, commission, committee, council, or similar 5263
decision-making body of a state agency, institution, or authority, 5264
and any legislative authority or board, commission, committee, 5265
council, agency, authority, or similar decision-making body of any 5266
county, township, municipal corporation, school district, or other 5267
political subdivision or local public institution;5268

       (b) Any committee or subcommittee of a body described in 5269
division (B)(1)(a) of this section;5270

       (c) A court of jurisdiction of a sanitary district organized 5271
wholly for the purpose of providing a water supply for domestic, 5272
municipal, and public use when meeting for the purpose of the 5273
appointment, removal, or reappointment of a member of the board of 5274
directors of such a district pursuant to section 6115.10 of the 5275
Revised Code, if applicable, or for any other matter related to 5276
such a district other than litigation involving the district. As 5277
used in division (B)(1)(c) of this section, "court of 5278
jurisdiction" has the same meaning as "court" in section 6115.01 5279
of the Revised Code.5280

       (2) "Meeting" means any prearranged discussion of the public 5281
business of the public body by a majority of its members.5282

       (3) "Regulated individual" means either of the following:5283

       (a) A student in a state or local public educational 5284
institution;5285

       (b) A person who is, voluntarily or involuntarily, an inmate, 5286
patient, or resident of a state or local institution because of 5287
criminal behavior, mental illness or retardation, disease, 5288
disability, age, or other condition requiring custodial care.5289

       (4) "Public office" has the same meaning as in section 5290
149.011 of the Revised Code.5291

       (C) All meetings of any public body are declared to be public 5292
meetings open to the public at all times. A member of a public 5293
body shall be present in person at a meeting open to the public to 5294
be considered present or to vote at the meeting and for purposes 5295
of determining whether a quorum is present at the meeting.5296

       The minutes of a regular or special meeting of any public 5297
body shall be promptly prepared, filed, and maintained and shall 5298
be open to public inspection. The minutes need only reflect the 5299
general subject matter of discussions in executive sessions 5300
authorized under division (G) or (J) of this section.5301

       (D) This section does not apply to any of the following:5302

       (1) A grand jury;5303

       (2) An audit conference conducted by the auditor of state or 5304
independent certified public accountants with officials of the 5305
public office that is the subject of the audit;5306

       (3) The adult parole authority when its hearings are 5307
conducted at a correctional institution for the sole purpose of 5308
interviewing inmates to determine parole or pardon;5309

       (4) The organized crime investigations commission established 5310
under section 177.01 of the Revised Code;5311

       (5) Meetings of a child fatality review board established 5312
under section 307.621 of the Revised Code and meetings conducted 5313
pursuant to sections 5153.171 to 5153.173 of the Revised Code;5314

       (6) The state medical board when determining whether to 5315
suspend a certificate without a prior hearing pursuant to division 5316
(G) of either section 4730.25 or 4731.22 of the Revised Code;5317

       (7) The board of nursing when determining whether to suspend 5318
a license or certificate without a prior hearing pursuant to 5319
division (B) of section 4723.281 of the Revised Code;5320

       (8) The state board of pharmacy when determining whether to 5321
suspend a license without a prior hearing pursuant to division (D) 5322
of section 4729.16 of the Revised Code;5323

       (9) The state chiropractic board when determining whether to 5324
suspend a license without a hearing pursuant to section 4734.37 of 5325
the Revised Code;5326

       (10) The executive committee of the emergency response 5327
commission when determining whether to issue an enforcement order 5328
or request that a civil action, civil penalty action, or criminal 5329
action be brought to enforce Chapter 3750. of the Revised Code;5330

       (11) The board of directors of the nonprofit corporation 5331
formed under section 187.01 of the Revised Code or any committee 5332
thereof, and the board of directors of any subsidiary of that 5333
corporation or a committee thereof;5334

       (12) An audit conference conducted by the audit staff of the 5335
department of job and family services with officials of the public 5336
office that is the subject of that audit under section 5101.37 of 5337
the Revised Code.5338

       (E) The controlling board, the development financing advisory 5339
council, the industrial technology and enterprise advisory 5340
council, the tax credit authority, or the minority development 5341
financing advisory board, when meeting to consider granting 5342
assistance pursuant to Chapter 122. or 166. of the Revised Code, 5343
in order to protect the interest of the applicant or the possible 5344
investment of public funds, by unanimous vote of all board, 5345
council, or authority members present, may close the meeting 5346
during consideration of the following information confidentially 5347
received by the authority, council, or board from the applicant:5348

       (1) Marketing plans;5349

       (2) Specific business strategy;5350

       (3) Production techniques and trade secrets;5351

       (4) Financial projections;5352

       (5) Personal financial statements of the applicant or members 5353
of the applicant's immediate family, including, but not limited 5354
to, tax records or other similar information not open to public 5355
inspection.5356

       The vote by the authority, council, or board to accept or 5357
reject the application, as well as all proceedings of the 5358
authority, council, or board not subject to this division, shall 5359
be open to the public and governed by this section.5360

       (F) Every public body, by rule, shall establish a reasonable 5361
method whereby any person may determine the time and place of all 5362
regularly scheduled meetings and the time, place, and purpose of 5363
all special meetings. A public body shall not hold a special 5364
meeting unless it gives at least twenty-four hours' advance notice 5365
to the news media that have requested notification, except in the 5366
event of an emergency requiring immediate official action. In the 5367
event of an emergency, the member or members calling the meeting 5368
shall notify the news media that have requested notification 5369
immediately of the time, place, and purpose of the meeting.5370

       The rule shall provide that any person, upon request and 5371
payment of a reasonable fee, may obtain reasonable advance 5372
notification of all meetings at which any specific type of public 5373
business is to be discussed. Provisions for advance notification 5374
may include, but are not limited to, mailing the agenda of 5375
meetings to all subscribers on a mailing list or mailing notices 5376
in self-addressed, stamped envelopes provided by the person.5377

       (G) Except as provided in division (J) of this section, the 5378
members of a public body may hold an executive session only after 5379
a majority of a quorum of the public body determines, by a roll 5380
call vote, to hold an executive session and only at a regular or 5381
special meeting for the sole purpose of the consideration of any 5382
of the following matters:5383

       (1) To consider the appointment, employment, dismissal, 5384
discipline, promotion, demotion, or compensation of a public 5385
employee or official, or the investigation of charges or 5386
complaints against a public employee, official, licensee, or 5387
regulated individual, unless the public employee, official, 5388
licensee, or regulated individual requests a public hearing. 5389
Except as otherwise provided by law, no public body shall hold an 5390
executive session for the discipline of an elected official for 5391
conduct related to the performance of the elected official's 5392
official duties or for the elected official's removal from office. 5393
If a public body holds an executive session pursuant to division 5394
(G)(1) of this section, the motion and vote to hold that executive 5395
session shall state which one or more of the approved purposes 5396
listed in division (G)(1) of this section are the purposes for 5397
which the executive session is to be held, but need not include 5398
the name of any person to be considered at the meeting.5399

       (2) To consider the purchase of property for public purposes, 5400
or for the sale of property at competitive bidding, if premature 5401
disclosure of information would give an unfair competitive or 5402
bargaining advantage to a person whose personal, private interest 5403
is adverse to the general public interest. No member of a public 5404
body shall use division (G)(2) of this section as a subterfuge for 5405
providing covert information to prospective buyers or sellers. A 5406
purchase or sale of public property is void if the seller or buyer 5407
of the public property has received covert information from a 5408
member of a public body that has not been disclosed to the general 5409
public in sufficient time for other prospective buyers and sellers 5410
to prepare and submit offers.5411

       If the minutes of the public body show that all meetings and 5412
deliberations of the public body have been conducted in compliance 5413
with this section, any instrument executed by the public body 5414
purporting to convey, lease, or otherwise dispose of any right, 5415
title, or interest in any public property shall be conclusively 5416
presumed to have been executed in compliance with this section 5417
insofar as title or other interest of any bona fide purchasers, 5418
lessees, or transferees of the property is concerned.5419

       (3) Conferences with an attorney for the public body 5420
concerning disputes involving the public body that are the subject 5421
of pending or imminent court action;5422

       (4) Preparing for, conducting, or reviewing negotiations or 5423
bargaining sessions with public employees concerning their 5424
compensation or other terms and conditions of their employment;5425

       (5) Matters required to be kept confidential by federal law 5426
or regulations or state statutes;5427

       (6) Details relative to the security arrangements and 5428
emergency response protocols for a public body or a public office, 5429
if disclosure of the matters discussed could reasonably be 5430
expected to jeopardize the security of the public body or public 5431
office;5432

       (7) In the case of a county hospital operated pursuant to 5433
Chapter 339. of the Revised Code, a joint township hospital 5434
operated pursuant to Chapter 513. of the Revised Code, or a 5435
municipal hospital operated pursuant to Chapter 749. of the 5436
Revised Code, to consider trade secrets, as defined in section 5437
1333.61 of the Revised Code.5438

       If a public body holds an executive session to consider any 5439
of the matters listed in divisions (G)(2) to (7) of this section, 5440
the motion and vote to hold that executive session shall state 5441
which one or more of the approved matters listed in those 5442
divisions are to be considered at the executive session.5443

       A public body specified in division (B)(1)(c) of this section 5444
shall not hold an executive session when meeting for the purposes 5445
specified in that division.5446

       (H) A resolution, rule, or formal action of any kind is 5447
invalid unless adopted in an open meeting of the public body. A 5448
resolution, rule, or formal action adopted in an open meeting that 5449
results from deliberations in a meeting not open to the public is 5450
invalid unless the deliberations were for a purpose specifically 5451
authorized in division (G) or (J) of this section and conducted at 5452
an executive session held in compliance with this section. A 5453
resolution, rule, or formal action adopted in an open meeting is 5454
invalid if the public body that adopted the resolution, rule, or 5455
formal action violated division (F) of this section.5456

       (I)(1) Any person may bring an action to enforce this 5457
section. An action under division (I)(1) of this section shall be 5458
brought within two years after the date of the alleged violation 5459
or threatened violation. Upon proof of a violation or threatened 5460
violation of this section in an action brought by any person, the 5461
court of common pleas shall issue an injunction to compel the 5462
members of the public body to comply with its provisions.5463

       (2)(a) If the court of common pleas issues an injunction 5464
pursuant to division (I)(1) of this section, the court shall order 5465
the public body that it enjoins to pay a civil forfeiture of five 5466
hundred dollars to the party that sought the injunction and shall 5467
award to that party all court costs and, subject to reduction as 5468
described in division (I)(2) of this section, reasonable 5469
attorney's fees. The court, in its discretion, may reduce an award 5470
of attorney's fees to the party that sought the injunction or not 5471
award attorney's fees to that party if the court determines both 5472
of the following:5473

       (i) That, based on the ordinary application of statutory law 5474
and case law as it existed at the time of violation or threatened 5475
violation that was the basis of the injunction, a well-informed 5476
public body reasonably would believe that the public body was not 5477
violating or threatening to violate this section;5478

       (ii) That a well-informed public body reasonably would 5479
believe that the conduct or threatened conduct that was the basis 5480
of the injunction would serve the public policy that underlies the 5481
authority that is asserted as permitting that conduct or 5482
threatened conduct.5483

       (b) If the court of common pleas does not issue an injunction 5484
pursuant to division (I)(1) of this section and the court 5485
determines at that time that the bringing of the action was 5486
frivolous conduct, as defined in division (A) of section 2323.51 5487
of the Revised Code, the court shall award to the public body all 5488
court costs and reasonable attorney's fees, as determined by the 5489
court.5490

       (3) Irreparable harm and prejudice to the party that sought 5491
the injunction shall be conclusively and irrebuttably presumed 5492
upon proof of a violation or threatened violation of this section.5493

       (4) A member of a public body who knowingly violates an 5494
injunction issued pursuant to division (I)(1) of this section may 5495
be removed from office by an action brought in the court of common 5496
pleas for that purpose by the prosecuting attorney or the attorney 5497
general.5498

       (J)(1) Pursuant to division (C) of section 5901.09 of the 5499
Revised Code, a veterans service commission shall hold an 5500
executive session for one or more of the following purposes unless 5501
an applicant requests a public hearing:5502

       (a) Interviewing an applicant for financial assistance under 5503
sections 5901.01 to 5901.15 of the Revised Code;5504

       (b) Discussing applications, statements, and other documents 5505
described in division (B) of section 5901.09 of the Revised Code;5506

       (c) Reviewing matters relating to an applicant's request for 5507
financial assistance under sections 5901.01 to 5901.15 of the 5508
Revised Code.5509

       (2) A veterans service commission shall not exclude an 5510
applicant for, recipient of, or former recipient of financial 5511
assistance under sections 5901.01 to 5901.15 of the Revised Code, 5512
and shall not exclude representatives selected by the applicant, 5513
recipient, or former recipient, from a meeting that the commission 5514
conducts as an executive session that pertains to the applicant's, 5515
recipient's, or former recipient's application for financial 5516
assistance.5517

       (3) A veterans service commission shall vote on the grant or 5518
denial of financial assistance under sections 5901.01 to 5901.15 5519
of the Revised Code only in an open meeting of the commission. The 5520
minutes of the meeting shall indicate the name, address, and 5521
occupation of the applicant, whether the assistance was granted or 5522
denied, the amount of the assistance if assistance is granted, and 5523
the votes for and against the granting of assistance.5524

       Sec. 121.37.  (A)(1) There is hereby created the Ohio family 5525
and children first cabinet council. The council shall be composed 5526
of the superintendent of public instruction, the administrator of 5527
the rehabilitation services commission, and the directors of youth 5528
services, job and family services, mental health, health, alcohol 5529
and drug addiction services, developmental disabilities, aging, 5530
rehabilitation and correction, and budget and management. The 5531
chairperson of the council shall be the governor or the governor's 5532
designee and shall establish procedures for the council's internal 5533
control and management.5534

        The purpose of the cabinet council is to help families 5535
seeking government services. This section shall not be interpreted 5536
or applied to usurp the role of parents, but solely to streamline 5537
and coordinate existing government services for families seeking 5538
assistance for their children.5539

       (2) In seeking to fulfill its purpose, the council may do any 5540
of the following:5541

       (a) Advise and make recommendations to the governor and 5542
general assembly regarding the provision of services to children;5543

       (b) Advise and assess local governments on the coordination 5544
of service delivery to children;5545

       (c) Hold meetings at such times and places as may be 5546
prescribed by the council's procedures and maintain records of the 5547
meetings, except that records identifying individual children are 5548
confidential and shall be disclosed only as provided by law;5549

       (d) Develop programs and projects, including pilot projects, 5550
to encourage coordinated efforts at the state and local level to 5551
improve the state's social service delivery system;5552

       (e) Enter into contracts with and administer grants to county 5553
family and children first councils, as well as other county or 5554
multicounty organizations to plan and coordinate service delivery 5555
between state agencies and local service providers for families 5556
and children;5557

       (f) Enter into contracts with and apply for grants from 5558
federal agencies or private organizations;5559

       (g) Enter into interagency agreements to encourage 5560
coordinated efforts at the state and local level to improve the 5561
state's social service delivery system. The agreements may include 5562
provisions regarding the receipt, transfer, and expenditure of 5563
funds;5564

       (h) Identify public and private funding sources for services 5565
provided to alleged or adjudicated unruly children and children 5566
who are at risk of being alleged or adjudicated unruly children, 5567
including regulations governing access to and use of the services;5568

       (i) Collect information provided by local communities 5569
regarding successful programs for prevention, intervention, and 5570
treatment of unruly behavior, including evaluations of the 5571
programs;5572

       (j) Identify and disseminate publications regarding alleged 5573
or adjudicated unruly children and children who are at risk of 5574
being alleged or adjudicated unruly children and regarding 5575
programs serving those types of children;5576

       (k) Maintain an inventory of strategic planning facilitators 5577
for use by government or nonprofit entities that serve alleged or 5578
adjudicated unruly children or children who are at risk of being 5579
alleged or adjudicated unruly children.5580

       (3) The cabinet council shall provide for the following:5581

       (a) Reviews of service and treatment plans for children for 5582
which such reviews are requested;5583

       (b) Assistance as the council determines to be necessary to 5584
meet the needs of children referred by county family and children 5585
first councils;5586

       (c) Monitoring and supervision of a statewide, comprehensive, 5587
coordinated, multi-disciplinary, interagency system for infants 5588
and toddlers with developmental disabilities or delays and their 5589
families, as established pursuant to federal grants received and 5590
administered by the department of health for early intervention 5591
services under the "Individuals with Disabilities Education Act of 5592
2004," 20 U.S.C.A. 1400, as amended.5593

       (4) The cabinet council shall develop and implement the 5594
following:5595

       (a) An interagency process to select the indicators that will 5596
be used to measure progress toward increasing child well-being in 5597
the state and to update the indicators on an annual basis. The 5598
indicators shall focus on expectant parents and newborns thriving; 5599
infants and toddlers thriving; children being ready for school; 5600
children and youth succeeding in school; youth choosing healthy 5601
behaviors; and youth successfully transitioning into adulthood.5602

       (b) An interagency system to offer guidance and monitor 5603
progress toward increasing child well-being in the state and in 5604
each county;5605

       (c) An annual plan that identifies state-level agency efforts 5606
taken to ensure progress towards increasing child well-being in 5607
the state.5608

       On an annual basis, the cabinet council shall submit to the 5609
governor and the general assembly a report on the status of 5610
efforts to increase child well-being in the state. This report 5611
shall be made available to any other person on request.5612

       (B)(1) Each board of county commissioners shall establish a 5613
county family and children first council. The board may invite any 5614
local public or private agency or group that funds, advocates, or 5615
provides services to children and families to have a 5616
representative become a permanent or temporary member of its 5617
county council. Each county council must include the following 5618
individuals:5619

       (a) At least three individuals who are not employed by an 5620
agency represented on the council and whose families are or have 5621
received services from an agency represented on the council or 5622
another county's council. Where possible, the number of members 5623
representing families shall be equal to twenty per cent of the 5624
council's membership.5625

       (b) The director of the board of alcohol, drug addiction, and 5626
mental health services that serves the county, or, in the case of 5627
a county that has a board of alcohol and drug addiction services 5628
and a community mental health board, the directors of both boards. 5629
If a board of alcohol, drug addiction, and mental health services 5630
covers more than one county, the director may designate a person 5631
to participate on the county's council.5632

       (c) The health commissioner, or the commissioner's designee, 5633
of the board of health of each city and general health district in 5634
the county. If the county has two or more health districts, the 5635
health commissioner membership may be limited to the commissioners 5636
of the two districts with the largest populations.5637

       (d) The director of the county department of job and family 5638
services;5639

       (e) The executive director of the public children services 5640
agency;5641

       (f) The superintendent of the county board of developmental 5642
disabilities;5643

       (g) The superintendent of the city, exempted village, or 5644
local school district with the largest number of pupils residing 5645
in the county, as determined by the department of education, which 5646
shall notify each board of county commissioners of its 5647
determination at least biennially;5648

       (h) A school superintendent representing all other school 5649
districts with territory in the county, as designated at a 5650
biennial meeting of the superintendents of those districts;5651

       (i) A representative of the municipal corporation with the 5652
largest population in the county;5653

       (j) The president of the board of county commissioners or an 5654
individual designated by the board;5655

       (k) A representative of the regional office of the department 5656
of youth services;5657

       (l) A representative of the county's head start agencies, as 5658
defined in section 3301.32 of the Revised Code;5659

       (m) A representative of the county's early intervention 5660
collaborative established pursuant to the federal early 5661
intervention program operated under the "Individuals with 5662
Disabilities Education Act of 2004";5663

       (n) A representative of a local nonprofit entity that funds, 5664
advocates, or provides services to children and families.5665

       Notwithstanding any other provision of law, the public 5666
members of a county council are not prohibited from serving on the 5667
council and making decisions regarding the duties of the council, 5668
including those involving the funding of joint projects and those 5669
outlined in the county's service coordination mechanism 5670
implemented pursuant to division (C) of this section.5671

       The cabinet council shall establish a state appeals process 5672
to resolve disputes among the members of a county council 5673
concerning whether reasonable responsibilities as members are 5674
being shared. The appeals process may be accessed only by a 5675
majority vote of the council members who are required to serve on 5676
the council. Upon appeal, the cabinet council may order that state 5677
funds for services to children and families be redirected to a 5678
county's board of county commissioners.5679

       The county's juvenile court judge senior in service or 5680
another judge of the juvenile court designated by the 5681
administrative judge or, where there is no administrative judge, 5682
by the judge senior in service shall serve as the judicial advisor 5683
to the county family and children first council. The judge may 5684
advise the county council on the court's utilization of resources, 5685
services, or programs provided by the entities represented by the 5686
members of the county council and how those resources, services, 5687
or programs assist the court in its administration of justice. 5688
Service of a judge as a judicial advisor pursuant to this section 5689
is a judicial function.5690

       (2) The purpose of the county council is to streamline and 5691
coordinate existing government services for families seeking 5692
services for their children. In seeking to fulfill its purpose, a 5693
county council shall provide for the following:5694

       (a) Referrals to the cabinet council of those children for 5695
whom the county council cannot provide adequate services;5696

       (b) Development and implementation of a process that annually 5697
evaluates and prioritizes services, fills service gaps where 5698
possible, and invents new approaches to achieve better results for 5699
families and children;5700

       (c) Participation in the development of a countywide, 5701
comprehensive, coordinated, multi-disciplinary, interagency system 5702
for infants and toddlers with developmental disabilities or delays 5703
and their families, as established pursuant to federal grants 5704
received and administered by the department of health for early 5705
intervention services under the "Individuals with Disabilities 5706
Education Act of 2004";5707

       (d) Maintenance of an accountability system to monitor the 5708
county council's progress in achieving results for families and 5709
children;5710

       (e) Establishment of a mechanism to ensure ongoing input from 5711
a broad representation of families who are receiving services 5712
within the county system.5713

       (3) A county council shall develop and implement the 5714
following:5715

       (a) An interagency process to establish local indicators and 5716
monitor the county's progress toward increasing child well-being 5717
in the county;5718

       (b) An interagency process to identify local priorities to 5719
increase child well-being. The local priorities shall focus on 5720
expectant parents and newborns thriving; infants and toddlers 5721
thriving; children being ready for school; children and youth 5722
succeeding in school; youth choosing healthy behaviors; and youth 5723
successfully transitioning into adulthood and take into account 5724
the indicators established by the cabinet council under division 5725
(A)(4)(a) of this section.5726

       (c) An annual plan that identifies the county's interagency 5727
efforts to increase child well-being in the county.5728

       On an annual basis, the county council shall submit a report 5729
on the status of efforts by the county to increase child 5730
well-being in the county to the county's board of county 5731
commissioners and the cabinet council. This report shall be made 5732
available to any other person on request.5733

       (4)(a) Except as provided in division (B)(4)(b) of this 5734
section, a county council shall comply with the policies, 5735
procedures, and activities prescribed by the rules or interagency 5736
agreements of a state department participating on the cabinet 5737
council whenever the county council performs a function subject to 5738
those rules or agreements.5739

       (b) On application of a county council, the cabinet council 5740
may grant an exemption from any rules or interagency agreements of 5741
a state department participating on the council if an exemption is 5742
necessary for the council to implement an alternative program or 5743
approach for service delivery to families and children. The 5744
application shall describe the proposed program or approach and 5745
specify the rules or interagency agreements from which an 5746
exemption is necessary. The cabinet council shall approve or 5747
disapprove the application in accordance with standards and 5748
procedures it shall adopt. If an application is approved, the 5749
exemption is effective only while the program or approach is being 5750
implemented, including a reasonable period during which the 5751
program or approach is being evaluated for effectiveness.5752

       (5)(a) Each county council shall designate an administrative 5753
agent for the council from among the following public entities: 5754
the board of alcohol, drug addiction, and mental health services, 5755
including a board of alcohol and drug addiction or a community 5756
mental health board if the county is served by separate boards; 5757
the board of county commissioners; any board of health of the 5758
county's city and general health districts; the county department 5759
of job and family services; the county agency responsible for the 5760
administration of children services pursuant to section 5153.15 of 5761
the Revised Code; the county board of developmental disabilities; 5762
any of the county's boards of education or governing boards of 5763
educational service centers; or the county's juvenile court. Any 5764
of the foregoing public entities, other than the board of county 5765
commissioners, may decline to serve as the council's 5766
administrative agent.5767

       A county council's administrative agent shall serve as the 5768
council's appointing authority for any employees of the council. 5769
The council shall file an annual budget with its administrative 5770
agent, with copies filed with the county auditor and with the 5771
board of county commissioners, unless the board is serving as the 5772
council's administrative agent. The council's administrative agent 5773
shall ensure that all expenditures are handled in accordance with 5774
policies, procedures, and activities prescribed by state 5775
departments in rules or interagency agreements that are applicable 5776
to the council's functions.5777

       The administrative agent of a county council shall send 5778
notice of a member's absence if a member listed in division (B)(1) 5779
of this section has been absent from either three consecutive 5780
meetings of the county council or a county council subcommittee, 5781
or from one-quarter of such meetings in a calendar year, whichever 5782
is less. The notice shall be sent to the board of county 5783
commissioners that establishes the county council and, for the 5784
members listed in divisions (B)(1)(b), (c), (e), and (l) of this 5785
section, to the governing board overseeing the respective entity; 5786
for the member listed in division (B)(1)(f) of this section, to 5787
the county board of developmental disabilities that employs the 5788
superintendent; for a member listed in division (B)(1)(g) or (h) 5789
of this section, to the school board that employs the 5790
superintendent; for the member listed in division (B)(1)(i) of 5791
this section, to the mayor of the municipal corporation; for the 5792
member listed in division (B)(1)(k) of this section, to the 5793
director of youth services; and for the member listed in division 5794
(B)(1)(n) of this section, to that member's board of trustees.5795

       The administrative agent for a county council may do any of 5796
the following on behalf of the council:5797

       (i) Enter into agreements or administer contracts with public 5798
or private entities to fulfill specific council business. Such 5799
agreements and contracts are exempt from the competitive bidding 5800
requirements of section 307.86 of the Revised Code if they have 5801
been approved by the county council and they are for the purchase 5802
of family and child welfare or child protection services or other 5803
social or job and family services for families and children. The 5804
approval of the county council is not required to exempt 5805
agreements or contracts entered into under section 5139.34, 5806
5139.41, or 5139.43 of the Revised Code from the competitive 5807
bidding requirements of section 307.86 of the Revised Code.5808

       (ii) As determined by the council, provide financial 5809
stipends, reimbursements, or both, to family representatives for 5810
expenses related to council activity;5811

       (iii) Receive by gift, grant, devise, or bequest any moneys, 5812
lands, or other property for the purposes for which the council is 5813
established. The agent shall hold, apply, and dispose of the 5814
moneys, lands, or other property according to the terms of the 5815
gift, grant, devise, or bequest. Any interest or earnings shall be 5816
treated in the same manner and are subject to the same terms as 5817
the gift, grant, devise, or bequest from which it accrues.5818

       (b)(i) If the county council designates the board of county 5819
commissioners as its administrative agent, the board may, by 5820
resolution, delegate any of its powers and duties as 5821
administrative agent to an executive committee the board 5822
establishes from the membership of the county council. The board 5823
shall name to the executive committee at least the individuals 5824
described in divisions (B)(1)(b) to (h) of this section and may 5825
appoint the president of the board or another individual as the 5826
chair of the executive committee. The executive committee must 5827
include at least one family county council representative who does 5828
not have a family member employed by an agency represented on the 5829
council.5830

       (ii) The executive committee may, with the approval of the 5831
board, hire an executive director to assist the county council in 5832
administering its powers and duties. The executive director shall 5833
serve in the unclassified civil service at the pleasure of the 5834
executive committee. The executive director may, with the approval 5835
of the executive committee, hire other employees as necessary to 5836
properly conduct the county council's business.5837

       (iii) The board may require the executive committee to submit 5838
an annual budget to the board for approval and may amend or repeal 5839
the resolution that delegated to the executive committee its 5840
authority as the county council's administrative agent.5841

       (6) Two or more county councils may enter into an agreement 5842
to administer their county councils jointly by creating a regional 5843
family and children first council. A regional council possesses 5844
the same duties and authority possessed by a county council, 5845
except that the duties and authority apply regionally rather than 5846
to individual counties. Prior to entering into an agreement to 5847
create a regional council, the members of each county council to 5848
be part of the regional council shall meet to determine whether 5849
all or part of the members of each county council will serve as 5850
members of the regional council.5851

       (7) A board of county commissioners may approve a resolution 5852
by a majority vote of the board's members that requires the county 5853
council to submit a statement to the board each time the council 5854
proposes to enter into an agreement, adopt a plan, or make a 5855
decision, other than a decision pursuant to section 121.38 of the 5856
Revised Code, that requires the expenditure of funds for two or 5857
more families. The statement shall describe the proposed 5858
agreement, plan, or decision.5859

       Not later than fifteen days after the board receives the 5860
statement, it shall, by resolution approved by a majority of its 5861
members, approve or disapprove the agreement, plan, or decision. 5862
Failure of the board to pass a resolution during that time period 5863
shall be considered approval of the agreement, plan, or decision.5864

       An agreement, plan, or decision for which a statement is 5865
required to be submitted to the board shall be implemented only if 5866
it is approved by the board.5867

       (C) Each county shall develop a county service coordination 5868
mechanism. The county service coordination mechanism shall serve 5869
as the guiding document for coordination of services in the 5870
county. For children who also receive services under the help me 5871
grow program, the service coordination mechanism shall be 5872
consistent with rules adopted by the department of health under 5873
section 3701.61 of the Revised Code. All family service 5874
coordination plans shall be developed in accordance with the 5875
county service coordination mechanism. The mechanism shall be 5876
developed and approved with the participation of the county 5877
entities representing child welfare; mental retardation and 5878
developmental disabilities; alcohol, drug addiction, and mental 5879
health services; health; juvenile judges; education; the county 5880
family and children first council; and the county early 5881
intervention collaborative established pursuant to the federal 5882
early intervention program operated under the "Individuals with 5883
Disabilities Education Act of 2004." The county shall establish an 5884
implementation schedule for the mechanism. The cabinet council may 5885
monitor the implementation and administration of each county's 5886
service coordination mechanism.5887

       Each mechanism shall include all of the following:5888

       (1) A procedure for an agency, including a juvenile court, or 5889
a family voluntarily seeking service coordination, to refer the 5890
child and family to the county council for service coordination in 5891
accordance with the mechanism;5892

       (2) A procedure ensuring that a family and all appropriate 5893
staff from involved agencies, including a representative from the 5894
appropriate school district, are notified of and invited to 5895
participate in all family service coordination plan meetings;5896

        (3) A procedure that permits a family to initiate a meeting 5897
to develop or review the family's service coordination plan and 5898
allows the family to invite a family advocate, mentor, or support 5899
person of the family's choice to participate in any such meeting;5900

        (4) A procedure for ensuring that a family service 5901
coordination plan meeting is conducted for each child who receives 5902
service coordination under the mechanism and for whom an emergency 5903
out-of-home placement has been made or for whom a nonemergency 5904
out-of-home placement is being considered. The meeting shall be 5905
conducted within ten days of an emergency out-of-home placement. 5906
The meeting shall be conducted before a nonemergency out-of-home 5907
placement. The family service coordination plan shall outline how 5908
the county council members will jointly pay for services, where 5909
applicable, and provide services in the least restrictive 5910
environment.5911

        (5) A procedure for monitoring the progress and tracking the 5912
outcomes of each service coordination plan requested in the county 5913
including monitoring and tracking children in out-of-home 5914
placements to assure continued progress, appropriateness of 5915
placement, and continuity of care after discharge from placement 5916
with appropriate arrangements for housing, treatment, and 5917
education.5918

        (6) A procedure for protecting the confidentiality of all 5919
personal family information disclosed during service coordination 5920
meetings or contained in the comprehensive family service 5921
coordination plan.5922

        (7) A procedure for assessing the needs and strengths of any 5923
child or family that has been referred to the council for service 5924
coordination, including a child whose parent or custodian is 5925
voluntarily seeking services, and for ensuring that parents and 5926
custodians are afforded the opportunity to participate;5927

       (8) A procedure for development of a family service 5928
coordination plan described in division (D) of this section;5929

       (9) A local dispute resolution process to serve as the 5930
process that must be used first to resolve disputes among the 5931
agencies represented on the county council concerning the 5932
provision of services to children, including children who are 5933
abused, neglected, dependent, unruly, alleged unruly, or 5934
delinquent children and under the jurisdiction of the juvenile 5935
court and children whose parents or custodians are voluntarily 5936
seeking services. The local dispute resolution process shall 5937
comply with sections 121.38, 121.381, and 121.382 of the Revised 5938
Code. The local dispute resolution process shall be used to 5939
resolve disputes between a child's parents or custodians and the 5940
county council regarding service coordination. The county council 5941
shall inform the parents or custodians of their right to use the 5942
dispute resolution process. Parents or custodians shall use 5943
existing local agency grievance procedures to address disputes not 5944
involving service coordination. The dispute resolution process is 5945
in addition to and does not replace other rights or procedures 5946
that parents or custodians may have under other sections of the 5947
Revised Code.5948

       The cabinet council shall adopt rules in accordance with 5949
Chapter 119. of the Revised Code establishing an administrative 5950
review process to address problems that arise concerning the 5951
operation of a local dispute resolution process.5952

        Nothing in division (C)(4) of this section shall be 5953
interpreted as overriding or affecting decisions of a juvenile 5954
court regarding an out-of-home placement, long-term placement, or 5955
emergency out-of-home placement.5956

       (D) Each county shall develop a family service coordination 5957
plan that does all of the following:5958

       (1) Designates service responsibilities among the various 5959
state and local agencies that provide services to children and 5960
their families, including children who are abused, neglected, 5961
dependent, unruly, or delinquent children and under the 5962
jurisdiction of the juvenile court and children whose parents or 5963
custodians are voluntarily seeking services;5964

       (2) Designates an individual, approved by the family, to 5965
track the progress of the family service coordination plan, 5966
schedule reviews as necessary, and facilitate the family service 5967
coordination plan meeting process;5968

        (3) Ensures that assistance and services to be provided are 5969
responsive to the strengths and needs of the family, as well as 5970
the family's culture, race, and ethnic group, by allowing the 5971
family to offer information and suggestions and participate in 5972
decisions. Identified assistance and services shall be provided in 5973
the least restrictive environment possible.5974

        (4) Includes a process for dealing with a child who is 5975
alleged to be an unruly child. The process shall include methods 5976
to divert the child from the juvenile court system;5977

       (5) Includes timelines for completion of goals specified in 5978
the plan with regular reviews scheduled to monitor progress toward 5979
those goals;5980

        (6) Includes a plan for dealing with short-term crisis 5981
situations and safety concerns.5982

       (E)(1) The process provided for under division (D)(4) of this 5983
section may include, but is not limited to, the following:5984

        (a) Designation of the person or agency to conduct the 5985
assessment of the child and the child's family as described in 5986
division (C)(7) of this section and designation of the instrument 5987
or instruments to be used to conduct the assessment;5988

       (b) An emphasis on the personal responsibilities of the child 5989
and the parental responsibilities of the parents, guardian, or 5990
custodian of the child;5991

       (c) Involvement of local law enforcement agencies and 5992
officials.5993

       (2) The method to divert a child from the juvenile court 5994
system that must be included in the service coordination process 5995
may include, but is not limited to, the following:5996

       (a) The preparation of a complaint under section 2151.27 of 5997
the Revised Code alleging that the child is an unruly child and 5998
notifying the child and the parents, guardian, or custodian that 5999
the complaint has been prepared to encourage the child and the 6000
parents, guardian, or custodian to comply with other methods to 6001
divert the child from the juvenile court system;6002

       (b) Conducting a meeting with the child, the parents, 6003
guardian, or custodian, and other interested parties to determine 6004
the appropriate methods to divert the child from the juvenile 6005
court system;6006

        (c) A method to provide to the child and the child's family a 6007
short-term respite from a short-term crisis situation involving a 6008
confrontation between the child and the parents, guardian, or 6009
custodian;6010

       (d) A program to provide a mentor to the child or the 6011
parents, guardian, or custodian;6012

       (e) A program to provide parenting education to the parents, 6013
guardian, or custodian;6014

       (f) An alternative school program for children who are truant 6015
from school, repeatedly disruptive in school, or suspended or 6016
expelled from school;6017

       (g) Other appropriate measures, including, but not limited 6018
to, any alternative methods to divert a child from the juvenile 6019
court system that are identified by the Ohio family and children 6020
first cabinet council.6021

       (F) Each county may review and revise the service 6022
coordination process described in division (D) of this section 6023
based on the availability of funds under Title IV-A of the "Social 6024
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended, 6025
or to the extent resources are available from any other federal, 6026
state, or local funds.6027

       Sec. 121.40.  (A) There is hereby created the Ohio community6028
commission on service counciland volunteerism consisting of 6029
twenty-one voting members including the superintendent of public 6030
instruction or the superintendent's designee, the chancellor of 6031
the Ohio board of regents or the chancellor's designee, the 6032
director of youth services or the director's designee, the 6033
director of aging or the director's designee, the chairperson of 6034
the committee of the house of representatives dealing with 6035
education or the chairperson's designee, the chairperson of the 6036
committee of the senate dealing with education or the 6037
chairperson's designee, and fifteen members who shall be appointed 6038
by the governor with the advice and consent of the senate and who 6039
shall serve terms of office of three years. The appointees shall 6040
include educators, including teachers and administrators; 6041
representatives of youth organizations; students and parents; 6042
representatives of organizations engaged in volunteer program 6043
development and management throughout the state, including youth 6044
and conservation programs; and representatives of business, 6045
government, nonprofit organizations, social service agencies, 6046
veterans organizations, religious organizations, or philanthropies 6047
that support or encourage volunteerism within the state. The 6048
director of the governor's office of faith-based and community 6049
initiatives shall serve as a nonvoting ex officio member of the 6050
councilcommission. Members of the councilcommission shall 6051
receive no compensation, but shall be reimbursed for actual and 6052
necessary expenses incurred in the performance of their official 6053
duties.6054

       (B) The councilcommission shall appoint an executive 6055
director for the councilcommission, who shall be in the 6056
unclassified civil service. The governor shall be informed of the 6057
appointment of an executive director before such an appointment is 6058
made. The executive director shall supervise the council's6059
commission's activities and report to the councilcommission on 6060
the progress of those activities. The executive director shall do 6061
all things necessary for the efficient and effective 6062
implementation of the duties of the councilcommission.6063

       The responsibilities assigned to the executive director do 6064
not relieve the members of the councilcommission from final 6065
responsibility for the proper performance of the requirements of 6066
this section.6067

       (C) The councilcommission or its designee shall do all of 6068
the following:6069

       (1) Employ, promote, supervise, and remove all employees as 6070
needed in connection with the performance of its duties under this 6071
section and may assign duties to those employees as necessary to 6072
achieve the most efficient performance of its functions, and to 6073
that end may establish, change, or abolish positions, and assign 6074
and reassign duties and responsibilities of any employee of the6075
councilcommission. Personnel employed by the councilcommission6076
who are subject to Chapter 4117. of the Revised Code shall retain 6077
all of their rights and benefits conferred pursuant to that 6078
chapter. Nothing in this chapter shall be construed as eliminating 6079
or interfering with Chapter 4117. of the Revised Code or the 6080
rights and benefits conferred under that chapter to public 6081
employees or to any bargaining unit.6082

       (2) Maintain its office in Columbus, and may hold sessions at 6083
any place within the state;6084

       (3) Acquire facilities, equipment, and supplies necessary to 6085
house the councilcommission, its employees, and files and records 6086
under its control, and to discharge any duty imposed upon it by 6087
law. The expense of these acquisitions shall be audited and paid 6088
for in the same manner as other state expenses. For that purpose, 6089
the councilcommission shall prepare and submit to the office of 6090
budget and management a budget for each biennium according to 6091
sections 101.532 and 107.03 of the Revised Code. The budget 6092
submitted shall cover the costs of the councilcommission and its 6093
staff in the discharge of any duty imposed upon the council6094
commission by law. The councilcommission shall not delegate any 6095
authority to obligate funds.6096

       (4) Pay its own payroll and other operating expenses from 6097
line items designated by the general assembly;6098

       (5) Retain its fiduciary responsibility as appointing 6099
authority. Any transaction instructions shall be certified by the 6100
appointing authority or its designee.6101

       (6) Establish the overall policy and management of the6102
councilcommission in accordance with this chapter;6103

       (7) Assist in coordinating and preparing the state 6104
application for funds under sections 101 to 184 of the "National 6105
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42 6106
U.S.C.A. 12411 to 12544, as amended, assist in administering and 6107
overseeing the "National and Community Service Trust Act of 1993," 6108
P.L. 103-82, 107 Stat. 785, and the americorps program in this 6109
state, and assist in developing objectives for a comprehensive 6110
strategy to encourage and expand community service programs 6111
throughout the state;6112

       (8) Assist the state board of education, school districts, 6113
the chancellor of the board of regents, and institutions of higher 6114
education in coordinating community service education programs 6115
through cooperative efforts between institutions and organizations 6116
in the public and private sectors;6117

       (9) Assist the departments of natural resources, youth 6118
services, aging, and job and family services in coordinating 6119
community service programs through cooperative efforts between 6120
institutions and organizations in the public and private sectors;6121

       (10) Suggest individuals and organizations that are available 6122
to assist school districts, institutions of higher education, and 6123
the departments of natural resources, youth services, aging, and 6124
job and family services in the establishment of community service 6125
programs and assist in investigating sources of funding for 6126
implementing these programs;6127

       (11) Assist in evaluating the state's efforts in providing 6128
community service programs using standards and methods that are 6129
consistent with any statewide objectives for these programs and 6130
provide information to the state board of education, school 6131
districts, the chancellor of the board of regents, institutions of 6132
higher education, and the departments of natural resources, youth 6133
services, aging, and job and family services to guide them in 6134
making decisions about these programs;6135

       (12) Assist the state board of education in complying with 6136
section 3301.70 of the Revised Code and the chancellor of the 6137
board of regents in complying with division (B)(2) of section 6138
3333.043 of the Revised Code;6139

       (13) Advise, assist, consult with, and cooperate with, by 6140
contract or otherwise, agencies and political subdivisions of this 6141
state in establishing a statewide system for volunteers pursuant 6142
to section 121.404 of the Revised Code.6143

       (D) The councilcommission shall in writing enter into an 6144
agreement with another state agency to serve as the council's6145
commission's fiscal agent. Before entering into such an agreement, 6146
the councilcommission shall inform the governor of the terms of 6147
the agreement and of the state agency designated to serve as the 6148
council'scommission's fiscal agent. The fiscal agent shall be 6149
responsible for all the council'scommission's fiscal matters and 6150
financial transactions, as specified in the agreement. Services to 6151
be provided by the fiscal agent include, but are not limited to, 6152
the following:6153

       (1) Preparing and processing payroll and other personnel 6154
documents that the councilcommission executes as the appointing 6155
authority;6156

       (2) Maintaining ledgers of accounts and reports of account 6157
balances, and monitoring budgets and allotment plans in 6158
consultation with the councilcommission; and 6159

       (3) Performing other routine support services that the fiscal 6160
agent considers appropriate to achieve efficiency.6161

       (E)(1) The councilcommission, in conjunction and 6162
consultation with the fiscal agent, has the following authority 6163
and responsibility relative to fiscal matters:6164

       (a) Sole authority to draw funds for any and all federal 6165
programs in which the councilcommission is authorized to 6166
participate;6167

       (b) Sole authority to expend funds from their accounts for 6168
programs and any other necessary expenses the councilcommission6169
may incur and its subgrantees may incur; and6170

       (c) Responsibility to cooperate with and inform the fiscal 6171
agent fully of all financial transactions.6172

       (2) The councilcommission shall follow all state 6173
procurement, fiscal, human resources, statutory, and 6174
administrative rule requirements.6175

       (3) The fiscal agent shall determine fees to be charged to 6176
the councilcommission, which shall be in proportion to the 6177
services performed for the councilcommission.6178

       (4) The councilcommission shall pay fees owed to the fiscal 6179
agent from a general revenue fund of the councilcommission or 6180
from any other fund from which the operating expenses of the 6181
councilcommission are paid. Any amounts set aside for a fiscal 6182
year for the payment of these fees shall be used only for the 6183
services performed for the councilcommission by the fiscal agent 6184
in that fiscal year.6185

       (F) The councilcommission may accept and administer grants 6186
from any source, public or private, to carry out any of the 6187
council'scommission's functions this section establishes.6188

       Sec. 121.401.  (A) As used in this section and section 6189
121.402 of the Revised Code, "organization or entity" and 6190
"unsupervised access to a child" have the same meanings as in 6191
section 109.574 of the Revised Code.6192

       (B) The Ohio communitycommission on service counciland 6193
volunteerism shall adopt a set of "recommended best practices" for 6194
organizations or entities to follow when one or more volunteers of 6195
the organization or entity have unsupervised access to one or more 6196
children or otherwise interact with one or more children. The 6197
"recommended best practices" shall focus on, but shall not be 6198
limited to, the issue of the safety of the children and, in 6199
addition, the screening and supervision of volunteers. The 6200
"recommended best practices" shall include as a recommended best 6201
practice that the organization or entity subject to a criminal 6202
records check performed by the bureau of criminal identification 6203
and investigation pursuant to section 109.57, section 109.572, or 6204
rules adopted under division (E) of section 109.57 of the Revised 6205
Code, all of the following:6206

       (1) All persons who apply to serve as a volunteer in a 6207
position in which the person will have unsupervised access to a 6208
child on a regular basis.6209

       (2) All volunteers who are in a position in which the person 6210
will have unsupervised access to a child on a regular basis and 6211
who the organization or entity has not previously subjected to a 6212
criminal records check performed by the bureau of criminal 6213
identification and investigation.6214

       (C) The set of "recommended best practices" required to be 6215
adopted by this section are in addition to the educational program 6216
required to be adopted under section 121.402 of the Revised Code.6217

       Sec. 121.402.  (A) The Ohio communitycommission on service 6218
counciland volunteerism shall establish and maintain an 6219
educational program that does all of the following:6220

       (1) Makes available to parents and guardians of children 6221
notice about the provisions of sections 109.574 to 109.577, 6222
section 121.401, and section 121.402 of the Revised Code and 6223
information about how to keep children safe when they are under 6224
the care, custody, or control of a person other than the parent or 6225
guardian;6226

       (2) Makes available to organizations and entities information 6227
regarding the best methods of screening and supervising 6228
volunteers, how to obtain a criminal records check of a volunteer, 6229
confidentiality issues relating to reports of criminal records 6230
checks, and record keeping regarding the reports;6231

       (3) Makes available to volunteers information regarding the 6232
possibility of being subjected to a criminal records check and 6233
displaying appropriate behavior to minors;6234

       (4) Makes available to children advice on personal safety and 6235
information on what action to take if someone takes inappropriate 6236
action towards a child.6237

       (B) The program shall begin making the materials described in 6238
this section available not later than March 22, 2002.6239

       Sec. 121.403. (A) The Ohio communitycommission on service 6240
counciland volunteerism may do any of the following:6241

        (1) Accept monetary gifts or donations;6242

        (2) Sponsor conferences, meetings, or events in furtherance 6243
of the council'scommission's purpose described in section 121.40 6244
of the Revised Code and charge fees for participation or 6245
involvement in the conferences, meetings, or events;6246

        (3) Sell promotional items in furtherance of the council's6247
commission's purpose described in section 121.40 of the Revised 6248
Code.6249

        (B) All monetary gifts and donations, funds from the sale of 6250
promotional items, contributions received from the issuance of 6251
Ohio "volunteer" license plates pursuant to section 4503.93 of the 6252
Revised Code, and any fees paid to the councilcommission for 6253
conferences, meetings, or events sponsored by the council6254
commission shall be deposited into the Ohio communitycommission 6255
on service counciland volunteerism gifts and donations fund, 6256
which is hereby created in the state treasury. Moneys in the fund 6257
may be used only as follows:6258

        (1) To pay operating expenses of the councilcommission, 6259
including payroll, personal services, maintenance, equipment, and 6260
subsidy payments;6261

        (2) To support councilcommission programs promoting 6262
volunteerism and community service in the state;6263

        (3) As matching funds for federal grants.6264

       Sec. 121.404. (A) The Ohio communitycommission on service 6265
counciland volunteerism shall advise, assist, consult with, and 6266
cooperate with agencies and political subdivisions of this state 6267
to establish a statewide system for recruiting, registering, 6268
training, and deploying the types of volunteers the council6269
commission considers advisable and reasonably necessary to respond 6270
to an emergency declared by the state or political subdivision.6271

        (B) A registered volunteer is not liable in damages to any 6272
person or government entity in tort or other civil action, 6273
including an action upon a medical, dental, chiropractic, 6274
optometric, or other health-related claim or veterinary claim, for 6275
injury, death, or loss to person or property that may arise from 6276
an act or omission of that volunteer. This division applies to a 6277
registered volunteer while providing services within the scope of 6278
the volunteer's responsibilities during an emergency declared by 6279
the state or political subdivision or in disaster-related 6280
exercises, testing, or other training activities, if the 6281
volunteer's act or omission does not constitute willful or wanton 6282
misconduct.6283

       (C) The Ohio communitycommission on service counciland 6284
volunteerism shall adopt rules pursuant to Chapter 119. of the 6285
Revised Code to establish fees, procedures, standards, and 6286
requirements the councilcommission considers necessary to carry 6287
out the purposes of this section.6288

       (D)(1) A registered volunteer's status as a volunteer, and 6289
any information presented in summary, statistical, or aggregate 6290
form that does not identify an individual, is a public record 6291
pursuant to section 149.43 of the Revised Code.6292

        (2) Information related to a registered volunteer's specific 6293
and unique responsibilities, assignments, or deployment plans, 6294
including but not limited to training, preparedness, readiness, or 6295
organizational assignment, is a security record for purposes of 6296
section 149.433 of the Revised Code.6297

        (3) Information related to a registered volunteer's personal 6298
information, including but not limited to contact information, 6299
medical information, or information related to family members or 6300
dependents, is not a public record pursuant to section 149.43 of 6301
the Revised Code.6302

        (E) As used in this section and section 121.40 of the Revised 6303
Code:6304

        (1) "Registered volunteer" means any individual registered as 6305
a volunteer pursuant to procedures established under this section 6306
and who serves without pay or other consideration, other than the 6307
reasonable reimbursement or allowance for expenses actually 6308
incurred or the provision of incidental benefits related to the 6309
volunteer's service, such as meals, lodging, and childcare.6310

        (2) "Political subdivision" means a county, township, or 6311
municipal corporation in this state.6312

       Sec. 122.085.  As used in sections 122.085 to 122.0820 of the 6313
Revised Code:6314

       (A)(1) "Allowable costs" includes costs related to the 6315
following:6316

       (a) Acquisition of land and buildings;6317

       (b) Building construction;6318

       (c) Making improvements to land and buildings, including the 6319
following:6320

       (i) Expanding, reconstructing, rehabilitating, remodeling, 6321
renovating, enlarging, modernizing, equipping, and furnishing 6322
buildings and structures, including leasehold improvements;6323

       (ii) Site preparation, including wetland mitigation.6324

       (d) Planning or determining feasibility or practicability;6325

       (e) Indemnity or surety bonds and premiums on insurance;6326

       (f) Remediation, in compliance with state and federal 6327
environmental protection laws, of environmentally contaminated 6328
property on which hazardous substances exist under conditions that 6329
have caused or would likely cause the property to be identified as 6330
contaminated by the Ohio environmental protection agency or the 6331
United States environmental protection agency;6332

       (g) Infrastructure improvements, including the following:6333

       (i) Demolition of buildings and other structures;6334

       (ii) Installation or relocation of water, storm water and 6335
sanitary sewer lines, water and waste water treatment facilities, 6336
pump stations, and water storage mechanisms and other similar 6337
equipment or facilities;6338

       (iii) Construction of roads, bridges, traffic control 6339
devices, and parking lots and facilities;6340

       (iv) Construction of utility infrastructure such as natural 6341
gas, electric, and telecommunications, including broadband and 6342
hookups;6343

       (v) Water and railway access improvements;6344

       (vi) Costs of professional services.6345

       (2) "Allowable costs" do not include administrative costs 6346
assessed by or fees paid to the recipient of a grant.6347

       (B) "District public worksLocal government integrating and 6348
innovation committees" means those committees established under 6349
section 164.04 of the Revised Code.6350

       (C) "Eligible applicant" includes any political subdivision 6351
or non-profitnonprofit economic development organization, and, 6352
with prior approval of the director of development, private, 6353
for-profit entities. "Eligible applicant" does not include public 6354
or private institutions of higher education.6355

       (D) "Eligible project" includes projects that, upon 6356
completion, will be sites and facilities primarily intended for 6357
commercial, industrial, or manufacturing use. "Eligible projects" 6358
do not include sites and facilities intended primarily for 6359
residential, retail, or government use.6360

       (E) "Professional services" includes legal, environmental, 6361
archeological, engineering, architectural, surveying, design, or 6362
other similar services performed in conjunction with an eligible 6363
project. "Professional services" also includes designs, plans, 6364
specifications, surveys, estimates of costs, and other work 6365
products.6366

       Sec. 122.088.  In order to be considered for a grant under 6367
the annual competitive process, an eligible applicant shall fill 6368
out an application provided by the department of development and 6369
shall file it with the district public workslocal government6370
integrating and innovation committee with jurisdiction over the 6371
area in which the eligible project is located.6372

       Sec. 122.0810. (A) Each application for a grant pursuant to 6373
the annual competitive process received by a district public works6374
local government integrating and innovation committee shall be 6375
evaluated by the executive committee of the district committee. In 6376
conducting the evaluation, the executive committee shall determine 6377
whether the application for the proposed eligible project is 6378
complete and whether the project meets the requirements of section 6379
122.0815 of the Revised Code. If the application is complete and 6380
the eligible project meets the requirements of section 122.0815 of 6381
the Revised Code, the executive committee shall prioritize the 6382
eligible project pursuant to section 122.0816 of the Revised Code 6383
and pursuant to local priorities, as those priorities are 6384
determined by the executive committee, with all other eligible 6385
projects with complete applications that meet the requirements of 6386
section 122.0815 of the Revised Code. If the application is 6387
incomplete or the project does not meet the requirements of 6388
section 122.0815 of the Revised Code, the executive committee 6389
shall notify the applicant of the deficiencies and the period of 6390
time the applicant has to correct the deficiencies and submit the 6391
corrections to the executive committee. Failure to correct 6392
deficiencies within the time designated by the executive committee 6393
shall disqualify the project from consideration for a grant during 6394
the annual competitive process for that year.6395

       The executive committee, by the affirmative vote of a 6396
majority of all its members, shall select up to three eligible 6397
projects from the projects it has prioritized each year pursuant 6398
to the annual competitive process. The executive committee shall 6399
forward the applications and any accompanying information for each 6400
of the selected eligible projects to the department of development 6401
in the time and manner required by the rules governing the annual 6402
competitive process for the job ready site program.6403

       (B) For a district public workslocal government integrating 6404
and innovation committee that does not have an executive 6405
committee, the full committee shall perform the functions assigned 6406
to the executive committee under section 122.0816 of the Revised 6407
Code and division (A) of this section.6408

       (C) An executive committee, or a district committee that does 6409
not have an executive committee, may appoint a working group of 6410
committee members and staff to perform the functions of those 6411
committees as provided in this section.6412

       Sec. 122.0816. The department of development and the 6413
executive committees of district public workslocal government6414
integrating and innovation committees shall apply the following 6415
factors to eligible projects under the annual competitive process 6416
to determine a priority order for the eligible projects subject to 6417
that process:6418

       (A) The potential economic impact of the eligible project;6419

       (B) The potential impact of the eligible project on economic 6420
distress;6421

        (C) The amount of local, federal, and private funding 6422
available for the eligible project;6423

       (D) The demonstrated need for the eligible project;6424

       (E) The strength of the eligible project's marketing plan, if 6425
appropriate;6426

       (F) The level of financial need;6427

       (G) Any other factor the director of development determines 6428
should be considered.6429

       Sec. 122.0819.  The rules adopted to govern the annual 6430
competitive process for the job ready site program may provide for 6431
recovery of the costs, or a portion thereof, incurred by district 6432
public workslocal government integrating and innovation6433
committees and executive committees in conducting their duties 6434
under the program.6435

       Sec. 122.121.  (A) If an endorsing municipality or endorsing 6436
county enters into a joinder undertaking with a site selection 6437
organization, the endorsing municipality or endorsing county may 6438
apply to the director of development, on a form and in the manner 6439
prescribed by the director, for a grant based on the projected 6440
incremental increase in the receipts from the tax imposed under 6441
section 5739.02 of the Revised Code within the market area 6442
designated under division (C) of this section, for the two-week 6443
period that ends at the end of the day after the date on which a 6444
game will be held, that is directly attributable, as determined by 6445
the director, to the preparation for and presentation of the game. 6446
The director shall determine the projected incremental increase in 6447
the tax imposed under section 5739.02 of the Revised Code from 6448
information certified to the director by the endorsing 6449
municipality or the endorsing county including, but not limited 6450
to, historical attendance and ticket sales for the game, income 6451
statements showing revenue and expenditures for the game in prior 6452
years, attendance capacity at the proposed venues, event budget at 6453
the proposed venues, and projected lodging room nights based on 6454
historical attendance, attendance capacity at the proposed venues, 6455
and duration of the game and related activities. The endorsing 6456
municipality or endorsing county is eligible to receive a grant 6457
under this section only if the projected incremental increase in 6458
receipts from the tax imposed under section 5739.02 of the Revised 6459
Code, as determined by the director, exceeds two hundred fifty 6460
thousand dollars. The amount of the grant shall be determined by 6461
the director but shall not exceed five hundred thousand dollars. 6462
The director shall not issue grants with a total value of more 6463
than one million dollars in any fiscal year, and shall not issue 6464
any grant before July 1, 20112013.6465

       (B) If the director of development approves an application 6466
for an endorsing municipality or endorsing county and that 6467
endorsing municipality or endorsing county enters into a joinder 6468
agreement with a site selection organization, the endorsing 6469
municipality or endorsing county shall file a copy of the joinder 6470
agreement with the director of development, who immediately shall 6471
notify the director of budget and management of the filing. Within 6472
thirty days after receiving the notice, the director of budget and 6473
management shall establish a schedule to disburse from the general 6474
revenue fund to such endorsing municipality or endorsing county 6475
payments that total the amount certified by the director of 6476
development under division (A) of this section, but in no event 6477
shall the total amount disbursed exceed five hundred thousand 6478
dollars, and no disbursement shall be made before July 1, 20116479
2013. The payments shall be used exclusively by the endorsing 6480
municipality or endorsing county to fulfill a portion of its 6481
obligations to a site selection organization under game support 6482
contracts, which obligations may include the payment of costs 6483
relating to the preparations necessary for the conduct of the 6484
game, including acquiring, renovating, or constructing facilities; 6485
to pay the costs of conducting the game; and to assist the local 6486
organizing committee, endorsing municipality, or endorsing county 6487
in providing assurances required by a site selection organization 6488
sponsoring one or more games.6489

       (C) For the purposes of division (A) of this section, the 6490
director of development, in consultation with the tax 6491
commissioner, shall designate as a market area for a game each 6492
area in which they determine there is a reasonable likelihood of 6493
measurable economic impact directly attributable to the 6494
preparation for and presentation of the game and related events, 6495
including areas likely to provide venues, accommodations, and 6496
services in connection with the game based on the information and 6497
the copy of the joinder undertaking provided to the director under 6498
divisions (A) and (B) of this section. The director and 6499
commissioner shall determine the geographic boundaries of each 6500
market area. An endorsing municipality or endorsing county that 6501
has been selected as the site for a game must be included in a 6502
market area for the game.6503

       (D) A local organizing committee, endorsing municipality, or 6504
endorsing county shall provide information required by the 6505
director of development and tax commissioner to enable the 6506
director and commissioner to fulfill their duties under this 6507
section, including annual audited statements of any financial 6508
records required by a site selection organization and data 6509
obtained by the local organizing committee, endorsing 6510
municipality, or endorsing county relating to attendance at a game 6511
and to the economic impact of the game. A local organizing 6512
committee, an endorsing municipality, or an endorsing county shall 6513
provide an annual audited financial statement if so required by 6514
the director and commissioner, not later than the end of the 6515
fourth month after the date the period covered by the financial 6516
statement ends.6517

       (E) Within sixty days after the game, the endorsing 6518
municipality or the endorsing county shall report to the director 6519
of development about the economic impact of the game. The report 6520
shall be in the form and substance required by the director, 6521
including, but not limited to, a final income statement for the 6522
event showing total revenue and expenditures and revenue and 6523
expenditures in the market area for the game, and ticket sales for 6524
the game and any related activities for which admission was 6525
charged. The director of development shall determine, based on the 6526
reported information and the exercise of reasonable judgment, the 6527
incremental increase in receipts from the tax imposed under 6528
section 5739.02 of the Revised Code directly attributable to the 6529
game. If the actual incremental increase in such receipts is less 6530
than the projected incremental increase in receipts, the director 6531
may require the endorsing municipality or the endorsing county to 6532
refund to the state all or a portion of the grant.6533

       (F) No disbursement may be made under this section if the 6534
director of development determines that it would be used for the 6535
purpose of soliciting the relocation of a professional sports 6536
franchise located in this state.6537

       (G) This section may not be construed as creating or 6538
requiring a state guarantee of obligations imposed on an endorsing 6539
municipality or endorsing county under a game support contract or 6540
any other agreement relating to hosting one or more games in this 6541
state.6542

       Sec. 122.171. (A) As used in this section:6543

       (1) "Capital investment project" means a plan of investment 6544
at a project site for the acquisition, construction, renovation, 6545
or repair of buildings, machinery, or equipment, or for 6546
capitalized costs of basic research and new product development 6547
determined in accordance with generally accepted accounting 6548
principles, but does not include any of the following:6549

       (a) Payments made for the acquisition of personal property 6550
through operating leases;6551

       (b) Project costs paid before January 1, 2002;6552

       (c) Payments made to a related member as defined in section 6553
5733.042 of the Revised Code or to a consolidated elected taxpayer 6554
or a combined taxpayer as defined in section 5751.01 of the 6555
Revised Code.6556

       (2) "Eligible business" means a taxpayer and its related 6557
members with Ohio operations satisfying all of the following:6558

       (a) The taxpayer employs at least five hundred full-time 6559
equivalent employees or has an annual payroll of at least 6560
thirty-five million dollars at the time the tax credit authority 6561
grants the tax credit under this section;6562

       (b) The taxpayer makes or causes to be made payments for the 6563
capital investment project of eitherone of the following:6564

       (i) If the taxpayer is engaged at the project site primarily 6565
as a manufacturer, at least fifty million dollars in the aggregate 6566
at the project site during a period of three consecutive calendar 6567
years, including the calendar year that includes a day of the 6568
taxpayer's taxable year or tax period with respect to which the 6569
credit is granted;6570

       (ii) If the taxpayer is engaged at the project site primarily 6571
in significant corporate administrative functions, as defined by 6572
the director of development by rule, at least twenty million 6573
dollars in the aggregate at the project site during a period of 6574
three consecutive calendar years including the calendar year that 6575
includes a day of the taxpayer's taxable year or tax period with 6576
respect to which the credit is granted;6577

       (iii) If the taxpayer is applying to enter into an agreement 6578
for a tax credit authorized under division (B)(3) of this section, 6579
at least five million dollars in the aggregate at the project site 6580
during a period of three consecutive calendar years, including the 6581
calendar year that includes a day of the taxpayer's taxable year 6582
or tax period with respect to which the credit is granted.6583

       (c) The taxpayer had a capital investment project reviewed 6584
and approved by the tax credit authority as provided in divisions 6585
(C), (D), and (E) of this section.6586

       (3) "Full-time equivalent employees" means the quotient 6587
obtained by dividing the total number of hours for which employees 6588
were compensated for employment in the project by two thousand 6589
eighty. "Full-time equivalent employees" shall exclude hours that 6590
are counted for a credit under section 122.17 of the Revised Code.6591

       (4) "Income tax revenue" means the total amount withheld 6592
under section 5747.06 of the Revised Code by the taxpayer during 6593
the taxable year, or during the calendar year that includes the 6594
tax period, from the compensation of all employees employed in the 6595
project whose hours of compensation are included in calculating 6596
the number of full-time equivalent employees.6597

       (5) "Manufacturer" has the same meaning as in section 6598
5739.011 of the Revised Code.6599

       (6) "Project site" means an integrated complex of facilities 6600
in this state, as specified by the tax credit authority under this 6601
section, within a fifteen-mile radius where a taxpayer is 6602
primarily operating as an eligible business.6603

       (7) "Related member" has the same meaning as in section 6604
5733.042 of the Revised Code as that section existed on the 6605
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd 6606
general assembly, September 29, 1997.6607

       (8) "Taxable year" includes, in the case of a domestic or 6608
foreign insurance company, the calendar year ending on the 6609
thirty-first day of December preceding the day the superintendent 6610
of insurance is required to certify to the treasurer of state 6611
under section 5725.20 or 5729.05 of the Revised Code the amount of 6612
taxes due from insurance companies.6613

       (B) The tax credit authority created under section 122.17 of 6614
the Revised Code may grant tax credits under this section for the 6615
purpose of fostering job retention in this state. Upon application 6616
by an eligible business and upon consideration of the 6617
recommendation of the director of budget and management, tax 6618
commissioner, the superintendent of insurance in the case of an 6619
insurance company, and director of development under division (C) 6620
of this section, the tax credit authority may grant the following 6621
credits against the tax imposed by section 5725.18, 5729.03, 6622
5733.06, 5747.02, or 5751.02 of the Revised Code:6623

       (1) A nonrefundable credit to an eligible business;6624

       (2) A refundable credit to an eligible business meeting the 6625
following conditions, provided that the director of budget and 6626
management, tax commissioner, superintendent of insurance in the 6627
case of an insurance company, and director of development have 6628
recommended the granting of the credit to the tax credit authority 6629
before July 1, 2011:6630

       (a) The business retains at least one thousand full-time 6631
equivalent employees at the project site.6632

       (b) The business makes or causes to be made payments for a 6633
capital investment project of at least twenty-five million dollars 6634
in the aggregate at the project site during a period of three 6635
consecutive calendar years, including the calendar year that 6636
includes a day of the business' taxable year or tax period with 6637
respect to which the credit is granted.6638

       (c) In 2010, the business received a written offer of 6639
financial incentives from another state of the United States that 6640
the director determines to be sufficient inducement for the 6641
business to relocate the business' operations from this state to 6642
that state.6643

       (3) A refundable credit to an eligible business with a total 6644
annual payroll of at least twenty million dollars, provided that 6645
the tax credit authority grants the tax credit on or after July 1, 6646
2011, and before January 1, 2014.6647

       The credits authorized in divisions (B)(1) and, (2), and (3)6648
of this section may be granted for a period up to fifteen taxable 6649
years or, in the case of the tax levied by section 5751.02 of the 6650
Revised Code, for a period of up to fifteen calendar years. The 6651
credit amount for a taxable year or a calendar year that includes 6652
the tax period for which a credit may be claimed equals the income 6653
tax revenue for that year multiplied by the percentage specified 6654
in the agreement with the tax credit authority. The percentage may 6655
not exceed seventy-five per cent. The credit shall be claimed in 6656
the order required under section 5725.98, 5729.98, 5733.98, 6657
5747.98, or 5751.98 of the Revised Code. In determining the 6658
percentage and term of the credit, the tax credit authority shall 6659
consider both the number of full-time equivalent employees and the 6660
value of the capital investment project. The credit amount may not 6661
be based on the income tax revenue for a calendar year before the 6662
calendar year in which the tax credit authority specifies the tax 6663
credit is to begin, and the credit shall be claimed only for the 6664
taxable years or tax periods specified in the eligible business' 6665
agreement with the tax credit authority. In no event shall the 6666
credit be claimed for a taxable year or tax period terminating 6667
before the date specified in the agreement. Any credit granted 6668
under this section against the tax imposed by section 5733.06 or 6669
5747.02 of the Revised Code, to the extent not fully utilized 6670
against such tax for taxable years ending prior to 2008, shall 6671
automatically be converted without any action taken by the tax 6672
credit authority to a credit against the tax levied under Chapter 6673
5751. of the Revised Code for tax periods beginning on or after 6674
July 1, 2008, provided that the person to whom the credit was 6675
granted is subject to such tax. The converted credit shall apply 6676
to those calendar years in which the remaining taxable years 6677
specified in the agreement end.6678

        If a nonrefundable credit allowed under division (B)(1) of 6679
this section for a taxable year or tax period exceeds the 6680
taxpayer's tax liability for that year or period, the excess may 6681
be carried forward for the three succeeding taxable or calendar 6682
years, but the amount of any excess credit allowed in any taxable 6683
year or tax period shall be deducted from the balance carried 6684
forward to the succeeding year or period. 6685

       (C) A taxpayer that proposes a capital investment project to 6686
retain jobs in this state may apply to the tax credit authority to 6687
enter into an agreement for a tax credit under this section. The 6688
director of development shall prescribe the form of the 6689
application. After receipt of an application, the authority shall 6690
forward copies of the application to the director of budget and 6691
management, the tax commissioner, the superintendent of insurance 6692
in the case of an insurance company, and the director of 6693
development, each of whom shall review the application to 6694
determine the economic impact the proposed project would have on 6695
the state and the affected political subdivisions and shall submit 6696
a summary of their determinations and recommendations to the 6697
authority. 6698

       (D) Upon review and consideration of the determinations and 6699
recommendations described in division (C) of this section, the tax 6700
credit authority may enter into an agreement with the taxpayer for 6701
a credit under this section if the authority determines all of the 6702
following:6703

       (1) The taxpayer's capital investment project will result in 6704
the retention of employment in this state.6705

       (2) The taxpayer is economically sound and has the ability to 6706
complete the proposed capital investment project.6707

       (3) The taxpayer intends to and has the ability to maintain 6708
operations at the project site for at least the greater of (a) the 6709
term of the credit plus three years, or (b) seven years.6710

       (4) Receiving the credit is a major factor in the taxpayer's 6711
decision to begin, continue with, or complete the project.6712

       (5) If the taxpayer is applying to enter into an agreement 6713
for a tax credit authorized under division (B)(3) of this section, 6714
the taxpayer's capital investment project will be located in the 6715
political subdivision in which the taxpayer maintains its 6716
principal place of business.6717

       (E) An agreement under this section shall include all of the 6718
following:6719

       (1) A detailed description of the project that is the subject 6720
of the agreement, including the amount of the investment, the 6721
period over which the investment has been or is being made, the 6722
number of full-time equivalent employees at the project site, and 6723
the anticipated income tax revenue to be generated.6724

       (2) The term of the credit, the percentage of the tax credit, 6725
the maximum annual value of tax credits that may be allowed each 6726
year, and the first year for which the credit may be claimed.6727

        (3) A requirement that the taxpayer maintain operations at 6728
the project site for at least the greater of (a) the term of the 6729
credit plus three years, or (b) seven years.6730

       (4) A requirement that the taxpayer retain a specified number 6731
of full-time equivalent employees at the project site and within 6732
this state for the term of the credit, including a requirement 6733
that the taxpayer continue to employ at least five hundred 6734
full-time equivalent employees during the entire term of the 6735
agreement in the case of a credit granted under division (B)(1) of 6736
this section, and one thousand full-time equivalent employees in 6737
the case of a credit granted under division (B)(2) of this section6738
(a) In the case of a credit granted under division (B)(1) of this 6739
section, a requirement that the taxpayer retain at least five 6740
hundred full-time equivalent employees at the project site and 6741
within this state for the entire term of the credit, or a 6742
requirement that the taxpayer maintain an annual payroll of at 6743
least thirty-five million dollars for the entire term of the 6744
credit;6745

        (b) In the case of a credit granted under division (B)(2) of 6746
this section, a requirement that the taxpayer retain at least one 6747
thousand full-time equivalent employees at the project site and 6748
within this state for the entire term of the credit;6749

        (c) In the case of a credit granted under division (B)(3) of 6750
this section, a requirement that the taxpayer maintain an annual 6751
payroll of at least twenty million dollars for the entire term of 6752
the credit and either of the following:6753

        (i) A requirement that the taxpayer retain at least five 6754
hundred full-time equivalent employees at the project site and 6755
within this state for the entire term of the credit;6756

        (ii) A requirement that the taxpayer maintain an annual 6757
payroll of at least thirty-five million dollars for the entire 6758
term of the credit.6759

       (5) A requirement that the taxpayer annually report to the 6760
director of development employment, tax withholding, capital 6761
investment, and other information the director needs to perform 6762
the director's duties under this section.6763

       (6) A requirement that the director of development annually 6764
review the annual reports of the taxpayer to verify the 6765
information reported under division (E)(5) of this section and 6766
compliance with the agreement. Upon verification, the director 6767
shall issue a certificate to the taxpayer stating that the 6768
information has been verified and identifying the amount of the 6769
credit for the taxable year or calendar year that includes the tax 6770
period. In determining the number of full-time equivalent 6771
employees, no position shall be counted that is filled by an 6772
employee who is included in the calculation of a tax credit under 6773
section 122.17 of the Revised Code.6774

        (7) A provision providing that the taxpayer may not relocate 6775
a substantial number of employment positions from elsewhere in 6776
this state to the project site unless the director of development 6777
determines that the taxpayer notified the legislative authority of 6778
the county, township, or municipal corporation from which the 6779
employment positions would be relocated.6780

       For purposes of this section, the movement of an employment 6781
position from one political subdivision to another political 6782
subdivision shall be considered a relocation of an employment 6783
position unless the movement is confined to the project site. The 6784
transfer of an employment position from one political subdivision 6785
to another political subdivision shall not be considered a 6786
relocation of an employment position if the employment position in 6787
the first political subdivision is replaced by another employment 6788
position.6789

       (8) A waiver by the taxpayer of any limitations periods 6790
relating to assessments or adjustments resulting from the 6791
taxpayer's failure to comply with the agreement.6792

       (F) If a taxpayer fails to meet or comply with any condition 6793
or requirement set forth in a tax credit agreement, the tax credit 6794
authority may amend the agreement to reduce the percentage or term 6795
of the credit. The reduction of the percentage or term may take 6796
effect in the current taxable or calendar year.6797

       (G) Financial statements and other information submitted to 6798
the department of development or the tax credit authority by an 6799
applicant for or recipient of a tax credit under this section, and 6800
any information taken for any purpose from such statements or 6801
information, are not public records subject to section 149.43 of 6802
the Revised Code. However, the chairperson of the authority may 6803
make use of the statements and other information for purposes of 6804
issuing public reports or in connection with court proceedings 6805
concerning tax credit agreements under this section. Upon the 6806
request of the tax commissioner, or the superintendent of 6807
insurance in the case of an insurance company, the chairperson of 6808
the authority shall provide to the commissioner or superintendent 6809
any statement or other information submitted by an applicant for 6810
or recipient of a tax credit in connection with the credit. The 6811
commissioner or superintendent shall preserve the confidentiality 6812
of the statement or other information.6813

       (H) A taxpayer claiming a tax credit under this section shall 6814
submit to the tax commissioner or, in the case of an insurance 6815
company, to the superintendent of insurance, a copy of the 6816
director of development's certificate of verification under 6817
division (E)(6) of this section with the taxpayer's tax report or 6818
return for the taxable year or for the calendar year that includes 6819
the tax period. Failure to submit a copy of the certificate with 6820
the report or return does not invalidate a claim for a credit if 6821
the taxpayer submits a copy of the certificate to the commissioner 6822
or superintendent within sixty days after the commissioner or 6823
superintendent requests it.6824

       (I) For the purposes of this section, a taxpayer may include 6825
a partnership, a corporation that has made an election under 6826
subchapter S of chapter one of subtitle A of the Internal Revenue 6827
Code, or any other business entity through which income flows as a 6828
distributive share to its owners. A partnership, S-corporation, or 6829
other such business entity may elect to pass the credit received 6830
under this section through to the persons to whom the income or 6831
profit of the partnership, S-corporation, or other entity is 6832
distributed. The election shall be made on the annual report 6833
required under division (E)(5) of this section. The election 6834
applies to and is irrevocable for the credit for which the report 6835
is submitted. If the election is made, the credit shall be 6836
apportioned among those persons in the same proportions as those 6837
in which the income or profit is distributed.6838

       (J) If the director of development determines that a taxpayer 6839
that received a tax credit under this section is not complying 6840
with the requirement under division (E)(3) of this section, the 6841
director shall notify the tax credit authority of the 6842
noncompliance. After receiving such a notice, and after giving the 6843
taxpayer an opportunity to explain the noncompliance, the 6844
authority may terminate the agreement and require the taxpayer to 6845
refund to the state all or a portion of the credit claimed in 6846
previous years, as follows:6847

        (1) If the taxpayer maintained operations at the project site 6848
for less than or equal to the term of the credit, an amount not to 6849
exceed one hundred per cent of the sum of any tax credits allowed 6850
and received under this section.6851

        (2) If the taxpayer maintained operations at the project site 6852
longer than the term of the credit, but less than the greater of 6853
(a) the term of the credit plus three years, or (b) seven years, 6854
the amount required to be refunded shall not exceed seventy-five 6855
per cent of the sum of any tax credits allowed and received under 6856
this section.6857

       In determining the portion of the credit to be refunded to 6858
this state, the authority shall consider the effect of market 6859
conditions on the taxpayer's project and whether the taxpayer 6860
continues to maintain other operations in this state. After making 6861
the determination, the authority shall certify the amount to be 6862
refunded to the tax commissioner or the superintendent of 6863
insurance. If the taxpayer is not an insurance company, the 6864
commissioner shall make an assessment for that amount against the 6865
taxpayer under Chapter 5733., 5747., or 5751. of the Revised Code. 6866
If the taxpayer is an insurance company, the superintendent of 6867
insurance shall make an assessment under section 5725.222 or 6868
5729.102 of the Revised Code. The time limitations on assessments 6869
under those chapters and sections do not apply to an assessment 6870
under this division, but the commissioner or superintendent shall 6871
make the assessment within one year after the date the authority 6872
certifies to the commissioner or superintendent the amount to be 6873
refunded.6874

       (K) The director of development, after consultation with the 6875
tax commissioner and the superintendent of insurance and in 6876
accordance with Chapter 119. of the Revised Code, shall adopt 6877
rules necessary to implement this section. The rules may provide 6878
for recipients of tax credits under this section to be charged 6879
fees to cover administrative costs of the tax credit program. The 6880
fees collected shall be credited to the tax incentive programs 6881
operating fund created in section 122.174 of the Revised Code. At 6882
the time the director gives public notice under division (A) of 6883
section 119.03 of the Revised Code of the adoption of the rules, 6884
the director shall submit copies of the proposed rules to the 6885
chairpersons of the standing committees on economic development in 6886
the senate and the house of representatives.6887

       (L) On or before the first day of August of each year, the 6888
director of development shall submit a report to the governor, the 6889
president of the senate, and the speaker of the house of 6890
representatives on the tax credit program under this section. The 6891
report shall include information on the number of agreements that 6892
were entered into under this section during the preceding calendar 6893
year, a description of the project that is the subject of each 6894
such agreement, and an update on the status of projects under 6895
agreements entered into before the preceding calendar year.6896

       (M)(1) The aggregate amount of tax credits issued under 6897
division (B)(1) of this section during any calendar year for 6898
capital investment projects reviewed and approved by the tax 6899
credit authority may not exceed the following amounts:6900

       (a) For 2010, thirteen million dollars;6901

       (b) For 2011 through 2023, the amount of the limit for the 6902
preceding calendar year plus thirteen million dollars;6903

       (c) For 2024 and each year thereafter, one hundred 6904
ninety-five million dollars.6905

       (2) The aggregate amount of tax credits issuedauthorized6906
under divisiondivisions (B)(2) and (3) of this section duringand 6907
allowed to be claimed by taxpayers in any calendar year for 6908
capital improvement projects reviewed and approved by the tax 6909
credit authority may not exceed eight million dollarsin 2011, 6910
2012, and 2013 combined shall not exceed twenty-five million 6911
dollars. An amount equal to the aggregate amount of credits first 6912
authorized in calendar year 2011, 2012, and 2013 may be claimed 6913
annually for up to fifteen years, subject to the terms of 6914
individual tax credit agreements.6915

       The limitations in division (M) of this section do not apply 6916
to credits for capital investment projects approved by the tax 6917
credit authority before July 1, 2009.6918

       Sec. 122.65. As used in sections 122.65 to 122.659 of the 6919
Revised Code:6920

       (A) "Applicable cleanup standards" means either of the 6921
following:6922

       (1) For property to which Chapter 3734. of the Revised Code 6923
and rules adopted under it apply, the requirements for closure or 6924
corrective action established in rules adopted under section 6925
3734.12 of the Revised Code;6926

       (2) For property to which Chapter 3746. of the Revised Code 6927
and rules adopted under it apply, the cleanup standards that are 6928
established in rules adopted under section 3746.04 of the Revised 6929
Code.6930

       (B) "Applicant" means a county, township, municipal 6931
corporation, port authority, or conservancy district or a park 6932
district, other similar park authority, nonprofit organization, or 6933
organization for profit that has entered into an agreement with a 6934
county, township, municipal corporation, port authority, or 6935
conservancy district to work in conjunction with that county, 6936
township, municipal corporation, port authority, or conservancy 6937
district for the purposes of sections 122.65 to 122.658 of the 6938
Revised Code.6939

       (C) "Assessment" means a phase I and phase II property 6940
assessment conducted in accordance with section 3746.04 of the 6941
Revised Code and rules adopted under that section.6942

       (D) "Brownfield" means an abandoned, idled, or under-used 6943
industrial, commercial, or institutional property where expansion 6944
or redevelopment is complicated by known or potential releases of 6945
hazardous substances or petroleum.6946

       (E) "Certified professional," "hazardous substance," 6947
"petroleum," and "release" have the same meanings as in section 6948
3746.01 of the Revised Code.6949

       (F) "Cleanup or remediation" means any action to contain, 6950
remove, or dispose of hazardous substances or petroleum at a 6951
brownfield. "Cleanup or remediation" includes the acquisition of a 6952
brownfield, demolition performed at a brownfield, and the 6953
installation or upgrade of the minimum amount of infrastructure 6954
that is necessary to make a brownfield operational for economic 6955
development activity.6956

       (G) "Distressed area" means either a municipal corporation 6957
with a population of at least fifty thousand or a county that 6958
meets any two of the following criteria:6959

       (1) Its average rate of unemployment, during the most recent 6960
five-year period for which data are available, is equal to at 6961
least one hundred twenty-five per cent of the average rate of 6962
unemployment for the United States for the same period.6963

       (2) It has a per capita income equal to or below eighty per 6964
cent of the median county per capita income of the United States 6965
as determined by the most recently available figures from the 6966
United States census bureau.6967

       (3)(a) In the case of a municipal corporation, at least 6968
twenty per cent of the residents have a total income for the most 6969
recent census year that is below the official poverty line.6970

       (b) In the case of a county, in intercensal years, the county 6971
has a ratio of transfer payment income to total county income 6972
equal to or greater than twenty-five per cent.6973

       "Distressed area" includes a municipal corporation the 6974
majority of the population of which is situated in a county that 6975
is a distressed area.6976

       (H) "Eligible area" means a distressed area, an inner city 6977
area, a labor surplus area, or a situational distress area.6978

       (I) "Inner city area" means an area in a municipal 6979
corporation that has a population of at least one hundred 6980
thousand, is not a labor surplus area, and is a targeted 6981
investment area established by the municipal corporation that is 6982
comprised of block tracts identified in the most recently 6983
available figures from the United States census bureau in which at 6984
least twenty per cent of the population in the area is at or below 6985
the official poverty line or of contiguous block tracts meeting 6986
those criteria.6987

       (J) "Institutional property" means property currently or 6988
formerly owned or controlled by the state that is or was used for 6989
a public or charitable purpose. However, "institutional property" 6990
does not mean property that is or was used for educational 6991
purposes.6992

       (K) "Integrating and innovation committee" means a district 6993
public workslocal government integrating and innovation committee 6994
established under section 164.04 of the Revised Code.6995

       (L) "Labor surplus area" means an area designated as a labor 6996
surplus area by the United States department of labor.6997

       (M) "Loan" includes credit enhancement.6998

       (N) "No further action letter" means a letter that is 6999
prepared by a certified professional when, on the basis of the 7000
best knowledge, information, and belief of the certified 7001
professional, the certified professional concludes that the 7002
cleanup or remediation of a brownfield meets the applicable 7003
cleanup standards and that contains all of the information 7004
specified in rules adopted under division (B)(7) of section 7005
3746.04 of the Revised Code.7006

       (O) "Nonprofit organization" means a corporation, 7007
association, group, institution, society, or other organization 7008
that is exempt from federal income taxation under section 7009
501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 7010
26 U.S.C. 501(c)(3), as amended.7011

       (P) "Property" means any parcel of real property, or portion 7012
of such a parcel, and any improvements to it.7013

       (Q) "Public health project" means the cleanup or remediation 7014
of a release or threatened release of hazardous substances or 7015
petroleum at a property where little or no economic redevelopment 7016
potential exists.7017

       (R) "Official poverty line" has the same meaning as in 7018
section 3923.51 of the Revised Code.7019

       (S) "Situational distress area" means a county or a municipal 7020
corporation that has experienced or is experiencing a closing or 7021
downsizing of a major employer that will adversely affect the 7022
county or municipal corporation's economy and that has applied to 7023
the director of development to be designated as a situational 7024
distress area for not more than thirty months by demonstrating all 7025
of the following:7026

       (1) The number of jobs lost by the closing or downsizing;7027

       (2) The impact that the job loss has on the county or 7028
municipal corporation's unemployment rate as measured by the 7029
director of job and family services;7030

       (3) The annual payroll associated with the job loss;7031

       (4) The amount of state and local taxes associated with the 7032
job loss;7033

       (5) The impact that the closing or downsizing has on 7034
suppliers located in the county or municipal corporation.7035

       Sec. 122.652. (A)(1) An applicant seeking a grant or loan for 7036
a brownfield cleanup or remediation project from the clean Ohio 7037
revitalization fund created in section 122.658 of the Revised Code 7038
shall request an application form from the appropriate integrating 7039
and innovation committee with geographical jurisdiction over the 7040
project for which a grant or loan is sought. The applicant shall 7041
complete the application and include all of the information 7042
required by sections 122.65 to 122.658 of the Revised Code and 7043
policies and requirements established under section 122.657 of the 7044
Revised Code.7045

       (2) In addition to the information that is required to be 7046
included in the application under division (A)(1) of this section, 7047
an applicant shall include an affidavit signed by the authorized 7048
representative of the applicant certifying that the applicant did 7049
not cause or contribute to the release of hazardous substances or 7050
petroleum at the brownfield that is the subject of the 7051
application.7052

       No person shall submit a false affidavit under division 7053
(A)(2) of this section.7054

       (3) After completion of the application, but prior to the 7055
submission of the application to the integrating and innovation7056
committee under division (B) of this section, the applicant shall 7057
conduct a public meeting concerning the application and the 7058
proposed cleanup or remediation. Not later than forty-five days 7059
prior to conducting the public meeting, the applicant shall 7060
provide notice of the date, time, and location of the public 7061
meeting in a newspaper of general circulation in the county in 7062
which the property that is the subject of the application is 7063
located. In addition, not later than forty-five days prior to the 7064
hearing, the applicant shall post notice of the date, time, and 7065
location of the public meeting at the property on a sign that 7066
measures not less than four feet by four feet or, if the political 7067
subdivision in which the sign is to be posted prohibits a sign of 7068
that size, the maximum size of sign permitted by that political 7069
subdivision.7070

       In addition, not later than forty-five days prior to the 7071
public meeting, the applicant shall provide a copy of the 7072
application to a public library in the vicinity of the property 7073
for public review. The submission of the application and the 7074
location of the public library shall be included in the notice 7075
required under this division. The general public may submit 7076
comments to the applicant concerning the application prior to and 7077
at the public meeting.7078

       (B) An applicant shall submit a completed application, all 7079
required information, and an application summary to the 7080
appropriate integrating and innovation committee. Based on a 7081
review of the application summaries submitted to it, an 7082
integrating and innovation committee or, if required under 7083
division (C) of this section, the executive committee of the 7084
integrating and innovation committee shall prioritize all 7085
applications in accordance with criteria and procedures 7086
established pursuant to section 122.657 of the Revised Code. The 7087
integrating and innovation committee shall choose not more than 7088
six applications annually that it determines merit funding and 7089
shall forward those applications and all accompanying information 7090
to the clean Ohio council. In prioritizing and choosing 7091
applications under this division, an integrating and innovation7092
committee or, if required under division (C) of this section, the 7093
executive committee of the integrating and innovation committee 7094
shall consult with local and regional economic development 7095
agencies or resources, community development agencies or 7096
organizations, local business organizations, and other appropriate 7097
entities located or operating in the geographic jurisdiction of 7098
the integrating and innovation committee.7099

       Notwithstanding this division or division (C) of this 7100
section, if an integrating and innovation committee receives only 7101
one application in any given year, the chair of the integrating 7102
and innovation committee or, if required under division (C) of 7103
this section, the chair of the executive committee of the 7104
integrating and innovation committee may forward that application 7105
to the clean Ohio council as the district's top priority project 7106
for that year without a vote of the full integrating and 7107
innovation committee or executive committee, as applicable. 7108
However, the chair of the integrating and innovation committee or 7109
chair of the executive committee, as applicable, shall provide 7110
written notice of the chair's intent to forward the application to 7111
each member of the integrating and innovation committee or 7112
executive committee, as applicable, not later than fiftennfifteen7113
days prior to forwarding the application.7114

       (C) For purposes of division (B) of this section, all 7115
decisions of an integrating and innovation committee that is 7116
required to be organized in accordance with division (A)(5) or (6) 7117
of section 164.04 of the Revised Code shall be approved by its 7118
executive committee that is required to be established under 7119
division (A)(7) or (8) of that section. The affirmative vote of at 7120
least seven members of an executive committee established under 7121
division (A)(7) of section 164.04 of the Revised Code, or of at 7122
least nine members of an executive committee established under 7123
division (A)(8) of that section, is required for any action taken 7124
by an executive committee for purposes of division (B) of this 7125
section. A decision of an executive committee may be rejected by a 7126
vote of at least two-thirds of the full membership of the 7127
applicable integrating and innovation committee not later than 7128
thirty days after the executive committee action. If an executive 7129
committee is required under this division to prioritize 7130
applications under division (B) of this section, only applications 7131
that are approved by the executive committee may be submitted to 7132
the clean Ohio council for purposes of sections 122.65 to 122.659 7133
of the Revised Code.7134

       (D) The clean Ohio council shall supply application forms to 7135
each integrating and innovation committee.7136

       Sec. 122.653. (A) Upon receipt of an application from an 7137
integrating and innovation committee, the clean Ohio council shall 7138
examine the application and all accompanying information to 7139
determine if the application is complete. If the council 7140
determines that the application is not complete, the council 7141
immediately shall notify the applicant that the application is not 7142
complete, provide a description of the information that is missing 7143
from the application, and return the application and all 7144
accompanying information to the applicant. The applicant may 7145
resubmit the application directly to the council.7146

       (B) The council shall approve or disapprove in writing 7147
applications submitted to it by integrating and innovation7148
committees or executive committees of integrating and innovation7149
committees for grants or loans from the clean Ohio revitalization 7150
fund. The council shall not approve a project that fails to comply 7151
with the requirements established in sections 122.65 to 122.658 of 7152
the Revised Code and policies and requirements established under 7153
section 122.657 of the Revised Code. The council also shall not 7154
approve a project if the applicant caused or contributed to the 7155
contamination at the property. In approving or disapproving 7156
applications, the council shall use the selection process 7157
established in policies and requirements established under section 7158
122.657 of the Revised Code.7159

       (C) If the council approves an application under this 7160
section, the council shall enter into an agreement with the 7161
applicant to award a grant or make a loan for the applicant's 7162
brownfield cleanup or remediation project. The agreement shall be 7163
executed prior to the payment or disbursement of any funds 7164
approved by the council under this section. The agreement shall 7165
contain, at a minimum, all of the following:7166

       (1) The designation of a single officer or employee of the 7167
applicant who will serve as project manager;7168

       (2) Procedures for the payment or disbursement of funds from 7169
the grant or loan to the applicant;7170

       (3) A designation of the percentage of the estimated total 7171
cost of the project for which the grant or loan will provide 7172
funding, which shall not exceed seventy-five per cent of that cost 7173
as provided in section 122.658 of the Revised Code;7174

       (4) A description of the manner by which the applicant will 7175
provide the remainder of the estimated total cost of the project, 7176
which shall equal at least twenty-five per cent of that cost as 7177
provided in section 122.658 of the Revised Code;7178

       (5) An assurance that the applicant will clean up or 7179
remediate the brownfield to the applicable cleanup standards;7180

       (6) A provision for the reimbursement of grant moneys or 7181
immediate repayment of the loan, as applicable, if the completed 7182
project does not comply with the applicable cleanup standards;7183

       (7) Any other provisions that the council considers necessary 7184
in order to ensure that the project's implementation will comply 7185
with the requirements established in sections 122.65 to 122.658 of 7186
the Revised Code and policies and requirements established under 7187
section 122.657 of the Revised Code.7188

       (D) If the council executes an agreement under this section, 7189
the council shall forward a copy of the agreement to the 7190
department of development for the purposes of section 122.658 of 7191
the Revised Code.7192

       (E) A grant may be awarded or a loan may be made for a 7193
project under this section to an applicant to pay the costs of 7194
cleanup or remediation of a brownfield in order to comply with 7195
applicable cleanup standards.7196

       Sec. 122.657.  For the purposes of sections 122.65 to 122.658 7197
of the Revised Code, the director of development shall establish 7198
policies and requirements regarding all of the following:7199

       (A) The form and content of applications for grants or loans 7200
from the clean Ohio revitalization fund under section 122.652 of 7201
the Revised Code. The policies and requirements shall require that 7202
each application include, at a minimum, all of the following:7203

       (1) The name, address, and telephone number of the applicant;7204

       (2) The legal description of the property for which the grant 7205
or loan is requested;7206

       (3) A summary description of the hazardous substances or 7207
petroleum present at the brownfield and a certified copy of the 7208
results of an assessment;7209

       (4) A detailed explanation of the proposed cleanup or 7210
remediation of the brownfield, including an identification of the 7211
applicable cleanup standards, and a detailed description of the 7212
proposed use of the brownfield after completion of the cleanup or 7213
remediation;7214

       (5) An estimate of the total cost to clean up or remediate 7215
the brownfield in order to comply with the applicable cleanup 7216
standards. The total cost shall include the cost of employing a 7217
certified professional under section 122.654 of the Revised Code.7218

       (6) A detailed explanation of the portion of the estimated 7219
total cost of the cleanup or remediation of the brownfield that 7220
the applicant proposes to provide as required under sections 7221
122.653 and 122.658 of the Revised Code and financial records 7222
supporting the proposal;7223

       (7) A certified copy of a resolution or ordinance approving 7224
the project that the applicant shall obtain from the board of 7225
township trustees of the township or the legislative authority of 7226
the municipal corporation in which the property is located, 7227
whichever is applicable;7228

       (8) A description of the estimated economic benefit that will 7229
result from a cleanup or remediation of the brownfield;7230

       (9) An application summary for purposes of review by an 7231
integrating and innovation committee or, if applicable, the 7232
executive committee of an integrating and innovation committee 7233
under division (B) of section 122.652 of the Revised Code;7234

       (10) With respect to applications for loans, information 7235
demonstrating that the applicant will implement a financial 7236
management plan that includes, without limitation, provisions for 7237
the satisfactory repayment of the loan;7238

       (11) Any other provisions that the director determines should 7239
be included in an application.7240

       (B) Procedures for conducting public meetings and providing 7241
public notice under division (A) of section 122.652 of the Revised 7242
Code;7243

       (C) Criteria to be used by integrating and innovation7244
committees or, if required under division (C) of section 122.652 7245
of the Revised Code, executive committees of integrating and 7246
innovation committees when prioritizing projects under division 7247
(B) of section 122.652 of the Revised Code. The policies and 7248
requirements also shall establish procedures that integrating and 7249
innovation committees or, if required under division (C) of 7250
section 122.652 of the Revised Code, executive committees of 7251
integrating and innovation committees shall use in applying the 7252
criteria.7253

       (D) A selection process that provides for the prioritization 7254
of brownfield cleanup or remediation projects for which grant or 7255
loan applications are submitted under section 122.652 of the 7256
Revised Code. The policies and requirements shall require the 7257
selection process to give priority to projects in which the 7258
post-cleanup or remediation use will be for a combination of 7259
residential, commercial, or industrial purposes, which may include 7260
the conversion of a portion of a brownfield to a recreation, park, 7261
or natural area that is integrated with the residential, 7262
commercial, or industrial use of the brownfield after cleanup or 7263
remediation, or will incorporate projects that are funded by 7264
grants awarded under sections 164.20 to 164.27 of the Revised 7265
Code. The policies and requirements shall require the selection 7266
process to incorporate and emphasize all of the following factors:7267

       (1) The potential economic benefit that will result from the 7268
cleanup or remediation of a brownfield;7269

       (2) The potential environmental improvement that will result 7270
from the cleanup or remediation of a brownfield;7271

       (3) The amount and nature of the match provided by an 7272
applicant as required under sections 122.653 and 122.658 of the 7273
Revised Code;7274

       (4) Funding priorities recommended by integrating and 7275
innovation committees or, if required under division (C) of 7276
section 122.652 of the Revised Code, executive committees of 7277
integrating and innovation committees under division (B) of 7278
section 122.652 of the Revised Code;7279

       (5) The potential benefit to low-income communities, 7280
including minority communities, that will result from the cleanup 7281
or remediation of a brownfield;7282

       (6) Any other factors that the director considers 7283
appropriate.7284

       (E) The development of criteria that the director shall use 7285
when awarding grants under section 122.656 of the Revised Code. 7286
The criteria shall give priority to public health projects. In 7287
addition, the director, in consultation with the director of 7288
environmental protection, shall establish policies and 7289
requirements that require the criteria to include a public health 7290
project selection process that incorporates and emphasizes all of 7291
the following factors:7292

       (1) The potential environmental improvement that will result 7293
from the cleanup or remediation;7294

       (2) The ability of an applicant to access the property for 7295
purposes of the cleanup or remediation;7296

       (3) The name and qualifications of the cleanup or remediation 7297
contractor;7298

       (4) Any other factors that the director of development 7299
considers appropriate.7300

       The director of development may develop any other policies 7301
and requirements that the director determines are necessary for 7302
the administration of section 122.656 of the Revised Code.7303

       (F) The development of a brownfield cleanup and remediation 7304
oversight program to ensure compliance with sections 122.65 to 7305
122.658 of the Revised Code and policies and requirements 7306
established under this section. The policies and requirements 7307
shall require the program to include, at a minimum, both of the 7308
following:7309

       (1) Procedures for the accounting of invoices and receipts 7310
and any other documents that are necessary to demonstrate that a 7311
cleanup or remediation was properly performed;7312

       (2) Procedures that are necessary to provide a detailed 7313
explanation of the status of the property five years after the 7314
completed cleanup or remediation.7315

       (G) A delineation of what constitutes administrative costs 7316
for purposes of divisions (D) and (F) of section 122.658 of the 7317
Revised Code;7318

       (H) Procedures and requirements for making loans and loan 7319
agreements that include at least all of the following:7320

       (1) Not more than fifteen per cent of moneys annually 7321
allocated to the clean Ohio revitalization fund shall be used for 7322
loans.7323

       (2) The loans shall be made at or below market rates of 7324
interest, including, without limitation, interest-free loans.7325

       (3) The recipient of a loan shall identify a source of 7326
security and a source of repayment of the loan.7327

       (4) All payments of principal and interest on a loan shall be 7328
deposited in the state treasury and credited to the clean Ohio 7329
revitalization revolving loan fund.7330

       (5) The clean Ohio council may accept notes and other forms 7331
of obligation to evidence indebtedness, accept mortgages, liens, 7332
pledges, assignments, and other security interests to secure such 7333
indebtedness, and take any actions that are considered by the 7334
council to be appropriate to protect such security and safeguard 7335
against losses, including, without limitation, foreclosure and 7336
bidding on the purchase of property upon foreclosure or other 7337
sale.7338

       (I) Any other policies and requirements that the director 7339
determines are necessary for the administration of sections 122.65 7340
to 122.658 of the Revised Code.7341

       Sec. 122.76.  (A) The director of development, with 7342
controlling board approval, may lend funds to minority business 7343
enterprises and to community improvement corporations, Ohio 7344
development corporations, minority contractors business assistance 7345
organizations, and minority business supplier development councils 7346
for the purpose of loaning funds to minority business enterprises 7347
and for the purpose of procuring or improving real or personal 7348
property, or both, for the establishment, location, or expansion 7349
of industrial, distribution, commercial, or research facilities in 7350
the state, and to community development corporations that 7351
predominantly benefit minority business enterprises or are located 7352
in a census tract that has a population that is sixty per cent or 7353
more minority if the director determines, in the director's sole 7354
discretion, that all of the following apply:7355

       (1) The project is economically sound and will benefit the 7356
people of the state by increasing opportunities for employment, by 7357
strengthening the economy of the state, or expanding minority 7358
business enterprises.7359

       (2) The proposed minority business enterprise borrower is 7360
unable to finance the proposed project through ordinary financial 7361
channels at comparable terms.7362

       (3) The value of the project is or, upon completion, will be 7363
at least equal to the total amount of the money expended in the 7364
procurement or improvement of the project, and one or more 7365
financial institutions or other governmental entities have loaned 7366
not less than thirty per cent of that amount.7367

       (4) The amount to be loaned by the director will not exceed 7368
sixty per cent of the total amount expended in the procurement or 7369
improvement of the project.7370

       (5) The amount to be loaned by the director will be 7371
adequately secured by a first or second mortgage upon the project 7372
or by mortgages, leases, liens, assignments, or pledges on or of 7373
other property or contracts as the director requires, and such 7374
mortgage will not be subordinate to any other liens or mortgages 7375
except the liens securing loans or investments made by financial 7376
institutions referred to in division (A)(3) of this section, and 7377
the liens securing loans previously made by any financial 7378
institution in connection with the procurement or expansion of all 7379
or part of a project.7380

       (B) Any proposed minority business enterprise borrower 7381
submitting an application for assistance under this section shall 7382
not have defaulted on a previous loan from the director, and no 7383
full or limited partner, major shareholder, or holder of an equity 7384
interest of the proposed minority business enterprise borrower 7385
shall have defaulted on a loan from the director.7386

       (C) The proposed minority business enterprise borrower shall 7387
demonstrate to the satisfaction of the director that it is able to 7388
successfully compete in the private sector if it obtains the 7389
necessary financial, technical, or managerial support and that 7390
support is available through the director, the minority business 7391
development office of the department of development, or other 7392
identified and acceptable sources. In determining whether a 7393
minority business enterprise borrower will be able to successfully 7394
compete, the director may give consideration to such factors as 7395
the successful completion of or participation in courses of study, 7396
recognized by the board of regents as providing financial, 7397
technical, or managerial skills related to the operation of the 7398
business, by the economically disadvantaged individual, owner, or 7399
partner, and the prior success of the individual, owner, or 7400
partner in personal, career, or business activities, as well as to 7401
other factors identified by the director.7402

       (D) The director shall not lend funds for the purpose of 7403
procuring or improving motor vehicles or accounts receivable.7404

       Sec. 123.011.  (A) As used in this section:7405

       (1) "Construct" includes reconstruct, improve, renovate, 7406
enlarge, or otherwise alter.7407

        (2) "Energy consumption analysis" means the evaluation of all 7408
energy consuming systems, components, and equipment by demand and 7409
type of energy, including the internal energy load imposed on a 7410
facility by its occupants and the external energy load imposed by 7411
climatic conditions.7412

       (3) "Energy performance index" means a number describing the 7413
energy requirements of a facility per square foot of floor space 7414
or per cubic foot of occupied volume as appropriate under defined 7415
internal and external ambient conditions over an entire seasonal 7416
cycle.7417

       (4) "Facility" means a building or other structure, or part 7418
of a building or other structure, that includes provision for a 7419
heating, refrigeration, ventilation, cooling, lighting, hot water, 7420
or other major energy consuming system, component, or equipment.7421

       (5) "Life-cycle cost analysis" means a general approach to 7422
economic evaluation that takes into account all dollar costs 7423
related to owning, operating, maintaining, and ultimately 7424
disposing of a project over the appropriate study period.7425

       (6) "Political subdivision" means a county, township, 7426
municipal corporation, board of education of any school district, 7427
or any other body corporate and politic that is responsible for 7428
government activities in a geographic area smaller than that of 7429
the state.7430

       (7) "State funded" means funded in whole or in part through 7431
appropriation by the general assembly or through the use of any 7432
guarantee provided by this state.7433

       (6)(8) "State institution of higher education" has the same 7434
meaning as in section 3345.011 of the Revised Code.7435

        (B) There is hereby created within the department of 7436
administrative services the office of energy services. The office 7437
shall be under the supervision of a manager, who shall be 7438
appointed by the director of administrative services. The director 7439
shall assign to the office such number of employees and furnish 7440
such equipment and supplies as are necessary for the performance 7441
of the office's duties.7442

       The office shall develop energy efficiency and conservation 7443
programs in each of the following areas:7444

       (1) New construction design and review;7445

       (2) Existing building audit and retrofit;7446

       (3) Energy efficient procurement;7447

       (4) Alternative fuel vehicles.7448

       The office may accept and administer grants from public and 7449
private sources for carrying out any of its duties under this 7450
section.7451

       (C) No state agency, department, division, bureau, office, 7452
unit, board, commission, authority, quasi-governmental entity, or 7453
institution, including those agencies otherwise excluded from the 7454
jurisdiction of the department under division (A)(3) of section 7455
123.01 of the Revised Code, shall lease, construct, or cause to be 7456
leased or constructed, within the limits prescribed in this 7457
section, a state-funded facility, without having secured from the 7458
office a proper life-cycle cost analysis or, in the case of a 7459
lease, an energy consumption analysis, as computed or prepared by 7460
a qualified architect or engineer in accordance with the rules 7461
required by division (D) of this section.7462

       Construction shall proceed only upon the disclosure to the 7463
office, for the facility chosen, of the life-cycle costs as 7464
determined in this section and the capitalization of the initial 7465
construction costs of the building. The results of life-cycle cost 7466
analysis shall be a primary consideration in the selection of a 7467
building design. That analysis shall be required only for 7468
construction of buildings with an area of five thousand square 7469
feet or greater. An energy consumption analysis for the term of a 7470
proposed lease shall be required only for the leasing of an area 7471
of twenty thousand square feet or greater within a given building 7472
boundary. That analysis shall be a primary consideration in the 7473
selection of a facility to be leased.7474

       Nothing in this section shall deprive or limit any state 7475
agency that has review authority over design, construction, or 7476
leasing plans from requiring a life-cycle cost analysis or energy 7477
consumption analysis.7478

       Whenever any state agency, department, division, bureau, 7479
office, unit, board, commission, authority, quasi-governmental 7480
entity, or institution requests release of capital improvement 7481
funds for any state-funded facility, it shall submit copies of all 7482
pertinent life-cycle cost analyses prepared pursuant to this 7483
section and in accordance with rules adopted under Chapters 3781. 7484
and 4101. of the Revised Code.7485

       (D) For the purposes of assisting the department in its 7486
responsibility for state-funded facilities pursuant to section 7487
123.01 of the Revised Code and of cost-effectively reducing the 7488
energy consumption of those and any other state-funded facilities, 7489
thereby promoting fiscal, economic, and environmental benefits to 7490
this state, the office shall promulgate rules specifying 7491
cost-effective, energy efficiency and conservation standards that 7492
may govern the lease, design, construction, operation, and 7493
maintenance of all state-funded facilities, except facilities of 7494
state institutions of higher education or facilities operated by a 7495
political subdivision. The office of energy efficiency in the 7496
department of development shall cooperate in providing information 7497
and technical expertise to the office of energy services to ensure 7498
promulgation of rules of maximum effectiveness. The standards 7499
prescribed by rules promulgated under this division may draw from 7500
or incorporate, by reference or otherwise and in whole or in part, 7501
standards already developed or implemented by any competent, 7502
public or private standards organization or program. The rules 7503
also may include any of the following:7504

        (1) Specifications for a life-cycle cost analysis that shall 7505
determine, for the economic life of such state-funded facility, 7506
the reasonably expected costs of facility ownership, operation, 7507
and maintenance including labor and materials. Life-cycle cost may 7508
be expressed as an annual cost for each year of the facility's 7509
use. Further, the life-cycle cost analysis may demonstrate for 7510
each design how the design contributes to energy efficiency and 7511
conservation with respect to any of the following:7512

       (a) The coordination, orientation, and positioning of the 7513
facility on its physical site;7514

       (b) The amount and type of glass employed in the facility and 7515
the directions of exposure;7516

       (c) Thermal characteristics of materials incorporated into 7517
facility design, including insulation;7518

       (d) Architectural features that affect energy consumption, 7519
including the solar absorption and reflection properties of 7520
external surfaces;7521

       (e) The variable occupancy and operating conditions of the 7522
facility and portions of the facility, including illumination 7523
levels;7524

       (f) Any other pertinent, physical characteristics of the 7525
design.7526

        A life-cycle cost analysis additionally may include an energy 7527
consumption analysis that conforms to division (D)(2) of this 7528
section.7529

        (2) Specifications for an energy consumption analysis of the 7530
facility's heating, refrigeration, ventilation, cooling, lighting, 7531
hot water, and other major energy consuming systems, components, 7532
and equipment. This analysis shall include both of the following:7533

       (a) The comparison of two or more system alternatives, one of 7534
which may be a system using solar energy;7535

       (b) The projection of the annual energy consumption of those 7536
major energy consuming systems, components, and equipment, for a 7537
range of operation of the facility over the economic life of the 7538
facility and considering their operation at other than full or 7539
rated outputs.7540

        A life-cycle cost analysis and energy consumption analysis 7541
shall be based on the best currently available methods of 7542
analysis, such as those of the national bureauinstitute of 7543
standards and technology, the United States department of housing 7544
and urban developmentenergy or other federal agencies, 7545
professional societies, and directions developed by the 7546
department.7547

        (3) Specifications for energy performance indices, to be used 7548
to audit and evaluate competing design proposals submitted to the 7549
state.7550

        (4) A requirement that, not later than two years after the 7551
effective date of this amendmentApril 6, 2007, each state-funded 7552
facility, except a facility of a state institution of higher 7553
education or a facility operated by a political subdivision, is 7554
managed by at least one building operator certified under the 7555
building operator certification program or any equivalent program 7556
or standards as shall be prescribed in the rules and considered 7557
reasonably equivalent.7558

       (5) An application process by which a project manager, as to7559
of a specified state-funded facility, except a facility of a state 7560
institution of higher education or a facility operated by a 7561
political subdivision, may apply for a waiver of compliance with 7562
any provision of the rules required by divisions (D)(1) to (4) of 7563
this section.7564

       (E) The office of energy services shall promulgate rules to 7565
ensure that energy efficiency and conservation will be considered 7566
in the purchase of products and equipment, except motor vehicles, 7567
by any state agency, department, division, bureau, office, unit, 7568
board, commission, authority, quasi-governmental entity, or 7569
institution. Minimum energy efficiency standards for purchased 7570
products and equipment may be required, based on federal testing 7571
and labeling where available or on standards developed by the 7572
office. The rules shall apply to the competitive selection of 7573
energy consuming systems, components, and equipment under Chapter 7574
125. of the Revised Code where possible.7575

        The office also shall ensure energy efficient and energy 7576
conserving purchasing practices by doing all of the following:7577

       (1) Cooperatively with the office of energy efficiency, 7578
identifying available energy efficiency and conservation 7579
opportunities;7580

       (2) Providing for interchange of information among purchasing 7581
agencies;7582

       (3) Identifying laws, policies, rules, and procedures that 7583
need modification;7584

       (4) Monitoring experience with and the cost-effectiveness of 7585
this state's purchase and use of motor vehicles and of major 7586
energy-consuming systems, components, equipment, and products 7587
having a significant impact on energy consumption by government;7588

       (5) Cooperatively with the office of energy efficiency, 7589
providing technical assistance and training to state employees 7590
involved in the purchasing process.7591

       The department of development shall make recommendations to 7592
the office regarding planning and implementation of purchasing 7593
policies and procedures supportive of energy efficiency and 7594
conservation.7595

       (F)(1) The office of energy services shall require all state 7596
agencies, departments, divisions, bureaus, offices, units, 7597
commissions, boards, authorities, quasi-governmental entities, 7598
institutions, and state institutions of higher education to 7599
implement procedures ensuring that all their passenger automobiles 7600
acquired in each fiscal year, except for those passenger 7601
automobiles acquired for use in law enforcement or emergency 7602
rescue work, achieve a fleet average fuel economy of not less than 7603
the fleet average fuel economy for that fiscal year as shall be 7604
prescribed by the office by rule. The office shall promulgate the 7605
rule prior to the beginning of the fiscal year in accordance with 7606
the average fuel economy standards established pursuant to federal 7607
law for passenger automobiles manufactured during the model year 7608
that begins during the fiscal year.7609

       (2) Each state agency, department, division, bureau, office, 7610
unit, commission, board, authority, quasi-governmental entity, 7611
institution, and state institution of higher education shall 7612
determine its fleet average fuel economy by dividing:7613

       (a) The total number of passenger vehicles acquired during 7614
the fiscal year, except for those passenger vehicles acquired for 7615
use in law enforcement or emergency rescue work, by7616

       (b) A sum of terms, each of which is a fraction created by 7617
dividing:7618

       (i) The number of passenger vehicles of a given make, model, 7619
and year, except for passenger vehicles acquired for use in law 7620
enforcement or emergency rescue work, acquired during the fiscal 7621
year, by7622

       (ii) The fuel economy measured by the administrator of the 7623
United States environmental protection agency, for the given make, 7624
model, and year of vehicle, that constitutes an average fuel 7625
economy for combined city and highway driving.7626

        As used in division (F)(2) of this section, "acquired" means 7627
leased for a period of sixty continuous days or more, or 7628
purchased.7629

       (G) Each state agency, department, division, bureau, office, 7630
unit, board, commission, authority, quasi-governmental entity, 7631
institution, and state institution of higher education shall 7632
comply with any applicable provision of this section or of a rule 7633
promulgated pursuant to division (D) or (F) of this section.7634

       Sec. 124.09.  The director of administrative services shall 7635
do all of the following:7636

       (A) Prescribe, amend, and enforce administrative rules for 7637
the purpose of carrying out the functions, powers, and duties 7638
vested in and imposed upon the director by this chapter. Except in 7639
the case of rules adopted pursuant to section 124.14 of the 7640
Revised Code, the prescription, amendment, and enforcement of 7641
rules under this division are subject to approval, disapproval, or 7642
modification by the state personnel board of review.7643

       (B) Keep records of the director's proceedings and records of 7644
all applications for examinations and all examinations conducted 7645
by the director or the director's designee. All of those records, 7646
except examinations, proficiency assessments, and recommendations 7647
of former employers, shall be open to public inspection under 7648
reasonable regulations; provided the governor, or any person 7649
designated by the governor, may, for the purpose of investigation, 7650
have free access to all of those records, whenever the governor 7651
has reason to believe that this chapter, or the administrative 7652
rules of the director prescribed under this chapter, are being 7653
violated.7654

       (C) Prepare, continue, and keep in the office of the 7655
department of administrative services a complete roster of all 7656
persons in the classified civil service of the state who are paid 7657
directly by warrant of the director of budget and management. This 7658
roster shall be open to public inspection at all reasonable hours. 7659
It shall show in reference to each of those persons, the person's 7660
name, address, date of appointment to or employment in the 7661
classified civil service of the state, and salary or compensation, 7662
the title of the place or office that the person holds, the nature 7663
of the duties of that place or office, and, in case of the 7664
person's removal or resignation, the date of the termination of 7665
that service.7666

       (D) Approve the establishment of all new positions in the 7667
civil service of the state and the reestablishment of abolished 7668
positions;7669

       (E) Require the abolishment of any position in the civil 7670
service of the state that is not filled after a period of twelve 7671
months unless it is determined that the position is seasonal in 7672
nature or that the vacancy is otherwise justified;7673

       (F) Make investigations concerning all matters touching the 7674
enforcement and effect of this chapter and the administrative 7675
rules of the director of administrative services prescribed under 7676
this chapter. In the course of those investigations, the director 7677
or the director's deputy may administer oaths and affirmations and 7678
take testimony relative to any matter which the director has 7679
authority to investigate.7680

       (G) Have the power to subpoena and require the attendance and 7681
testimony of witnesses and the production of books, papers, public 7682
records, and other documentary evidence pertinent to the 7683
investigations, inquiries, or hearings on any matter which the 7684
director has authority to investigate, inquire into, or hear, and 7685
to examine them in relation to any matter which the director has 7686
authority to investigate, inquire into, or hear. Fees and mileage 7687
shall be allowed to witnesses and, on their certificate, duly 7688
audited, shall be paid by the treasurer of state or, in the case 7689
of municipal or civil service township civil service commissions, 7690
by the county treasurer, for attendance and traveling, as provided 7691
in section 119.094 of the Revised Code. All officers in the civil 7692
service of the state or any of the political subdivisions of the 7693
state and their deputies, clerks, and employees shall attend and 7694
testify when summoned to do so by the director or the state 7695
personnel board of review. Depositions of witnesses may be taken 7696
by the director or the board, or any member of the board, in the 7697
manner prescribed by law for like depositions in civil actions in 7698
the courts of common pleas. In case any person, in disobedience to 7699
any subpoena issued by the director or the board, or any member of 7700
the board, or the chief examiner, fails or refuses to attend and 7701
testify to any matter regarding which the person may be lawfully 7702
interrogated, or produce any documentary evidence pertinent to any 7703
investigation, inquiry, or hearing, the court of common pleas of 7704
any county, or any judge of the court of common pleas of any 7705
county, where the disobedience, failure, or refusal occurs, upon 7706
application of the director or the board, or any member of the 7707
board, or a municipal or civil service township civil service 7708
commission, or any commissioner of such a commission, or their 7709
chief examiner, shall compel obedience by attachment proceedings 7710
for contempt as in the case of disobedience of the requirements of 7711
a subpoena issued from the court or a refusal to testify in the 7712
court.7713

       (H) Make a report to the governor, on or before the first day 7714
of January of each year, showing the director's actions, the rules 7715
and all exceptions to the rules in force, and any recommendations 7716
for the more effectual accomplishment of the purposes of this 7717
chapter. The director shall also furnish any special reports to 7718
the governor whenever the governor requests them. The reports 7719
shall be printed for public distribution under the same 7720
regulations as are the reports of other state officers, boards, or 7721
commissions.7722

       Sec. 124.23.  (A) All applicants for positions and places in 7723
the classified service shall be subject to examination, except for 7724
applicants for positions as professional or certified service and 7725
paraprofessional employees of county boards of developmental 7726
disabilities, who shall be hired in the manner provided in section 7727
124.241 of the Revised Code.7728

       (B) Any examination administered under this section shall be 7729
public and be open to all citizens of the United States and those 7730
persons who have legally declared their intentions of becoming 7731
United States citizens. For examinations administered for 7732
positions in the service of the state, the director of 7733
administrative services or the director's designee may determine 7734
certain limitations as to citizenship, age, experience, education, 7735
health, habit, and moral character. 7736

       (C) Any person who has completed service in the uniformed 7737
services, who has been honorably discharged from the uniformed 7738
services or transferred to the reserve with evidence of 7739
satisfactory service, and who is a resident of this state and any 7740
member of the national guard or a reserve component of the armed 7741
forces of the United States who has completed more than one 7742
hundred eighty days of active duty service pursuant to an 7743
executive order of the president of the United States or an act of 7744
the congress of the United States may file with the director a 7745
certificate of service or honorable discharge, and, upon this 7746
filing, the person shall receive additional credit of twenty per 7747
cent, or an equivalent weight, of the person's total grade given 7748
in the regular examination in which the person receives a passing 7749
grade, and the person's ranking on an eligible list shall reflect 7750
the passing grade plus the additional credit.7751

       As used in this division, "service in the uniformed services" 7752
and "uniformed services" have the same meanings as in the 7753
"Uniformed Services Employment and Reemployment Rights Act of 7754
1994," 108 Stat. 3149, 38 U.S.C.A. 4303.7755

       (D) An examination may include an evaluation of such factors 7756
as education, training, capacity, knowledge, manual dexterity, and 7757
physical or psychological fitness. An examination shall consist of 7758
one or more tests in any combination. Tests may be written, oral, 7759
physical, demonstration of skill, or an evaluation of training and 7760
experiences and shall be designed to fairly test the relative 7761
capacity of the persons examined to discharge the particular 7762
duties of the position for which appointment is sought. Tests may 7763
include structured interviews, assessment centers, work 7764
simulations, examinations of knowledge, skills, and abilities, and 7765
any other acceptable testing methods. If minimum or maximum 7766
requirements are established for any examination, they shall be 7767
specified in the examination announcement.7768

       (E) Except as otherwise provided in sections 124.01 to 124.64 7769
of the Revised Code, when a position in the classified service of 7770
the state is to be filled, an examination shall be administered.7771
The director of administrative services shall have control of all 7772
examinations administered for positions in the service of the 7773
state and all other examinations the director administers as 7774
provided in section 124.07 of the Revised Code, except as 7775
otherwise provided in sections 124.01 to 124.64 of the Revised 7776
Code. The director shall, by rule adopted under Chapter 119. of 7777
the Revised Code, prescribe the notification method that is to be 7778
used by an appointing authority to notify the director that a 7779
position in the classified service of the state is to be filled. 7780
In addition to the positions described in section 124.30 of the 7781
Revised Code, the director may, with sufficient justification from 7782
the appointing authority, allow the appointing authority to fill 7783
the position by noncompetitive examination. The director shall 7784
establish, by rule adopted under Chapter 119. of the Revised Code, 7785
standards that the director shall use to determine what serves as 7786
sufficient justification from an appointing authority to fill a 7787
position by noncompetitive examination.7788

       (F) No questions in any examination shall relate to political 7789
or religious opinions or affiliations. No credit for seniority, 7790
efficiency, or any other reason shall be added to an applicant's 7791
examination grade unless the applicant achieves at least the 7792
minimum passing grade on the examination without counting that 7793
extra credit.7794

       (G) Except as otherwise provided in sections 124.01 to 124.64 7795
of the Revised Code, the director of administrative services or 7796
the director's designee shall give reasonable notice of the time, 7797
place, and general scope of every competitive examination for 7798
appointment that the director or the director's designee7799
administers for positions in the classified service of the state. 7800
The director or the director's designee shall send written, 7801
printed, or electronicpost notices via electronic media of every 7802
examination to be conducted for positions in the classified civil 7803
service of the state to each agency of the type the director of 7804
job and family services specifies and, in the case of a county in 7805
which no such agency is located, to the clerk of the court of 7806
common pleas of that county and to the clerk of each city located 7807
within that county. Those notices shall be posted in conspicuous 7808
public places in the designated agencies or the courthouse, and 7809
city hall of the cities, of the counties in which no designated 7810
agency is located for at least two weeks. The electronic notice 7811
shall be posted on the director's internet site on the world wide 7812
web for a minimum of one week preceding any examination involved, 7813
and in a conspicuous place in the office of the director of 7814
administrative services for at least two weeks preceding any 7815
examination involved. In case of examinations limited by the 7816
director to a district, county, city, or department, the director 7817
shall provide by rule for adequate publicity of an examination in 7818
the district, county, city, or department within which competition 7819
is permitted.7820

       Sec. 124.231.  (A) As used in this section, "legally blind 7821
person" means any person who qualifies as being blind under any 7822
Ohio or federal statute, or any rule adopted thereunder. As used 7823
in this section, "legally deaf person" means any person who 7824
qualifies as being deaf under any Ohio or federal statute, or any 7825
rule adopted thereunder.7826

       (B) TheWhen an examination is to be administered under 7827
sections 124.01 to 124.64 of the Revised Code, the director of 7828
administrative services or the director's designee shall whenever 7829
practicable arrange for special examinations to be administered to 7830
legally blind or legally deaf persons applying for original 7831
appointmentspositions in the classified service to ensure that 7832
the abilities of such applicants are properly assessed and that 7833
such applicants are not subject to discrimination because they are 7834
legally blind or legally deaf persons.7835

       (C) The director may administer equitable programs for the 7836
employment of legally blind persons and legally deaf persons in 7837
the classified service.7838

       Nothing in this section shall be construed to prohibit the 7839
appointment of a legally blind or legally deaf person to a 7840
position in the classified service under the procedures otherwise 7841
provided in this chapter.7842

       Sec. 124.24. (A) Notwithstanding sections 124.01 to 124.64 7843
and Chapter 145. of the Revised Code, the examinations of 7844
applicants for the positions of deputy mine inspector, 7845
superintendent of rescue stations, assistant superintendent of 7846
rescue stations, electrical inspectors, gas storage well 7847
inspector, and mine chemists in the division of mineral resources 7848
management, department of natural resources, as provided in 7849
Chapters 1561., 1563., 1565., and 1567. of the Revised Code shall 7850
be provided for, conducted, and administered by the chief of the 7851
division of mineral resources management.7852

       From the returns of the examinations the chief shall prepare 7853
eligible lists of the persons whose general average standing upon 7854
examinations for such grade or class is not less than the minimum 7855
fixed by rules adopted under section 1561.05 of the Revised Code 7856
and who are otherwise eligible. All appointments to a position 7857
shall be made from suchthat eligible list in the same manner as 7858
appointments are made from eligible lists prepared by the director 7859
of administrative services. Any person upon being appointed to 7860
fill one of the positions provided for in this sectiondivision, 7861
from any such eligible list, shall have the same standing, rights, 7862
privileges, and status as other state employees in the classified 7863
service.7864

       (B) Notwithstanding sections 124.01 to 124.64 and Chapter 7865
145. of the Revised Code, the examinations of applicants for the 7866
position of gas storage well inspector in the division of oil and 7867
gas resources management, department of natural resources, as 7868
provided in Chapter 1571. of the Revised Code shall be provided 7869
for, conducted, and administered by the chief of the division of 7870
oil and gas resources management.7871

       From the returns of the examinations, the chief shall prepare 7872
an eligible list of the persons whose general average standing 7873
upon examinations for that position is not less than the minimum 7874
fixed by rules adopted under section 1571.014 of the Revised Code 7875
and who are otherwise eligible. An appointment to the position 7876
shall be made from that eligible list in the same manner as 7877
appointments are made from eligible lists prepared by the director 7878
of administrative services. Any person, upon being appointed to 7879
fill the position provided for in this division from any such 7880
eligible list, shall have the same standing, rights, privileges, 7881
and status as other state employees in the classified service.7882

       Sec. 124.25.  The director of administrative services shall 7883
require persons applying for an examination for original 7884
appointment to file with the director or the director's designee, 7885
within reasonable time prior to the examination, a formal 7886
application, in which the applicant shall state the applicant's 7887
name, address, and such other information as may reasonably be 7888
required concerning the applicant's education and experience. No 7889
inquiry shall be made as to religious or political affiliations or 7890
as to racial or ethnic origin of the applicant, except as 7891
necessary to gather equal employment opportunity or other 7892
statistics that, when compiled, will not identify any specific 7893
individual.7894

       Blank forms for applications shall be furnished by the 7895
director or the director's designee without charge to any person 7896
requesting the same. The director or the director's designee may 7897
require in connection with such application such certificate of 7898
persons having knowledge of the applicant as the good of the 7899
service demands. The director or the director's designee may 7900
refuse to appoint or examine an applicant, or, after an 7901
examination, refuse to certify the applicant as eligible, who is 7902
found to lack any of the established preliminary requirements for 7903
the examination, who is addicted to the habitual use of 7904
intoxicating liquors or drugs to excess, who has a pattern of poor 7905
work habits and performance with previous employers, who has been 7906
convicted of a felony, who has been guilty of infamous or 7907
notoriously disgraceful conduct, who has been dismissed from 7908
either branch of the civil service for delinquency or misconduct, 7909
or who has made false statements of any material fact, or 7910
practiced, or attempted to practice, any deception or fraud in the 7911
application or examination, in establishing eligibility, or 7912
securing an appointment.7913

       Sec. 124.26.  From the returns of the examinations, the 7914
director of administrative services or the director's designee7915
shall prepare an eligible list of the persons whose general 7916
average standing upon examinations for the grade or class or 7917
position is not less than the minimum fixed by the rules of the 7918
director, and who are otherwise eligible. Those persons shall take 7919
rank upon the eligible list as candidates in the order of their 7920
relative excellence as determined by the examination without 7921
reference to priority of the time of examination. If two or more 7922
applicants receive the same mark in an open competitive 7923
examination, priority in the time of filing the application with 7924
the director or the director's designee shall determine the order 7925
in which their names shall be placed on the eligible list, except 7926
that applicants eligible for veteran's preference under section 7927
124.23 of the Revised Code shall receive priority in rank on the 7928
eligible list over nonveterans on the list with a rating equal to 7929
that of the veteran. Ties among veterans shall be decided by 7930
priority of filing the application. If two or more applicants 7931
receive the same mark on a promotional examination, seniority 7932
shall determine the order in which their names shall be placed on 7933
the eligible list. The term of eligibility of each list shall be 7934
fixed by the director at not less than one or more than two years.7935

       When an eligible list is reduced to ten names or less, a new 7936
list may be prepared. The director may consolidate two or more 7937
eligible lists of the same kind by the rearranging of eligibles 7938
named in the lists, according to their grades. An eligible list 7939
expires upon the filling or closing of the position. An expired 7940
eligible list may be used to fill a position of the same 7941
classification within the same appointing authority for which the 7942
list was created. But, in no event shall an expired list be used 7943
more than one year past its expiration date.7944

       Sec. 124.27.  (A) The head of a department, office, or 7945
institution, in which a position in the classified service is to 7946
be filled, shall notify the director of administrative services of 7947
the fact, and the director shall, except as otherwise provided in 7948
this section and sections 124.30 and 124.31 of the Revised Code, 7949
certify to the appointing authority the names and addresses of the 7950
ten candidates standing highest on the eligible list for the class 7951
or grade to which the position belongs, except that the director 7952
may certify less than ten names if ten names are not available. 7953
When less than ten names are certified to an appointing authority, 7954
appointment from that list shall not be mandatory. When a position 7955
in the classified service in the department of mental health or 7956
the department of developmental disabilities is to be filled, the 7957
director of administrative services shall make such certification 7958
to the appointing authority within seven working days of the date 7959
the eligible list is requested.7960

       (B) The appointing authority shall notify the director of a 7961
position in the classified service to be filled, and the 7962
appointing authority shall fill the vacant position by appointment 7963
of one of the ten persons certified by the director. If more than 7964
one position is to be filled, the director may certify a group of 7965
names from the eligible list, and the appointing authority shall 7966
appoint in the following manner: beginning at the top of the list, 7967
each time a selection is made, it must be from one of the first 7968
ten candidates remaining on the list who is willing to accept 7969
consideration for the position. If an eligible list becomes 7970
exhausted, and until a new list can be created, or when no 7971
eligible list for a position exists, names may be certified from 7972
eligible lists most appropriate for the group or class in which 7973
the position to be filled is classified. A person who is certified 7974
from an eligible list more than three times to the same appointing 7975
authority for the same or similar positions may be omitted from 7976
future certification to that appointing authority, provided that 7977
certification for a temporary appointment shall not be counted as 7978
one of those certifications. Every person who qualifies for 7979
veteran's preference under section 124.23 of the Revised Code, who 7980
is a resident of this state, and whose name is on the eligible 7981
list for a position shall be entitled to preference in original 7982
appointments to any such competitive position in the civil service 7983
of the state and its civil divisions over all other persons 7984
eligible for those appointments and standing on the relevant 7985
eligible list with a rating equal to that of the person qualifying 7986
for veteran's preference. Appointments to all positions in the 7987
classified service, that are not filled by promotion, transfer, or 7988
reduction, as provided in sections 124.01 to 124.64 of the Revised 7989
Code and the rules of the director prescribed under those 7990
sections, shall be made only from those persons whose names are 7991
certified to the appointing authoritytake rank order on an 7992
eligible list, and no employment, except as provided in those 7993
sections, shall be otherwise given in the classified service of 7994
this state or any political subdivision of the state. The 7995
appointing authority shall appoint in the following manner: each 7996
time a selection is made, it shall be from one of the names that 7997
ranks in the top twenty-five per cent of the eligible list. But, 7998
in the event that ten or fewer names are on the eligible list, the 7999
appointing authority may select any of the listed candidates.8000

       (C)(B) All original and promotional appointments, including 8001
appointments made pursuant to section 124.30 of the Revised Code, 8002
but not intermittent appointments, shall be for a probationary 8003
period, not less than sixty days nor more than one year, to be 8004
fixed by the rules of the director, except as provided in section 8005
124.231 of the Revised Code, and except for original appointments 8006
to a police department as a police officer or to a fire department 8007
as a firefighter which shall be for a probationary period of one 8008
year. No appointment or promotion is final until the appointee has 8009
satisfactorily served the probationary period. If the service of 8010
the probationary employee is unsatisfactory, the employee may be 8011
removed or reduced at any time during the probationary period. If 8012
the appointing authority decides to remove a probationary employee 8013
in the service of the state, the appointing authority shall 8014
communicate the removal to the director the reason for that 8015
decision. A probationary employee duly removed or reduced in 8016
position for unsatisfactory service does not have the right to 8017
appeal the removal or reduction under section 124.34 of the 8018
Revised Code.8019

       Sec. 124.31. (A) Vacancies in positions in the classified 8020
service of the state shall be filled insofar as practicable by 8021
promotions. The director of administrative services shall provide 8022
in the director's rules for keeping a record of efficiency for 8023
each employee in the classified civil service of the state, and 8024
for making promotions in the classified civil service of the state 8025
on the basis of merit, to be ascertained insofar as practicable by 8026
promotional examinations,and by conduct and capacity in office, 8027
and by seniority in service. The director shall provide that 8028
vacancies in positions in the classified civil service of the 8029
state shall be filled by promotion in all cases where, in the 8030
judgment of the director, it is for the best interest of the 8031
service. The director's rules shall authorize each appointing 8032
authority of a county to develop and administer in a manner it 8033
devises, an evaluation system for the employees it appoints.8034

       (B) All examinations for promotions shall be competitive and 8035
may be conducted in the same manner as examinations described in 8036
section 124.23 of the Revised Code. In promotional examinations, 8037
seniority in service shall be added to the examination grade, but 8038
no credit for seniority or any other reason shall be added to an 8039
examination grade unless the applicant achieves at least the 8040
minimum passing score on the examination without counting that 8041
extra credit. Credit for seniority shall equal, for the first four 8042
years of service, one per cent of the total grade attainable in 8043
the promotion examination, and, for each of the fifth through 8044
fourteenth years of service, six-tenths per cent of the total 8045
grade attainable.8046

       In all cases where vacancies are to be filled by promotion, 8047
the director shall certify to the appointing authority the names 8048
of the three persons having the highest rating on the eligible 8049
list. The method of examination for promotions, the manner of 8050
giving notice of the examination, and the rules governing it shall 8051
be in general the same as those provided for original 8052
examinations, except as otherwise provided in sections 124.01 to 8053
124.64 of the Revised Code.8054

       Sec. 124.34.  (A) The tenure of every officer or employee in 8055
the classified service of the state and the counties, civil 8056
service townships, cities, city health districts, general health 8057
districts, and city school districts of the state, holding a 8058
position under this chapter, shall be during good behavior and 8059
efficient service. No officer or employee shall be reduced in pay 8060
or position, fined, suspended, or removed, or have the officer's 8061
or employee's longevity reduced or eliminated, except as provided 8062
in section 124.32 of the Revised Code, and for incompetency, 8063
inefficiency, dishonesty, drunkenness, immoral conduct, 8064
insubordination, discourteous treatment of the public, neglect of 8065
duty, violation of any policy or work rule of the officer's or 8066
employee's appointing authority, violation of this chapter or the 8067
rules of the director of administrative services or the 8068
commission, any other failure of good behavior, any other acts of 8069
misfeasance, malfeasance, or nonfeasance in office, or conviction 8070
of a felony. The denial of a one-time pay supplement or a bonus to 8071
an officer or employee is not a reduction in pay for purposes of 8072
this section.8073

       This section does not apply to any modifications or 8074
reductions in pay or work week authorized by division (Q) of 8075
section 124.181 or section 124.392 or, 124.393, or 124.394 of the 8076
Revised Code.8077

       An appointing authority may require an employee who is 8078
suspended to report to work to serve the suspension. An employee 8079
serving a suspension in this manner shall continue to be 8080
compensated at the employee's regular rate of pay for hours 8081
worked. The disciplinary action shall be recorded in the 8082
employee's personnel file in the same manner as other disciplinary 8083
actions and has the same effect as a suspension without pay for 8084
the purpose of recording disciplinary actions.8085

       A finding by the appropriate ethics commission, based upon a 8086
preponderance of the evidence, that the facts alleged in a 8087
complaint under section 102.06 of the Revised Code constitute a 8088
violation of Chapter 102., section 2921.42, or section 2921.43 of 8089
the Revised Code may constitute grounds for dismissal. Failure to 8090
file a statement or falsely filing a statement required by section 8091
102.02 of the Revised Code may also constitute grounds for 8092
dismissal. The tenure of an employee in the career professional 8093
service of the department of transportation is subject to section 8094
5501.20 of the Revised Code.8095

       Conviction of a felony is a separate basis for reducing in 8096
pay or position, suspending, or removing an officer or employee, 8097
even if the officer or employee has already been reduced in pay or 8098
position, suspended, or removed for the same conduct that is the 8099
basis of the felony. An officer or employee may not appeal to the 8100
state personnel board of review or the commission any disciplinary 8101
action taken by an appointing authority as a result of the 8102
officer's or employee's conviction of a felony. If an officer or 8103
employee removed under this section is reinstated as a result of 8104
an appeal of the removal, any conviction of a felony that occurs 8105
during the pendency of the appeal is a basis for further 8106
disciplinary action under this section upon the officer's or 8107
employee's reinstatement.8108

       A person convicted of a felony immediately forfeits the 8109
person's status as a classified employee in any public employment 8110
on and after the date of the conviction for the felony. If an 8111
officer or employee is removed under this section as a result of 8112
being convicted of a felony or is subsequently convicted of a 8113
felony that involves the same conduct that was the basis for the 8114
removal, the officer or employee is barred from receiving any 8115
compensation after the removal notwithstanding any modification or 8116
disaffirmance of the removal, unless the conviction for the felony 8117
is subsequently reversed or annulled.8118

       Any person removed for conviction of a felony is entitled to 8119
a cash payment for any accrued but unused sick, personal, and 8120
vacation leave as authorized by law. If subsequently reemployed in 8121
the public sector, the person shall qualify for and accrue these 8122
forms of leave in the manner specified by law for a newly 8123
appointed employee and shall not be credited with prior public 8124
service for the purpose of receiving these forms of leave.8125

       As used in this division, "felony" means any of the 8126
following:8127

       (1) A felony that is an offense of violence as defined in 8128
section 2901.01 of the Revised Code;8129

       (2) A felony that is a felony drug abuse offense as defined 8130
in section 2925.01 of the Revised Code;8131

       (3) A felony under the laws of this or any other state or the 8132
United States that is a crime of moral turpitude;8133

       (4) A felony involving dishonesty, fraud, or theft;8134

       (5) A felony that is a violation of section 2921.05, 2921.32, 8135
or 2921.42 of the Revised Code.8136

       (B) In case of a reduction, a suspension of more than forty 8137
work hours in the case of an employee exempt from the payment of 8138
overtime compensation, a suspension of more than twenty-four work 8139
hours in the case of an employee required to be paid overtime 8140
compensation, a fine of more than forty hours' pay in the case of 8141
an employee exempt from the payment of overtime compensation, a 8142
fine of more than twenty-four hours' pay in the case of an 8143
employee required to be paid overtime compensation, or removal, 8144
except for the reduction or removal of a probationary employee, 8145
the appointing authority shall serve the employee with a copy of 8146
the order of reduction, fine, suspension, or removal, which order 8147
shall state the reasons for the action.8148

       Within ten days following the date on which the order is 8149
served or, in the case of an employee in the career professional 8150
service of the department of transportation, within ten days 8151
following the filing of a removal order, the employee, except as 8152
otherwise provided in this section, may file an appeal of the 8153
order in writing with the state personnel board of review or the 8154
commission. For purposes of this section, the date on which an 8155
order is served is the date of hand delivery of the order or the 8156
date of delivery of the order by certified United States mail, 8157
whichever occurs first. If an appeal is filed, the board or 8158
commission shall forthwith notify the appointing authority and 8159
shall hear, or appoint a trial board to hear, the appeal within 8160
thirty days from and after its filing with the board or 8161
commission. The board, commission, or trial board may affirm, 8162
disaffirm, or modify the judgment of the appointing authority. 8163
However, in an appeal of a removal order based upon a violation of 8164
a last chance agreement, the board, commission, or trial board may 8165
only determine if the employee violated the agreement and thus 8166
affirm or disaffirm the judgment of the appointing authority.8167

       In cases of removal or reduction in pay for disciplinary 8168
reasons, either the appointing authority or the officer or 8169
employee may appeal from the decision of the state personnel board 8170
of review or the commission, and any such appeal shall be to the 8171
court of common pleas of the county in which the appointing 8172
authority is located, or to the court of common pleas of Franklin 8173
county, as provided by section 119.12 of the Revised Code.8174

       (C) In the case of the suspension for any period of time, or 8175
a fine, demotion, or removal, of a chief of police, a chief of a 8176
fire department, or any member of the police or fire department of 8177
a city or civil service township, who is in the classified civil 8178
service, the appointing authority shall furnish the chief or 8179
member with a copy of the order of suspension, fine, demotion, or 8180
removal, which order shall state the reasons for the action. The 8181
order shall be filed with the municipal or civil service township 8182
civil service commission. Within ten days following the filing of 8183
the order, the chief or member may file an appeal, in writing, 8184
with the commission. If an appeal is filed, the commission shall 8185
forthwith notify the appointing authority and shall hear, or 8186
appoint a trial board to hear, the appeal within thirty days from 8187
and after its filing with the commission, and it may affirm, 8188
disaffirm, or modify the judgment of the appointing authority. An 8189
appeal on questions of law and fact may be had from the decision 8190
of the commission to the court of common pleas in the county in 8191
which the city or civil service township is situated. The appeal 8192
shall be taken within thirty days from the finding of the 8193
commission.8194

       (D) A violation of division (A)(7) of section 2907.03 of the 8195
Revised Code is grounds for termination of employment of a 8196
nonteaching employee under this section.8197

       (E) As used in this section, "last chance agreement" means an 8198
agreement signed by both an appointing authority and an officer or 8199
employee of the appointing authority that describes the type of 8200
behavior or circumstances that, if it occurs, will automatically 8201
lead to removal of the officer or employee without the right of 8202
appeal to the state personnel board of review or the appropriate 8203
commission.8204

       Sec. 124.393. (A) As used in this section:8205

       (1) "County exemptExempt employee" means a permanent 8206
full-time or permanent part-time county, township, or municipal 8207
corporation employee who is not subject to a collective bargaining 8208
agreement between a public employer and an exclusive 8209
representative.8210

       (2) "Fiscal emergency" means any of the following:8211

       (a) A fiscal emergency declared by the governor under section 8212
126.05 of the Revised Code.8213

       (b) A fiscal watch or fiscal emergency has been declared or 8214
determined under section 118.023 or 118.04 of the Revised Code.8215

       (c) Lack of funds as defined in section 124.321 of the 8216
Revised Code.8217

       (c)(d) Reasons of economy as described in section 124.321 of 8218
the Revised Code.8219

       (B)(1) A county, township, or municipal corporation8220
appointing authority may establish a mandatory cost savings 8221
program applicable to its county exempt employees. Each county8222
exempt employee shall participate in the program of mandatory cost 8223
savings for not more than eighty hours, as determined by the 8224
appointing authority, in each of state fiscal years 2010 and 20118225
to 2013. The program may include, but is not limited to, a loss of 8226
pay or loss of holiday pay. The program may be administered 8227
differently among employees based on their classifications, 8228
appointment categories, or other relevant distinctions.8229

       (2) After June 30, 20112013, a county, township, or 8230
municipal corporation appointing authority may implement mandatory 8231
cost savings days as described in division (B)(1) of this section 8232
that apply to its county exempt employees in the event of a fiscal 8233
emergency.8234

       (C) A county, township, or municipal corporation appointing 8235
authority shall issue guidelines concerning how the appointing 8236
authority will implement the cost savings program.8237

       Sec. 124.394. (A) As used in this section:8238

       (1) "Exempt employee" means a permanent full-time or 8239
permanent part-time county employee , township, or municipal 8240
corporation who is not subject to a collective bargaining 8241
agreement between a public employer and an exclusive 8242
representative.8243

       (2) "Fiscal emergency" means any of the following:8244

       (a) A fiscal emergency declared by the governor under section 8245
126.05 of the Revised Code.8246

       (b) A fiscal watch or a fiscal emergency declared or 8247
determined by the auditor of state under section 118.023 or 118.04 8248
of the Revised Code.8249

       (c) Lack of funds as defined in section 124.321 of the 8250
Revised Code.8251

       (d) Reasons of economy as described in section 124.321 of the 8252
Revised Code.8253

       (B) A county, township, or municipal corporation appointing 8254
authority may establish a modified work week schedule program 8255
applicable to its exempt employees. Each exempt employee shall 8256
participate in any established modified work week schedule program 8257
in each of state fiscal years 2012 and 2013. The program may 8258
provide for a reduction from the usual number of hours worked 8259
during a week by exempt employees immediately before the 8260
establishment of the program by the appointing authority. The 8261
reduction in hours may include any number of hours so long as the 8262
reduction is not more than fifty per cent of the usual hours 8263
worked by exempt employees immediately before the establishment of 8264
the program. The program may be administered differently among 8265
employees based on classifications, appointment categories, or 8266
other relevant distinctions.8267

       (C) After June 30, 2013, a county, township, or municipal 8268
corporation appointing authority may implement a modified work 8269
week schedule program as described in division (B) of this section 8270
that applies to its exempt employees in the event of a fiscal 8271
emergency.8272

       Sec. 125.021. (A) Except as to the military department, the 8273
general assembly, the capitol square review advisory board the 8274
bureau of workers' compensation, the industrial commission, and 8275
institutions administered by boards of trustees, the department of 8276
administrative services may contract for telephone, other 8277
telecommunication, and computer services for state agencies. 8278
Nothing in this division precludes the bureau or the commission 8279
from contracting with the department to authorize the department 8280
to contract for those services for the bureau or the commission.8281

       (B)(1) As used in this division:8282

        (a) "Active duty" means active duty pursuant to an executive 8283
order of the president of the United States, an act of the 8284
congress of the United States, or section 5919.29 or 5923.21 of 8285
the Revised Code.8286

        (b) "Immediate family" means a person's spouse residing in 8287
the person's household, brothers and sisters of the whole or of 8288
the half blood, children, including adopted children and 8289
stepchildren, parents, and grandparents.8290

        (2) The department of administrative services may enter into 8291
a contract to purchase bulk long distance telephone services and 8292
make them available at cost, or may make bulk long distance 8293
telephone services available at cost under any existing contract 8294
the department has entered into, to members of the immediate 8295
family of persons deployed on active duty so that those family 8296
members can communicate with the persons so deployed. If the 8297
department enters into contracts under division (B)(2) of this 8298
section, it shall do so in accordance with sections 125.01 to 8299
125.11 of the Revised Code and in a nondiscriminatory manner that 8300
does not place any potential vendor at a competitive disadvantage.8301

       (3) If the department decides to exercise either option under 8302
division (B)(2) of this section, it shall adopt, and may amend, 8303
rules under Chapter 119. of the Revised Code to implement that 8304
division.8305

       Sec. 125.024.  (A) Except as provided in division (C) of this 8306
section, the department of administrative services shall select a 8307
single person from which to procure all drugs to be provided by 8308
the department of mental health, under section 5119.16 of the 8309
Revised Code, to the persons and government entities described in 8310
that section. 8311

       (B) Before making a selection for purposes of division (A) of 8312
this section, the department of administrative services shall 8313
develop a process to be used in issuing a request for proposals, 8314
receiving responses to the request, and evaluating the responses 8315
on a competitive basis. Not later than sixty days after the 8316
effective date of this section, the department of administrative 8317
services shall issue the first request for proposals. Each 8318
subsequent request for proposals shall be issued at least ninety 8319
days but not more than one hundred twenty days before a contract 8320
for drug procurement services terminates.8321

       (C) Division (A) of this section does not apply if the 8322
department of administrative services determines, from a review of 8323
the proposals submitted through the process described in division 8324
(B) of this section, that the cost of procuring all drugs from a 8325
single person does not result in a net savings to the state when 8326
compared to the cost of procuring drugs from multiple persons.8327

       Sec. 125.15.  All state agencies required to secure any 8328
equipment, materials, supplies, or services from the department of 8329
administrative services shall make acquisition in the manner and 8330
upon forms prescribed by the director of administrative services 8331
and shall reimburse the department for the equipment, materials, 8332
supplies, or services, including a reasonable sum to cover the 8333
department's administrative costs and costs relating to energy 8334
efficiency and conservation programs, whenever reimbursement is 8335
required by the department. The money so paid shall be deposited 8336
in the state treasury to the credit of the general services fund 8337
or, the information technology fund, or the information technology 8338
governance fund, as appropriate. Those funds are hereby created.8339

       Sec. 125.18. (A) There is hereby established the office of 8340
information technology within the department of administrative 8341
services. The office shall be under the supervision of a state 8342
chief information officer to be appointed by the director of 8343
administrative services and subject to removal at the pleasure of 8344
the director. The chief information officer is an assistant 8345
director of administrative services.8346

       (B) Under the direction of the director of administrative 8347
services, the state chief information officer shall lead, oversee, 8348
and direct state agency activities related to information 8349
technology development and use. In that regard, the state chief 8350
information officer shall do all of the following:8351

        (1) Coordinate and superintend statewide efforts to promote 8352
common use and development of technology by state agencies. The 8353
office of information technology shall establish policies and 8354
standards that govern and direct state agency participation in 8355
statewide programs and initiatives.8356

       (2) Establish policies and standards for the acquisition and 8357
use of common information technology by state agencies, including, 8358
but not limited to, hardware, software, technology services, and 8359
security, and the extension of the service life of information 8360
technology systems, with which state agencies shall comply;8361

        (3) Establish criteria and review processes to identify state 8362
agency information technology projects or purchases that require 8363
alignment or oversight. As appropriate, the department of 8364
administrative services shall provide the governor and the 8365
director of budget and management with notice and advice regarding 8366
the appropriate allocation of resources for those projects. The 8367
state chief information officer may require state agencies to 8368
provide, and may prescribe the form and manner by which they must 8369
provide, information to fulfill the state chief information 8370
officer's alignment and oversight role;8371

       (4) Establish policies and procedures for the security of 8372
personal information that is maintained and destroyed by state 8373
agencies;8374

       (5) Employ a chief information security officer who is 8375
responsible for the implementation of the policies and procedures 8376
described in division (B)(4) of this section and for coordinating 8377
the implementation of those policies and procedures in all of the 8378
state agencies;8379

       (6) Employ a chief privacy officer who is responsible for 8380
advising state agencies when establishing policies and procedures 8381
for the security of personal information and developing education 8382
and training programs regarding the state's security procedures;8383

       (7) Establish policies on the purchasing, use, and 8384
reimbursement for use of handheld computing and telecommunications 8385
devices by state agency employees;8386

       (8) Establish policies for the reduction of printing and the 8387
use of electronic records by state agencies;8388

       (9) Establish policies for the reduction of energy 8389
consumption by state agencies;8390

       (10) Compute the amount of revenue attributable to the 8391
amortization of all equipment purchases and capitalized systems 8392
from information technology service delivery and major information 8393
technology purchases operating appropriation items and major 8394
computer purchases capital appropriation items that is recovered 8395
as part of the information technology services rates the 8396
department of administrative services charges and deposits into 8397
the information technology fund created in section 125.15 of the 8398
Revised Code.8399

       (C)(1) The chief information security officer shall assist 8400
each state agency with the development of an information 8401
technology security strategic plan and review that plan, and each 8402
state agency shall submit that plan to the state chief information 8403
officer. The chief information security officer may require that 8404
each state agency update its information technology security 8405
strategic plan annually as determined by the state chief 8406
information officer.8407

       (2) Prior to the implementation of any information technology 8408
data system, a state agency shall prepare or have prepared a 8409
privacy impact statement for that system.8410

       (D) When a state agency requests a purchase of information 8411
technology supplies or services under Chapter 125. of the Revised 8412
Code, the state chief information officer may review and reject 8413
the requested purchase for noncompliance with information 8414
technology direction, plans, policies, standards, or 8415
project-alignment criteria.8416

       (E) The office of information technology may operate 8417
technology services for state agencies in accordance with this 8418
chapter.8419

        (F) With the approval of the director of administrative 8420
services, the office of information technology may establish 8421
cooperative agreements with federal and local government agencies 8422
and state agencies that are not under the authority of the 8423
governor for the provision of technology services and the 8424
development of technology projects.8425

       (G) The office of information technology may operate a 8426
program to make information technology purchases. The director of 8427
administrative services may recover the cost of operating the 8428
program from all participating government entities by issuing 8429
intrastate transfer voucher billings for the procured technology 8430
or through any pass-through billing method agreed to by the 8431
director of administrative services, the director of budget and 8432
management, and the participating government entities that will 8433
receive the procured technology.8434

       If the director of administrative services chooses to recover 8435
the program costs through intrastate transfer voucher billings, 8436
the participating government entities shall process the intrastate 8437
transfer vouchers to pay for the cost. Amounts received under this 8438
section for the information technology purchase program shall be 8439
deposited to the credit of the information technology governance 8440
fund created in section 125.15 of the Revised Code.8441

       (H) Upon request from the director of administrative 8442
services, the director of budget and management may transfer cash 8443
from the information technology fund created in section 125.15 of 8444
the Revised Code to the major information technology purchases 8445
fund in an amount not to exceed the amount computed under division 8446
(B)(10) of this section. The major information technology 8447
purchases fund is hereby created in the state treasury.8448

       (I) As used in this section:8449

       (1) "Personal information" has the same meaning as in section 8450
149.45 of the Revised Code.8451

       (2) "State agency" means every organized body, office, or 8452
agency established by the laws of the state for the exercise of 8453
any function of state government, other than any state-supported 8454
institution of higher education, the office of the auditor of 8455
state, treasurer of state, secretary of state, or attorney 8456
general, the adjutant general's department, the bureau of workers' 8457
compensation, the industrial commission, the public employees 8458
retirement system, the Ohio police and fire pension fund, the 8459
state teachers retirement system, the school employees retirement 8460
system, the state highway patrol retirement system, the general 8461
assembly or any legislative agency, the capitol square review 8462
advisory board, or the courts or any judicial agency.8463

       Sec. 125.182. The office of information technology, by itself 8464
or by contract with another entity, shall establish, operate, and 8465
maintain a state public notice web site. In establishing, 8466
maintaining, and operating the state public notice web site, the 8467
office of information technology shall:8468

       (A) Use a domain name for the web site that will be easily 8469
recognizable and remembered by and understandable to users of the 8470
web site;8471

       (B) Maintain the web site so that it is fully accessible to 8472
and searchable by members of the public at all times;8473

       (C) Not charge a fee to a person who accesses, searches, or 8474
otherwise uses the web site;8475

       (D) Not charge a fee to a state agency or political 8476
subdivision for publishing a notice on the web site;8477

       (E) Ensure that notices displayed on the web site conform to 8478
the requirements that would apply to the notices if they were 8479
being published in a newspaper, as directed in section 7.16 of the 8480
Revised Code or in the relevant provision of the statute or rule 8481
that requires the notice;8482

       (F) Ensure that notices continue to be displayed on the web 8483
site for not less than the length of time required by the relevant 8484
provision of the statute or rule that requires the notice;8485

       (G) Devise and display on the web site a form that may be 8486
downloaded and used to request publication of a notice on the web 8487
site;8488

       (H) Enable responsible parties to submit notices and requests 8489
for their publication;8490

       (I) Maintain an archive of notices that no longer are 8491
displayed on the web site;8492

       (J) Enable notices, both those currently displayed and those 8493
archived, to be accessed by key word, by party name, by case 8494
number, by county, and by other useful identifiers;8495

       (K) Maintain adequate systemic security and backup features, 8496
and develop and maintain a contingency plan for coping with and 8497
recovering from power outages, systemic failures, and other 8498
unforeseeable difficulties;8499

       (L) Maintain the web site in such a manner that it will not 8500
infringe legally protected interests, so that vulnerability of the 8501
web site to interruption because of litigation or the threat of 8502
litigation is reduced; and8503

       (M) Submit a status report to the secretary of state twice 8504
annually that demonstrates compliance with statutory requirements 8505
governing publication of notices.8506

       The office of information technology shall bear the expense 8507
of maintaining the state public notice web site domain name.8508

       Sec. 125.213. There is hereby created the state employee 8509
child support fund. The fund shall be in the custody of the 8510
treasurer of state, but shall not be part of the state treasury. 8511
The fund shall consist of all money withheld or deducted from 8512
salaries and wages of state officials and employees pursuant to a 8513
withholding or deduction notice described in section 3121.03 of 8514
the Revised Code for forwarding to the office of child support in 8515
the department of job and family services pursuant to section 8516
3121.19 of the Revised Code. All money in the fund, including 8517
investment earnings thereon, shall be used only for the following 8518
purposes:8519

       (A) Forwarding to the office of child support money withheld 8520
or deducted from salaries and wages of state officials and 8521
employees pursuant to a withholding or deduction notice described 8522
in section 3121.03 of the Revised Code;8523

       (B) Paying any direct or indirect costs associated with 8524
maintaining the fund.8525

       Sec. 125.28. (A)(1) Each state agency that is supported in 8526
whole or in part by nongeneral revenue fund money and that 8527
occupies space in the James A. Rhodes or Frank J. Lausche state 8528
office tower, Toledo government center, Senator Oliver R. Ocasek 8529
government office building, Vern Riffe center for government and 8530
the arts, state of Ohio computer center, capitol square, or 8531
governor's mansion shall reimburse the general revenue fund for 8532
the cost of occupying the space in the ratio that the occupied 8533
space in each facility attributable to the nongeneral revenue fund 8534
money bears to the total space occupied by the state agency in the 8535
facility.8536

       (2) All agencies that occupy space in the old blind school or 8537
that occupy warehouse space in the general services facility shall 8538
reimburse the department of administrative services for the cost 8539
of occupying the space. The director of administrative services 8540
shall determine the amount of debt service, if any, to be charged 8541
to building tenants and shall collect reimbursements for it.8542

       (3) Each agency that is supported in whole or in part by 8543
nongeneral revenue fund money and that occupies space in any other 8544
facility or facilities owned and maintained by the department of 8545
administrative services or space in the general services facility 8546
other than warehouse space shall reimburse the department for the 8547
cost of occupying the space, including debt service, if any, in 8548
the ratio that the occupied space in each facility attributable to 8549
the nongeneral revenue fund money bears to the total space 8550
occupied by the state agency in the facility.8551

       (B) The director of administrative services may provide 8552
building maintenance services and skilled trades services to any 8553
state agency occupying space in a facility that is not owned by 8554
the department of administrative services and may collect 8555
reimbursements for the cost of providing those services.8556

       (C) All money collected by the department of administrative 8557
services for operating expenses of facilities owned or maintained 8558
by the department shall be deposited into the state treasury to 8559
the credit of the building management fund, which is hereby 8560
created. All money collected by the department for skilled trades 8561
services shall be deposited into the state treasury to the credit 8562
of the skilled trades fund, which is hereby created. All money 8563
collected for debt service shall be deposited into the general 8564
revenue fund.8565

       (D) The director of administrative services shall determine 8566
the reimbursable cost of space in state-owned or state-leased 8567
facilities and shall collect reimbursements for that cost.8568

       Sec. 125.89.  Subject to the approval of the governor, the 8569
department of administrative services may enter into contracts, 8570
compacts, and cooperative agreements for and on behalf of the 8571
state of Ohio with the several states or the federal government, 8572
singularly or severally, in order to provide, with or without 8573
reimbursement, for the utilization by and exchange between them, 8574
singularly or severally, of property, facilities, personnel, and 8575
services of each by the other, and, for the same purpose, to enter 8576
into contracts and cooperative agreements with eligible public or 8577
private state or local authorities, institutions, organizations, 8578
or activities. The department shall make, annually, a report of 8579
its actions under sections 125.84 to 125.90 of the Revised Code, 8580
in accordance with section 149.01 of the Revised Code, and file 8581
such report with the general assembly.8582

       Sec. 126.12.  (A)(1) The office of budget and management 8583
shall prepare and administer a statewide indirect cost allocation 8584
plan that provides for the recovery of statewide indirect costs 8585
from any fund of the state. The director of budget and management 8586
may make transfers of statewide indirect costs from the 8587
appropriate fund of the state to the general revenue fund on an 8588
intrastate transfer voucher. The director, for reasons of sound 8589
financial management, also may waive the recovery of statewide 8590
indirect costs. Prior to making a transfer in accordance with this 8591
division, the director shall notify the affected agency of the 8592
amounts to be transferred.8593

       (2) To support development and upgrade costs to the state's 8594
enterprise resource planning system, the director also may make 8595
transfers of statewide indirect costs attributable to debt service 8596
paid for the system to the OAKS support organization fund created 8597
in section 126.24 of the Revised Code. Transfers may be made from 8598
either of the following: 8599

       (a) The appropriate fund of the state; 8600

       (b) The general revenue fund, if the statewide indirect costs 8601
have been collected under division (A)(1) of this section and 8602
deposited in the general revenue fund. 8603

       (B) As used in this section, "statewide indirect costs" means 8604
operating costs incurred by an agency in providing services to any 8605
other agency, for which there was no billing to such other agency 8606
for the services provided, and for which disbursements have been 8607
made from the general revenue fund.8608

       (C) Notwithstanding any provision of law to the contrary, in 8609
order to reduce the payment of adjustments to the federal 8610
government as determined under the plan prepared under division 8611
(A)(1) of this section, the director of budget and management 8612
shall, on or before the first day of September each fiscal year, 8613
designate such funds of the state as the director considers 8614
necessary to retain their own interest earnings.8615

       Sec. 126.141. Any request for release of capital 8616
appropriations by the director of budget and management or the 8617
controlling board for facilities projects shall contain a 8618
contingency reserve, the amount of which shall be determined by 8619
the public authority, for payment of unanticipated project 8620
expenses. Any amount deducted from the encumbrance for a 8621
contractor's contract as an assessment for liquidated damages 8622
shall be added to the encumbrance for the contingency reserve. 8623
Contingency reserve funds shall be used to pay costs resulting 8624
from unanticipated job conditions, to comply with rulings 8625
regarding building and other codes, to pay costs related to 8626
errors, omissions, or other deficiencies in contract documents, to 8627
pay costs associated with changes in the scope of work, to pay 8628
interest due on late payments, and to pay the costs of settlements 8629
and judgments related to the project.8630

       Any funds remaining upon completion of a project may, upon 8631
approval of the controlling board, be released for the use of the 8632
agency or instrumentality to which the appropriation was made for 8633
other capital facilities projects.8634

       Sec. 126.21.  (A) The director of budget and management shall 8635
do all of the following:8636

       (1) Keep all necessary accounting records;8637

       (2) Prescribe and maintain the accounting system of the state 8638
and establish appropriate accounting procedures and charts of 8639
accounts;8640

       (3) Establish procedures for the use of written, electronic, 8641
optical, or other communications media for approving and reviewing 8642
payment vouchers;8643

       (4) Reconcile, in the case of any variation between the 8644
amount of any appropriation and the aggregate amount of items of 8645
the appropriation, with the advice and assistance of the state 8646
agency affected by it and the legislative service commission, 8647
totals so as to correspond in the aggregate with the total 8648
appropriation. In the case of a conflict between the item and the 8649
total of which it is a part, the item shall be considered the 8650
intended appropriation.8651

       (5) Evaluate on an ongoing basis and, if necessary, recommend 8652
improvements to the internal controls used in state agencies;8653

       (6) Authorize the establishment of petty cash accounts. The 8654
director may withdraw approval for any petty cash account and 8655
require the officer in charge to return to the state treasury any 8656
unexpended balance shown by the officer's accounts to be on hand. 8657
Any officer who is issued a warrant for petty cash shall render a 8658
detailed account of the expenditures of the petty cash and shall 8659
report when requested the balance of petty cash on hand at any 8660
time.8661

       (7) Process orders, invoices, vouchers, claims, and payrolls 8662
and prepare financial reports and statements;8663

       (8) Perform extensions, reviews, and compliance checks prior 8664
to or after approving a payment as the director considers 8665
necessary;8666

       (9) Issue the official comprehensive annual financial report 8667
of the state. The report shall cover all funds of the state 8668
reporting entity and shall include basic financial statements and 8669
required supplementary information prepared in accordance with 8670
generally accepted accounting principles and other information as 8671
the director provides. All state agencies, authorities, 8672
institutions, offices, retirement systems, and other component 8673
units of the state reporting entity as determined by the director 8674
shall furnish the director whatever financial statements and other 8675
information the director requests for the report, in the form, at 8676
the times, covering the periods, and with the attestation the 8677
director prescribes. The information for state institutions of 8678
higher education, as defined in section 3345.011 of the Revised 8679
Code, shall be submitted to the chancellor by the Ohio board of 8680
regents. The board shall establish a due date by which each such 8681
institution shall submit the information to the board, but no such 8682
date shall be later than one hundred twenty days after the end of 8683
the state fiscal year unless a later date is approved by the 8684
director.8685

       (B) In addition to the director's duties under division (A) 8686
of this section, the director may establish and administer one or 8687
more state payment card programs that permit or require state 8688
agencies to use a payment card to purchase equipment, materials, 8689
supplies, or services in accordance with guidelines issued by the 8690
director. The chief administrative officer of a state agency that 8691
uses a payment card for such purposes shall ensure that purchases 8692
made with the card are made in accordance with the guidelines 8693
issued by the director and do not exceed the unexpended, 8694
unencumbered, unobligated balance in the appropriation to be 8695
charged for the purchase. State agencies may participate in only 8696
those state payment card programs that the director establishes 8697
pursuant to this section.8698

       (C) In addition to the director's duties under divisions (A) 8699
and (B) of this section, the director may enter into any contract 8700
or agreement necessary for and incidental to the performance of 8701
the director's duties or the duties of the office of budget and 8702
management.8703

       (D) In consultation with the director of administrative 8704
services, the director may appoint and fix the compensation of 8705
employees of the office of budget and management whose primary 8706
duties include the consolidation of statewide financing functions 8707
and common transactional processes.8708

       (E) The director may transfer cash between funds other than 8709
the general revenue fund in order to correct an erroneous payment 8710
or deposit regardless of the fiscal year during which the 8711
erroneous payment or deposit occurred.8712

       Sec. 126.24. The OAKS support organization fund is hereby 8713
created in the state treasury for the purpose of paying the 8714
operating, development, and upgrade expenses of the state's 8715
enterprise resource planning system. The fund shall consist of 8716
cash transfers from the accounting and budgeting fund and the 8717
human resources services fund, and otherreceived pursuant to 8718
division (A)(2) of section 126.12 of the Revised Code and agency 8719
payroll charge revenues that are designated to support the 8720
operating, development, and upgrade costs of the Ohio 8721
administrative knowledge system. All investment earnings of the 8722
fund shall be credited to the fund.8723

       Sec. 126.50.  As used in sections 126.50, 126.501, 126.502,8724
126.503, 126.504, 126.505, and 126.506, and 126.507 of the Revised 8725
Code:8726

       (A) "Critical services" means a service provided by the state 8727
the deferral or cancellation of which would cause at least one of 8728
the following:8729

       (1) An immediate risk to the health, safety, or welfare of 8730
the citizens of the state;8731

       (2) A undermining of activity aimed at creating or retaining 8732
jobs in the state;8733

       (3) An interference with the receipt of revenue to the state 8734
or the realization of savings to the state.8735

       "Critical services" does not mean a deferral or cancellation 8736
of a service provided by the state that would result in 8737
inconvenience, sustainable delay, or other similar compromise to 8738
the normal provision of state-provided services.8739

       (B), "Statestate agency" has the same meaning as in section 8740
1.60 of the Revised Code, but does not include the elected state 8741
officers, the general assembly or any legislative agency, a court 8742
or any judicial agency, or a state institution of higher 8743
education.8744

       Sec. 126.60.  As used in sections 126.60 to 126.605 of the 8745
Revised Code:8746

       (A) "Contract" means any purchase and sale agreement, lease, 8747
service agreement, franchise agreement, concession agreement, or 8748
other written agreement entered into under sections 126.60 to 8749
126.605 of the Revised Code with respect to the provision of 8750
highway services and any project related thereto. 8751

       (B) "Highway services" means the operation or maintenance of 8752
any highway in this state, the construction of which was funded by 8753
proceeds from state revenue bonds that are to be repaid primarily 8754
from revenues derived from the operation of the highway and any 8755
related facilities and not primarily from the tax that is subject 8756
to the limitations of Article XII, Section 5a of the Ohio 8757
Constitution.8758

        (C) "Improvement" means any construction, reconstruction, 8759
rehabilitation, renovation, installation, improvement, 8760
enlargement, or extension of property or improvements to property.8761

       (D) "Private sector entity" means any corporation, whether 8762
for profit or not for profit, limited liability company, 8763
partnership, limited liability partnership, sole proprietorship, 8764
business trust, joint venture or other entity, but shall not mean 8765
the state, a political subdivision of the state, or a public or 8766
governmental entity, agency, or instrumentality of the state.8767

       (E) "Project" means real or personal property, or both, and 8768
improvements thereto or in support thereof, including undivided 8769
and other interests therein, used for or in the provision of 8770
highway services. 8771

       (F) "Proposer" means a private sector entity, local or 8772
regional public entity or agency, or any group or combination 8773
thereof, in collaboration or cooperation with other private sector 8774
entities, local or regional public entities, submitting 8775
qualifications or a proposal for providing highway services.8776

       Sec. 126.601.  Notwithstanding any provision of the Revised 8777
Code to the contrary, the director of budget and management and 8778
the director of transportation may take any action and execute any 8779
contract for the provision of highway services in order to more 8780
efficiently and effectively provide those services, including by 8781
generating additional resources in support of those services and 8782
related projects. Any such contract may contain the terms and 8783
conditions established by the director of budget and management 8784
and the department of transportation to carry out and effect the 8785
purposes of sections 126.60 to 126.605 of the Revised Code. The 8786
director is hereby authorized to receive and deposit, consistent 8787
with section 126.603 of the Revised Code, any money received under 8788
the contract. Any such contract shall be sufficient to effect its 8789
purpose notwithstanding any provision of the Revised Code to the 8790
contrary, including other laws governing the sale, lease or other 8791
disposition of property or interests therein, service contracts, 8792
or financial transactions by or for the state. The director of 8793
transportation may exercise all powers of the Ohio turnpike 8794
commission for purposes of sections 126.60 to 126.605 of the 8795
Revised Code, and may take any action and, with the director of 8796
budget and management, execute any contract necessary to effect 8797
the purposes of sections 126.60 to 126.605 of the Revised Code, 8798
notwithstanding any provision of Chapter 5537. of the Revised Code 8799
to the contrary.8800

       Sec. 126.602.  (A) Before entering into a contract for the 8801
provision of highway services, the director of budget and 8802
management shall publish notice of its intent to enter into a 8803
contract for the highway services and any related project. The 8804
notice shall notify interested parties of the opportunity to 8805
submit their qualifications or proposals, or both, for 8806
consideration and shall be published at least thirty days prior to 8807
the deadline for submitting those qualifications or proposals. The 8808
director also may advertise the information contained in the 8809
notice in appropriate trade journals and otherwise notify parties 8810
believed to be interested in providing the highway services and in 8811
any related project. The notice shall include a general 8812
description of the highway services to be provided and any related 8813
project and of the qualifications or proposals being sought and 8814
instructions for obtaining the invitation. 8815

       (B) After inviting qualifications, the director of budget and 8816
management, in consultation with the department of transportation, 8817
shall evaluate the qualifications submitted and may hold 8818
discussions with proposers to further explore their 8819
qualifications. Following this evaluation, the director, in 8820
consultation with the department, may determine a list of 8821
qualified proposers based on criteria in the invitation and invite 8822
only those proposers to submit a proposal for the provision of the 8823
highway services and any related project. 8824

        (C) After inviting proposals, the director of budget and 8825
management, in consultation with the department of transportation, 8826
shall evaluate the proposals submitted and may hold discussions 8827
with proposers to further explore their proposals, the scope and 8828
nature of the highway services they would provide, and the various 8829
technical approaches they may take regarding the highway services 8830
and any related project. Following this evaluation, the director, 8831
in consultation with the department, shall:8832

       (1) Select and rank no fewer than three proposers that the 8833
director considers to be the most qualified to enter into the 8834
contract, except when the director determines that fewer than 8835
three qualified proposers are available, in which case the 8836
director shall select and rank them;8837

       (2) Negotiate a contract with the proposer ranked most 8838
qualified to provide the highway services at a compensation 8839
determined in writing to be fair and reasonable, and to purchase, 8840
lease or otherwise take a legal interest in the project.8841

       (D)(1) Upon failure to negotiate a contract with the proposer 8842
ranked most qualified, the director shall inform the proposer in 8843
writing of the termination of negotiations and may enter into 8844
negotiations with the proposer ranked next most qualified. If 8845
negotiations again fail, the same procedure may be followed with 8846
each next most qualified proposer selected and ranked, in order of 8847
ranking, until a contract is negotiated.8848

       (2) If the director, in consultation with the department, 8849
fails to negotiate a contract with any of the ranked proposers, 8850
the director, in consultation with the department, may terminate 8851
the process or select and rank additional proposers, based on 8852
their qualifications or proposals, and negotiations shall continue 8853
as with the proposers selected and ranked initially until a 8854
contract is negotiated.8855

       (E) Any contract entered into under this section may contain 8856
terms, as deemed appropriate by the director, in consultation with 8857
the department, including the duration of the contract, which 8858
shall not exceed seventy-five years, rates or fees for the highway 8859
services to be provided or methods or procedures for the 8860
determination of such rates or fees, standards for the highway 8861
services to be provided, responsibilities and standards for 8862
operation and maintenance of any related project, required 8863
financial assurances, financial and other data reporting 8864
requirements, bases and procedures for termination of the contract 8865
and retaking of possession or title to the project, and events of 8866
default and remedies upon default, including mandamus, a suit in 8867
equity, an action at law, or any combination of those remedial 8868
actions.8869

       (F) Chapter 4115. of the Revised Code shall not apply to any 8870
project. Chapter 4117. of the Revised Code shall not apply to any 8871
employees working at or on a project to provide highway services.8872

       (G) The director of budget and management may reject any and 8873
all submissions of qualifications or proposals. 8874

       Sec. 126.603. (A) In addition to its powers under sections 8875
127.14 and 127.16 of the Revised Code, the controlling board shall 8876
approve any invitation for qualifications or for proposals and 8877
related contract negotiated under sections 126.60 to 126.605 of 8878
the Revised Code, which approval may be by pre-approval of 8879
specified terms of the contract. The controlling board may approve 8880
any transfer of moneys and funds necessary to support the highway 8881
services.8882

       (B) All money received by the director of budget and 8883
management under a contract executed pursuant to sections 126.60 8884
to 126.605 of the Revised Code shall be deposited into the state 8885
treasury to the credit of the highway services fund, which is 8886
hereby created. Any interest earned on money in the fund shall be 8887
credited to the fund.8888

       Sec. 126.604.  The exercise of the powers granted by sections 8889
126.60 to 126.605 of the Revised Code will be for the benefit of 8890
the people of the state and shall be liberally construed to effect 8891
the purposes thereof. Any project or part thereof owned by the 8892
state and used for performing any highway services pursuant to a 8893
contract entered into under sections 126.60 to 126.605 of the 8894
Revised Code that would be exempt from real property taxes or 8895
assessments in the absence of such contract shall remain exempt 8896
from real property taxes and assessments levied by the state and 8897
its subdivisions to the same extent as if not subject to that 8898
contract. The gross receipts and income of a successful proposer 8899
derived from providing highway services under a contract through a 8900
project owned by the state shall be exempt from gross receipts and 8901
income taxes levied by the state and its subdivisions, including 8902
the tax levied pursuant to Chapter 5751. of the Revised Code. Any 8903
transfer or lease between a successful proposer and the state of a 8904
project or part thereof, or item included or to be included in the 8905
project, shall be exempt from the taxes levied pursuant to 8906
Chapters 5739. and 5741. of the Revised Code if the state is 8907
retaining ownership of the project or part thereof that is being 8908
transferred or leased.8909

       Sec. 126.605.  The director of budget and management, in 8910
consultation with the department of transportation, may retain or 8911
contract for the services of commercial appraisers, engineers, 8912
investment bankers, financial advisers, accounting experts, and 8913
other consultants, independent contractors or providers of 8914
professional services as are necessary in the judgment of the 8915
director to carry out the director's powers and duties under 8916
sections 126.60 to 126.605 of the Revised Code, including the 8917
identification of highway services and any related projects to be 8918
subject to invitations for qualifications or proposals under 8919
sections 126.60 to 126.605 of the Revised Code, the development of 8920
those invitations and related evaluation criteria, the evaluation 8921
of those invitations, and negotiation of any contract under 8922
sections 126.60 to 126.605 of the Revised Code.8923

       Sec. 127.16.  (A) Upon the request of either a state agency 8924
or the director of budget and management and after the controlling 8925
board determines that an emergency or a sufficient economic reason 8926
exists, the controlling board may approve the making of a purchase 8927
without competitive selection as provided in division (B) of this 8928
section.8929

       (B) Except as otherwise provided in this section, no state 8930
agency, using money that has been appropriated to it directly, 8931
shall:8932

       (1) Make any purchase from a particular supplier, that would 8933
amount to fifty thousand dollars or more when combined with both 8934
the amount of all disbursements to the supplier during the fiscal 8935
year for purchases made by the agency and the amount of all 8936
outstanding encumbrances for purchases made by the agency from the 8937
supplier, unless the purchase is made by competitive selection or 8938
with the approval of the controlling board;8939

       (2) Lease real estate from a particular supplier, if the 8940
lease would amount to seventy-five thousand dollars or more when 8941
combined with both the amount of all disbursements to the supplier 8942
during the fiscal year for real estate leases made by the agency 8943
and the amount of all outstanding encumbrances for real estate 8944
leases made by the agency from the supplier, unless the lease is 8945
made by competitive selection or with the approval of the 8946
controlling board.8947

       (C) Any person who authorizes a purchase in violation of 8948
division (B) of this section shall be liable to the state for any 8949
state funds spent on the purchase, and the attorney general shall 8950
collect the amount from the person.8951

       (D) Nothing in division (B) of this section shall be 8952
construed as:8953

       (1) A limitation upon the authority of the director of 8954
transportation as granted in sections 5501.17, 5517.02, and 8955
5525.14 of the Revised Code;8956

       (2) Applying to medicaid provider agreements under Chapter 8957
5111. of the Revised Code;8958

       (3) Applying to the purchase of examinations from a sole 8959
supplier by a state licensing board under Title XLVII of the 8960
Revised Code;8961

       (4) Applying to entertainment contracts for the Ohio state 8962
fair entered into by the Ohio expositions commission, provided 8963
that the controlling board has given its approval to the 8964
commission to enter into such contracts and has approved a total 8965
budget amount for such contracts as agreed upon by commission 8966
action, and that the commission causes to be kept itemized records 8967
of the amounts of money spent under each contract and annually 8968
files those records with the clerk of the house of representatives 8969
and the clerk of the senate following the close of the fair;8970

       (5) Limiting the authority of the chief of the division of 8971
mineral resources management to contract for reclamation work with 8972
an operator mining adjacent land as provided in section 1513.27 of 8973
the Revised Code;8974

       (6) Applying to investment transactions and procedures of any 8975
state agency, except that the agency shall file with the board the 8976
name of any person with whom the agency contracts to make, broker, 8977
service, or otherwise manage its investments, as well as the 8978
commission, rate, or schedule of charges of such person with 8979
respect to any investment transactions to be undertaken on behalf 8980
of the agency. The filing shall be in a form and at such times as 8981
the board considers appropriate.8982

       (7) Applying to purchases made with money for the per cent 8983
for arts program established by section 3379.10 of the Revised 8984
Code;8985

       (8) Applying to purchases made by the rehabilitation services 8986
commission of services, or supplies, that are provided to persons 8987
with disabilities, or to purchases made by the commission in 8988
connection with the eligibility determinations it makes for 8989
applicants of programs administered by the social security 8990
administration;8991

       (9) Applying to payments by the department of job and family 8992
services under section 5111.13 of the Revised Code for group 8993
health plan premiums, deductibles, coinsurance, and other 8994
cost-sharing expenses;8995

       (10) Applying to any agency of the legislative branch of the 8996
state government;8997

       (11) Applying to agreements or contracts entered into under 8998
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the 8999
Revised Code;9000

       (12) Applying to purchases of services by the adult parole 9001
authority under section 2967.14 of the Revised Code or by the 9002
department of youth services under section 5139.08 of the Revised 9003
Code;9004

       (13) Applying to dues or fees paid for membership in an 9005
organization or association;9006

       (14) Applying to purchases of utility services pursuant to 9007
section 9.30 of the Revised Code;9008

       (15) Applying to purchases made in accordance with rules 9009
adopted by the department of administrative services of motor 9010
vehicle, aviation, or watercraft fuel, or emergency repairs of 9011
such vehicles;9012

       (16) Applying to purchases of tickets for passenger air 9013
transportation;9014

       (17) Applying to purchases necessary to provide public 9015
notifications required by law or to provide notifications of job 9016
openings;9017

       (18) Applying to the judicial branch of state government;9018

       (19) Applying to purchases of liquor for resale by the 9019
division of liquor control;9020

       (20) Applying to purchases of motor courier and freight 9021
services made in accordance with department of administrative 9022
services rules;9023

       (21) Applying to purchases from the United States postal 9024
service and purchases of stamps and postal meter replenishment 9025
from vendors at rates established by the United States postal 9026
service;9027

       (22) Applying to purchases of books, periodicals, pamphlets, 9028
newspapers, maintenance subscriptions, and other published 9029
materials;9030

       (23) Applying to purchases from other state agencies, 9031
including state-assisted institutions of higher education;9032

       (24) Limiting the authority of the director of environmental 9033
protection to enter into contracts under division (D) of section 9034
3745.14 of the Revised Code to conduct compliance reviews, as 9035
defined in division (A) of that section;9036

       (25) Applying to purchases from a qualified nonprofit agency 9037
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of 9038
the Revised Code;9039

       (26) Applying to payments by the department of job and family 9040
services to the United States department of health and human 9041
services for printing and mailing notices pertaining to the tax 9042
refund offset program of the internal revenue service of the 9043
United States department of the treasury;9044

       (27) Applying to contracts entered into by the department of 9045
developmental disabilities under section 5123.18 of the Revised 9046
Code;9047

       (28) Applying to payments made by the department of mental 9048
health under a physician recruitment program authorized by section 9049
5119.101 of the Revised Code;9050

       (29) Applying to contracts entered into with persons by the 9051
director of commerce for unclaimed funds collection and remittance 9052
efforts as provided in division (F) of section 169.03 of the 9053
Revised Code. The director shall keep an itemized accounting of 9054
unclaimed funds collected by those persons and amounts paid to 9055
them for their services.9056

       (30) Applying to purchases made by a state institution of 9057
higher education in accordance with the terms of a contract 9058
between the vendor and an inter-university purchasing group 9059
comprised of purchasing officers of state institutions of higher 9060
education;9061

       (31) Applying to the department of job and family services' 9062
purchases of health assistance services under the children's 9063
health insurance program part I provided for under section 5101.50 9064
of the Revised Code, the children's health insurance program part 9065
II provided for under section 5101.51 of the Revised Code, or the 9066
children's health insurance program part III provided for under 9067
section 5101.52 of the Revised Code, or the children's buy-in 9068
program provided for under sections 5101.5211 to 5101.5216 of the 9069
Revised Code;9070

       (32) Applying to payments by the attorney general from the 9071
reparations fund to hospitals and other emergency medical 9072
facilities for performing medical examinations to collect physical 9073
evidence pursuant to section 2907.28 of the Revised Code;9074

       (33) Applying to contracts with a contracting authority or 9075
administrative receiver under division (B) of section 5126.056 of 9076
the Revised Code;9077

       (34) Applying to purchases of goods and services by the 9078
department of veterans services in accordance with the terms of 9079
contracts entered into by the United States department of veterans 9080
affairs;9081

       (35) Applying to payments by the superintendent of the bureau 9082
of criminal identification and investigation to the federal bureau 9083
of investigation for criminal records checks pursuant to section 9084
109.572 of the Revised Code.9085

       (E) When determining whether a state agency has reached the 9086
cumulative purchase thresholds established in divisions (B)(1) and 9087
(2) of this section, all of the following purchases by such agency 9088
shall not be considered:9089

       (1) Purchases made through competitive selection or with 9090
controlling board approval;9091

       (2) Purchases listed in division (D) of this section;9092

       (3) For the purposes of the threshold of division (B)(1) of 9093
this section only, leases of real estate.9094

       (F) As used in this section, "competitive selection," 9095
"purchase," "supplies," and "services" have the same meanings as 9096
in section 125.01 of the Revised Code.9097

       Sec. 131.23.  The various political subdivisions of this 9098
state may issue bonds, and any indebtedness created by that 9099
issuance shall not be subject to the limitations or included in 9100
the calculation of indebtedness prescribed by sections 133.05, 9101
133.06, 133.07, and 133.09 of the Revised Code, but the bonds may 9102
be issued only under the following conditions:9103

       (A) The subdivision desiring to issue the bonds shall obtain 9104
from the county auditor a certificate showing the total amount of 9105
delinquent taxes due and unpayable to the subdivision at the last 9106
semiannual tax settlement.9107

       (B) The fiscal officer of that subdivision shall prepare a 9108
statement, from the books of the subdivision, verified by the 9109
fiscal officer under oath, which shall contain the following facts 9110
of the subdivision:9111

       (1) The total bonded indebtedness;9112

       (2) The aggregate amount of notes payable or outstanding 9113
accounts of the subdivision, incurred prior to the commencement of 9114
the current fiscal year, which shall include all evidences of 9115
indebtedness issued by the subdivision except notes issued in 9116
anticipation of bond issues and the indebtedness of any 9117
nontax-supported public utility;9118

       (3) Except in the case of school districts, the aggregate 9119
current year's requirement for disability financial assistance 9120
provided under Chapter 5115. of the Revised Code that the 9121
subdivision is unable to finance except by the issue of bonds;9122

       (4) The indebtedness outstanding through the issuance of any 9123
bonds or notes pledged or obligated to be paid by any delinquent 9124
taxes;9125

       (5) The total of any other indebtedness;9126

       (6) The net amount of delinquent taxes unpledged to pay any 9127
bonds, notes, or certificates, including delinquent assessments on 9128
improvements on which the bonds have been paid;9129

       (7) The budget requirements for the fiscal year for bond and 9130
note retirement;9131

       (8) The estimated revenue for the fiscal year.9132

       (C) The certificate and statement provided for in divisions 9133
(A) and (B) of this section shall be forwarded to the tax 9134
commissioner together with a request for authority to issue bonds 9135
of the subdivision in an amount not to exceed seventy per cent of 9136
the net unobligated delinquent taxes and assessments due and owing 9137
to the subdivision, as set forth in division (B)(6) of this 9138
section.9139

       (D) No subdivision may issue bonds under this section in 9140
excess of a sufficient amount to pay the indebtedness of the 9141
subdivision as shown by division (B)(2) of this section and, 9142
except in the case of school districts, to provide funds for 9143
disability financial assistance as shown by division (B)(3) of 9144
this section.9145

       (E) The tax commissioner shall grant to the subdivision 9146
authority requested by the subdivision as restricted by divisions 9147
(C) and (D) of this section and shall make a record of the 9148
certificate, statement, and grant in a record book devoted solely 9149
to such recording and which shall be open to inspection by the 9150
public.9151

       (F) The commissioner shall immediately upon issuing the 9152
authority provided in division (E) of this section notify the 9153
proper authority having charge of the retirement of bonds of the 9154
subdivision by forwarding a copy of the grant of authority and of 9155
the statement provided for in division (B) of this section.9156

       (G) Upon receipt of authority, the subdivision shall proceed 9157
according to law to issue the amount of bonds authorized by the 9158
commissioner, and authorized by the taxing authority, provided the 9159
taxing authority of that subdivision may submit, by resolution, to 9160
the electors of that subdivision the question of issuing the 9161
bonds. The resolution shall make the declarations and statements 9162
required by section 133.18 of the Revised Code. The county auditor 9163
and taxing authority shall thereupon proceed as set forth in 9164
divisions (C) and (D) of that section. The election on the 9165
question of issuing the bonds shall be held under divisions (E), 9166
(F), and (G) of that section, except that publication of the 9167
notice of the election shall be made on two separate days prior to 9168
the election in one or more newspapersa newspaper of general 9169
circulation in the subdivision, and, ifor as provided in section 9170
7.16 of the Revised Code. If the board of elections operates and 9171
maintains a web site, notice of the election also shall be posted 9172
on that web site for thirty days prior to the election. The bonds 9173
may be exchanged at their face value with creditors of the 9174
subdivision in liquidating the indebtedness described and 9175
enumerated in division (B)(2) of this section or may be sold as 9176
provided in Chapter 133. of the Revised Code, and in either event 9177
shall be uncontestable.9178

       (H) The per cent of delinquent taxes and assessments 9179
collected for and to the credit of the subdivision after the 9180
exchange or sale of bonds as certified by the commissioner shall 9181
be paid to the authority having charge of the sinking fund of the 9182
subdivision, which money shall be placed in a separate fund for 9183
the purpose of retiring the bonds so issued. The proper authority 9184
of the subdivisions shall provide for the levying of a tax 9185
sufficient in amount to pay the debt charges on all such bonds 9186
issued under this section.9187

       (I) This section is for the sole purpose of assisting the 9188
various subdivisions in paying their unsecured indebtedness, and 9189
providing funds for disability financial assistance. The bonds 9190
issued under authority of this section shall not be used for any 9191
other purpose, and any exchange for other purposes, or the use of 9192
the money derived from the sale of the bonds by the subdivision 9193
for any other purpose, is misapplication of funds.9194

       (J) The bonds authorized by this section shall be redeemable 9195
or payable in not to exceed ten years from date of issue and shall 9196
not be subject to or considered in calculating the net 9197
indebtedness of the subdivision. The budget commission of the 9198
county in which the subdivision is located shall annually allocate 9199
such portion of the then delinquent levy due the subdivision which 9200
is unpledged for other purposes to the payment of debt charges on 9201
the bonds issued under authority of this section.9202

       (K) The issue of bonds under this section shall be governed 9203
by Chapter 133. of the Revised Code, respecting the terms used, 9204
forms, manner of sale, and redemption except as otherwise provided 9205
in this section.9206

       The board of county commissioners of any county may issue 9207
bonds authorized by this section and distribute the proceeds of 9208
the bond issues to any or all of the cities and townships of the 9209
county, according to their relative needs for disability financial 9210
assistance as determined by the county.9211

       All sections of the Revised Code inconsistent with or 9212
prohibiting the exercise of the authority conferred by this 9213
section are inoperative respecting bonds issued under this 9214
section.9215

       Sec. 131.44.  (A) As used in this section:9216

       (1) "Surplus revenue" means the excess, if any, of the total 9217
fund balance over the required year-end balance.9218

       (2) "Total fund balance" means the sum of the unencumbered 9219
balance in the general revenue fund on the last day of the 9220
preceding fiscal year plus the balance in the budget stabilization 9221
fund.9222

       (3) "Required year-end balance" means the sum of the 9223
following:9224

       (a) Five per cent of the general revenue fund revenues for 9225
the preceding fiscal year;9226

       (b) "Ending fund balance," which means one-half of one per 9227
cent of general revenue fund revenues for the preceding fiscal 9228
year;9229

       (c) "Carryover balance," which means, with respect to a 9230
fiscal biennium, the excess, if any, of the estimated general 9231
revenue fund appropriation and transfer requirement for the second 9232
fiscal year of the biennium over the estimated general revenue 9233
fund revenue for that fiscal year;9234

       (d) "Capital appropriation reserve," which means the amount, 9235
if any, of general revenue fund capital appropriations made for 9236
the current biennium that the director of budget and management 9237
has determined will be encumbered or disbursed;9238

       (e) "Income tax reduction impact reserve," which means an 9239
amount equal to the reduction projected by the director of budget 9240
and management in income tax revenue in the current fiscal year 9241
attributable to the previous reduction in the income tax rate made 9242
by the tax commissioner pursuant to division (B) of section 9243
5747.02 of the Revised Code.9244

       (4) "Estimated general revenue fund appropriation and 9245
transfer requirement" means the most recent adjusted 9246
appropriations made by the general assembly from the general 9247
revenue fund and includes both of the following:9248

       (a) Appropriations made and transfers of appropriations from 9249
the first fiscal year to the second fiscal year of the biennium in 9250
provisions of acts of the general assembly signed by the governor 9251
but not yet effective;9252

       (b) Transfers of appropriationappropriations from the first 9253
fiscal year to the second fiscal year of the biennium approved by 9254
the controlling board.9255

       (5) "Estimated general revenue fund revenue" means the most 9256
recent such estimate available to the director of budget and 9257
management.9258

       (B)(1) Not later than the thirty-first day of July each year, 9259
the director of budget and management shall determine the surplus 9260
revenue that existed on the preceding thirtieth day of June and 9261
transfer from the general revenue fund, to the extent of the 9262
unobligated, unencumbered balance on the preceding thirtieth day 9263
of June in excess of one-half of one per cent of the general 9264
revenue fund revenues in the preceding fiscal year, the following:9265

       (a) First, to the budget stabilization fund, any amount 9266
necessary for the balance of the budget stabilization fund to 9267
equal five per cent of the general revenue fund revenues of the 9268
preceding fiscal year;9269

       (b) Then, to the income tax reduction fund, which is hereby 9270
created in the state treasury, an amount equal to the surplus 9271
revenue.9272

       (2) Not later than the thirty-first day of July each year, 9273
the director shall determine the percentage that the balance in 9274
the income tax reduction fund is of the amount of revenue that the 9275
director estimates will be received from the tax levied under 9276
section 5747.02 of the Revised Code in the current fiscal year 9277
without regard to any reduction under division (B) of that 9278
section. If that percentage exceeds thirty-five one hundredths of 9279
one per cent, the director shall certify the percentage to the tax 9280
commissioner not later than the thirty-first day of July.9281

       (C) The director of budget and management shall transfer 9282
money in the income tax reduction fund to the general revenue 9283
fund, the local government fund, and the public library fund as 9284
necessary to offset revenue reductions resulting from the 9285
reductions in taxes required under division (B) of section 5747.02 9286
of the Revised Code in the respective amounts and percentages 9287
prescribed by division (A) of section 5747.03 and divisions (A)(B)9288
and (B)(C) of section 131.51 of the Revised Code as if the amount 9289
transferred had been collected as taxes under Chapter 5747. of the 9290
Revised Code. If no reductions in taxes are made under that 9291
division that affect revenue received in the current fiscal year, 9292
the director shall not transfer money from the income tax 9293
reduction fund to the general revenue fund, the local government 9294
fund, and the public library fund.9295

       Sec. 131.51.  (A) Beginning January 2008, onOn or before 9296
July 5, 2013, the tax commissioner shall compute the following 9297
amounts and certify those amounts to the director of budget and 9298
management:9299

       (1) A percentage calculated by multiplying one hundred by the 9300
quotient obtained by dividing the total amount credited to the 9301
local government fund in fiscal year 2013 by the total amount of 9302
tax revenue credited to the general revenue fund in fiscal year 9303
2013. The percentage shall be rounded to the nearest one-hundredth 9304
of one per cent.9305

       (2) A percentage calculated by multiplying one hundred by the 9306
quotient obtained by dividing the total amount credited to the 9307
public library fund in fiscal year 2013 by the total amount of tax 9308
revenue credited to the general revenue fund in fiscal year 2013. 9309
The percentage shall be rounded to the nearest one-hundredth of 9310
one per cent.9311

       (B) On or before the fifthseventh day of each month, the 9312
director of budget and management shall credit to the local 9313
government fund three and sixty-eight one hundredths per cent of9314
an amount equal to the product obtained by multiplying the 9315
percentage calculated under division (A)(1) of this section by the9316
total tax revenue credited to the general revenue fund during the 9317
preceding month. In determining the total tax revenue credited to 9318
the general revenue fund during the preceding month, the director 9319
shall include amounts transferred from that fund during the 9320
preceding month pursuant to divisions (A) and (B) of this section.9321
Money shall be distributed from the local government fund as 9322
required under section 5747.50 of the Revised Code during the same 9323
month in which it is credited to the fund.9324

       (B) Beginning January 2008, on(C) On or before the fifth9325
seventh day of each month, the director of budget and management 9326
shall credit to the public library fund, two and twenty-two one 9327
hundredths per cent ofan amount equal to the product obtained by 9328
multiplying the percentage calculated under division (A)(2) of 9329
this section by the total tax revenue credited to the general 9330
revenue fund during the preceding month. In determining the total 9331
tax revenue credited to the general revenue fund during the 9332
preceding month, the director shall include amounts transferred 9333
from that fund during the preceding month pursuant to divisions 9334
(A) and (B) of this section. Money shall be distributed from the 9335
public library fund as required under section 5747.47 of the 9336
Revised Code during the same month in which it is credited to the 9337
fund.9338

       (C)(D) The director of budget and management shall develop a 9339
schedule identifying the specific tax revenue sources to be used 9340
to make the monthly transfers required under divisions (A)(B) and 9341
(B)(C) of this section. The director may, from time to time, 9342
revise the schedule as the director considers necessary.9343

       Sec. 133.06.  (A) A school district shall not incur, without 9344
a vote of the electors, net indebtedness that exceeds an amount 9345
equal to one-tenth of one per cent of its tax valuation, except as 9346
provided in divisions (G) and (H) of this section and in division 9347
(C) of section 3313.372 of the Revised Code, or as prescribed in 9348
section 3318.052 or 3318.44 of the Revised Code, or as provided in 9349
division (J) of this section.9350

       (B) Except as provided in divisions (E), (F), and (I) of this 9351
section, a school district shall not incur net indebtedness that 9352
exceeds an amount equal to nine per cent of its tax valuation.9353

       (C) A school district shall not submit to a vote of the 9354
electors the question of the issuance of securities in an amount 9355
that will make the district's net indebtedness after the issuance 9356
of the securities exceed an amount equal to four per cent of its 9357
tax valuation, unless the superintendent of public instruction, 9358
acting under policies adopted by the state board of education, and 9359
the tax commissioner, acting under written policies of the 9360
commissioner, consent to the submission. A request for the 9361
consents shall be made at least one hundred twenty days prior to 9362
the election at which the question is to be submitted.9363

       The superintendent of public instruction shall certify to the 9364
district the superintendent's and the tax commissioner's decisions 9365
within thirty days after receipt of the request for consents.9366

       If the electors do not approve the issuance of securities at 9367
the election for which the superintendent of public instruction 9368
and tax commissioner consented to the submission of the question, 9369
the school district may submit the same question to the electors 9370
on the date that the next special election may be held under 9371
section 3501.01 of the Revised Code without submitting a new 9372
request for consent. If the school district seeks to submit the 9373
same question at any other subsequent election, the district shall 9374
first submit a new request for consent in accordance with this 9375
division.9376

       (D) In calculating the net indebtedness of a school district, 9377
none of the following shall be considered:9378

       (1) Securities issued to acquire school buses and other 9379
equipment used in transporting pupils or issued pursuant to 9380
division (D) of section 133.10 of the Revised Code;9381

       (2) Securities issued under division (F) of this section, 9382
under section 133.301 of the Revised Code, and, to the extent in 9383
excess of the limitation stated in division (B) of this section, 9384
under division (E) of this section;9385

       (3) Indebtedness resulting from the dissolution of a joint 9386
vocational school district under section 3311.217 of the Revised 9387
Code, evidenced by outstanding securities of that joint vocational 9388
school district;9389

       (4) Loans, evidenced by any securities, received under 9390
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the 9391
Revised Code;9392

       (5) Debt incurred under section 3313.374 of the Revised Code;9393

       (6) Debt incurred pursuant to division (B)(5) of section 9394
3313.37 of the Revised Code to acquire computers and related 9395
hardware;9396

       (7) Debt incurred under section 3318.042 of the Revised Code.9397

       (E) A school district may become a special needs district as 9398
to certain securities as provided in division (E) of this section.9399

       (1) A board of education, by resolution, may declare its 9400
school district to be a special needs district by determining both 9401
of the following:9402

       (a) The student population is not being adequately serviced 9403
by the existing permanent improvements of the district.9404

       (b) The district cannot obtain sufficient funds by the 9405
issuance of securities within the limitation of division (B) of 9406
this section to provide additional or improved needed permanent 9407
improvements in time to meet the needs.9408

       (2) The board of education shall certify a copy of that 9409
resolution to the superintendent of public instruction with a 9410
statistical report showing all of the following:9411

       (a) A history of and a projection of the growth of the 9412
student population;9413

       (b) The history of and a projection of the growth of the tax 9414
valuation;9415

       (c) The projected needs;9416

       (d) The estimated cost of permanent improvements proposed to 9417
meet such projected needs.9418

       (3) The superintendent of public instruction shall certify 9419
the district as an approved special needs district if the 9420
superintendent finds both of the following:9421

       (a) The district does not have available sufficient 9422
additional funds from state or federal sources to meet the 9423
projected needs.9424

       (b) The projection of the potential average growth of tax 9425
valuation during the next five years, according to the information 9426
certified to the superintendent and any other information the 9427
superintendent obtains, indicates a likelihood of potential 9428
average growth of tax valuation of the district during the next 9429
five years of an average of not less than three per cent per year. 9430
The findings and certification of the superintendent shall be 9431
conclusive.9432

       (4) An approved special needs district may incur net 9433
indebtedness by the issuance of securities in accordance with the 9434
provisions of this chapter in an amount that does not exceed an 9435
amount equal to the greater of the following:9436

       (a) Nine per cent of the sum of its tax valuation plus an 9437
amount that is the product of multiplying that tax valuation by 9438
the percentage by which the tax valuation has increased over the 9439
tax valuation on the first day of the sixtieth month preceding the 9440
month in which its board determines to submit to the electors the 9441
question of issuing the proposed securities;9442

       (b) Nine per cent of the sum of its tax valuation plus an 9443
amount that is the product of multiplying that tax valuation by 9444
the percentage, determined by the superintendent of public 9445
instruction, by which that tax valuation is projected to increase 9446
during the next ten years.9447

       (F) A school district may issue securities for emergency 9448
purposes, in a principal amount that does not exceed an amount 9449
equal to three per cent of its tax valuation, as provided in this 9450
division.9451

       (1) A board of education, by resolution, may declare an 9452
emergency if it determines both of the following:9453

       (a) School buildings or other necessary school facilities in 9454
the district have been wholly or partially destroyed, or condemned 9455
by a constituted public authority, or that such buildings or 9456
facilities are partially constructed, or so constructed or planned 9457
as to require additions and improvements to them before the 9458
buildings or facilities are usable for their intended purpose, or 9459
that corrections to permanent improvements are necessary to remove 9460
or prevent health or safety hazards.9461

       (b) Existing fiscal and net indebtedness limitations make 9462
adequate replacement, additions, or improvements impossible.9463

       (2) Upon the declaration of an emergency, the board of 9464
education may, by resolution, submit to the electors of the 9465
district pursuant to section 133.18 of the Revised Code the 9466
question of issuing securities for the purpose of paying the cost, 9467
in excess of any insurance or condemnation proceeds received by 9468
the district, of permanent improvements to respond to the 9469
emergency need.9470

       (3) The procedures for the election shall be as provided in 9471
section 133.18 of the Revised Code, except that:9472

       (a) The form of the ballot shall describe the emergency 9473
existing, refer to this division as the authority under which the 9474
emergency is declared, and state that the amount of the proposed 9475
securities exceeds the limitations prescribed by division (B) of 9476
this section;9477

       (b) The resolution required by division (B) of section 133.18 9478
of the Revised Code shall be certified to the county auditor and 9479
the board of elections at least one hundred days prior to the 9480
election;9481

       (c) The county auditor shall advise and, not later than 9482
ninety-five days before the election, confirm that advice by 9483
certification to, the board of education of the information 9484
required by division (C) of section 133.18 of the Revised Code;9485

       (d) The board of education shall then certify its resolution 9486
and the information required by division (D) of section 133.18 of 9487
the Revised Code to the board of elections not less than ninety 9488
days prior to the election.9489

       (4) Notwithstanding division (B) of section 133.21 of the 9490
Revised Code, the first principal payment of securities issued 9491
under this division may be set at any date not later than sixty 9492
months after the earliest possible principal payment otherwise 9493
provided for in that division.9494

       (G) The board of education may contract with an architect, 9495
professional engineer, or other person experienced in the design 9496
and implementation of energy conservation measures for an analysis 9497
and recommendations pertaining to installations, modifications of 9498
installations, or remodeling that would significantly reduce 9499
energy consumption in buildings owned by the district. The report 9500
shall include estimates of all costs of such installations, 9501
modifications, or remodeling, including costs of design, 9502
engineering, installation, maintenance, repairs, and debt service, 9503
forgone residual value of materials or equipment replaced by the 9504
energy conservation measure, as defined by the Ohio school 9505
facilities commission, a baseline analysis of actual energy 9506
consumption data for the preceding five years, and estimates of 9507
the amounts by which energy consumption and resultant operational 9508
and maintenance costs, as defined by the Ohio school facilities9509
commission, would be reduced.9510

       If the board finds after receiving the report that the amount 9511
of money the district would spend on such installations, 9512
modifications, or remodeling is not likely to exceed the amount of 9513
money it would save in energy and resultant operational and 9514
maintenance costs over the ensuing fifteen years, the board may 9515
submit to the commission a copy of its findings and a request for 9516
approval to incur indebtedness to finance the making or 9517
modification of installations or the remodeling of buildings for 9518
the purpose of significantly reducing energy consumption.9519

       If the commission determines that the board's findings are 9520
reasonable, it shall approve the board's request. Upon receipt of 9521
the commission's approval, the district may issue securities 9522
without a vote of the electors in a principal amount not to exceed 9523
nine-tenths of one per cent of its tax valuation for the purpose 9524
of making such installations, modifications, or remodeling, but 9525
the total net indebtedness of the district without a vote of the 9526
electors incurred under this and all other sections of the Revised 9527
Code, except section 3318.052 of the Revised Code, shall not 9528
exceed one per cent of the district's tax valuation.9529

       So long as any securities issued under division (G) of this 9530
section remain outstanding, the board of education shall monitor 9531
the energy consumption and resultant operational and maintenance 9532
costs of buildings in which installations or modifications have 9533
been made or remodeling has been done pursuant to division (G) of 9534
this section and shall maintain and annually update a report 9535
documenting the reductions in energy consumption and resultant 9536
operational and maintenance cost savings attributable to such 9537
installations, modifications, or remodeling. The report shall be 9538
certified by an architect or engineer independent of any person 9539
that provided goods or services to the board in connection with 9540
the energy conservation measures that are the subject of the 9541
report. The resultant operational and maintenance cost savings 9542
shall be certified by the school district treasurer. The report 9543
shall be made availablesubmitted annually to the commission upon 9544
request.9545

       (H) With the consent of the superintendent of public 9546
instruction, a school district may incur without a vote of the 9547
electors net indebtedness that exceeds the amounts stated in 9548
divisions (A) and (G) of this section for the purpose of paying 9549
costs of permanent improvements, if and to the extent that both of 9550
the following conditions are satisfied:9551

       (1) The fiscal officer of the school district estimates that 9552
receipts of the school district from payments made under or 9553
pursuant to agreements entered into pursuant to section 725.02, 9554
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62, 9555
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised 9556
Code, or distributions under division (C) of section 5709.43 of 9557
the Revised Code, or any combination thereof, are, after 9558
accounting for any appropriate coverage requirements, sufficient 9559
in time and amount, and are committed by the proceedings, to pay 9560
the debt charges on the securities issued to evidence that 9561
indebtedness and payable from those receipts, and the taxing 9562
authority of the district confirms the fiscal officer's estimate, 9563
which confirmation is approved by the superintendent of public 9564
instruction;9565

       (2) The fiscal officer of the school district certifies, and 9566
the taxing authority of the district confirms, that the district, 9567
at the time of the certification and confirmation, reasonably 9568
expects to have sufficient revenue available for the purpose of 9569
operating such permanent improvements for their intended purpose 9570
upon acquisition or completion thereof, and the superintendent of 9571
public instruction approves the taxing authority's confirmation.9572

       The maximum maturity of securities issued under division (H) 9573
of this section shall be the lesser of twenty years or the maximum 9574
maturity calculated under section 133.20 of the Revised Code.9575

       (I) A school district may incur net indebtedness by the 9576
issuance of securities in accordance with the provisions of this 9577
chapter in excess of the limit specified in division (B) or (C) of 9578
this section when necessary to raise the school district portion 9579
of the basic project cost and any additional funds necessary to 9580
participate in a project under Chapter 3318. of the Revised Code, 9581
including the cost of items designated by the Ohio school 9582
facilities commission as required locally funded initiatives and 9583
the cost for site acquisition. The school facilities commission 9584
shall notify the superintendent of public instruction whenever a 9585
school district will exceed either limit pursuant to this 9586
division.9587

       (J) A school district whose portion of the basic project cost 9588
of its classroom facilities project under sections 3318.01 to 9589
3318.20 of the Revised Code is greater than or equal to one 9590
hundred million dollars may incur without a vote of the electors 9591
net indebtedness in an amount up to two per cent of its tax 9592
valuation through the issuance of general obligation securities in 9593
order to generate all or part of the amount of its portion of the 9594
basic project cost if the controlling board has approved the 9595
school facilities commission's conditional approval of the project 9596
under section 3318.04 of the Revised Code. The school district 9597
board and the Ohio school facilities commission shall include the 9598
dedication of the proceeds of such securities in the agreement 9599
entered into under section 3318.08 of the Revised Code. No state 9600
moneys shall be released for a project to which this section 9601
applies until the proceeds of any bonds issued under this section 9602
that are dedicated for the payment of the school district portion 9603
of the project are first deposited into the school district's 9604
project construction fund.9605

       Sec. 133.18.  (A) The taxing authority of a subdivision may 9606
by legislation submit to the electors of the subdivision the 9607
question of issuing any general obligation bonds, for one purpose, 9608
that the subdivision has power or authority to issue.9609

       (B) When the taxing authority of a subdivision desires or is 9610
required by law to submit the question of a bond issue to the 9611
electors, it shall pass legislation that does all of the 9612
following:9613

       (1) Declares the necessity and purpose of the bond issue;9614

       (2) States the date of the authorized election at which the 9615
question shall be submitted to the electors;9616

       (3) States the amount, approximate date, estimated net 9617
average rate of interest, and maximum number of years over which 9618
the principal of the bonds may be paid;9619

       (4) Declares the necessity of levying a tax outside the tax 9620
limitation to pay the debt charges on the bonds and any 9621
anticipatory securities.9622

       The estimated net average interest rate shall be determined 9623
by the taxing authority based on, among other factors, then 9624
existing market conditions, and may reflect adjustments for any 9625
anticipated direct payments expected to be received by the taxing 9626
authority from the government of the United States relating to the 9627
bonds and the effect of any federal tax credits anticipated to be 9628
available to owners of all or a portion of the bonds. The 9629
estimated net average rate of interest, and any statutory or 9630
charter limit on interest rates that may then be in effect and 9631
that is subsequently amended, shall not be a limitation on the 9632
actual interest rate or rates on the securities when issued.9633

       (C)(1) The taxing authority shall certify a copy of the 9634
legislation passed under division (B) of this section to the 9635
county auditor. The county auditor shall promptly calculate and 9636
advise and, not later than seventy-five days before the election, 9637
confirm that advice by certification to, the taxing authority the 9638
estimated average annual property tax levy, expressed in cents or 9639
dollars and cents for each one hundred dollars of tax valuation 9640
and in mills for each one dollar of tax valuation, that the county 9641
auditor estimates to be required throughout the stated maturity of 9642
the bonds to pay the debt charges on the bonds. In calculating the 9643
estimated average annual property tax levy for this purpose, the 9644
county auditor shall assume that the bonds are issued in one 9645
series bearing interest and maturing in substantially equal 9646
principal amounts in each year over the maximum number of years 9647
over which the principal of the bonds may be paid as stated in 9648
that legislation, and that the amount of the tax valuation of the 9649
subdivision for the current year remains the same throughout the 9650
maturity of the bonds, except as otherwise provided in division 9651
(C)(2) of this section. If the tax valuation for the current year 9652
is not determined, the county auditor shall base the calculation 9653
on the estimated amount of the tax valuation submitted by the 9654
county auditor to the county budget commission. If the subdivision 9655
is located in more than one county, the county auditor shall 9656
obtain the assistance of the county auditors of the other 9657
counties, and those county auditors shall provide assistance, in 9658
establishing the tax valuation of the subdivision for purposes of 9659
certifying the estimated average annual property tax levy.9660

       (2) When considering the tangible personal property component 9661
of the tax valuation of the subdivision, the county auditor shall 9662
take into account the assessment percentages prescribed in section 9663
5711.22 of the Revised Code. The tax commissioner may issue rules, 9664
orders, or instructions directing how the assessment percentages 9665
must be utilized.9666

       (D) After receiving the county auditor's advice under 9667
division (C) of this section, the taxing authority by legislation 9668
may determine to proceed with submitting the question of the issue 9669
of securities, and shall, not later than the seventy-fifth day 9670
before the day of the election, file the following with the board 9671
of elections:9672

       (1) Copies of the legislation provided for in divisions (B) 9673
and (D) of this section;9674

       (2) The amount of the estimated average annual property tax 9675
levy, expressed in cents or dollars and cents for each one hundred 9676
dollars of tax valuation and in mills for each one dollar of tax 9677
valuation, as estimated and certified to the taxing authority by 9678
the county auditor.9679

       (E)(1) The board of elections shall prepare the ballots and 9680
make other necessary arrangements for the submission of the 9681
question to the electors of the subdivision. If the subdivision is 9682
located in more than one county, the board shall inform the boards 9683
of elections of the other counties of the filings with it, and 9684
those other boards shall if appropriate make the other necessary 9685
arrangements for the election in their counties. The election 9686
shall be conducted, canvassed, and certified in the manner 9687
provided in Title XXXV of the Revised Code.9688

       (2) The election shall be held at the regular places for 9689
voting in the subdivision. If the electors of only a part of a 9690
precinct are qualified to vote at the election the board of 9691
elections may assign the electors in that part to an adjoining 9692
precinct, including an adjoining precinct in another county if the 9693
board of elections of the other county consents to and approves 9694
the assignment. Each elector so assigned shall be notified of that 9695
fact prior to the election by notice mailed by the board of 9696
elections, in such manner as it determines, prior to the election.9697

       (3) The board of elections shall publish a notice of the 9698
election,once in one or more newspapersa newspaper of general 9699
circulation in the subdivision, at least once no later than ten 9700
days prior to the election. The notice shall state all of the 9701
following:9702

       (a) The principal amount of the proposed bond issue;9703

       (b) The stated purpose for which the bonds are to be issued;9704

       (c) The maximum number of years over which the principal of 9705
the bonds may be paid;9706

       (d) The estimated additional average annual property tax 9707
levy, expressed in cents or dollars and cents for each one hundred 9708
dollars of tax valuation and in mills for each one dollar of tax 9709
valuation, to be levied outside the tax limitation, as estimated 9710
and certified to the taxing authority by the county auditor;9711

       (e) The first calendar year in which the tax is expected to 9712
be due.9713

       (F)(1) The form of the ballot to be used at the election 9714
shall be substantially either of the following, as applicable:9715

       (a) "Shall bonds be issued by the ............ (name of 9716
subdivision) for the purpose of ........... (purpose of the bond 9717
issue) in the principal amount of .......... (principal amount of 9718
the bond issue), to be repaid annually over a maximum period of 9719
.......... (the maximum number of years over which the principal 9720
of the bonds may be paid) years, and an annual levy of property 9721
taxes be made outside the .......... (as applicable, "ten-mill" or 9722
"...charter tax") limitation, estimated by the county auditor to 9723
average over the repayment period of the bond issue .......... 9724
(number of mills) mills for each one dollar of tax valuation, 9725
which amounts to .......... (rate expressed in cents or dollars 9726
and cents, such as "36 cents" or "$1.41") for each one hundred 9727
dollars of tax valuation, commencing in .......... (first year the 9728
tax will be levied), first due in calendar year .......... (first 9729
calendar year in which the tax shall be due), to pay the annual 9730
debt charges on the bonds, and to pay debt charges on any notes 9731
issued in anticipation of those bonds?9732

         9733

  For the bond issue 9734
  Against the bond issue   " 9735

         9736

       (b) In the case of an election held pursuant to legislation 9737
adopted under section 3375.43 or 3375.431 of the Revised Code:9738

       "Shall bonds be issued for .......... (name of library) for 9739
the purpose of .......... (purpose of the bond issue), in the 9740
principal amount of .......... (amount of the bond issue) by 9741
.......... (the name of the subdivision that is to issue the bonds 9742
and levy the tax) as the issuer of the bonds, to be repaid 9743
annually over a maximum period of .......... (the maximum number 9744
of years over which the principal of the bonds may be paid) years, 9745
and an annual levy of property taxes be made outside the ten-mill 9746
limitation, estimated by the county auditor to average over the 9747
repayment period of the bond issue .......... (number of mills) 9748
mills for each one dollar of tax valuation, which amounts to 9749
.......... (rate expressed in cents or dollars and cents, such as 9750
"36 cents" or "$1.41") for each one hundred dollars of tax 9751
valuation, commencing in .......... (first year the tax will be 9752
levied), first due in calendar year .......... (first calendar 9753
year in which the tax shall be due), to pay the annual debt 9754
charges on the bonds, and to pay debt charges on any notes issued 9755
in anticipation of those bonds?9756

         9757

  For the bond issue 9758
  Against the bond issue   " 9759

         9760

       (2) The purpose for which the bonds are to be issued shall be 9761
printed in the space indicated, in boldface type.9762

       (G) The board of elections shall promptly certify the results 9763
of the election to the tax commissioner, the county auditor of 9764
each county in which any part of the subdivision is located, and 9765
the fiscal officer of the subdivision. The election, including the 9766
proceedings for and result of the election, is incontestable other 9767
than in a contest filed under section 3515.09 of the Revised Code 9768
in which the plaintiff prevails.9769

       (H) If a majority of the electors voting upon the question 9770
vote for it, the taxing authority of the subdivision may proceed 9771
under sections 133.21 to 133.33 of the Revised Code with the 9772
issuance of the securities and with the levy and collection of a 9773
property tax outside the tax limitation during the period the 9774
securities are outstanding sufficient in amount to pay the debt 9775
charges on the securities, including debt charges on any 9776
anticipatory securities required to be paid from that tax. If 9777
legislation passed under section 133.22 or 133.23 of the Revised 9778
Code authorizing those securities is filed with the county auditor 9779
on or before the last day of November, the amount of the voted 9780
property tax levy required to pay debt charges or estimated debt 9781
charges on the securities payable in the following year shall if 9782
requested by the taxing authority be included in the taxes levied 9783
for collection in the following year under section 319.30 of the 9784
Revised Code.9785

       (I)(1) If, before any securities authorized at an election 9786
under this section are issued, the net indebtedness of the 9787
subdivision exceeds that applicable to that subdivision or those 9788
securities, then and so long as that is the case none of the 9789
securities may be issued.9790

       (2) No securities authorized at an election under this 9791
section may be initially issued after the first day of the sixth 9792
January following the election, but this period of limitation 9793
shall not run for any time during which any part of the permanent 9794
improvement for which the securities have been authorized, or the 9795
issuing or validity of any part of the securities issued or to be 9796
issued, or the related proceedings, is involved or questioned 9797
before a court or a commission or other tribunal, administrative 9798
agency, or board.9799

       (3) Securities representing a portion of the amount 9800
authorized at an election that are issued within the applicable 9801
limitation on net indebtedness are valid and in no manner affected 9802
by the fact that the balance of the securities authorized cannot 9803
be issued by reason of the net indebtedness limitation or lapse of 9804
time.9805

       (4) Nothing in this division (I) shall be interpreted or 9806
applied to prevent the issuance of securities in an amount to fund 9807
or refund anticipatory securities lawfully issued.9808

       (5) The limitations of divisions (I)(1) and (2) of this 9809
section do not apply to any securities authorized at an election 9810
under this section if at least ten per cent of the principal 9811
amount of the securities, including anticipatory securities, 9812
authorized has theretofore been issued, or if the securities are 9813
to be issued for the purpose of participating in any federally or 9814
state-assisted program.9815

       (6) The certificate of the fiscal officer of the subdivision 9816
is conclusive proof of the facts referred to in this division.9817

       Sec. 133.20.  (A) This section applies to bonds that are 9818
general obligation Chapter 133. securities. If the bonds are 9819
payable as to principal by provision for annual installments, the 9820
period of limitations on their last maturity, referred to as their 9821
maximum maturity, shall be measured from a date twelve months 9822
prior to the first date on which provision for payment of 9823
principal is made. If the bonds are payable as to principal by 9824
provision for semiannual installments, the period of limitations 9825
on their last maturity shall be measured from a date six months 9826
prior to the first date on which provision for payment of 9827
principal is made.9828

       (B) Bonds issued for the following permanent improvements or 9829
for permanent improvements for the following purposes shall have 9830
maximum maturities not exceeding the number of years stated:9831

       (1) Fifty years:9832

       (a) The clearance and preparation of real property for 9833
redevelopment as an urban redevelopment project;9834

       (b) Acquiring, constructing, widening, relocating, enlarging, 9835
extending, and improving a publicly owned railroad or line of 9836
railway or a light or heavy rail rapid transit system, including 9837
related bridges, overpasses, underpasses, and tunnels, but not 9838
including rolling stock or equipment;9839

       (c) Pursuant to section 307.675 of the Revised Code, 9840
constructing or repairing a bridge using long life expectancy 9841
material for the bridge deck, and purchasing, installing, and 9842
maintaining any performance equipment to monitor the physical 9843
condition of a bridge so constructed or repaired. Additionally, 9844
the average maturity of the bonds shall not exceed the expected 9845
useful life of the bridge deck as determined by the county 9846
engineer under that section.9847

       (2) Forty years:9848

       (a) General waterworks or water system permanent 9849
improvements, including buildings, water mains, or other 9850
structures and facilities in connection therewith;9851

       (b) Sewers or sewage treatment or disposal works or 9852
facilities, including fireproof buildings or other structures in 9853
connection therewith;9854

       (c) Storm water drainage, surface water, and flood prevention 9855
facilities.9856

       (3) Thirty-five years:9857

       (a) An arena, a convention center, or a combination of an 9858
arena and convention center under section 307.695 of the Revised 9859
Code;9860

        (b) Sports facilities.9861

       (4) Thirty years:9862

       (a) Municipal recreation, excluding recreational equipment;9863

       (b) Urban redevelopment projects;9864

       (c) Acquisition of real property, except as provided in 9865
division (F) of this section;9866

       (d) Street or alley lighting purposes or relocating overhead 9867
wires, cables, and appurtenant equipment underground.9868

       (5) Twenty years: constructing, reconstructing, widening, 9869
opening, improving, grading, draining, paving, extending, or 9870
changing the line of roads, highways, expressways, freeways, 9871
streets, sidewalks, alleys, or curbs and gutters, and related 9872
bridges, viaducts, overpasses, underpasses, grade crossing 9873
eliminations, service and access highways, and tunnels.9874

       (6) Fifteen years:9875

       (a) Resurfacing roads, highways, streets, or alleys;9876

       (b) Alarm, telegraph, or other communications systems for 9877
police or fire departments or other emergency services;9878

       (c) Passenger buses used for mass transportation;9879

       (d) Energy conservation measures as authorized by section 9880
133.06 of the Revised Code.9881

       (7) Ten years:9882

       (a) Water meters;9883

       (b) Fire department apparatus and equipment;9884

       (c) Road rollers and other road construction and servicing 9885
vehicles;9886

       (d) Furniture, equipment, and furnishings;9887

       (e) Landscape planting and other site improvements;9888

       (f) Playground, athletic, and recreational equipment and 9889
apparatus;9890

       (g) Energy conservation measures as authorized by section 9891
505.264 of the Revised Code.9892

       (8) Five years: New motor vehicles other than those described 9893
in any other division of this section and those for which 9894
provision is made in other provisions of the Revised Code.9895

       (C) Bonds issued for any permanent improvements not within 9896
the categories set forth in division (B) of this section shall 9897
have maximum maturities of from five to thirty years as the fiscal 9898
officer estimates is the estimated life or period of usefulness of 9899
those permanent improvements. Bonds issued under section 133.51 of 9900
the Revised Code for purposes other than permanent improvements 9901
shall have the maturities, not to exceed forty years, that the 9902
taxing authority shall specify. Bonds issued for energy 9903
conservation measures under section 307.041 of the Revised Code 9904
shall have maximum maturities not exceeding the lesser of the 9905
average life of the energy conservation measures as detailed in 9906
the energy conservation report prepared under that section or 9907
thirty years.9908

       (D) Securities issued under section 505.265 of the Revised 9909
Code shall mature not later than December 31, 2035.9910

       (E) A securities issue for one purpose may include permanent 9911
improvements within two or more categories under divisions (B) and 9912
(C) of this section. The maximum maturity of such a bond issue 9913
shall not exceed the average number of years of life or period of 9914
usefulness of the permanent improvements as measured by the 9915
weighted average of the amounts expended or proposed to be 9916
expended for the categories of permanent improvements.9917

       (F) Securities issued by a school district or county to 9918
acquire or construct real property shall have a maximum maturity 9919
longer than thirty years, but not longer than forty years, if the 9920
school district's fiscal officer of the school district or county9921
estimates the real property's useful life to be longer than thirty 9922
years, and certifies that estimate to the board of education or 9923
board of county commissioners, respectively.9924

       Sec. 133.55.  Before adopting any reassessment provided for 9925
in section 133.54 of the Revised Code, the fiscal officer shall 9926
prepare and file for public inspection a list containing the names 9927
of the owners, a tax duplicate description of each parcel of land 9928
on which the reassessment will be levied, and the total amount to 9929
be reassessed, separately stated as to each parcel, and the taxing 9930
authority shall publish notice for two consecutive weeks in a 9931
newspaper of general circulation in the political subdivision, or 9932
as provided in section 7.16 of the Revised Code, that such 9933
reassessment has been prepared by the fiscal officer and that it 9934
is on file in histhe fiscal officer's office for the inspection 9935
and examination of the persons interested therein. Sections 9936
727.13, 727.15, and 727.16 of the Revised Code do not apply to any 9937
such assessments, but any person may file objections in writing 9938
with the fiscal officer within one week after the expiration of 9939
such notice and the taxing authority shall hear and determine any 9940
such objections at its next meeting. Such objections shall be 9941
limited solely to matters of description of parcels and owners and 9942
of computations of amounts, and no matters concluded by any 9943
proceedings on the original assessments shall form the basis for 9944
any such objections. When the reassessment list is confirmed by 9945
the taxing authority, it shall be complete and final and shall be 9946
recorded in the office of the fiscal officer.9947

       Sec. 135.05.  Each governing board shall, at least three 9948
weeks prior to the date when it is required by section 135.12 of 9949
the Revised Code to designate public depositories, by resolution, 9950
estimate the aggregate maximum amount of public moneys subject to 9951
its control to be awarded and be on deposit as inactive deposits. 9952
The state board of deposit shall cause a copy of such resolution, 9953
together with a notice of the date on which the meeting of the 9954
board for the designation of such depositories will be held and 9955
the period for which such inactive deposits will be awarded, to be 9956
published once a week for two consecutive weeks in two newspapers 9957
of general circulation in each of the three most populous 9958
counties. The governing board of each subdivision shall cause a 9959
copy of such resolution, together with a notice of the date on 9960
which the meeting of the board for the designation of such 9961
depositories will be held and the period for which such inactive 9962
deposits will be awarded, to be published once a week for two 9963
consecutive weeks in two newspapersa newspaper of opposite 9964
politics and of general circulation in the county or as provided 9965
in section 7.16 of the Revised Code. If a subdivision is located 9966
in more than one county, such publication shall be made in 9967
newspapers publisheda newspaper of general circulation in the 9968
county in which the major part of such subdivision is located, and 9969
of general circulation in the subdivision. A written notice 9970
stating the aggregate maximum amount to be awarded as inactive 9971
deposits of the subdivision shall be given to each eligible 9972
depository by the governing board at the time the first 9973
publication is made in the newspapersnewspaper.9974

       All deposits of the public moneys of the state or any 9975
subdivision made during the period covered by the designation in 9976
excess of the aggregate amount so estimated shall be active 9977
deposits or interim deposits. Inactive, interim, and active 9978
deposits shall be separately awarded, made, and administered as 9979
provided by sections 135.01 to 135.21, inclusive, of the Revised 9980
Code.9981

       Sec. 135.61.  As used in sections 135.61 to 135.67 of the 9982
Revised Code:9983

       (A) "Eligible small business" means any person, including, 9984
but not limited to a person engaged in agriculture, that has all 9985
of the following characteristics:9986

       (1) Is headquartered in this state;9987

       (2) Maintains offices and operating facilities exclusively in 9988
this state and transacts business in this state;9989

       (3) Employs fewer than one hundred fifty employees, the 9990
majority of whom are residents of this state;9991

       (4) Is organized for profit.9992

       (B) "Eligible lending institution" means a financial 9993
institution that is eligible to make commercial loans, is a public 9994
depository of state funds under section 135.03 of the Revised 9995
Code, and agrees to participate in the linked deposit program.9996

       (C) "Linked deposit" means a certificate of deposit or other 9997
financial institution instrument placed by the treasurer of state 9998
with an eligible lending institution at a rate below current 9999
market rates, as determined and calculated by the treasurer of 10000
state, provided the institution agrees to lend the value of such 10001
deposit, according to the deposit agreement provided in division 10002
(C) of section 135.65 of the Revised Code, to eligible small 10003
businesses at a rate that reflects an equal percentage rate 10004
reduction below the present borrowing rate applicable to each 10005
specific business at the time of the deposit of state funds in the 10006
institution.10007

       (D) "Other financial institution instrument" has the same 10008
meaning as in section 135.81 of the Revised Code.10009

       Sec. 135.65.  (A) The treasurer of state may accept or reject 10010
a linked deposit loan package or any portion thereof, based on the 10011
treasurer's evaluation of the eligible small businesses included 10012
in the package and the amount of state funds to be deposited. When 10013
evaluating the eligible small businesses, the treasurer shall give 10014
priority to the economic needs of the area where the business is 10015
located and the ratio of state funds to be deposited to jobs 10016
sustained or created and shall also consider any reports, 10017
statements, or plans applicable to the business, the overall 10018
financial need of the business, and such other factors as the 10019
treasurer considers appropriate.10020

       (B) Upon acceptance of the linked deposit loan package or any 10021
portion thereof, the treasurer of state may place certificates of 10022
deposit or other financial institution instruments with the 10023
eligible lending institution at a rate below current market rates, 10024
as determined and calculated by the treasurer of state. When 10025
necessary, the treasurer may place certificates of deposit or 10026
other financial institution instruments prior to acceptance of a 10027
linked deposit loan package.10028

       (C) The eligible lending institution shall enter into a 10029
deposit agreement with the treasurer of state, which shall include 10030
requirements necessary to carry out the purposes of sections 10031
135.61 to 135.67 of the Revised Code. Such requirements shall 10032
reflect the market conditions prevailing in the eligible lending 10033
institution's lending area. The agreement may include a 10034
specification of the period of time in which the lending 10035
institution is to lend funds upon the placement of a linked 10036
deposit, and shall include provisions for the certificates of 10037
deposit or other financial institution instruments to be placed 10038
for any maturity considered appropriate by the treasurer of state 10039
not to exceed two years, and may be renewed for up to an 10040
additional two years at the option of the treasurer. Interest 10041
shall be paid at the times determined by the treasurer of state.10042

       (D) Eligible lending institutions shall comply fully with 10043
Chapter 135. of the Revised Code.10044

       Sec. 135.66.  (A) Upon the placement of a linked deposit with 10045
an eligible lending institution, such institution is required to 10046
lend such funds to each approved eligible small business listed in 10047
the linked deposit loan package required by division (D) of 10048
section 135.64 of the Revised Code and in accordance with the 10049
deposit agreement required by division (C) of section 135.65 of 10050
the Revised Code. The loan shall be at a rate that reflects a 10051
percentage rate reduction below the present borrowing rate 10052
applicable to each business that is equal to the percentage rate 10053
reduction below market rates at which the certificatecertificates10054
of depositsdeposit or other financial institution instruments10055
that constitute the linked deposit were placed. A certification of 10056
compliance with this section in the form and manner as prescribed 10057
by the treasurer of state shall be required of the eligible 10058
lending institution.10059

       (B) The treasurer of state shall take any and all steps 10060
necessary to implement the linked deposit program and monitor 10061
compliance of eligible lending institutions and eligible small 10062
businesses, including the development of guidelines as necessary. 10063
The treasurer of state and the department of development shall 10064
notify each other at least quarterly of the names of the 10065
businesses receiving financial assistance from their respective 10066
programs.10067

       Annually, by the first day of February, the treasurer of 10068
state shall report on the linked deposits program for the 10069
preceding calendar year to the governor, the speaker of the house 10070
of representatives, and the president of the senate. The speaker 10071
of the house shall transmit copies of this report to the 10072
chairpersons of the standing committees in the house which 10073
customarily consider legislation regarding agriculture and small 10074
business, and the president of the senate shall transmit copies of 10075
this report to the chairpersons of the standing committees in the 10076
senate which customarily consider legislation regarding 10077
agriculture and small business. The report shall set forth the 10078
linked deposits made by the treasurer of state under the program 10079
during the year and shall include information regarding the 10080
nature, terms, and amounts of the loans upon which the linked 10081
deposits were based and the eligible small businesses to which the 10082
loans were made.10083

       Sec. 145.27.  (A)(1) As used in this division, "personal 10084
history record" means information maintained by the public 10085
employees retirement board on an individual who is a member, 10086
former member, contributor, former contributor, retirant, or 10087
beneficiary that includes the address, telephone number, social 10088
security number, record of contributions, correspondence with the 10089
public employees retirement system, or other information the board 10090
determines to be confidential.10091

       (2) The records of the board shall be open to public 10092
inspection, except that the following shall be excluded, except 10093
with the written authorization of the individual concerned:10094

       (a) The individual's statement of previous service and other 10095
information as provided for in section 145.16 of the Revised Code;10096

       (b) The amount of a monthly allowance or benefit paid to the 10097
individual;10098

       (c) The individual's personal history record.10099

       (B) All medical reports and recommendations required by this 10100
chapter are privileged, except that copies of such medical reports 10101
or recommendations shall be made available to the personal 10102
physician, attorney, or authorized agent of the individual 10103
concerned upon written release from the individual or the 10104
individual's agent, or when necessary for the proper 10105
administration of the fund, to the board assigned physician.10106

       (C) Any person who is a member or contributor of the system 10107
shall be furnished with a statement of the amount to the credit of 10108
the individual's account upon written request. The board is not 10109
required to answer more than one such request of a person in any 10110
one year. The board may issue annual statements of accounts to 10111
members and contributors.10112

       (D) Notwithstanding the exceptions to public inspection in 10113
division (A)(2) of this section, the board may furnish the 10114
following information:10115

       (1) If a member, former member, contributor, former 10116
contributor, or retirant is subject to an order issued under 10117
section 2907.15 of the Revised Code or an order issued under 10118
division (A) or (B) of section 2929.192 of the Revised Code or is 10119
convicted of or pleads guilty to a violation of section 2921.41 of 10120
the Revised Code, on written request of a prosecutor as defined in 10121
section 2935.01 of the Revised Code, the board shall furnish to 10122
the prosecutor the information requested from the individual's 10123
personal history record.10124

       (2) Pursuant to a court or administrative order issued 10125
pursuant to Chapter 3119., 3121., 3123., or 3125. of the Revised 10126
Code, the board shall furnish to a court or child support 10127
enforcement agency the information required under that section.10128

       (3) At the written request of any person, the board shall 10129
provide to the person a list of the names and addresses of 10130
members, former members, contributors, former contributors, 10131
retirants, or beneficiaries. The costs of compiling, copying, and 10132
mailing the list shall be paid by such person.10133

       (4) Within fourteen days after receiving from the director of 10134
job and family services a list of the names and social security 10135
numbers of recipients of public assistance pursuant to section 10136
5101.181 of the Revised Code, the board shall inform the auditor 10137
of state of the name, current or most recent employer address, and 10138
social security number of each member whose name and social 10139
security number are the same as that of a person whose name or 10140
social security number was submitted by the director. The board 10141
and its employees shall, except for purposes of furnishing the 10142
auditor of state with information required by this section, 10143
preserve the confidentiality of recipients of public assistance in 10144
compliance with division (A) of section 5101.181 of the Revised 10145
Code.10146

       (5) The system shall comply with orders issued under section 10147
3105.87 of the Revised Code.10148

       On the written request of an alternate payee, as defined in 10149
section 3105.80 of the Revised Code, the system shall furnish to 10150
the alternate payee information on the amount and status of any 10151
amounts payable to the alternate payee under an order issued under 10152
section 3105.171 or 3105.65 of the Revised Code.10153

       (6) At the request of any person, the board shall make 10154
available to the person copies of all documents, including 10155
resumes, in the board's possession regarding filling a vacancy of 10156
an employee member or retirant member of the board. The person who 10157
made the request shall pay the cost of compiling, copying, and 10158
mailing the documents. The information described in division 10159
(D)(6) of this section is a public record.10160

       (E) A statement that contains information obtained from the 10161
system's records that is signed by the executive director or an 10162
officer of the system and to which the system's official seal is 10163
affixed, or copies of the system's records to which the signature 10164
and seal are attached, shall be received as true copies of the 10165
system's records in any court or before any officer of this state.10166

       Sec. 149.01.  Each elective state officer, the adjutant 10167
general, the adult parole authority, the department of 10168
agriculture, the director of administrative services, the public 10169
utilities commission, the superintendent of insurance, the 10170
superintendent of financial institutions, the superintendent of 10171
purchases and printing, the state commissioner of soldiers' 10172
claims, the fire marshal, the industrial commission, the 10173
administrator of workers' compensation, the state department of 10174
transportation, the department of health, the state medical board, 10175
the state dental board, the board of embalmers and funeral 10176
directors, the Ohio commission for the blind, the accountancy 10177
board of Ohio, the state council of uniform state laws, the board 10178
of commissioners of the sinking fund, the department of taxation, 10179
the board of tax appeals, the clerk of the supreme court, the 10180
division of liquor control, the director of state armories, the 10181
trustees of the Ohio state university, and every private or 10182
quasi-public institution, association, board, or corporation 10183
receiving state money for its use and purpose shall make annually, 10184
at the end of each fiscal year, in quadruplicate, a report of the 10185
transactions and proceedings of that office or department for that 10186
fiscal year, excepting receipts and disbursements unless otherwise 10187
specifically required by law. The report shall contain a summary 10188
of the official acts of the officer, board, council, commission, 10189
institution, association, or corporation and any suggestions and 10190
recommendations that are proper. On the first day of August of 10191
each year, one of the reports shall be filed with the governor, 10192
one with the secretary of state, and one with the state library, 10193
and one shall be kept on file in the office of the officer, board, 10194
council, commission, institution, association, or corporation.10195

       Sec. 149.091.  (A) Except as otherwise provided in division 10196
(C) of this section, theThe secretary of state shall compile, 10197
publish, and distribute the session laws either annually or 10198
biennially in a paper or electronic format a maximum of nine 10199
hundred copies of the session laws. The annual or biennial 10200
publication shall contain all enrolled acts and joint resolutions. 10201
The secretary of state shall cause to be printed with each 10202
compilation of enrolled acts and joint resolutions distributed, a 10203
subject index, a table indicating Revised Code sections affected, 10204
and the secretary of state's certificate that the laws, as 10205
compiled and distributed, are true copies of the original enrolled 10206
acts or joint resolutions in the secretary of state's office.10207

       (B)(1) The secretary of state shallmay distribute the10208
compilationspaper or electronic format of the session laws in10209
free of charge to the following mannerpersons or entities:10210

       (1) One shall be forwarded to each(a) Each county auditor.10211

       (2) One shall be forwarded to each(b) Each county law 10212
library.10213

       (3) Two hundred may be distributed, free of charge, to(c) 10214
Other public officials upon request of the public official.10215

       (4) Remaining compilations may be sold by the secretary of 10216
state at a price that shall not exceed the actual cost of 10217
publication and distribution.10218

       (B) Notwithstanding division (C) of this section, the 10219
secretary of state shall compile, publish, and distribute, either 10220
annually or biennially, in permanently bound volumes, a minimum of 10221
twenty-five copies of the session laws. The annual or biennial 10222
volumes shall contain copies of all enrolled acts and joint 10223
resolutions. The secretary of state shall cause to be printed with 10224
each volume of enrolled acts and joint resolutions distributed a 10225
subject index, a table indicating Revised Code sections affected, 10226
and the secretary of state's certificate that the laws so 10227
assembled are true copies of the original enrolled acts or joint 10228
resolutions in the secretary of state's office.10229

       (2) The secretary of state shall distribute the permanently 10230
bound volumespaper or electronic format of the session laws in10231
free of charge to the following mannerpersons or entities:10232

       (1) Five copies shall be forwarded to the(a) The clerk of 10233
the house of representatives.10234

       (2) Five copies shall be forwarded to the(b) The clerk of 10235
the senate.10236

       (3) Five copies shall be forwarded to the(c) The legislative 10237
service commission.10238

       (4) Two copies shall be forwarded to the(d) The Ohio supreme 10239
court.10240

       (5) Two copies shall be forwarded to the(e) The document10241
division of the library of congress.10242

       (6) Two copies shall be forwarded to the(f) The state 10243
library.10244

       (7) Two copies shall be forwarded to the(g) The Ohio 10245
historical society.10246

       (8) Two copies shall be retained by theThe secretary of 10247
state shall retain a paper or electronic format of the session 10248
laws.10249

       (C) The secretary of state annually or biennially may 10250
compile, publish, and distribute the session laws in an electronic 10251
format instead of compiling and publishing the session laws as 10252
provided in division (A) of this section. If the secretary of 10253
state compiles and publishes the session laws in an electronic 10254
format, the following apply:10255

       (1) The session laws in electronic format shall include 10256
copies of all enrolled acts and joint resolutions and shall 10257
contain a subject index and a table indicating Revised Code 10258
sections affected.10259

       (2) Each compilation of the session laws in electronic format 10260
shall include the secretary of state's certificate that the laws 10261
so compiled and published are true copies of the original enrolled 10262
acts and joint resolutions in the secretary of state's office.10263

       (3) The session laws may be distributed in an electronic 10264
format to public officials free of charge.10265

       (4) The session laws may be sold in ana paper or electronic 10266
format to individuals or entities not specified in division (A) or10267
(B) of this section. The price shall not exceed the actual cost of 10268
producing and distributing the session laws in ana paper or10269
electronic format.10270

       Sec. 149.11.  Any department, division, bureau, board, or 10271
commission of the state government issuing a report, pamphlet, 10272
document, or other publication intended for general public use and 10273
distribution, which publication is reproduced by duplicating 10274
processes such as mimeograph, multigraph, planograph, rotaprint, 10275
or multilith, or printed internally or through a contract awarded 10276
to any person, company, or the state printing division of the 10277
department of administrative services, shall cause to be delivered 10278
to the state library one hundred copies of the publication, 10279
subject to the provisions of section 125.42 of the Revised Code.10280

       The state library board shall distribute the publications so 10281
received as follows:10282

       (A) Retain two copies in the state library;10283

       (B) Send two copies to the document division of the library 10284
of congress;10285

       (C) Send one copy to the Ohio historical society and to each 10286
public or college library in the state designated by the state 10287
library board to be a depository for state publications. In 10288
designating which libraries shall be depositories, the board shall 10289
select those libraries that can best preserve those publications 10290
and that are so located geographically as will make the 10291
publications conveniently accessible to residents in all areas of 10292
the state.10293

       (D) Send one copy to each state in exchange for like 10294
publications of that state.10295

       The provisions of this section shalldo not apply to any 10296
publication of the general assembly or to the publications 10297
described in sections 149.07, 149.08, 149.091, and 149.17 of the 10298
Revised Code, except that the secretary of state shall forward to 10299
the document division of the library of congress two copies of all 10300
journals, two copies of the session laws in bound form as provided 10301
for in section 149.091 of the Revised Code, and two copies of all 10302
appropriation laws in separate form.10303

       Sec. 149.308. There is hereby created in the state treasury 10304
the Ohio historical society income tax contribution fund, which 10305
shall consist of money contributed to it under section 5747.113 of 10306
the Revised Code for taxable years beginning on or after January 10307
1, 2011, and of contributions made directly to it. Any person may 10308
contribute directly to the fund in addition to or independently of 10309
the income tax refund contribution system established in section 10310
5747.113 of the Revised Code.10311

        The Ohio historical society shall use money credited to the 10312
fund in furtherance of the public functions with which the society 10313
is charged under section 149.30 of the Revised Code.10314

       Sec. 149.311.  (A) As used in this section:10315

       (1) "Historic building" means a building, including its 10316
structural components, that is located in this state and that is 10317
either individually listed on the national register of historic 10318
places under 16 U.S.C. 470a, located in a registered historic 10319
district, and certified by the state historic preservation officer 10320
as being of historic significance to the district, or is 10321
individually listed as a historic landmark designated by a local 10322
government certified under 16 U.S.C. 470a(c).10323

       (2) "Qualified rehabilitation expenditures" means 10324
expenditures paid or incurred during the rehabilitation period, 10325
and before and after that period as determined under 26 U.S.C. 47, 10326
by an owner of a historic building to rehabilitate the building. 10327
"Qualified rehabilitation expenditures" includes architectural or 10328
engineering fees paid or incurred in connection with the 10329
rehabilitation, and expenses incurred in the preparation of 10330
nomination forms for listing on the national register of historic 10331
places. "Qualified rehabilitation expenditures" does not include 10332
any of the following:10333

       (a) The cost of acquiring, expanding, or enlarging a historic 10334
building;10335

       (b) Expenditures attributable to work done to facilities 10336
related to the building, such as parking lots, sidewalks, and 10337
landscaping;10338

       (c) New building construction costs.10339

       (3) "Owner" of a historic building means a person holding the 10340
fee simple interest in the building. "Owner" does not include the 10341
state or a state agency, or any political subdivision as defined 10342
in section 9.23 of the Revised Code.10343

       (4) "Certificate owner" means the owner of a historic 10344
building to which a rehabilitation tax credit certificate was 10345
issued under this section.10346

       (5) "Registered historic district" means a historic district 10347
listed in the national register of historic places under 16 U.S.C. 10348
470a, a historic district designated by a local government 10349
certified under 16 U.S.C. 470a(c), or a local historic district 10350
certified under 36 C.F.R. 67.8 and 67.9.10351

       (6) "Rehabilitation" means the process of repairing or 10352
altering a historic building or buildings, making possible an 10353
efficient use while preserving those portions and features of the 10354
building and its site and environment that are significant to its 10355
historic, architectural, and cultural values.10356

       (7) "Rehabilitation period" means one of the following:10357

       (a) If the rehabilitation initially was not planned to be 10358
completed in stages, a period chosen by the owner not to exceed 10359
twenty-four months during which rehabilitation occurs;10360

       (b) If the rehabilitation initially was planned to be 10361
completed in stages, a period chosen by the owner not to exceed 10362
sixty months during which rehabilitation occurs.10363

       (8) "State historic preservation officer" or "officer" means 10364
the state historic preservation officer appointed by the governor 10365
under 16 U.S.C. 470a.10366

       (9) "Application period" means any of the following time 10367
periods for which an application for a rehabilitation tax credit 10368
certificate may be filed under this section:10369

       (a) July 1, 2007, through June 30, 2008;10370

       (b) July 1, 2009, through June 30, 2010;10371

       (c) July 1, 2010, through June 30, 2011.10372

       (B) For any application period, theThe owner of a historic 10373
building may apply to the state historic preservation officer for 10374
a rehabilitation tax credit certificate for qualified 10375
rehabilitation expenditures paid or incurred after April 4, 2007, 10376
for rehabilitation of a historic building. The form and manner of 10377
filing such applications shall be prescribed by rule of the 10378
director of development, and, except as otherwise provided in 10379
division (D) of this section, applications expire at the end of 10380
each application period. Each application shall state the amount 10381
of qualified rehabilitation expenditures the applicant estimates 10382
will be paid or incurred. The director may require applicants to 10383
furnish documentation of such estimates.10384

       The director, after consultation with the tax commissioner 10385
and in accordance with Chapter 119. of the Revised Code, shall 10386
adopt rules that establish all of the following:10387

        (1) Forms and procedures by which applicants may apply for 10388
rehabilitation tax credit certificates;10389

        (2) Criteria for reviewing, evaluating, and approving 10390
applications for certificates within the limitations under 10391
division (D) of this section, criteria for assuring that the 10392
certificates issued encompass a mixture of high and low qualified 10393
rehabilitation expenditures, and criteria for issuing certificates 10394
under division (C)(3)(b) of this section;10395

        (3) Eligibility requirements for obtaining a certificate 10396
under this section;10397

        (4) The form of rehabilitation tax credit certificates;10398

        (5) Reporting requirements and monitoring procedures;10399

        (6) Any other rules necessary to implement and administer 10400
this section.10401

       (C) The state historic preservation officer shall accept 10402
applications and forward them to the director of development, who 10403
shall review the applications and determine whether all of the 10404
following criteria are met:10405

       (1) That the building that is the subject of the application 10406
is a historic building and the applicant is the owner of the 10407
building;10408

       (2) That the rehabilitation will satisfy standards prescribed 10409
by the United States secretary of the interior under 16 U.S.C. 10410
470, et seq., as amended, and 36 C.F.R. 67.7 or a successor to 10411
that section;10412

       (3) That receiving a rehabilitation tax credit certificate 10413
under this section is a major factor in:10414

       (a) The applicant's decision to rehabilitate the historic 10415
building; or10416

       (b) To increase the level of investment in such 10417
rehabilitation.10418

       An applicant shall demonstrate to the satisfaction of the 10419
state historic preservation officer and director of development 10420
that the rehabilitation will satisfy the standards described in 10421
division (C)(2) of this section before the applicant begins the 10422
physical rehabilitation of the historic building.10423

       (D)(1) The director of development may approve an application 10424
and issue a rehabilitation tax credit certificate to an applicant 10425
only if the director determines that the criteria in divisions 10426
(C)(1), (2), and (3) of this section are met. The director shall 10427
consider the potential economic impact and the regional 10428
distributive balance of the credits throughout the state.10429

       (2) A rehabilitation tax credit certificate shall not be 10430
issued before rehabilitation of a historic building is completed 10431
or for an amount greater than the estimated amount furnished by 10432
the applicant on the application for such certificate and approved 10433
by the director. The director shall not approve more than a total 10434
of sixtytwenty-five million dollars of rehabilitation tax credits 10435
for an application periodper fiscal year.10436

       (3) Of the sixty million dollars approved for application 10437
periods July 1, 2009, through June 30, 2010, and July 1, 2010, 10438
through June 30, 2011, forty-five million dollars shall be 10439
reserved in each application period for the award of 10440
rehabilitation tax credit certificates to applicants who, as of 10441
March 1, 2008, had filed completed applications that met the 10442
criteria described in divisions (C)(1), (2), and (3) of this 10443
section, who have not withdrawn the application, and who have not 10444
yet been approved to receive a certificate. If the total amount of 10445
credits awarded for such applications is less than forty-five 10446
million dollars in an application period, the remainder shall be 10447
made available for other qualifying applications for that 10448
application period.10449

       (4) If an applicant whose application is approved for receipt 10450
of a rehabilitation tax credit certificate fails to provide to the 10451
director of development sufficient evidence of reviewable 10452
progress, including a viable financial plan, copies of final 10453
construction drawings, and evidence that the applicant has 10454
obtained all historic approvals within twelve months after the 10455
date the applicant received notification of approval, or if the 10456
applicant fails to provide evidence to the director of development 10457
that the applicant has secured and closed on financing for the 10458
rehabilitation within eighteen months after receiving notification 10459
of approval, the director shall notify the applicant that the 10460
approval has been rescinded. Credits that would have been 10461
available to an applicant whose approval was rescinded shall be 10462
available for other qualified applicants. Nothing in this division 10463
prohibits an applicant whose approval has been rescinded from 10464
submitting a new application for a rehabilitation tax credit 10465
certificate.10466

        (E) Issuance of a certificate represents a finding by the 10467
director of development of the matters described in divisions 10468
(C)(1), (2), and (3) of this section only; issuance of a 10469
certificate does not represent a verification or certification by 10470
the director of the amount of qualified rehabilitation 10471
expenditures for which a tax credit may be claimed under section 10472
5725.151, 5725.34, 5729.17, 5733.47, or 5747.76 of the Revised 10473
Code. The amount of qualified rehabilitation expenditures for 10474
which a tax credit may be claimed is subject to inspection and 10475
examination by the tax commissioner or employees of the 10476
commissioner under section 5703.19 of the Revised Code and any 10477
other applicable law. Upon the issuance of a certificate, the 10478
director shall certify to the tax commissioner, in the form and 10479
manner requested by the tax commissioner, the name of the 10480
applicant, the amount of qualified rehabilitation expenditures 10481
shown on the certificate, and any other information required by 10482
the rules adopted under this section.10483

       (F)(1) On or before the first day of December in 2007, 2008, 10484
2009, 2010, and 2011each year, the director of development and 10485
tax commissioner jointly shall submit to the president of the 10486
senate and the speaker of the house of representatives a report on 10487
the tax credit program established under this section and sections 10488
5725.151, 5725.34, 5729.17, 5733.47, and 5747.76 of the Revised 10489
Code. The report shall present an overview of the program and 10490
shall include information on the number of rehabilitation tax 10491
credit certificates issued under this section during an 10492
application periodthe preceding fiscal year, an update on the 10493
status of each historic building for which an application was 10494
approved under this section, the dollar amount of the tax credits 10495
granted under sections 5725.151, 5725.34, 5729.17, 5733.47, and 10496
5747.76 of the Revised Code, and any other information the 10497
director and commissioner consider relevant to the topics 10498
addressed in the report.10499

        (2) On or before December 1, 2012, the director of 10500
development and tax commissioner jointly shall submit to the 10501
president of the senate and the speaker of the house of 10502
representatives a comprehensive report that includes the 10503
information required by division (F)(1) of this section and a 10504
detailed analysis of the effectiveness of issuing tax credits for 10505
rehabilitating historic buildings. The report shall be prepared 10506
with the assistance of an economic research organization jointly 10507
chosen by the director and commissioner.10508

       Sec. 153.01. (A) Whenever any building or structure for the 10509
use of the state or any institution supported in whole or in part 10510
by the state or in or upon the public works of the state that is 10511
administered by the director of administrative services or by any 10512
other state officer or state agency authorized by law to 10513
administer a project, including an educational institution listed 10514
in section 3345.50 of the Revised Code, is to be erected or 10515
constructed, whenever additions, alterations, or structural or 10516
other improvements are to be made, or whenever heating, cooling, 10517
or ventilating plants or other equipment is to be installed or 10518
material supplied therefor, the aggregateestimated cost of which 10519
amounts to fiftytwo hundred thousand dollars or more, or the 10520
amount determined pursuant to section 153.53 of the Revised Code 10521
or more, each officer, board, or other authority upon which 10522
devolves the duty of constructing, erecting, altering, or 10523
installing the same, referred to in sections 153.01 to 153.60 of 10524
the Revised Code as the ownerpublic authority, shall cause to be 10525
made, by an architect or engineer whose contract of employment 10526
shall be prepared and approved by the attorney general, the 10527
following:10528

       (A)(1) Full and accurate plans, suitable for the use of 10529
mechanics and other builders in the construction, improvement, 10530
addition, alteration, or installation;10531

       (B)(2) Details to scale and full-sized, so drawn and 10532
represented as to be easily understood;10533

       (C) Accurate bills showing the exact quantity of different 10534
kinds of material necessary to the construction;10535

       (D)(3) Definite and complete specifications of the work to be 10536
performed, together with directions that will enable a competent 10537
mechanic or other builder to carry them out and afford bidders all 10538
needful information;10539

       (E)(4) A full and accurate estimate of each item of expense 10540
and the aggregate cost of those items of expense;10541

       (F)(5) A life-cycle cost analysis;10542

       (G)(6) Further data as may be required by the department of 10543
administrative services.10544

       (B) The data described in divisions (A)(1) to (6) of this 10545
section shall not be required with respect to any work to be 10546
performed pursuant to a construction management contract entered 10547
into with a construction manager at risk as described in section 10548
9.334 of the Revised Code or pursuant to a design-build contract 10549
entered into with a design-build firm as described in section 10550
153.693 of the Revised Code.10551

       Sec. 153.02.  (A) The director of administrative services, on 10552
the director's own initiative or upon request of the Ohio school 10553
facilities commission, may debar a contractor from contract awards 10554
for public improvements as referred to in section 153.01 of the 10555
Revised Code or for projects as defined in section 3318.01 of the 10556
Revised Code, upon proof that the contractor has done any of the 10557
following:10558

        (1) Defaulted on a contract requiring the execution of a 10559
takeover agreement as set forth in division (B) of section 153.17 10560
of the Revised Code;10561

        (2) Knowingly failed during the course of a contract to 10562
maintain the coverage required by the bureau of workers' 10563
compensation;10564

        (3) Knowingly failed during the course of a contract to 10565
maintain the contractor's drug-free workplace program as required 10566
by the contract;10567

        (4) Knowingly failed during the course of a contract to 10568
maintain insurance required by the contract or otherwise by law, 10569
resulting in a substantial loss to the owner, as owner is referred 10570
to in section 153.01 of the Revised Code, or to the commission and 10571
school district board, as provided in division (F) of section 10572
3318.08 of the Revised Code;10573

        (5) Misrepresented the firm's qualifications in the selection 10574
process set forth in sections 153.65 to 153.71 or section 3318.1010575
of the Revised Code;10576

        (6) Been convicted of a criminal offense related to the 10577
application for or performance of any public or private contract, 10578
including, but not limited to, embezzlement, theft, forgery, 10579
bribery, falsification or destruction of records, receiving stolen 10580
property, and any other offense that directly reflects on the 10581
contractor's business integrity;10582

        (7) Been convicted of a criminal offense under state or 10583
federal antitrust laws;10584

        (8) Deliberately or willfully submitted false or misleading 10585
information in connection with the application for or performance 10586
of a public contract;10587

        (9) Been debarred from bidding on or participating in a 10588
contract with any state or federal agency.10589

        (B) When the director reasonably believes that grounds for 10590
debarment exist, the director shall send the contractor a notice 10591
of proposed debarment indicating the grounds for the proposed 10592
debarment and the procedure for requesting a hearing on the 10593
proposed debarment. The hearing shall be conducted in accordance 10594
with Chapter 119. of the Revised Code. If the contractor does not 10595
respond with a request for a hearing in the manner specified in 10596
Chapter 119. of the Revised Code, the director shall issue the 10597
debarment decision without a hearing and shall notify the 10598
contractor of the decision by certified mail, return receipt 10599
requested.10600

        (C) The director shall determine the length of the debarment 10601
period and may rescind the debarment at any time upon notification 10602
to the contractor. During the period of debarment, the contractor 10603
is not eligible to bid for or participate in any contract for a 10604
public improvement as referred to in section 153.01 of the Revised 10605
Code or for a project as defined in section 3318.01 of the Revised 10606
Code. After the debarment period expires, the contractor shall be 10607
eligible to bid for and participate in such contracts for a public 10608
improvement as referred to in section 153.01 of the Revised Code.10609

        (D) The director, through the office of the state architect, 10610
shall maintain a list of all contractors currently debarred under 10611
this section. Any governmental entity awarding a contract for 10612
construction of a public improvement or project may use a 10613
contractor's presence on the debarment list to determine whether a 10614
contractor is responsible or best under section 9.312 or any other 10615
section of the Revised Code in the award of a contract.10616

       Sec. 153.03. (A) As used in this section:10617

        (1) "Contracting authority" means any state agency or other 10618
state instrumentality that is authorized to award a public 10619
improvement contract.10620

        (2) "Bidder" means a person who submits a bid to a 10621
contracting authority to perform work under a public improvement 10622
contract.10623

       (3) "Contractor" means any person with whom a contracting 10624
authority has entered into a public improvement contract to 10625
provide labor for a public improvement and includes a construction 10626
manager at risk and a design-build firm.10627

       (4) "Subcontractor" means any person who undertakes to 10628
provide any part of the labor on the site of a public improvement 10629
under a contract with any person other than the contracting 10630
authority, including all such persons in any tier.10631

       (5) "Construction manager" means a person with substantial 10632
discretion and authority to plan, coordinate, manage, and direct 10633
all phases of a project for the construction, demolition, 10634
alteration, repair, or reconstruction of any public building, 10635
structure, or other improvementhas the same meaning as in section 10636
9.33 of the Revised Code.10637

       (6) "Construction manager at risk" has the same meaning as in 10638
section 9.33 of the Revised Code.10639

       (7) "Design-build firm" has the same meaning as in section 10640
153.65 of the Revised Code.10641

       (8) "Labor" means any activity performed by a person that 10642
contributes to the direct installation of a product, component, or 10643
system, or that contributes to the direct removal of a product, 10644
component, or system.10645

       (7)(9) "Public improvement contract" means any contract that 10646
is financed in whole or in part with money appropriated by the 10647
general assembly, or that is financed in any manner by a 10648
contracting authority, and that is awarded by a contracting 10649
authority for the construction, alteration, or repair of any 10650
public building, public highway, or other public improvement.10651

       (8)(10) "State agency" means every organized body, office, or 10652
agency established by the laws of this state for the exercise of 10653
any function of state government.10654

        (B) A contracting authority shall not award a public 10655
improvement contract to a bidder, and a construction manager at 10656
risk or design-build firm shall not award a subcontract, unless 10657
the contract or subcontract contains both of the following:10658

       (1) The statements described in division (E) of this section;10659

       (2) Terms that require the contractor or subcontractor to be 10660
enrolled in and be in good standing in the drug-free workplace 10661
program of the bureau of workers' compensation or a comparable 10662
program approved by the bureau that requires an employer to do all 10663
of the following:10664

       (a) Develop, implement, and provide to all employees a 10665
written substance use policy that conveys full and fair disclosure 10666
of the employer's expectations that no employee be at work with 10667
alcohol or drugs in the employee's system, and specifies the 10668
consequences for violating the policy.10669

       (b) Conduct drug and alcohol tests on employees in accordance 10670
with division (B)(2)(c) of this section and under the following 10671
conditions:10672

       (i) Prior to an individual's employment or during an 10673
employee's probationary period for employment, which shall not 10674
exceed one hundred twenty days after the probationary period 10675
begins;10676

       (ii) At random intervals while an employee provides labor or 10677
onsiteon-site supervision of labor for a public improvement 10678
contract. The employer shall use the neutral selection procedures 10679
required by the United States department of transportation to 10680
determine which employees to test and when to test those 10681
employees.10682

       (iii) After an accident at the site where labor is being 10683
performed pursuant to a public improvement contract. For purposes 10684
of this division, "accident" has the meaning established in rules 10685
the administrator of workers' compensation adopts pursuant to 10686
Chapters 4121. and 4123. of the Revised Code for the bureau's 10687
drug-free workplace program, as those rules exist on the effective 10688
date of this sectionMarch 30, 2007.10689

       (iv) When the employer or a, construction manager, 10690
construction manager at risk, or design-build firm has reasonable 10691
suspicion that prior to an accident an employee may be in 10692
violation of the employer's written substance use policy. For 10693
purposes of this division, "reasonable suspicion" has the meaning 10694
established in rules the administrator adopts pursuant to Chapters 10695
4121. and 4123. of the Revised Code for the bureau's drug-free 10696
workplace program, as those rules exist on the effective date of 10697
this sectionMarch 30, 2007.10698

       (v) Prior to an employee returning to a work site to provide 10699
labor for a public improvement contract after the employee tested 10700
positive for drugs or alcohol, and again after the employee 10701
returns to that site to provide labor under that contract, as 10702
required by either the employer, the construction manager, 10703
construction manager at risk, design-build firm, or conditions in 10704
the contract.10705

       (c) Use the following types of tests when conducting a test 10706
on an employee under the conditions described in division 10707
(B)(2)(b) of this section:10708

        (i) Drug and alcohol testing that uses the federal testing 10709
model that the administrator has incorporated into the bureau's 10710
drug-free workplace program;10711

       (ii) Testing to determine whether the concentration of 10712
alcohol on an employee's breath is equal to or in excess of the 10713
level specified in division (A)(1)(d) or (h) of section 4511.19 of 10714
the Revised Code, which is obtained through an evidentiary breath 10715
test conducted by a breath alcohol technician using breath testing 10716
equipment that meets standards established by the United States 10717
department of transportation, or, if such technician and equipment 10718
are unavailable, a blood test may be used to determine whether the 10719
concentration of alcohol in an employee's blood is equal to or in 10720
excess of the level specified in division (A)(1)(b) or (f) of 10721
section 4511.19 of the Revised Code.10722

       (d) Require all employees to receive at least one hour of 10723
training that increases awareness of and attempts to deter 10724
substance abuse and supplies information about employee assistance 10725
to deal with substance abuse problems, and require all supervisors 10726
to receive one additional hour of training in skill building to 10727
teach a supervisor how to observe and document employee behavior 10728
and intervene when reasonable suspicion exists of substance use;10729

       (e) Require all supervisors and employees to receive the 10730
training described in division (B)(2)(d) of this section before 10731
work for a public improvement contract commences or during the 10732
term of a public improvement contract;10733

       (f) Require that the training described in division (B)(2)(d) 10734
of this section be provided using material prepared by an 10735
individual who has credentials or experience in substance abuse 10736
training;10737

       (g) Assist employees by providing, at a minimum, a list of 10738
community resources from which an employee may obtain help with 10739
substance abuse problems, except that this requirement does not 10740
preclude an employer from having a policy that allows an employer 10741
to terminate an employee's employment the first time the employee 10742
tests positive for drugs or alcohol or if an employee refuses to 10743
be tested for drugs, alcohol, or both.10744

       (C) Any time the United States department of health and human 10745
services changes the federal testing model that the administrator 10746
has incorporated into the bureau's drug-free workplace program in 10747
a manner that allows additional or new products, protocols, 10748
procedures, and standards in the model, the administrator may 10749
adopt rules establishing standards to allow employers to use those 10750
additional or new products, protocols, procedures, or standards to 10751
satisfy the requirements of division (B)(2)(c) of this section, 10752
and the bureau may approve an employer's drug-free workplace 10753
program that meets the administrator's standards and the other 10754
requirements specified in division (B)(2) of this section.10755

       (D) A contracting authority shall ensure that money 10756
appropriated by the general assembly for the contracting 10757
authority's public improvement contract or, in the case of a state 10758
institution of higher education, the institution's financing for 10759
the public improvement contract, is not expended unless the 10760
contractor for that contract is enrolled in and in good standing 10761
in a drug-free workplace program described in division (B) of this 10762
section. Prior to awarding a contract to a bidder, a contracting 10763
authority shall verify that the bidder is enrolled in and in good 10764
standing in such a program.10765

       (E) A contracting authority shall include all of the 10766
following statements in the public improvement contract entered 10767
into between the contracting authority and a contractor for the 10768
public improvement:10769

       (1) "Each contractor shall require all subcontractors with 10770
whom the contractor is in contract for the public improvement to 10771
be enrolled in and be in good standing in the Bureau of Workers' 10772
Compensation's Drug-Free Workplace Program or a comparable program 10773
approved by the Bureau that meets the requirements specified in 10774
section 153.03 of the Revised Code prior to a subcontractor 10775
providing labor at the project site of the public improvement."10776

       (2) "Each subcontractor shall require all lower-tier 10777
subcontractors with whom the subcontractor is in contract for the 10778
public improvement to be enrolled in and be in good standing in 10779
the Bureau of Workers' Compensation's Drug-Free Workplace Program 10780
or a comparable program approved by the Bureau that meets the 10781
requirements specified in section 153.03 of the Revised Code prior 10782
to a lower-tier subcontractor providing labor at the project site 10783
of the public improvement."10784

       (3) "Failure of a contractor to require a subcontractor to be 10785
enrolled in and be in good standing in the Bureau of Workers' 10786
Compensation's Drug-Free Workplace Program or a comparable program 10787
approved by the Bureau that meets the requirements specified in 10788
section 153.03 of the Revised Code prior to the time that the 10789
subcontractor provides labor at the project site will result in 10790
the contractor being found in breach of the contract and that 10791
breach shall be used in the responsibility analysis of that 10792
contractor or the subcontractor who was not enrolled in a program 10793
for future contracts with the state for five years after the date 10794
of the breach."10795

       (4) "Failure of a subcontractor to require a lower-tier 10796
subcontractor to be enrolled in and be in good standing in the 10797
Bureau of Workers' Compensation's Drug-Free Workplace Program or a 10798
comparable program approved by the Bureau that meets the 10799
requirements specified in section 153.03 of the Revised Code prior 10800
to the time that the lower-tier subcontractor provides labor at 10801
the project site will result in the subcontractor being found in 10802
breach of the contract and that breach shall be used in the 10803
responsibility analysis of that subcontractor or the lower-tier 10804
subcontractor who was not enrolled in a program for future 10805
contracts with the state for five years after the date of the 10806
breach."10807

       (F) In the event a construction manager, construction manager 10808
at risk, or design-build firm intends and is authorized to provide 10809
labor for a public improvement contract, a contracting authority 10810
shall verify, prior to awarding a contract for construction 10811
management services or design-build services, that the 10812
construction manager, construction manager at risk, or 10813
design-build firm was enrolled in and in good standing in a 10814
drug-free workplace program described in division (B) of this 10815
section prior to entering into the public improvement contract. 10816
The contracting authority shall not award a contract for 10817
construction manager services to a construction manageror 10818
design-build services if the construction manager, construction 10819
manager at risk, or design-build firm is not enrolled in or in 10820
good standing in such a program.10821

       Sec. 153.07.  The notice provided for in section 153.06 of 10822
the Revised Code shall be published once each week for three 10823
consecutive weeks in a newspaper of general circulation, or as 10824
provided in section 7.16 of the Revised Code, in the county where 10825
the activity for which bids are submitted is to occur and in such 10826
other newspapers as ordered by the department of administrative 10827
services, the last publication to be at least eight days preceding 10828
the day for opening the bids, and in such form and with such 10829
phraseology as the department orders. Copies of the plans, 10830
details, bills of material, estimates of cost, and specifications 10831
shall be open to public inspection at all business hours between 10832
the day of the first publication and the day for opening the bids, 10833
at the office of the department where the bids are received, and 10834
such other place as may be designated in such notice.10835

       Sec. 153.08.  On the day and at the place named in the notice 10836
provided for in section 153.06 of the Revised Code, the owner 10837
referred to in section 153.01 of the Revised Code shall open the 10838
bids and shall publicly, with the assistance of the architect or 10839
engineer, immediately proceed to tabulate the bids upon duplicate 10840
sheets. The public bid opening may be broadcast by electronic 10841
means pursuant to rules established by the director of 10842
administrative services. A bid shall be invalid and not considered 10843
unless a bid guaranty meeting the requirements of section 153.54 10844
of the Revised Code and in the form approved by the department of 10845
administrative services is filed with such bid and unless such. 10846
For a bid that is not filed electronically, the bid and bid 10847
guaranty areshall be filed in one sealed envelope. If the bid 10848
and bid guaranty are filed electronically, they must be received 10849
electronically before the deadline published pursuant to section 10850
153.06 of the Revised Code. For all bids filed electronically, the 10851
original, unaltered bid guaranty shall be made available to the 10852
public authority after the public bid opening. After 10853
investigation, which shall be completed within thirty days, the 10854
contract shall be awarded by such owner to the lowest responsive 10855
and responsible bidder in accordance with section 9.312 of the 10856
Revised Code. 10857

       No contract shall be entered into until the industrial 10858
commission has certified that the person so awarded the contract 10859
has complied with sections 4123.01 to 4123.94 of the Revised Code, 10860
until, if the bidder so awarded the contract is a foreign 10861
corporation, the secretary of state has certified that such 10862
corporation is authorized to do business in this state, until, if 10863
the bidder so awarded the contract is a person nonresident of this 10864
state, such person has filed with the secretary of state a power 10865
of attorney designating the secretary of state as its agent for 10866
the purpose of accepting service of summons in any action brought 10867
under section 153.05 of the Revised Code or under sections 4123.01 10868
to 4123.94 of the Revised Code, and until the contract and bond, 10869
if any, are submitted to the attorney general and the attorney 10870
general's approval certified thereon.10871

       No contract shall be entered into unless the bidder possesses 10872
a valid certificate of compliance with affirmative action programs 10873
issued pursuant to section 9.47 of the Revised Code and dated no 10874
earlier than one hundred eighty days prior to the date fixed for 10875
the opening of bids for a particular project.10876

       Sec. 153.50.  (A) AnAs used in sections 153.50 to 153.52 of 10877
the Revised Code:10878

       (1) "Construction manager at risk" has the same meaning as in 10879
section 9.33 of the Revised Code.10880

       (2) "Design-assist" means monitoring and assisting in the 10881
completion of the plans and specifications.10882

       (3) "Design-assist firm" means a person capable of performing 10883
design-assist.10884

       (4) "Design-build firm" has the same meaning as in section 10885
153.65 of the Revised Code.10886

       (5) "General contracting" means constructing and managing an 10887
entire public improvement project, including the branches or 10888
classes of work specified in division (B) of this section, under 10889
the award of a single aggregate lump sum contract.10890

       (6) "General contracting firm" means a person capable of 10891
performing general contracting.10892

       (B) Except for contracts made with a construction manager at 10893
risk, with a design-build firm, or with a general contracting 10894
firm, an officer, board, or other authority of the state, a 10895
county, township, municipal corporation, or school district, or of 10896
any public institution belonging thereto, authorized to contract 10897
for the erection, repair, alteration, or rebuilding of a public 10898
building, institution, bridge, culvert, or improvement and 10899
required by law to advertise and receive bids for furnishing of 10900
materials and doing the work necessary for the erection thereof, 10901
shall require separate and distinct bids to be made for furnishing 10902
such materials or doing such work, or both, in their discretion, 10903
for each of the following branches or classes of work to be 10904
performed, and all work kindred thereto, entering into the 10905
improvement:10906

       (1) Plumbing and gas fitting;10907

       (2) Steam and hot-water heating, ventilating apparatus, and 10908
steam-power plant;10909

       (3) Electrical equipment.10910

       (B) A public authority is not required to solicit separate 10911
bids for a branch or class of work specified in division (A) of 10912
this section for an improvement if the estimated cost for that 10913
branch or class of work is less than five thousand dollars.10914

       Sec. 153.501. (A) A public authority may accept a subcontract 10915
awarded by a construction manager at risk, a design-build firm, or 10916
a general contracting firm, or may reject any such contract if the 10917
public authority determines that the bidder is not responsible.10918

       (B) A public authority may authorize a construction manager 10919
at risk or design-build firm to utilize a design-assist firm on 10920
any public improvement project.10921

       (C) If the construction manager at risk or design-build firm 10922
intends and is permitted by the public authority to self-perform a 10923
portion of the work to be performed, the construction manager at 10924
risk or design-build firm shall submit a sealed bid for the 10925
portion of the work prior to accepting and opening any bids for 10926
the same work.10927

       Sec. 153.502. The department of administrative services, 10928
pursuant to Chapter 119. of the Revised Code and not later than 10929
June 30, 2012, shall adopt rules to do both of the following:10930

       (A) Prescribe the procedures and criteria for determining the 10931
best value selection of a construction manager at risk or 10932
design-build firm;10933

       (B) Prescribe the form for the contract documents to be used 10934
by a public authority when entering into a contract with a 10935
construction manager at risk or design-build firm. 10936

       Sec. 153.51.  (A) When more than one branch or class of work 10937
specified in division (A) ofIf separate and distinct bids are 10938
required pursuant to section 153.50 of the Revised Code is 10939
required, no contract for the entire job, or for a greater portion 10940
thereof than is embraced in one such branch or class of work shall10941
may be awarded, unless the separate bids do not cover all the work 10942
and materials required or the bids for the whole or for two or 10943
more kinds of work or materials are lower than the separate bids 10944
in the aggregate.10945

       (B)(1) TheIf the public authority referred to in section 10946
153.50 of the Revised Code also may awardawards a single, 10947
aggregate contract for the entire project pursuant to division (A) 10948
of this section. This, the award shall be made to the bidder who 10949
is the lowest responsive and responsible bidder or the lowest and 10950
best bidder, as applicable, as specified in section 153.52 of the 10951
Revised Code.10952

       (2) The public authority referred to in section 153.50 of the 10953
Revised Code may assign all or any portion of its interest in the 10954
contract of the lowest responsive and responsible bidder or the 10955
lowest and best bidder, as applicable, to another successful 10956
bidder as an agreed condition for an award of the contract for the 10957
amount of its respective bid. Such assignment may include, but is 10958
not limited to, the duty to schedule, coordinate, and administer 10959
the contracts.10960

       (C) A public authority referred to in division (A) of section 10961
153.50 of the Revised Code is not required to award separate 10962
contracts for a branch or class of work specified in division (A) 10963
of section 153.50 of the Revised Code entering into an improvement 10964
if the estimated cost for that branch or class of work is less 10965
than five thousand dollars.10966

       Sec. 153.52. TheA contract for general contracting or for10967
doing the work belonging to each separate branch or class of work 10968
specified in division (A)(B) of section 153.50 of the Revised 10969
Code, or for the furnishing of materials therefor, or both, shall 10970
be awarded by the public authority referred to in section 153.50 10971
of the Revised Code, in its discretion, to the lowest responsive 10972
and responsible separate bidder therefor, in accordance with 10973
section 9.312 of the Revised Code in the case of any public 10974
authority of the state or any public institution belonging 10975
thereto, and to the lowest and best separate bidder in the case of 10976
a county, township, or municipal corporation, or school district,10977
or any public institution belonging thereto, and to the lowest 10978
responsive and responsible bidder in the case of a school 10979
district, and shall be made directly with the bidder in the manner 10980
and upon the terms, conditions, and limitations as to giving bond 10981
or bid guaranties as prescribed by law, unless it is let as a 10982
whole, or to bidders for more than one kind of work or materials. 10983
Sections 153.50 to 153.52 of the Revised Code do not apply to the 10984
erection of buildings and other structures which cost less than 10985
fifty thousand dollars.10986

       Sec. 153.53.  (A) As used in this section, "rate of 10987
inflation" has the same meaning as in section 107.032 of the 10988
Revised Code.10989

       (B) Five years after the effective date of this section and 10990
every five years thereafter, the director of administrative 10991
services shall evaluate the monetary threshold specified in 10992
section 153.01 of the Revised Code and adopt rules adjusting that 10993
amount based on the average rate of inflation during each of the 10994
previous five years immediately preceding such adjustment.10995

       Sec. 153.54.  (A) EachExcept with respect to a contract 10996
described in section 9.334 or 153.693 of the Revised Code, each10997
person bidding for a contract with the state or any political 10998
subdivision, district, institution, or other agency thereof, 10999
excluding therefrom the department of transportation, for any 11000
public improvement shall file with the bid, a bid guaranty in the 11001
form of either:11002

       (1) A bond in accordance with division (B) of this section 11003
for the full amount of the bid;11004

       (2) A certified check, cashier's check, or letter of credit 11005
pursuant to Chapter 1305. of the Revised Code, in accordance with 11006
division (C) of this section. Any such letter of credit is 11007
revocable only at the option of the beneficiary state, political 11008
subdivision, district, institution, or agency. The amount of the 11009
certified check, cashier's check, or letter of credit shall be 11010
equal to ten per cent of the bid.11011

       (B) A bid guaranty filed pursuant to division (A)(1) of this 11012
section shall be conditioned to:11013

       (1) Provide that, if the bid is accepted, the bidder, after 11014
the awarding or the recommendation for the award of the contract, 11015
whichever the contracting authority designates, will enter into a 11016
proper contract in accordance with the bid, plans, details, and11017
specifications, and bills of material. If for any reason, other 11018
than as authorized by section 9.31 of the Revised Code or division 11019
(G) of this section, the bidder fails to enter into the contract, 11020
and the contracting authority awards the contract to the next 11021
lowest bidder, the bidder and the surety on the bidder's bond are 11022
liable to the state, political subdivision, district, institution, 11023
or agency for the difference between the bid and that of the next 11024
lowest bidder, or for a penal sum not to exceed ten per cent of 11025
the amount of the bond, whichever is less. If the state, political 11026
subdivision, district, institution, or agency does not award the 11027
contract to the next lowest bidder but resubmits the project for 11028
bidding, the bidder failing to enter into the contract and the 11029
surety on the bidder's bond, except as provided in division (G) of 11030
this section, are liable to the state, political subdivision, 11031
district, institution, or agency for a penal sum not to exceed ten 11032
per cent of the amount of the bid or the costs in connection with 11033
the resubmission of printing new contract documents, required 11034
advertising, and printing and mailing notices to prospective 11035
bidders, whichever is less.11036

       (2) Indemnify the state, political subdivision, district, 11037
institution, or agency against all damage suffered by failure to 11038
perform the contract according to its provisions and in accordance 11039
with the plans, details, and specifications, and bills of material11040
therefor and to pay all lawful claims of subcontractors, material 11041
suppliers, and laborers for labor performed or material furnished 11042
in carrying forward, performing, or completing the contract; and 11043
agree and assent that this undertaking is for the benefit of any 11044
subcontractor, material supplier, or laborer having a just claim, 11045
as well as for the state, political subdivision, district, 11046
institution, or agency.11047

       (C)(1) A bid guaranty filed pursuant to division (A)(2) of 11048
this section shall be conditioned to provide that if the bid is 11049
accepted, the bidder, after the awarding or the recommendation for 11050
the award of the contract, whichever the contracting authority 11051
designates, will enter into a proper contract in accordance with 11052
the bid, plans, details, specifications, and bills of material. If 11053
for any reason, other than as authorized by section 9.31 of the 11054
Revised Code or division (G) of this section, the bidder fails to 11055
enter into the contract, and the contracting authority awards the 11056
contract to the next lowest bidder, the bidder is liable to the 11057
state, political subdivision, district, institution, or agency for 11058
the difference between the bidder's bid and that of the next 11059
lowest bidder, or for a penal sum not to exceed ten per cent of 11060
the amount of the bid, whichever is less. If the state, political 11061
subdivision, district, institution, or agency does not award the 11062
contract to the next lowest bidder but resubmits the project for 11063
bidding, the bidder failing to enter into the contract, except as 11064
provided in division (G) of this section, is liable to the state, 11065
political subdivision, district, institution, or agency for a 11066
penal sum not to exceed ten per cent of the amount of the bid or 11067
the costs in connection with the resubmission, of printing new 11068
contract documents, required advertising, and printing and mailing 11069
notices to prospective bidders, whichever is less.11070

       If the bidder enters into the contract, the bidder, at the 11071
time the contract is entered to, shall file a bond for the amount 11072
of the contract to indemnify the state, political subdivision, 11073
district, institution, or agency against all damage suffered by 11074
failure to perform the contract according to its provisions and in 11075
accordance with the plans, details, and specifications, and bills 11076
of material therefor and to pay all lawful claims of 11077
subcontractors, material suppliers, and laborers for labor 11078
performed or material furnished in carrying forward, performing, 11079
or completing the contract; and agree and assent that this 11080
undertaking is for the benefit of any subcontractor, material 11081
supplier, or laborer having a just claim, as well as for the 11082
state, political subdivision, district, institution, or agency.11083

       (2) A construction manager who enters into a contract 11084
pursuant to sections 9.33 to 9.333 of the Revised Code, if 11085
required by the public ownerauthority at the time the 11086
construction manager enters into the contract, shall file a letter 11087
of credit pursuant to Chapter 1305. of the Revised Code, bond, 11088
certified check, or cashier's check, for the value of the 11089
construction management contract to indemnify the state, political 11090
subdivision, district, institution, or agency against all damage 11091
suffered by the construction manager's failure to perform the 11092
contract according to its provisions, and shall agree and assent 11093
that this undertaking is for the benefit of the state, political 11094
subdivision, district, institution, or agency. A letter of credit 11095
provided by the construction manager is revocable only at the 11096
option of the beneficiary state, political subdivision, district, 11097
institution, or agency.11098

       (D) Where the state, political subdivision, district, 11099
institution, or agency accepts a bid but the bidder fails or 11100
refuses to enter into a proper contract in accordance with the 11101
bid, plans, details, and specifications, and bills of material11102
within ten days after the awarding of the contract, the bidder and 11103
the surety on any bond, except as provided in division (G) of this 11104
section, are liable for the amount of the difference between the 11105
bidder's bid and that of the next lowest bidder, but not in excess 11106
of the liability specified in division (B)(1) or (C) of this 11107
section. Where the state, political subdivision, district, 11108
institution, or agency then awards the bid to such next lowest 11109
bidder and such next lowest bidder also fails or refuses to enter 11110
into a proper contract in accordance with the bid, plans, details, 11111
and specifications, and bills of material within ten days after 11112
the awarding of the contract, the liability of such next lowest 11113
bidder, except as provided in division (G) of this section, is the 11114
amount of the difference between the bids of such next lowest 11115
bidder and the third lowest bidder, but not in excess of the 11116
liability specified in division (B)(1) or (C) of this section. 11117
Liability on account of an award to any lowest bidder beyond the 11118
third lowest bidder shall be determined in like manner.11119

       (E) Notwithstanding division (C) of this section, where the 11120
state, political subdivision, district, institution, or agency 11121
resubmits the project for bidding, each bidder whose bid was 11122
accepted but who failed or refused to enter into a proper 11123
contract, except as provided in division (G) of this section, is 11124
liable for an equal share of a penal sum in connection with the 11125
resubmission, of printing new contract documents, required 11126
advertising, and printing and mailing notices to prospective 11127
bidders, but no bidder's liability shall exceed the amount of the 11128
bidder's bid guaranty.11129

       (F) All bid guaranties filed pursuant to this section shall 11130
be payable to the state, political subdivision, district, 11131
institution, or agency, be for the benefit of the state, political 11132
subdivision, district, institution, or agency or any person having 11133
a right of action thereon, and be deposited with, and held by, the 11134
board, officer, or agent contracting on behalf of the state, 11135
political subdivision, district, institution, or agency. All bonds 11136
filed pursuant to this section shall be issued by a surety company 11137
authorized to do business in this state as surety approved by the 11138
board, officer, or agent awarding the contract on behalf of the 11139
state, political subdivision, district, institution, or agency.11140

       (G) A bidder for a contract with the state or any political 11141
subdivision, district, institution, or other agency thereof, 11142
excluding therefrom the Ohio department of transportation, for a 11143
public improvement costing less than one-half million dollars may 11144
withdraw the bid from consideration if the bidder's bid for some 11145
other contract with the state or any political subdivision, 11146
district, institution, or other agency thereof, excluding 11147
therefrom the department of transportation, for the public 11148
improvement costing less than one-half million dollars has already 11149
been accepted, if the bidder certifies in good faith that the 11150
total amount of all the bidder's current contracts is less than 11151
one-half million dollars, and if the surety certifies in good 11152
faith that the bidder is unable to perform the subsequent contract 11153
because to do so would exceed the bidder's bonding capacity. If a 11154
bid is withdrawn under authority of this division, the contracting 11155
authority may award the contract to the next lowest bidder or 11156
reject all bids and resubmit the project for bidding, and neither 11157
the bidder nor the surety on the bidder's bond are liable for the 11158
difference between the bidder's bid and that of the next lowest 11159
bidder, for a penal sum, or for the costs of printing new contract 11160
documents, required advertising, and printing and mailing notices 11161
to prospective bidders.11162

       (H) Bid guaranties filed pursuant to division (A) of this 11163
section shall be returned to all unsuccessful bidders immediately 11164
after the contract is executed. The bid guaranty filed pursuant to 11165
division (A)(2) of this section shall be returned to the 11166
successful bidder upon filing of the bond required in division (C) 11167
of this section.11168

       (I) For the purposes of this section, "next lowest bidder" 11169
means, in the case of a political subdivision that has adopted the 11170
model Ohio and United States preference requirements promulgated 11171
pursuant to division (E) of section 125.11 of the Revised Code, 11172
the next lowest bidder that qualifies under those preference 11173
requirements.11174

       (J) For the purposes of this section and sections 153.56, 11175
153.57, and 153.571 of the Revised Code, "public improvement," 11176
"subcontractor," "material supplier," "laborer," and "materials" 11177
have the same meanings as in section 1311.25 of the Revised Code.11178

       Sec. 153.55.  (A) For purposes of calculating the amount of a 11179
public improvement project to determine whether it is subject to 11180
section 153.01 of the Revised Code, no officer, board, or other 11181
authority of the state or any institution supported by the state 11182
shall subdivide a public improvement project into component parts 11183
or separate projects in order to avoid the threshold of that 11184
section, unless the component parts or separate projects thus 11185
created are conceptually separate and unrelated to each other, or 11186
encompass independent or unrelated needs. 11187

       (B) In calculating the project amount for purposes of the 11188
threshold in section 153.01 of the Revised Code, the following 11189
expenses shall be included as costs of the project:11190

       (1) Professional fees and expenses for services associated 11191
with the preparation of plans; 11192

       (2) Permit costs, testing costs, and other fees associated 11193
with the work; 11194

       (3) Project construction costs; 11195

       (4) A contingency reserve fund. 11196

       Sec. 153.56. (A) Any person to whom any money is due for 11197
labor or work performed or materials furnished in a public 11198
improvement as provided in section 153.54 of the Revised Code, at 11199
any time after performing the labor or work or furnishing the 11200
materials, but not later than ninety days after the completion of 11201
the contract by the principal contractor or design-build firm and 11202
the acceptance of the public improvement for which the bond was 11203
provided by the duly authorized board or officer, shall furnish 11204
the sureties on the bond, a statement of the amount due to the 11205
person.11206

       (B) A suit shall not be brought against sureties on the bond 11207
until after sixty days after the furnishing of the statement 11208
described in division (A) of this section. If the indebtedness is 11209
not paid in full at the expiration of that sixty days, and if the 11210
person complies with division (C) of this section, the person may 11211
bring an action in the person's own name upon the bond, as 11212
provided in sections 2307.06 and 2307.07 of the Revised Code, that 11213
action to be commenced, notwithstanding section 2305.12 of the 11214
Revised Code, not later than one year from the date of acceptance 11215
of the public improvement for which the bond was provided.11216

       (C) To exercise rights under this section, a subcontractor or 11217
materials supplier supplying labor or materials that cost more 11218
than thirty thousand dollars, who is not in direct privity of 11219
contract with the principal contractor or design-build firm for 11220
the public improvement, shall serve a notice of furnishing upon 11221
the principal contractor or design-build firm in the form provided 11222
in section 1311.261 of the Revised Code.11223

       (D) A subcontractor or materials supplier who serves a notice 11224
of furnishing under division (C) of this section as required to 11225
exercise rights under this section has the right of recovery only 11226
as to amounts owed for labor and work performed and materials 11227
furnished during and after the twenty-one days immediately 11228
preceding service of the notice of furnishing.11229

       (E) For purposes of this section, "principal:11230

       (1) "Design-build firm" has the same meaning as in section 11231
153.65 of the Revised Code.11232

       (2) "Principal contractor" has the same meaning as in section 11233
1311.25 of the Revised Code, and may include a "construction 11234
manager" and a "construction manager at risk" as defined in 11235
section 9.33 of the Revised Code.11236

       Sec. 153.57.  (A) The bond provided for in division (B) of 11237
section 9.333, division (C)(1) of section 153.54, and division (C) 11238
of section 153.70 of the Revised Code shall be in substantially 11239
the following form, and recovery of any claimant thereunder shall 11240
be subject to sections 153.01 to 153.60 of the Revised Code, to 11241
the same extent as if the provisions of those sections were fully 11242
incorporated in the bond form:11243

       "KNOW ALL PERSONS BY THESE PRESENTS, that we, the undersigned 11244
............................ as principal and ................... 11245
as sureties, are hereby held and firmly bound unto 11246
................... in the penal sum of ............. dollars, for 11247
the payment of which well and truly to be made, we hereby jointly 11248
and severally bind ourselves, our heirs, executors, 11249
administrators, successors, and assigns.11250

       Signed this ............. day of ................, ....11251

       THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas 11252
the above named principal did on the ................ day of 11253
....................., ...., enter into a contract with 11254
................., which said contract is made a part of this bond 11255
the same as though set forth herein;11256

       Now, if the said ....................... shall well and 11257
faithfully do and perform the things agreed by .................. 11258
to be done and performed according to the terms of said contract; 11259
and shall pay all lawful claims of subcontractors, material 11260
suppliers, and laborers, for labor performed and materials 11261
furnished in the carrying forward, performing, or completing of 11262
said contract; we agreeing and assenting that this undertaking 11263
shall be for the benefit of any material supplier or laborer 11264
having a just claim, as well as for the obligee herein; then this 11265
obligation shall be void; otherwise the same shall remain in full 11266
force and effect; it being expressly understood and agreed that 11267
the liability of the surety for any and all claims hereunder shall 11268
in no event exceed the penal amount of this obligation as herein 11269
stated.11270

       The said surety hereby stipulates and agrees that no 11271
modifications, omissions, or additions, in or to the terms of the 11272
said contract or in or to the plans or specifications therefor 11273
shall in any wise affect the obligations of said surety on its 11274
bond."11275

       (B) The bond provided for in division (C)(2) of section 11276
153.54 of the Revised Code shall be in substantially the following 11277
form:11278

       "KNOW ALL PERSONS BY THESE PRESENTS, that we, the undersigned 11279
......... as principal and ............. as sureties, are hereby 11280
held and firmly bound unto ............. in the penal sum of 11281
.............. dollars, for the payment of which well and truly be 11282
made, we hereby jointly and severally bind ourselves, our heirs, 11283
executors, administrators, successors, and assigns.11284

       Signed this ......... day of ........., .......11285

       THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas 11286
the above named principal did on the ........ day of ........, 11287
......, entered into a contract with ............... which said 11288
contract is made a part of this bond the same as though set forth 11289
herein;11290

       Now, if the said ................ shall well and faithfully 11291
do and perform the things agreed by ............. to be done and 11292
performed according to the terms of the said contract; we agreeing 11293
and assenting that this undertaking shall be for the benefit of 11294
the obligee herein; then this obligation shall be void; otherwise 11295
the same shall remain in full force and effect; it being expressly 11296
understood and agreed that the liability of the surety for any and 11297
all claims hereunder shall in no event exceed the penal amount of 11298
the obligation as herein stated.11299

       The surety hereby stipulates and agrees that no 11300
modifications, omissions, or additions, in or to the terms of the 11301
contract shall in any way affect the obligation of the surety on 11302
its bond."11303

       Sec. 153.581.  As used in sections 153.581 and 153.591 of the 11304
Revised Code:11305

       (A) "Public works contract" means any contract awarded by a 11306
contracting authority for the construction, engineering, 11307
alteration, or repair of any public building, public highway, or 11308
other public work.11309

       (B) "Contracting authority" means the state, any township, 11310
county, municipal corporation, school board, or other governmental 11311
entity empowered to award a public works contract, and any 11312
construction manager at risk as defined in section 9.33 of the 11313
Revised Code or design-build firm as defined in section 153.65 of 11314
the Revised Code awarding a subcontract.11315

       (C) "Contractor" means any person, partnership, corporation, 11316
or association that has been awarded a public works contract.11317

       Sec. 153.65.  As used in sections 153.65 to 153.71153.73 of 11318
the Revised Code:11319

       (A)(1) "Public authority" means the state, a state 11320
institution of higher education as defined in section 3345.011 of 11321
the Revised Code, a county, township, municipal corporation, 11322
school district, or other political subdivision, or any public 11323
agency, authority, board, commission, instrumentality, or special 11324
purpose district of the state or of a county, township, municipal 11325
corporation, school district, or other political subdivision.11326

       (2) "Public authority" does not include the Ohio turnpike 11327
commission.11328

       (B) "Professional design firm" means any person legally 11329
engaged in rendering professional design services.11330

       (C) "Professional design services" means services within the 11331
scope of practice of an architect or landscape architect 11332
registered under Chapter 4703. of the Revised Code or a 11333
professional engineer or surveyor registered under Chapter 4733. 11334
of the Revised Code.11335

       (D) "Qualifications" means all of the following:11336

       (1) Competence of the(a) For a professional design firm, 11337
competence to perform the required professional design services as 11338
indicated by the technical training, education, and experience of 11339
the firm's personnel, especially the technical training, 11340
education, and experience of the employees within the firm who 11341
would be assigned to perform the services;11342

       (b) For a design-build firm, competence to perform the 11343
required design-build services as indicated by the technical 11344
training, education, and experience of the design-build firm's 11345
personnel and key consultants, especially the technical training, 11346
education, and experience of the employees and consultants of the 11347
design-build firm who would be assigned to perform the services, 11348
including the proposed architect of record.11349

       (2) Ability of the firm in terms of its workload and the 11350
availability of qualified personnel, equipment, and facilities to 11351
perform the required professional design services or design-build 11352
services competently and expeditiously;11353

       (3) Past performance of the firm as reflected by the 11354
evaluations of previous clients with respect to such factors as 11355
control of costs, quality of work, and meeting of deadlines;11356

       (4) Any other relevant factors as determined by the public 11357
authority;11358

       (5) With respect to a design-build firm, compliance with 11359
sections 4703.182, 4703.332, and 4733.16 of the Revised Code, 11360
including the use of a licensed professional for all design 11361
services.11362

       (E) "Design-build contract" means a contract between a public 11363
authority and another person that obligates the person to provide 11364
design-build services.11365

       (F) "Design-build firm" means a person capable of providing 11366
design-build services.11367

       (G) "Design-build services" means services that form an 11368
integrated delivery system for which a person is responsible to a 11369
public authority for both the design and construction, demolition, 11370
alteration, repair, or reconstruction of a public improvement.11371

       (H) "Architect of record" means the architect that serves as 11372
the final signatory on the plans and specifications for the 11373
design-build project.11374

       (I) "Criteria architect or engineer" means the architect or 11375
engineer retained by a public authority to prepare conceptual 11376
plans and specifications, to assist the public authority in 11377
connection with the establishment of the design criteria for a 11378
design-build project, and, if requested by the public authority, 11379
to serve as the representative of the public authority and 11380
provide, during the design-build project, other design and 11381
construction administration services on behalf of the public 11382
authority, including but not limited to, confirming that the 11383
design prepared by the design-build firm reflects the original 11384
design intent established in the design criteria package.11385

       (J) "Open book pricing method" means a method in which a 11386
design-build firm provides the public authority, at the public 11387
authority's request, all books, records, documents, contracts, 11388
subcontracts, purchase orders, and other data in its possession 11389
pertaining to the bidding, pricing, or performance of a contract 11390
for design-build services awarded to the design-build firm.11391

       Sec. 153.66. (A) Each public authority planning to contract 11392
for professional design services or design-build services shall 11393
encourage professional design firms and design-build firms to 11394
submit a statement of qualifications and update the statements at 11395
regular intervals.11396

       (B) Notwithstanding any contrary requirements in sections 11397
153.65 to 153.70 of the Revised Code, for every design-build 11398
contract, each public authority planning to contract for 11399
design-build services shall evaluate the statements of 11400
qualifications submitted by design-build firms for the project, 11401
including the qualifications of the design-build firm's proposed 11402
architect of record, in consultation with the criteria architect 11403
or engineer before selecting a design-build firm pursuant to 11404
section 153.693 of the Revised Code. 11405

       Sec. 153.67.  Each public authority planning to contract for 11406
professional design services or design-build services shall 11407
publicly announce all contracts available from it for such 11408
services. The announcements shall:11409

       (A) Be made in a uniform and consistent manner and shall be 11410
made sufficiently in advance of the time that responses must be 11411
received from qualified professional design firms or design-build 11412
firms for the firms to have an adequate opportunity to submit a 11413
statement of interest in the project;11414

       (B) Include a general description of the project, a statement 11415
of the specific professional design services or design-build 11416
services required, and a description of the qualifications 11417
required for the project;11418

       (C) Indicate how qualified professional design firms or 11419
design-build firms may submit statements of qualifications in 11420
order to be considered for a contract to design or design-build11421
the project;11422

       (D) Be sent to eitherany of the following that the public 11423
authority considers appropriate:11424

       (1) Each professional design firm that has a current 11425
statement of qualifications on file with the public authority and 11426
is qualified to perform the required professional design services11427
Design-build firms, including contractors or other entities that 11428
seek to perform the work as a design-build firm;11429

       (2) Architect, landscape architect, engineer, and surveyor11430
trade associations, the;11431

       (3) The news media, and any;11432

       (4) Any publications or other public media that the public 11433
authority considers appropriate, including electronic media.11434

       Sec. 153.69.  For every professional design services 11435
contract, each public authority planning to contract for 11436
professional design services shall evaluate the statements of 11437
qualifications of professional design firms currently on file, 11438
together with those that are submitted by other professional 11439
design firms specifically regarding the project, and may hold 11440
discussions with individual firms to explore further the firms' 11441
statements of qualifications, the scope and nature of the services 11442
the firms would provide, and the various technical approaches the 11443
firms may take toward the project. Following this evaluation, the 11444
public authority shall:11445

       (A) Select and rank no fewer than three firms which it 11446
considers to be the most qualified to provide the required 11447
professional design services, except when the public authority 11448
determines in writing that fewer than three qualified firms are 11449
available in which case the public authority shall select and rank 11450
those firms;11451

       (B) Negotiate a contract with the firm ranked most qualified 11452
to perform the required services at a compensation determined in 11453
writing to be fair and reasonable to the public authority. 11454
Contract negotiations shall be directed toward:11455

       (1) Ensuring that the professional design firm and the agency 11456
have a mutual understanding of the essential requirements involved 11457
in providing the required services;11458

       (2) Determining that the firm will make available the 11459
necessary personnel, equipment, and facilities to perform the 11460
services within the required time;11461

       (3) Agreeing upon compensation which is fair and reasonable, 11462
taking into account the estimated value, scope, complexity, and 11463
nature of the services.11464

       (C) If a contract is negotiated with the firm ranked to 11465
perform the required services most qualified, the public authority 11466
shall, if applicable under section 127.16 of the Revised Code, 11467
request approval of the board to make expenditures under the 11468
contract.11469

       (D) Upon failure to negotiate a contract with the firm ranked 11470
most qualified, the public authority shall inform the firm in 11471
writing of the termination of negotiations and may enter into 11472
negotiations with the firm ranked next most qualified. If 11473
negotiations again fail, the same procedure shallmay be followed 11474
with each next most qualified firm selected and ranked pursuant to 11475
division (A) of this section, in order of ranking, until a 11476
contract is negotiated.11477

       (E) Should the public authority fail to negotiate a contract 11478
with any of the firms selected pursuant to division (A) of this 11479
section, the public authority shallmay select and rank additional 11480
firms, based on their qualifications, and negotiations shallmay11481
continue as with the firms selected and ranked initially until a 11482
contract is negotiated.11483

       (F) Nothing in this section affects a public authority's 11484
right to accept or reject any or all proposals in whole or in 11485
part.11486

       Sec. 153.692. For every design-build contract, the public 11487
authority planning to contract for design-build services shall 11488
first obtain the services of a criteria architect or engineer by 11489
doing either of the following:11490

       (A) Contracting for the services consistent with sections 11491
153.65 to 153.70 of the Revised Code;11492

       (B) Obtaining the services through an architect or engineer 11493
who is an employee of the public authority and notifying the 11494
department of administrative services before the services are 11495
performed.11496

       Sec. 153.693.  (A) For every design-build contract, the 11497
public authority planning to contract for design-build services, 11498
in consultation with the criteria architect or engineer, shall 11499
evaluate the statements of qualifications submitted by 11500
design-build firms specifically regarding the project, including 11501
the design-build firm's proposed architect of record. Following 11502
this evaluation, the public authority shall:11503

       (1) Select and rank not fewer than three firms which it 11504
considers to be the most qualified to provide the required 11505
design-build services, except that the public authority shall 11506
select and rank fewer than three firms when the public authority 11507
determines in writing that fewer than three qualified firms are 11508
available;11509

       (2) Provide each selected design-build firm with all of the 11510
following: 11511

       (a) A description of the project and project delivery;11512

       (b) The design criteria produced by the criteria architect or 11513
engineer under section 153.692 of the Revised Code; 11514

       (c) A preliminary project schedule; 11515

       (d) A description of any preconstruction services; 11516

       (e) A description of the proposed design services;11517

       (f) A description of a guaranteed maximum price, including 11518
the estimated level of design on which such guaranteed maximum 11519
price is based;11520

       (g) The form of the design-build services contract;11521

       (h) A request for a pricing proposal that shall be divided 11522
into a design services fee and a preconstruction and design-build 11523
services fee. The pricing proposal of each design-build firm shall 11524
include at least all of the following:11525

       (i) A list of key personnel and consultants for the project; 11526

       (ii) Design concepts adhering to the design criteria produced 11527
by the criteria architect or engineer under section 153.692 of the 11528
Revised Code; 11529

       (iii) The design-build firm's statement of general conditions 11530
and estimated contingency requirements; 11531

       (iv) A preliminary project schedule.11532

       (3) Evaluate the pricing proposal submitted by each selected 11533
firm and, at its discretion, hold discussions with each firm to 11534
further investigate its pricing proposal, including the scope and 11535
nature of the firm's proposed services and potential technical 11536
approaches;11537

       (4) Rank the selected firms based on the public authority's 11538
evaluation of the value of each firm's pricing proposal, with such 11539
evaluation considering each firm's proposed costs and 11540
qualifications; 11541

       (5) Enter into contract negotiations for design-build 11542
services with the design-build firm whose pricing proposal the 11543
public authority determines to be the best value under this 11544
section.11545

       (B) In complying with division (A)(5) of this section, 11546
contract negotiations shall be directed toward:11547

       (1) Ensuring that the design-build firm and the public 11548
authority mutually understand the essential requirements involved 11549
in providing the required design-build services, the provisions 11550
for the use of contingency funds, and the terms of the contract, 11551
including terms related to the possible distribution of savings in 11552
the final costs of the project;11553

       (2) Ensuring that the design-build firm shall be able to 11554
provide the necessary personnel, equipment, and facilities to 11555
perform the design-build services within the time required by the 11556
design-build construction contract;11557

       (3) Agreeing upon a procedure and schedule for determining a 11558
guaranteed maximum price using an open book pricing method that 11559
shall represent the total maximum amount to be paid by the public 11560
authority to the design-build firm for the project and that shall 11561
include the costs of all work, the cost of its general conditions, 11562
the contingency, and the fee payable to the design-build firm. 11563

       (C) If the public authority fails to negotiate a contract 11564
with the design-build firm whose pricing proposal the public 11565
authority determines to be the best value as determined under this 11566
section, the public authority shall inform the design-build firm 11567
in writing of the termination of negotiations. The public 11568
authority may then do the following:11569

       (1) Negotiate a contract with a design-build firm ranked next 11570
highest under this section following the negotiation procedure 11571
described in this section; 11572

       (2) If negotiations fail with the design-build firm under 11573
division (C)(1) of this section, negotiate a contract with the 11574
design-build firm ranked next highest under this section following 11575
the negotiation procedure described in this section and continue 11576
negotiating with the design-build firms selected under this 11577
section in the order of their ranking until a contract is 11578
negotiated.11579

       (D) If the public authority fails to negotiate a contract 11580
with a design-build firm whose pricing proposal the public 11581
authority determines to be the best value as determined under this 11582
section, it may select additional design-build firms to provide 11583
pricing proposals to the public authority pursuant to this section 11584
or may select an alternative delivery method for the project.11585

       (E) The public authority may provide a stipend for pricing 11586
proposals received from design-build firms.11587

       (F) Nothing in this section affects a public authority's 11588
right to accept or reject any or all proposals in whole or in 11589
part.11590

       Sec. 153.694.  If a professional design firm selected as the 11591
criteria architect or engineer creates the preliminary criteria 11592
and design criteria for a project and provides professional design 11593
services to a public authority to assist that public authority in 11594
evaluating the design-build requirements provided to the public 11595
authority by a design-build firm pursuant to section 153.692 of 11596
the Revised Code, that professional design firm shall not provide 11597
any design-build services pursuant to a design-build contract 11598
under section 153.693 of the Revised Code. 11599

       Sec. 153.70.  (A) Except for any person providing 11600
professional design services of a research or training nature, any 11601
person rendering professional design services to a public 11602
authority or to a design-build firm, including a criteria 11603
architect or engineer and person performing architect of record 11604
services, shall have and maintain, or be covered by, during the 11605
period the services are rendered, a professional liability 11606
insurance policy or policies with a company or companies that are 11607
authorized to do business in this state and that afford 11608
professional liability coverage for the professional design 11609
services rendered. The insurance shall be in amount considered 11610
sufficient by the public authority. At the public authority's 11611
discretion, the design-build firm shall carry contractor's 11612
professional liability insurance and any other insurance the 11613
public authority considers appropriate.11614

       (B) The requirement for professional liability insurance set 11615
forth in division (A) of this section may be waived by the public 11616
authority for good cause, or the public authority may allow the 11617
person providing the professional design services to provide other 11618
assurances of financial responsibility.11619

       (C) Before construction begins pursuant to a contract for 11620
design-build services with a design-build firm, the design-build 11621
firm shall provide a surety bond to the public authority in 11622
accordance with section 153.57 of the Revised Code in an amount 11623
not less than the combined contract values of any work under 11624
contract to be constructed pursuant to the contract for 11625
design-build services prior to the establishment of the guaranteed 11626
maximum price or in the amount of the guaranteed maximum price as 11627
agreed to by the public authority, as the case may be.11628

       Sec. 153.71.  Any public authority planning to contract for 11629
professional design services or design-build services may adopt, 11630
amend, or rescind rules, in accordance with Chapter 119. of the 11631
Revised Code, to implement sections 153.66 to 153.70 of the 11632
Revised Code. Sections 153.66 to 153.70 of the Revised Code do not 11633
apply to any of the following:11634

       (A) Any project with an estimated professional design fee of 11635
less than twenty-five thousand dollars;11636

       (B) Any project determined in writing by the public authority 11637
head to be an emergency requiring immediate action including, but 11638
not limited to, any projects requiring multiple contracts let as 11639
part of a program requiring a large number of professional design 11640
firms of the same type;11641

       (C) Any public authority that is not empowered by law to 11642
contract for professional design services.11643

       Sec. 153.72.  A design-build firm contracted for design-build 11644
services by a public authority may do either of the following: 11645

       (A) Perform design, construction, demolition, alteration, 11646
repair, or reconstruction work pursuant to such contract;11647

       (B) Perform professional design services when contracted by a 11648
public authority for design-build services even if the 11649
design-build firm is not a professional design firm.11650

       Sec. 153.73.  The requirements set forth in sections 153.65 11651
to 153.72 of the Revised Code for the bidding, selection, and 11652
award of a contract for professional design services or 11653
design-build services by a public authority prevail in the event 11654
of any conflict with any other provision of this chapter.11655

       Sec. 153.80.  (A) A contract for the construction, 11656
demolition, alteration, repair, or reconstruction of a public 11657
improvement entered into on or after the effective date of this 11658
sectionApril 16, 1993, shall be deemed to include the provisions 11659
contained in division (B) of this section.11660

       (B)(1) In regard to any bond filed by the contractor for the 11661
work contracted, the contracting authority, in its sole 11662
discretion, may reduce the bond required by twenty-five per cent 11663
of the total amount of the bond after at least fifty per cent of 11664
the work contracted for has been completed and by fifty per cent 11665
after at least seventy-five per cent of the work contracted for 11666
has been completed provided that all of the following conditions 11667
are met:11668

       (a) The contracting authority determines that the percentage 11669
of the work that has been completed at the time of determination 11670
has been satisfactorily performed and meets the terms of the 11671
contract, including a provision in regard to the time when the 11672
whole or any specified portion of work contemplated in the 11673
contract must be completed;11674

       (b) The contracting authority determines that no disputed 11675
claim caused by the contractor exists or remains unresolved;11676

       (c) The successful bid upon which the contract is based was 11677
not more than ten per cent below the next lowest bid or not more 11678
than ten per cent below a cost estimate for the work as published 11679
by the contracting authority.11680

       (2) In regard to the amount of any funds retained, the 11681
contracting authority, in its sole discretion, may reduce the 11682
amount of funds retained pursuant to sectionsections 153.12 and 11683
153.14 of the Revised Code for the faithful performance of work by 11684
fifty per cent of the amount of funds required to be retained 11685
pursuant to those sections, provided that the surety on the bond 11686
remains liable for all of the following that are caused due to 11687
default by the contractor:11688

       (a) Completion of the job;11689

       (b) All delay claims;11690

       (c) All liquidated damages;11691

       (d) All additional expenses incurred by the contracting 11692
authority.11693

       (C) As used in this section:11694

       (1) "Contracting authority" means an officer, board, or other 11695
authority of the state, a county, township, municipal corporation, 11696
or school district, or of any other political subdivision of the 11697
state, authorized to contract for the construction, demolition, 11698
alteration, repair, or reconstruction of a public improvement, and 11699
any construction manager at risk as defined in section 9.33 of the 11700
Revised Code or design-build firm as defined in section 153.65 of 11701
the Revised Code awarding a subcontract, but does not include an 11702
officer, board, or other authority of the department of 11703
transportation.11704

       (2) "Delay claim" means a claim that arises due to default on 11705
provisions in a contract in regard to the time when the whole or 11706
any specified portion of work contemplated in the contract must be 11707
completed.11708

       Sec. 154.02.  (A) Pursuant to the provisions of Chapter 154. 11709
of the Revised Code, the issuing authority may issue obligations 11710
as from time to time authorized by or pursuant to act or 11711
resolution of the general assembly, consistent with such 11712
limitations thereon, subject to section 154.12 of the Revised 11713
Code, as the general assembly may thereby prescribe as to 11714
principal amount, bond service charges, or otherwise, and shall 11715
cause the proceeds thereof to be applied to those capital 11716
facilities designated by or pursuant to act of the general 11717
assembly for any of the following:11718

       (1) Mental hygiene and retardation, including housing for 11719
mental hygiene and retardation patients under Section 16 of 11720
Article VIII, Ohio Constitution;11721

       (2) State supported and assisted institutions of higher 11722
education, including community or technical educationcolleges;11723

       (3) Parks and recreation;11724

       (4) Ohio cultural facilities;11725

       (5) Ohio sports facilities;11726

       (6) Housing of branches and agencies of state government.11727

       (B) The authority provided by Chapter 154. of the Revised 11728
Code is in addition to any other authority provided by law for the 11729
same or similar purposes, except as may otherwise specifically be 11730
provided in Chapter 154. of the Revised Code. In case any section 11731
or provision of Chapter 154. of the Revised Code or in case any 11732
covenant, stipulation, obligation, resolution, trust agreement, 11733
indenture, lease agreement, act, or action, or part thereof, made, 11734
assumed, entered into, or taken under Chapter 154. of the Revised 11735
Code, or any application thereof, is for any reason held to be 11736
illegal or invalid, such illegality or invalidity shall not affect 11737
the remainder thereof or any other section or provision of Chapter 11738
154. of the Revised Code or any other covenant, stipulation, 11739
obligation, resolution, trust agreement, indenture, lease, 11740
agreement, act, or action, or part thereof, made, assumed, entered 11741
into, or taken under such chapter, which shall be construed and 11742
enforced as if such illegal or invalid portion were not contained 11743
therein, nor shall such illegality or invalidity or any 11744
application thereof affect any legal and valid application 11745
thereof, and each such section, provision, covenant, stipulation, 11746
obligation, resolution, trust agreement, indenture, lease, 11747
agreement, act, or action, or part thereof, shall be deemed to be 11748
effective, operative, made, entered into or taken in the manner 11749
and to the full extent permitted by law.11750

       Sec. 154.07.  For the respective purposes provided in 11751
sections 154.20, 154.21, 154.22, and 154.23, 154.24, and 154.25 of 11752
the Revised Code, the issuing authority may issue obligations of 11753
the state of Ohio as provided in Chapter 154. of the Revised Code, 11754
provided that the holders or owners of obligations shall have no 11755
right to have excises or taxes levied by the general assembly for 11756
the payment of the bond service charges. The right of holders and 11757
owners to payment of bond service charges shall be limited to the 11758
revenues or receipts and funds pledged thereto in accordance with 11759
Chapter 154. of the Revised Code, and each obligation shall bear 11760
on its face a statement to that effect. Chapter 154. of the 11761
Revised Code does not permit, and no provision of that chapter 11762
shall be applied to authorize or grant, a pledge of charges for 11763
the treatment or care of mental hygiene and retardation patients 11764
to bond service charges on obligations other than those issued for 11765
capital facilities for mental hygiene and retardation, or a pledge 11766
of any receipts of or on behalf of state supported or state 11767
assisted institutions of higher education to bond service charges 11768
on obligations other than those issued for capital facilities for 11769
state supported or state assisted institutions of higher 11770
education, or a pledge of receipts with respect to parks and 11771
recreation to bond service charges on obligations other than those 11772
issued for capital facilities for parks and recreation, or a 11773
pledge of revenues or receipts received by or on behalf of any 11774
state agency to bond service charges on obligations other than 11775
those issued for capital facilities which are in whole or in part 11776
useful to, constructed by, or financed by the state agency that 11777
receives the revenues or receipts so pledged.11778

       Sec. 154.24.  (A) In addition to the definitions provided in 11779
section 154.01 of the Revised Code:11780

       (1) "Capital facilities" includes, for purposes of this 11781
section, storage and parking facilities related to such capital 11782
facilities.11783

       (2) "Costs of capital facilities" includes, for purposes of 11784
this section, the costs of assessing, planning, and altering 11785
capital facilities, and the financing thereof, all related direct 11786
administrative expenses and allocable portions of direct costs of 11787
lessee state agencies, and all other expenses necessary or 11788
incident to the assessment, planning, alteration, maintenance, 11789
equipment, or furnishing of capital facilities and the placing of 11790
the same in use and operation, including any one, part of, or 11791
combination of such classes of costs and expenses.11792

       (3) "Governmental agency" includes, for purposes of this 11793
section, any state of the United States or any department, 11794
division, or agency of any state.11795

       (4) "State agency" includes, for purposes of this section, 11796
branches, authorities, courts, the general assembly, counties, 11797
municipal corporations, and any other governmental entities of 11798
this state that enter into leases with the commission pursuant to 11799
this section or that are designated by law as state agencies for 11800
the purpose of performing a state function that is to be housed by 11801
a capital facility for which the issuing authority is authorized 11802
to issue revenue obligations pursuant to this section.11803

       (B) Subject to authorization by the general assembly under 11804
section 154.02 of the Revised Code, the issuing authority may 11805
issue obligations pursuant to this chapter to pay costs of capital 11806
facilities for housing branches and agencies of state government, 11807
including capital facilities for the purpose of housing personnel, 11808
equipment, or functions, or any combination thereof that a state 11809
agency is responsible for housing, including obligations to pay 11810
the costs of capital facilities described in section 307.021 of 11811
the Revised Code, and the costs of capital facilities in which one 11812
or more state agencies are participating with the federal 11813
government, municipal corporations, counties, or other 11814
governmental entities, or any one or more of them, and in which 11815
that portion of the facility allocated to the participating state 11816
agencies is to be used for the purpose of housing branches and 11817
agencies of state government including housing personnel, 11818
equipment, or functions, or any combination thereof. Such 11819
participation may be by grants, loans, or contributions to other 11820
participating governmental agencies for any of those capital 11821
facilities. 11822

       (C) The commission may lease any capital facilities for 11823
housing branches and agencies of state government to, and make or 11824
provide for other agreements with respect to the use or purchase 11825
of such capital facilities with, any state agency or governmental 11826
agency having authority under law to operate such capital 11827
facilities.11828

       (D)(1) For purposes of this division, "available receipts" 11829
means fees, charges, revenues, grants, subsidies, income from the 11830
investment of moneys, proceeds from the sale of goods or services, 11831
and all other revenues or receipts derived from the operation, 11832
leasing, or other disposition of capital facilities financed with 11833
obligations issued under this section or received by or on behalf 11834
of any state agency for which capital facilities are financed with 11835
obligations issued under this section or any state agency 11836
participating in or by which the capital facilities are 11837
constructed or financed; the proceeds of obligations issued under 11838
this section and sections 154.11 or 154.12 of the Revised Code; 11839
and any moneys appropriated by a governmental agency, and gifts, 11840
grants, donations, and pledges, and receipts therefrom, available 11841
for the payment of bond service charges on such obligations. 11842

       (2) The issuing authority may pledge all, or such portion as 11843
it determines, of the available receipts to the payment of bond 11844
service charges on obligations issued under this section and 11845
section 154.11 or 154.12 of the Revised Code and for the 11846
establishment and maintenance of any reserves, as provided in the 11847
bond proceedings, and make other provisions therein with respect 11848
to such available receipts as authorized by this chapter, which 11849
provisions shall be controlling notwithstanding any other 11850
provision of law pertaining thereto.11851

       (E) There is hereby created one or more funds, as determined 11852
by the issuing authority in the bond proceedings, with identifying 11853
names as the issuing authority determines, which shall be in the 11854
custody of the treasurer of state but shall be separate and apart 11855
from and not a part of the state treasury. All money received by 11856
or on account of the issuing authority or the commission and 11857
required by the applicable bond proceedings to be deposited, 11858
transferred, or credited to a bond service fund created pursuant 11859
to this section, and all other money transferred or allocated to 11860
or received for the purposes of that fund, shall be deposited with 11861
the treasurer of state and credited to the applicable fund, 11862
subject to applicable provisions of the bond proceedings, but 11863
without necessity of any act or appropriation. Any bond service 11864
fund created pursuant to this section is a trust fund hereby 11865
pledged to the payment of bond service charges on the applicable 11866
obligations issued pursuant to this section and section 154.11 or 11867
154.12 of the Revised Code to the extent provided in the 11868
applicable bond proceedings, and payment thereof from such funds 11869
shall be made or provided for by the treasurer of state in 11870
accordance with the applicable bond proceedings without necessity 11871
for any act or appropriation. The director of budget and 11872
management may also create one or more improvement funds, with 11873
identifying names as the director determines, which shall be in 11874
the state treasury, to receive the proceeds of obligations issued 11875
under this section appropriated to fund costs of capital 11876
facilities.11877

       (F) This section is to be applied with other applicable 11878
provisions of this chapter.11879

       Sec. 154.25. (A) As used in this section:11880

       (1) "Available community or technical college receipts" means 11881
all money received by a community or technical college or 11882
community or technical college district, including income, 11883
revenues, and receipts from the operation, ownership, or control 11884
of facilities, grants, gifts, donations, and pledges and receipts 11885
therefrom, receipts from fees and charges, the allocated state 11886
share of instruction as defined in section 3333.90 of the Revised 11887
Code, and the proceeds of the sale of obligations, including 11888
proceeds of obligations issued to refund obligations previously 11889
issued, but excluding any special fee, and receipts therefrom, 11890
charged pursuant to division (D) of section 154.21 of the Revised 11891
Code.11892

       (2) "Community or technical college," "college," "community 11893
or technical college district," and "district" have the same 11894
meanings as in section 3333.90 of the Revised Code.11895

       (3) "Community or technical college capital facilities" means 11896
auxiliary facilities, education facilities, and housing and dining 11897
facilities, as those terms are defined in section 3345.12 of the 11898
Revised Code, to the extent permitted to be financed by the 11899
issuance of obligations under division (A)(2) of section 3357.11211900
of the Revised Code, that are authorized by sections 3354.121, 11901
3357.112, and 3358.10 of the Revised Code to be financed by 11902
obligations issued by a community or technical college district, 11903
and for which the issuing authority is authorized to issue 11904
obligations pursuant to this section, and includes any one, part 11905
of, or any combination of the foregoing, and further includes site 11906
improvements, utilities, machinery, furnishings, and any separate 11907
or connected buildings, structures, improvements, sites, open 11908
space and green space areas, utilities, or equipment to be used 11909
in, or in connection with the operation or maintenance of, or 11910
supplementing or otherwise related to the services or facilities 11911
to be provided by, such facilities.11912

       (4) "Cost of community or technical college capital 11913
facilities" means the costs of acquiring, constructing, 11914
reconstructing, rehabilitating, remodeling, renovating, enlarging, 11915
improving, equipping, or furnishing community or technical college 11916
capital facilities, and the financing thereof, including the cost 11917
of clearance and preparation of the site and of any land to be 11918
used in connection with community or technical college capital 11919
facilities, the cost of any indemnity and surety bonds and 11920
premiums on insurance, all related direct administrative expenses 11921
and allocable portions of direct costs of the commission and the 11922
issuing authority, community or technical college or community or 11923
technical college district, cost of engineering, architectural 11924
services, design, plans, specifications and surveys, estimates of 11925
cost, legal fees, fees and expenses of trustees, depositories, 11926
bond registrars, and paying agents for obligations, cost of 11927
issuance of obligations and financing costs and fees and expenses 11928
of financial advisers and consultants in connection therewith, 11929
interest on obligations from the date thereof to the time when 11930
interest is to be covered by available receipts or other sources 11931
other than proceeds of those obligations, amounts necessary to 11932
establish reserves as required by the bond proceedings, costs of 11933
audits, the reimbursements of all moneys advanced or applied by or 11934
borrowed from the community or technical college, community or 11935
technical college district, or others, from whatever source 11936
provided, including any temporary advances from state 11937
appropriations, for the payment of any item or items of cost of 11938
community or technical college facilities, and all other expenses 11939
necessary or incident to planning or determining feasibility or 11940
practicability with respect to such facilities, and such other 11941
expenses as may be necessary or incident to the acquisition, 11942
construction, reconstruction, rehabilitation, remodeling, 11943
renovation, enlargement, improvement, equipment, and furnishing of 11944
community or technical college capital facilities, the financing 11945
thereof and the placing of them in use and operation, including 11946
any one, part of, or combination of such classes of costs and 11947
expenses.11948

       (5) "Capital facilities" includes community or technical 11949
college capital facilities.11950

       (6) "Obligations" has the same meaning as in section 154.01 11951
or 3345.12 of the Revised Code, as the context requires.11952

       (B) The issuing authority is authorized to issue revenue 11953
obligations under Section 2i of Article VIII, Ohio Constitution, 11954
on behalf of a community or technical college district and shall 11955
cause the net proceeds thereof, after any deposits of accrued 11956
interest for the payment of bond service charges and after any 11957
deposit of all or such lesser portion as the issuing authority may 11958
direct of the premium received upon the sale of those obligations 11959
for the payment of the bond service charges, to be applied to the 11960
cost of community or technical college capital facilities, 11961
provided that the issuance of such obligations is subject to the 11962
execution of a written agreement in accordance with division (C) 11963
of section 3333.90 of the Revised Code for the withholding and 11964
depositing of funds otherwise due the district, or the college it 11965
operates, in respect of its allocated state share of instruction.11966

       (C) The bond service charges and all other payments required 11967
to be made by the trust agreement or indenture securing the 11968
obligations shall be payable solely from available community or 11969
technical college receipts pledged thereto as provided in the 11970
resolution. The available community or technical college receipts 11971
pledged and thereafter received by the commission are immediately 11972
subject to the lien of such pledge without any physical delivery 11973
thereof or further act, and the lien of any such pledge is valid 11974
and binding against all parties having claims of any kind against 11975
the authority, irrespective of whether those parties have notice 11976
thereof, and creates a perfected security interest for all 11977
purposes of Chapter 1309. of the Revised Code and a perfected lien 11978
for purposes of any real property interest, all without the 11979
necessity for separation or delivery of funds or for the filing or 11980
recording of the resolution, trust agreement, indenture, or other 11981
agreement by which such pledge is created or any certificate, 11982
statement, or other document with respect thereto; and the pledge 11983
of such available community or technical college receipts is 11984
effective and the money therefrom and thereof may be applied to 11985
the purposes for which pledged. Every pledge, and every covenant 11986
and agreement made with respect to the pledge, made in the 11987
resolution may therein be extended to the benefit of the owners 11988
and holders of obligations authorized by this section, and to any 11989
trustee therefor, for the further securing of the payment of the 11990
bond service charges, and all or any rights under any agreement or 11991
lease made under this section may be assigned for such purpose.11992

       (D) This section is to be applied with other applicable 11993
provisions of this chapter.11994

       Sec. 164.02.  (A) There is hereby created the Ohio public 11995
works commission consisting of seven members who shall be 11996
appointed as follows: two persons shall be appointed by the 11997
speaker of the house of representatives; one person shall be 11998
appointed by the minority leader of the house of representatives; 11999
two persons shall be appointed by the president of the senate; one 12000
person shall be appointed by the minority leader of the senate; 12001
and one person from the private sector, who shall have at least 12002
eight years experience in matters of public finance, shall be 12003
appointed alternately by the speaker of the house of 12004
representatives and the president of the senate, with the speaker 12005
of the house making the first appointment. The director of 12006
transportation, the director of environmental protection, the 12007
director of development, the director of natural resources, and 12008
the chairperson of the Ohio water development authority shall be 12009
nonvoting, ex officio members of the commission. The initial 12010
appointments made to the commission by the minority leaders of the 12011
senate and house of representatives and one of the initial 12012
appointments made by the speaker of the house of representatives 12013
and the president of the senate shall be for terms ending December 12014
31, 1989; one of the initial appointments made by the speaker of 12015
the house of representatives and the president of the senate shall 12016
be for terms ending December 31, 1990; and the initial term of the 12017
appointment to the commission that is alternately made by the 12018
speaker of the house of representatives and the president of the 12019
senate shall be for a term ending December 31, 1989. Thereafter, 12020
terms of office shall be for three years, each term ending on the 12021
same day of the same month of the year as did the term which it 12022
succeeds. Each member shall hold office from the date of 12023
appointment until the end of the term for which the member is 12024
appointed. Members may be reappointed one time. Vacancies shall be 12025
filled in the same manner provided for original appointments. Any 12026
member appointed to fill a vacancy occurring prior to the 12027
expiration date of the term for which the member's predecessor was 12028
appointed shall hold office for the remainder of that term. A 12029
member shall continue in office subsequent to the expiration date 12030
of the member's term until the member's successor takes office or 12031
until a period of sixty days has elapsed, whichever occurs first.12032

       The commission shall elect a chairperson, vice-chairperson, 12033
and other officers as it considers advisable. Four members 12034
constitute a quorum. Members of the commission shall serve without 12035
compensation but shall be reimbursed for their actual and 12036
necessary expenses incurred in the performance of their duties.12037

       (B) The Ohio public works commission shall:12038

       (1) Review and evaluate persons who will be recommended to 12039
the governor for appointment to the position of director of the 12040
Ohio public works commission, and, when the commission considers 12041
it appropriate, recommend the removal of a director;12042

       (2) Provide the governor with a list of names of three 12043
persons who are, in the judgment of the commission, qualified to 12044
be appointed to the position of director. The commission shall 12045
provide the list, which may include the name of the incumbent 12046
director to the governor, not later than sixty days prior to the 12047
expiration of the term of such incumbent director. A director 12048
shall serve a two-year term upon initial appointment, and 12049
four-year terms if subsequently reappointed by the governor; 12050
however, the governor may remove a director at any time following 12051
the commission's recommendation of such action. Upon the 12052
expiration of a director's term, or in the case of the 12053
resignation, death, or removal of a director, the commission shall 12054
provide such list of the names of three persons to the governor 12055
within thirty days of such expiration, resignation, death, or 12056
removal. Nothing in this section shall prevent the governor, in 12057
the governor's discretion, from rejecting all of the nominees of 12058
the commission and requiring the commission to select three 12059
additional nominees. However, when the governor has requested and 12060
received a second list of three additional names, the governor 12061
shall make the appointment from one of the names on the first list 12062
or the second list. Appointment by the governor is subject to the 12063
advice and consent of the senate.12064

       In the case of the resignation, removal, or death of the 12065
director during the director's term of office, a successor shall 12066
be chosen for the remainder of the term in the same manner as is 12067
provided for an original appointment.12068

       (3) Provide oversight to the director and advise in the 12069
development of policy guidelines for the implementation of this 12070
chapter, and report and make recommendations to the general 12071
assembly with respect to such implementation;12072

       (4) Adopt bylaws to govern the conduct of the commission's 12073
business;12074

       (5) Appoint the members of the Ohio small government capital 12075
improvements commission in accordance with division (C) of this 12076
section.12077

       (C)(1) There is hereby created the Ohio small government 12078
capital improvements commission. The commission shall consist of 12079
ten members, including the director of transportation, the 12080
director of environmental protection, and the chairperson of the 12081
Ohio water development authority as nonvoting, ex officio members 12082
and seven voting members appointed by the Ohio public works 12083
commission. Each such appointee shall be a member of a district 12084
public workslocal government integrating and innovation committee 12085
who was appointed to the integrating and innovation committee 12086
pursuant to the majority vote of the chief executive officers of 12087
the villages of the appointee's district or by a majority of the 12088
boards of township trustees of the appointee's district.12089

       (2) Two of the initial appointments shall be for terms ending 12090
two years after March 29, 1988. The remaining initial appointments 12091
shall be for terms ending three years after March 29, 1988. 12092
Thereafter, terms of office shall be for two years, with each term 12093
ending on the same date of the same month as did the term that it 12094
succeeds. Each member shall hold office from the date of 12095
appointment until the end of the term for which the member is 12096
appointed. Vacancies shall be filled in the same manner as 12097
original appointments. Any member appointed to fill a vacancy 12098
occurring prior to the expiration date of the term for which the 12099
member's predecessor was appointed shall hold office as a member 12100
for the remainder of that term. A member shall continue in office 12101
subsequent to the expiration of the member's term until the 12102
member's successor takes office or until a period of sixty days 12103
has elapsed, whichever occurs first. Members of the commission may 12104
be reappointed to serve two additional terms, except that no 12105
member appointed to an initial term of three years may be 12106
reappointed to more than one additional term. No more than two 12107
members of the commission may be members of the same district 12108
public workslocal government integrating and innovation12109
committee.12110

       (3) The Ohio small government capital improvements commission 12111
shall elect one of its appointed members as chairperson and 12112
another as vice-chairperson. Four voting members of the commission 12113
constitute a quorum, and the affirmative vote of four appointed 12114
members is required for any action taken by vote of the 12115
commission. No vacancy in the membership of the commission shall 12116
impair the right of a quorum by an affirmative vote of four 12117
appointed members to exercise all rights and perform all duties of 12118
the commission. Members of the commission shall serve without 12119
compensation, but shall be reimbursed for their actual and 12120
necessary expenses incurred in the performance of their duties.12121

       (D) The Ohio small government capital improvements commission 12122
shall:12123

       (1) Advise the general assembly on the development of policy 12124
guidelines for the implementation of this chapter, especially as 12125
it relates to the interests of small governments and the use of 12126
the portion of bond proceeds set aside for the exclusive use of 12127
townships and villages;12128

       (2) Advise the township and village subcommittees of the 12129
various district public workslocal government integrating and 12130
innovation committees concerning the selection of projects for 12131
which the use of such proceeds will be authorized;12132

       (3) Affirm or overrule the recommendations of its 12133
administrator made in accordance with section 164.051 of the 12134
Revised Code concerning requests from townships and villages for 12135
financial assistance for capital improvement projects.12136

       (E) Membership on the Ohio public works commission or the 12137
Ohio small government capital improvements commission does not 12138
constitute the holding of a public office. No appointed member 12139
shall be required, by reason of section 101.26 of the Revised 12140
Code, to resign from or forfeit membership in the general 12141
assembly.12142

       Notwithstanding any provision of law to the contrary, a 12143
county, municipal, or township public official may serve as a 12144
member of the Ohio public works commission or the Ohio small 12145
government capital improvements commission.12146

       Members of the commissions established by this section do not 12147
have an unlawful interest in a public contract under section 12148
2921.42 of the Revised Code solely by virtue of the receipt of 12149
financial assistance under this chapter by the local subdivision 12150
of which they are also a public official or appointee.12151

       (F) The director of the Ohio public works commission shall 12152
administer the small counties capital improvement program, which 12153
is hereby created. The program shall provide financial assistance 12154
to county governments of counties that have a population of less 12155
than eighty-five thousand according to the most recent decennial 12156
census. Under the program, the director shall review and may 12157
approve projects submitted by subcommittees of district public 12158
workslocal government integrating and innovation committees under 12159
division (E) of section 164.06 of the Revised Code. In approving 12160
projects, the director shall be guided by the provisions of 12161
division (B) of that section, while taking into consideration the 12162
special capital improvement needs of small counties.12163

       Sec. 164.04.  (A) In each of the districts created in section 12164
164.03 of the Revised Code, a district public workslocal 12165
government integrating and innovation committee shall be 12166
established as follows:12167

       (1) In district one, the district committee shall consist of 12168
seven members appointed as follows: two members shall be appointed 12169
by the board of county commissioners or the chief executive 12170
officer of the county; two members shall be appointed by the chief 12171
executive officer of the most populous municipal corporation in 12172
the district; two members shall be appointed by a majority of the 12173
chief executive officers of the other municipal corporations 12174
located within the district; and one member, who shall have 12175
experience in local infrastructure planning and economic 12176
development and who shall represent the interests of private 12177
industry within the district, shall be appointed by a majority of 12178
the members of the district committee or their alternates. Except 12179
with respect to the selection of the private sector member of the 12180
committee, the affirmative vote of at least five committee members 12181
or their alternates is required for any action taken by a vote of 12182
the committee.12183

       (2) In district two, the district committee shall consist of 12184
nine members appointed as follows: two members shall be appointed 12185
by the board of county commissioners; three members shall be 12186
appointed by the chief executive officer of the most populous 12187
municipal corporation in the district; two members shall be 12188
appointed by a majority of the other chief executive officers of 12189
municipal corporations in the district; and two members shall be 12190
appointed by a majority of the boards of township trustees in the 12191
district. Of the members appointed by the board of county 12192
commissioners, one member shall have experience in local 12193
infrastructure planning and economic development, and one member 12194
shall be either a county commissioner or a county engineer of the 12195
district. The affirmative vote of at least seven members of the 12196
committee or their alternates is required for any action taken by 12197
a vote of the committee.12198

       (3) In districts three, four, eight, twelve, and nineteen, 12199
the district committee shall consist of nine members appointed as 12200
follows: two members shall be appointed by the board of county 12201
commissioners or by the chief executive officer of the county; two 12202
members shall be appointed by the chief executive officer of the 12203
most populous municipal corporation located within the district; 12204
two members shall be appointed by a majority of the other chief 12205
executive officers of the municipal corporations located in the 12206
district; two members shall be appointed by a majority of the 12207
boards of township trustees located in the district; and one 12208
member, who shall have experience in local infrastructure planning 12209
and economic development and who shall represent the interests of 12210
private industry within the district, shall be appointed by a 12211
majority of the members of the committee or their alternates. 12212
Except with respect to the selection of the private sector member 12213
of the committee, the affirmative vote of at least seven committee 12214
members or their alternates is required for any action taken by a 12215
vote of the committee.12216

       (4) In district six, the district committee shall consist of 12217
nine members appointed as follows: one member shall be appointed 12218
by the board of county commissioners of each county in the 12219
district; one member shall be appointed by the chief executive 12220
officer of the most populous municipal corporation in each county 12221
in the district; one member shall be appointed alternately by a 12222
majority of the chief executives of the municipal corporations, 12223
other than the largest municipal corporation, within one of the 12224
counties of the district; and one member shall be appointed 12225
alternately by a majority of the boards of township trustees 12226
within one of the counties in the district. The two persons who 12227
are the county engineers of the counties in the district also 12228
shall be members of the committee. At least six of these members 12229
or their alternates shall agree upon the appointment to the 12230
committee of a private sector person who shall have experience in 12231
local infrastructure planning and economic development. The 12232
affirmative vote of seven committee members or their alternates is 12233
required for any action taken by a vote of the committee.12234

       The first appointment to the committee made by the majority 12235
of the boards of township trustees of a county shall be made by 12236
the boards of township trustees located in the least populous 12237
county of the district, and the first appointment made by the 12238
majority of the chief executives of municipal corporations, other 12239
than the largest municipal corporation, of a county shall be made 12240
by the chief executives of municipal corporations, other than the 12241
largest municipal corporation, from the most populous county in 12242
the district.12243

       Notwithstanding division (C) of this section, the members of 12244
the district committee appointed alternately by a majority of the 12245
chief executive officers of municipal corporations, other than the 12246
largest municipal corporation, of a county and a majority of 12247
boards of township trustees of a county shall serve five-year 12248
terms.12249

       (5) In districts seven, nine, and ten, the district committee 12250
shall consist of two members appointed by the board of county 12251
commissioners of each county in the district, two members 12252
appointed by a majority of the chief executive officers of all 12253
cities within each county in the district, three members appointed 12254
by a majority of the boards of township trustees of all townships 12255
in the district, three members appointed by a majority of chief 12256
executive officers of all villages in the district, one member who 12257
is appointed by a majority of the county engineers in the district 12258
and who shall be a county engineer, and one member, who shall have 12259
experience in local infrastructure planning and economic 12260
development, shall be appointed by a majority of all other 12261
committee members or their alternates. If there is a county in the 12262
district in which there are no cities, the member that is to be 12263
appointed by the chief executive officers of the cities within 12264
that county shall be appointed by the chief executive officer of 12265
the village with the largest population in that county.12266

       (6) In districts five, eleven, and thirteen through eighteen, 12267
the members of each district committee shall be appointed as 12268
follows: one member shall be appointed by each board of county 12269
commissioners; one member shall be appointed by the majority of 12270
the chief executive officers of the cities located in each county; 12271
three members shall be appointed by a majority of the chief 12272
executive officers of villages located within the district; three 12273
members shall be appointed by a majority of the boards of township 12274
trustees located within the district; one member shall be 12275
appointed by a majority of the county engineers of the district 12276
and shall be a county engineer; and one member, who shall have 12277
experience in local infrastructure planning and economic 12278
development and who shall represent the interests of private 12279
industry within the district, shall be appointed by a majority of 12280
the members of the committee or their alternates. If there is a 12281
county in the district in which there are no cities, the member 12282
that is to be appointed by the chief executive officers of the 12283
cities within that county shall be appointed by the chief 12284
executive officer of the village with the largest population in 12285
that county.12286

       (7) In districts five, seven, nine, ten, eleven, thirteen, 12287
fourteen, sixteen, and seventeen organized in accordance with 12288
divisions (A)(5) and (6) of this section, a nine-member executive 12289
committee shall be established that shall include at least one of 12290
the persons appointed to the district committee by the chief 12291
executive officers of the villages within the district, at least 12292
one of the persons appointed to the district committee by the 12293
boards of township trustees within the district, the person 12294
appointed to the district committee to represent the interests of 12295
private industry, and six additional district committee members 12296
selected to serve on the executive committee by a majority of the 12297
members of the district committee or their alternates, except that 12298
not more than three persons who were appointed to the district 12299
committee by a board of county commissioners and not more than 12300
three persons who were appointed to the district committee by the 12301
chief executives of the cities located in the district shall serve 12302
on the executive committee.12303

       (8) In districts fifteen and eighteen organized in accordance 12304
with division (A)(6) of this section, an eleven-member executive 12305
committee shall be established that shall include at least one of 12306
the persons appointed to the district committee by the chief 12307
executive officers of the villages within the district, at least 12308
one of the persons appointed to the district committee by the 12309
boards of township trustees within the district, the person 12310
appointed to the district committee to represent the interests of 12311
private industry, and eight additional district committee members 12312
selected to serve on the executive committee by a majority of the 12313
members of the district committee or their alternates, except that 12314
not more than four persons who were appointed to the district 12315
committee by a board of county commissioners and not more than 12316
four persons who were appointed to the district committee by the 12317
chief executives of the cities located in the district shall serve 12318
on the executive committee. No more than two persons from each 12319
county shall be on the executive committee.12320

       All decisions of a district committee required to be 12321
organized in accordance with divisions (A)(5) and (6) of this 12322
section shall be approved by its executive committee. The 12323
affirmative vote of at least seven executive committee members or 12324
their alternates for executive committees formed under division 12325
(A)(7) of this section and at least nine members or their 12326
alternates for executive committees formed under division (A)(8) 12327
of this section is required for any action taken by vote of the 12328
executive committee, except that any decision of the executive 12329
committee may be rejected by a vote of at least two-thirds of the 12330
full membership of the district committee within thirty days of 12331
the executive committee action. Only projects approved by the 12332
executive committee may be submitted to the director of the Ohio 12333
public works commission pursuant to section 164.05 of the Revised 12334
Code.12335

       (B) Appointing authorities that appoint district committee 12336
members also may appoint an alternate for each committee member 12337
appointed under divisions (A)(1) to (6) of this section. If a 12338
district committee member is absent from a district or executive 12339
committee or subcommittee meeting, the alternate has the right to 12340
vote and participate in all proceedings and actions at that 12341
meeting.12342

       (C) Terms of office for members of district committees and 12343
their alternates shall be for three years, with each term ending 12344
on the same day of the same month as did the term that it 12345
succeeds. Each member and that member's alternate shall hold 12346
office from the date of appointment until the end of the term for 12347
which the member is appointed, except that, with respect to any 12348
member who was an elected or appointed official of a township, 12349
county, or municipal corporation or that member's alternate, the 12350
term of office for that person under this section shall not extend 12351
beyond the member's term as an elected or appointed official 12352
unless the member was appointed by a group of officials of more 12353
than one political subdivision or the members of the district 12354
committee, in which case the member's alternate shall continue to 12355
serve for the full term. Members and their alternates may be 12356
reappointed. Vacancies shall be filled in the same manner provided 12357
for original appointments. Any member or that member's alternate 12358
appointed to fill a vacancy occurring prior to the expiration date 12359
of the term for which the member's or alternate's predecessor was 12360
appointed shall hold office for the remainder of that term. A 12361
member or that member's alternate shall continue in office 12362
subsequent to the expiration date of the member's or alternate's 12363
term until the member's or alternate's successor takes office or 12364
until a period of sixty days has elapsed, whichever occurs first. 12365
Each district public workslocal government integrating and 12366
innovation committee shall elect a chairperson, vice-chairperson, 12367
and other officers it considers advisable.12368

       (D) For purposes of this chapter, if a subdivision is located 12369
in more than one county or in more than one district, the 12370
subdivision shall be deemed to be a part of the county or district 12371
in which the largest number of its population is located. However, 12372
if after a decennial census the change in a subdivision's 12373
population would result in the subdivision becoming part of a 12374
different county or district, the legislative authority of the 12375
subdivision may, by resolution, choose to remain a part of the 12376
county or district of which the subdivision was originally deemed 12377
to be a part. Such a decision is not revocable unless similar 12378
conditions arise following the next decennial census.12379

       (E) Notwithstanding any provision of law to the contrary, a 12380
county, municipal, or township public official may serve as a 12381
member of a district public workslocal government integrating and 12382
innovation committee.12383

       (F) A member of a district committee or that member's 12384
alternate does not have an unlawful interest in a public contract 12385
under section 2921.42 of the Revised Code solely by virtue of the 12386
receipt of financial assistance under this chapter by the local 12387
subdivision of which the member or that member's alternate is also 12388
a public official or appointee.12389

       Sec. 164.05.  (A) The director of the Ohio public works 12390
commission shall do all of the following:12391

       (1) Approve requests for financial assistance from district 12392
public workslocal government integrating and innovation12393
committees and enter into agreements with one or more local 12394
subdivisions to provide loans, grants, and local debt support and 12395
credit enhancements for a capital improvement project if the 12396
director determines that:12397

       (a) The project is an eligible project pursuant to this 12398
chapter;12399

       (b) The financial assistance for the project has been 12400
properly approved and requested by the district committee of the 12401
district which includes the recipient of the loan or grant;12402

       (c) The amount of the financial assistance, when added to all 12403
other financial assistance provided during the fiscal year for 12404
projects within the district, does not exceed that district's 12405
allocation of money from the state capital improvements fund for 12406
that fiscal year;12407

       (d) The district committee has provided such documentation 12408
and other evidence as the director may require that the district 12409
committee has satisfied the requirements of section 164.06 or 12410
164.14 of the Revised Code;12411

       (e) The portion of a district's annual allocation which the 12412
director approves in the form of loans and local debt support and 12413
credit enhancements for eligible projects is consistent with 12414
divisions (E) and (F) of this section.12415

       (2) Authorize payments to local subdivisions or their 12416
contractors for costs incurred for capital improvement projects 12417
which have been approved pursuant to this chapter. All requests 12418
for payments shall be submitted to the director on forms and in 12419
accordance with procedures specified in rules adopted by the 12420
director pursuant to division (A)(4) of this section.12421

       (3) Retain the services of or employ financial consultants, 12422
engineers, accountants, attorneys, and such other employees as the 12423
director determines are necessary to carry out the director's 12424
duties under this chapter and fix the compensation for their 12425
services;12426

       (4) Adopt rules establishing the procedures for making 12427
applications, reviewing, approving, and rejecting projects for 12428
which assistance is authorized under this chapter, and any other 12429
rules needed to implement the provisions of this chapter. Such 12430
rules shall be adopted under Chapter 119. of the Revised Code.12431

       (5) Provide information and other assistance to local 12432
subdivisions and district public workslocal government12433
integrating and innovation committees in developing their requests 12434
for financial assistance for capital improvements under this 12435
chapter and encourage cooperation and coordination of requests and 12436
the development of multisubdivision and multidistrict projects in 12437
order to maximize the benefits that may be derived by districts 12438
from each year's allocation;12439

       (6) Require local subdivisions, to the extent practicable, to 12440
use Ohio products, materials, services, and labor in connection 12441
with any capital improvement project financed in whole or in part 12442
under this chapter;12443

       (7) Notify the director of budget and management of all 12444
approved projects, and supply all information necessary to track 12445
approved projects through the state accounting system;12446

       (8) Appoint the administrator of the Ohio small government 12447
capital improvements commission;12448

       (9) Do all other acts, enter into contracts, and execute all 12449
instruments necessary or appropriate to carry out this chapter;12450

       (10) Develop a standardized methodology for evaluating 12451
capital improvement needs which will be used by local subdivisions 12452
in preparing the plans required by division (C) of section 164.06 12453
of the Revised Code. The director shall develop this methodology 12454
not later than July 1, 1991.12455

       (11) Establish a program to provide local subdivisions with 12456
technical assistance in preparing project applications. The 12457
program shall be designed to assist local subdivisions that lack 12458
the financial or technical resources to prepare project 12459
applications on their own.12460

       (B) When the director of the Ohio public works commission 12461
decides to conditionally approve or disapprove projects, the 12462
director's decisions and the reasons for which they are made shall 12463
be made in writing. These written decisions shall be conclusive 12464
for the purposes of the validity and enforceability of such 12465
determinations.12466

       (C) Fees, charges, rates of interest, times of payment of 12467
interest and principal, and other terms, conditions, and 12468
provisions of and security for financial assistance provided 12469
pursuant to the provisions of this chapter shall be such as the 12470
director determines to be appropriate. If any payments required by 12471
a loan agreement entered into pursuant to this chapter are not 12472
paid, the funds which would otherwise be apportioned to the local 12473
subdivision from the county undivided local government fund, 12474
pursuant to sections 5747.51 to 5747.53 of the Revised Code, may, 12475
at the direction of the director of the Ohio public works 12476
commission, be reduced by the amount payable. The county treasurer 12477
shall, at the direction of the director, pay the amount of such 12478
reductions to the state capital improvements revolving loan fund. 12479
The director may renegotiate a loan repayment schedule with a 12480
local subdivision whose payments from the county undivided local 12481
government fund could be reduced pursuant to this division, but 12482
such a renegotiation may occur only one time with respect to any 12483
particular loan agreement.12484

       (D) Grants approved for the repair and replacement of 12485
existing infrastructure pursuant to this chapter shall not exceed 12486
ninety per cent of the estimated total cost of the capital 12487
improvement project. Grants approved for new or expanded 12488
infrastructure shall not exceed fifty per cent of the estimated 12489
cost of the new or expansion elements of the capital improvement 12490
project. A local subdivision share of the estimated cost of a 12491
capital improvement may consist of any of the following:12492

       (1) The reasonable value, as determined by the director or 12493
the administrator, of labor, materials, and equipment that will be 12494
contributed by the local subdivision in performing the capital 12495
improvement project;12496

       (2) Moneys received by the local subdivision in any form from 12497
an authority, commission, or agency of the United States for use 12498
in performing the capital improvement project;12499

       (3) Loans made to the local subdivision under this chapter;12500

       (4) Engineering costs incurred by the local subdivision in 12501
performing engineering activities related to the project.12502

       A local subdivision share of the cost of a capital 12503
improvement shall not include any amounts awarded to it from the 12504
local transportation improvement program fund created in section 12505
164.14 of the Revised Code.12506

       (E) The following portion of a district public workslocal 12507
government integrating and innovation committee's annual 12508
allocation share pursuant to section 164.08 of the Revised Code 12509
may be awarded to subdivisions only in the form of interest-free, 12510
low-interest, market rate of interest, or blended-rate loans:12511

YEAR IN WHICH PORTION USED FOR 12512
MONEYS ARE ALLOCATED LOANS 12513
Year 1 0% 12514
Year 2 0% 12515
Year 3 10% 12516
Year 4 12% 12517
Year 5 15% 12518
Year 6 20% 12519
Year 7, 8, 9, and 10 22% 12520

       (F) The following portion of a district public workslocal 12521
government integrating and innovation committee's annual 12522
allocation pursuant to section 164.08 of the Revised Code shall be 12523
awarded to subdivisions in the form of local debt supported and 12524
credit enhancements:12525

PORTIONS USED FOR 12526
YEAR IN WHICH LOCAL DEBT SUPPORT 12527
MONEYS ARE ALLOCATED AND CREDIT ENHANCEMENTS 12528
Year 1 0% 12529
Year 2 0% 12530
Year 3 3% 12531
Year 4 5% 12532
Year 5 5% 12533
Year 6 7% 12534
Year 7 7% 12535
Year 8 8% 12536
Year 9 8% 12537
Year 10 8% 12538

       (G) For the period commencing on March 29, 1988 and ending on 12539
June 30, 1993, for the period commencing July 1, 1993, and ending 12540
June 30, 1999, and for each five-year period thereafter, the total 12541
amount of financial assistance awarded under sections 164.01 to 12542
164.08 of the Revised Code for capital improvement projects 12543
located wholly or partially within a county shall be equal to at 12544
least thirty per cent of the amount of what the county would have 12545
been allocated from the obligations authorized to be sold under 12546
this chapter during each period, if such amounts had been 12547
allocable to each county on a per capita basis.12548

       (H) The amount of the annual allocations made pursuant to 12549
divisions (B)(1) and (6) of section 164.08 of the Revised Code 12550
which can be used for new or expanded infrastructure is limited as 12551
follows:12552

PORTION WHICH MAY 12553
YEAR IN WHICH BE USED FOR NEW OR 12554
MONEYS ARE ALLOCATED EXPANSION INFRASTRUCTURE 12555
Year 1 5% 12556
Year 2 5% 12557
Year 3 10% 12558
Year 4 10% 12559
Year 5 10% 12560
Year 6 15% 12561
Year 7 15% 12562
Year 8 20% 12563
Year 9 20% 12564
Year 10 and each year 12565
thereafter 20% 12566

       (I) The following portion of a district public workslocal 12567
government integrating and innovation committee's annual 12568
allocation share pursuant to section 164.08 of the Revised Code 12569
shall be awarded to subdivisions in the form of interest-free, 12570
low-interest, market rate of interest, or blended-rate loans, or 12571
local debt support and credit enhancements:12572

PORTION USED FOR LOANS 12573
YEAR IN WHICH OR LOCAL DEBT SUPPORT 12574
MONEYS ARE ALLOCATED AND CREDIT ENHANCEMENTS 12575
Year 11 and each year 12576
thereafter 20% 12577

       (J) No project shall be approved under this section unless 12578
the project is designed to have a useful life of at least seven 12579
years. In addition, the average useful life of all projects for 12580
which grants or loans are awarded in each district during a 12581
program year shall not be less than twenty years.12582

       Sec. 164.051.  (A) The administrator of the Ohio small 12583
government capital improvements commission shall review projects 12584
submitted to himthe administrator by subcommittees of district 12585
public workslocal government integrating and innovation12586
committees in accordance with section 164.06 of the Revised Code. 12587
If hethe administrator determines that a project satisfies the 12588
criteria of division (B) of that section, while taking into 12589
consideration the special needs of villages and townships, the 12590
administrator shall recommend to the Ohio small government capital 12591
improvements commission that the project be approved. If hethe 12592
administrator determines that a project should not be approved or 12593
that a decision on the project should be delayed, such 12594
determinations and an explanation should also be sent to the Ohio 12595
small government capital improvements commission for final 12596
resolution.12597

       (B) With respect to projects which the Ohio small government 12598
capital improvements commission approves, the administrator is 12599
authorized to:12600

       (1) Enter into agreements to provide financial assistance in 12601
the form of loans, grants, or local debt support and credit 12602
enhancements to villages or townships with populations in the 12603
unincorporated areas of the township of less than five thousand;12604

       (2) Authorize payments to such villages or townships or their 12605
contractors for the costs incurred for capital improvement 12606
projects which have been approved in accordance with this chapter. 12607
All requests for payments shall be submitted to the administrator 12608
on forms and in accordance with procedures specified in rules 12609
adopted pursuant to division (A)(4) of section 164.05 of the 12610
Revised Code.12611

       (3) Notify the director of budget and management of all 12612
approved projects, and supply all information necessary to track 12613
the approved projects through the state accounting system.12614

       (4) Do all other acts and enter into contracts and execute 12615
all instruments necessary or appropriate to carry out this 12616
section.12617

       (C) Fees, charges, rates of interest, times of payment of 12618
interest and principal, and other terms, conditions, and 12619
provisions of and security for financial assistance provided 12620
pursuant to the provisions of this section shall be such as the 12621
administrator determines to be appropriate. If any payments 12622
required by a loan agreement entered into pursuant to this section 12623
are not paid, the funds which would otherwise be apportioned to 12624
the local subdivision from the county undivided local government 12625
fund, pursuant to sections 5747.51 to 5747.53 of the Revised Code, 12626
may, at the direction of the Ohio small government capital 12627
improvements commission, be reduced by the amount payable. The 12628
county treasurer shall, at the direction of the commission, pay 12629
the amount of such reductions to the state capital improvements 12630
revolving loan fund. Subject to the approval of the Ohio small 12631
government capital improvements commission, the administrator may 12632
renegotiate a loan repayment schedule with a local subdivision 12633
whose payments from the county undivided local government fund 12634
could be reduced pursuant to this division, but such a 12635
renegotiation may occur only one time with respect to any 12636
particular loan agreement.12637

       Sec. 164.06.  (A) Each district public workslocal government12638
integrating and innovation committee shall evaluate materials 12639
submitted to it by the local subdivisions located in the district 12640
concerning capital improvements for which assistance is sought 12641
from the state capital improvements fund and shall, pursuant to 12642
division (B) of this section, select the requests for financial 12643
assistance that will be formally submitted by the district to the 12644
director of the Ohio public works commission. In order to provide 12645
for the efficient use of the district's state capital improvements 12646
fund allocation each year, a district committee shall assist its 12647
subdivisions in the preparation and coordination of project plans.12648

       (B) In selecting the requests for assistance for capital 12649
improvement projects which will be submitted to the director, and 12650
in determining the nature, amount, and terms of the assistance 12651
that will be requested, a district public workslocal government12652
integrating and innovation committee shall give priority to 12653
capital improvement projects for the repair or replacement of 12654
existing infrastructure and which would be unlikely to be 12655
undertaken without assistance under this chapter, and shall 12656
specifically consider all of the following factors:12657

       (1) The infrastructure repair and replacement needs of the 12658
district;12659

       (2) The age and condition of the system to be repaired or 12660
replaced;12661

       (3) Whether the project would generate revenue in the form of 12662
user fees or assessments;12663

       (4) The importance of the project to the health and safety of 12664
the citizens of the district;12665

       (5) The cost of the project and whether it is consistent with 12666
division (G) of section 164.05 of the Revised Code and the 12667
district's allocation for grants, loans, and local debt support 12668
and credit enhancements for that year;12669

       (6) The effort and ability of the benefited local 12670
subdivisions to assist in financing the project;12671

       (7) The availability of federal or other funds for the 12672
project;12673

       (8) The overall economic health of the particular local 12674
subdivision;12675

       (9) The adequacy of the planning for the project and the 12676
readiness of the applicant to proceed should the project be 12677
approved;12678

       (10) Any other factors relevant to a particular project.12679

       (C) Prior to filing an application with its district public 12680
workslocal government integrating and innovation committee for 12681
assistance in financing a capital improvement project under this 12682
section, a local subdivision shall conduct a study of its existing 12683
capital improvements, the condition of those improvements, and the 12684
projected capital improvement needs of the subdivision in the 12685
ensuing five-year period. After completing this study, the 12686
subdivision shall compile a report that includes an inventory of 12687
its existing capital improvements, a plan detailing the capital 12688
improvement needs of the subdivision in the ensuing five-year 12689
period, and a list of the subdivision's priorities with respect to 12690
addressing those needs. Each year, the report shall be reviewed 12691
and updated by the subdivision to reflect capital improvement 12692
projects undertaken or completed in the past year and any changes 12693
in the subdivision's plan or priorities. The report and annual 12694
updates shall be made available upon request to the Ohio public 12695
works commission, the Ohio small government capital improvements 12696
commission, and the district public workslocal government12697
integrating and innovation committee of the district of which the 12698
subdivision is a part.12699

       (D) In addition to reviewing and selecting the projects for 12700
which approval will be sought from the director of the Ohio public 12701
works commission for financial assistance from the state capital 12702
improvements fund, each district public workslocal government12703
integrating and innovation committee shall appoint a subcommittee 12704
of its members that will represent the interests of villages and 12705
townships and that will review and select the capital improvement 12706
projects which will be submitted by the subcommittee to the 12707
administrator of the Ohio small government capital improvements 12708
commission for consideration of assistance from the portion of the 12709
net proceeds of obligations issued and sold by the treasurer of 12710
state which is allocated pursuant to division (B)(1) of section 12711
164.08 of the Revised Code. In reviewing and approving the 12712
projects selected by its subcommittee, the administrator, and the 12713
Ohio small government capital improvements commission shall be 12714
guided by the provisions of division (B) of this section, and 12715
shall also take into account the fact that villages and townships 12716
may have different public infrastructure needs than larger 12717
subdivisions.12718

       (E) The district public workslocal government integrating 12719
and innovation committee for each district that includes at least 12720
one county with a population of less than eighty-five thousand 12721
according to the most recent decennial census shall appoint a 12722
subcommittee of its members for the purposes of the small counties 12723
capital improvement program created under division (F) of section 12724
164.02 of the Revised Code. The subcommittee shall select and 12725
submit to the director the projects that will be considered for 12726
assistance from the money allocated to the program under division 12727
(B)(4) of section 164.08 of the Revised Code.12728

       Sec. 164.08.  (A) Except as provided in sections 151.01 and 12729
151.08 or section 164.09 of the Revised Code, the net proceeds of 12730
obligations issued and sold by the treasurer of state pursuant to 12731
section 164.09 of the Revised Code before September 30, 2000, or 12732
pursuant to sections 151.01 and 151.08 of the Revised Code, for 12733
the purpose of financing or assisting in the financing of the cost 12734
of public infrastructure capital improvement projects of local 12735
subdivisions, as provided for in Section 2k, 2m, or 2p of Article 12736
VIII, Ohio Constitution, and this chapter, shall be paid into the 12737
state capital improvements fund, which is hereby created in the 12738
state treasury. Investment earnings on moneys in the fund shall be 12739
credited to the fund.12740

       (B) Beginning July 1, 2011, each program year the amount of 12741
obligations authorized by the general assembly in accordance with 12742
sections 151.01 and 151.08 or section 164.09 of the Revised Code, 12743
excluding the proceeds of refunding or renewal obligations, shall 12744
be allocated by the director of the Ohio public works commission 12745
as follows:12746

       (1) First, fifteen million dollars of the amount of 12747
obligations authorized shall be allocated to provide financial 12748
assistance to villages and to townships with populations in the 12749
unincorporated areas of the township of less than five thousand 12750
persons, for capital improvements in accordance with section 12751
164.051 and division (D) of section 164.06 of the Revised Code. As 12752
used in division (B)(1) of this section, "capital improvements" 12753
includes resurfacing and improving roads.12754

       (2) Following the allocation required by division (B)(1) of 12755
this section, the director may allocate three million dollars of 12756
the authorized obligations to provide financial assistance to 12757
local subdivisions for capital improvement projects which in the 12758
judgment of the director of the Ohio public works commission are 12759
necessary for the immediate preservation of the health, safety, 12760
and welfare of the citizens of the local subdivision requesting 12761
assistance.12762

       (3) For the second, third, fourth, and fifth years that 12763
obligations are authorized and are available for allocation under 12764
this chapter, one million dollars shall be allocated to the sewer 12765
and water fund created in section 1525.11 of the Revised Code. 12766
Money from this allocation shall be transferred to that fund when 12767
needed to support specific payments from that fund.12768

       (4) For program years twelve and fourteen that obligations 12769
are authorized and available for allocation under this chapter, 12770
two million dollars each program year shall be allocated to the 12771
small county capital improvement program for use in providing 12772
financial assistance under division (F) of section 164.02 of the 12773
Revised Code.12774

       (5) After the allocation required by division (B)(3) of this 12775
section is made, the director shall determine the amount of the 12776
remaining obligations authorized to be issued and sold that each 12777
county would receive if such amounts were allocated on a per 12778
capita basis each year. If a county's per capita share for the 12779
year would be less than three hundred thousand dollars, the 12780
director shall allocate to the district in which that county is 12781
located an amount equal to the difference between three hundred 12782
thousand dollars and the county's per capita share.12783

       (6) After making the allocation required by division (B)(5) 12784
of this section, the director shall allocate the remaining amount 12785
to each district on a per capita basis.12786

       (C)(1) There is hereby created in the state treasury the 12787
state capital improvements revolving loan fund, into which shall 12788
be deposited all repayments of loans made to local subdivisions 12789
for capital improvements pursuant to this chapter. Investment 12790
earnings on moneys in the fund shall be credited to the fund.12791

       (2) There may also be deposited in the state capital 12792
improvements revolving loan fund moneys obtained from federal or 12793
private grants, or from other sources, which are to be used for 12794
any of the purposes authorized by this chapter. Such moneys shall 12795
be allocated each year in accordance with division (B)(6) of this 12796
section.12797

       (3) Moneys deposited into the state capital improvements 12798
revolving loan fund shall be used to make loans for the purpose of 12799
financing or assisting in the financing of the cost of capital 12800
improvement projects of local subdivisions.12801

       (4) Investment earnings credited to the state capital 12802
improvements revolving loan fund that exceed the amounts required 12803
to meet estimated federal arbitrage rebate requirements shall be 12804
used to pay costs incurred by the public works commission in 12805
administering this section. Investment earnings credited to the 12806
state capital improvements revolving loan fund that exceed the 12807
amounts required to pay for the administrative costs and estimated 12808
rebate requirements shall be allocated to each district on a per 12809
capita basis.12810

       (5) Each program year, loan repayments received and on 12811
deposit in the state capital improvements revolving loan fund 12812
shall be allocated as follows:12813

       (a) Each district public workslocal government integrating 12814
and innovation committee shall be allocated an amount equal to the 12815
sum of all loan repayments made to the state capital improvements 12816
revolving loan fund by local subdivisions that are part of the 12817
district. Moneys not used in a program year may be used in the 12818
next program year in the same manner and for the same purpose as 12819
originally allocated.12820

       (b) Loan repayments made pursuant to projects approved under 12821
division (B)(1) of this section shall be used to make loans in 12822
accordance with section 164.051 and division (D) of section 164.06 12823
of the Revised Code. Allocations for this purpose made pursuant to 12824
division (C)(5) of this section shall be in addition to the 12825
allocation provided in division (B)(1) of this section.12826

       (c) Loan repayments made pursuant to projects approved under 12827
division (B)(2) of this section shall be used to make loans in 12828
accordance with division (B)(2) of this section. Allocations for 12829
this purpose made pursuant to division (C)(5) of this section 12830
shall be in addition to the allocation provided in division (B)(2) 12831
of this section.12832

       (d) Loans made from the state capital improvements revolving 12833
loan fund shall not be limited in their usage by divisions (E), 12834
(F), (G), (H), and (I) of section 164.05 of the Revised Code.12835

       (D) Investment earnings credited to the state capital 12836
improvements fund that exceed the amounts required to meet 12837
estimated federal arbitrage rebate requirements shall be used to 12838
pay costs incurred by the public works commission in administering 12839
sections 164.01 to 164.12 of the Revised Code.12840

       (E) The director of the Ohio public works commission shall 12841
notify the director of budget and management of the amounts 12842
allocated pursuant to this section and such information shall be 12843
entered into the state accounting system. The director of budget 12844
and management shall establish appropriation line items as needed 12845
to track these allocations.12846

       (F) If the amount of a district's allocation in a program 12847
year exceeds the amount of financial assistance approved for the 12848
district by the commission for that year, the remaining portion of 12849
the district's allocation shall be added to the district's 12850
allocation pursuant to division (B) of this section for the next 12851
succeeding year for use in the same manner and for the same 12852
purposes as it was originally allocated, except that any portion 12853
of a district's allocation which was available for use on new or 12854
expanded infrastructure pursuant to division (H) of section 164.05 12855
of the Revised Code shall be available in succeeding years only 12856
for the repair and replacement of existing infrastructure.12857

       (G) When an allocation based on population is made by the 12858
director pursuant to division (B) of this section, the director 12859
shall use the most recent decennial census statistics, and shall 12860
not make any reallocations based upon a change in a district's 12861
population.12862

       Sec. 164.14.  (A) The local transportation improvement 12863
program fund is hereby created in the state treasury. The fund 12864
shall consist of moneys credited to it pursuant to sections 117.16 12865
and 5735.23 of the Revised Code, and, subject to the limitations 12866
of section 5735.05 of the Revised Code, shall be used to make 12867
grants to local subdivisions for projects that have been approved 12868
by district public workslocal government integrating and 12869
innovation committees and the Ohio public works commission in 12870
accordance with this section. The fund shall be administered by 12871
the Ohio public works commission, and shall be allocated each 12872
fiscal year on a per capita basis to district public workslocal 12873
government integrating and innovation committees in accordance 12874
with the most recent decennial census statistics. Money in the 12875
fund may be used to pay reasonable costs incurred by the 12876
commission in administering this section. Investment earnings on 12877
moneys credited to the fund shall be retained by the fund.12878

       (B) Grants awarded under this section may provide up to one 12879
hundred per cent of the estimated total cost of the project.12880

       (C) No grant shall be awarded for a project under this 12881
section unless the project is designed to have a useful life of at 12882
least seven years, except that the average useful life of all such 12883
projects for which grants are awarded in each district during a 12884
fiscal year shall be not less than twenty years.12885

       (D) For the period beginning on July 1, 1989, and ending on 12886
June 30, 1994, and for each succeeding five-year period, at least 12887
one-third of the total amount of money allocated to each district 12888
from the local transportation improvement program fund shall be 12889
awarded as follows:12890

       (1) Forty-two and eight-tenths per cent for projects of 12891
municipal corporations;12892

       (2) Thirty-seven and two-tenths per cent for projects of 12893
counties;12894

       (3) Twenty per cent for projects of townships, except that 12895
the requirement of division (D)(3) of this section shall not apply 12896
in districts where the combined population of the townships in the 12897
district is less than five per cent of the population of the 12898
district.12899

       (E) Each district public workslocal government integrating 12900
and innovation committee shall review, and approve or disapprove 12901
requests submitted to it by local subdivisions for assistance from 12902
the local transportation improvement program fund. In reviewing 12903
projects submitted to it, a district public workslocal government 12904
integrating and innovation committee shall consider the following 12905
factors:12906

       (1) Whether the project is of critical importance to the 12907
safety of the residents of the local subdivision;12908

       (2) Whether the project would alleviate serious traffic 12909
problems or hazards or would respond to needs caused by rapid 12910
growth and development;12911

       (3) Whether the project would assist the local subdivision in 12912
attaining the transportation infrastructure needed to pursue 12913
significant and specific economic development opportunities;12914

       (4) The availability of other sources of funding for the 12915
project;12916

       (5) The adequacy of the planning for the project and the 12917
readiness of the local subdivision to proceed should the project 12918
be approved;12919

       (6) The local subdivision's ability to pay for and history of 12920
investing in bridge and highway improvements;12921

       (7) The impact of the project on the multijurisdictional 12922
highway and bridge needs of the district;12923

       (8) The requirements of divisions (A), (B), (C), and (D) of 12924
this section;12925

       (9) The condition of the infrastructure system proposed for 12926
improvement;12927

       (10) Any other factors related to the safety, orderly growth, 12928
or economic development of the district or local subdivision that 12929
the district public workslocal government integrating and 12930
innovation committee considers relevant.12931

       A district public workslocal government integrating and 12932
innovation committee or its executive committee may appoint a 12933
subcommittee to assist it in carrying out its responsibilities 12934
under this section.12935

       (F) Every project approved by a district public workslocal 12936
government integrating and innovation committee shall be submitted 12937
to the Ohio public works commission for its review and approval or 12938
disapproval. The commission shall not approve any project that 12939
fails to meet the requirements of this section.12940

       (G) Grants awarded from the local transportation improvement 12941
program fund shall not be limited in their usage by divisions (D), 12942
(E), (F), (G), (H), and (I) of section 164.05 of the Revised Code.12943

       (H) As used in this section, "local subdivision" means a 12944
county, municipal corporation, or township.12945

       (I) The director of the Ohio public works commission shall 12946
notify the director of budget and management of the amounts 12947
allocated pursuant to this section, and the allocation information 12948
shall be entered into the state accounting system. The director of 12949
budget and management shall establish appropriation line items as 12950
needed to track these allocations.12951

       Sec. 164.21.  (A) Each district public workslocal government12952
integrating and innovation committee or, if applicable, the 12953
executive committee of the integrating and innovation committee 12954
shall appoint a natural resources assistance council consisting of 12955
eleven members. Of the eleven members, one shall be a member of 12956
the appointing integrating and innovation committee and one shall 12957
represent a soil and water conservation district that is located 12958
within the geographical jurisdiction of the appointing integrating12959
and innovation committee. The nine other members of the council 12960
shall be appointed from the following categories of organizations, 12961
units of government, or agencies and shall include at least one 12962
member from each of those categories:12963

       (1) A county, municipal corporation, township, conservancy 12964
district, regional or joint district or unit of local government, 12965
or regional or joint political subdivision that is located within 12966
the geographical jurisdiction of the appointing integrating and 12967
innovation committee;12968

       (2) A conservation organization, an environmental advocacy 12969
organization, an organization with a primary interest in watershed 12970
protection and restoration, the department of natural resources, 12971
the environmental protection agency, or the United States natural 12972
resources conservation service;12973

       (3) A city park system or metropolitan park system or a board 12974
of park commissioners from a county that is located within the 12975
geographical jurisdiction of the appointing integrating and 12976
innovation committee, a statewide parks and recreation 12977
organization, or the United States national park service;12978

       (4) A statewide organization representing agriculture, an 12979
organization representing forestry interests, the department of 12980
agriculture, or the United States department of agriculture;12981

       (5) An organization representing business, local realtors, or 12982
a planning agency, including a port authority, located within the 12983
geographical jurisdiction of the appointing integrating and 12984
innovation committee.12985

       No organization, unit of government, or agency that is listed 12986
in divisions (A)(1) to (5) of this section shall be represented by 12987
more than one member on the council at any given time. The 12988
membership of a natural resources assistance council shall reflect 12989
the demographic and economic diversity of the population located 12990
within the geographical area represented by the council.12991

       A council shall be appointed by the appropriate integrating12992
and innovation committee not later than ninety days after the 12993
effective date of this sectionJuly 26, 2001. Of the initial 12994
members appointed to the council, four shall be appointed for one 12995
year, four shall be appointed for two years, and three shall be 12996
appointed for three years. Thereafter, terms of office for members 12997
of the council shall be for three years, with each term ending on 12998
the same day of the same month as did the term that it succeeds. 12999
Each member shall hold office from the date of appointment until 13000
the end of the term for which the member is appointed, except 13001
that, with respect to any member who is an elected or appointed 13002
official of a township, municipal corporation, or county, the term 13003
of office for that person on the council shall not extend beyond 13004
the member's term as an elected or appointed official.13005

       Members may be reappointed. Vacancies shall be filled in the 13006
same manner provided for original appointments. Any member 13007
appointed to fill a vacancy occurring prior to the expiration date 13008
of the term for which the member was appointed shall hold office 13009
for the remainder of that term. A member shall continue in office 13010
subsequent to the expiration date of the member's term until the 13011
member's successor takes office or until a period of sixty days 13012
has elapsed, whichever occurs first. Members may be removed by the13013
district public workslocal government integrating and innovation13014
committee for misfeasance, malfeasance, or nonfeasance in office.13015

       (B) A natural resources assistance council shall elect a 13016
chairperson, a vice-chairperson, and other officers that the 13017
council considers appropriate. A council may adopt bylaws 13018
governing its operation, including bylaws that establish the 13019
frequency of regular meetings and any necessary procedures. All 13020
meetings of a council are subject to section 121.22 of the Revised 13021
Code.13022

       (C) Serving as a member of a natural resources assistance 13023
council under this section does not constitute holding a public 13024
office or position of employment under the laws of this state and 13025
does not confer a right to compensation from any agency of this 13026
state. A member of a natural resources assistance council does not 13027
have an unlawful interest in a public contract under section 13028
2921.42 of the Revised Code solely by virtue of the receipt of 13029
financial assistance under sections 164.20 to 164.27 of the 13030
Revised Code by the local political subdivision of which the 13031
member is also a public official or appointee.13032

       (D) Sections 101.82 to 101.87 of the Revised Code do not 13033
apply to natural resources assistance councils.13034

       Sec. 164.30.  (A) There is hereby created in the state 13035
treasury the local government integrating and innovation fund. The 13036
fund shall be composed of credits to the fund from revenue from 13037
the commercial activity tax under section 5751.20 of the Revised 13038
Code. The purpose of the fund is to provide grants to local 13039
subdivisions to implement and enhance the sharing of services.13040

       (B) Money in the fund shall be allocated among the local 13041
government integrating and innovation committees created under 13042
section 164.03 of the Revised Code beginning in fiscal year 2012. 13043
The amount allocated to each such committee each fiscal year shall 13044
be proportionate to the amount distributed in the most recently 13045
closed program year from the state capital improvements fund to 13046
local subdivisions within the district represented by that 13047
committee.13048

       (C) Local subdivisions in each district may apply to the 13049
district's local government integrating and innovation committee 13050
for grants from the local government integrating and innovation 13051
fund to assist with the payment of allowable expenses of 13052
implementing or enhancing service sharing among local 13053
subdivisions. For the purposes of this section, allowable expenses 13054
include costs of making the transition to shared services, 13055
establishing shared services, and paying for the initial 13056
operations of the shared services; allowable expenses does not 13057
include costs of ongoing operations of shared services. The 13058
applications shall describe, in the manner and as directed by the 13059
committee, the shared services, the projected cost savings of the 13060
shared services, and any other matters the committee requires.13061

       (D) Each local government integrating and innovation 13062
committee shall accept and review such applications and award 13063
grants to the applicants the committee determines to be proposing 13064
shared services resulting in the greatest cost efficiencies, 13065
subject to the following:13066

       (1) Not less than twenty per cent of the grant money 13067
available to each district shall be awarded to townships.13068

       (2) Up to thirty per cent of the grant money available to 13069
each district may be awarded to local subdivisions determined to 13070
be in fiscal emergency under Chapter 118. of the Revised Code, the 13071
primary cause of the emergency being, in the opinion of the 13072
committee, reductions in revenue from federal, state, or local 13073
government sources since 2008.13074

       (3) Not more than two hundred fifty thousand dollars may be 13075
awarded to each applicant for each service-sharing proposal.13076

       Upon approval of a grant application, a committee shall 13077
forward the application and evidence of the committee's approval 13078
to the director of the Ohio public works commission, who shall 13079
review the materials and, if the director finds that the 13080
application was properly approved under the terms of this section, 13081
the director shall authorize the award of the grant to the local 13082
subdivision.13083

       (E) Not more than three per cent of the money credited to the 13084
local government integrating and innovation fund may be used by 13085
the director of the Ohio public works commission to defray the 13086
costs of the commission or of local government integrating and 13087
innovation committees in administering this section.13088

       Sec. 166.02.  (A) The general assembly finds that many local 13089
areas throughout the state are experiencing economic stagnation or 13090
decline, and that the economic development programs provided for 13091
in this chapter will constitute deserved, necessary reinvestment 13092
by the state in those areas, materially contribute to their 13093
economic revitalization, and result in improving the economic 13094
welfare of all the people of the state. Accordingly, it is 13095
declared to be the public policy of the state, through the 13096
operations of this chapter and other applicable laws adopted 13097
pursuant to Section 2p or 13 of Article VIII, Ohio Constitution, 13098
and other authority vested in the general assembly, to assist in 13099
and facilitate the establishment or development of eligible 13100
projects or assist and cooperate with any governmental agency in 13101
achieving such purpose.13102

       (B) In furtherance of such public policy and to implement 13103
such purpose, the director of development may:13104

       (1) After consultation with appropriate governmental 13105
agencies, enter into agreements with persons engaged in industry, 13106
commerce, distribution, or research and with governmental agencies 13107
to induce such persons to acquire, construct, reconstruct, 13108
rehabilitate, renovate, enlarge, improve, equip, or furnish, or 13109
otherwise develop, eligible projects and make provision therein 13110
for project facilities and governmental actions, as authorized by 13111
this chapter and other applicable laws, subject to any required 13112
actions by the general assembly or the controlling board and 13113
subject to applicable local government laws and regulations;13114

       (2) Provide for the guarantees and loans as provided for in 13115
sections 166.06 and 166.07 of the Revised Code;13116

       (3) Subject to release of such moneys by the controlling 13117
board, contract for labor and materials needed for, or contract 13118
with others, including governmental agencies, to provide, project 13119
facilities the allowable costs of which are to be paid for or 13120
reimbursed from moneys in the facilities establishment fund, and 13121
contract for the operation of such project facilities;13122

       (4) Subject to release thereof by the controlling board, from 13123
moneys in the facilities establishment fund acquire or contract to 13124
acquire by gift, exchange, or purchase, including the obtaining 13125
and exercise of purchase options, property, and convey or 13126
otherwise dispose of, or provide for the conveyance or disposition 13127
of, property so acquired or contracted to be acquired by sale, 13128
exchange, lease, lease purchase, conditional or installment sale, 13129
transfer, or other disposition, including the grant of an option 13130
to purchase, to any governmental agency or to any other person 13131
without necessity for competitive bidding and upon such terms and 13132
conditions and manner of consideration pursuant to and as the 13133
director determines to be appropriate to satisfy the objectives of 13134
sections 166.01 to 166.11 of the Revised Code;13135

       (5) Retain the services of or employ financial consultants, 13136
appraisers, consulting engineers, superintendents, managers, 13137
construction and accounting experts, attorneys, and employees, 13138
agents, and independent contractors as are necessary in the 13139
director's judgment and fix the compensation for their services;13140

       (6) Receive and accept from any person grants, gifts, and 13141
contributions of money, property, labor, and other things of 13142
value, to be held, used and applied only for the purpose for which 13143
such grants, gifts, and contributions are made;13144

       (7) Enter into appropriate arrangements and agreements with 13145
any governmental agency for the taking or provision by that 13146
governmental agency of any governmental action;13147

       (8) Do all other acts and enter into contracts and execute 13148
all instruments necessary or appropriate to carry out the 13149
provisions of this chapter;13150

       (9) Adopt rules to implement any of the provisions of this 13151
chapter applicable to the director.13152

       (C) The determinations by the director that facilities 13153
constitute eligible projects, that facilities are project 13154
facilities, that costs of such facilities are allowable costs, and 13155
all other determinations relevant thereto or to an action taken or 13156
agreement entered into shall be conclusive for purposes of the 13157
validity and enforceability of rights of parties arising from 13158
actions taken and agreements entered into under this chapter.13159

       (D) Except as otherwise prescribed in this chapter, all 13160
expenses and obligations incurred by the director in carrying out 13161
the director's powers and in exercising the director's duties 13162
under this chapter, shall be payable solely from, as appropriate, 13163
moneys in the facilities establishment fund, the loan guarantee 13164
fund, the innovation Ohio loan guarantee fund, the innovation Ohio 13165
loan fund, the research and development loan fund, the logistics 13166
and distribution infrastructure fund, the logistics and 13167
distribution infrastructure taxable bond fund, or moneys 13168
appropriated for such purpose by the general assembly. This 13169
chapter does not authorize the director or the issuing authority 13170
under section 166.08 of the Revised Code to incur bonded 13171
indebtedness of the state or any political subdivision thereof, or 13172
to obligate or pledge moneys raised by taxation for the payment of 13173
any bonds or notes issued or guarantees made pursuant to this 13174
chapter.13175

       (E) No financial assistance for project facilities shall be 13176
provided under this chapter unless the provisions of the agreement 13177
providing for such assistance specify that all wages paid to 13178
laborers and mechanics employed on such project facilities for 13179
which the assistance is granted shall be paid at the prevailing 13180
rates of wages of laborers and mechanics for the class of work 13181
called for by such project facilities, which wages shall be 13182
determined in accordance with the requirements of Chapter 4115. of 13183
the Revised Code for determination of prevailing wage rates, 13184
provided that the requirements of this division do not apply where 13185
the federal government or any of its agencies provides financing 13186
assistance as to all or any part of the funds used in connection 13187
with such project facilities and prescribes predetermined minimum 13188
wages to be paid to such laborers and mechanics; and provided 13189
further that should a nonpublic user beneficiary of the eligible 13190
project undertake, as part of the eligible project, construction 13191
to be performed by its regular bargaining unit employees who are 13192
covered under a collective bargaining agreement which was in 13193
existence prior to the date of the document authorizing such 13194
assistance then, in that event, the rate of pay provided under the 13195
collective bargaining agreement may be paid to such employees.13196

       (F) Any governmental agency may enter into an agreement with 13197
the director, any other governmental agency, or a person to be 13198
assisted under this chapter, to take or provide for the purposes 13199
of this chapter any governmental action it is authorized to take 13200
or provide, and to undertake on behalf and at the request of the 13201
director any action which the director is authorized to undertake 13202
pursuant to divisions (B)(3), (4), and (5) of this section or 13203
divisions (B)(3), (4), and (5) of section 166.12 of the Revised 13204
Code. Governmental agencies of the state shall cooperate with and 13205
provide assistance to the director of development and the 13206
controlling board in the exercise of their respective functions 13207
under this chapter.13208

       Sec. 173.14.  As used in sections 173.14 to 173.27 of the 13209
Revised Code:13210

       (A)(1) Except as otherwise provided in division (A)(2) of 13211
this section, "long-term care facility" includes any residential 13212
facility that provides personal care services for more than 13213
twenty-four hours for two or more unrelated adults, including all 13214
of the following:13215

       (a) A "nursing home," "residential care facility," or "home 13216
for the aging" as defined in section 3721.01 of the Revised Code;13217

       (b) A facility authorized to provide extended care services 13218
under Title XVIII of the "Social Security Act," 49 Stat. 620 13219
(1935), 42 U.S.C. 301, as amended, including a long-term acute 13220
care hospital that provides medical and rehabilitative care to 13221
patients who require an average length of stay greater than 13222
twenty-five days and is classified by the centers for medicare and 13223
medicaid services as a long-term care hospital pursuant to 42 13224
C.F.R. 412.23(e);13225

       (c) A county home or district home operated pursuant to 13226
Chapter 5155. of the Revised Code;13227

       (d) An "adult care facility" as defined in section 3722.0113228
5119.70 of the Revised Code;13229

       (e) A facility approved by the veterans administration under 13230
section 104(a) of the "Veterans Health Care Amendments of 1983," 13231
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for 13232
the placement and care of veterans;13233

       (f) An adult foster home certified under section 173.3613234
5119.692 of the Revised Code.13235

       (2) "Long-term care facility" does not include a "residential 13236
facility" as defined in section 5119.22 of the Revised Code or a 13237
"residential facility" as defined in section 5123.19 of the 13238
Revised Code.13239

       (B) "Resident" means a resident of a long-term care facility 13240
and, where appropriate, includes a prospective, previous, or 13241
deceased resident of a long-term care facility.13242

       (C) "Community-based long-term care services" means health 13243
and social services provided to persons in their own homes or in 13244
community care settings, and includes any of the following:13245

       (1) Case management;13246

       (2) Home health care;13247

       (3) Homemaker services;13248

       (4) Chore services;13249

       (5) Respite care;13250

       (6) Adult day care;13251

       (7) Home-delivered meals;13252

       (8) Personal care;13253

       (9) Physical, occupational, and speech therapy;13254

       (10) Transportation;13255

       (11) Any other health and social services provided to persons 13256
that allow them to retain their independence in their own homes or 13257
in community care settings.13258

       (D) "Recipient" means a recipient of community-based 13259
long-term care services and, where appropriate, includes a 13260
prospective, previous, or deceased recipient of community-based 13261
long-term care services.13262

       (E) "Sponsor" means an adult relative, friend, or guardian 13263
who has an interest in or responsibility for the welfare of a 13264
resident or a recipient.13265

       (F) "Personal care services" has the same meaning as in 13266
section 3721.01 of the Revised Code.13267

       (G) "Regional long-term care ombudsperson program" means an 13268
entity, either public or private and nonprofit, designated as a 13269
regional long-term care ombudsperson program by the state 13270
long-term care ombudsperson.13271

       (H) "Representative of the office of the state long-term care 13272
ombudsperson program" means the state long-term care ombudsperson 13273
or a member of the ombudsperson's staff, or a person certified as 13274
a representative of the office under section 173.21 of the Revised 13275
Code.13276

       (I) "Area agency on aging" means an area agency on aging 13277
established under the "Older Americans Act of 1965," 79 Stat. 219, 13278
42 U.S.C.A. 3001, as amended.13279

       Sec. 173.21.  (A) The office of the state long-term care13280
ombudsmanombudsperson program, through the state long-term care 13281
ombudsmanombudsperson and the regional long-term care ombudsman13282
ombudsperson programs, shall require each representative of the 13283
office to complete a training and certification program in 13284
accordance with this section and to meet the continuing education 13285
requirements established under this section.13286

       (B) The department of aging shall adopt rules under Chapter 13287
119. of the Revised Code specifying the content of training 13288
programs for representatives of the office of the state long-term 13289
care ombudsmanombudsperson program. Training for representatives 13290
other than those who are volunteers providing services through 13291
regional long-term care ombudsmanombudsperson programs shall 13292
include instruction regarding federal, state, and local laws, 13293
rules, and policies on long-term care facilities and 13294
community-based long-term care services; investigative techniques; 13295
and other topics considered relevant by the department and shall 13296
consist of the following:13297

       (1) A minimum of forty clock hours of basic instruction, 13298
which shall be completed before the trainee is permitted to handle 13299
complaints without the supervision of a representative of the 13300
office certified under this section;13301

       (2) An additional sixty clock hours of instruction, which 13302
shall be completed within the first fifteen months of employment;13303

       (3) An internship of twenty clock hours, which shall be 13304
completed within the first twenty-four months of employment, 13305
including instruction in, and observation of, basic nursing care 13306
and long-term care provider operations and procedures. The 13307
internship shall be performed at a site that has been approved as 13308
an internship site by the state long-term care ombudsman13309
ombudsperson.13310

       (4) One of the following, which shall be completed within the 13311
first twenty-four months of employment:13312

       (a) Observation of a survey conducted by the director of 13313
health to certify a facility to receive funds under sections 13314
5111.20 to 5111.32 of the Revised Code;13315

       (b) Observation of an inspection conducted by the director of 13316
mental health to license an adult care facility under section 13317
3722.045119.73 of the Revised Code.13318

       (5) Any other training considered appropriate by the 13319
department.13320

       (C) Persons who for a period of at least six months prior to 13321
June 11, 1990, served as ombudsmen through the long-term care13322
ombudsmanombudsperson program established by the department of 13323
aging under division (M) of section 173.01 of the Revised Code 13324
shall not be required to complete a training program. These 13325
persons and persons who complete a training program shall take an 13326
examination administered by the department of aging. On attainment 13327
of a passing score, the person shall be certified by the 13328
department as a representative of the office. The department shall 13329
issue the person an identification card, which the representative 13330
shall show at the request of any person with whom hethe 13331
representative deals while performing histhe representative's13332
duties and which he shall surrenderbe surrendered at the time he13333
the representative separates from the office.13334

       (D) The state ombudsmanombudsperson and each regional 13335
program shall conduct training programs for volunteers on their 13336
respective staffs in accordance with the rules of the department 13337
of aging adopted under division (B) of this section. Training 13338
programs may be conducted that train volunteers to complete some, 13339
but not all, of the duties of a representative of the office. Each 13340
regional office shall bear the cost of training its 13341
representatives who are volunteers. On completion of a training 13342
program, the representative shall take an examination administered 13343
by the department of aging. On attainment of a passing score, hea 13344
volunteer shall be certified by the department as a representative 13345
authorized to perform services specified in the certification. The 13346
department shall issue an identification card, which the 13347
representative shall show at the request of any person with whom 13348
hethe representative deals while performing histhe 13349
representative's duties and which he shall surrenderbe 13350
surrendered at the time hethe representative separates from the 13351
office. Except as a supervised part of a training program, no 13352
volunteer shall perform any duty unless he is certified as a 13353
representative having received appropriate training for that duty.13354

       (E) The state ombudsmanombudsperson shall provide technical 13355
assistance to regional programs conducting training programs for 13356
volunteers and shall monitor the training programs.13357

       (F) Prior to scheduling an observation of a certification 13358
survey or licensing inspection for purposes of division (B)(4) of 13359
this section, the state ombudsmanombudsperson shall obtain 13360
permission to have the survey or inspection observed from both the 13361
director of health and the long-term care facility at which the 13362
survey or inspection is to take place.13363

       (G) The department of aging shall establish continuing 13364
education requirements for representatives of the office.13365

       Sec. 173.26.  (A) Each of the following facilities shall 13366
annually pay to the department of aging six dollars for each bed 13367
maintained by the facility for use by a resident during any part 13368
of the previous year:13369

       (1) Nursing homes, residential care facilities, and homes for 13370
the aging as defined in section 3721.01 of the Revised Code;13371

       (2) Facilities authorized to provide extended care services 13372
under Title XVIII of the "Social Security Act," 49 Stat. 620 13373
(1935), 42 U.S.C. 301, as amended, including a long-term acute 13374
care hospital that provides medical and rehabilitative care to 13375
patients who require an average length of stay greater than 13376
twenty-five days and is classified by the centers for medicare and 13377
medicaid services as a long-term care hospital pursuant to 42 13378
C.F.R. 412.23(e);13379

       (3) County homes and district homes operated pursuant to 13380
Chapter 5155. of the Revised Code;13381

       (4) Adult care facilities as defined in section 3722.0113382
5119.70 of the Revised Code;13383

       (5) Facilities approved by the Veterans Administration under 13384
Section 104(a) of the "Veterans Health Care Amendments of 1983," 13385
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for 13386
the placement and care of veterans.13387

       The department shall, by rule adopted in accordance with 13388
Chapter 119. of the Revised Code, establish deadlines for payments 13389
required by this section. A facility that fails, within ninety 13390
days after the established deadline, to pay a payment required by 13391
this section shall be assessed at two times the original invoiced 13392
payment.13393

       (B) All money collected under this section shall be deposited 13394
in the state treasury to the credit of the office of the state 13395
long-term care ombudsperson program fund, which is hereby created. 13396
Money credited to the fund shall be used solely to pay the costs 13397
of operating the regional long-term care ombudsperson programs.13398

       (C) The state long-term care ombudsperson and the regional 13399
programs may solicit and receive contributions to support the 13400
operation of the office or a regional program, except that no 13401
contribution shall be solicited or accepted that would interfere 13402
with the independence or objectivity of the office or program.13403

       Sec. 173.391. (A) The department of aging or its designee 13404
shall do all of the following in accordance with Chapter 119. of 13405
the Revised Code:13406

        (1) Certify a person or government entity to provide 13407
community-based long-term care services under a program the 13408
department administers if the person or government entity 13409
satisfies the requirements for certification established by rules 13410
adopted under division (B) of this section and pays the fee, if 13411
any, established by rules adopted under division (G) of this 13412
section;13413

        (2) When required to do so by rules adopted under division 13414
(B) of this section, take one or more of the following 13415
disciplinary actions against a person or government entity issued 13416
a certificatecertified under division (A)(1) of this section:13417

        (a) Issue a written warning;13418

        (b) Require the submission of a plan of correction or 13419
evidence of compliance with requirements identified by the 13420
department;13421

        (c) Suspend referrals;13422

        (d) Remove clients;13423

        (e) Impose a fiscal sanction such as a civil monetary penalty 13424
or an order that unearned funds be repaid;13425

        (f) Suspend the certification;13426

       (g) Revoke the certificatecertification;13427

       (g)(h) Impose another sanction.13428

        (3) HoldExcept as provided in division (E) of this section, 13429
hold hearings when there is a dispute between the department or 13430
its designee and a person or government entity concerning actions 13431
the department or its designee takes or does not takeregarding a 13432
decision not to certify the person or government entity under 13433
division (A)(1) of this section or a disciplinary action under 13434
division (A)(1) or (2)(c)(e) to (g)(h) of this section.13435

        (B) The director of aging shall adopt rules in accordance 13436
with Chapter 119. of the Revised Code establishing certification 13437
requirements and standards for determining which type of 13438
disciplinary action to take under division (A)(2) of this section 13439
in individual situations. The rules shall establish procedures for 13440
all of the following:13441

        (1) Ensuring that community-based long-term care agencies 13442
comply with section 173.394 of the Revised Code;13443

        (2) Evaluating the services provided by the agencies to 13444
ensure that theythe services are provided in a quality manner 13445
advantageous to the individual receiving the services;13446

        (3) Determining when to take disciplinary action under 13447
division (A)(2) of this section and which disciplinary action to 13448
take;13449

       (4) Determining what constitutes another sanction for 13450
purposes of division (A)(2)(h) of this section.13451

        (C) The procedures established in rules adopted under 13452
division (B)(2) of this section shall require that all of the 13453
following be considered as part of an evaluation described in 13454
division (B)(2) of this section:13455

        (1) The service provider'scommunity-based long-term care 13456
agency's experience and financial responsibility;13457

        (2) The service provider'sagency's ability to comply with 13458
standards for the community-based long-term care services that the 13459
provideragency provides under a program the department 13460
administers;13461

        (3) The service provider'sagency's ability to meet the needs 13462
of the individuals served;13463

        (4) Any other factor the director considers relevant.13464

        (D) The rules adopted under division (B)(3) of this section 13465
shall specify that the reasons disciplinary action may be taken 13466
under division (A)(2) of this section include good cause, 13467
including misfeasance, malfeasance, nonfeasance, confirmed abuse 13468
or neglect, financial irresponsibility, or other conduct the 13469
director determines is injurious, or poses a threat, to the health 13470
or safety of individuals being served.13471

       (E) Subject to division (F) of this section, the department 13472
is not required to hold hearings under division (A)(3) of this 13473
section if any of the following conditions apply:13474

       (1) Rules adopted by the director of aging pursuant to this 13475
chapter require the community-based long-term care agency to be a 13476
party to a provider agreement; hold a license, certificate, or 13477
permit; or maintain a certification, any of which is required or 13478
issued by a state or federal government entity other than the 13479
department of aging, and either of the following is the case:13480

       (a) The provider agreement has not been entered into or the 13481
license, certificate, permit, or certification has not been 13482
obtained or maintained.13483

       (b) The provider agreement, license, certificate, permit, or 13484
certification has been denied, revoked, not renewed, or suspended 13485
or has been otherwise restricted.13486

        (2) The agency's certification under this section has been 13487
denied, suspended, or revoked for any of the following reasons:13488

       (a) A government entity of this state, other than the 13489
department of aging, has terminated or refused to renew any of the 13490
following held by, or has denied any of the following sought by, a 13491
community-based long-term care agency: a provider agreement, 13492
license, certificate, permit, or certification. Division (E)(2)(a) 13493
of this section applies regardless of whether the agency has 13494
entered into a provider agreement in, or holds a license, 13495
certificate, permit, or certification issued by, another state.13496

       (b) The agency or a principal owner or manager of the agency 13497
who provides direct care has entered a guilty plea for, or has 13498
been convicted of, an offense materially related to the medicaid 13499
program.13500

        (c) The agency or a principal owner or manager of the agency 13501
who provides direct care has entered a guilty plea for, or been 13502
convicted of, an offense listed in division (C)(1)(a) of section 13503
173.394 of the Revised Code, but only if none of the personal 13504
character standards established by the department in rules adopted 13505
under division (F) of section 173.394 of the Revised Code apply.13506

       (d) The United States department of health and human services 13507
has taken adverse action against the agency and that action 13508
impacts the agency's participation in the medicaid program.13509

        (e) The agency has failed to enter into or renew a provider 13510
agreement with the PASSPORT administrative agency, as that term is 13511
defined in section 173.42 of the Revised Code, that administers 13512
programs on behalf of the department of aging in the region of the 13513
state in which the agency is certified to provide services.13514

        (f) The agency has not billed or otherwise submitted a claim 13515
to the department for payment under the medicaid program in at 13516
least two years.13517

        (g) The agency denied or failed to provide the department or 13518
its designee access to the agency's facilities during the agency's 13519
normal business hours for purposes of conducting an audit or 13520
structural compliance review.13521

        (h) The agency has ceased doing business.13522

        (i) The agency has voluntarily relinquished its certification 13523
for any reason.13524

        (3) The agency's provider agreement with the department of 13525
job and family services has been suspended under division (C) of 13526
section 5111.031 of the Revised Code.13527

        (4) The agency's provider agreement with the department of 13528
job and family services is denied or revoked because the agency or 13529
its owner, officer, authorized agent, associate, manager, or 13530
employee has been convicted of an offense that caused the provider 13531
agreement to be suspended under section 5111.031 of the Revised 13532
Code.13533

        (F) If the department does not hold hearings when any 13534
condition described in division (E) of this section applies, the 13535
department may send a notice to the agency describing a decision 13536
not to certify the agency under division (A)(1) of this section or 13537
the disciplinary action the department proposes to take under 13538
division (A)(2)(e) to (h) of this section. The notice shall be 13539
sent to the agency's address that is on record with the department 13540
and may be sent by regular mail.13541

       (G) The director of aging may adopt rules in accordance with 13542
Chapter 119. of the Revised Code establishing a fee to be charged 13543
by the department of aging or its designee for certification 13544
issued under this section.13545

        All fees collected by the department or its designee under 13546
this section shall be deposited in the state treasury to the 13547
credit of the provider certification fund, which is hereby 13548
created. Money credited to the fund shall be used to pay for 13549
community-based long-term care services, administrative costs 13550
associated with community-based long-term care agency 13551
certification under this section, and administrative costs related 13552
to the publication of the Ohio long-term care consumer guide.13553

       Sec. 173.40. (A) As used in sections 173.40 to 173.402 of 13554
the Revised Code, "PASSPORT:13555

       "Medicaid waiver component" has the same meaning as in 13556
section 5111.85 of the Revised Code.13557

       "PASSPORT program" means the program created under this 13558
section.13559

       "PASSPORT waiver" means the federal medicaid waiver granted 13560
by the United States secretary of health and human services that 13561
authorizes the medicaid-funded component of the PASSPORT program.13562

       "Unified long-term services and support medicaid waiver 13563
component" means the medicaid waiver component authorized by 13564
section 5111.863 of the Revised Code.13565

       (B) There is hereby created the preadmission screening system 13566
providing options and resources today program, or PASSPORT. The 13567
PASSPORT program shall provide home and community-based services 13568
as an alternative to nursing facility placement for individuals 13569
who are aged and disabled medicaid recipientsand meet the 13570
program's applicable eligibility requirements. TheSubject to 13571
division (C) of this section, the program shall have a 13572
medicaid-funded component and a state-funded component.13573

       (C)(1) Unless the medicaid-funded component of the PASSPORT 13574
program is terminated under division (C)(2) of this section, all 13575
of the following apply:13576

       (a) The department of aging shall administer the 13577
medicaid-funded component through a contract entered into with the 13578
department of job and family services under section 5111.91 of the 13579
Revised Code.13580

       (b) The medicaid-funded component shall be operated as a 13581
separate medicaid waiver component, as defined in section 5111.85 13582
of the Revised Code, until the United States secretary of health 13583
and human services approves the consolidated federal medicaid 13584
waiver sought under section 5111.861 of the Revised Code. The 13585
program shall be part of the consolidated federal medicaid waiver 13586
sought under that section if the United States secretary approves 13587
the waiver. The department of aging shall administer the program 13588
through a contract entered into with the department of job and 13589
family services under section 5111.91 of the Revised Code. The13590

       (c) For an individual to be eligible for the medicaid-funded 13591
component, the individual must be a medicaid recipient and meet 13592
the additional eligibility requirements applicable to the 13593
individual established in rules adopted under division (C)(1)(d) 13594
of this section.13595

       (d) The director of job and family services shall adopt rules 13596
under section 5111.85 of the Revised Code and the director of 13597
aging shall adopt rules in accordance with Chapter 119. of the 13598
Revised Code to implement the programmedicaid-funded component.13599

       (2) If the unified long-term services and support medicaid 13600
waiver component is created, the departments of aging and job and 13601
family services shall work together to determine whether the 13602
medicaid-funded component of the PASSPORT program should continue 13603
to operate as a separate medicaid waiver component or be 13604
terminated. If the departments determine that the medicaid-funded 13605
component of the PASSPORT program should be terminated, the 13606
medicaid-funded component shall cease to exist on a date the 13607
departments shall specify.13608

       (D)(1) The department of aging shall administer the 13609
state-funded component of the PASSPORT program. The state-funded 13610
component shall not be administered as part of the medicaid 13611
program.13612

       (2) For an individual to be eligible for the state-funded 13613
component, the individual must meet one of the following 13614
requirements and meet the additional eligibility requirements 13615
applicable to the individual established in rules adopted under 13616
division (D)(4) of this section:13617

       (a) The individual must have been enrolled in the 13618
state-funded component on September 1, 1991, (as the state-funded 13619
component was authorized by uncodified law in effect at that time) 13620
and have had one or more applications for enrollment in the 13621
medicaid-funded component (or, if the medicaid-funded component is 13622
terminated under division (C)(2) of this section, the unified 13623
long-term services and support medicaid waiver component) denied.13624

       (b) The individual must have had the individual's enrollment 13625
in the medicaid-funded component (or, if the medicaid-funded 13626
component is terminated under division (C)(2) of this section, the 13627
unified long-term services and support medicaid waiver component) 13628
terminated and the individual must still need the home and 13629
community-based services provided under the PASSPORT program to 13630
protect the individual's health and safety.13631

       (c) The individual must have an application for the 13632
medicaid-funded component (or, if the medicaid-funded component is 13633
terminated under division (C)(2) of this section, the unified 13634
long-term services and support medicaid waiver component) pending 13635
and the department or the department's designee must have 13636
determined that the individual meets the nonfinancial eligibility 13637
requirements of the medicaid-funded component (or, if the 13638
medicaid-funded component is terminated under division (C)(2) of 13639
this section, the unified long-term services and support medicaid 13640
waiver component) and not have reason to doubt that the individual 13641
meets the financial eligibility requirements of the 13642
medicaid-funded component (or, if the medicaid-funded component is 13643
terminated under division (C)(2) of this section, the unified 13644
long-term services and support medicaid waiver component).13645

       (3) An individual who is eligible for the state-funded 13646
component because the individual meets the requirement of division 13647
(D)(2)(c) of this section may participate in the component for not 13648
more than three months.13649

       (4) The director of aging shall adopt rules in accordance 13650
with section 111.15 of the Revised Code to implement the 13651
state-funded component. The additional eligibility requirements 13652
established in the rules may vary for the different groups of 13653
individuals specified in divisions (D)(2)(a), (b), and (c) of this 13654
section.13655

       Sec. 173.401.  (A) As used in this section:13656

        "Area agency on aging" has the same meaning as in section 13657
173.14 of the Revised Code.13658

        "Long-term care consultation program" means the program the 13659
department of aging is required to develop under section 173.42 of 13660
the Revised Code.13661

        "Long-term care consultation program administrator" or 13662
"administrator" means the department of aging or, if the 13663
department contracts with an area agency on aging or other entity 13664
to administer the long-term care consultation program for a 13665
particular area, that agency or entity.13666

        "Nursing facility" has the same meaning as in section 5111.20 13667
of the Revised Code.13668

       "PASSPORT waiver" means the federal medicaid waiver granted 13669
by the United States secretary of health and human services that 13670
authorizes the PASSPORT program.13671

       (B) TheSubject to division (C)(2) of section 173.40 of the 13672
Revised Code, the department shall establish a home first 13673
component of the PASSPORT program under which eligible individuals 13674
may be enrolled in the medicaid-funded component of the PASSPORT 13675
program in accordance with this section. An individual is eligible 13676
for the PASSPORT program's home first component if allboth of the 13677
following apply:13678

       (1) The individual ishas been determined to be eligible for 13679
the medicaid-funded component of the PASSPORT program.13680

       (2) The individual is on the unified waiting list established 13681
under section 173.404 of the Revised Code.13682

       (3) At least one of the following applies:13683

       (a) The individual has been admitted to a nursing facility.13684

       (b) A physician has determined and documented in writing that 13685
the individual has a medical condition that, unless the individual 13686
is enrolled in home and community-based services such as the 13687
PASSPORT program, will require the individual to be admitted to a 13688
nursing facility within thirty days of the physician's 13689
determination.13690

       (c) The individual has been hospitalized and a physician has 13691
determined and documented in writing that, unless the individual 13692
is enrolled in home and community-based services such as the 13693
PASSPORT program, the individual is to be transported directly 13694
from the hospital to a nursing facility and admitted.13695

       (d) Both of the following apply:13696

       (i) The individual is the subject of a report made under 13697
section 5101.61 of the Revised Code regarding abuse, neglect, or 13698
exploitation or such a report referred to a county department of 13699
job and family services under section 5126.31 of the Revised Code 13700
or has made a request to a county department for protective 13701
services as defined in section 5101.60 of the Revised Code.13702

       (ii) A county department of job and family services and an 13703
area agency on aging have jointly documented in writing that, 13704
unless the individual is enrolled in home and community-based 13705
services such as the PASSPORT program, the individual should be 13706
admitted to a nursing facility.13707

       (C) Each month, each area agency on aging shall identify 13708
individuals residing in the area that the agency serves who are 13709
eligible for the home first component of the PASSPORT program. 13710
When an area agency on aging identifies such an individual, the 13711
agency shall notify the long-term care consultation program 13712
administrator serving the area in which the individual resides. 13713
The administrator shall determine whether the PASSPORT program is 13714
appropriate for the individual and whether the individual would 13715
rather participate in the PASSPORT program than continue or begin 13716
to reside in a nursing facility. If the administrator determines 13717
that the PASSPORT program is appropriate for the individual and 13718
the individual would rather participate in the PASSPORT program 13719
than continue or begin to reside in a nursing facility, the 13720
administrator shall so notify the department of aging. On receipt 13721
of the notice from the administrator, the department shall approve 13722
the individual's enrollment in the medicaid-funded component of 13723
the PASSPORT program regardless of the unified waiting list 13724
established under section 173.404 of the Revised Code, unless the 13725
enrollment would cause the PASSPORT programcomponent to exceed 13726
any limit on the number of individuals who may be enrolled in the 13727
programcomponent as set by the United States secretary of health 13728
and human services in the PASSPORT waiver.13729

       (D) Each quarter, the department of aging shall certify to 13730
the director of budget and management the estimated increase in 13731
costs of the PASSPORT program resulting from enrollment of 13732
individuals in the PASSPORT program pursuant to this section.13733

       Sec. 173.403. "Choices(A) As used in this section:13734

       "Choices program" means the program created under this 13735
section.13736

       There"Medicaid waiver component" has the same meaning as in 13737
section 5111.85 of the Revised Code.13738

       "Unified long-term services and support medicaid waiver 13739
component" means the medicaid waiver component authorized by 13740
section 5111.863 of the Revised Code.13741

       (B) Subject to division (C) of this section, there is hereby 13742
created the choices program. The program shall provide home and 13743
community-based services. The choices program shall be operated as 13744
a separate medicaid waiver component, as defined in section 13745
5111.85 of the Revised Code, until the United States secretary of 13746
health and human services approves the consolidated federal 13747
medicaid waiver sought under section 5111.861 of the Revised Code. 13748
The program shall be part of the consolidated federal medicaid 13749
waiver sought under that section if the United States secretary 13750
approves the waiver. The department of aging shall administer the 13751
program through a contract entered into with the department of job 13752
and family services under section 5111.91 of the Revised Code. 13753
Subject to federal approval, the program shall be available 13754
statewide.13755

       (C) If the unified long-term services and support medicaid 13756
waiver component is created, the departments of aging and job and 13757
family services shall work together to determine whether the 13758
choices program should continue to operate as a separate medicaid 13759
waiver component or be terminated. If the departments determine 13760
that the choices program should be terminated, the program shall 13761
cease to exist on a date the departments shall specify.13762

       Sec. 173.404.  (A) As used in this section:13763

       (1) "Department of aging-administered medicaid waiver 13764
component" means each of the following:13765

       (a) The medicaid-funded component of the PASSPORT program 13766
created under section 173.40 of the Revised Code;13767

       (b) The choices program created under section 173.403 of the 13768
Revised Code;13769

       (c) The medicaid-funded component of the assisted living 13770
program created under section 5111.89 of the Revised Code.13771

       (2) "PACE program" means the component of the medicaid 13772
program the department of aging administers pursuant to section 13773
173.50 of the Revised Code.13774

       (B) TheIf the department of aging determines that there are 13775
insufficient funds to enroll all individuals who have applied and 13776
been determined eligible for department of aging-administered 13777
medicaid waiver components and the PACE program, the department of 13778
aging shall establish a unified waiting list for department of 13779
aging-administered medicaid waiverthe components and the PACE13780
program. Only individuals eligible for a department of 13781
aging-administered medicaid waiver component or the PACE program 13782
may be placed on the unified waiting list. An individual who may 13783
be enrolled in a department of aging-administered medicaid waiver 13784
component or the PACE program through a home first component 13785
established under section 173.401, 173.501, or 5111.894 of the 13786
Revised Code may be so enrolled without being placed on the 13787
unified waiting list.13788

       Sec. 173.41.  (A) The department of aging shall promote the 13789
development of a statewide aging and disabilities resource network 13790
through which older adults, adults with disabilities, and their 13791
caregivers are provided with both of the following:13792

       (1) Information on any long-term care service options 13793
available to the individuals;13794

       (2) Streamlined access to long-term care services, both 13795
publicly funded services and services available through private 13796
payment.13797

       (B) Area agencies on aging shall establish the network 13798
throughout the state. In doing so, the agencies shall collaborate 13799
with centers for independent living and other locally funded 13800
organizations to establish a cost-effective and consumer-friendly 13801
network that builds on existing, local infrastructures of services 13802
that support consumers in their communities.13803

       Sec. 173.42.  (A) As used in sections 173.42 to 173.434 of 13804
the Revised Code:13805

       (1) "Area agency on aging" means a public or private 13806
nonprofit entity designated under section 173.011 of the Revised 13807
Code to administer programs on behalf of the department of aging.13808

       (2) "Department of aging-administered medicaid waiver 13809
component" means each of the following:13810

       (a) The medicaid-funded component of the PASSPORT program 13811
created under section 173.40 of the Revised Code;13812

       (b) The choices program created under section 173.403 of the 13813
Revised Code;13814

       (c) The medicaid-funded component of the assisted living 13815
program created under section 5111.89 of the Revised Code;13816

       (d) Any other medicaid waiver component, as defined in 13817
section 5111.85 of the Revised Code, that the department of aging 13818
administers pursuant to an interagency agreement with the 13819
department of job and family services under section 5111.91 of the 13820
Revised Code.13821

       (3) "Home and community-based services covered by medicaid 13822
components the department of aging administers" means all of the 13823
following:13824

       (a) Medicaid waiver services available to a participant in a 13825
department of aging-administered medicaid waiver component;13826

       (b) The following medicaid state plan services available to a 13827
participant in a department of aging-administered medicaid waiver 13828
component as specified in rules adopted under section 5111.02 of 13829
the Revised Code:13830

       (i) Home health services;13831

       (ii) Private duty nursing services;13832

       (iii) Durable medical equipment;13833

       (iv) Services of a clinical nurse specialist;13834

       (v) Services of a certified nurse practitioner.13835

       (c) Services available to a participant of the PACE program.13836

       (4) "Long-term care consultation" or "consultation" means the 13837
consultation service made available by the department of aging or 13838
a program administrator through the long-term care consultation 13839
program established pursuant to this section.13840

       (5) "Medicaid" means the medical assistance program 13841
established under Chapter 5111. of the Revised Code.13842

       (6) "Nursing facility" has the same meaning as in section 13843
5111.20 of the Revised Code.13844

       (7) "PACE program" means the component of the medicaid 13845
program the department of aging administers pursuant to section 13846
173.50 of the Revised Code.13847

       (8) "PASSPORT administrative agency" means an entity under 13848
contract with the department of aging to provide administrative 13849
services regarding the PASSPORT program. 13850

       (9) "Program administrator" means an area agency on aging or 13851
other entity under contract with the department of aging to 13852
administer the long-term care consultation program in a geographic 13853
region specified in the contract.13854

       (10) "Representative" means a person acting on behalf of an 13855
individual specified in division (G) of this section. A 13856
representative may be a family member, attorney, hospital social 13857
worker, or any other person chosen to act on behalf of the 13858
individual.13859

       (B) The department of aging shall develop a long-term care 13860
consultation program whereby individuals or their representatives 13861
are provided with long-term care consultations and receive through 13862
these professional consultations information about options 13863
available to meet long-term care needs and information about 13864
factors to consider in making long-term care decisions. The 13865
long-term care consultations provided under the program may be 13866
provided at any appropriate time, as permitted or required under 13867
this section and the rules adopted under it, including either 13868
prior to or after the individual who is the subject of a 13869
consultation has been admitted to a nursing facility or granted 13870
assistance in receiving home and community-based services covered 13871
by medicaid components the department of aging administers.13872

        (C) The long-term care consultation program shall be 13873
administered by the department of aging, except that the 13874
department may have the program administered on a regional basis 13875
by one or more program administrators. The department and each 13876
program administrator shall administer the program in such a 13877
manner that all of the following are included:13878

       (1) Coordination and collaboration with respect to all 13879
available funding sources for long-term care services;13880

       (2) Assessments of individuals regarding their long-term care 13881
service needs;13882

       (3) Assessments of individuals regarding their on-going 13883
eligibility for long-term care services;13884

       (4) Procedures for assisting individuals in obtaining access 13885
to, and coordination of, health and supportive services, including 13886
department of aging-administered medicaid waiver components;13887

       (5) Priorities for using available resources efficiently and 13888
effectively.13889

        (D) The program's long-term care consultations shall be 13890
provided by individuals certified by the department under section 13891
173.422 of the Revised Code.13892

        (E) The information provided through a long-term care 13893
consultation shall be appropriate to the individual's needs and 13894
situation and shall address all of the following:13895

       (1) The availability of any long-term care options open to 13896
the individual;13897

       (2) Sources and methods of both public and private payment 13898
for long-term care services;13899

       (3) Factors to consider when choosing among the available 13900
programs, services, and benefits;13901

       (4) Opportunities and methods for maximizing independence and 13902
self-reliance, including support services provided by the 13903
individual's family, friends, and community.13904

       (F) An individual's long-term care consultation may include 13905
an assessment of the individual's functional capabilities. The 13906
consultation may incorporate portions of the determinations 13907
required under sections 5111.202, 5119.061, and 5123.021 of the 13908
Revised Code and may be provided concurrently with the assessment 13909
required under section 5111.204 of the Revised Code.13910

       (G)(1) Unless an exemption specified in division (I) of this 13911
section is applicable, each of the following shall be provided 13912
with a long-term care consultation:13913

       (a) An individual who applies or indicates an intention to 13914
apply for admission to a nursing facility, regardless of the 13915
source of payment to be used for the individual's care in a 13916
nursing facility;13917

       (b) An individual who requests a long-term care consultation;13918

       (c) An individual identified by the department or a program 13919
administrator as being likely to benefit from a long-term care 13920
consultation.13921

       (2) In addition to the individuals specified in division 13922
(G)(1) of this section, a long-term care consultation may be 13923
provided to a nursing facility resident regardless of the source 13924
of payment being used for the resident's care in the nursing 13925
facility. 13926

       (H)(1) Except as provided in division (H)(2) or (3) of this 13927
section, a long-term care consultation provided pursuant to 13928
division (G) of this section shall be provided as follows:13929

       (a) If the individual for whom the consultation is being 13930
provided has applied for medicaid and the consultation is being 13931
provided concurrently with the assessment required under section 13932
5111.204 of the Revised Code, the consultation shall be completed 13933
in accordance with the applicable time frames specified in that 13934
section for providing a level of care determination based on the 13935
assessment.13936

       (b) In all other cases, the consultation shall be provided 13937
not later than five calendar days after the department or program 13938
administrator receives notice of the reason for which the 13939
consultation is to be provided pursuant to division (G) of this 13940
section.13941

       (2) An individual or the individual's representative may 13942
request that a long-term care consultation be provided on a date 13943
that is later than the date required under division (H)(1)(a) or 13944
(b) of this section.13945

       (3) If a long-term care consultation cannot be completed 13946
within the number of days required by division (H)(1) or (2) of 13947
this section, the department or program administrator may do any 13948
of the following:13949

       (a) In the case of an individual specified in division (G)(1) 13950
of this section, exempt the individual from the consultation 13951
pursuant to rules that may be adopted under division (L) of this 13952
section;13953

       (b) In the case of an applicant for admission to a nursing 13954
facility, provide the consultation after the individual is 13955
admitted to the nursing facility;13956

       (c) In the case of a resident of a nursing facility, provide 13957
the consultation as soon as practicable.13958

       (I) An individual is not required to be provided a long-term 13959
care consultation under division (G)(1) of this section if any of 13960
the following apply:13961

       (1) The department or program administrator has attempted to 13962
provide the consultation, but the individual or the individual's 13963
representative refuses to cooperate;13964

       (2) The individual is to receive care in a nursing facility 13965
under a contract for continuing care as defined in section 173.13 13966
of the Revised Code;13967

       (3) The individual has a contractual right to admission to a 13968
nursing facility operated as part of a system of continuing care 13969
in conjunction with one or more facilities that provide a less 13970
intensive level of services, including a residential care facility 13971
licensed under Chapter 3721. of the Revised Code, an adult care 13972
facility licensed under Chapter 3722.sections 5119.70 to 5119.8813973
of the Revised Code, or an independent living arrangement;13974

       (4) The individual is to receive continual care in a home for 13975
the aged exempt from taxation under section 5701.13 of the Revised 13976
Code;13977

       (5) The individual is seeking admission to a facility that is 13978
not a nursing facility with a provider agreement under section 13979
5111.22, 5111.671, or 5111.672 of the Revised Code;13980

       (6) The individual is exempted from the long-term care 13981
consultation requirement by the department or the program 13982
administrator pursuant to rules that may be adopted under division 13983
(L) of this section.13984

        (J) As part of the long-term care consultation program, the 13985
department or program administrator shall assist an individual or 13986
individual's representative in accessing all sources of care and 13987
services that are appropriate for the individual and for which the 13988
individual is eligible, including all available home and 13989
community-based services covered by medicaid components the 13990
department of aging administers. The assistance shall include 13991
providing for the conduct of assessments or other evaluations and 13992
the development of individualized plans of care or services under 13993
section 173.424 of the Revised Code.13994

       (K) No nursing facility for which an operator has a provider 13995
agreement under section 5111.22, 5111.671, or 5111.672 of the 13996
Revised Code shall admit any individual as a resident, unless the 13997
nursing facility has received evidence that a long-term care 13998
consultation has been completed for the individual or division (I) 13999
of this section is applicable to the individual.14000

       (L) The director of aging may adopt any rules the director 14001
considers necessary for the implementation and administration of 14002
this section. The rules shall be adopted in accordance with 14003
Chapter 119. of the Revised Code and may specify any or all of the 14004
following:14005

       (1) Procedures for providing long-term care consultations 14006
pursuant to this section;14007

       (2) Information to be provided through long-term care 14008
consultations regarding long-term care services that are 14009
available;14010

       (3) Criteria and procedures to be used to identify and 14011
recommend appropriate service options for an individual receiving 14012
a long-term care consultation;14013

       (4) Criteria for exempting individuals from the long-term 14014
care consultation requirement;14015

       (5) Circumstances under which it may be appropriate to 14016
provide an individual's long-term care consultation after the 14017
individual's admission to a nursing facility rather than before 14018
admission;14019

        (6) Criteria for identifying nursing facility residents who 14020
would benefit from the provision of a long-term care consultation;14021

       (7) A description of the types of information from a nursing 14022
facility that is needed under the long-term care consultation 14023
program to assist a resident with relocation from the facility;14024

       (8) Standards to prevent conflicts of interest relative to 14025
the referrals made by a person who performs a long-term care 14026
consultation, including standards that prohibit the person from 14027
being employed by a provider of long-term care services;14028

       (9) Procedures for providing notice and an opportunity for a 14029
hearing under division (N) of this section.14030

       (M) To assist the department and each program administrator 14031
with identifying individuals who are likely to benefit from a 14032
long-term care consultation, the department and program 14033
administrator may ask to be given access to nursing facility 14034
resident assessment data collected through the use of the resident 14035
assessment instrument specified in rules adopted under section 14036
5111.02 of the Revised Code for purposes of the medicaid program. 14037
Except when prohibited by state or federal law, the department of 14038
health, department of job and family services, or nursing facility 14039
holding the data shall grant access to the data on receipt of the 14040
request from the department of aging or program administrator.14041

       (N)(1) The director of aging, after providing notice and an 14042
opportunity for a hearing, may fine a nursing facility an amount 14043
determined by rules the director shall adopt in accordance with 14044
Chapter 119. of the Revised Code for any of the following reasons:14045

       (a) The nursing facility admits an individual, without 14046
evidence that a long-term care consultation has been provided, as 14047
required by this section;14048

       (b) The nursing facility denies a person attempting to 14049
provide a long-term care consultation access to the facility or a 14050
resident of the facility;14051

       (c) The nursing facility denies the department of aging or 14052
program administrator access to the facility or a resident of the 14053
facility, as the department or administrator considers necessary 14054
to administer the program.14055

       (2) In accordance with section 5111.62 of the Revised Code, 14056
all fines collected under division (N)(1) of this section shall be 14057
deposited into the state treasury to the credit of the residents 14058
protection fund.14059

       Sec. 173.45. As used in this section and in sections 173.46 14060
to 173.49 of the Revised Code:14061

        (A) "Adult care facility" has the same meaning as in section 14062
5119.70 of the Revised Code.14063

       (B) "Community-based long-term care services" has the same 14064
meaning as in section 173.14 of the Revised Code.14065

       (C) "Long-term care facility" means a nursing home or 14066
residential care facility.14067

       (B)(D) "Nursing home" and "residential care facility" have 14068
the same meanings as in section 3721.01 of the Revised Code.14069

       (C)(E) "Nursing facility" has the same meaning as in section 14070
5111.20 of the Revised Code.14071

       Sec. 173.46. (A) The department of aging shall develop and 14072
publish a guide to long-term care facilities for use by 14073
individuals considering long-term care facility admission and 14074
their families, friends, and advisors. The guide, which shall be 14075
titled the Ohio long-term care consumer guide, may be published in 14076
printed form or in electronic form for distribution over the 14077
internet. The guide may be developed as a continuation or 14078
modification of the guide published by the department prior to the 14079
effective date of this sectionSeptember 29, 2005, under rules 14080
adopted under section 173.02 of the Revised Code.14081

        (B) The Ohio long-term care consumer guide shall include 14082
information on each long-term care facility in this state. For 14083
each facility, the guide shall include the following information, 14084
as applicable to the facility:14085

        (1) Information regarding the facility's compliance with 14086
state statutes and rules and federal statutes and regulations;14087

        (2) Information generated by the centers for medicare and 14088
medicaid services of the United States department of health and 14089
human services from the quality measures developed as part of its 14090
nursing home quality initiative;14091

        (3) Results of the customer satisfaction surveys conducted 14092
under section 173.47 of the Revised Code;14093

        (4) Any other information the department specifies in rules 14094
adopted under section 173.49 of the Revised Code.14095

       (C) The Ohio long-term care consumer guide may include 14096
information on adult care facilities and providers of 14097
community-based long-term care services. The department may adopt 14098
rules under section 173.49 of the Revised Code to specify the 14099
information to be included in the guide pursuant to this division.14100

       Sec. 173.47. (A) For purposes of publishing the Ohio 14101
long-term care consumer guide, the department of aging shall 14102
conduct or provide for the conduct of an annual customer 14103
satisfaction survey of each long-term care facility. The results 14104
of the surveys may include information obtained from long-term 14105
care facility residents, their families, or both.14106

        (B)(1) The department may charge fees for the conduct of 14107
annual customer satisfaction surveys. The department may contract 14108
with any person or government entity to collect the fees on its 14109
behalf. All fees collected under this section shall be deposited 14110
in accordance with section 173.48 of the Revised Code.14111

       (2) The fees charged under this section shall not exceed the 14112
following amounts:14113

       (a) Four hundred dollars for the customer satisfaction survey 14114
of a long-term care facility that is a nursing home;14115

       (b) Three hundred dollars for the customer satisfaction 14116
survey pertaining to a long-term care facility that is a 14117
residential care facility.14118

       (3) Fees paid by a long-term care facility that is a nursing 14119
facility shall be reimbursed through the medicaid program operated 14120
under Chapter 5111. of the Revised Code.14121

       (C) Each long-term care facility shall cooperate in the 14122
conduct of its annual customer satisfaction survey.14123

       Sec. 173.48. (A)(1) The department of aging may charge annual 14124
fees to long-term care facilities for the publication of the Ohio 14125
long-term care consumer guide. The department may contract with 14126
any person or government entity to collect the fees on its behalf. 14127
All fees collected under this section shall be deposited in 14128
accordance with division (B) of this section.14129

       (2) The annual fees charged under this section shall not 14130
exceed the following amounts:14131

       (a) Six hundred fifty dollars for each long-term care 14132
facility that is a nursing home;14133

       (b) Three hundred dollars for each long-term care facility 14134
that is a residential care facility.14135

       (3) Fees paid by a long-term care facility that is a nursing 14136
facility shall be reimbursed through the medicaid program operated 14137
under Chapter 5111. of the Revised Code.14138

       (B) There is hereby created in the state treasury the 14139
long-term care consumer guide fund. Money collected from the fees 14140
charged for the conduct of customer satisfaction surveys14141
publication of the Ohio long-term care consumer guide under 14142
division (A) of this section 173.47 of the Revised Code shall be 14143
credited to the fund. The department of aging shall use money in 14144
the fund for costs associated with publishing the Ohio long-term 14145
care consumer guide, including, but not limited to, costs incurred 14146
in conducting or providing for the conduct of customer 14147
satisfaction surveys.14148

       Sec. 173.501.  (A) As used in this section:14149

        "Nursing facility" has the same meaning as in section 5111.20 14150
of the Revised Code.14151

       "PACE provider" has the same meaning as in 42 U.S.C. 14152
1396u-4(a)(3).14153

       (B) The department of aging shall establish a home first 14154
component of the PACE program under which eligible individuals may 14155
be enrolled in the PACE program in accordance with this section. 14156
An individual is eligible for the PACE program's home first 14157
component if allboth of the following apply:14158

       (1) The individual ishas been determined to be eligible for 14159
the PACE program.14160

       (2) The individual is on the unified waiting list established 14161
under section 173.404 of the Revised Code.14162

       (3) At least one of the following applies:14163

       (a) The individual has been admitted to a nursing facility.14164

       (b) A physician has determined and documented in writing that 14165
the individual has a medical condition that, unless the individual 14166
is enrolled in home and community-based services such as the PACE 14167
program, will require the individual to be admitted to a nursing 14168
facility within thirty days of the physician's determination.14169

       (c) The individual has been hospitalized and a physician has 14170
determined and documented in writing that, unless the individual 14171
is enrolled in home and community-based services such as the PACE 14172
program, the individual is to be transported directly from the 14173
hospital to a nursing facility and admitted.14174

       (d) Both of the following apply:14175

       (i) The individual is the subject of a report made under 14176
section 5101.61 of the Revised Code regarding abuse, neglect, or 14177
exploitation or such a report referred to a county department of 14178
job and family services under section 5126.31 of the Revised Code 14179
or has made a request to a county department for protective 14180
services as defined in section 5101.60 of the Revised Code.14181

       (ii) A county department of job and family services and an 14182
area agency on aging have jointly documented in writing that, 14183
unless the individual is enrolled in home and community-based 14184
services such as the PACE program, the individual should be 14185
admitted to a nursing facility.14186

       (C) Each month, the department of aging shall identify 14187
individuals who are eligible for the home first component of the 14188
PACE program. When the department identifies such an individual, 14189
the department shall notify the PACE provider serving the area in 14190
which the individual resides. The PACE provider shall determine 14191
whether the PACE program is appropriate for the individual and 14192
whether the individual would rather participate in the PACE 14193
program than continue or begin to reside in a nursing facility. If 14194
the PACE provider determines that the PACE program is appropriate 14195
for the individual and the individual would rather participate in 14196
the PACE program than continue or begin to reside in a nursing 14197
facility, the PACE provider shall so notify the department of 14198
aging. On receipt of the notice from the PACE provider, the 14199
department of aging shall approve the individual's enrollment in 14200
the PACE program in accordance with priorities established in 14201
rules adopted under section 173.50 of the Revised Code. 14202

       (D) Each quarter, the department of aging shall certify to 14203
the director of budget and management the estimated increase in 14204
costs of the PACE program resulting from enrollment of individuals 14205
in the PACE program pursuant to this section.14206

       Sec. 183.151.  (A) As used in this section, "eligible 14207
institution of higher education" includes any of the following:14208

       (1) A state institution of higher education as defined in 14209
section 3345.011 of the Revised Code;14210

       (2) A private, nonprofit college or university that holds a 14211
certificate of authorization issued under Chapter 1713. of the 14212
Revised Code;14213

       (3) An institution that has a certificate of registration 14214
from the state board of career colleges and schools;14215

       (4) A private institution exempt from regulation under 14216
Chapter 3332. of the Revised Code as prescribed in section 14217
3333.046 of the Revised Code;14218

       (5) An institution of higher education located outside of the 14219
state, but within fifty miles of the borders of this state.14220

       (B) Grants or loans awarded by the southern Ohio agricultural 14221
and community development foundation to provide education and 14222
training assistance pursuant to section 183.15 of the Revised Code 14223
shall be limited to applicants who are enrolled in an eligible 14224
institution of higher education. This section applies to grants 14225
and loans awarded by the foundation after the effective date of 14226
this section.14227

       Sec. 183.30.  (A)(1) Except as provided in division (C)(A)(2)14228
of this section, no more than five per cent of the total 14229
disbursements, encumbrances, and obligations of the southern Ohio 14230
agricultural and community development foundation in a fiscal year 14231
shall be for administrative expenses of the foundation in the same 14232
fiscal year.14233

       (B) Except as provided in division (C) of this section, no 14234
more than five per cent of the total disbursements, encumbrances, 14235
and obligations of the biomedical research and technology transfer 14236
trust fund in a fiscal year shall be for expenses relating to the 14237
administration of the trust fund by the third frontier commission 14238
in the same fiscal year.14239

       (C) This section's(2) The five per cent limitation on 14240
administrative expenses does not apply to any fiscal year for 14241
which the controlling board approves a spending plan that the 14242
foundation or commission submits to the board.14243

       (B) Payments may be made from the biomedical research and 14244
technology transfer trust fund for third frontier commission 14245
expenses related to the administration of awards made from the 14246
fund prior to the effective date of this section. No such payments 14247
shall be made after June 30, 2013.14248

       Sec. 183.51. (A) As used in this section and in the 14249
applicable bond proceedings unless otherwise provided:14250

       (1) "Bond proceedings" means the resolutions, orders, 14251
indentures, purchase and sale and trust and other agreements 14252
including any amendments or supplements to them, and credit 14253
enhancement facilities, and amendments and supplements to them, or 14254
any one or more or combination of them, authorizing, awarding, or 14255
providing for the terms and conditions applicable to or providing 14256
for the security or liquidity of, the particular obligations, and 14257
the provisions contained in those obligations.14258

       (2) "Bond service fund" means the bond service fund created 14259
in the bond proceedings for the obligations.14260

       (3) "Capital facilities" means, as applicable, capital 14261
facilities or projects as referred to in section 151.03 or 151.04 14262
of the Revised Code.14263

       (4) "Consent decree" means the consent decree and final 14264
judgment entered November 25, 1998, in the court of common pleas 14265
of Franklin county, Ohio, as the same may be amended or 14266
supplemented from time to time.14267

        (5) "Cost of capital facilities" has the same meaning as in 14268
section 151.01 of the Revised Code, as applicable.14269

       (6) "Credit enhancement facilities," "financing costs," and 14270
"interest" or "interest equivalent" have the same meanings as in 14271
section 133.01 of the Revised Code.14272

       (7) "Debt service" means principal, including any mandatory 14273
sinking fund or redemption requirements for retirement of 14274
obligations, interest and other accreted amounts, interest 14275
equivalent, and any redemption premium, payable on obligations. If 14276
not prohibited by the applicable bond proceedings, "debt service" 14277
may include costs relating to credit enhancement facilities that 14278
are related to and represent, or are intended to provide a source 14279
of payment of or limitation on, other debt service.14280

       (8) "Improvement fund" means, as applicable, the school 14281
building program assistance fund created in section 3318.25 of the 14282
Revised Code and the higher education improvement fund created in 14283
section 154.21 of the Revised Code.14284

       (9) "Issuing authority" means the buckeye tobacco settlement 14285
financing authority created in section 183.52 of the Revised Code.14286

       (10) "Net proceeds" means amounts received from the sale of 14287
obligations, excluding amounts used to refund or retire 14288
outstanding obligations, amounts required to be deposited into 14289
special funds pursuant to the applicable bond proceedings, and 14290
amounts to be used to pay financing costs.14291

       (11) "Obligations" means bonds, notes, or other evidences of 14292
obligation of the issuing authority, including any appertaining 14293
interest coupons, issued by the issuing authority under this 14294
section and Section 2i of Article VIII, Ohio Constitution, for the 14295
purpose of providing funds to the state, in exchange for the 14296
assignment and sale described in division (B) of this section, for 14297
the purpose of paying costs of capital facilities for: (a) housing 14298
branches and agencies of state government limited to facilities 14299
for a system of common schools throughout the state and (b) 14300
state-supported or state-assisted institutions of higher 14301
education.14302

       (12) "Pledged receipts" means, as and to the extent provided 14303
for in the applicable bond proceedings:14304

       (a) Pledged tobacco settlement receipts;14305

       (b) Accrued interest received from the sale of obligations;14306

       (c) Income from the investment of the special funds;14307

       (d) Additional or any other specific revenues or receipts 14308
lawfully available to be pledged, and pledged, pursuant to the 14309
bond proceedings, including but not limited to amounts received 14310
under credit enhancement facilities, to the payment of debt 14311
service.14312

       (13) "Pledged tobacco settlement receipts" means all amounts 14313
received by the issuing authority pursuant to division (B) of this 14314
section.14315

       (14) "Principal amount" means the aggregate of the amount as 14316
stated or provided for in the applicable bond proceedings as the 14317
amount on which interest or interest equivalent on particular 14318
obligations is initially calculated. "Principal amount" does not 14319
include any premium paid to the issuing authority by the initial 14320
purchaser of the obligations. "Principal amount" of a capital 14321
appreciation bond, as defined in division (C) of section 3334.01 14322
of the Revised Code, means its original face amount and not its 14323
accreted value, and "principal amount" of a zero coupon bond, as 14324
defined in division (J) of section 3334.01 of the Revised Code, 14325
means the discounted offering price at which the bond is initially 14326
sold to the public, disregarding any purchase price discount to 14327
the original purchaser, if provided in or for pursuant to the bond 14328
proceedings.14329

       (15) "Special funds" or "funds," unless the context indicates 14330
otherwise, means the bond service fund, and any other funds, 14331
including any reserve funds, created under the bond proceedings 14332
and stated to be special funds in those proceedings, including 14333
moneys and investments, and earnings from investments, credited 14334
and to be credited to the particular fund. "Special funds" does 14335
not include any improvement fund or investment earnings on amounts 14336
in any improvement fund, or other funds created by the bond 14337
proceedings that are not stated by those proceedings to be special 14338
funds.14339

       (B) The state may assign and sell to the issuing authority, 14340
and the issuing authority may accept and purchase, all or a 14341
portion of the amounts to be received by the state under the 14342
tobacco master settlement agreement for a purchase price payable 14343
by the issuing authority to the state consisting of the net 14344
proceeds of obligations and any residual interest, if any. Any 14345
such assignment and sale shall be irrevocable in accordance with 14346
its terms during the period any obligations secured by amounts so 14347
assigned and sold are outstanding under the applicable bond 14348
proceedings, and shall constitute a contractual obligation to the 14349
holders or owners of those obligations. Any such assignment and 14350
sale shall also be treated as an absolute transfer and true sale 14351
for all purposes, and not as a pledge or other security interest. 14352
The characterization of any such assignment and sale as a true 14353
sale and absolute transfer shall not be negated or adversely 14354
affected by only a portion of the amounts to be received under the 14355
tobacco master settlement agreement being transferred, the 14356
acquisition or retention by the state of a residual interest, the 14357
participation of any state officer or employee as a member or 14358
officer of, or providing staff support to, the issuing authority, 14359
any responsibility of an officer or employee of the state for 14360
collecting the amounts to be received under the tobacco master 14361
settlement agreement or otherwise enforcing that agreement or 14362
retaining any legal title to or interest in any portion of the 14363
amounts to be received under that agreement for the purpose of 14364
these collection activities, any characterization of the issuing 14365
authority or its obligations for purposes of accounting, taxation, 14366
or securities regulation, or by any other factors whatsoever. A 14367
true sale shall exist under this section regardless of whether the 14368
issuing authority has any recourse against the state or any other 14369
term of the bond proceedings or the treatment or characterization 14370
of the transfer as a financing for any purpose. Upon and following 14371
the assignment and sale, the state shall not have any right, 14372
title, or interest in the portion of the receipts under the 14373
tobacco master settlement agreement so assigned and sold, other 14374
than any residual interest that may be described in the applicable 14375
bond proceedings for those obligations, and that portion, if any, 14376
shall be the property of the issuing authority and not of the 14377
state, and shall be paid directly to the issuing authority, and 14378
shall be owned, received, held, and disbursed by the issuing 14379
authority and not by the state. 14380

       The state may covenant, pledge, and agree in the bond 14381
proceedings, with and for the benefit of the issuing authority, 14382
the holders and owners of obligations, and providers of any credit 14383
enhancement facilities, that it shall: (1) maintain statutory 14384
authority for, and cause to be collected and paid directly to the 14385
issuing authority or its assignee, the pledged receipts, (2) 14386
enforce the rights of the issuing authority to receive the 14387
receipts under the tobacco master settlement agreement assigned 14388
and sold to the issuing authority, (3) not materially impair the 14389
rights of the issuing authority to fulfill the terms of its 14390
agreements with the holders or owners of outstanding obligations 14391
under the bond proceedings, (4) not materially impair the rights 14392
and remedies of the holders or owners of outstanding obligations 14393
or materially impair the security for those outstanding 14394
obligations, and (5) enforce Chapter 1346. of the Revised Code, 14395
the tobacco master settlement agreement, and the consent decree to 14396
effectuate the collection of the pledged tobacco settlement 14397
receipts. The bond proceedings may provide or authorize the manner 14398
for determining material impairment of the security for any 14399
outstanding obligations, including by assessing and evaluating the 14400
pledged receipts in the aggregate.14401

        As further provided for in division (H) of this section, the 14402
bond proceedings may also include such other covenants, pledges, 14403
and agreements by the state to protect and safeguard the security 14404
and rights of the holders and owners of the obligations, and of 14405
the providers of any credit enhancement facilities, including, 14406
without limiting the generality of the foregoing, any covenant, 14407
pledge, or agreement customary in transactions involving the 14408
issuance of securities the debt service on which is payable from 14409
or secured by amounts received under the tobacco master settlement 14410
agreement. Notwithstanding any other provision of law, any 14411
covenant, pledge, and agreement of the state, if and when made in 14412
the bond proceedings, shall be controlling and binding upon, and 14413
enforceable against the state in accordance with its terms for so 14414
long as any obligations are outstanding under the applicable bond 14415
proceedings. The bond proceedings may also include limitations on 14416
the remedies available to the issuing authority, the holders and 14417
owners of the obligations, and the providers of any credit 14418
enhancement facilities, including, without limiting the generality 14419
of the foregoing, a provision that those remedies may be limited 14420
to injunctive relief in circumstances where there has been no 14421
prior determination by a court of competent jurisdiction that the 14422
state has not enforced Chapter 1346. of the Revised Code, the 14423
tobacco master settlement agreement, or the consent decree as may 14424
have been covenanted or agreed in the bond proceedings under 14425
division (B)(5) of this section.14426

        Nothing in this section or the bond proceedings shall 14427
preclude or limit, or be construed to preclude or limit, the state 14428
from regulating or authorizing or permitting the regulation of 14429
smoking or from taxing and regulating the sale of cigarettes or 14430
other tobacco products, or from defending or prosecuting cases or 14431
other actions relating to the sale or use of cigarettes or other 14432
tobacco products. Except as otherwise may be agreed in writing by 14433
the attorney general, nothing in this section or the bond 14434
proceedings shall modify or limit, or be construed to modify or 14435
limit, the responsibility, power, judgment, and discretion of the 14436
attorney general to protect and discharge the duties, rights, and 14437
obligations of the state under the tobacco master settlement 14438
agreement, the consent decree, or Chapter 1346. of the Revised 14439
Code.14440

       The governor and the director of budget and management, in 14441
consultation with the attorney general, on behalf of the state, 14442
and any member or officer of the issuing authority as authorized 14443
by that issuing authority, on behalf of the issuing authority, may 14444
take any action and execute any documents, including any purchase 14445
and sale agreements, necessary to effect the assignment and sale 14446
and the acceptance of the assignment and title to the receipts 14447
including, providing irrevocable direction to the escrow agent 14448
acting under the tobacco master settlement agreement to transfer 14449
directly to the issuing authority the amounts to be received under 14450
that agreement that are subject to such assignment and sale. Any 14451
purchase and sale agreement or other bond proceedings may contain 14452
the terms and conditions established by the state and the issuing 14453
authority to carry out and effectuate the purposes of this 14454
section, including, without limitation, covenants binding the 14455
state in favor of the issuing authority and its assignees and the 14456
owners of the obligations. Any such purchase and sale agreement 14457
shall be sufficient to effectuate such purchase and sale without 14458
regard to any other laws governing other property sales or 14459
financial transactions by the state.14460

       Not later than two years following the date on which there 14461
are no longer any obligations outstanding under the bond 14462
proceedings, all assets of the issuing authority shall vest in the 14463
state, the issuing authority shall execute any necessary 14464
assignments or instruments, including any assignment of any right, 14465
title, or ownership to the state for receipt of amounts under the 14466
tobacco master settlement agreement, and the issuing authority 14467
shall be dissolved.14468

       (C) The issuing authority is authorized to issue and to sell 14469
obligations as provided in this section. The aggregate principal 14470
amount of obligations issued under this section shall not exceed 14471
six billion dollars, exclusive of obligations issued under 14472
division (M)(1) of this section to refund, renew, or advance 14473
refund other obligations issued or incurred. At least seventy-five 14474
per cent of the aggregate net proceeds of the obligations issued 14475
under the authority of this section, exclusive of obligations 14476
issued to refund, renew, or advance refund other obligations, 14477
shall be paid to the state for deposit into the school building 14478
program assistance fund created in section 3318.25 of the Revised 14479
Code.14480

       (D) Each issue of obligations shall be authorized by 14481
resolution or order of the issuing authority. The bond proceedings 14482
shall provide for or authorize the manner for determining the 14483
principal amount or maximum principal amount of obligations of an 14484
issue, the principal maturity or maturities, the interest rate or 14485
rates, the date of and the dates of payment of interest on the 14486
obligations, their denominations, and the place or places of 14487
payment of debt service which may be within or outside the state. 14488
Unless otherwise provided by law, the latest principal maturity 14489
may not be later than the earlier of the thirty-first day of 14490
December of the fiftieth calendar year after the year of issuance 14491
of the particular obligations or of the fiftieth calendar year 14492
after the year in which the original obligation to pay was issued 14493
or entered into. Sections 9.96, 9.98, 9.981, 9.982, and 9.983 of 14494
the Revised Code apply to the obligations.14495

       The purpose of the obligations may be stated in the bond 14496
proceedings in general terms, such as, as applicable, "paying 14497
costs of capital facilities for a system of common schools" and 14498
"paying costs of facilities for state-supported and state-assisted 14499
institutions of higher education." Unless otherwise provided in 14500
the bond proceedings or in division (C) of this section, the net 14501
proceeds from the issuance of the obligations shall be paid to the 14502
state for deposit into the applicable improvement fund. In 14503
addition to the investments authorized in Chapter 135. of the 14504
Revised Code, the net proceeds held in an improvement fund may be 14505
invested by the treasurer of state in guaranteed investment 14506
contracts with providers rated at the time of any investment in 14507
the three highest rating categories by two nationally recognized 14508
rating agencies, all subject to the terms and conditions set forth 14509
in those agreements or the bond proceedings. Notwithstanding 14510
division (B)(4) of section 3318.38anything to the contrary in 14511
Chapter 3318. of the Revised Code, net proceeds of obligations 14512
deposited into the school building program assistance fund created 14513
in section 3318.25 of the Revised Code may be used to pay basic 14514
project costs under section 3318.38 of the Revised Codethat 14515
chapter at the times determined by the Ohio school facilities 14516
commission without regard to whether those expenditures are in 14517
proportion to the state's and the school district's respective 14518
shares of that basic project cost; provided that this shall not 14519
result in any change in the state or school district shares of the 14520
basic project costs provided under Chapter 3318. of the Revised 14521
Codeas determined under that chapter. As used in the preceding 14522
sentence, "Ohio school facilities commission" and "basic project 14523
costs" have the same meanings as in section 3318.01 of the Revised 14524
Code.14525

       (E) The issuing authority may, without need for any other 14526
approval, appoint or provide for the appointment of paying agents, 14527
bond registrars, securities depositories, credit enhancement 14528
providers or counterparties, clearing corporations, and transfer 14529
agents, and retain or contract for the services of underwriters, 14530
investment bankers, financial advisers, accounting experts, 14531
marketing, remarketing, indexing, and administrative agents, other 14532
consultants, and independent contractors, including printing 14533
services, as are necessary in the judgment of the issuing 14534
authority to carry out the issuing authority's functions under 14535
this section and section 183.52 of the Revised Code. The attorney 14536
general as counsel to the issuing authority shall represent the 14537
authority in the execution of its powers and duties, and shall 14538
institute and prosecute all actions on its behalf. The issuing 14539
authority, in consultation with the attorney general, shall select 14540
counsel, and the attorney general shall appoint the counsel 14541
selected, for the purposes of carrying out the functions under 14542
this section and related sections of the Revised Code. Financing 14543
costs are payable, as may be provided in the bond proceedings, 14544
from the proceeds of the obligations, from special funds, or from 14545
other moneys available for the purpose, including as to future 14546
financing costs, from the pledged receipts.14547

       (F) The issuing authority may irrevocably pledge and assign 14548
all, or such portion as the issuing authority determines, of the 14549
pledged receipts to the payment of the debt service charges on 14550
obligations issued under this section, and for the establishment 14551
and maintenance of any reserves, as provided in the bond 14552
proceedings, and make other provisions in the bond proceedings 14553
with respect to pledged receipts as authorized by this section, 14554
which provisions are controlling notwithstanding any other 14555
provisions of law pertaining to them. Any and all pledged receipts 14556
received by the issuing authority and required by the bond 14557
proceedings, consistent with this section, to be deposited, 14558
transferred, or credited to the bond service fund, and all other 14559
money transferred or allocated to or received for the purposes of 14560
that fund, shall be deposited and credited to the bond service 14561
fund created in the bond proceedings for the obligations, subject 14562
to any applicable provisions of those bond proceedings, but 14563
without necessity for any act of appropriation. Those pledged 14564
receipts shall immediately be subject to the lien of that pledge 14565
without any physical delivery thereof or further act, and shall 14566
not be subject to other court judgments. The lien of the pledge of 14567
those pledged receipts shall be valid and binding against all 14568
parties having claims of any kind against the issuing authority, 14569
irrespective of whether those parties have notice thereof. The 14570
pledge shall create a perfected security interest for all purposes 14571
of Chapter 1309. of the Revised Code and a perfected lien for 14572
purposes of any other interest, all without the necessity for 14573
separation or delivery of funds or for the filing or recording of 14574
the applicable bond proceedings by which that pledge is created or 14575
any certificate, statement, or other document with respect 14576
thereto. The pledge of the pledged receipts shall be effective and 14577
the money therefrom and thereof may be applied to the purposes for 14578
which pledged.14579

       (G) Obligations may be further secured, as determined by the 14580
issuing authority, by an indenture or a trust agreement between 14581
the issuing authority and a corporate trustee, which may be any 14582
trust company or bank having a place of business within the state. 14583
Any indenture or trust agreement may contain the resolution or 14584
order authorizing the issuance of the obligations, any provisions 14585
that may be contained in any bond proceedings, and other 14586
provisions that are customary or appropriate in an agreement of 14587
that type, including, but not limited to:14588

       (1) Maintenance of each pledge, indenture, trust agreement, 14589
or other instrument comprising part of the bond proceedings until 14590
the issuing authority has fully paid or provided for the payment 14591
of debt service on the obligations secured by it;14592

       (2) In the event of default in any payments required to be 14593
made by the bond proceedings, enforcement of those payments or 14594
agreements by mandamus, the appointment of a receiver, suit in 14595
equity, action at law, or any combination of them;14596

       (3) The rights and remedies of the holders or owners of 14597
obligations and of the trustee and provisions for protecting and 14598
enforcing them, including limitations on rights of individual 14599
holders and owners.14600

       (H) The bond proceedings may contain additional provisions 14601
customary or appropriate to the financing or to the obligations or 14602
to particular obligations including, but not limited to, 14603
provisions for:14604

       (1) The redemption of obligations prior to maturity at the 14605
option of the issuing authority or of the holder or upon the 14606
occurrence of certain conditions, and at a particular price or 14607
prices and under particular terms and conditions;14608

       (2) The form of and other terms of the obligations;14609

       (3) The establishment, deposit, investment, and application 14610
of special funds, and the safeguarding of moneys on hand or on 14611
deposit, in lieu of the applicability of provisions of Chapter 14612
131. or 135. of the Revised Code, but subject to any special 14613
provisions of this section with respect to the application of 14614
particular funds or moneys. Any financial institution that acts as 14615
a depository of any moneys in special funds or other funds under 14616
the bond proceedings may furnish indemnifying bonds or pledge 14617
securities as required by the issuing authority.14618

       (4) Any or every provision of the bond proceedings being 14619
binding upon the issuing authority and upon such governmental 14620
agency or entity, officer, board, authority, agency, department, 14621
institution, district, or other person or body as may from time to 14622
time be authorized to take actions as may be necessary to perform 14623
all or any part of the duty required by the provision;14624

       (5) The maintenance of each pledge or instrument comprising 14625
part of the bond proceedings until the issuing authority has fully 14626
paid or provided for the payment of the debt service on the 14627
obligations or met other stated conditions;14628

       (6) In the event of default in any payments required to be 14629
made by the bond proceedings, or by any other agreement of the 14630
issuing authority made as part of a contract under which the 14631
obligations were issued or secured, including a credit enhancement 14632
facility, the enforcement of those payments by mandamus, a suit in 14633
equity, an action at law, or any combination of those remedial 14634
actions;14635

       (7) The rights and remedies of the holders or owners of 14636
obligations or of book-entry interests in them, and of third 14637
parties under any credit enhancement facility, and provisions for 14638
protecting and enforcing those rights and remedies, including 14639
limitations on rights of individual holders or owners;14640

       (8) The replacement of mutilated, destroyed, lost, or stolen 14641
obligations;14642

       (9) The funding, refunding, or advance refunding, or other 14643
provision for payment, of obligations that will then no longer be 14644
outstanding for purposes of this section or of the applicable bond 14645
proceedings;14646

       (10) Amendment of the bond proceedings;14647

       (11) Any other or additional agreements with the owners of 14648
obligations, and such other provisions as the issuing authority 14649
determines, including limitations, conditions, or qualifications, 14650
relating to any of the foregoing or the activities of the issuing 14651
authority in connection therewith.14652

       The bond proceedings shall make provision for the payment of 14653
the expenses of the enforcement activity of the attorney general 14654
referred to in division (B) of this section from the amounts from 14655
the tobacco master settlement agreement assigned and sold to the 14656
issuing authority under that division or from the proceeds of 14657
obligations, or a combination thereof, which may include provision 14658
for both annual payments and a special fund providing reserve 14659
amounts for the payment of those expenses.14660

       The issuing authority shall not, and shall covenant in the 14661
bond proceedings that it shall not, be authorized to and shall not 14662
file a voluntary petition under the United States Bankruptcy Code, 14663
11 U.S.C. 101 et seq., as amended, or voluntarily commence any 14664
similar bankruptcy proceeding under state law including, without 14665
limitation, consenting to the appointment of a receiver or trustee 14666
or making a general or specific assignment for the benefit of 14667
creditors, and neither any public officer or any organization, 14668
entity, or other person shall authorize the issuing authority to 14669
be or become a debtor under the United States Bankruptcy Code or 14670
take any of those actions under the United States Bankruptcy Code 14671
or state law. The state hereby covenants, and the issuing 14672
authority shall covenant, with the holders or owners of the 14673
obligations, that the state shall not permit the issuing authority 14674
to file a voluntary petition under the United States Bankruptcy 14675
Code or take any of those actions under the United States 14676
Bankruptcy Code or state law during the period obligations are 14677
outstanding and for any additional period for which the issuing 14678
authority covenants in the bond proceedings, which additional 14679
period may, but need not, be a period of three hundred sixty-seven 14680
days or more.14681

       (I) The obligations requiring execution by or for the issuing 14682
authority shall be signed as provided in the bond proceedings, and 14683
may bear the official seal of the issuing authority or a facsimile 14684
thereof. Any obligation may be signed by the individual who, on 14685
the date of execution, is the authorized signer even though, on 14686
the date of the obligations, that individual is not an authorized 14687
signer. In case the individual whose signature or facsimile 14688
signature appears on any obligation ceases to be an authorized 14689
signer before delivery of the obligation, that signature or 14690
facsimile is nevertheless valid and sufficient for all purposes as 14691
if that individual had remained the authorized signer until 14692
delivery.14693

       (J) Obligations are investment securities under Chapter 1308. 14694
of the Revised Code. Obligations may be issued in bearer or in 14695
registered form, registrable as to principal alone or as to both 14696
principal and interest, or both, or in certificated or 14697
uncertificated form, as the issuing authority determines. 14698
Provision may be made for the exchange, conversion, or transfer of 14699
obligations and for reasonable charges for registration, exchange, 14700
conversion, and transfer. Pending preparation of final 14701
obligations, the issuing authority may provide for the issuance of 14702
interim instruments to be exchanged for the final obligations.14703

       (K) Obligations may be sold at public sale or at private 14704
sale, in such manner, and at such price at, above, or below par, 14705
all as determined by and provided by the issuing authority in the 14706
bond proceedings.14707

       (L) Except to the extent that rights are restricted by the 14708
bond proceedings, any owner of obligations or provider of or 14709
counterparty to a credit enhancement facility may by any suitable 14710
form of legal proceedings protect and enforce any rights relating 14711
to obligations or that facility under the laws of this state or 14712
granted by the bond proceedings. Those rights include the right to 14713
compel the performance of all applicable duties of the issuing 14714
authority and the state. Each duty of the issuing authority and 14715
that issuing authority's officers, staff, and employees, and of 14716
each state entity or agency, or using district or using 14717
institution, and its officers, members, staff, or employees, 14718
undertaken pursuant to the bond proceedings, is hereby established 14719
as a duty of the entity or individual having authority to perform 14720
that duty, specifically enjoined by law and resulting from an 14721
office, trust, or station within the meaning of section 2731.01 of 14722
the Revised Code. The individuals who are from time to time 14723
members of the issuing authority, or their designees acting 14724
pursuant to section 183.52 of the Revised Code, or the issuing 14725
authority's officers, staff, agents, or employees, when acting 14726
within the scope of their employment or agency, shall not be 14727
liable in their personal capacities on any obligations or 14728
otherwise under the bond proceedings, or for otherwise exercising 14729
or carrying out any purposes or powers of the issuing authority.14730

       (M)(1) Subject to any applicable limitations in division (C) 14731
of this section, the issuing authority may also authorize and 14732
provide for the issuance of:14733

       (a) Obligations in the form of bond anticipation notes, and 14734
may authorize and provide for the renewal of those notes from time 14735
to time by the issuance of new notes. The holders of notes or 14736
appertaining interest coupons have the right to have debt service 14737
on those notes paid solely from the moneys and special funds, and 14738
all or any portion of the pledged receipts, that are or may be 14739
pledged to that payment, including the proceeds of bonds or 14740
renewal notes or both, as the issuing authority provides in the 14741
bond proceedings authorizing the notes. Notes may be additionally 14742
secured by covenants of the issuing authority to the effect that 14743
the issuing authority will do all things necessary for the 14744
issuance of bonds or renewal notes in such principal amount and 14745
upon such terms as may be necessary to provide moneys to pay when 14746
due the debt service on the notes, and apply their proceeds to the 14747
extent necessary, to make full and timely payment of debt service 14748
on the notes as provided in the applicable bond proceedings. In 14749
the bond proceedings authorizing the issuance of bond anticipation 14750
notes the issuing authority shall set forth for the bonds 14751
anticipated an estimated schedule of annual principal payments the 14752
latest of which shall be no later than provided in division (D) of 14753
this section. While the notes are outstanding there shall be 14754
deposited, as shall be provided in the bond proceedings for those 14755
notes, from the sources authorized for payment of debt service on 14756
the bonds, amounts sufficient to pay the principal of the bonds 14757
anticipated as set forth in that estimated schedule during the 14758
time the notes are outstanding, which amounts shall be used solely 14759
to pay the principal of those notes or of the bonds anticipated.14760

       (b) Obligations for the refunding, including funding and 14761
retirement, and advance refunding, with or without payment or 14762
redemption prior to maturity, of any obligations previously issued 14763
under this section and any bonds or notes previously issued for 14764
the purpose of paying costs of capital facilities for: (i) 14765
state-supported or state-assisted institutions of higher education 14766
as authorized by sections 151.01 and 151.04 of the Revised Code, 14767
pursuant to Sections 2i and 2n of Article VIII, Ohio Constitution, 14768
and (ii) housing branches and agencies of state government limited 14769
to facilities for a system of common schools throughout the state 14770
as authorized by sections 151.01 and 151.03 of the Revised Code, 14771
pursuant to Sections 2i and 2n of Article VIII, Ohio Constitution. 14772
Refunding obligations may be issued in amounts sufficient to pay 14773
or to provide for repayment of the principal amount, including 14774
principal amounts maturing prior to the redemption of the 14775
remaining prior obligations or bonds or notes, any redemption 14776
premium, and interest accrued or to accrue to the maturity or 14777
redemption date or dates, payable on the prior obligations or 14778
bonds or notes, and related financing costs and any expenses 14779
incurred or to be incurred in connection with that issuance and 14780
refunding. Subject to the applicable bond proceedings, the portion 14781
of the proceeds of the sale of refunding obligations issued under 14782
division (M)(1)(b) of this section to be applied to debt service 14783
on the prior obligations or bonds or notes shall be credited to an 14784
appropriate separate account in the bond service fund and held in 14785
trust for the purpose by the issuing authority or by a corporate 14786
trustee, and may be invested as provided in the bond proceedings. 14787
Obligations authorized under this division shall be considered to 14788
be issued for those purposes for which the prior obligations or 14789
bonds or notes were issued.14790

       (2) The principal amount of refunding, advance refunding, or 14791
renewal obligations issued pursuant to division (M) of this 14792
section shall be in addition to the amount authorized in division 14793
(C) of this section.14794

       (N) Obligations are lawful investments for banks, savings and 14795
loan associations, credit union share guaranty corporations, trust 14796
companies, trustees, fiduciaries, insurance companies, including 14797
domestic for life and domestic not for life, trustees or other 14798
officers having charge of sinking and bond retirement or other 14799
special funds of the state and political subdivisions and taxing 14800
districts of this state, notwithstanding any other provisions of 14801
the Revised Code or rules adopted pursuant to those provisions by 14802
any state agency with respect to investments by them, and are also 14803
acceptable as security for the repayment of the deposit of public 14804
moneys. The exemptions from taxation in Ohio as provided for in 14805
particular sections of the Ohio Constitution and section 5709.76 14806
of the Revised Code apply to the obligations.14807

       (O)(1) Unless otherwise provided or provided for in any 14808
applicable bond proceedings, moneys to the credit of or in a 14809
special fund shall be disbursed on the order of the issuing 14810
authority. No such order is required for the payment, from the 14811
bond service fund or other special fund, when due of debt service 14812
or required payments under credit enhancement facilities.14813

       (2) Payments received by the issuing authority under interest 14814
rate hedges entered into as credit enhancement facilities under 14815
this section shall be deposited as provided in the applicable bond 14816
proceedings.14817

       (P) The obligations shall not be general obligations of the 14818
state and the full faith and credit, revenue, and taxing power of 14819
the state shall not be pledged to the payment of debt service on 14820
them or to any guarantee of the payment of that debt service. The 14821
holders or owners of the obligations shall have no right to have 14822
any moneys obligated or pledged for the payment of debt service 14823
except as provided in this section and in the applicable bond 14824
proceedings. The rights of the holders and owners to payment of 14825
debt service are limited to all or that portion of the pledged 14826
receipts, and those special funds, pledged to the payment of debt 14827
service pursuant to the bond proceedings in accordance with this 14828
section, and each obligation shall bear on its face a statement to 14829
that effect.14830

       (Q) Each bond service fund is a trust fund and is hereby 14831
pledged to the payment of debt service on the applicable 14832
obligations. Payment of that debt service shall be made or 14833
provided for by the issuing authority in accordance with the bond 14834
proceedings without necessity for any act of appropriation. The 14835
bond proceedings may provide for the establishment of separate 14836
accounts in the bond service fund and for the application of those 14837
accounts only to debt service on specific obligations, and for 14838
other accounts in the bond service fund within the general 14839
purposes of that fund.14840

       (R) Subject to the bond proceedings pertaining to any 14841
obligations then outstanding in accordance with their terms, the 14842
issuing authority may in the bond proceedings pledge all, or such 14843
portion as the issuing authority determines, of the moneys in the 14844
bond service fund to the payment of debt service on particular 14845
obligations, and for the establishment and maintenance of any 14846
reserves for payment of particular debt service.14847

       (S)(1) Unless otherwise provided in any applicable bond 14848
proceedings, moneys to the credit of special funds may be invested 14849
by or on behalf of the issuing authority only in one or more of 14850
the following:14851

       (a) Notes, bonds, or other direct obligations of the United 14852
States or of any agency or instrumentality of the United States, 14853
or in no-front-end-load money market mutual funds consisting 14854
exclusively of those obligations, or in repurchase agreements, 14855
including those issued by any fiduciary, secured by those 14856
obligations, or in collective investment funds consisting 14857
exclusively of those obligations;14858

       (b) Obligations of this state or any political subdivision of 14859
this state;14860

       (c) Certificates of deposit of any national bank located in 14861
this state and any bank, as defined in section 1101.01 of the 14862
Revised Code, subject to inspection by the superintendent of 14863
financial institutions;14864

       (d) The treasurer of state's pooled investment program under 14865
section 135.45 of the Revised Code;14866

       (e) Other investment agreements or repurchase agreements that 14867
are consistent with the ratings on the obligations.14868

       (2) The income from investments referred to in division 14869
(S)(1) of this section shall be credited to special funds or 14870
otherwise as the issuing authority determines in the bond 14871
proceedings. Those investments may be sold or exchanged at times 14872
as the issuing authority determines, provides for, or authorizes.14873

       (T) The treasurer of state shall have responsibility for 14874
keeping records, making reports, and making payments, relating to 14875
any arbitrage rebate requirements under the applicable bond 14876
proceedings.14877

       (U) The issuing authority shall make quarterly reports to the 14878
general assembly of the amounts in, and activities of, each 14879
improvement fund, including amounts and activities on the subfund 14880
level. Each report shall include a detailed description and 14881
analysis of the amount of proceeds remaining in each fund from the 14882
sale of obligations pursuant to this section, and any other 14883
deposits, credits, interest earnings, disbursements, expenses, 14884
transfers, or activities of each fund.14885

       (V) The costs of the annual audit of the authority conducted 14886
pursuant to section 117.112 of the Revised Code are payable, as 14887
may be provided in the bond proceedings, from the proceeds of the 14888
obligations, from special funds, or from other moneys available 14889
for the purpose, including as to future financing costs, from the 14890
pledged receipts.14891

       Sec. 185.01.  As used in this chapter:14892

       (A) "Advanced practice nurse" has the same meaning as in 14893
section 4723.01 of the Revised Code.14894

       (B) "Collaboration" has the same meaning as in section 14895
4723.01 of the Revised Code.14896

       (C) "Health care coverage and quality council" means the 14897
entity established under section 3923.90 of the Revised Code.14898

       (D) "Patient centered medical home education advisory group" 14899
means the entity established under section 185.03 of the Revised 14900
Code to implement and administer the patient centered medical home 14901
education pilot project.14902

       (E)(D) "Patient centered medical home education pilot 14903
project" means the pilot project established under section 185.02 14904
of the Revised Code.14905

       Sec. 185.03. (A) The patient centered medical home education 14906
advisory group is hereby created for the purpose of implementing 14907
and administering the patient centered medical home pilot project. 14908
The advisory group shall develop a set of expected outcomes for 14909
the pilot project.14910

       (B) The advisory group shall consist of the following voting 14911
members:14912

       (1) One individual with expertise in the training and 14913
education of primary care physicians who is appointed by the dean 14914
of the university of Toledo college of medicine;14915

       (2) One individual with expertise in the training and 14916
education of primary care physicians who is appointed by the dean 14917
of the Boonshoft school of medicine at Wright state university;14918

       (3) One individual with expertise in the training and 14919
education of primary care physicians who is appointed by the 14920
president and dean of the northeastern Ohio universities colleges 14921
of medicine and pharmacy;14922

       (4) One individual with expertise in the training and 14923
education of primary care physicians who is appointed by the dean 14924
of the Ohio university college of osteopathic medicine;14925

       (5) Two individuals appointed by the governing board of the 14926
Ohio academy of family physicians;14927

       (6) One individual appointed by the governing board of the 14928
Ohio chapter of the American college of physicians;14929

       (7) One individual appointed by the governing board of the 14930
American academy of pediatrics;14931

       (8) One individual appointed by the governing board of the 14932
Ohio osteopathic association;14933

       (9) One individual with expertise in the training and 14934
education of advanced practice nurses who is appointed by the 14935
governing board of the Ohio council of deans and directors of 14936
baccalaureate and higher degree programs in nursing;14937

       (10) One individual appointed by the governing board of the 14938
Ohio nurses association;14939

        (11) One individual appointed by the governing board of the 14940
Ohio association of advanced practice nurses;14941

       (12) A member of the health care coverage and quality 14942
council, other than the advisory group member specified in 14943
division (C)(2) of this section,One individual appointed by the 14944
governing board of the Ohio council for home care and hospice;14945

       (13) One individual appointed by the superintendent of 14946
insurance.14947

       (C) The advisory group shall consist of the following 14948
nonvoting, ex officio members:14949

       (1) The executive director of the state medical board, or the 14950
director's designee;14951

       (2) The executive director of the board of nursing or the 14952
director's designee;14953

       (3) The chancellor of the Ohio board of regents, or the 14954
chancellor's designee;14955

       (4) The individual within the department of job and family 14956
services who serves as the director of medicaid, or the director's 14957
designee;14958

       (5) The director of health or the director's designee.14959

       (D) Advisory group members who are appointed shall serve at 14960
the pleasure of their appointing authorities. Terms of office of 14961
appointed members shall be three years, except that a member's 14962
term ends if the pilot project ceases operation during the 14963
member's term.14964

       Vacancies shall be filled in the manner provided for original 14965
appointments.14966

       Members shall serve without compensation, except to the 14967
extent that serving on the advisory group is considered part of 14968
their regular employment duties.14969

       (E) The advisory group shall select from among its members a 14970
chairperson and vice-chairperson. The advisory group may select 14971
any other officers it considers necessary to conduct its business.14972

       A majority of the members of the advisory group constitutes a 14973
quorum for the transaction of official business. A majority of a 14974
quorum is necessary for the advisory group to take any action, 14975
except that when one or more members of a quorum are required to 14976
abstain from voting as provided in division (C)(1)(d) or (C)(2)(c) 14977
of section 185.05 of the Revised Code, the number of members 14978
necessary for a majority of a quorum shall be reduced accordingly.14979

       The advisory group shall meet as necessary to fulfill its 14980
duties. The times and places for the meetings shall be selected by 14981
the chairperson.14982

       (F) Sections 101.82 to 101.87 of the Revised Code do not 14983
apply to the advisory group.14984

       Sec. 185.06. (A) To be eligible for inclusion in the patient 14985
centered medical home education pilot project, a physician 14986
practice shall meet all of the following requirements: 14987

       (1) Consist of physicians who are board-certified in family 14988
medicine, general pediatrics, or internal medicine, as those 14989
designations are issued by a medical specialty certifying board 14990
recognized by the American board of medical specialties or 14991
American osteopathic association; 14992

       (2) Be capable of adapting the practice during the period in 14993
which the practice receives funding from the patient centered 14994
medical home education advisory group in such a manner that the 14995
practice is fully compliant with the minimum standards for 14996
operation of a patient centered medical home, as those standards 14997
are established by the advisory group; 14998

        (3) Comply with any reporting requirements recommended by the 14999
health care coverage and quality council under division (A)(12) of 15000
section 3923.91 of the Revised Code;15001

       (4) Meet any other criteria established by the advisory group 15002
as part of the selection process.15003

       (B) To be eligible for inclusion in the pilot project, an 15004
advanced practice nurse primary care practice shall meet all of 15005
the following requirements:15006

        (1) Consist of advanced practice nurses who meet all of the 15007
following requirements:15008

        (a) Hold a certificate to prescribe issued under section 15009
4723.48 of the Revised Code;15010

       (b) Are board-certified as a family nurse practitioner or 15011
adult nurse practitioner by the American academy of nurse 15012
practitioners or American nurses credentialing center, 15013
board-certified as a geriatric nurse practitioner or women's 15014
health nurse practitioner by the American nurses credentialing 15015
center, or is board-certified as a pediatric nurse practitioner by 15016
the American nurses credentialing center or pediatric nursing 15017
certification board;15018

        (c) Has a collaboration agreement with a physician with board 15019
certification as specified in division (A)(1) of this section and 15020
who is an active participant on the health care team. 15021

       (2) Be capable of adapting the primary care practice during 15022
the period in which the practice receives funding from the 15023
advisory group in such a manner that the practice is fully 15024
compliant with the minimum standards for operation of a patient 15025
centered medical home, as those standards are established by the 15026
advisory group;15027

        (3) Comply with any reporting requirements recommended by the 15028
health care coverage and quality council under division (A)(12) of 15029
section 3923.91 of the Revised Code;15030

       (4) Meet any other criteria established by the advisory group 15031
as part of the selection process. 15032

       Sec. 185.10. The patient centered medical home education 15033
advisory group shall seek funding sources for the patient centered 15034
medical home education pilot project. In doing so, the advisory 15035
group may apply for grants, seek federal funds, seek private 15036
donations, or seek any other type of funding that may be available 15037
for the pilot project. To ensure that appropriate sources of and 15038
opportunities for funding are identified and pursued, the advisory 15039
group may ask for assistance from the health care coverage and 15040
quality council.15041

       Sec. 301.02.  Previous to the presentation of a petition to 15042
the general assembly praying that a new county be erected, or for 15043
the location or relocation of a county seat, notice of the 15044
intention to present such petition shall be given, at least thirty 15045
days before the ensuing session of the general assembly, by 15046
advertisement in a newspaper publishedof general circulation in 15047
each county from which such new county is intended to be taken. If 15048
no papernewspaper is printedof general circulation within the 15049
county, notice shall be given by advertisement affixed to the door 15050
of the house where courts are held for such county, for such 15051
period of thirty days. The notice shall set forth the boundary 15052
lines of the new county, or the place where it is proposed to 15053
locate such county seat.15054

       Sec. 301.15.  Within sixty days after their appointment, the 15055
commissioners provided for by section 301.14 of the Revised Code, 15056
or any two of them, shall assemble at some convenient place in the 15057
new county. Twenty days' notice of the time, place, and purpose of 15058
such meeting shall be given by publication in a newspaper 15059
published in and circulatedof general circulation in suchthe15060
county, or by being posted in three of the most public places in 15061
such county. When assembled, after having taken the oath of office 15062
prescribed by sections 3.22 and 3.23 of the Revised Code, such 15063
commissioners shall proceed to examine and select the most proper 15064
place as a seat of justice, as near the center of the county as 15065
possible, having regard to the situation, extent of population, 15066
quality of land, and the convenience and interest of the 15067
inhabitants.15068

       Sec. 301.28.  (A) As used in this section:15069

       (1) "Financial transaction device" includes a credit card, 15070
debit card, charge card, or prepaid or stored value card, or 15071
automated clearinghouse network credit, debit, or e-check entry 15072
that includes, but is not limited to, accounts receivable and 15073
internet-initiated, point of purchase, and telephone-initiated 15074
applications or any other device or method for making an 15075
electronic payment or transfer of funds.15076

       (2) "County expenses" includes fees, costs, taxes, 15077
assessments, fines, penalties, payments, or any other expense a 15078
person owes to a county office under the authority of a county 15079
official other than dog registration and kennel fees required to 15080
be paid under Chapter 955. of the Revised Code.15081

       (3) "County official" includes the county auditor, county 15082
treasurer, county engineer, county recorder, county prosecuting 15083
attorney, county sheriff, county coroner, county park district and 15084
board of county commissioners, the clerk of the probate court, the 15085
clerk of the juvenile court, the clerks of court for all divisions 15086
of the courts of common pleas, and the clerk of the court of 15087
common pleas, the clerk of a county-operated municipal court, and 15088
the clerk of a county court.15089

       The term "county expenses" includes county expenses owed to 15090
the board of health of the general health district or a combined 15091
health district in the county. If the board of county 15092
commissioners authorizes county expenses to be paid by financial 15093
transaction devices under this section, then the board of health 15094
and the general health district and the combined health district 15095
may accept payments by financial transaction devices under this 15096
section as if the board were a "county official" and the district 15097
were a county office. However, in the case of a general health 15098
district formed by unification of general health districts under 15099
section 3709.10 of the Revised Code, this entitlement applies only 15100
if all the boards of county commissioners of all counties in the 15101
district have authorized payments to be accepted by financial 15102
transaction devices.15103

       (B) Notwithstanding any other section of the Revised Code and 15104
except as provided in division (D) of this section, a board of 15105
county commissioners may adopt a resolution authorizing the 15106
acceptance of payments by financial transaction devices for county 15107
expenses. The resolution shall include the following:15108

       (1) A specification of those county officials who, and of the 15109
county offices under those county officials that, are authorized 15110
to accept payments by financial transaction devices;15111

       (2) A list of county expenses that may be paid for through 15112
the use of a financial transaction device;15113

       (3) Specific identification of financial transaction devices 15114
that the board authorizes as acceptable means of payment for 15115
county expenses. Uniform acceptance of financial transaction 15116
devices among different types of county expenses is not required.15117

       (4) The amount, if any, authorized as a surcharge or 15118
convenience fee under division (E) of this section for persons 15119
using a financial transaction device. Uniform application of 15120
surcharges or convenience fees among different types of county 15121
expenses is not required.15122

       (5) A specific provision as provided in division (G) of this 15123
section requiring the payment of a penalty if a payment made by 15124
means of a financial transaction device is returned or dishonored 15125
for any reason.15126

       The board's resolution shall also designate the county 15127
treasurer as an administrative agent to solicit proposals, within 15128
guidelines established by the board in the resolution and in 15129
compliance with the procedures provided in division (C) of this 15130
section, from financial institutions, issuers of financial 15131
transaction devices, and processors of financial transaction 15132
devices, to make recommendations about those proposals to the 15133
board, and to assist county offices in implementing the county's 15134
financial transaction devices program. The county treasurer may 15135
decline this responsibility within thirty days after receiving a 15136
copy of the board's resolution by notifying the board in writing 15137
within that period. If the treasurer so notifies the board, the 15138
board shall perform the duties of the administrative agent.15139

       If the county treasurer is the administrative agent and fails 15140
to administer the county financial transaction devices program in 15141
accordance with the guidelines in the board's resolution, the 15142
board shall notify the treasurer in writing of the board's 15143
findings, explain the failures, and give the treasurer six months 15144
to correct the failures. If the treasurer fails to make the 15145
appropriate corrections within that six-month period, the board 15146
may pass a resolution declaring the board to be the administrative 15147
agent. The board may later rescind that resolution at its 15148
discretion.15149

       (C) The county shall follow the procedures provided in this 15150
division whenever it plans to contract with financial 15151
institutions, issuers of financial transaction devices, or 15152
processors of financial transaction devices for the purposes of 15153
this section. The administrative agent shall request proposals 15154
from at least three financial institutions, issuers of financial 15155
transaction devices, or processors of financial transaction 15156
devices, as appropriate in accordance with the resolution adopted 15157
under division (B) of this section. Prior to sending any financial 15158
institution, issuer, or processor a copy of any such request, the 15159
county shall advertise its intent to request proposals in a 15160
newspaper of general circulation in the county once a week for two 15161
consecutive weeks or as provided in section 7.16 of the Revised 15162
Code. The notice shall state that the county intends to request 15163
proposals; specify the purpose of the request; indicate the date, 15164
which shall be at least ten days after the second publication, on 15165
which the request for proposals will be mailed to financial 15166
institutions, issuers, or processors; and require that any 15167
financial institution, issuer, or processor, whichever is 15168
appropriate, interested in receiving the request for proposals 15169
submit written notice of this interest to the county not later 15170
than noon of the day on which the request for proposals will be 15171
mailed.15172

       Upon receiving the proposals, the administrative agent shall 15173
review them and make a recommendation to the board of county 15174
commissioners on which proposals to accept. The board of county 15175
commissioners shall consider the agent's recommendation and review 15176
all proposals submitted, and then may choose to contract with any 15177
or all of the entities submitting proposals, as appropriate. The 15178
board shall provide any financial institution, issuer, or 15179
processor that submitted a proposal, but with which the board does 15180
not enter into a contract, notice that its proposal is rejected. 15181
The notice shall state the reasons for the rejection, indicate 15182
whose proposals were accepted, and provide a copy of the terms and 15183
conditions of the successful bids.15184

       (D) A board of county commissioners adopting a resolution 15185
under this section shall send a copy of the resolution to each 15186
county official in the county who is authorized by the resolution 15187
to accept payments by financial transaction devices. After 15188
receiving the resolution and before accepting payments by 15189
financial transaction devices, a county official shall provide 15190
written notification to the board of county commissioners of the 15191
official's intent to implement the resolution within the 15192
official's office. Each county office subject to the board's 15193
resolution adopted under division (B) of this section may use only 15194
the financial institutions, issuers of financial transaction 15195
devices, and processors of financial transaction devices with 15196
which the board of county commissioners contracts, and each such 15197
office is subject to the terms of those contracts.15198

       If a county office under the authority of a county official 15199
is directly responsible for collecting one or more county expenses 15200
and the county official determines not to accept payments by 15201
financial transaction devices for one or more of those expenses, 15202
the office shall not be required to accept payments by financial 15203
transaction devices, notwithstanding the adoption of a resolution 15204
by the board of county commissioners under this section.15205

       Any office of a clerk of the court of common pleas that 15206
accepts financial transaction devices on or before July 1, 1999, 15207
and any other county office that accepted such devices before 15208
January 1, 1998, may continue to accept such devices without being 15209
subject to any resolution passed by the board of county 15210
commissioners under division (B) of this section, or any other 15211
oversight by the board of the office's financial transaction 15212
devices program. Any such office may use surcharges or convenience 15213
fees in any manner the county official in charge of the office 15214
determines to be appropriate, and, if the county treasurer 15215
consents, may appoint the county treasurer to be the office's 15216
administrative agent for purposes of accepting financial 15217
transaction devices. In order not to be subject to the resolution 15218
of the board of county commissioners adopted under division (B) of 15219
this section, a county office shall notify the board in writing 15220
within thirty days after March 30, 1999, that it accepted 15221
financial transaction devices prior to January 1, 1998, or, in the 15222
case of the office of a clerk of the court of common pleas, the 15223
clerk has accepted or will accept such devices on or before July 15224
1, 1999. Each such notification shall explain how processing costs 15225
associated with financial transaction devices are being paid and 15226
shall indicate whether surcharge or convenience fees are being 15227
passed on to consumers.15228

       (E) A board of county commissioners may establish a surcharge 15229
or convenience fee that may be imposed upon a person making 15230
payment by a financial transaction device. The surcharge or 15231
convenience fee shall not be imposed unless authorized or 15232
otherwise permitted by the rules prescribed by an agreement 15233
governing the use and acceptance of the financial transaction 15234
device.15235

       If a surcharge or convenience fee is imposed, every county 15236
office accepting payment by a financial transaction device, 15237
regardless of whether that office is subject to a resolution 15238
adopted by a board of county commissioners, shall clearly post a 15239
notice in that office and shall notify each person making a 15240
payment by such a device about the surcharge or fee. Notice to 15241
each person making a payment shall be provided regardless of the 15242
medium used to make the payment and in a manner appropriate to 15243
that medium. Each notice shall include all of the following:15244

       (1) A statement that there is a surcharge or convenience fee 15245
for using a financial transaction device;15246

       (2) The total amount of the charge or fee expressed in 15247
dollars and cents for each transaction, or the rate of the charge 15248
or fee expressed as a percentage of the total amount of the 15249
transaction, whichever is applicable;15250

       (3) A clear statement that the surcharge or convenience fee 15251
is nonrefundable.15252

       (F) If a person elects to make a payment to the county by a 15253
financial transaction device and a surcharge or convenience fee is 15254
imposed, the payment of the surcharge or fee shall be considered 15255
voluntary and the surcharge or fee is not refundable.15256

       (G) If a person makes payment by financial transaction device 15257
and the payment is returned or dishonored for any reason, the 15258
person is liable to the county for payment of a penalty over and 15259
above the amount of the expense due. The board of county 15260
commissioners shall determine the amount of the penalty, which may 15261
be either a fee not to exceed twenty dollars or payment of the 15262
amount necessary to reimburse the county for banking charges, 15263
legal fees, or other expenses incurred by the county in collecting 15264
the returned or dishonored payment. The remedies and procedures 15265
provided in this section are in addition to any other available 15266
civil or criminal remedies provided by law.15267

       (H) No person making any payment by financial transaction 15268
device to a county office shall be relieved from liability for the 15269
underlying obligation except to the extent that the county 15270
realizes final payment of the underlying obligation in cash or its 15271
equivalent. If final payment is not made by the financial 15272
transaction device issuer or other guarantor of payment in the 15273
transaction, the underlying obligation shall survive and the 15274
county shall retain all remedies for enforcement that would have 15275
applied if the transaction had not occurred.15276

       (I) A county official or employee who accepts a financial 15277
transaction device payment in accordance with this section and any 15278
applicable state or local policies or rules is immune from 15279
personal liability for the final collection of such payments.15280

       Sec. 305.23.  (A) As used in this section, "county office" 15281
means the offices of the county commissioner, county auditor, 15282
county treasurer, county engineer, county recorder, county 15283
prosecuting attorney, county sheriff, county coroner, county park 15284
district, clerk of the juvenile court, clerks of court for all 15285
divisions of the courts of common pleas, including the clerk of 15286
the court of common pleas, clerk of a county-operated municipal 15287
court, and clerk of a county court, and any agency or department 15288
under the authority of, or receiving funding in whole or in part 15289
from, any of those county offices.15290

       (B) A board of county commissioners may adopt a resolution 15291
establishing centralized purchasing, printing, transportation, 15292
vehicle maintenance, human resources, revenue collection, and mail 15293
operation services for a county office. The resolution shall 15294
specify all of the following:15295

       (1) Which county offices are required to use the centralized 15296
services;15297

       (2) If not all of the centralized services, which centralized 15298
service each county office must use;15299

       (3) A list of rates and charges the county office shall pay 15300
for the centralized services;15301

       (4) The date upon which each county office specified in the 15302
resolution shall begin using the centralized services.15303

       Not later than ten days after a resolution is adopted under 15304
this section, the clerk of the board of county commissioners shall 15305
send a copy of the resolution to each county office that is 15306
specified in the resolution.15307

       Sec. 306.322.  (A) For any regional transit authority that 15308
levies a property tax and that includes a county having a 15309
population of at least four hundred thousand according to the most 15310
recent federal census, the procedures of this section apply until 15311
November 5, 2013, and are in addition to and an alternative to 15312
those established in sections 306.32 and 306.321 for joining to 15313
the regional transit authority additional counties, municipal 15314
corporations, or townships.15315

       (B) Any county, municipal corporation, or township may adopt 15316
a resolution or ordinance proposing to join a regional transit 15317
authority described in division (A) of this section. In its 15318
resolution or ordinance, the political subdivision may propose 15319
joining the regional transit authority for a limited period of 15320
three years or without a time limit.15321

       (C) The political subdivision proposing to join the regional 15322
transit authority shall submit a copy of its resolution or 15323
ordinance to the board of the county commissioners of each county, 15324
the legislative authority of each municipal corporation, and the 15325
board of trustees of each township comprising the regional transit 15326
authority. Within thirty days of receiving the resolution or 15327
ordinance for inclusion in the regional transit authority, the 15328
board of the county commissioners of each county, the legislative 15329
authority of each municipal corporation, and the board of trustees 15330
of each township shall consider the question of whether to include 15331
the additional subdivision in the regional transit authority, 15332
shall adopt a resolution or ordinance approving or rejecting the 15333
inclusion of the additional subdivision, and shall present its 15334
resolution or ordinance to the board of trustees of the regional 15335
transit authority.15336

       (D) If a majority of the political subdivisions comprising 15337
the regional transit authority approve the inclusion of the 15338
additional political subdivision, the board of trustees of the 15339
regional transit authority, not later than the tenth day following 15340
the day on which the last ordinance or resolution is presented, 15341
shall notify the subdivision proposing to join the regional 15342
transit authority that it may certify the proposal to the board of 15343
elections for the purpose of having the proposal placed on the 15344
ballot at the next general election or at a special election 15345
conducted on the day of the next primary election that occurs not 15346
less than seventy-five days after the resolution or ordinance is 15347
certified to the board of elections.15348

       (E) Upon certification of a proposal to the board of 15349
elections pursuant to this section, the board of elections shall 15350
make the necessary arrangements for the submission of the question 15351
to the electors of the territory to be included in the regional 15352
transit authority qualified to vote on the question, and the 15353
election shall be held, canvassed, and certified in the same 15354
manner as regular elections for the election of officers of the 15355
subdivision proposing to join the regional transit authority, 15356
except that, if the resolution proposed the inclusion without a 15357
time limitation the question appearing on the ballot shall read:15358

       "Shall the territory within the ......................... 15359
(Name or names of political subdivisions to be joined) be added to 15360
......................... ......... (Name) regional transit 15361
authority?" and shall a(n) .......... (here insert type of tax or 15362
taxes) at a rate of taxation not to exceed ..... (here insert 15363
maximum tax rate or rates) be levied for all transit purposes?"15364

       If the resolution proposed the inclusion with a three-year 15365
time limitation, the question appearing on the ballot shall read:15366

       "Shall the territory within the ......................... 15367
(Name or names of political subdivisions to be joined) be added to 15368
......................... ......... (Name) regional transit 15369
authority?" for three years and shall a(n) .......... (here insert 15370
type of tax or taxes) at a rate of taxation not to exceed ..... 15371
(here insert maximum tax rate or rates) be levied for all transit 15372
purposes for three years?"15373

       (F) If the question is approved by at least a majority of the 15374
electors voting on the question, the addition of the new territory 15375
is immediately effective, and the regional transit authority may 15376
extend the levy of the tax against all the taxable property within 15377
the territory that was added. If the question is approved at a 15378
general election or at a special election occurring prior to the 15379
general election but after the fifteenth day of July, the regional 15380
transit authority may amend its budget and resolution adopted 15381
pursuant to section 5705.34 of the Revised Code, and the levy 15382
shall be placed on the current tax list and duplicate and 15383
collected as other taxes are collected from all taxable property 15384
within the territorial boundaries of the regional transit 15385
authority, including the territory within the political 15386
subdivision added as a result of the election. If the budget of 15387
the regional transit authority is amended pursuant to this 15388
paragraph, the county auditor shall prepare and deliver an amended 15389
certificate of estimated resources to reflect the change in 15390
anticipated revenues of the regional transit authority.15391

       (G) If the question is approved by at least a majority of the 15392
electors voting on the question, the board of trustees of the 15393
regional transit authority immediately shall amend the resolution 15394
or ordinance creating the regional transit authority to include 15395
the additional political subdivision.15396

       (H) If the question approved by a majority of the electors 15397
voting on the question added the subdivision for three years, the 15398
territory of the additional county, municipal corporation, or 15399
township in the regional transit authority shall be removed from 15400
the territory of the regional transit authority three years after 15401
the date the territory was added, as determined in the effective 15402
date of the election, and shall no longer be a part of that 15403
authority without any further action by either the political 15404
subdivisions that were included in the authority prior to 15405
submitting the question to the electors or of the political 15406
subdivision added to the authority as a result of the election. 15407
The regional transit authority reduced to its territory as it 15408
existed prior to the inclusion of the additional county, municipal 15409
corporation, or township, shall be entitled to levy and collect 15410
any property taxes that it was authorized to levy and collect 15411
prior to the enlargement of its territory and for which 15412
authorization has not expired, as if the enlargement had not 15413
occurred.15414

       Sec. 306.35.  Upon the creation of a regional transit 15415
authority as provided by section 306.32 of the Revised Code, and 15416
upon the qualifying of its board of trustees and the election of a 15417
president and a vice-president, the authority shall exercise in 15418
its own name all the rights, powers, and duties vested in and 15419
conferred upon it by sections 306.30 to 306.53 of the Revised 15420
Code. Subject to any reservations, limitations, and 15421
qualifications that are set forth in those sections, the regional 15422
transit authority:15423

       (A) May sue or be sued in its corporate name;15424

       (B) May make contracts in the exercise of the rights, powers, 15425
and duties conferred upon it;15426

       (C) May adopt and at will alter a seal and use such seal by 15427
causing it to be impressed, affixed, reproduced, or otherwise 15428
used, but failure to affix the seal shall not affect the validity 15429
of any instrument;15430

       (D)(1) May adopt, amend, and repeal bylaws for the 15431
administration of its affairs and rules for the control of the 15432
administration and operation of transit facilities under its 15433
jurisdiction, and for the exercise of all of its rights of 15434
ownership in those transit facilities;15435

       (2) The regional transit authority also may adopt bylaws and 15436
rules for the following purposes:15437

       (a) To prohibit selling, giving away, or using any beer or 15438
intoxicating liquor on transit vehicles or transit property;15439

       (b) For the preservation of good order within or on transit 15440
vehicles or transit property;15441

       (c) To provide for the protection and preservation of all 15442
property and life within or on transit vehicles or transit 15443
property;15444

       (d) To regulate and enforce the collection of fares.15445

       (3) Before a bylaw or rule adopted under division (D)(2) of 15446
this section takes effect, the regional transit authority shall 15447
provide for a notice of its adoption to be published once a week 15448
for two consecutive weeks in a newspaper of general circulation 15449
within the territorial boundaries of the regional transit 15450
authority, or as provided in section 7.16 of the Revised Code.15451

       (4) No person shall violate any bylaw or rule of a regional 15452
transit authority adopted under division (D)(2) of this section.15453

       (E) May fix, alter, and collect fares, rates, and rentals and 15454
other charges for the use of transit facilities under its 15455
jurisdiction to be determined exclusively by it for the purpose of 15456
providing for the payment of the expenses of the regional transit 15457
authority, the acquisition, construction, improvement, extension, 15458
repair, maintenance, and operation of transit facilities under its 15459
jurisdiction, the payment of principal and interest on its 15460
obligations, and to fulfill the terms of any agreements made with 15461
purchasers or holders of any such obligations, or with any person 15462
or political subdivision;15463

       (F) Shall have jurisdiction, control, possession, and 15464
supervision of all property, rights, easements, licenses, moneys, 15465
contracts, accounts, liens, books, records, maps, or other 15466
property rights and interests conveyed, delivered, transferred, or 15467
assigned to it;15468

       (G) May acquire, construct, improve, extend, repair, lease, 15469
operate, maintain, or manage transit facilities within or without 15470
its territorial boundaries, considered necessary to accomplish the 15471
purposes of its organization and make charges for the use of 15472
transit facilities;15473

       (H) May levy and collect taxes as provided in sections 306.40 15474
and 306.49 of the Revised Code;15475

       (I) May issue bonds secured by its general credit as provided 15476
in section 306.40 of the Revised Code;15477

       (J) May hold, encumber, control, acquire by donation, by 15478
purchase for cash or by installment payments, by lease-purchase 15479
agreement, by lease with option to purchase, or by condemnation, 15480
and may construct, own, lease as lessee or lessor, use, and sell, 15481
real and personal property, or any interest or right in real and 15482
personal property, within or without its territorial boundaries, 15483
for the location or protection of transit facilities and 15484
improvements and access to transit facilities and improvements, 15485
the relocation of buildings, structures, and improvements situated 15486
on lands acquired by the regional transit authority, or for any 15487
other necessary purpose, or for obtaining or storing materials to 15488
be used in constructing, maintaining, and improving transit 15489
facilities under its jurisdiction;15490

       (K) May exercise the power of eminent domain to acquire 15491
property or any interest in property, within or without its 15492
territorial boundaries, that is necessary or proper for the 15493
construction or efficient operation of any transit facility or 15494
access to any transit facility under its jurisdiction in 15495
accordance with section 306.36 of the Revised Code;15496

       (L) May provide by agreement with any county, including the 15497
counties within its territorial boundaries, or any municipal 15498
corporation or any combination of counties or municipal 15499
corporations for the making of necessary surveys, appraisals, and 15500
examinations preliminary to the acquisition or construction of any 15501
transit facility and the amount of the expense for the surveys, 15502
appraisals, and examinations to be paid by each such county or 15503
municipal corporation;15504

       (M) May provide by agreement with any county, including the 15505
counties within its territorial boundaries, or any municipal 15506
corporation or any combination of those counties or municipal 15507
corporations for the acquisition, construction, improvement, 15508
extension, maintenance, or operation of any transit facility owned 15509
or to be owned and operated by it or owned or to be owned and 15510
operated by any such county or municipal corporation and the terms 15511
on which it shall be acquired, leased, constructed, maintained, or 15512
operated, and the amount of the cost and expense of the 15513
acquisition, lease, construction, maintenance, or operation to be 15514
paid by each such county or municipal corporation;15515

       (N) May issue revenue bonds for the purpose of acquiring, 15516
replacing, improving, extending, enlarging, or constructing any 15517
facility or permanent improvement that it is authorized to 15518
acquire, replace, improve, extend, enlarge, or construct, 15519
including all costs in connection with and incidental to the 15520
acquisition, replacement, improvement, extension, enlargement, or 15521
construction, and their financing, as provided by section 306.37 15522
of the Revised Code;15523

       (O) May enter into and supervise franchise agreements for the 15524
operation of a transit system;15525

       (P) May accept the assignment of and supervise an existing 15526
franchise agreement for the operation of a transit system;15527

       (Q) May exercise a right to purchase a transit system in 15528
accordance with the acquisition terms of an existing franchise 15529
agreement; and in connection with the purchase the regional 15530
transit authority may issue revenue bonds as provided by section 15531
306.37 of the Revised Code or issue bonds secured by its general 15532
credit as provided in section 306.40 of the Revised Code;15533

       (R) May apply for and accept grants or loans from the United 15534
States, the state, or any other public body for the purpose of 15535
providing for the development or improvement of transit 15536
facilities, mass transportation facilities, equipment, techniques, 15537
methods, or services, and grants or loans needed to exercise a 15538
right to purchase a transit system pursuant to agreement with the 15539
owner of those transit facilities, or for providing lawful 15540
financial assistance to existing transit systems; and may provide 15541
any consideration that may be required in order to obtain those 15542
grants or loans from the United States, the state, or other public 15543
body, either of which grants or loans may be evidenced by the 15544
issuance of revenue bonds as provided by section 306.37 of the 15545
Revised Code or general obligation bonds as provided by section 15546
306.40 of the Revised Code;15547

       (S) May employ and fix the compensation of consulting 15548
engineers, superintendents, managers, and such other engineering, 15549
construction, accounting and financial experts, attorneys, and 15550
other employees and agents necessary for the accomplishment of its 15551
purposes;15552

       (T) May procure insurance against loss to it by reason of 15553
damages to its properties resulting from fire, theft, accident, or 15554
other casualties or by reason of its liability for any damages to 15555
persons or property occurring in the construction or operation of 15556
transit facilities under its jurisdiction or the conduct of its 15557
activities;15558

       (U) May maintain funds that it considers necessary for the 15559
efficient performance of its duties;15560

       (V) May direct its agents or employees, when properly 15561
identified in writing, after at least five days' written notice, 15562
to enter upon lands within or without its territorial boundaries 15563
in order to make surveys and examinations preliminary to the 15564
location and construction of transit facilities, without liability 15565
to it or its agents or employees except for actual damage done;15566

       (W) On its own motion, may request the appropriate zoning 15567
board, as defined in section 4563.03 of the Revised Code, to 15568
establish and enforce zoning regulations pertaining to any transit 15569
facility under its jurisdiction in the manner prescribed by 15570
sections 4563.01 to 4563.21 of the Revised Code;15571

       (X) If it acquires any existing transit system, shall assume 15572
all the employer's obligations under any existing labor contract 15573
between the employees and management of the system. If the board 15574
acquires, constructs, controls, or operates any such facilities, 15575
it shall negotiate arrangements to protect the interests of 15576
employees affected by the acquisition, construction, control, or 15577
operation. The arrangements shall include, but are not limited to:15578

       (1) The preservation of rights, privileges, and benefits 15579
under existing collective bargaining agreements or otherwise, the 15580
preservation of rights and benefits under any existing pension 15581
plans covering prior service, and continued participation in 15582
social security in addition to participation in the public 15583
employees retirement system as required in Chapter 145. of the 15584
Revised Code;15585

       (2) The continuation of collective bargaining rights;15586

       (3) The protection of individual employees against a 15587
worsening of their positions with respect to their employment;15588

       (4) Assurances of employment to employees of those transit 15589
systems and priority reemployment of employees terminated or laid 15590
off;15591

       (5) Paid training or retraining programs;15592

       (6) Signed written labor agreements.15593

       The arrangements may include provisions for the submission of 15594
labor disputes to final and binding arbitration.15595

       (Y) May provide for and maintain security operations, 15596
including a transit police department, subject to section 306.352 15597
of the Revised Code. Regional transit authority police officers 15598
shall have the power and duty to act as peace officers within 15599
transit facilities owned, operated, or leased by the transit 15600
authority to protect the transit authority's property and the 15601
person and property of passengers, to preserve the peace, and to 15602
enforce all laws of the state and ordinances and regulations of 15603
political subdivisions in which the transit authority operates. 15604
Regional transit authority police officers also shall have the 15605
power and duty to act as peace officers when they render emergency 15606
assistance outside their jurisdiction to any other peace officer 15607
who is not a regional transit authority police officer and who has 15608
arrest authority under section 2935.03 of the Revised Code. 15609
Regional transit authority police officers may render emergency 15610
assistance if there is a threat of imminent physical danger to the 15611
peace officer, a threat of physical harm to another person, or any 15612
other serious emergency situation and if either the peace officer 15613
who is assisted requests emergency assistance or it appears that 15614
the peace officer who is assisted is unable to request emergency 15615
assistance and the circumstances observed by the regional transit 15616
authority police officer reasonably indicate that emergency 15617
assistance is appropriate.15618

       Before exercising powers of arrest and the other powers and 15619
duties of a peace officer, each regional transit authority police 15620
officer shall take an oath and give bond to the state in a sum 15621
that the board of trustees prescribes for the proper performance 15622
of the officer's duties.15623

       Persons employed as regional transit authority police 15624
officers shall complete training for the position to which they 15625
have been appointed as required by the Ohio peace officer training 15626
commission as authorized in section 109.77 of the Revised Code, or 15627
be otherwise qualified. The cost of the training shall be provided 15628
by the regional transit authority.15629

       (Z) May procure a policy or policies insuring members of its 15630
board of trustees against liability on account of damages or 15631
injury to persons and property resulting from any act or omission 15632
of a member in the member's official capacity as a member of the 15633
board or resulting solely out of the member's membership on the 15634
board;15635

       (AA) May enter into any agreement for the sale and leaseback 15636
or lease and leaseback of transit facilities, which agreement may 15637
contain all necessary covenants for the security and protection of 15638
any lessor or the regional transit authority including, but not 15639
limited to, indemnification of the lessor against the loss of 15640
anticipated tax benefits arising from acts, omissions, or 15641
misrepresentations of the regional transit authority. In 15642
connection with that transaction, the regional transit authority 15643
may contract for insurance and letters of credit and pay any 15644
premiums or other charges for the insurance and letters of credit. 15645
The fiscal officer shall not be required to furnish any 15646
certificate under section 5705.41 of the Revised Code in 15647
connection with the execution of any such agreement.15648

       (BB) In regard to any contract entered into on or after March 15649
19, 1993, for the rendering of services or the supplying of 15650
materials or for the construction, demolition, alteration, repair, 15651
or reconstruction of transit facilities in which a bond is 15652
required for the faithful performance of the contract, may permit 15653
the person awarded the contract to utilize a letter of credit 15654
issued by a bank or other financial institution in lieu of the 15655
bond;15656

       (CC) May enter into agreements with municipal corporations 15657
located within the territorial jurisdiction of the regional 15658
transit authority permitting regional transit authority police 15659
officers employed under division (Y) of this section to exercise 15660
full arrest powers, as provided in section 2935.03 of the Revised 15661
Code, for the purpose of preserving the peace and enforcing all 15662
laws of the state and ordinances and regulations of the municipal 15663
corporation within the areas that may be agreed to by the regional 15664
transit authority and the municipal corporation.15665

       Sec. 306.43.  (A) The board of trustees of a regional transit 15666
authority or any officer or employee designated by such board may 15667
make any contract for the purchase of goods or services, the cost 15668
of which does not exceed one hundred thousand dollars. When an 15669
expenditure, other than for the acquisition of real estate, the 15670
discharge of claims, or the acquisition of goods or services under 15671
the circumstances described in division (H) of this section, is 15672
expected to exceed one hundred thousand dollars, such expenditure 15673
shall be made through full and open competition by the use of 15674
competitive procedures. The regional transit authority shall use 15675
the competitive procedure, as set forth in divisions (B), (C), 15676
(D), and (E) of this section, that is most appropriate under the 15677
circumstances of the procurement.15678

       (B) Competitive sealed bidding is the preferred method of 15679
procurement and a regional transit authority shall use that method 15680
if all of the following conditions exist:15681

       (1) A clear, complete and adequate description of the goods, 15682
services, or work is available;15683

       (2) Time permits the solicitation, submission, and evaluation 15684
of sealed bids;15685

       (3) The award will be made on the basis of price and other 15686
price-related factors;15687

       (4) It is not necessary to conduct discussions with 15688
responding offerors about their bids;15689

       (5) There is a reasonable expectation of receiving more than 15690
one sealed bid.15691

       A regional transit authority shall publish a notice calling 15692
for bids once a week for no less than two consecutive weeks in at 15693
least onea newspaper of general circulation within the 15694
territorial boundaries of the regional transit authority, or as 15695
provided in section 7.16 of the Revised Code. A regional transit 15696
authority may require that a bidder for any contract other than a 15697
construction contract provide a bid guaranty in the form, quality, 15698
and amount considered appropriate by the regional transit 15699
authority. The board may let the contract to the lowest responsive 15700
and responsible bidder. Where fewer than two responsive bids are 15701
received, a regional transit authority may negotiate price with 15702
the sole responsive bidder or may rescind the solicitation and 15703
procure under division (H)(2) of this section.15704

       (C) A regional transit authority may use two-step competitive 15705
bidding, consisting of a technical proposal and a separate, 15706
subsequent sealed price bid from those submitting acceptable 15707
technical proposals, if both of the following conditions exist:15708

       (1) A clear, complete, and adequate description of the goods, 15709
services, or work is not available, but definite criteria exist 15710
for the evaluation of technical proposals;15711

       (2) It is necessary to conduct discussions with responding 15712
offerors.15713

       A regional transit authority shall publish a notice calling 15714
for technical proposals once a week for no less than two 15715
consecutive weeks in at least onea newspaper of general 15716
circulation within the territorial boundaries of the regional 15717
transit authority, or as provided in section 7.16 of the Revised 15718
Code. A regional transit authority may require a bid guaranty in 15719
the form, quality, and amount the regional transit authority 15720
considers appropriate. The board may let the contract to the 15721
lowest responsive and responsible bidder. Where fewer than two 15722
responsive and responsible bids are received, a regional transit 15723
authority may negotiate price with the sole responsive and 15724
responsible bidder or may rescind the solicitation and procure 15725
under division (H)(2) of this section.15726

       (D) A regional transit authority shall make a procurement by 15727
competitive proposals if competitive sealed bidding or two-step 15728
competitive bidding is not appropriate.15729

       A regional transit authority shall publish a notice calling 15730
for proposals once a week for no less than two consecutive weeks 15731
in at least onea newspaper of general circulation within the 15732
territorial boundaries of the regional transit authority, or as 15733
provided in section 7.16 of the Revised Code. A regional transit 15734
authority may require a proposal guaranty in the form, quality, 15735
and amount considered appropriate by the regional transit 15736
authority. The board may let the contract to the proposer making 15737
the offer considered most advantageous to the authority. Where 15738
fewer than two competent proposals are received, a regional 15739
transit authority may negotiate price and terms with the sole 15740
proposer or may rescind the solicitation and procure under 15741
division (H)(2) of this section.15742

       (E)(1) A regional transit authority shall procure the 15743
services of an architect or engineer in the manner prescribed by 15744
the "Federal Mass Transportation Act of 1987," Public Law No. 15745
100-17, section 316, 101 Stat. 227, 232-234, 49 U.S.C.A. app. 1608 15746
and the services of a construction manager in the manner 15747
prescribed by sections 9.33 to 9.332 of the Revised Code.15748

       (2) A regional transit authority may procure revenue rolling 15749
stock in the manner prescribed by division (B), (C), or (D) of 15750
this section.15751

       (3) All contracts for construction in excess of one hundred 15752
thousand dollars shall be made only after the regional transit 15753
authority has published a notice calling for bids once a week for 15754
two consecutive weeks in at least onea newspaper of general 15755
circulation within the territorial boundaries of the regional 15756
transit authority, or as provided in section 7.16 of the Revised 15757
Code. The board may award a contract to the lowest responsive and 15758
responsible bidder. Where only one responsive and responsible bid 15759
is received, the regional transit authority may negotiate price 15760
with the sole responsive bidder or may rescind the solicitation. 15761
The regional transit authority shall award construction contracts 15762
in accordance with sections 153.12 to 153.14 and 153.54 of the 15763
Revised Code. Divisions (B) and (C) of this section shall not 15764
apply to the award of contracts for construction.15765

       (F) All contracts involving expenditures in excess of one 15766
hundred thousand dollars shall be in writing and shall be 15767
accompanied by or shall refer to plans and specifications for the 15768
work to be done. The plans and specifications shall at all times 15769
be made and considered part of the contract. For all contracts 15770
other than construction contracts, a regional transit authority 15771
may require performance, payment, or maintenance guaranties or any 15772
combination of such guaranties in the form, quality, and amount it 15773
considers appropriate. The contract shall be approved by the board 15774
and signed on behalf of the regional transit authority and by the 15775
contractor.15776

       (G) In making a contract, a regional transit authority may 15777
give preference to goods produced in the United States in 15778
accordance with the Buy America requirements in the "Surface 15779
Transportation Assistance Act of 1982," Public Law No. 97-424, 15780
section 165, 96 Stat. 2097, 23 U.S.C.A. 101 note, as amended, and 15781
the rules adopted thereunder. The regional transit authority also 15782
may give preference to providers of goods produced in and services 15783
provided in labor surplus areas as defined by the United States 15784
department of labor in 41 U.S.C.A. 401 note, Executive Order No. 15785
12073, August 16, 1978, 43 Fed. Reg. 36873, as amended.15786

       (H) Competitive procedures under this section are not 15787
required in any of the following circumstances:15788

       (1) The board of trustees of a regional transit authority, by 15789
a two-thirds affirmative vote of its members, determines that a 15790
real and present emergency exists under any of the following 15791
conditions, and the board enters its determination and the reasons 15792
for it in its proceedings:15793

       (a) Affecting safety, welfare, or the ability to deliver 15794
transportation services;15795

       (b) Arising out of an interruption of contracts essential to 15796
the provision of daily transit services;15797

       (c) Involving actual physical damage to structures, supplies, 15798
equipment, or property.15799

       (2) The purchase consists of goods or services, or any 15800
combination thereof, and after reasonable inquiry the board or any 15801
officer or employee the board designates finds that only one 15802
source of supply is reasonably available.15803

       (3) The expenditure is for a renewal or renegotiation of a 15804
lease or license for telecommunications or electronic data 15805
processing equipment, services, or systems, or for the upgrade of 15806
such equipment, services, or systems, or for the maintenance 15807
thereof as supplied by the original source or its successors or 15808
assigns.15809

       (4) The purchase of goods or services is made from another 15810
political subdivision, public agency, public transit system, 15811
regional transit authority, the state, or the federal government, 15812
or as a third-party beneficiary under a state or federal 15813
procurement contract, or as a participant in a department of 15814
administrative services contract under division (B) of section 15815
125.04 of the Revised Code.15816

       (5) The sale and leaseback or lease and leaseback of transit 15817
facilities is made as provided in division (AA) of section 306.35 15818
of the Revised Code.15819

       (6) The purchase substantially involves services of a 15820
personal, professional, highly technical, or scientific nature, 15821
including but not limited to the services of an attorney, 15822
physician, surveyor, appraiser, investigator, court reporter, 15823
adjuster, advertising consultant, or licensed broker, or involves 15824
the special skills or proprietary knowledge required for the 15825
servicing of specialized equipment owned by the regional transit 15826
authority.15827

       (7) Services or supplies are available from a qualified 15828
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the 15829
Revised Code.15830

       (8) The purchase consists of the product or services of a 15831
public utility.15832

       (9) The purchase is for the services of individuals with 15833
disabilities to work in the authority's commissaries or 15834
cafeterias, and those individuals are supplied by a nonprofit 15835
corporation or association whose purpose is to assist individuals 15836
with disabilities, whether or not that corporation or association 15837
is funded entirely or in part by the federal government, or the 15838
purchase is for services provided by a nonprofit corporation or 15839
association whose purpose is to assist individuals with 15840
disabilities, whether or not that corporation or association is 15841
funded entirely or in part by the federal government. For purposes 15842
of division (H)(9) of this section, "disability" has the same 15843
meaning as in section 4112.01 of the Revised Code.15844

       (I) A regional transit authority may enter into blanket 15845
purchase agreements for purchases of maintenance, operating, or 15846
repair goods or services where the item cost does not exceed five 15847
hundred dollars and the annual expenditure does not exceed one 15848
hundred thousand dollars.15849

       (J) Nothing contained in this section prohibits a regional 15850
transit authority from participating in intergovernmental 15851
cooperative purchasing arrangements.15852

       (K) Except as otherwise provided in this chapter, a regional 15853
transit authority shall make a sale or other disposition of 15854
property through full and open competition. Except as provided in 15855
division (L) of this section, all dispositions of personal 15856
property and all grants of real property for terms exceeding five 15857
years shall be made by public auction or competitive procedure.15858

       (L) The competitive procedures required by division (K) of 15859
this section are not required in any of the following 15860
circumstances:15861

       (1) The grant is a component of a joint development between 15862
public and private entities and is intended to enhance or benefit 15863
public transit.15864

       (2) The grant of a limited use or of a license affecting land 15865
is made to an owner of abutting real property.15866

       (3) The grant of a limited use is made to a public utility.15867

       (4) The grant or disposition is to a department of the 15868
federal or state government, to a political subdivision of the 15869
state, or to any other governmental entity.15870

       (5) Used equipment is traded on the purchase of equipment and 15871
the value of the used equipment is a price-related factor in the 15872
basis for award for the purchase.15873

       (6) The value of the personal property is such that 15874
competitive procedures are not appropriate and the property either 15875
is sold at its fair market value or is disposed of by gift to a 15876
nonprofit entity having the general welfare or education of the 15877
public as one of its principal objects.15878

       (M) The board of trustees of a regional transit authority, 15879
when making a contract funded exclusively by state or local moneys 15880
or any combination thereof, shall make a good faith effort to use 15881
disadvantaged business enterprise participation to the same extent 15882
required under Section 105(f) of the "Surface Transportation 15883
Assistance Act of 1982," Public Law No. 97-424, 96 Stat. 2100, and 15884
Section 106(c) of the "Surface Transportation and Uniform 15885
Relocation Assistance Act of 1987," Public Law No. 100-17, 101 15886
Stat. 145, and the rules adopted thereunder.15887

       (N) As used in this section:15888

       (1) "Goods" means all things, including specially 15889
manufactured goods, that are movable at the time of identification 15890
to the contract for sale other than the money in which the price 15891
is to be paid, investment securities, and things in action. 15892
"Goods" also includes other identified things attached to realty 15893
as described in section 1302.03 of the Revised Code.15894

       (2) "Services" means the furnishing of labor, time, or effort 15895
by a contractor, not involving the delivery of goods or reports 15896
other than goods or reports that are merely incidental to the 15897
required performance, including but not limited to insurance, 15898
bonding, or routine operation, routine repair, or routine 15899
maintenance of existing structures, buildings, real property, or 15900
equipment, but does not include employment agreements, collective 15901
bargaining agreements, or personal services.15902

       (3) "Construction" means the process of building, altering, 15903
repairing, improving, painting, decorating, or demolishing any 15904
structure or building, or other improvements of any kind to any 15905
real property owned or leased by a regional transit authority.15906

       (4) "Full and open competition" has the same meaning as in 15907
the "Office of Federal Procurement Policy Act," Public Law No. 15908
98-369, section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403.15909

       (5) A bidder is "responsive" if, applying the criteria of 15910
division (A) of section 9.312 of the Revised Code, the bidder is 15911
"responsive" as described in that section.15912

       (6) A bidder is "responsible" if, applying the criteria of 15913
division (A) of section 9.312 of the Revised Code and of the 15914
"Office of Federal Procurement Policy Act," Public Law No. 98-369, 15915
section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403, the bidder is 15916
"responsible" as described in those sections.15917

       Sec. 306.55. Beginning July 1, 2011 and until November 5, 15918
2013, any county, municipal corporation, or township that has 15919
created or joined a regional transit authority that levies a 15920
property tax and that includes a county having a population of at 15921
least four hundred thousand according to the most recent federal 15922
census, may withdraw from the regional transit authority in the 15923
manner provided in this section. The board of county 15924
commissioners, legislative authority of the municipal corporation, 15925
or board of township trustees of the township proposing to 15926
withdraw shall adopt a resolution to submit the question of 15927
withdrawing from the regional transit authority to the electors of 15928
the territory to be withdrawn and shall certify the proposal to 15929
the board of elections for the purpose of having the proposal 15930
placed on the ballot at the next general election or at a special 15931
election conducted on the day of the next primary election that 15932
occurs not less than seventy-five days after the resolution is 15933
certified to the board of elections.15934

        Upon certification of a proposal to the board of elections 15935
pursuant to this section, the board of elections shall make the 15936
necessary arrangements for the submission of the question to the 15937
electors of the territory to be withdrawn from the regional 15938
transit authority qualified to vote on the question, and the 15939
election shall be held, canvassed, and certified in the same 15940
manner as regular elections for the election of officers of the 15941
subdivision proposing to withdraw from the regional transit 15942
authority, except that the question appearing on the ballot shall 15943
read:15944

        "Shall the territory within the ......................... 15945
(Name of political subdivision to be withdrawn) be withdrawn from 15946
......................... ......... (Name) regional transit 15947
authority?"15948

        If the question is approved by at least a majority of the 15949
electors voting on the question, the withdrawal is effective one 15950
year from the date of the certification of its passage.15951

        The board of elections to which the resolution was certified 15952
shall certify the results of the election to the board or 15953
legislative authority of the subdivision that submitted the 15954
resolution to withdraw and to the board of trustees of the 15955
regional transit authority from which the subdivision proposed to 15956
withdraw.15957

        If the question of withdrawing from the regional transit 15958
authority is approved, the power of the regional transit authority 15959
to levy a tax on taxable property in the withdrawing subdivision 15960
terminates.15961

       Sec. 306.551. Any county, municipal corporation, or township 15962
that withdraws from a regional transit authority under section 15963
306.55 of the Revised Code may enter into a contract with a 15964
regional transit authority or other provider of transit services 15965
to provide transportation service for handicapped, disabled, or 15966
elderly persons and for any other service the legislative 15967
authority of the county, municipal corporation, or township may 15968
determine to be appropriate.15969

       Sec. 306.70.  A tax proposed to be levied by a board of 15970
county commissioners or by the board of trustees of a regional 15971
transit authority pursuant to sections 5739.023 and 5741.022 of 15972
the Revised Code shall not become effective until it is submitted 15973
to the electors residing within the county or within the 15974
territorial boundaries of the regional transit authority and 15975
approved by a majority of the electors voting on it. Such question 15976
shall be submitted at a general election or at a special election 15977
on a day specified in the resolution levying the tax and occurring 15978
not less than ninety days after such resolution is certified to 15979
the board of elections, in accordance with section 3505.071 of the 15980
Revised Code.15981

       The board of elections of the county or of each county in 15982
which any territory of the regional transit authority is located 15983
shall make the necessary arrangements for the submission of such 15984
question to the electors of the county or regional transit 15985
authority, and the election shall be held, canvassed, and 15986
certified in the same manner as regular elections for the election 15987
of county officers. Notice of the election shall be published in 15988
one or more newspapers which in the aggregate area newspaper of 15989
general circulation in the territory of the county or of the 15990
regional transit authority once a week for two consecutive weeks 15991
prior to the election and, ifor as provided in section 7.16 of 15992
the Revised Code. If the board of elections operates and maintains 15993
a web site, notice of the election also shall be posted on that 15994
web site for thirty days prior to the election. The notice shall 15995
state the type, rate, and purpose of the tax to be levied, the 15996
length of time during which the tax will be in effect, and the 15997
time and place of the election.15998

       More than one such question may be submitted at the same 15999
election. The form of the ballots cast at such election shall be:16000

       "Shall a(n) ................ (sales and use) ............. 16001
tax be levied for all transit purposes of the .................. 16002
(here insert name of the county or regional transit authority) at 16003
a rate not exceeding ................... (here insert percentage) 16004
per cent for ................ (here insert number of years the tax 16005
is to be in effect, or that it is to be in effect for a continuing 16006
period of time)?"16007

       If the tax proposed to be levied is a continuation of an 16008
existing tax, whether at the same rate or at an increased or 16009
reduced rate, or an increase in the rate of an existing tax, the 16010
notice and ballot form shall so state.16011

       The board of elections to which the resolution was certified 16012
shall certify the results of the election to the county auditor of 16013
the county or secretary-treasurer of the regional transit 16014
authority levying the tax and to the tax commissioner of the 16015
state.16016

       Sec. 307.022.  (A) The board of county commissioners of any 16017
county may do both of the following without following the 16018
competitive bidding requirements of section 307.86 of the Revised 16019
Code:16020

       (1) Enter into a lease, including a lease with an option to 16021
purchase, of correctional facilities for a term not in excess of 16022
forty years. Before entering into the lease, the board shall 16023
publish, once a week for three consecutive weeks in a newspaper of 16024
general circulation in the county or as provided in section 7.16 16025
of the Revised Code, a notice that the board is accepting 16026
proposals for a lease pursuant to this division. The notice shall 16027
state the date before which the proposals are required to be 16028
submitted in order to be considered by the board.16029

       (2) Subject to compliance with this section, grant leases, 16030
easements, and licenses with respect to, or sell, real property 16031
owned by the county if the real property is to be leased back by 16032
the county for use as correctional facilities.16033

       The lease under division (A)(1) of this section shall require 16034
the county to contract, in accordance with Chapter 153., sections 16035
307.86 to 307.92, and Chapter 4115. of the Revised Code, for the 16036
construction, improvement, furnishing, and equipping of 16037
correctional facilities to be leased pursuant to this section. 16038
Prior to the board's execution of the lease, it may require the 16039
lessor under the lease to cause sufficient money to be made 16040
available to the county to enable the county to comply with the 16041
certification requirements of division (D) of section 5705.41 of 16042
the Revised Code.16043

       A lease entered into pursuant to division (A)(1) of this 16044
section by a board may provide for the county to maintain and 16045
repair the correctional facility during the term of the leasehold, 16046
may provide for the county to make rental payments prior to or 16047
after occupation of the correctional facilities by the county, and 16048
may provide for the board to obtain and maintain any insurance 16049
that the lessor may require, including, but not limited to, public 16050
liability, casualty, builder's risk, and business interruption 16051
insurance. The obligations incurred under a lease entered into 16052
pursuant to division (A)(1) of this section shall not be 16053
considered to be within the debt limitations of section 133.07 of 16054
the Revised Code.16055

       (B) The correctional facilities leased under division (A)(1) 16056
of this section may include any or all of the following:16057

       (1) Facilities in which one or more other governmental 16058
entities are participating or in which other facilities of the 16059
county are included;16060

       (2) Facilities acquired, constructed, renovated, or financed 16061
by the Ohio building authority and leased to the county pursuant 16062
to section 307.021 of the Revised Code;16063

       (3) Correctional facilities that are under construction or 16064
have been completed and for which no permanent financing has been 16065
arranged.16066

       (C) As used in this section:16067

       (1) "Correctional facilities" includes, but is not limited 16068
to, jails, detention facilities, workhouses, community-based 16069
correctional facilities, and family court centers.16070

       (2) "Construction" has the same meaning as in division (B) of 16071
section 4115.03 of the Revised Code.16072

       Sec. 307.041.  (A) As used in this section, "energy 16073
conservation measure" means an installation or modification of an 16074
installation in, or remodeling of, an existing building, to reduce 16075
energy consumption. "Energy conservation measure" includes the 16076
following:16077

       (1) Insulation of the building structure and of systems 16078
within the building;16079

       (2) Storm windows and doors, multiglazed windows and doors, 16080
heat-absorbing or heat-reflective glazed and coated window and 16081
door systems, additional glazing, reductions in glass area, and 16082
other window and door system modifications that reduce energy 16083
consumption;16084

       (3) Automatic energy control systems;16085

       (4) Heating, ventilating, or air conditioning system 16086
modifications or replacements;16087

       (5) Caulking and weatherstripping;16088

       (6) Replacement or modification of lighting fixtures to 16089
increase the energy efficiency of the system without increasing 16090
the overall illumination of a facility, unless such an increase in 16091
illumination is necessary to conform to the applicable state or 16092
local building code for the proposed lighting system;16093

       (7) Energy recovery systems;16094

       (8) Cogeneration systems that produce steam or forms of 16095
energy such as heat, as well as electricity, for use primarily 16096
within a building or complex of buildings;16097

       (9) Acquiring, constructing, furnishing, equipping, improving 16098
the site of, and otherwise improving a central utility plant to 16099
provide heating and cooling services to a building or buildings 16100
together with distribution piping and ancillary distribution 16101
controls, equipment, and related facilities from the central 16102
utility plant to the building or buildings;16103

       (10) Any other modification, installation, or remodeling 16104
approved by the board of county commissioners as an energy 16105
conservation measure.16106

       (B) For the purpose of evaluating county buildings for energy 16107
conservation measures, a county may contract with an architect, 16108
professional engineer, energy services company, contractor, or 16109
other person experienced in the design and implementation of 16110
energy conservation measures for an energy conservation report. 16111
The report shall include all of the following:16112

        (1) Analyses of the buildings' energy needs and 16113
recommendations for building installations, modifications of 16114
existing installations, or building remodeling that would 16115
significantly reduce energy consumption in the buildings owned by 16116
that county;16117

       (2) Estimates of all costs of those installations, those 16118
modifications, or that remodeling, including costs of design, 16119
engineering, installation, maintenance, and repairs;16120

       (3) Estimates of the amounts by which energy consumption 16121
could be reduced;16122

       (4) The interest rate used to estimate the costs of any 16123
energy conservation measures that are to be financed;16124

        (5) The average system life of the energy conservation 16125
measures;16126

        (6) Estimates of the likely savings that will result from the 16127
reduction in energy consumption over the average system life of 16128
the energy conservation measure, including the methods used to 16129
estimate the savings;16130

        (7) A certification under the seal of a registered 16131
professional engineer that the energy conservation report uses 16132
reasonable methods of analysis and estimation.16133

       (C)(1) A county desiring to implement energy conservation 16134
measures may proceed under either of the following methods:16135

       (a) Using a report or any part of an energy conservation 16136
report prepared under division (B) of this section, advertise for 16137
bids and, except as otherwise provided in this section, comply 16138
with sections 307.86 to 307.92 of the Revised Code;16139

       (b) Notwithstanding sections 307.86 to 307.92 of the Revised 16140
Code, request proposals from at least three vendors for the 16141
implementation of energy conservation measures. A request for 16142
proposals shall require the installer that is awarded a contract 16143
under division (C)(2)(b) of this section to prepare an energy 16144
conservation report in accordance with division (B) of this 16145
section. Prior to sending any installer of energy conservation 16146
measures a copy of any request for proposals, the county shall 16147
advertise its intent to request proposals for the installation of 16148
energy conservation measures in a newspaper of general circulation 16149
in the county once a week for two consecutive weeks or as 16150
provided in section 7.16 of the Revised Code. The notice shall 16151
state that the county intends to request proposals for the 16152
installation of energy conservation measures; indicate the date, 16153
which shall be at least ten days after the second publication, on 16154
which the request for proposals will be mailed to installers of 16155
energy conservation measures; and state that any installer of 16156
energy conservation measures interested in receiving the request 16157
for proposals shall submit written notice to the county not later 16158
than noon of the day on which the request for proposals will be 16159
mailed.16160

       (2)(a) Upon receiving bids under division (C)(1)(a) of this 16161
section, the county shall analyze them and select the lowest and 16162
best bid or bids most likely to result in the greatest energy 16163
savings considering the cost of the project and the county's 16164
ability to pay for the improvements with current revenues or by 16165
financing the improvements. 16166

       (b) Upon receiving proposals under division (C)(1)(b) of this 16167
section, the county shall analyze the proposals and the 16168
installers' qualifications and select the most qualified installer 16169
to prepare an energy conservation report in accordance with 16170
division (B) of this section. After receipt and review of the 16171
energy conservation report, the county may award a contract to the 16172
selected installer to install the energy conservation measures 16173
that are most likely to result in the greatest energy savings 16174
considering the cost of the project and the county's ability to 16175
pay for the improvements with current revenues or by financing the 16176
improvements.16177

        (c) The awarding of a contract to install energy conservation 16178
measures under division (C)(2)(a) or (b) of this section shall be 16179
conditioned upon a finding by the contracting authority that the 16180
amount of money spent on the energy conservation measures is not 16181
likely to exceed the amount of money the county would save in 16182
energy, operating, maintenance, and avoided capital costs over the 16183
average system life of the energy conservation measures as 16184
specified in the energy conservation report. In making such a 16185
finding, the contracting authority may take into account increased 16186
costs due to inflation as shown in the energy conservation report. 16187
Nothing in this division prohibits a county from rejecting all 16188
bids or proposals under division (C)(1)(a) or (b) of this section 16189
or from selecting more than one bid or proposal.16190

       (D) A board of county commissioners may enter into an 16191
installment payment contract for the purchase and installation of 16192
energy conservation measures. Provisions of installment payment 16193
contracts that deal with interest charges and financing terms 16194
shall not be subject to the competitive bidding requirements of 16195
section 307.86 of the Revised Code, and shall be on the following 16196
terms:16197

       (1) Not less than a specified percentage, as determined and 16198
approved by the board of county commissioners, of the costs of the 16199
contract shall be paid within two years from the date of purchase.16200

       (2) The remaining balance of the costs of the contract shall 16201
be paid within the lesser of the average system life of the energy 16202
conservation measures as specified in the energy conservation 16203
report or thirty years.16204

       (E) The board of county commissioners may issue the notes of 16205
the county specifying the terms of a purchase of energy 16206
conservation measures under this section and securing any deferred 16207
payments provided for in division (D) of this section. The notes 16208
shall be payable at the times provided and bear interest at a rate 16209
not exceeding the rate determined as provided in section 9.95 of 16210
the Revised Code. The notes may contain an option for prepayment 16211
and shall not be subject to Chapter 133. of the Revised Code. 16212
Revenues derived from local taxes or otherwise for the purpose of 16213
conserving energy or for defraying the current operating expenses 16214
of the county may be pledged and applied to the payment of 16215
interest and the retirement of the notes. The notes may be sold at 16216
private sale or given to the contractor under an installment 16217
payment contract authorized by division (D) of this section.16218

       (F) Debt incurred under this section shall not be included in 16219
the calculation of the net indebtedness of a county under section 16220
133.07 of the Revised Code.16221

       Sec. 307.10.  (A) No sale of real property, or lease of real 16222
property used or to be used for the purpose of airports, landing 16223
fields, or air navigational facilities, or parts thereof, as 16224
provided by section 307.09 of the Revised Code shall be made 16225
unless it is authorized by a resolution adopted by a majority of 16226
the board of county commissioners. When a sale of real property as 16227
provided by section 307.09 of the Revised Code is authorized, the 16228
board may either deed the property to the highest responsible 16229
bidder, after advertisement once a week for four consecutive weeks 16230
in a newspaper of general circulation in the county or as provided 16231
in section 7.16 of the Revised Code, or offer the real property 16232
for sale at a public auction, after giving at least thirty days' 16233
notice of the auction by publication in a newspaper of general 16234
circulation in the county. The board may reject any and all bids. 16235
The board may, as it considers best, sell real property pursuant 16236
to this section as an entire tract or in parcels. The board, by 16237
resolution adopted by a majority of the board, may lease real 16238
property, in accordance with division (A) of section 307.09 of the 16239
Revised Code, without advertising for bids.16240

       (B) The board, by resolution, may transfer real property in 16241
fee simple belonging to the county and not needed for public use 16242
to the United States government, to the state or any department or 16243
agency thereof, to municipal corporations or other political 16244
subdivisions of the state, to the county board of developmental 16245
disabilities, or to a county land reutilization corporation 16246
organized under Chapter 1724. of the Revised Code for public 16247
purposes upon the terms and in the manner that it may determine to 16248
be in the best interests of the county, without advertising for 16249
bids. The board shall execute a deed or other proper instrument 16250
when such a transfer is approved.16251

       (C) The board, by resolution adopted by a majority of the 16252
board, may grant leases, rights, or easements to the United States 16253
government, to the state or any department or agency thereof, or 16254
to municipal corporations and other political subdivisions of the 16255
state, or to privately owned electric light and power companies, 16256
natural gas companies, or telephone or telegraph companies for 16257
purposes of rendering their several public utilities services, in 16258
accordance with division (B) of section 307.09 of the Revised 16259
Code, without advertising for bids. When such grant of lease, 16260
right, or easement is authorized, a deed or other proper 16261
instrument therefor shall be executed by the board.16262

       Sec. 307.12.  (A) Except as otherwise provided in divisions 16263
(D), (E), and (G) of this section, when the board of county 16264
commissioners finds, by resolution, that the county has personal 16265
property, including motor vehicles acquired for the use of county 16266
officers and departments, and road machinery, equipment, tools, or 16267
supplies, that is not needed for public use, is obsolete, or is 16268
unfit for the use for which it was acquired, and when the fair 16269
market value of the property to be sold or donated under this 16270
division is, in the opinion of the board, in excess of two 16271
thousand five hundred dollars, the board may do either of the 16272
following: 16273

       (1) Sell the property at public auction or by sealed bid to 16274
the highest bidder. Notice of the time, place, and manner of the 16275
sale shall be published in a newspaper of general circulation in 16276
the county at least ten days prior to the sale, and a typewritten 16277
or printed notice of the time, place, and manner of the sale shall 16278
be posted at least ten days before the sale in the offices of the 16279
county auditor and the board of county commissioners. 16280

       If a board conducts a sale of property by sealed bid, the 16281
form of the bid shall be as prescribed by the board, and each bid 16282
shall contain the name of the person submitting it. Bids received 16283
shall be opened and tabulated at the time stated in the notice. 16284
The property shall be sold to the highest bidder, except that the 16285
board may reject all bids and hold another sale, by public auction 16286
or sealed bid, in the manner prescribed by this section. 16287

       (2) Donate any motor vehicle that does not exceed four 16288
thousand five hundred dollars in value to a nonprofit organization 16289
exempt from federal income taxation pursuant to 26 U.S.C. 501(a) 16290
and (c)(3) for the purpose of meeting the transportation needs of 16291
participants in the Ohio works first program established under 16292
Chapter 5107. of the Revised Code and participants in the 16293
prevention, retention, and contingency program established under 16294
Chapter 5108. of the Revised Code. 16295

       (B) When the board of county commissioners finds, by 16296
resolution, that the county has personal property, including motor 16297
vehicles acquired for the use of county officers and departments, 16298
and road machinery, equipment, tools, or supplies, that is not 16299
needed for public use, is obsolete, or is unfit for the use for 16300
which it was acquired, and when the fair market value of the 16301
property to be sold or donated under this division is, in the 16302
opinion of the board, two thousand five hundred dollars or less, 16303
the board may do either of the following: 16304

       (1) Sell the property by private sale, without advertisement 16305
or public notification; 16306

       (2) Donate the property to an eligible nonprofit organization 16307
that is located in this state and is exempt from federal income 16308
taxation pursuant to 26 U.S.C. 501(a) and (c)(3). Before donating 16309
any property under this division, the board shall adopt a 16310
resolution expressing its intent to make unneeded, obsolete, or 16311
unfit-for-use county personal property available to these 16312
organizations. The resolution shall include guidelines and 16313
procedures the board considers necessary to implement a donation 16314
program under this division and shall indicate whether the county 16315
will conduct the donation program or the board will contract with 16316
a representative to conduct it. If a representative is known when 16317
the resolution is adopted, the resolution shall provide contact 16318
information such as the representative's name, address, and 16319
telephone number. 16320

       The resolution shall include within its procedures a 16321
requirement that any nonprofit organization desiring to obtain 16322
donated property under this division shall submit a written notice 16323
to the board or its representative. The written notice shall 16324
include evidence that the organization is a nonprofit organization 16325
that is located in this state and is exempt from federal income 16326
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of 16327
the organization's primary purpose; a description of the type or 16328
types of property the organization needs; and the name, address, 16329
and telephone number of a person designated by the organization's 16330
governing board to receive donated property and to serve as its 16331
agent. 16332

       After adoption of the resolution, the board shall publish, in 16333
a newspaper of general circulation in the county, notice of its 16334
intent to donate unneeded, obsolete, or unfit-for-use county 16335
personal property to eligible nonprofit organizations. The notice 16336
shall include a summary of the information provided in the 16337
resolution and shall be published at least twice or as provided in 16338
section 7.16 of the Revised Code. The second and any subsequent 16339
notice shall be published not less than ten nor more than twenty 16340
days after the previous notice. A similar notice also shall be 16341
posted continually in a conspicuous place in the offices of the 16342
county auditor and the board of county commissioners, and, if. If16343
the county maintains a web site on the internet, the notice shall 16344
be posted continually at that web site. 16345

       The board or its representative shall maintain a list of all 16346
nonprofit organizations that notify the board or its 16347
representative of their desire to obtain donated property under 16348
this division and that the board or its representative determines 16349
to be eligible, in accordance with the requirements set forth in 16350
this section and in the donation program's guidelines and 16351
procedures, to receive donated property. 16352

       The board or its representatives also shall maintain a list 16353
of all county personal property the board finds to be unneeded, 16354
obsolete, or unfit for use and to be available for donation under 16355
this division. The list shall be posted continually in a 16356
conspicuous location in the offices of the county auditor and the 16357
board of county commissioners, and, if the county maintains a web 16358
site on the internet, the list shall be posted continually at that 16359
web site. An item of property on the list shall be donated to the 16360
eligible nonprofit organization that first declares to the board 16361
or its representative its desire to obtain the item unless the 16362
board previously has established, by resolution, a list of 16363
eligible nonprofit organizations that shall be given priority with 16364
respect to the item's donation. Priority may be given on the basis 16365
that the purposes of a nonprofit organization have a direct 16366
relationship to specific public purposes of programs provided or 16367
administered by the board. A resolution giving priority to certain 16368
nonprofit organizations with respect to the donation of an item of 16369
property shall specify the reasons why the organizations are given 16370
that priority. 16371

       (C) Members of the board of county commissioners shall 16372
consult with the Ohio ethics commission, and comply with the 16373
provisions of Chapters 102. and 2921. of the Revised Code, with 16374
respect to any sale or donation under division (A) or (B) of this 16375
section to a nonprofit organization of which a county 16376
commissioner, any member of the county commissioner's family, or 16377
any business associate of the county commissioner is a trustee, 16378
officer, board member, or employee. 16379

       (D) Notwithstanding anything to the contrary in division (A), 16380
(B), or (E) of this section and regardless of the property's 16381
value, the board of county commissioners may sell or donate county 16382
personal property, including motor vehicles, to the federal 16383
government, the state, any political subdivision of the state, or 16384
a county land reutilization corporation without advertisement or 16385
public notification. 16386

       (E) Notwithstanding anything to the contrary in division (A), 16387
(B), or (G) of this section and regardless of the property's 16388
value, the board of county commissioners may sell personal 16389
property, including motor vehicles acquired for the use of county 16390
officers and departments, and road machinery, equipment, tools, or 16391
supplies, that is not needed for public use, is obsolete, or is 16392
unfit for the use for which it was acquired, by internet auction. 16393
The board shall adopt, during each calendar year, a resolution 16394
expressing its intent to sell that property by internet auction. 16395
The resolution shall include a description of how the auctions 16396
will be conducted and shall specify the number of days for bidding 16397
on the property, which shall be no less than ten days, including 16398
Saturdays, Sundays, and legal holidays. The resolution shall 16399
indicate whether the county will conduct the auction or the board 16400
will contract with a representative to conduct the auction and 16401
shall establish the general terms and conditions of sale. If a 16402
representative is known when the resolution is adopted, the 16403
resolution shall provide contact information such as the 16404
representative's name, address, and telephone number. 16405

       After adoption of the resolution, the board shall publish, in 16406
a newspaper of general circulation in the county, notice of its 16407
intent to sell unneeded, obsolete, or unfit-for-use county 16408
personal property by internet auction. The notice shall include a 16409
summary of the information provided in the resolution and shall be 16410
published at least twice or as provided in section 7.16 of the 16411
Revised Code. The second and any subsequent notice shall be 16412
published not less than ten nor more than twenty days after the 16413
previous notice. A similar notice also shall be posted continually 16414
throughout the calendar year in a conspicuous place in the offices 16415
of the county auditor and the board of county commissioners, and, 16416
if. If the county maintains a web site on the internet, the notice 16417
shall be posted continually throughout the calendar year at that 16418
web site. 16419

       When property is to be sold by internet auction, the board or 16420
its representative may establish a minimum price that will be 16421
accepted for specific items and may establish any other terms and 16422
conditions for the particular sale, including requirements for 16423
pick-up or delivery, method of payment, and sales tax. This type 16424
of information shall be provided on the internet at the time of 16425
the auction and may be provided before that time upon request 16426
after the terms and conditions have been determined by the board 16427
or its representative. 16428

       (F) When a county officer or department head determines that 16429
county-owned personal property under the jurisdiction of the 16430
officer or department head, including motor vehicles, road 16431
machinery, equipment, tools, or supplies, is not of immediate 16432
need, the county officer or department head may notify the board 16433
of county commissioners, and the board may lease that personal 16434
property to any municipal corporation, township, other political 16435
subdivision of the state, or to a county land reutilization 16436
corporation. The lease shall require the county to be reimbursed 16437
under terms, conditions, and fees established by the board, or 16438
under contracts executed by the board. 16439

       (G) If the board of county commissioners finds, by 16440
resolution, that the county has vehicles, equipment, or machinery 16441
that is not needed, or is unfit for public use, and the board 16442
desires to sell the vehicles, equipment, or machinery to the 16443
person or firm from which it proposes to purchase other vehicles, 16444
equipment, or machinery, the board may offer to sell the vehicles, 16445
equipment, or machinery to that person or firm, and to have the 16446
selling price credited to the person or firm against the purchase 16447
price of other vehicles, equipment, or machinery. 16448

       (H) If the board of county commissioners advertises for bids 16449
for the sale of new vehicles, equipment, or machinery to the 16450
county, it may include in the same advertisement a notice of the 16451
willingness of the board to accept bids for the purchase of 16452
county-owned vehicles, equipment, or machinery that is obsolete or 16453
not needed for public use, and to have the amount of those bids 16454
subtracted from the selling price of the other vehicles, 16455
equipment, or machinery as a means of determining the lowest 16456
responsible bidder. 16457

       (I) If a board of county commissioners determines that county 16458
personal property is not needed for public use, or is obsolete or 16459
unfit for the use for which it was acquired, and that the property 16460
has no value, the board may discard or salvage that property. 16461

       (J) A county engineer, in the engineer's discretion, may 16462
dispose of scrap construction materials on such terms as the 16463
engineer determines reasonable, including disposal without 16464
recovery of costs, if the total value of the materials does not 16465
exceed twenty-five thousand dollars. The engineer shall maintain 16466
records of all dispositions made under this division, including 16467
identification of the origin of the materials, the final 16468
disposition, and copies of all receipts resulting from the 16469
dispositions. 16470

        As used in division (I) of this section, "scrap construction 16471
materials" means construction materials that result from a road or 16472
bridge improvement, remain after the improvement is completed, and 16473
are not reusable. Construction material that is metal and that 16474
results from a road or bridge improvement and remains after the 16475
improvement is completed is scrap construction material only if it 16476
cannot be used in any other road or bridge improvement or other 16477
project in its current state. 16478

       Sec. 307.676. (A) As used in this section:16479

       (1) "Food and beverages" means any raw, cooked, or processed 16480
edible substance used or intended for use in whole or in part for 16481
human consumption, including ice, water, spirituous liquors, wine, 16482
mixed beverages, beer, soft drinks, soda, and other beverages.16483

       (2) "Convention facilities authority" has the same meaning as 16484
in section 351.01 of the Revised Code.16485

       (3) "Convention center" has the same meaning as in section 16486
307.695 of the Revised Code.16487

       (B) The legislative authority of a county with a population 16488
of one million or more according to the most recent federal 16489
decennial census may, by resolution adopted on or before August 16490
30, 2004, by a majority of the members of the legislative 16491
authority and with the subsequent approval of a majority of the 16492
electors of the county voting upon it, levy a tax of not more than 16493
two per cent on every retail sale in the county of food and 16494
beverages to be consumed on the premises where sold to pay the 16495
expenses of administering the tax and to provide revenues for the 16496
county general fund. Such resolution shall direct the board of 16497
elections to submit the question of levying the tax to the 16498
electors of the county at the next primary or general election in 16499
the county occurring not less than ninety days after the 16500
resolution is certified to the board of elections, and such 16501
resolution may further direct the board of elections to include 16502
upon the ballot submitted to the electors any specific purposes 16503
for which the tax will be used. The legislative authority shall 16504
establish all regulations necessary to provide for the 16505
administration and allocation of the tax. The regulations may 16506
prescribe the time for payment of the tax and may provide for 16507
imposition of a penalty, interest, or both for late payments, 16508
provided that any such penalty may not exceed ten per cent of the 16509
amount of tax due and the rate at which interest accrues may not 16510
exceed the rate per annum required under section 5703.47 of the 16511
Revised Code.16512

       (C) A tax levied under this section shall remain in effect 16513
for the period of time specified in the resolution or ordinance 16514
levying the tax, but in no case for a longer period than forty 16515
years.16516

       (D) A tax levied under this section is in addition to any 16517
other tax levied under Chapter 307., 4301., 4305., 5739., 5741., 16518
or any other chapter of the Revised Code. "Price," as defined in 16519
sections 5739.01 and 5741.01 of the Revised Code, does not include 16520
any tax levied under this section and any tax levied under this 16521
section does not include any tax imposed under Chapter 5739. or 16522
5741. of the Revised Code.16523

       (E)(1) No amount collected from a tax levied under this 16524
section shall be contributed to a convention facilities authority, 16525
corporation, or other entity created after July 1, 2003, for the 16526
principal purpose of constructing, improving, expanding, 16527
equipping, financing, or operating a convention center unless the 16528
mayor of the municipal corporation in which the convention center 16529
is to be operated by that convention facilities authority, 16530
corporation, or other entity has consented to the creation of that 16531
convention facilities authority, corporation, or entity. 16532
Notwithstanding any contrary provision of section 351.04 of the 16533
Revised Code, if a tax is levied by a county under this section, 16534
the board of county commissioners of that county may determine the 16535
manner of selection, the qualifications, the number, and terms of 16536
office of the members of the board of directors of any convention 16537
facilities authority, corporation, or other entity described in 16538
division (E)(1) of this section.16539

       (2)(a) No amount collected from a tax levied under this 16540
section may be used for any purpose other than paying the direct 16541
and indirect costs of constructing, improving, expanding, 16542
equipping, financing, or operating a convention center and for the 16543
real and actual costs of administering the tax, unless, prior to 16544
the adoption of the resolution of the legislative authority of the 16545
county directing the board of elections to submit the question of 16546
the levy, extension, or increase to the electors of the county, 16547
the county and the mayor of the most populous municipal 16548
corporation in that county have entered into an agreement as to 16549
the use of such amounts, provided that such agreement has been 16550
approved by a majority of the mayors of the other municipal 16551
corporations in that county. The agreement shall provide that the 16552
amounts to be used for purposes other than paying the convention 16553
center or administrative costs described in division (E)(2)(a) of 16554
this section be used only for the direct and indirect costs of 16555
capital improvements in accordance with the agreement, including 16556
the financing of capital improvements. Immediately following the 16557
execution of the agreement, the county shall:16558

       (i) In accordance with section 7.12 of the Revised Code, 16559
cause the agreement to be published at least once in a newspaper 16560
of general circulation in that county; or16561

       (ii) Post the agreement in at least five public places in the 16562
county, as determined by the legislative authority, for a period 16563
not less than fifteen days.16564

       (b) If the county in which the tax is levied has an 16565
association of mayors and city managers, the approval of that 16566
association of an agreement described in division (E)(2)(a) of 16567
this section shall be considered to be the approval of the 16568
majority of the mayors of the other municipal corporations for 16569
purposes of that division.16570

       (F) Each year, the auditor of state shall conduct an audit of 16571
the uses of any amounts collected from taxes levied under this 16572
section and shall prepare a report of the auditor of state's 16573
findings. The auditor of state shall submit the report to the 16574
legislative authority of the county that has levied the tax, the 16575
speaker of the house of representatives, the president of the 16576
senate, and the leaders of the minority parties of the house of 16577
representatives and the senate.16578

       (G) The levy of any taxes under Chapter 5739. of the Revised 16579
Code on the same transactions subject to a tax under this section 16580
does not prevent the levy of a tax under this section.16581

       Sec. 307.70.  In any county electing a county charter 16582
commission, the board of county commissioners shall appropriate 16583
money for the expenses of such commission in the preparation of a 16584
county charter, or charter amendment, and the study of problems 16585
involved. No appropriation shall be made for the compensation of 16586
members of the commission for their services. The board shall 16587
appropriate money for the printing and mailing or otherwise 16588
distributing to each elector in the county, as far as may be 16589
reasonably possible, a copy of a charter submitted to the electors 16590
of the county by a charter commission or by the board pursuant to 16591
petition as provided by Section 4 of Article X, Ohio Constitution. 16592
The copy of the charter shall be mailed or otherwise distributed 16593
at least thirty days prior to the election. The board shall 16594
appropriate money for the printing and distribution or publication 16595
of proposed amendments to a charter submitted by a charter 16596
commission pursuant to Section 4 of Article X, Ohio Constitution. 16597
Notice of amendments to a county charter shall be given by mailing 16598
or otherwise distributing a copy of each proposed amendment to 16599
each elector in the county, as far as may be reasonably possible, 16600
at least thirty days prior to the election or, if the board so 16601
determines, by publishing the full text of the proposed amendments 16602
once a week for at least two consecutive weeks in a newspaper 16603
published in the county. If no newspaper is published in the 16604
county or the board is unable to obtain publication in a newspaper 16605
published in the county, the proposed amendments may be published 16606
in a newspaper of general circulation within the county, or as 16607
provided in section 7.16 of the Revised Code. No public officer is 16608
precluded, because of being a public officer, from also holding 16609
office as a member of a county charter commission, except that not 16610
more than four officeholders may be elected to a county charter 16611
commission at the same time. No member of a county charter 16612
commission, because of charter commission membership, is precluded 16613
from seeking or holding other public office.16614

       Sec. 307.79.  (A) The board of county commissioners may 16615
adopt, amend, and rescind rules establishing technically feasible 16616
and economically reasonable standards to achieve a level of 16617
management and conservation practices that will abate wind or 16618
water erosion of the soil or abate the degradation of the waters 16619
of the state by soil sediment in conjunction with land grading, 16620
excavating, filling, or other soil disturbing activities on land 16621
used or being developed for nonfarm commercial, industrial, 16622
residential, or other nonfarm purposes, and establish criteria for 16623
determination of the acceptability of those management and 16624
conservation practices. The rules shall be designed to implement 16625
the applicable areawide waste treatment management plan prepared 16626
under section 208 of the "Federal Water Pollution Control Act," 86 16627
Stat. 816 (1972), 33 U.S.C.A. 1228, as amended, and to implement 16628
phase II of the storm water program of the national pollutant 16629
discharge elimination system established in 40 C.F.R. Part 122. 16630
The rules to implement phase II of the storm water program of the 16631
national pollutant discharge elimination system shall not be 16632
inconsistent with, more stringent than, or broader in scope than 16633
the rules or regulations adopted by the environmental protection 16634
agency under 40 C.F.R. Part 122. The rules adopted under this 16635
section shall not apply inside the limits of municipal 16636
corporations or the limits of townships with a limited home rule 16637
government that have adopted rules under section 504.21 of the 16638
Revised Code, to lands being used in a strip mine operation as 16639
defined in section 1513.01 of the Revised Code, or to land being 16640
used in a surface mine operation as defined in section 1514.01 of 16641
the Revised Code.16642

       The rules adopted under this section may require persons to 16643
file plans governing erosion control, sediment control, and water 16644
management before clearing, grading, excavating, filling, or 16645
otherwise wholly or partially disturbing one or more contiguous 16646
acres of land owned by one person or operated as one development 16647
unit for the construction of nonfarm buildings, structures, 16648
utilities, recreational areas, or other similar nonfarm uses. If 16649
the rules require plans to be filed, the rules shall do all of the 16650
following:16651

       (1) Designate the board itself, its employees, or another 16652
agency or official to review and approve or disapprove the plans;16653

       (2) Establish procedures and criteria for the review and 16654
approval or disapproval of the plans;16655

        (3) Require the designated entity to issue a permit to a 16656
person for the clearing, grading, excavating, filling, or other 16657
project for which plans are approved and to deny a permit to a 16658
person whose plans have been disapproved;16659

        (4) Establish procedures for the issuance of the permits;16660

        (5) Establish procedures under which a person may appeal the 16661
denial of a permit.16662

       Areas of less than one contiguous acre shall not be exempt 16663
from compliance with other provisions of this section or rules 16664
adopted under this section. The rules adopted under this section 16665
may impose reasonable filing fees for plan review, permit 16666
processing, and field inspections.16667

       No permit or plan shall be required for a public highway, 16668
transportation, or drainage improvement or maintenance project 16669
undertaken by a government agency or political subdivision in 16670
accordance with a statement of its standard sediment control 16671
policies that is approved by the board or the chief of the 16672
division of soil and water resources in the department of natural 16673
resources.16674

       (B) Rules or amendments may be adopted under this section 16675
only after public hearings at not fewer than two regular sessions 16676
of the board. The board of county commissioners shall cause to be 16677
published, in a newspaper of general circulation in the county, 16678
notice of the public hearings, including time, date, and place, 16679
once a week for two weeks immediately preceding the hearings, or 16680
as provided in section 7.16 of the Revised Code. The proposed 16681
rules or amendments shall be made available by the board to the 16682
public at the board office or other location indicated in the 16683
notice. The rules or amendments shall take effect on the 16684
thirty-first day following the date of their adoption.16685

       (C) The board of county commissioners may employ personnel to 16686
assist in the administration of this section and the rules adopted 16687
under it. The board also, if the action does not conflict with the 16688
rules, may delegate duties to review sediment control and water 16689
management plans to its employees, and may enter into agreements 16690
with one or more political subdivisions, other county officials, 16691
or other government agencies, in any combination, in order to 16692
obtain reviews and comments on plans governing erosion control, 16693
sediment control, and water management or to obtain other services 16694
for the administration of the rules adopted under this section.16695

       (D) The board of county commissioners or any duly authorized 16696
representative of the board may, upon identification to the owner 16697
or person in charge, enter any land upon obtaining agreement with 16698
the owner, tenant, or manager of the land in order to determine 16699
whether there is compliance with the rules adopted under this 16700
section. If the board or its duly authorized representative is 16701
unable to obtain such an agreement, the board or representative 16702
may apply for, and a judge of the court of common pleas for the 16703
county where the land is located may issue, an appropriate 16704
inspection warrant as necessary to achieve the purposes of this 16705
chapter.16706

       (E)(1) If the board of county commissioners or its duly 16707
authorized representative determines that a violation of the rules 16708
adopted under this section exists, the board or representative may 16709
issue an immediate stop work order if the violator failed to 16710
obtain any federal, state, or local permit necessary for sediment 16711
and erosion control, earth movement, clearing, or cut and fill 16712
activity. In addition, if the board or representative determines 16713
such a rule violation exists, regardless of whether or not the 16714
violator has obtained the proper permits, the board or 16715
representative may authorize the issuance of a notice of 16716
violation. If, after a period of not less than thirty days has 16717
elapsed following the issuance of the notice of violation, the 16718
violation continues, the board or its duly authorized 16719
representative shall issue a second notice of violation. Except as 16720
provided in division (E)(3) of this section, if, after a period of 16721
not less than fifteen days has elapsed following the issuance of 16722
the second notice of violation, the violation continues, the board 16723
or its duly authorized representative may issue a stop work order 16724
after first obtaining the written approval of the prosecuting 16725
attorney of the county if, in the opinion of the prosecuting 16726
attorney, the violation is egregious.16727

       Once a stop work order is issued, the board or its duly 16728
authorize representative shall request, in writing, the 16729
prosecuting attorney of the county to seek an injunction or other 16730
appropriate relief in the court of common pleas to abate excessive 16731
erosion or sedimentation and secure compliance with the rules 16732
adopted under this section. If the prosecuting attorney seeks an 16733
injunction or other appropriate relief, then, in granting relief, 16734
the court of common pleas may order the construction of sediment 16735
control improvements or implementation of other control measures 16736
and may assess a civil fine of not less than one hundred or more 16737
than five hundred dollars. Each day of violation of a rule or stop 16738
work order issued under this section shall be considered a 16739
separate violation subject to a civil fine.16740

       (2) The person to whom a stop work order is issued under this 16741
section may appeal the order to the court of common pleas of the 16742
county in which it was issued, seeking any equitable or other 16743
appropriate relief from that order.16744

       (3) No stop work order shall be issued under this section 16745
against any public highway, transportation, or drainage 16746
improvement or maintenance project undertaken by a government 16747
agency or political subdivision in accordance with a statement of 16748
its standard sediment control policies that is approved by the 16749
board or the chief of the division of soil and water resources in 16750
the department of natural resources.16751

       (F) No person shall violate any rule adopted or order issued 16752
under this section. Notwithstanding division (E) of this section, 16753
if the board of county commissioners determines that a violation 16754
of any rule adopted or administrative order issued under this 16755
section exists, the board may request, in writing, the prosecuting 16756
attorney of the county to seek an injunction or other appropriate 16757
relief in the court of common pleas to abate excessive erosion or 16758
sedimentation and secure compliance with the rules or order. In 16759
granting relief, the court of common pleas may order the 16760
construction of sediment control improvements or implementation of 16761
other control measures and may assess a civil fine of not less 16762
than one hundred or more than five hundred dollars. Each day of 16763
violation of a rule adopted or administrative order issued under 16764
this section shall be considered a separate violation subject to a 16765
civil fine.16766

       Sec. 307.791.  The question of repeal of a county sediment 16767
control rule adopted under section 307.79 of the Revised Code may 16768
be initiated by filing with the board of elections of the county 16769
not less than ninety days before the general or primary election 16770
in any year a petition requesting that an election be held on such 16771
question. Such petition shall be signed by qualified electors 16772
residing in the county equal in number to ten per cent of those 16773
voting for governor at the most recent gubernatorial election in 16774
the county.16775

       After determination by it that such petition is valid, the 16776
board of elections shall submit the question to the electors of 16777
the county at the next general or primary election. The election 16778
shall be conducted, canvassed, and certified in the same manner as 16779
regular elections for county offices in the county. Notice of the 16780
election shall be published in a newspaper of general circulation 16781
in the county once a week for two consecutive weeks prior to the 16782
election and, ifor as provided in section 7.16 of the Revised 16783
Code. If the board of elections operates and maintains a web site, 16784
notice of the election also shall be posted on that web site for 16785
thirty days prior to the election. The notice shall state the 16786
purpose, time, and place of the election and the complete texta 16787
succinct summary of each rule sought to be repealed. The form of 16788
the ballot cast at such election shall be prescribed by the 16789
secretary of state. The question covered by such petition shall be 16790
submitted as a separate proposition, but it may be printed on the 16791
same ballot with any other proposition submitted at the same 16792
election other than the election of officers. If a majority of the 16793
qualified electors voting on the question of repeal approve the 16794
repeal, the result of the election shall be certified immediately 16795
after the canvass by the board of elections to the board of county 16796
commissioners, who shall thereupon rescind the rule.16797

       Sec. 307.81.  (A) Where lands have been dedicated to or for 16798
the use of the public for parks or park lands, and where such 16799
lands have remained unimproved and unused by the public and there 16800
appears to be little or no possibility that such lands will be 16801
improved and used by the public, the board of county commissioners 16802
of the county in which the lands are located may, by resolution, 16803
declare such parks or park lands vacated upon the petition of a 16804
majority of the abutting freeholders. No such parks or park lands 16805
shall be vacated unless notice of the pendency and prayer of the 16806
petition is given in a newspaper of general circulation in the 16807
county in which such lands are situated for three consecutive 16808
weeks preceding action on such petition or as provided in section 16809
7.16 of the Revised Code. No such lands shall be vacated prior to 16810
a public hearing had thereon.16811

       (B) Before the board of county commissioners may act on a 16812
petition to vacate unimproved and unused parks or park lands under 16813
division (A) of this section, the board shall offer such parks or 16814
park lands to all political subdivisions described in division (C) 16815
of this section. The board shall give notice to those political 16816
subdivisions by first class mail that the parks or park lands may 16817
be declared vacated unless the board of county commissioners 16818
accepts an offer from another political subdivision to buy or 16819
lease the lands. The failure of delivery of any such notice does 16820
not invalidate any proceedings for the disposition of parks or 16821
park lands under this division. Any such political subdivision 16822
that wishes to buy or lease the parks or park lands shall make an 16823
offer for the lands to the board in writing not later than ninety 16824
days after receiving the notice. The board may reject any offer, 16825
except that if it receives an offer in which the political 16826
subdivision agrees to use the lands for park purposes and in which 16827
the board finds all of the other terms acceptable, the board shall 16828
accept that offer. No offer shall be accepted until notice of the 16829
offer is published for three consecutive weeks in a newspaper of 16830
general circulation in the county in which the lands are situated 16831
or as provided in section 7.16 of the Revised Code, and a public 16832
hearing is held. Proceeds from the sale or lease of the lands 16833
shall be placed in the general fund of the county and be disbursed 16834
as prescribed in section 307.82 of the Revised Code. Any deed 16835
conveying the lands shall be executed as provided in that section.16836

       (C) In order to receive a notice or to make an offer 16837
regarding parks or park lands under division (B) of this section, 16838
a political subdivision must meet both of the following 16839
conditions:16840

       (1) Have the authority to acquire, develop, and maintain 16841
public parks or recreation areas;16842

       (2) Contain the parks or park lands in question within its 16843
boundaries, or adjoin a political subdivision that contains those 16844
parks or park lands within its boundaries.16845

       Sec. 307.82.  Upon the vacation of parks or park lands, the 16846
board of county commissioners shall offer such lands for sale at a 16847
public auction at the courthouse of the county in which such lands 16848
are situated. No lands shall be sold until the board gives notice 16849
of intention to sell such lands. Such notice shall be published 16850
once a week for four consecutive weeks in a newspaper of general 16851
circulation in the county in which sale is to be had or as 16852
provided in section 7.16 of the Revised Code. The board shall sell 16853
such lands to the highest and best bidder, provided, the board may 16854
reject any and all bids made hereunder.16855

       When such sale is made, the auditor of the county in which 16856
sale is had and in which such lands are located, shall enter into 16857
a deed, conveying said lands to the purchaser thereof. At the time 16858
of sale, the auditor shall place the lands sold hereunder on the 16859
tax duplicate of the county at a value to be established by him16860
the auditor as in cases where hethe auditor re-enters property 16861
which has been tax exempt on the taxable list of the county.16862

       The proceeds from the sale of lands sold pursuant to this 16863
section shall be placed in the general fund of the county in which 16864
such lands are located and may be disbursed as other general fund 16865
moneys.16866

       Sec. 307.83.  When real estate which has been dedicated to or 16867
for the use of the public for parks or park lands is vacated by 16868
the board of county commissioners pursuant to division (A) of 16869
section 307.81 of the Revised Code or is to be sold or leased for 16870
nonpark use under division (B) of that section, and where 16871
reversionary interests have been set up in the event of the 16872
non-use of such lands for the dedicated purpose, such reversionary 16873
interests shall accelerate and vest in the holders thereof upon 16874
such vacation, or prior to the acceptance of an offer to buy or 16875
lease the land. Thereupon the auditor of the county shall place 16876
the lands on the tax duplicate of the county in the names of such 16877
reversioners as are known to the board of county commissioners. If 16878
the board is unable to establish the names of such reversioners, 16879
it shall fix a date on or before which claims to such real estate 16880
may be asserted and after which such real estate shall be sold or 16881
leased. The board shall give notice of such date and of the sale 16882
or lease to be held thereafter, once each week for four 16883
consecutive weeks in a newspaper of general circulation in the 16884
county wherein such lands are located or as provided in section 16885
7.16 of the Revised Code. In the event that no claims to such 16886
lands are asserted or found to be valid, the lands shall be sold 16887
pursuant to section 307.82 of the Revised Code in the case of a 16888
vacation of the lands pursuant to division (A) of section 307.81 16889
of the Revised Code, or be sold or leased pursuant to division (B) 16890
of section 307.81 of the Revised Code if an agreement with a 16891
political subdivision is entered into under that division, and the 16892
title of any holders of reversionary interests shall be 16893
extinguished.16894

       Sec. 307.86.  Anything to be purchased, leased, leased with 16895
an option or agreement to purchase, or constructed, including, but 16896
not limited to, any product, structure, construction, 16897
reconstruction, improvement, maintenance, repair, or service, 16898
except the services of an accountant, architect, attorney at law, 16899
physician, professional engineer, construction project manager, 16900
consultant, surveyor, or appraiser, by or on behalf of the county 16901
or contracting authority, as defined in section 307.92 of the 16902
Revised Code, at a cost in excess of twenty-five thousand dollars, 16903
except as otherwise provided in division (D) of section 713.23 and 16904
in sections 9.48, 125.04, 125.60 to 125.6012, 307.022, 307.041, 16905
307.861, 339.05, 340.03, 340.033, 4115.31 to 4115.35, 5119.16, 16906
5513.01, 5543.19, 5713.01, and 6137.05 of the Revised Code, shall 16907
be obtained through competitive bidding. However, competitive 16908
bidding is not required when any of the following applies:16909

       (A) The board of county commissioners, by a unanimous vote of 16910
its members, makes a determination that a real and present 16911
emergency exists, and that determination and the reasons for it 16912
are entered in the minutes of the proceedings of the board, when 16913
either of the following applies:16914

       (1) The estimated cost is less than fifty thousand dollars.16915

       (2) There is actual physical disaster to structures, radio 16916
communications equipment, or computers.16917

       For purposes of this division, "unanimous vote" means all 16918
three members of a board of county commissioners when all three 16919
members are present, or two members of the board if only two 16920
members, constituting a quorum, are present.16921

       Whenever a contract of purchase, lease, or construction is 16922
exempted from competitive bidding under division (A)(1) of this 16923
section because the estimated cost is less than fifty thousand 16924
dollars, but the estimated cost is twenty-five thousand dollars or 16925
more, the county or contracting authority shall solicit informal 16926
estimates from no fewer than three persons who could perform the 16927
contract, before awarding the contract. With regard to each such 16928
contract, the county or contracting authority shall maintain a 16929
record of such estimates, including the name of each person from 16930
whom an estimate is solicited. The county or contracting authority 16931
shall maintain the record for the longer of at least one year 16932
after the contract is awarded or the amount of time the federal 16933
government requires.16934

       (B)(1) The purchase consists of supplies or a replacement or 16935
supplemental part or parts for a product or equipment owned or 16936
leased by the county, and the only source of supply for the 16937
supplies, part, or parts is limited to a single supplier.16938

       (2) The purchase consists of services related to information 16939
technology, such as programming services, that are proprietary or 16940
limited to a single source.16941

       (C) The purchase is from the federal government, the state, 16942
another county or contracting authority of another county, or a 16943
board of education, educational service center, township, or 16944
municipal corporation.16945

       (D) The purchase is made by a county department of job and 16946
family services under section 329.04 of the Revised Code and 16947
consists of family services duties or workforce development 16948
activities or is made by a county board of developmental 16949
disabilities under section 5126.05 of the Revised Code and 16950
consists of program services, such as direct and ancillary client 16951
services, child care, case management services, residential 16952
services, and family resource services.16953

       (E) The purchase consists of criminal justice services, 16954
social services programs, family services, or workforce 16955
development activities by the board of county commissioners from 16956
nonprofit corporations or associations under programs funded by 16957
the federal government or by state grants.16958

       (F) The purchase consists of any form of an insurance policy 16959
or contract authorized to be issued under Title XXXIX of the 16960
Revised Code or any form of health care plan authorized to be 16961
issued under Chapter 1751. of the Revised Code, or any combination 16962
of such policies, contracts, plans, or services that the 16963
contracting authority is authorized to purchase, and the 16964
contracting authority does all of the following:16965

       (1) Determines that compliance with the requirements of this 16966
section would increase, rather than decrease, the cost of the 16967
purchase;16968

       (2) Requests issuers of the policies, contracts, plans, or 16969
services to submit proposals to the contracting authority, in a 16970
form prescribed by the contracting authority, setting forth the 16971
coverage and cost of the policies, contracts, plans, or services 16972
as the contracting authority desires to purchase;16973

       (3) Negotiates with the issuers for the purpose of purchasing 16974
the policies, contracts, plans, or services at the best and lowest 16975
price reasonably possible.16976

       (G) The purchase consists of computer hardware, software, or 16977
consulting services that are necessary to implement a computerized 16978
case management automation project administered by the Ohio 16979
prosecuting attorneys association and funded by a grant from the 16980
federal government.16981

       (H) Child care services are purchased for provision to county 16982
employees.16983

       (I)(1) Property, including land, buildings, and other real 16984
property, is leased for offices, storage, parking, or other 16985
purposes, and all of the following apply:16986

       (a) The contracting authority is authorized by the Revised 16987
Code to lease the property.16988

       (b) The contracting authority develops requests for proposals 16989
for leasing the property, specifying the criteria that will be 16990
considered prior to leasing the property, including the desired 16991
size and geographic location of the property.16992

       (c) The contracting authority receives responses from 16993
prospective lessors with property meeting the criteria specified 16994
in the requests for proposals by giving notice in a manner 16995
substantially similar to the procedures established for giving 16996
notice under section 307.87 of the Revised Code.16997

       (d) The contracting authority negotiates with the prospective 16998
lessors to obtain a lease at the best and lowest price reasonably 16999
possible considering the fair market value of the property and any 17000
relocation and operational costs that may be incurred during the 17001
period the lease is in effect.17002

       (2) The contracting authority may use the services of a real 17003
estate appraiser to obtain advice, consultations, or other 17004
recommendations regarding the lease of property under this 17005
division.17006

       (J) The purchase is made pursuant to section 5139.34 or 17007
sections 5139.41 to 5139.46 of the Revised Code and is of programs 17008
or services that provide case management, treatment, or prevention 17009
services to any felony or misdemeanant delinquent, unruly youth, 17010
or status offender under the supervision of the juvenile court, 17011
including, but not limited to, community residential care, day 17012
treatment, services to children in their home, or electronic 17013
monitoring.17014

       (K) The purchase is made by a public children services agency 17015
pursuant to section 307.92 or 5153.16 of the Revised Code and 17016
consists of family services, programs, or ancillary services that 17017
provide case management, prevention, or treatment services for 17018
children at risk of being or alleged to be abused, neglected, or 17019
dependent children.17020

       (L) The purchase is to obtain the services of emergency 17021
medical service organizations under a contract made by the board 17022
of county commissioners pursuant to section 307.05 of the Revised 17023
Code with a joint emergency medical services district.17024

       (M) The county contracting authority determines that the use 17025
of competitive sealed proposals would be advantageous to the 17026
county and the contracting authority complies with section 307.862 17027
of the Revised Code.17028

       Any issuer of policies, contracts, plans, or services listed 17029
in division (F) of this section and any prospective lessor under 17030
division (I) of this section may have the issuer's or prospective 17031
lessor's name and address, or the name and address of an agent, 17032
placed on a special notification list to be kept by the 17033
contracting authority, by sending the contracting authority that 17034
name and address. The contracting authority shall send notice to 17035
all persons listed on the special notification list. Notices shall 17036
state the deadline and place for submitting proposals. The 17037
contracting authority shall mail the notices at least six weeks 17038
prior to the deadline set by the contracting authority for 17039
submitting proposals. Every five years the contracting authority 17040
may review this list and remove any person from the list after 17041
mailing the person notification of that action.17042

       Any contracting authority that negotiates a contract under 17043
division (F) of this section shall request proposals and negotiate 17044
with issuers in accordance with that division at least every three 17045
years from the date of the signing of such a contract, unless the 17046
parties agree upon terms for extensions or renewals of the 17047
contract. Such extension or renewal periods shall not exceed six 17048
years from the date the initial contract is signed.17049

       Any real estate appraiser employed pursuant to division (I) 17050
of this section shall disclose any fees or compensation received 17051
from any source in connection with that employment.17052

       Sec. 308.13.  (A) The board of trustees of a regional airport 17053
authority or any officer or employee designated by such board may 17054
make any contract for the purchase of supplies or material or for 17055
labor for any work, under the supervision of the board, the cost 17056
of which shall not exceed fifteen thousand dollars. Except where 17057
the contract is for equipment, materials, or supplies available 17058
from a qualified nonprofit agency pursuant to sections 4115.31 to 17059
4115.35 of the Revised Code, when an expenditure, other than for 17060
the acquisition of real estate, the discharge of noncontractual 17061
claims, personal services, or for the product or services of 17062
public utilities, exceeds fifteen thousand dollars, such 17063
expenditure shall be made only after a notice calling for bids has 17064
been published once a week for three consecutive weeks in at least 17065
onea newspaper of general circulation within the territorial 17066
boundaries of the regional airport authority, or as provided in 17067
section 7.16 of the Revised Code. If the bid is for a contract for 17068
the construction, demolition, alteration, repair, or 17069
reconstruction of an improvement, it shall meet the requirements 17070
of section 153.54 of the Revised Code. If the bid is for any other 17071
contract authorized by this section, it shall be accompanied by a 17072
good and approved bond with ample security conditioned on the 17073
carrying out of the contract. The board may let the contract to 17074
the lowest and best bidder. Such contract shall be in writing and 17075
shall be accompanied by or shall refer to plans and specifications 17076
for the work to be done, approved by the board. The plans and 17077
specifications shall at all times be made and considered part of 17078
the contract. Said contract shall be approved by the board and 17079
signed by its chief executive officer and by the contractor, and 17080
shall be executed in duplicate.17081

       (B) Whenever a board of trustees of a regional airport 17082
authority or any officer or employee designated by the board makes 17083
a contract for the purchase of supplies or material or for labor 17084
for any work, the cost of which is greater than one thousand 17085
dollars but no more than fifteen thousand dollars, the board or 17086
designated officer or employee shall solicit informal estimates 17087
from no fewer than three potential suppliers before awarding the 17088
contract. With regard to each such contract, the board shall 17089
maintain a record of such estimates, including the name of each 17090
person from whom an estimate is solicited, for no less than one 17091
year after the contract is awarded.17092

       Sec. 317.20.  (A) When, in the opinion of the board of county 17093
commissioners, sectional indexes are needed and it so directs, in 17094
addition to the alphabetical indexes provided for in section 17095
317.18 of the Revised Code, the board may provide for making, in 17096
books prepared for that purpose, sectional indexes to the records 17097
of all real estate in the county beginning with some designated 17098
year and continuing through the period of years that the board 17099
specifies. The sectional indexes shall place under the heads of 17100
the original surveyed sections or surveys, parts of a section or 17101
survey, squares, subdivisions, permanent parcel numbers provided 17102
for under section 319.28 of the Revised Code, or lots, on the 17103
left-hand page or on the upper portion of that page of the index 17104
book, the name of the grantor, then the name of the grantee, then 17105
the number and page of the record in which the instrument is found 17106
recorded, then the character of the instrument, and then a 17107
pertinent description of the interest in property conveyed by the 17108
deed, lease, or assignment of lease and shall place under similar 17109
headings on the right-hand page or on the lower portion of that 17110
page of the index book, beginning at the bottom, all the 17111
mortgages, liens, notices provided for in sections 5301.51, 17112
5301.52, and 5301.56 of the Revised Code, or other encumbrances 17113
affecting the real estate.17114

       (B) The compensation for the services rendered under this 17115
section shall be paid from the general revenue fund of the county, 17116
and no additional levy shall be made in consequence of the 17117
services. 17118

       (C) If the board of county commissioners decides to have 17119
sectional indexes made, it shall advertise for three consecutive 17120
weeks in one newspaper of general circulation in the county or as 17121
provided in section 7.16 of the Revised Code for sealed proposals 17122
to do the work provided for in this section, shall contract with 17123
the lowest and best bidder, and shall require the successful 17124
bidder to give a bond for the faithful performance of the contract 17125
in the sum that the board fixes. The work shall be done to the 17126
acceptance of the auditor of state upon allowance by the board. 17127
The board may reject any and all bids for the work, provided that 17128
no more than five cents shall be paid for each entry of each tract 17129
or lot of land.17130

       (D) When the sectional indexes are brought up and completed, 17131
the county recorder shall maintain the indexes and comply with 17132
division (E) of this section in connection with registered land.17133

       (E)(1) As used in division (E) of this section, "housing 17134
accommodations" and "restrictive covenant" have the same meanings 17135
as in section 4112.01 of the Revised Code.17136

       (2) In connection with any transfer of registered land that 17137
occurs on and after the effective date of this amendmentMarch30, 17138
1999, in accordance with Chapters 5309. and 5310. of the Revised 17139
Code, the county recorder shall delete from the sectional indexes 17140
maintained under this section all references to any restrictive 17141
covenant that appears to apply to the transferred registered land, 17142
if any inclusion of the restrictive covenant in a transfer, 17143
rental, or lease of housing accommodations, any honoring or 17144
exercising of the restrictive covenant, or any attempt to honor or 17145
exercise the restrictive covenant constitutes an unlawful 17146
discriminatory practice under division (H)(9) of section 4112.02 17147
of the Revised Code.17148

       Sec. 319.11.  The county auditor shall, on or before ninety 17149
days after the close of the fiscal year, prepare a financial 17150
report of the county for the preceding fiscal year in such form as 17151
prescribed by the auditor of state. Upon completing the report, 17152
the county auditor shall publish notice that the report has been 17153
completed and is available for public inspection at the office of 17154
the county auditor. The notice shall be published once in two 17155
newspapersa newspaper of general circulation published in the 17156
county, except that if only one newspaper is published in the 17157
county, then publication in only one newspaper is required, and 17158
if. If there areis no newspapersnewspaper of general circulation17159
in the county, then publication is required in the newspaper of 17160
general circulation in an adjoining county that has the largest 17161
circulation in thethat adjoining county. The report shall contain 17162
at least the information required by section 117.38 of the Revised 17163
Code, and a copy shall be filed with the auditor of state.17164

       No county auditor shall fail or neglect to prepare the report 17165
or publish notice of completion of the report as required by this 17166
section.17167

       Sec. 319.301.  (A) The reductions required by division (D) of 17168
this section do not apply to any of the following:17169

       (1) Taxes levied at whatever rate is required to produce a 17170
specified amount of tax money, including a tax levied under 17171
section 5705.199 or 5705.211 of the Revised Code, or an amount to 17172
pay debt charges;17173

       (2) Taxes levied within the one per cent limitation imposed 17174
by Section 2 of Article XII, Ohio Constitution;17175

       (3) Taxes provided for by the charter of a municipal 17176
corporation.17177

       (B) As used in this section:17178

       (1) "Real property" includes real property owned by a 17179
railroad.17180

       (2) "Carryover property" means all real property on the 17181
current year's tax list except:17182

       (a) Land and improvements that were not taxed by the district 17183
in both the preceding year and the current year;17184

       (b) Land and improvements that were not in the same class in 17185
both the preceding year and the current year.17186

       (3) "Effective tax rate" means with respect to each class of 17187
property:17188

       (a) The sum of the total taxes that would have been charged 17189
and payable for current expenses against real property in that 17190
class if each of the district's taxes were reduced for the current 17191
year under division (D)(1) of this section without regard to the 17192
application of division (E)(3) of this section divided by17193

       (b) The taxable value of all real property in that class.17194

       (4) "Taxes charged and payable" means the taxes charged and 17195
payable prior to any reduction required by section 319.302 of the 17196
Revised Code.17197

       (C) The tax commissioner shall make the determinations 17198
required by this section each year, without regard to whether a 17199
taxing district has territory in a county to which section 5715.24 17200
of the Revised Code applies for that year. Separate determinations 17201
shall be made for each of the two classes established pursuant to 17202
section 5713.041 of the Revised Code.17203

       (D) With respect to each tax authorized to be levied by each 17204
taxing district, the tax commissioner, annually, shall do both of 17205
the following:17206

       (1) Determine by what percentage, if any, the sums levied by 17207
such tax against the carryover property in each class would have 17208
to be reduced for the tax to levy the same number of dollars 17209
against such property in that class in the current year as were 17210
charged against such property by such tax in the preceding year 17211
subsequent to the reduction made under this section but before the 17212
reduction made under section 319.302 of the Revised Code. In the 17213
case of a tax levied for the first time that is not a renewal of 17214
an existing tax, the commissioner shall determine by what 17215
percentage the sums that would otherwise be levied by such tax 17216
against carryover property in each class would have to be reduced 17217
to equal the amount that would have been levied if the full rate 17218
thereof had been imposed against the total taxable value of such 17219
property in the preceding tax year. A tax or portion of a tax that 17220
is designated a replacement levy under section 5705.192 of the 17221
Revised Code is not a renewal of an existing tax for purposes of 17222
this division.17223

       (2) Certify each percentage determined in division (D)(1) of 17224
this section, as adjusted under division (E) of this section, and 17225
the class of property to which that percentage applies to the 17226
auditor of each county in which the district has territory. The 17227
auditor, after complying with section 319.30 of the Revised Code, 17228
shall reduce the sum to be levied by such tax against each parcel 17229
of real property in the district by the percentage so certified 17230
for its class. Certification shall be made by the first day of 17231
September except in the case of a tax levied for the first time, 17232
in which case certification shall be made within fifteen days of 17233
the date the county auditor submits the information necessary to 17234
make the required determination.17235

       (E)(1) As used in division (E)(2) of this section, "pre-1982 17236
joint vocational taxes" means, with respect to a class of 17237
property, the difference between the following amounts:17238

       (a) The taxes charged and payable in tax year 1981 against 17239
the property in that class for the current expenses of the joint 17240
vocational school district of which the school district is a part 17241
after making all reductions under this section;17242

       (b) The following percentage of the taxable value of all real 17243
property in that class:17244

       (i) In 1987, five one-hundredths of one per cent;17245

       (ii) In 1988, one-tenth of one per cent;17246

       (iii) In 1989, fifteen one-hundredths of one per cent;17247

       (iv) In 1990 and each subsequent year, two-tenths of one per 17248
cent.17249

       If the amount in division (E)(1)(b) of this section exceeds 17250
the amount in division (E)(1)(a) of this section, the pre-1982 17251
joint vocational taxes shall be zero.17252

       As used in divisions (E)(2) and (3) of this section, "taxes 17253
charged and payable" has the same meaning as in division (B)(4) of 17254
this section and excludes any tax charged and payable in 1985 or 17255
thereafter under sections 5705.194 to 5705.197 or section 17256
5705.199, 5705.213, or 5705.219 of the Revised Code.17257

       (2) If in the case of a school district other than a joint 17258
vocational or cooperative education school district any percentage 17259
required to be used in division (D)(2) of this section for either 17260
class of property could cause the total taxes charged and payable 17261
for current expenses to be less than two per cent of the taxable 17262
value of all real property in that class that is subject to 17263
taxation by the district, the commissioner shall determine what 17264
percentages would cause the district's total taxes charged and 17265
payable for current expenses against that class, after all 17266
reductions that would otherwise be made under this section, to 17267
equal, when combined with the pre-1982 joint vocational taxes 17268
against that class, the lesser of the following:17269

       (a) The sum of the rates at which those taxes are authorized 17270
to be levied;17271

       (b) Two per cent of the taxable value of the property in that 17272
class. The auditor shall use such percentages in making the 17273
reduction required by this section for that class.17274

       (3)(a) If in the case of a joint vocational school district 17275
any percentage required to be used in division (D)(2) of this 17276
section for either class of property could cause the total taxes 17277
charged and payable for current expenses for that class to be less 17278
than the designated amount, the commissioner shall determine what 17279
percentages would cause the district's total taxes charged and 17280
payable for current expenses for that class, after all reductions 17281
that would otherwise be made under this section, to equal the 17282
designated amount. The auditor shall use such percentages in 17283
making the reductions required by this section for that class.17284

       (b) As used in division (E)(3)(a) of this section, the 17285
designated amount shall equal the taxable value of all real 17286
property in the class that is subject to taxation by the district 17287
times the lesser of the following:17288

       (i) Two-tenths of one per cent;17289

       (ii) The district's effective rate plus the following 17290
percentage for the year indicated:17291

WHEN COMPUTING THE ADD THE FOLLOWING 17292
TAXES CHARGED FOR PERCENTAGE: 17293
1987 0.025% 17294
1988 0.05% 17295
1989 0.075% 17296
1990 0.1% 17297
1991 0.125% 17298
1992 0.15% 17299
1993 0.175% 17300
1994 and thereafter 0.2% 17301

       (F) No reduction shall be made under this section in the rate 17302
at which any tax is levied.17303

       (G) The commissioner may order a county auditor to furnish 17304
any information the commissioner needs to make the determinations 17305
required under division (D) or (E) of this section, and the 17306
auditor shall supply the information in the form and by the date 17307
specified in the order. If the auditor fails to comply with an 17308
order issued under this division, except for good cause as 17309
determined by the commissioner, the commissioner shall withhold 17310
from such county or taxing district therein fifty per cent of 17311
state revenues to local governments pursuant to section 5747.50 of 17312
the Revised Code or shall direct the department of education to 17313
withhold therefrom fifty per cent of state revenues to school 17314
districts pursuant to Chapters 3306. andChapter 3317. of the 17315
Revised Code. The commissioner shall withhold the distribution of 17316
such revenues until the county auditor has complied with this 17317
division, and the department shall withhold the distribution of 17318
such revenues until the commissioner has notified the department 17319
that the county auditor has complied with this division.17320

       (H) If the commissioner is unable to certify a tax reduction 17321
factor for either class of property in a taxing district located 17322
in more than one county by the last day of November because 17323
information required under division (G) of this section is 17324
unavailable, the commissioner may compute and certify an estimated 17325
tax reduction factor for that district for that class. The 17326
estimated factor shall be based upon an estimate of the 17327
unavailable information. Upon receipt of the actual information 17328
for a taxing district that received an estimated tax reduction 17329
factor, the commissioner shall compute the actual tax reduction 17330
factor and use that factor to compute the taxes that should have 17331
been charged and payable against each parcel of property for the 17332
year for which the estimated reduction factor was used. The amount 17333
by which the estimated factor resulted in an overpayment or 17334
underpayment in taxes on any parcel shall be added to or 17335
subtracted from the amount due on that parcel in the ensuing tax 17336
year.17337

       A percentage or a tax reduction factor determined or computed 17338
by the commissioner under this section shall be used solely for 17339
the purpose of reducing the sums to be levied by the tax to which 17340
it applies for the year for which it was determined or computed. 17341
It shall not be used in making any tax computations for any 17342
ensuing tax year.17343

       (I) In making the determinations under division (D)(1) of 17344
this section, the tax commissioner shall take account of changes 17345
in the taxable value of carryover property resulting from 17346
complaints filed under section 5715.19 of the Revised Code for 17347
determinations made for the tax year in which such changes are 17348
reported to the commissioner. Such changes shall be reported to 17349
the commissioner on the first abstract of real property filed with 17350
the commissioner under section 5715.23 of the Revised Code 17351
following the date on which the complaint is finally determined by 17352
the board of revision or by a court or other authority with 17353
jurisdiction on appeal. The tax commissioner shall account for 17354
such changes in making the determinations only for the tax year in 17355
which the change in valuation is reported. Such a valuation change 17356
shall not be used to recompute the percentages determined under 17357
division (D)(1) of this section for any prior tax year.17358

       Sec. 319.54.  (A) On all moneys collected by the county 17359
treasurer on any tax duplicate of the county, other than estate 17360
tax duplicates, and on all moneys received as advance payments of 17361
personal property and classified property taxes, the county 17362
auditor, on settlement with the treasurer and tax commissioner, on 17363
or before the date prescribed by law for such settlement or any 17364
lawful extension of such date, shall be allowed as compensation 17365
for the county auditor's services the following percentages:17366

       (1) On the first one hundred thousand dollars, two and 17367
one-half per cent;17368

       (2) On the next two million dollars, eight thousand three 17369
hundred eighteen ten-thousandths of one per cent;17370

       (3) On the next two million dollars, six thousand six hundred 17371
fifty-five ten-thousandths of one per cent;17372

       (4) On all further sums, one thousand six hundred sixty-three 17373
ten-thousandths of one per cent.17374

       If any settlement is not made on or before the date 17375
prescribed by law for such settlement or any lawful extension of 17376
such date, the aggregate compensation allowed to the auditor shall 17377
be reduced one per cent for each day such settlement is delayed 17378
after the prescribed date. No penalty shall apply if the auditor 17379
and treasurer grant all requests for advances up to ninety per 17380
cent of the settlement pursuant to section 321.34 of the Revised 17381
Code. The compensation allowed in accordance with this section on 17382
settlements made before the dates prescribed by law, or the 17383
reduced compensation allowed in accordance with this section on 17384
settlements made after the date prescribed by law or any lawful 17385
extension of such date, shall be apportioned ratably by the 17386
auditor and deducted from the shares or portions of the revenue 17387
payable to the state as well as to the county, townships, 17388
municipal corporations, and school districts.17389

       (B) For the purpose of reimbursing county auditors for the 17390
expenses associated with the increased number of applications for 17391
reductions in real property taxes under sections 323.152 and 17392
4503.065 of the Revised Code that result from the amendment of 17393
those sections by Am. Sub. H.B. 119 of the 127th general assembly, 17394
there shall be paid from the state's general revenue fund to the 17395
county treasury, to the credit of the real estate assessment fund 17396
created by section 325.31 of the Revised Code, an amount equal to 17397
one per cent of the total annual amount of property tax relief 17398
reimbursement paid to that county under sections 323.156 and 17399
4503.068 of the Revised Code for the preceding tax year. Payments 17400
made under this division shall be made at the same times and in 17401
the same manner as payments made under section 323.156 of the 17402
Revised Code.17403

        (C) From all moneys collected by the county treasurer on any 17404
tax duplicate of the county, other than estate tax duplicates, and 17405
on all moneys received as advance payments of personal property 17406
and classified property taxes, there shall be paid into the county 17407
treasury to the credit of the real estate assessment fund created 17408
by section 325.31 of the Revised Code, an amount to be determined 17409
by the county auditor, which shall not exceed the percentages 17410
prescribed in divisions (C)(1) and (2) of this section.17411

       (1) For payments made after June 30, 2007, and before 2011, 17412
the following percentages:17413

       (a) On the first five hundred thousand dollars, four per 17414
cent;17415

       (b) On the next five million dollars, two per cent;17416

       (c) On the next five million dollars, one per cent;17417

       (d) On all further sums not exceeding one hundred fifty 17418
million dollars, three-quarters of one per cent;17419

       (e) On amounts exceeding one hundred fifty million dollars, 17420
five hundred eighty-five thousandths of one per cent.17421

        (2) For payments made in or after 2011, the following 17422
percentages:17423

        (a) On the first five hundred thousand dollars, four per 17424
cent;17425

        (b) On the next ten million dollars, two per cent;17426

        (c) On amounts exceeding ten million five hundred thousand 17427
dollars, three-fourths of one per cent.17428

       Such compensation shall be apportioned ratably by the auditor 17429
and deducted from the shares or portions of the revenue payable to 17430
the state as well as to the county, townships, municipal 17431
corporations, and school districts.17432

       (D) Each county auditor shall receive four per cent of the 17433
amount of tax collected and paid into the county treasury, on 17434
property omitted and placed by the county auditor on the tax 17435
duplicate.17436

       (E) On all estate tax moneys collected by the county 17437
treasurer, the county auditor, on settlement semiannually with the 17438
tax commissioner, shall be allowed, as compensation for the 17439
auditor's services under Chapter 5731. of the Revised Code, the 17440
following percentages:17441

       (1) Four per cent on the first one hundred thousand dollars;17442

       (2) One-half of one per cent on all additional sums.17443

       Such percentages shall be computed upon the amount collected 17444
and reported at each semiannual settlement, and shall be for the 17445
use of the general fund of the county.17446

       (F) On all cigarette license moneys collected by the county 17447
treasurer, the county auditor, on settlement semiannually with the 17448
treasurer, shall be allowed as compensation for the auditor's 17449
services in the issuing of such licenses one-half of one per cent 17450
of such moneys, to be apportioned ratably and deducted from the 17451
shares of the revenue payable to the county and subdivisions, for 17452
the use of the general fund of the county.17453

       (G) The county auditor shall charge and receive fees as 17454
follows:17455

       (1) For deeds of land sold for taxes to be paid by the 17456
purchaser, five dollars;17457

       (2) For the transfer or entry of land, lot, or part of lot, 17458
or the transfer or entry on or after January 1, 2000, of a used 17459
manufactured home or mobile home as defined in section 5739.0210 17460
of the Revised Code, fifty cents for each transfer or entry, to be 17461
paid by the person requiring it;17462

       (3) For receiving statements of value and administering 17463
section 319.202 of the Revised Code, one dollar, or ten cents for 17464
each one hundred dollars or fraction of one hundred dollars, 17465
whichever is greater, of the value of the real property 17466
transferred or, for sales occurring on or after January 1, 2000, 17467
the value of the used manufactured home or used mobile home, as 17468
defined in section 5739.0210 of the Revised Code, transferred, 17469
except no fee shall be charged when the transfer is made:17470

       (a) To or from the United States, this state, or any 17471
instrumentality, agency, or political subdivision of the United 17472
States or this state;17473

       (b) Solely in order to provide or release security for a debt 17474
or obligation;17475

       (c) To confirm or correct a deed previously executed and 17476
recorded or when a current owner on any record made available to 17477
the general public on the internet or a publicly accessible 17478
database and the general tax list of real and public utility 17479
property and the general duplicate of real and public utility 17480
property is a peace officer, parole officer, prosecuting attorney, 17481
assistant prosecuting attorney, correctional employee, youth 17482
services employee, firefighter, EMT, or investigator of the bureau 17483
of criminal identification and investigation and is changing the 17484
current owner name listed on any record made available to the 17485
general public on the internet or a publicly accessible database 17486
and the general tax list of real and public utility property and 17487
the general duplicate of real and public utility property to the 17488
initials of the current owner as prescribed in division (B)(1) of 17489
section 319.28 of the Revised Code;17490

       (d) To evidence a gift, in trust or otherwise and whether 17491
revocable or irrevocable, between husband and wife, or parent and 17492
child or the spouse of either;17493

       (e) On sale for delinquent taxes or assessments;17494

       (f) Pursuant to court order, to the extent that such transfer 17495
is not the result of a sale effected or completed pursuant to such 17496
order;17497

       (g) Pursuant to a reorganization of corporations or 17498
unincorporated associations or pursuant to the dissolution of a 17499
corporation, to the extent that the corporation conveys the 17500
property to a stockholder as a distribution in kind of the 17501
corporation's assets in exchange for the stockholder's shares in 17502
the dissolved corporation;17503

       (h) By a subsidiary corporation to its parent corporation for 17504
no consideration, nominal consideration, or in sole consideration 17505
of the cancellation or surrender of the subsidiary's stock;17506

       (i) By lease, whether or not it extends to mineral or mineral 17507
rights, unless the lease is for a term of years renewable forever;17508

       (j) When the value of the real property or the manufactured 17509
or mobile home or the value of the interest that is conveyed does 17510
not exceed one hundred dollars;17511

       (k) Of an occupied residential property, including a 17512
manufactured or mobile home, being transferred to the builder of a 17513
new residence or to the dealer of a new manufactured or mobile 17514
home when the former residence is traded as part of the 17515
consideration for the new residence or new manufactured or mobile 17516
home;17517

       (l) To a grantee other than a dealer in real property or in 17518
manufactured or mobile homes, solely for the purpose of, and as a 17519
step in, the prompt sale of the real property or manufactured or 17520
mobile home to others;17521

       (m) To or from a person when no money or other valuable and 17522
tangible consideration readily convertible into money is paid or 17523
to be paid for the real estate or manufactured or mobile home and 17524
the transaction is not a gift;17525

       (n) Pursuant to division (B) of section 317.22 of the Revised 17526
Code, or section 2113.61 of the Revised Code, between spouses or 17527
to a surviving spouse pursuant to section 5302.17 of the Revised 17528
Code as it existed prior to April 4, 1985, between persons 17529
pursuant to section 5302.17 or 5302.18 of the Revised Code on or 17530
after April 4, 1985, to a person who is a surviving, survivorship 17531
tenant pursuant to section 5302.17 of the Revised Code on or after 17532
April 4, 1985, or pursuant to section 5309.45 of the Revised Code;17533

       (o) To a trustee acting on behalf of minor children of the 17534
deceased;17535

       (p) Of an easement or right-of-way when the value of the 17536
interest conveyed does not exceed one thousand dollars;17537

       (q) Of property sold to a surviving spouse pursuant to 17538
section 2106.16 of the Revised Code;17539

       (r) To or from an organization exempt from federal income 17540
taxation under section 501(c)(3) of the "Internal Revenue Code of 17541
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such 17542
transfer is without consideration and is in furtherance of the 17543
charitable or public purposes of such organization;17544

       (s) Among the heirs at law or devisees, including a surviving 17545
spouse, of a common decedent, when no consideration in money is 17546
paid or to be paid for the real property or manufactured or mobile 17547
home;17548

       (t) To a trustee of a trust, when the grantor of the trust 17549
has reserved an unlimited power to revoke the trust;17550

       (u) To the grantor of a trust by a trustee of the trust, when 17551
the transfer is made to the grantor pursuant to the exercise of 17552
the grantor's power to revoke the trust or to withdraw trust 17553
assets;17554

       (v) To the beneficiaries of a trust if the fee was paid on 17555
the transfer from the grantor of the trust to the trustee or if 17556
the transfer is made pursuant to trust provisions which became 17557
irrevocable at the death of the grantor;17558

       (w) To a corporation for incorporation into a sports facility 17559
constructed pursuant to section 307.696 of the Revised Code;17560

       (x) Between persons pursuant to section 5302.18 of the 17561
Revised Code;17562

       (y) From a county land reutilization corporation organized 17563
under Chapter 1724. of the Revised Code to a third party. 17564

       (4) For the cost of publishing the delinquent manufactured 17565
home tax list, the delinquent tax list, and the delinquent vacant 17566
land tax list, a flat fee, as determined by the county auditor, to 17567
be charged to the owner of a home on the delinquent manufactured 17568
home tax list or the property owner of land on the delinquent tax 17569
list or the delinquent vacant land tax list.17570

       The auditor shall compute and collect the fee. The auditor 17571
shall maintain a numbered receipt system, as prescribed by the tax 17572
commissioner, and use such receipt system to provide a receipt to 17573
each person paying a fee. The auditor shall deposit the receipts 17574
of the fees on conveyances in the county treasury daily to the 17575
credit of the general fund of the county, except that fees charged 17576
and received under division (G)(3) of this section for a transfer 17577
of real property to a county land reutilization corporation shall 17578
be credited to the county land reutilization corporation fund 17579
established under section 321.263 of the Revised Code.17580

       The real property transfer fee provided for in division 17581
(G)(3) of this section shall be applicable to any conveyance of 17582
real property presented to the auditor on or after January 1, 17583
1968, regardless of its time of execution or delivery.17584

       The transfer fee for a used manufactured home or used mobile 17585
home shall be computed by and paid to the county auditor of the 17586
county in which the home is located immediately prior to the 17587
transfer.17588

       Sec. 321.18.  As soon as sufficient funds are in the county 17589
treasury to redeem the warrants drawn on the treasury, and on 17590
which interest is accruing, the county treasurer shall give notice 17591
in a newspaper published in and circulatingof general circulation17592
in histhe county that hethe treasurer is ready to redeem such 17593
warrants, and from the date of the notice the interest on such 17594
warrants shall cease.17595

       Sec. 322.02.  (A) For the purpose of paying the costs of 17596
enforcing and administering the tax and providing additional 17597
general revenue for the county, any county may levy and collect a 17598
tax to be known as the real property transfer tax on each deed 17599
conveying real property or any interest in real property located 17600
wholly or partially within the boundaries of the county at a rate 17601
not to exceed thirty cents per hundred dollars for each one 17602
hundred dollars or fraction thereof of the value of the real 17603
property or interest in real property located within the 17604
boundaries of the county granted, assigned, transferred, or 17605
otherwise conveyed by the deed. The tax shall be levied pursuant 17606
to a resolution adopted by the board of county commissioners of 17607
the county and, except as provided in division (A) of section 17608
322.07 of the Revised Code, shall be levied at a uniform rate upon 17609
all deeds as defined in division (D) of section 322.01 of the 17610
Revised Code. Prior to the adoption of any such resolution, the 17611
board of county commissioners shall conduct two public hearings 17612
thereon, the second hearing to be not less than three nor more 17613
than ten days after the first. Notice of the date, time, and place 17614
of the hearings shall be given by publication in a newspaper of 17615
general circulation in the county once a week on the same day of 17616
the week for two consecutive weeks, theor as provided in section 17617
7.16 of the Revised Code. The second publication beingshall be17618
not less than ten nor more than thirty days prior to the first 17619
hearing. The tax shall be levied upon the grantor named in the 17620
deed and shall be paid by the grantor for the use of the county to 17621
the county auditor at the time of the delivery of the deed as 17622
provided in section 319.202 of the Revised Code and prior to the 17623
presentation of the deed to the recorder of the county for 17624
recording.17625

       (B) No resolution levying a real property transfer tax 17626
pursuant to this section or a manufactured home transfer tax 17627
pursuant to section 322.06 of the Revised Code shall be effective 17628
sooner than thirty days following its adoption. Such a resolution 17629
is subject to a referendum as provided in sections 305.31 to 17630
305.41 of the Revised Code, unless the resolution is adopted as an 17631
emergency measure necessary for the immediate preservation of the 17632
public peace, health, or safety, in which case it shall go into 17633
immediate effect. An emergency measure must receive an affirmative 17634
vote of all of the members of the board of commissioners, and 17635
shall state the reasons for the necessity. A resolution may direct 17636
the board of elections to submit the question of levying the tax 17637
to the electors of the county at the next primary or general 17638
election in the county occurring not less than ninety days after 17639
the resolution is certified to the board. No such resolution shall 17640
go into effect unless approved by a majority of those voting upon 17641
it.17642

       Sec. 322.021.  The question of a repeal of a county 17643
permissive tax adopted as an emergency measure pursuant to 17644
division (B) of section 322.02 of the Revised Code may be 17645
initiated by filing with the board of elections of the county not 17646
less than ninety days before the general election in any year a 17647
petition requesting that an election be held on such question. 17648
Such petition shall be signed by qualified electors residing in 17649
the county equal in number to ten per cent of those voting for 17650
governor at the most recent gubernatorial election.17651

       After determination by it that such petition is valid, the 17652
board of elections shall submit the question to the electors of 17653
the county at the next general election. The election shall be 17654
conducted, canvassed, and certified in the same manner as regular 17655
elections for county offices in the county. Notice of the election 17656
shall be published in a newspaper of general circulation in the 17657
district once a week for two consecutive weeks prior to the 17658
election and, ifor as provided in section 7.16 of the Revised 17659
Code. If the board of elections operates and maintains a web site, 17660
notice of the election also shall be posted on that web site for 17661
thirty days prior to the election. The notice shall state the 17662
purpose, time, and place of the election. The form of the ballot 17663
cast at such election shall be prescribed by the secretary of 17664
state. The question covered by such petition shall be submitted as 17665
a separate proposition, but it may be printed on the same ballot 17666
with any other proposition submitted at the same election other 17667
than the election of officers. If a majority of the qualified 17668
electors voting on the question of repeal approve the repeal, the 17669
result of the election shall be certified immediately after the 17670
canvass by the board of elections to the board of county 17671
commissioners, who shall thereupon, after the current year, cease 17672
to levy the tax.17673

       Sec. 323.08.  After certifying the tax list and duplicate 17674
pursuant to section 319.28 of the Revised Code, the county auditor 17675
shall deliver a list of the tax rates, tax reduction factors, and 17676
effective tax rates assessed and applied against each of the two 17677
classes of property of the county to the county treasurer, who 17678
shall immediately cause a schedule of such tax rates and effective 17679
rates to be published in a newspaper of the type described in 17680
section 5721.01 of the Revised Code having general circulation in 17681
the county or, in lieu of such publication, the county treasurer 17682
may insert a copy of such schedule with each tax bill mailed. Such 17683
schedule shall specify particularly the rates and effective rates 17684
of taxation levied for all purposes on the tax list and duplicate 17685
for the support of the various taxing units within the county, 17686
expressed in dollars and cents for each one thousand dollars of 17687
valuation. The effective tax rates shall be printed in boldface 17688
type.17689

       The county treasurer shall publish notice of the date of the 17690
last date for payment of each installment of taxes once a week for 17691
two successive weeks prior to such date in two newspapersa 17692
newspaper of general circulation within the county or as provided 17693
in section 7.16 of the Revised Code. If only one such newspaper 17694
exists, the notice shall be published in it. The notice shall be 17695
inserted in a conspicuous place in eachthe newspaper and shall 17696
also contain notice that any taxes paid after such date will 17697
accrue a penalty and interest and that failure to receive a tax 17698
bill will not avoid such penalty and interest. The notice shall 17699
contain a telephone number that may be called by taxpayers who 17700
have not received tax bills.17701

       As used in this section and section 323.131 of the Revised 17702
Code, "effective tax rate" means the effective rate after making 17703
the reduction required by section 319.301, but before making the 17704
reduction required by section 319.302 of the Revised Code.17705

       Sec. 323.73.  (A) Except as provided in division (G) of this 17706
section or section 323.78 of the Revised Code, a parcel of 17707
abandoned land that is to be disposed of under this section shall 17708
be disposed of at a public auction scheduled and conducted as 17709
described in this section. At least twenty-one days prior to the 17710
date of the public auction, the clerk of court or sheriff of the 17711
county shall advertise the public auction in a newspaper of 17712
general circulation that meets the requirements of section 7.12 of 17713
the Revised Code in the county in which the land is located. The 17714
advertisement shall include the date, time, and place of the 17715
auction, the permanent parcel number of the land if a permanent 17716
parcel number system is in effect in the county as provided in 17717
section 319.28 of the Revised Code or, if a permanent parcel 17718
number system is not in effect, any other means of identifying the 17719
parcel, and a notice stating that the abandoned land is to be sold 17720
subject to the terms of sections 323.65 to 323.79 of the Revised 17721
Code.17722

       (B) The sheriff of the county or a designee of the sheriff 17723
shall conduct the public auction at which the abandoned land will 17724
be offered for sale. To qualify as a bidder, a person shall file 17725
with the sheriff on a form provided by the sheriff a written 17726
acknowledgment that the abandoned land being offered for sale is 17727
to be conveyed in fee simple to the successful bidder. At the 17728
auction, the sheriff of the county or a designee of the sheriff 17729
shall begin the bidding at an amount equal to the total of the 17730
impositions against the abandoned land, plus the costs apportioned 17731
to the land under section 323.75 of the Revised Code. The 17732
abandoned land shall be sold to the highest bidder. The county 17733
sheriff or designee may reject any and all bids not meeting the 17734
minimum bid requirements specified in this division.17735

       (C) Except as otherwise permitted under section 323.74 of the 17736
Revised Code, the successful bidder at a public auction conducted 17737
under this section shall pay the sheriff of the county or a 17738
designee of the sheriff a deposit of at least ten per cent of the 17739
purchase price in cash, or by bank draft or official bank check, 17740
at the time of the public auction, and shall pay the balance of 17741
the purchase price within thirty days after the day on which the 17742
auction was held. Notwithstanding section 321.261 of the Revised 17743
Code, with respect to any proceedings initiated pursuant to 17744
sections 323.65 to 323.79 of the Revised Code, from the total 17745
proceeds arising from the sale, transfer, or redemption of 17746
abandoned land, twenty per cent of such proceeds shall be 17747
deposited to the credit of the delinquent tax and assessment 17748
collection fund to reimburse the fund for costs paid from the fund 17749
for the transfer, redemption, or sale of abandoned land at public 17750
auction. Not more than one-half of the twenty per cent may be used 17751
by the treasurer for community development, nuisance abatement, 17752
foreclosure prevention, demolition, and related services or 17753
distributed by the treasurer to a land reutilization corporation. 17754
The balance of the proceeds, if any, shall be distributed to the 17755
appropriate political subdivisions and other taxing units in 17756
proportion to their respective claims for taxes, assessments, 17757
interest, and penalties on the land. Upon the sale of foreclosed 17758
lands, the clerk of court shall hold any surplus proceeds in 17759
excess of the impositions until the clerk receives an order of 17760
priority and amount of distribution of the surplus that are 17761
adjudicated by a court of competent jurisdiction or receives a 17762
certified copy of an agreement between the parties entitled to a 17763
share of the surplus providing for the priority and distribution 17764
of the surplus. Any party to the action claiming a right to 17765
distribution of surplus shall have a separate cause of action in 17766
the county or municipal court of the jurisdiction in which the 17767
land reposes, provided the board confirms the transfer or 17768
regularity of the sale. Any dispute over the distribution of the 17769
surplus shall not affect or revive the equity of redemption after 17770
the board confirms the transfer or sale.17771

       (D) Upon the sale or transfer of abandoned land pursuant to 17772
this section, the owner's fee simple interest in the land shall be 17773
conveyed to the purchaser. A conveyance under this division is 17774
free and clear of any liens and encumbrances of the parties named 17775
in the complaint for foreclosure attaching before the sale or 17776
transfer, and free and clear of any liens for taxes, except for 17777
federal tax liens and covenants and easements of record attaching 17778
before the sale.17779

       (E) The county board of revision shall reject the sale of 17780
abandoned land to any person if it is shown by a preponderance of 17781
the evidence that the person is delinquent in the payment of taxes 17782
levied by or pursuant to Chapter 307., 322., 324., 5737., 5739., 17783
5741., or 5743. of the Revised Code or any real property taxing 17784
provision of the Revised Code. The board also shall reject the 17785
sale of abandoned land to any person if it is shown by a 17786
preponderance of the evidence that the person is delinquent in the 17787
payment of property taxes on any parcel in the county, or to a 17788
member of any of the following classes of parties connected to 17789
that person:17790

       (1) A member of that person's immediate family;17791

       (2) Any other person with a power of attorney appointed by 17792
that person;17793

       (3) A sole proprietorship owned by that person or a member of 17794
that person's immediate family;17795

       (4) A partnership, trust, business trust, corporation, 17796
association, or other entity in which that person or a member of 17797
that person's immediate family owns or controls directly or 17798
indirectly any beneficial or legal interest.17799

       (F) If the purchase of abandoned land sold pursuant to this 17800
section or section 323.74 of the Revised Code is for less than the 17801
sum of the impositions against the abandoned land and the costs 17802
apportioned to the land under division (A) of section 323.75 of 17803
the Revised Code, then, upon the sale or transfer, all liens for 17804
taxes due at the time the deed of the property is conveyed to the 17805
purchaser following the sale or transfer, and liens subordinate to 17806
liens for taxes, shall be deemed satisfied and discharged.17807

       (G) If the county board of revision finds that the total of 17808
the impositions against the abandoned land are greater than the 17809
fair market value of the abandoned land as determined by the 17810
auditor's then-current valuation of that land, the board, at any 17811
final hearing under section 323.70 of the Revised Code, may order 17812
the property foreclosed and, without an appraisal or public 17813
auction, order the sheriff to execute a deed to the certificate 17814
holder or county land reutilization corporation that filed a 17815
complaint under section 323.69 of the Revised Code, or to a 17816
community development organization, school district, municipal 17817
corporation, county, or township, whichever is applicable, as 17818
provided in section 323.74 of the Revised Code. Upon a transfer 17819
under this division, all liens for taxes due at the time the deed 17820
of the property is transferred to the certificate holder, 17821
community development organization, school district, municipal 17822
corporation, county, or township following the conveyance, and 17823
liens subordinate to liens for taxes, shall be deemed satisfied 17824
and discharged.17825

       Sec. 323.78.  Notwithstanding anything in Chapters 323., 17826
5721., and 5723. of the Revised Code, if the county treasurer of a 17827
county in which a county land reutilization operates, in any 17828
petition for foreclosure of abandoned lands, or for foreclosure as 17829
a result of unpaid community development charges as described in 17830
section 349.17 of the Revised Code, elects to invoke the 17831
alternative redemption period, then upon any adjudication of 17832
foreclosure by any court or the board of revision in any 17833
proceeding under section 323.25, sections 323.65 to 323.79, or 17834
section 5721.18 of the Revised Code, the following apply:17835

       (A) Unless otherwise ordered by a motion of the court or 17836
board of revision, the petition shall assert, and any notice of 17837
final hearing shall include, that upon foreclosure of the parcel, 17838
the equity of redemption in any parcel by its owner shall be 17839
forever terminated after the expiration of the alternative 17840
redemption period, that the parcel thereafter may be sold at 17841
sheriff's sale either by itself or together with other parcels as 17842
permitted by law; or that the parcel may, by order of the court or 17843
board of revision, be transferred directly to a municipal 17844
corporation, township, county, new community authority, school 17845
district, or county land reutilization corporation without 17846
appraisal and without a sale, free and clear of all impositions 17847
and any other liens on the property, which shall be deemed forever 17848
satisfied and discharged.17849

       (B) After the expiration of the alternative redemption period 17850
following an adjudication of foreclosure, by order of the court or 17851
board of revision, any equity of redemption is forever 17852
extinguished, and the parcel may be transferred individually or in 17853
lots with other tax-foreclosed properties to a municipal 17854
corporation, township, county, new community authority, school 17855
district, or county land reutilization corporation without 17856
appraisal and without a sale, upon which all impositions and any 17857
other liens subordinate to liens for impositions due at the time 17858
the deed to the property is conveyed to a purchaser or transferred 17859
to a community development organization, county land reutilization 17860
corporation, municipal corporation, county, new community 17861
authority, township, or school district, shall be deemed satisfied 17862
and discharged. Other than the order of the court or board of 17863
revision so ordering the transfer of the parcel, no further act of 17864
confirmation or other order shall be required for such a transfer, 17865
or for the extinguishment of any right of redemption. 17866

       (C) Upon the expiration of the alternative redemption period 17867
in cases to which the alternative redemption period has been 17868
ordered, if no community development organization, county land 17869
reutilization corporation, municipal corporation, county, new 17870
community authority, township, or school district has requested 17871
title to the parcel, the court or board of revision may order the 17872
property sold as otherwise provided in Chapters 323. and 5721. of 17873
the Revised Code, and, failing any bid at any such sale, the 17874
parcel shall be forfeited to the state and otherwise disposed of 17875
pursuant to Chapter 5723. of the Revised Code.17876

       Sec. 324.02.  For the purpose of providing additional general 17877
revenues for the county and paying the expense of administering 17878
such levy, any county may levy a county excise tax to be known as 17879
the utilities service tax on the charge for every utility service 17880
to customers within the county at a rate not to exceed two per 17881
cent of such charge. On utility service to customers engaged in 17882
business, the tax shall be imposed at a rate of one hundred fifty 17883
per cent of the rate imposed upon all other consumers within the 17884
county. The tax shall be levied pursuant to a resolution adopted 17885
by the board of county commissioners of the county and shall be 17886
levied at uniform rates required by this section upon all charges 17887
for utility service except as provided in section 324.03 of the 17888
Revised Code. The tax shall be levied upon the customer and shall 17889
be paid by the customer to the utility supplying the service at 17890
the time the customer pays the utility for the service. If the 17891
charge for utility service is billed to a person other than the 17892
customer at the request of such person, the tax commissioner of 17893
the state may, in accordance with section 324.04 of the Revised 17894
Code, provide for the levy of the tax against and the payment of 17895
the tax by such other person. Each utility furnishing a utility 17896
service the charge for which is subject to the tax shall set forth 17897
the tax as a separate item on each bill or statement rendered to 17898
the customer.17899

       Prior to the adoption of any resolution levying a utilities 17900
service tax the board of county commissioners shall conduct two 17901
public hearings thereon, the second hearing to be not less than 17902
three nor more than ten days after the first. Notice of the date, 17903
time, and place of such hearings shall be given by publication in 17904
a newspaper of general circulation in the county once a week on 17905
the same day of the week for two consecutive weeks, theor as 17906
provided in section 7.16 of the Revised Code. The second 17907
publication beingshall be not less than ten nor more than thirty 17908
days prior to the first hearing. No resolution levying a utilities 17909
service tax pursuant to this section of the Revised Code shall be 17910
effective sooner than thirty days following its adoption and such 17911
resolution is subject to a referendum as provided in sections 17912
305.31 to 305.41 of the Revised Code, unless such resolution is 17913
adopted as an emergency measure necessary for the immediate 17914
preservation of the public peace, health, or safety, in which case 17915
it shall go into immediate effect. Such emergency measure must 17916
receive an affirmative vote of all of the members of the board of 17917
commissioners, and shall state the reasons for such necessity. A 17918
resolution may direct the board of elections to submit the 17919
question of levying the tax to the electors of the county at the 17920
next primary or general election in the county occurring not less 17921
than ninety days after such resolution is certified to the board. 17922
No such resolution shall go into effect unless approved by a 17923
majority of those voting upon it. The tax levied by such 17924
resolution shall apply to all bills rendered subsequent to the 17925
sixtieth day after the effective date of the resolution. No bills 17926
shall be rendered out of the ordinary course of business to avoid 17927
payment of the tax.17928

       Sec. 324.021.  The question of repeal of a county permissive 17929
tax adopted as an emergency measure pursuant to section 324.02 of 17930
the Revised Code may be initiated by filing with the board of 17931
elections of the county not less than ninety days before the 17932
general election in any year a petition requesting that an 17933
election be held on such question. Such petition shall be signed 17934
by qualified electors residing in the county equal in number to 17935
ten per cent of those voting for governor at the most recent 17936
gubernatorial election.17937

       After determination by it that such petition is valid, the 17938
board of elections shall submit the question to the electors of 17939
the county at the next general election. The election shall be 17940
conducted, canvassed, and certified in the same manner as regular 17941
elections for county offices in the county. Notice of the election 17942
shall be published in a newspaper of general circulation in the 17943
district once a week for two consecutive weeks prior to the 17944
election and, ifor as provided in section 7.16 of the Revised 17945
Code. If the board of elections operates and maintains a web site, 17946
notice of the election also shall be posted on that web site for 17947
thirty days prior to the election. The notice shall state the 17948
purpose, time, and place of the election. The form of the ballot 17949
cast at such election shall be prescribed by the secretary of 17950
state. The question covered by such petition shall be submitted as 17951
a separate proposition, but it may be printed on the same ballot 17952
with any other proposition submitted at the same election other 17953
than the election of officers. If a majority of the qualified 17954
electors voting on the question of repeal approve the repeal, the 17955
result of the election shall be certified immediately after the 17956
canvass by the board of elections to the board of county 17957
commissioners, who shall thereupon, after the current year, cease 17958
to levy the tax.17959

       Sec. 340.02.  As used in this section, "mental health 17960
professional" means a person who is qualified to work with 17961
mentally ill persons, pursuant to standards established by the 17962
director of mental health under section 5119.611 of the Revised 17963
Code.17964

       For each alcohol, drug addiction, and mental health service 17965
district, there shall be appointed a board of alcohol, drug 17966
addiction, and mental health services of eighteen members. Nine 17967
members shall be interested in mental health programs and 17968
facilities and nine other members shall be interested in alcohol 17969
or drug addiction programs. All members shall be residents of the 17970
service district. The membership shall, as nearly as possible, 17971
reflect the composition of the population of the service district 17972
as to race and sex.17973

       The director of mental health shall appoint four members of 17974
the board, the director of alcohol and drug addiction services 17975
shall appoint four members, and the board of county commissioners 17976
shall appoint ten members. In a joint-county district, the county 17977
commissioners of each participating county shall appoint members 17978
in as nearly as possible the same proportion as that county's 17979
population bears to the total population of the district, except 17980
that at least one member shall be appointed from each 17981
participating county.17982

       The director of mental health shall ensure that at least one 17983
member of the board is a psychiatrist and one member of the board 17984
is a mental health professional. If the appointment of a 17985
psychiatrist is not possible, as determined under rules adopted by 17986
the director, a licensed physician may be appointed in place of 17987
the psychiatrist. If the appointment of a licensed physician is 17988
not possible, the director of mental health may waive the 17989
requirement that the psychiatrist or licensed physician be a 17990
resident of the service district and appoint a psychiatrist or 17991
licensed physician from a contiguous county. The director of 17992
mental health shall ensure that at least one member of the board 17993
is a person who has received or is receiving mental health 17994
services paid for by public funds and at least one member is a 17995
parent or other relative of such a person.17996

       The director of alcohol and drug addiction services shall 17997
ensure that at least one member of the board is a professional in 17998
the field of alcohol or drug addiction services and one member of 17999
the board is an advocate for persons receiving treatment for 18000
alcohol or drug addiction. Of the members appointed by the 18001
director of alcohol and drug addiction services, at least one 18002
shall be a person who has received or is receiving services for 18003
alcohol or drug addiction, and at least one shall be a parent or 18004
other relative of such a person.18005

       No member or employee of a board of alcohol, drug addiction, 18006
and mental health services shall serve as a member of the board of 18007
any agency with which the board of alcohol, drug addiction, and 18008
mental health services has entered into a contract for the 18009
provision of services or facilities. No member of a board of 18010
alcohol, drug addiction, and mental health services shall be an 18011
employee of any agency with which the board has entered into a 18012
contract for the provision of services or facilities. No person 18013
shall be an employee of a board and such an agency unless the 18014
board and agency both agree in writing.18015

       No person shall serve as a member of the board of alcohol, 18016
drug addiction, and mental health services whose spouse, child, 18017
parent, brother, sister, grandchild, stepparent, stepchild, 18018
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law, 18019
daughter-in-law, brother-in-law, or sister-in-law serves as a 18020
member of the board of any agency with which the board of alcohol, 18021
drug addiction, and mental health services has entered into a 18022
contract for the provision of services or facilities. No person 18023
shall serve as a member or employee of the board whose spouse, 18024
child, parent, brother, sister, stepparent, stepchild, 18025
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law, 18026
daughter-in-law, brother-in-law, or sister-in-law serves as a 18027
county commissioner of a county or counties in the alcohol, drug 18028
addiction, and mental health service district.18029

       Each year each board member shall attend at least one 18030
inservice training session provided or approved by the department 18031
of mental health or the department of alcohol and drug addiction 18032
services. Such training sessions shall not be considered to be 18033
regularly scheduled meetings of the board.18034

       Each member shall be appointed for a term of four years, 18035
commencing the first day of July, except that one-third of initial 18036
appointments to a newly established board, and to the extent 18037
possible to expanded boards, shall be for terms of two years, 18038
one-third of initial appointments shall be for terms of three 18039
years, and one-third of initial appointments shall be for terms of 18040
four years. No member shall serve more than two consecutive 18041
four-year terms. A member may serve for three consecutive terms 18042
only if one of the terms is for less than two years. A member who 18043
has served two consecutive four-year terms or three consecutive 18044
terms totaling less than ten years is eligible for reappointment 18045
one year following the end of the second or third term, 18046
respectively.18047

       When a vacancy occurs, appointment for the expired or 18048
unexpired term shall be made in the same manner as an original 18049
appointment. The appointing authority shall be notified by 18050
certified mail of any vacancy and shall fill the vacancy within 18051
sixty days following that notice.18052

       Any member of the board may be removed from office by the 18053
appointing authority for neglect of duty, misconduct, or 18054
malfeasance in office, and shall be removed by the appointing 18055
authority if the member's spouse, child, parent, brother, sister, 18056
stepparent, stepchild, stepbrother, stepsister, father-in-law, 18057
mother-in-law, son-in-law, daughter-in-law, brother-in-law, or 18058
sister-in-law serves as a county commissioner of a county or 18059
counties in the service district or serves as a member or employee 18060
of the board of an agency with which the board of alcohol, drug 18061
addiction, and mental health services has entered a contract for 18062
the provision of services or facilities. The member shall be 18063
informed in writing of the charges and afforded an opportunity for 18064
a hearing. Upon the absence of a member within one year from 18065
either four board meetings or from two board meetings without 18066
prior notice, the board shall notify the appointing authority, 18067
which may vacate the appointment and appoint another person to 18068
complete the member's term.18069

       Members of the board shall serve without compensation, but 18070
shall be reimbursed for actual and necessary expenses incurred in 18071
the performance of their official duties, as defined by rules of 18072
the departments of mental health and alcohol and drug addiction 18073
services.18074

       Sec. 340.03.  (A) Subject to rules issued by the director of 18075
mental health after consultation with relevant constituencies as 18076
required by division (A)(11)(L) of section 5119.06 of the Revised 18077
Code, with regard to mental health services, the board of alcohol, 18078
drug addiction, and mental health services shall:18079

       (1) Serve as the community mental health planning agency for 18080
the county or counties under its jurisdiction, and in so doing it 18081
shall:18082

       (a) Evaluate the need for facilities and community mental 18083
health services;18084

       (b) In cooperation with other local and regional planning and 18085
funding bodies and with relevant ethnic organizations, assess the 18086
community mental health needs, set priorities, and develop plans 18087
for the operation of facilities and community mental health 18088
services;18089

       (c) In accordance with guidelines issued by the director of 18090
mental health after consultation with board representatives,18091
annually develop and submit to the department of mental health, no 18092
later than six months prior to the conclusion of the fiscal year 18093
in which the board's current plan is scheduled to expire, a 18094
community mental health plan listing community mental health 18095
needs, including the needs of all residents of the district now 18096
residing in state mental institutions and severely mentally 18097
disabled adults, children, and adolescents; all children subject 18098
to a determination made pursuant to section 121.38 of the Revised 18099
Code; and all the facilities and community mental health services 18100
that are or will be in operation or provided during the period for 18101
which the plan will be in operation in the service district to 18102
meet such needs.18103

       The plan shall include, but not be limited to, a statement of 18104
which of the services listed in section 340.09 of the Revised Code 18105
the board intends to make available. The board must include crisis 18106
intervention services for individuals in an emergency situation in 18107
the plan and explain how the board intends to make such services 18108
available. The plan must also include an explanation of how the 18109
board intends to make any payments that it may be required to pay 18110
under section 5119.62 of the Revised Code, a statement of the 18111
inpatient and community-based services the board proposes that the 18112
department operate, an assessment of the number and types of 18113
residential facilities needed, such other information as the 18114
department requests, and a budget for moneys the board expects to 18115
receive. The board shall also submit an allocation request for 18116
state and federal funds. Within sixty days after the department's 18117
determination that the plan and allocation request are complete, 18118
the department shall approve or disapprove the plan and request, 18119
in whole or in part, according to the criteria developed pursuant 18120
to section 5119.61 of the Revised Code. The department's statement 18121
of approval or disapproval shall specify the inpatient and the 18122
community-based services that the department will operate for the 18123
board. Eligibility for state and federal funding shall be 18124
contingent upon an approved plan or relevant part of a plan. 18125

       If the director disapproves all or part of any plan, the 18126
director shall inform the board of the reasons for the disapproval 18127
and of the criteria that must be met before the plan may be 18128
approved. The director shall provide the board an opportunity to 18129
present its case on behalf of the plan. The director shall give 18130
the board a reasonable time in which to meet the criteria, and 18131
shall offer the board technical assistance to help it meet the 18132
criteria.18133

       If the approval of a plan remains in dispute thirty days 18134
prior to the conclusion of the fiscal year in which the board's 18135
current plan is scheduled to expire, the board or the director may 18136
request that the dispute be submitted to a mutually agreed upon 18137
third-party mediator with the cost to be shared by the board and 18138
the department. The mediator shall issue to the board and the 18139
department recommendations for resolution of the dispute. Prior to 18140
the conclusion of the fiscal year in which the current plan is 18141
scheduled to expire, the director, taking into consideration the 18142
recommendations of the mediator, shall make a final determination 18143
and approve or disapprove the plan, in whole or in part.18144

       If a board determines that it is necessary to amend a plan or 18145
an allocation request that has been approved under division 18146
(A)(1)(c) of this section, the board shall submit a proposed 18147
amendment to the director. The director may approve or disapprove 18148
all or part of the amendment. If the director does not approve all 18149
or part of the amendment within thirty days after it is submitted, 18150
the amendment or part of it shall be considered to have been 18151
approved. The director shall inform the board of the reasons for 18152
disapproval of all or part of an amendment and of the criteria 18153
that must be met before the amendment may be approved. The 18154
director shall provide the board an opportunity to present its 18155
case on behalf of the amendment. The director shall give the board 18156
a reasonable time in which to meet the criteria, and shall offer 18157
the board technical assistance to help it meet the criteria.18158

       The board shall implement the plan approved by the 18159
department.18160

       (d) Receive, compile, and transmit to the department of 18161
mental health applications for state reimbursement;18162

       (e) Promote, arrange, and implement working agreements with 18163
social agencies, both public and private, and with judicial 18164
agencies.18165

       (2) Investigate, or request another agency to investigate, 18166
any complaint alleging abuse or neglect of any person receiving 18167
services from a community mental health agency as defined in 18168
section 5122.01 of the Revised Code, or from a residential 18169
facility licensed under section 5119.22 of the Revised Code. If 18170
the investigation substantiates the charge of abuse or neglect, 18171
the board shall take whatever action it determines is necessary to 18172
correct the situation, including notification of the appropriate 18173
authorities. Upon request, the board shall provide information 18174
about such investigations to the department.18175

       (3) For the purpose of section 5119.611 of the Revised Code, 18176
cooperate with the director of mental health in visiting and 18177
evaluating whether the services of a community mental health 18178
agency satisfy the certification standards established by rules 18179
adopted under that section;18180

       (4) In accordance with criteria established under division18181
(G)(E) of section 5119.61 of the Revised Code, review and evaluate 18182
the quality, effectiveness, and efficiency of services provided 18183
through its community mental health plan and submit its findings 18184
and recommendations to the department of mental health;18185

       (5) In accordance with section 5119.22 of the Revised Code, 18186
review applications for residential facility licenses and 18187
recommend to the department of mental health approval or 18188
disapproval of applications;18189

       (6) Audit, in accordance with rules adopted by the auditor of 18190
state pursuant to section 117.20 of the Revised Code, at least 18191
annually all programs and services provided under contract with 18192
the board. In so doing, the board may contract for or employ the 18193
services of private auditors. A copy of the fiscal audit report 18194
shall be provided to the director of mental health, the auditor of 18195
state, and the county auditor of each county in the board's 18196
district.18197

       (7) Recruit and promote local financial support for mental 18198
health programs from private and public sources;18199

       (8)(a) Enter into contracts with public and private 18200
facilities for the operation of facility services included in the 18201
board's community mental health plan and enter into contracts with 18202
public and private community mental health agencies for the 18203
provision of community mental health services that are listed in 18204
section 340.09 of the Revised Code and included in the board's 18205
community mental health plan. The board may not contract with a 18206
community mental health agency to provide community mental health 18207
services included in the board's community mental health plan 18208
unless the services are certified by the director of mental health 18209
under section 5119.611 of the Revised Code. Section 307.86 of the 18210
Revised Code does not apply to contracts entered into under this 18211
division. In contracting with a community mental health agency, a 18212
board shall consider the cost effectiveness of services provided 18213
by that agency and the quality and continuity of care, and may 18214
review cost elements, including salary costs, of the services to 18215
be provided. A utilization review process shall be established as 18216
part of the contract for services entered into between a board and 18217
a community mental health agency. The board may establish this 18218
process in a way that is most effective and efficient in meeting 18219
local needs. In the case ofUntil July 1, 2012, a contract with a 18220
community mental health agency or facility, as defined in section 18221
5111.023 of the Revised Code, to provide services listed in 18222
division (B) of that section, the contract shall provide for the18223
agency or facility to be paid in accordance with the contract 18224
entered into between the departments of job and family services 18225
and mental health under section 5111.91 of the Revised Code and 18226
any rules adopted under division (A) of section 5119.61 of the 18227
Revised Code.18228

       If either the board or a facility or community mental health 18229
agency with which the board contracts under division (A)(8)(a) of 18230
this section proposes not to renew the contract or proposes 18231
substantial changes in contract terms, the other party shall be 18232
given written notice at least one hundred twenty days before the 18233
expiration date of the contract. During the first sixty days of 18234
this one hundred twenty-day period, both parties shall attempt to 18235
resolve any dispute through good faith collaboration and 18236
negotiation in order to continue to provide services to persons in 18237
need. If the dispute has not been resolved sixty days before the 18238
expiration date of the contract, either party may notify the 18239
department of mental health of the unresolved dispute. The 18240
director may requirerequest that both parties to submit the 18241
dispute to a third party with the cost to be shared by the board 18242
and the facility or community mental health agency. The third 18243
party shall issue to the board, theand facility or agency, and 18244
the department recommendations on how the dispute may be resolved 18245
twenty days prior to the expiration date of the contract, unless 18246
both parties agree to a time extension. The director shall adopt 18247
rules establishing the procedures of this dispute resolution 18248
process.18249

       (b) With the prior approval of the director of mental health, 18250
a board may operate a facility or provide a community mental 18251
health service as follows, if there is no other qualified private 18252
or public facility or community mental health agency that is 18253
immediately available and willing to operate such a facility or 18254
provide the service:18255

       (i) In an emergency situation, any board may operate a 18256
facility or provide a community mental health service in order to 18257
provide essential services for the duration of the emergency;18258

       (ii) In a service district with a population of at least one 18259
hundred thousand but less than five hundred thousand, a board may 18260
operate a facility or provide a community mental health service 18261
for no longer than one year;18262

       (iii) In a service district with a population of less than 18263
one hundred thousand, a board may operate a facility or provide a 18264
community mental health service for no longer than one year, 18265
except that such a board may operate a facility or provide a 18266
community mental health service for more than one year with the 18267
prior approval of the director and the prior approval of the board 18268
of county commissioners, or of a majority of the boards of county 18269
commissioners if the district is a joint-county district.18270

       The director shall not give a board approval to operate a 18271
facility or provide a community mental health service under 18272
division (A)(8)(b)(ii) or (iii) of this section unless the 18273
director determines that it is not feasible to have the department 18274
operate the facility or provide the service.18275

       The director shall not give a board approval to operate a 18276
facility or provide a community mental health service under 18277
division (A)(8)(b)(iii) of this section unless the director 18278
determines that the board will provide greater administrative 18279
efficiency and more or better services than would be available if 18280
the board contracted with a private or public facility or 18281
community mental health agency.18282

       The director shall not give a board approval to operate a 18283
facility previously operated by a person or other government 18284
entity unless the board has established to the director's 18285
satisfaction that the person or other government entity cannot 18286
effectively operate the facility or that the person or other 18287
government entity has requested the board to take over operation 18288
of the facility. The director shall not give a board approval to 18289
provide a community mental health service previously provided by a 18290
community mental health agency unless the board has established to 18291
the director's satisfaction that the agency cannot effectively 18292
provide the service or that the agency has requested the board 18293
take over providing the service.18294

       The director shall review and evaluate a board's operation of 18295
a facility and provision of community mental health service under 18296
division (A)(8)(b) of this section.18297

       Nothing in division (A)(8)(b) of this section authorizes a 18298
board to administer or direct the daily operation of any facility 18299
or community mental health agency, but a facility or agency may 18300
contract with a board to receive administrative services or staff 18301
direction from the board under the direction of the governing body 18302
of the facility or agency.18303

       (9) Approve fee schedules and related charges or adopt a unit 18304
cost schedule or other methods of payment for contract services 18305
provided by community mental health agencies in accordance with 18306
guidelines issued by the department as necessary to comply with 18307
state and federal laws pertaining to financial assistance;18308

       (10) Submit to the director and the county commissioners of 18309
the county or counties served by the board, and make available to 18310
the public, an annual report of the programs under the 18311
jurisdiction of the board, including a fiscal accounting;18312

       (11) Establish, to the extent resources are available, a 18313
community support system, which provides for treatment, support, 18314
and rehabilitation services and opportunities. The essential 18315
elements of the system include, but are not limited to, the 18316
following components in accordance with section 5119.06 of the 18317
Revised Code:18318

       (a) To locate persons in need of mental health services to 18319
inform them of available services and benefits mechanisms;18320

       (b) Assistance for clients to obtain services necessary to 18321
meet basic human needs for food, clothing, shelter, medical care, 18322
personal safety, and income;18323

       (c) Mental health care, including, but not limited to, 18324
outpatient, partial hospitalization, and, where appropriate, 18325
inpatient care;18326

       (d) Emergency services and crisis intervention;18327

       (e) Assistance for clients to obtain vocational services and 18328
opportunities for jobs;18329

       (f) The provision of services designed to develop social, 18330
community, and personal living skills;18331

       (g) Access to a wide range of housing and the provision of 18332
residential treatment and support;18333

       (h) Support, assistance, consultation, and education for 18334
families, friends, consumers of mental health services, and 18335
others;18336

       (i) Recognition and encouragement of families, friends, 18337
neighborhood networks, especially networks that include racial and 18338
ethnic minorities, churches, community organizations, and 18339
meaningful employment as natural supports for consumers of mental 18340
health services;18341

       (j) Grievance procedures and protection of the rights of 18342
consumers of mental health services;18343

       (k) Case management, which includes continual individualized 18344
assistance and advocacy to ensure that needed services are offered 18345
and procured.18346

       (12) Designate the treatment program, agency, or facility for 18347
each person involuntarily committed to the board pursuant to 18348
Chapter 5122. of the Revised Code and authorize payment for such 18349
treatment. The board shall provide the least restrictive and most 18350
appropriate alternative that is available for any person 18351
involuntarily committed to it and shall assure that the services 18352
listed in section 340.09 of the Revised Code are available to 18353
severely mentally disabled persons residing within its service 18354
district. The board shall establish the procedure for authorizing 18355
payment for services, which may include prior authorization in 18356
appropriate circumstances. The board may provide for services 18357
directly to a severely mentally disabled person when life or 18358
safety is endangered and when no community mental health agency is 18359
available to provide the service.18360

       (13) Establish a method for evaluating referrals for 18361
involuntary commitment and affidavits filed pursuant to section 18362
5122.11 of the Revised Code in order to assist the probate 18363
division of the court of common pleas in determining whether there 18364
is probable cause that a respondent is subject to involuntary 18365
hospitalization and what alternative treatment is available and 18366
appropriate, if any;18367

       (14) Ensure that apartments or rooms built, subsidized, 18368
renovated, rented, owned, or leased by the board or a community 18369
mental health agency have been approved as meeting minimum fire 18370
safety standards and that persons residing in the rooms or 18371
apartments are receiving appropriate and necessary services, 18372
including culturally relevant services, from a community mental 18373
health agency. This division does not apply to residential 18374
facilities licensed pursuant to section 5119.22 of the Revised 18375
Code.18376

       (15) Establish a mechanism for involvement of consumer 18377
recommendation and advice on matters pertaining to mental health 18378
services in the alcohol, drug addiction, and mental health service 18379
district;18380

       (16) Perform the duties under section 3722.185119.88 of the 18381
Revised Code required by rules adopted under section 5119.61 of 18382
the Revised Code regarding referrals by the board or mental health 18383
agencies under contract with the board of individuals with mental 18384
illness or severe mental disability to adult care facilities and 18385
effective arrangements for ongoing mental health services for the 18386
individuals. The board is accountable in the manner specified in 18387
the rules for ensuring that the ongoing mental health services are 18388
effectively arranged for the individuals.18389

       (B) The board shall establish such rules, operating 18390
procedures, standards, and bylaws, and perform such other duties 18391
as may be necessary or proper to carry out the purposes of this 18392
chapter.18393

       (C) A board of alcohol, drug addiction, and mental health 18394
services may receive by gift, grant, devise, or bequest any 18395
moneys, lands, or property for the benefit of the purposes for 18396
which the board is established, and may hold and apply it 18397
according to the terms of the gift, grant, or bequest. All money 18398
received, including accrued interest, by gift, grant, or bequest 18399
shall be deposited in the treasury of the county, the treasurer of 18400
which is custodian of the alcohol, drug addiction, and mental 18401
health services funds to the credit of the board and shall be 18402
available for use by the board for purposes stated by the donor or 18403
grantor.18404

       (D) No board member or employee of a board of alcohol, drug 18405
addiction, and mental health services shall be liable for injury 18406
or damages caused by any action or inaction taken within the scope 18407
of the board member's official duties or the employee's 18408
employment, whether or not such action or inaction is expressly 18409
authorized by this section, section 340.033, or any other section 18410
of the Revised Code, unless such action or inaction constitutes 18411
willful or wanton misconduct. Chapter 2744. of the Revised Code 18412
applies to any action or inaction by a board member or employee of 18413
a board taken within the scope of the board member's official 18414
duties or employee's employment. For the purposes of this 18415
division, the conduct of a board member or employee shall not be 18416
considered willful or wanton misconduct if the board member or 18417
employee acted in good faith and in a manner that the board member 18418
or employee reasonably believed was in or was not opposed to the 18419
best interests of the board and, with respect to any criminal 18420
action or proceeding, had no reasonable cause to believe the 18421
conduct was unlawful.18422

       (E) The meetings held by any committee established by a board 18423
of alcohol, drug addiction, and mental health services shall be 18424
considered to be meetings of a public body subject to section 18425
121.22 of the Revised Code.18426

       Sec. 340.05.  A community mental health agency that receives 18427
a complaint under section 3722.175119.87 of the Revised Code 18428
alleging abuse or neglect of an individual with mental illness or 18429
severe mental disability who resides in an adult care facility 18430
shall report the complaint to the board of alcohol, drug 18431
addiction, and mental health services serving the alcohol, drug 18432
addiction, and mental health service district in which the adult 18433
care facility is located. A board of alcohol, drug addiction, and 18434
mental health services that receives such a complaint or a report 18435
from a community mental health agency of such a complaint shall 18436
report the complaint to the director of mental health for the 18437
purpose of the director conducting an investigation under section 18438
3722.175119.87 of the Revised Code. The board may enter the adult 18439
care facility with or without the director and, if the health and 18440
safety of a resident is in immediate danger, take any necessary 18441
action to protect the resident. The board's action shall not 18442
violate any resident's rights under section 3722.125119.81 of the 18443
Revised Code and rules adopted by the public health council18444
department of mental health under that chaptersections 5119.70 to 18445
5119.88 of the Revised Code. The board shall immediately report to 18446
the director regarding the board's actions under this section.18447

       Sec. 340.091.  Each board of alcohol, drug addiction, and 18448
mental health services shall contract with a community mental 18449
health agency under division (A)(8)(a) of section 340.03 of the 18450
Revised Code for the agency to do all of the following in 18451
accordance with rules adopted under section 5119.61 of the Revised 18452
Code for an individual referred to the agency under division 18453
(C)(2) of section 173.355119.69 of the Revised Code:18454

       (A) Assess the individual to determine whether to recommend 18455
that a PASSPORTresidential state supplement administrative agency 18456
designated under section 5119.69 of the Revised Code determine 18457
that the environment in which the individual will be living while 18458
receiving residential state supplement payments is appropriate for 18459
the individual's needs and, if it determines the environment is 18460
appropriate, issue the recommendation to the PASSPORTresidential 18461
state supplement administrative agency;18462

       (B) Provide ongoing monitoring to ensure that services 18463
provided under section 340.09 of the Revised Code are available to 18464
the individual;18465

       (C) Provide discharge planning to ensure the individual's 18466
earliest possible transition to a less restrictive environment.18467

       Sec. 340.11. (A) A board of alcohol, drug addiction, and 18468
mental health services may procure a policy or policies of 18469
insurance insuring board members or employees of the board or 18470
agencies with which the board contracts against liability arising 18471
from the performance of their official duties. If the liability 18472
insurance is unavailable or the amount a board has procured or is 18473
able to procure is insufficient to cover the amount of a claim, 18474
the board may indemnify a board member or employee as follows:18475

       (1)(A) For any action or inaction in histhe capacity as aof18476
board member or employee or at the request of the board, whether 18477
or not the action or inaction is expressly authorized by this or 18478
any other section of the Revised Code, if:18479

       (a)(1) The board member or employee acted in good faith and 18480
in a manner that hethe board member or employee reasonably 18481
believed was in or was not opposed to the best interests of the 18482
board; and18483

       (b)(2) With respect to any criminal action or proceeding, the 18484
board member or employee had no reason to believe histhe board 18485
member's or employee's conduct was unlawful.18486

       (2)(B) Against any expenses, including attorneys' fees, the 18487
board member or employee actually and reasonably incurs as a 18488
result of a suit or other proceeding involving the defense of any 18489
action or inaction in histhe capacity as aof board member or 18490
employee or at the request of the board, or in defense of any 18491
claim, issue, or matter raised in connection with the defense of 18492
such an action or inaction, to the extent that the board member or 18493
employee is successful on the merits or otherwise.18494

       (B) The board may utilize up to that per cent of its budget 18495
as approved by the department of mental health to purchase 18496
insurance and to pool with funds of other boards of alcohol, drug 18497
addiction, and mental health services, as provided in division (E) 18498
of section 5119.62 of the Revised Code, to pay expenditures for 18499
utilization of state hospital facilities that exceed the amount 18500
allocated to the board under the formula developed under that 18501
section.18502

       Sec. 341.192. (A) As used in this section:18503

        (1) "Jail" means a county jail, or a multicounty, 18504
municipal-county, or multicounty-municipal correctional center.18505

       (2) "Medical assistance program" has the same meaning as in 18506
section 2913.40 of the Revised Code.18507

       (2)(3) "Medical provider" means a physician, hospital, 18508
laboratory, pharmacy, or other health care provider that is not 18509
employed by or under contract to a county, municipal corporation, 18510
township, the department of youth services, or the department of 18511
rehabilitation and correction to provide medical services to 18512
persons confined in the countya jail or a state correctional 18513
institution, or is in the custody of a law enforcement officer.18514

       (3)(4) "Necessary care" means medical care of a nonelective 18515
nature that cannot be postponed until after the period of 18516
confinement of a person who is confined in a county jail or a18517
state correctional institution, or is in the custody of a law 18518
enforcement officer without endangering the life or health of the 18519
person.18520

        (B) If a physician employed by or under contract to a county, 18521
municipal corporation, township, the department of youth services, 18522
or the department of rehabilitation and correction to provide 18523
medical services to persons confined in the countya jail or state 18524
correctional institution determines that a person who is confined 18525
in the county jail or a state correctional institution or who is 18526
in the custody of a law enforcement officer prior to the person's 18527
confinement in the countya jail or a state correctional 18528
institution requires necessary care that the physician cannot 18529
provide, the necessary care shall be provided by a medical 18530
provider. The county, municipal corporation, township, the 18531
department of youth services, or the department of rehabilitation 18532
and correction shall pay a medical provider for necessary care an 18533
amount not exceeding the authorized reimbursement rate for the 18534
same service established by the department of job and family 18535
services under the medical assistance program.18536

       Sec. 343.08.  (A) The board of county commissioners of a 18537
county solid waste management district and the board of directors 18538
of a joint solid waste management district may fix reasonable 18539
rates or charges to be paid by every person, municipal 18540
corporation, township, or other political subdivision that owns 18541
premises to which solid waste collection, storage, transfer, 18542
disposal, recycling, processing, or resource recovery service is 18543
provided by the district and may change the rates or charges 18544
whenever it considers it advisable. Charges for collection, 18545
storage, transfer, disposal, recycling, processing, or resource 18546
recovery service shall be made only against lots or parcels that 18547
are improved, or in the process of being improved, with at least 18548
one permanent, portable, or temporary building. The rates or 18549
charges may be collected by either of the following means:18550

       (1) Periodic billings made by the district directly or in 18551
conjunction with billings for public utility rates or charges by a 18552
county water district established under section 6103.02 of the 18553
Revised Code, a county sewer district established under section 18554
6117.02 of the Revised Code, or a municipal corporation or other 18555
political subdivision authorized by law to provide public utility 18556
service. When any such charges that are so billed are not paid, 18557
the board shall certify them to the county auditor of the county 18558
where the lots or parcels are located, who shall place them upon 18559
the real property duplicate against the property served by the 18560
collection, storage, transfer, disposal, recycling, processing, or 18561
resource recovery service. The charges shall be a lien on the 18562
property from the date they are placed upon the real property 18563
duplicate by the auditor and shall be collected in the same manner 18564
as other taxes.18565

       (2) Certifying the rates or charges to the county auditor of 18566
the county where the lots or parcels are located, who shall place 18567
them on the real property duplicate against the lots or parcels. 18568
The rates or charges are a lien on the property from the date they 18569
are placed upon the real property duplicate by the auditor and 18570
shall be collected in the same manner as other taxes.18571

       The county or joint district need not fix a rate or charge 18572
against property if the district does not operate a collection 18573
system.18574

       Where a county or joint district owns or operates a solid 18575
waste facility, either without a collection system or in 18576
conjunction therewith, the board of county commissioners or board 18577
of directors may fix reasonable rates or charges for the use of 18578
the facility by persons, municipal corporations, townships, and 18579
other political subdivisions, may contract with any public 18580
authority or person for the collection of solid wastes in any part 18581
of any district for collection, storage, disposal, transfer, 18582
recycling, processing, or resource recovery in any solid waste 18583
facility, or may lease the facility to any public authority or 18584
person. The cost of collection, storage, transfer, disposal, 18585
recycling, processing, or resource recovery under such contracts 18586
may be paid by rates or charges fixed and collected under this 18587
section or by rates and charges fixed under those contracts and 18588
collected by the contractors.18589

       All moneys collected by or on behalf of a county or joint 18590
district as rates or charges for solid waste collection, storage, 18591
transfer, disposal, recycling, processing, or resource recovery 18592
service in any district shall be paid to the county treasurer in a 18593
county district or to the county treasurer or other official 18594
designated by the board of directors in a joint district and kept 18595
in a separate and distinct fund to the credit of the district. The 18596
fund shall be used for the payment of the cost of the management, 18597
maintenance, and operation of the solid waste collection or other 18598
solid waste facilities of the district and, if applicable, the 18599
payment of the cost of collecting the rates or charges of the 18600
district pursuant to division (A)(1) or (2) of this section. Prior 18601
to the approval of the district's initial solid waste management 18602
plan under section 3734.55 of the Revised Code or the issuance of 18603
an order under that section requiring the district to implement an 18604
initial plan prepared by the director, as appropriate, the fund 18605
also may be used for the purposes of division (G)(1) or (3) of 18606
section 3734.57 of the Revised Code. On and after the approval of 18607
the district's initial plan under section 3734.521 or 3734.55 of 18608
the Revised Code or the issuance of an order under either of those 18609
sections, as appropriate, requiring the district to implement an 18610
initial plan prepared by the director, the fund also may be used 18611
for the purposes of divisions (G)(1) to (10) of section 3734.57 of 18612
the Revised Code. Those uses may include, in accordance with a 18613
cost allocation plan adopted under division (B) of this section, 18614
the payment of all allowable direct and indirect costs of the 18615
district, the sanitary engineer or sanitary engineering 18616
department, or a federal or state grant program, incurred for the 18617
purposes of this chapter and sections 3734.52 to 3734.572 of the 18618
Revised Code. Any surplus remaining after those uses of the fund 18619
may be used for the enlargement, modification, or replacement of 18620
such facilities and for the payment of the interest and principal 18621
on bonds and bond anticipation notes issued pursuant to section 18622
343.07 of the Revised Code. In no case shall money so collected be 18623
expended otherwise than for the use and benefit of the district.18624

       A board of county commissioners or directors, instead of 18625
operating and maintaining solid waste collection or other solid 18626
waste facilities of the district with county or joint district 18627
personnel, may enter into a contract with a municipal corporation 18628
having territory within the district pursuant to which the 18629
operation and maintenance of the facilities will be performed by 18630
the municipal corporation.18631

       The products of any solid waste collection or other solid 18632
waste facility owned under this chapter shall be sold through 18633
competitive bidding in accordance with section 307.12 of the 18634
Revised Code, except when a board of county commissioners or 18635
directors determines by resolution that it is in the public 18636
interest to sell those products in a commercially reasonable 18637
manner without competitive bidding.18638

       (B) A board of county commissioners or directors may adopt a 18639
cost allocation plan that identifies, accumulates, and distributes 18640
allowable direct and indirect costs that may be paid from the fund 18641
of the district created in division (A) of this section and 18642
prescribes methods for allocating those costs. The plan shall 18643
authorize payment from the fund for only those costs incurred by 18644
the district, the sanitary engineer or sanitary engineering 18645
department, or a federal or state grant program, and those costs 18646
incurred by the general and other funds of the county for a common 18647
or joint purpose, that are necessary and reasonable for the proper 18648
and efficient administration of the district under this chapter 18649
and sections 3734.52 to 3734.572 of the Revised Code. The plan 18650
shall not authorize payment from the fund of any general 18651
government expense required to carry out the overall governmental 18652
responsibilities of a county. The plan shall conform to United 18653
States office of management and budget Circular A-87 "Cost 18654
Principles for State and Local Governments," published January 15, 18655
1983.18656

       (C) A board of county commissioners or directors shall fix 18657
rates or charges, or enter into contracts fixing the rates or 18658
charges to be collected by the contractor, for solid waste 18659
collection, storage, transfer, disposal, recycling, processing, or 18660
resource recovery services at a public meeting held in accordance 18661
with section 121.22 of the Revised Code. In addition to fulfilling 18662
the requirements of section 121.22 of the Revised Code, the board, 18663
before fixing or changing rates or charges for solid waste 18664
collection, storage, transfer, disposal, recycling, processing, or 18665
resource recovery services, or before entering into a contract 18666
that fixes rates or charges to be collected by the contractor 18667
providing the services, shall hold at least three public hearings 18668
on the proposed rates, charges, or contract. Prior to the first 18669
public hearing, the board shall publish notice of the public 18670
hearings as provided in section 7.16 of the Revised Code or once a 18671
week for three consecutive weeks in a newspaper of general 18672
circulation in the county or counties that would be affected by 18673
the proposed rates, charges, or contract. The notice shall include 18674
a listing of the proposed rates or charges to be fixed and 18675
collected by the board or fixed pursuant to the contract and 18676
collected by the contractor, and the dates, time, and place of 18677
each of the three hearings thereon. The board shall hear any 18678
person who wishes to testify on the proposed rates, charges, or 18679
contract.18680

       Sec. 345.03.  A copy of any resolution adopted under section 18681
345.01 of the Revised Code shall be certified within five days by 18682
the taxing authority and not later than four p. m. of the 18683
ninetieth day before the day of the election, to the county board 18684
of elections, and such board shall submit the proposal to the 18685
electors of the subdivision at the succeeding general election. 18686
The board shall make the necessary arrangements for the submission 18687
of such question to the electors of the subdivision, and the 18688
election shall be conducted, canvassed, and certified in like 18689
manner as regular elections in such subdivision.18690

       Notice of the election shall be published once in a newspaper 18691
of general circulation in the subdivision, at least once, not less 18692
than two weeks prior to such election. The notice shall set out 18693
the purpose of the proposed increase in rate, the amount of the 18694
increase expressed in dollars and cents for each one hundred 18695
dollars of valuation as well as in mills for each one dollar of 18696
property valuation, the number of years during which such increase 18697
will be in effect, and the time and place of holding such 18698
election.18699

       Sec. 349.01.  As used in this chapter:18700

       (A) "New community" means a community or an addition to an 18701
existing community planned pursuant to this chapter so that it 18702
includes facilities for the conduct of industrial, commercial, 18703
residential, cultural, educational, and recreational activities, 18704
and designed in accordance with planning concepts for the 18705
placement of utility, open space, and other supportive facilities.18706

       In the case of a new community authority established on or 18707
after the effective date of this amendment and before January 1, 18708
2012, "new community" may mean a community or development of 18709
property planned under this chapter in relation to an existing 18710
community so that the community includes facilities for the 18711
conduct of community activities, and is designed in accordance 18712
with planning concepts for the placement of utility, open space, 18713
and other supportive facilities for the community.18714

       (B) "New community development program" means a program for 18715
the development of a new community characterized by well-balanced 18716
and diversified land use patterns and which includes land 18717
acquisition and land development, the acquisition, construction, 18718
operation, and maintenance of community facilities, and the 18719
provision of services authorized in this chapter.18720

       In the case of a new community authority established on or 18721
after the effective date of this amendment and before January 1, 18722
2012, aA new community development program may take into account 18723
any existing community in relation to which a new community is 18724
developed for purposes of being characterized by well-balanced and 18725
diversified land use patterns.18726

       (C) "New community district" means the area of land described 18727
by the developer in the petition as set forth in division (A) of 18728
section 349.03 of the Revised Code for development as a new 18729
community and any lands added to the district by amendment of the 18730
resolution establishing the community authority.18731

       (D) "New community authority" means a body corporate and 18732
politic in this state, established pursuant to section 349.03 of 18733
the Revised Code and governed by a board of trustees as provided 18734
in section 349.04 of the Revised Code.18735

       (E) "Developer" means any person, organized for carrying out 18736
a new community development program who owns or controls, through 18737
leases of at least seventy-fiveforty years' duration, options, or 18738
contracts to purchase, the land within a new community district, 18739
or any municipal corporation, county, or port authority that owns 18740
the land within a new community district, or has the ability to 18741
acquire such land, either by voluntary acquisition or condemnation 18742
in order to eliminate slum, blighted, and deteriorated or 18743
deteriorating areas and to prevent the recurrence thereof. In the 18744
case of a new community authority established on or after the 18745
effective date of this amendment and before January 1, 2012, 18746
"developer" may mean a person, municipal corporation, county, or 18747
port authority that controls land within a new community district 18748
through leases of at least forty years' duration.18749

       (F) "Organizational board of commissioners" means, if the new 18750
community district is located in only one county, the board of 18751
county commissioners of such county; if located in more than one 18752
county, a board consisting of the members of the board of county 18753
commissioners of each of the counties in which the district is 18754
located, provided that action of such board shall require a 18755
majority vote of the members of each separate board of county 18756
commissioners; or, if more than half of the new community district 18757
is located within the boundaries of the most populousa municipal 18758
corporation of a county, the legislative authority of the 18759
municipal corporation.18760

       (G) "Land acquisition" means the acquisition of real property 18761
and interests in real property as part of a new community 18762
development program.18763

       (H) "Land development" means the process of clearing and 18764
grading land, making, installing, or constructing water 18765
distribution systems, sewers, sewage collection systems, steam, 18766
gas, and electric lines, roads, streets, curbs, gutters, 18767
sidewalks, storm drainage facilities, and other installations or 18768
work, whether within or without the new community district, and 18769
the construction of community facilities.18770

       (I)(1) "Community facilities" means all real property, 18771
buildings, structures, or other facilities, including related 18772
fixtures, equipment, and furnishings, to be owned, operated, 18773
financed, constructed, and maintained under this chapter, 18774
including public, community, village, neighborhood, or town 18775
buildings, centers and plazas, auditoriums, day care centers, 18776
recreation halls, educational facilities, hospital facilities as 18777
defined in section 140.01 of the Revised Code, recreational 18778
facilities, natural resource facilities, including parks and other 18779
open space land, lakes and streams, cultural facilities, community 18780
streets, including off-street parking facilities, pathway and 18781
bikeway systems, pedestrian underpasses and overpasses, lighting 18782
facilities, design amenities, or other community facilities, and 18783
buildings needed in connection with water supply or sewage 18784
disposal installations or steam, gas, or electric lines or 18785
installation.18786

       (2) In the case of a new community authority established on18787
or after the effective date of this amendment and before January 18788
1, 2012, "community facilities" may mean, in addition to the 18789
facilities authorized in division (I)(1) of this section, any18790
other community facilities that are owned, operated, financed, 18791
constructed, or maintained for, relating to, or in furtherance of 18792
community activities, including, but not limited to, town 18793
buildings or other facilities, and health care facilities 18794
including, but limited to, hospital facilities, and off-street 18795
parking facilities.18796

       (J) "Cost" as applied to a new community development program 18797
means all costs related to land acquisition and land development, 18798
the acquisition, construction, maintenance, and operation of 18799
community facilities and offices of the community authority, and 18800
of providing furnishings and equipment therefor, financing charges 18801
including interest prior to and during construction and for the 18802
duration of the new community development program, planning 18803
expenses, engineering expenses, administrative expenses including 18804
working capital, and all other expenses necessary and incident to 18805
the carrying forward of the new community development program.18806

       (K) "Income source" means any and all sources of income to 18807
the community authority, including community development charges 18808
of which the new community authority is the beneficiary as 18809
provided in section 349.07 of the Revised Code, rentals, user fees 18810
and other charges received by the new community authority, any 18811
gift or grant received, any moneys received from any funds 18812
invested by or on behalf of the new community authority, and 18813
proceeds from the sale or lease of land and community facilities.18814

       (L) "Community development charge" means:18815

       (1) A dollar amount whichthat shall be determined on the 18816
basis of the assessed valuation of real property or interests in 18817
real property in a new community district sold, leased, or 18818
otherwise conveyed by the developer or the new community 18819
authority, the income of the residents of such property subject to 18820
such charge under section 349.07 of the Revised Code, if such 18821
property is devoted to residential uses or to the profits of any 18822
business, a uniform fee on each parcel of such real property 18823
originally sold, leased, or otherwise conveyed by the developer or 18824
new community authority, or any combination of the foregoing 18825
bases.18826

        (2) For a new community authority that is established on or 18827
after the effective date of this amendment and before January 1, 18828
2012, "community development charge" includes, in addition to the 18829
charges authorized in division (L)(1) of this section, aA charge 18830
determined on the basis of all or a part of the income of the 18831
residents of real property within the new community district if 18832
such property is devoted to residential uses, or all or a part of 18833
the profits, gross receipts, or other revenues of any business 18834
operating in the new community district.18835

       (M) "Proximate city" means, as of the date of filing of the 18836
petition under section 349.03 of the Revised Code, any municipal 18837
corporation in which any portion of the proposed new community 18838
district is located, or if more than one-half of the proposed new 18839
community district is contained within a joint economic 18840
development district under sections 715.70 to 715.83 of the 18841
Revised Code, "proximate city" means the township containing the 18842
greatest portion of such district. Otherwise, "proximate city"18843
means any city that, as of the date of filing of the petition 18844
under section 349.03 of the Revised Code, is the city with the 18845
greatest population located in the county in which the proposed 18846
new community district is located, is the city with the greatest 18847
population located in an adjoining county if any portion of such 18848
city is within five miles of any part of the boundaries of such 18849
district, or exercises extraterritorial subdivision authority 18850
under section 711.09 of the Revised Code with respect to any part 18851
of such district.18852

       (N) "Community activities" means cultural, educational, 18853
governmental, recreational, residential, industrial, commercial, 18854
distribution and research activities, or any combination thereof 18855
that includes residential activities.18856

       Sec. 349.03.  (A) Proceedings for the organization of a new 18857
community authority shall be initiated by a petition filed by the 18858
developer in the office ofwith the clerk of the organizational18859
board of county commissioners of one of the counties in which all 18860
or part offor the proposed new community district is located. 18861
Such petition shall be signed by the developer and may be signed 18862
by each proximate city. The legislative authorities of each such 18863
proximate city shall act in behalf of such proximate city. Such 18864
petition shall contain:18865

       (1) The name of the proposed new community authority;18866

       (2) The address where the principal office of the authority 18867
will be located or the manner in which the location will be 18868
selected;18869

       (3) A map and a full and accurate description of the 18870
boundaries of the new community district together with a 18871
description of the properties within such boundaries, if any, 18872
which will not be included in the new community district. Unless 18873
more than one-half of the proposed new community district is or 18874
was contained within a joint economic development district under 18875
sections 715.70 to 715.83 of the Revised Code or the district is 18876
wholly contained within municipalities, the total acreage included 18877
in such district shall not be less than one thousand acres, all of 18878
which acreage shall be owned by, or under the control through 18879
leases of at least seventy-fiveforty years' duration, options, or 18880
contracts to purchase, of the developer, if the developer is a 18881
private entity. Such acreage shall be developable as one 18882
functionally interrelated community. In the case of a new 18883
community authority established on or after the effective date of 18884
this amendment and before January 1, 2012, such leases may be of 18885
not less than forty years' duration, and the acreage may be 18886
developable so that the community is one functionally interrelated 18887
community.18888

       (4) A statement setting forth the zoning regulations proposed 18889
for zoning the area within the boundaries of the new community 18890
district for comprehensive development as a new community, and if 18891
the area has been zoned for such development, a certified copy of 18892
the applicable zoning regulations therefor;18893

       (5) A current plan indicating the proposed development 18894
program for the new community district, the land acquisition and 18895
land development activities, community facilities, services 18896
proposed to be undertaken by the new community authority under 18897
such program, the proposed method of financing such activities and 18898
services, including a description of the bases, timing, and manner 18899
of collecting any proposed community development charges, and the 18900
projected total residential population of, and employment within, 18901
the new community;18902

       (6) A suggested number of members, consistent with section 18903
349.04 of the Revised Code, for the board of trustees;18904

       (7) A preliminary economic feasibility analysis, including 18905
the area development pattern and demand, location and proposed new 18906
community district size, present and future socio-economic 18907
conditions, public services provision, financial plan, and the 18908
developer's management capability;18909

       (8) A statement that the development will comply with all 18910
applicable environmental laws and regulations.18911

       Upon the filing of such petition, the organizational board of 18912
commissioners shall determine whether such petition complies with 18913
the requirements of this section as to form and substance. The 18914
board in subsequent proceedings may at any time permit the 18915
petition to be amended in form and substance to conform to the 18916
facts by correcting any errors in the description of the proposed 18917
new community district or in any other particular.18918

       Upon the determination of the organizational board of 18919
commissioners that a sufficient petition has been filed in 18920
accordance with this section, the board shall fix the time and 18921
place of a hearing on the petition for the establishment of the 18922
proposed new community authority. Such hearing shall be held not 18923
less than ninety-five nor more than one hundred fifteen days after 18924
the petition filing date, except that if the petition has been 18925
signed by all proximate cities, such hearing shall be held not 18926
less than thirty nor more than forty-five days after the petition 18927
filing date. The clerk of the organizational board of county18928
commissioners with which the petition was filed shall give notice 18929
thereof by publication once each week for three consecutive weeks, 18930
or as provided in section 7.16 of the Revised Code, in a newspaper 18931
of general circulation in any county of which a portion is within 18932
the proposed new community district. Such clerk shall also give 18933
written notice of the date, time, and place of the hearing and 18934
furnish a certified copy of the petition to the clerk of the 18935
legislative authority of each proximate city which has not signed 18936
such petition. In the event that the legislative authority of a 18937
proximate city which did not sign the petition does not approve18938
disapproves by ordinance, resolution, or motion the establishment 18939
of the proposed new community authority and does not deliver18940
delivers such ordinance, resolution, or motion to the clerk of the 18941
organizational board of county commissioners with which the 18942
petition was filed within ninetytwenty-eight days following the 18943
date of the first publication of the notice delivered to the 18944
clerk of the public hearinglegislative authority of the proximate 18945
city, the organizational board of commissioners shall cancel such 18946
public hearing and terminate the proceedings for the establishment 18947
of the new community authority. Any disapproval by the proximate 18948
city must be for good cause shown that the proposed new community 18949
district will not be conducive to the public health, safety, 18950
convenience, and welfare, and is not intended to result in the 18951
development of a new community.18952

       Upon the hearing, if the organizational board of 18953
commissioners determines by resolution that the proposed new 18954
community district will be conducive to the public health, safety, 18955
convenience, and welfare, and is intended to result in the 18956
development of a new community, and if at least twenty-eight days 18957
have elapsed following the date of the notice delivered to the 18958
clerk of the legislative authority of each proximate city that has 18959
not signed the petition and no disapproval of a proximate city for 18960
good cause shown has been received by the clerk of the 18961
organizational board of commissioners, the board shall by its 18962
resolution, entered of record in its journal and the journal of 18963
the board of county commissioners with which the petition was 18964
filed, declare the new community authority to be organized and a 18965
body politic and corporate with the corporate name designated in 18966
the resolution, and define the boundary of the new community 18967
district. In addition, the resolution shall provide the method of 18968
selecting the board of trustees of the new community authority and 18969
fix the surety for their bonds in accordance with section 349.04 18970
of the Revised Code.18971

       If the organizational board of commissioners finds that the 18972
establishment of the district will not be conducive to the public 18973
health, safety, convenience, or welfare, or is not intended to 18974
result in the development of a new community, or if the clerk of 18975
the organizational board of commissioners has received a 18976
disapproval for good cause shown from a proximate city, it shall 18977
reject the petition thereby terminating the proceedings for the 18978
establishment of the new community authority.18979

       (B) At any time after the creation of a new community 18980
authority, the developer may file an application with the clerk of 18981
theorganizational board of county commissioners of the county in18982
with which the original petition was filed, setting forth a 18983
general description of territory it desires to add or to delete 18984
from such district, that such change will be conducive to the 18985
public health, safety, convenience, and welfare, and will be 18986
consistent with the development of a new community and will not 18987
jeopardize the plan of the new community. If the developer is not 18988
a municipal corporation, port authority, or county, all of such an 18989
addition to such a district shall be owned by, or under the 18990
control through leases of at least seventy-fiveforty years'18991
duration, options, or contracts to purchase, of the developer. In 18992
the case of a new community authority established on or after the 18993
effective date of this amendment and before January 1, 2012, such 18994
leases may be of not less than forty years' duration. Upon the 18995
filing of the application, the organizational board of 18996
commissioners shall follow the same procedure as required by this 18997
section in relation to the petition for the establishment of the 18998
proposed new community.18999

       (C) If all or any part of the new community district is 19000
annexed to one or more existing municipal corporations, their 19001
legislative authorities may appoint persons to replace any 19002
appointed citizen member of the board of trustees. The number of 19003
such trustees to be replaced by the municipal corporation shall be 19004
the number, rounded to the lowest integer, bearing the 19005
proportionate relationship to the number of existing appointed 19006
citizen members as the acreage of the new community district 19007
within such municipal corporation bears to the total acreage of 19008
the new community district. If any such municipal corporation 19009
chooses to replace an appointed citizen member, it shall do so by 19010
ordinance, the term of the trustee being replaced shall terminate 19011
thirty days from the date of passage of such ordinance, and the 19012
trustee to be replaced shall be determined by lot. Each newly 19013
appointed member shall assume the term of the member's 19014
predecessor.19015

       Sec. 349.04.  The following method of selecting a board of 19016
trustees is deemed to be a compelling state interest. Within ten 19017
days after the new community authority has been established, as 19018
provided in section 349.03 of the Revised Code, an initial board 19019
of trustees shall be appointed as follows;: the organizational 19020
board of commissioners shall appoint by resolution at least three, 19021
but not more than six, citizen members of the board of trustees to 19022
represent the interests of present and future residents and 19023
employers of the new community district and one member to serve as 19024
a representative of local government, and the developer shall 19025
appoint a number of members equal to the number of citizen members 19026
to serve as representatives of the developer. In the case of a new 19027
community authority established on or after the effective date of 19028
this amendment and before January 1, 2012, the citizen members may 19029
represent present and future employers within the new community 19030
district and any present or future residents of the district.19031

       Members shall serve two-year overlapping terms, with two of 19032
each of the initial citizen and developer members appointed to 19033
serve initial one year terms. The organizational board of 19034
commissioners shall adopt, by further resolution adopted within 19035
one year of such resolution establishing such initial board of 19036
trustees adopt, a method for selection of successor members 19037
thereof which determines the projected total population of the 19038
projected new community and meets the following criteria:19039

       (A) The appointed citizen members shall be replaced by 19040
elected citizen members according to a schedule established by the 19041
organizational board of commissioners calculated to achieve one 19042
such replacement each time the new community district gains a 19043
proportion, having a numerator of one and a denominator of twice 19044
the number of citizen members, of its projected total population 19045
until such time as all of the appointed citizen members are 19046
replaced.19047

       (B) Representatives of the developer shall be replaced by 19048
elected citizen members according to a schedule established by the 19049
organizational board of commissioners calculated to achieve one 19050
such replacement each time the new community district gains a 19051
proportion, having a numerator of one and a denominator equal to 19052
the number of developer members, of its projected total population 19053
until such time as all of the developer's representatives are 19054
replaced.19055

       (C) The representative of local government shall be replaced 19056
by an elected citizen member at the time the new community 19057
district gains three-quarters of its projected total population.19058

       Elected citizen members of the board of trustees shall be 19059
elected by a majority of the residents of the new community 19060
district voting at elections held on the first Tuesday after the 19061
first Monday in December of each year. Each citizen member except 19062
an appointed citizen member shall be a qualified elector who 19063
resides within the new community district. In the case of a new 19064
community authority established on or after the effective date of 19065
this amendment and before January 1, 2012,The petition or the 19066
organizational board of directorscommissioners, by resolution, 19067
may adopt an alternative method of selection or election of 19068
successor members of the board of trustees. If the alternative 19069
method provides for the election of citizen members, the elections 19070
may be held at the times and in the manner provided in athe 19071
petition or resolution of the organizational board of 19072
commissioners, and theany elected citizen members shall be 19073
qualified electors who residesreside in the new community 19074
district.19075

       Citizen members shall not be employees of or have financial 19076
interest in the developer. If a vacancy occurs in the office of a 19077
member other than a member appointed by the developer, the 19078
organizational board of commissioners may appoint a successor 19079
member for the remainder of the unexpired term. Any appointed 19080
member of the board of trustees may at any time be removed by the 19081
organizational board of commissioners for misfeasance, 19082
nonfeasance, or malfeasance in office. Members appointed by the 19083
developer may also at any time be removed by the developer without 19084
a showing of cause.19085

       Each member of the board of trustees, before entering upon 19086
official duties, shall take and subscribe to an oath before an 19087
officer authorized to administer oaths in Ohio that the member 19088
will honestly and faithfully perform the duties of the member's 19089
office. Such oath shall be filed in the office of the clerk of the 19090
organizational board of county commissioners in which the petition 19091
was filed. Upon taking the oath, the board of trustees shall elect 19092
one of its number as chairperson and another as vice-chairperson, 19093
and shall appoint suitable persons as secretary and treasurer who 19094
need not be members of the board. The treasurer shall be the 19095
fiscal officer of the authority. The board shall adopt by-laws 19096
governing the administration of the affairs of the new community 19097
authority. Each member of the board shall post a bond for the 19098
faithful performance of official duties and give surety therefor 19099
in such amount, but not less than ten thousand dollars, as the 19100
resolution creating such board shall prescribe.19101

       All of the powers of the new community authority shall be 19102
exercised by its board of trustees, but without relief of such 19103
responsibility, such powers may be delegated to committees of the 19104
board or its officers and employees in accordance with its 19105
by-laws. A majority of the board shall constitute a quorum, and a 19106
concurrence of a majority of a quorum in any matter within the 19107
board's duties is sufficient for its determination, provided a 19108
quorum is present when such concurrence is had and a majority of 19109
those members constituting such quorum are trustees not appointed 19110
by the developer. All trustees shall be empowered to vote on all 19111
matters within the authority of the board of trustees, and no vote 19112
by a member appointed by the developer shall be construed to give 19113
rise to civil or criminal liability for conflict of interest on 19114
the part of public officials.19115

       Sec. 349.06.  In furtherance of the purposes of this chapter, 19116
a new community authority may:19117

       (A) Acquire by purchase, lease, gift, or otherwise, on such 19118
terms and in such manner as it considers proper, real and personal 19119
property or any estate, interest, or right therein, within or 19120
without the new community district;19121

       (B) Improve, maintain, sell, lease or otherwise dispose of 19122
real and personal property and community facilities, on such terms 19123
and in such manner as it considers proper;19124

       (C) Landscape and otherwise aesthetically improve areas 19125
within the new community district, including but not limited to 19126
maintenance, landscaping and other community improvement services;19127

       (D) Provide, engage in, or otherwise sponsor recreational, 19128
educational, health, social, vocational, cultural, beautification, 19129
and amusement activities and related services primarily for 19130
residents of the district. In the case of a new community 19131
authority established on or after the effective date of this 19132
amendment and before January 1, 2012, such activities and services 19133
may be for residents of, visitors to, employees working within, or 19134
employers operating businesses in the district, or any combination 19135
thereof.19136

       (E) Fix, alter, impose, collect and receive service and user 19137
fees, rentals, and other charges to cover all costs in carrying 19138
out the new community development program;19139

       (F) Adopt, modify, and enforce reasonable rules and 19140
regulations governing the use of community facilities;19141

       (G) Employ such managers, administrative officers, agents, 19142
engineers, architects, attorneys, contractors, sub-contractors, 19143
and employees as may be appropriate in the exercise of the rights, 19144
powers and duties conferred upon it, prescribe the duties and 19145
compensation for such persons, require bonds to be given by any 19146
such persons and by officers of the authority for the faithful 19147
performance of their duties, and fix the amount and surety 19148
therefor; and pay the same;19149

       (H) Sue and be sued in its corporate name;19150

       (I) Make and enter into all contracts and agreements and 19151
execute all instruments relating to a new community development 19152
program, including contracts with the developer and other persons 19153
or entities related thereto for land acquisition and land 19154
development; acquisition, construction, and maintenance of 19155
community facilities; the provision of community services and 19156
management and coordinating services; with federal, state, 19157
interstate, regional, and local agencies and political 19158
subdivisions or combinations thereof in connection with the 19159
financing of such program, and with any municipal corporation or 19160
other public body, or combination thereof, providing for the 19161
acquisition, construction, improvement, extension, maintenance or 19162
operation of joint lands or facilities or for the provision of any 19163
services or activities relating to and in furtherance of a new 19164
community development program, including the creation of or 19165
participation in a regional transit authority created pursuant to 19166
the Revised Code;19167

       (J) Apply for and accept grants, loans or commitments of 19168
guarantee or insurance including any guarantees of community 19169
authority bonds and notes, from the United States, the state, or 19170
other public body or other sources, and provide any consideration 19171
which may be required in order to obtain such grants, loans or 19172
contracts of guarantee or insurance. Such loans or contracts of 19173
guarantee or insurance may be evidenced by the issuance of bonds 19174
as provided in section 349.08 of the Revised Code;19175

       (K) Procure insurance against loss to it by reason of damage 19176
to its properties resulting from fire, theft, accident, or other 19177
casualties, or by reason of its liability for any damages to 19178
persons or property occurring in the construction or operation of 19179
facilities or areas under its jurisdiction or the conduct of its 19180
activities;19181

       (L) Maintain such funds or reserves as it considers necessary 19182
for the efficient performance of its duties;19183

       (M) Enter agreements with the boards of education of any 19184
school districts in which all or part of the new community 19185
district lies, whereby the community authority may acquire 19186
property for, may construct and equip, and may sell, lease, 19187
dedicate, with or without consideration, or otherwise transfer 19188
lands, schools, classrooms, or other facilities, whether or not 19189
within the new community district, from the authority to the 19190
school district for school and related purposes;19191

       (N) Prepare plans for acquisition and development of lands 19192
and facilities, and enter into agreements with city, county, or 19193
regional planning commissions to perform or obtain all or any part 19194
of planning services for the new community district;19195

       (O) Engage in planning for the new community district, which 19196
may be predominantly residential and open space, and prepare or 19197
approve a development plan or plans therefor, and engage in land 19198
acquisitions and land development in accordance with such plan or 19199
plans;19200

       (P) Issue new community authority bonds and notes and 19201
community authority refunding bonds, payable solely from the 19202
income source provided in section 349.08 of the Revised Code, 19203
unless the bonds are refunded by refunding bonds, for the purpose 19204
of paying any part of the cost as applied to the new community 19205
development program or parts thereof;19206

       (Q) Enforce any covenants running with the land of which the 19207
new community authority is the beneficiary, including but not 19208
limited to the collection by any and all appropriate means of any 19209
community development charge deemed to be a covenant running with 19210
the land and enforceable by the new community authority pursuant 19211
to section 349.07 of the Revised Code; and to waive, reduce, or 19212
terminate any community development charge of which it is the 19213
beneficiary to the extent not needed for any of the purposes 19214
provided in section 349.07 of the Revised Code, the procedure for 19215
which shall be provided in such covenants, and if new community 19216
authority bonds have been issued pledging any such community 19217
development charge, to the extent not prohibited in the resolution 19218
authorizing the issuance of such new community authority bonds or 19219
the trust agreement or indenture of mortgage securing the bonds;19220

       (R) Appropriate for its use, under sections 163.01 to 163.22 19221
of the Revised Code, any land, easement, rights, rights-of-way, 19222
franchises, or other property in the new community district 19223
required by the authority for community facilities. The authority 19224
may not so appropriate any land, easement, rights, rights-of-way, 19225
franchises, or other property that is not included in the new 19226
community district.19227

       (S) In the case of a new community authority established on 19228
or after the effective date of this amendment and before January 19229
1, 2012, enterEnter into any agreements as may be necessary, 19230
appropriate, or useful to support a new community development 19231
program, including, but not limited to, cooperative agreements or 19232
other agreements with political subdivisions for services, 19233
materials, or products; for the administration, calculation, or 19234
collection of community development charges; or for sharing of 19235
revenue derived from community development charges, community 19236
facilities, or other sources. The agreements may be made with or 19237
without consideration as the parties determine.19238

       Sec. 349.07. (A) Notwithstanding any other rule of law, any 19239
covenant or agreement in deeds, land contracts, leases and any 19240
other instruments or conveyance by which real estate or any 19241
interest in real estate is conveyed by or to the developer or by 19242
the new community authority to any person or entity, including the 19243
developer, whereby such person or entity agrees, by acceptance of 19244
any such instrument of conveyance containing said covenant of 19245
agreement, to pay annually or semiannually a community development 19246
charge for the benefit and use of the new community authority to 19247
cover all or part of the cost of the acquisition, construction, 19248
operation and maintenance of land, land development and community 19249
facilities, the debt service thereof and any other cost incurred 19250
by the authority in the exercise of the powers granted by Chapter 19251
349. of the Revised Code shall be deemed to be a covenant running 19252
with the land and shall, in any event and without regard to 19253
technical classification, after such instrument has been duly 19254
recorded in the land records of the county, be fully binding on 19255
behalf of and enforceable by the new community authority against 19256
each such person or entity and all successors and assigns of the 19257
property conveyed by such instrument of conveyance.19258

       (B) No purchase agreement for any real estate or interest in 19259
real estate upon which a community development charge exists by 19260
reason of a covenant running with the land shall be enforceable by 19261
the seller or binding upon the purchaser unless such purchase 19262
agreement specifically refers to such community development charge 19263
and identifies the volume and page number of the deed records of 19264
the county in which the covenant running with the land 19265
establishing such community development charge is recorded, 19266
provided that in the event a conveyance of such real estate or 19267
interest in real estate is made pursuant to a purchase agreement 19268
which does not make such reference and identification, the 19269
covenant shall continue to be deemed to be a covenant running with 19270
the land fully binding on behalf of and enforceable by the 19271
community authority against such person or entity accepting the 19272
conveyance pursuant to such purchase agreement.19273

       (C) When any community development charge is not paid when 19274
due, in addition to any other remedies the new community authority 19275
shall have with respect to collection of such charges, the new 19276
community authority may certify the charge to the county auditor, 19277
who shall enter the unpaid charge on the tax list and duplicates 19278
of real property opposite the parcel against which it is charged, 19279
and certify the charge to the county treasurer. An unpaid 19280
community development charge is a lien on property against which 19281
it is charged from the date the charge is entered on the tax list, 19282
and shall be collected in the manner provided for the collection 19283
of real property taxes. Once the charge is collected, it shall be 19284
paid immediately to the new community district.19285

       (D) No community development charge established pursuant to 19286
this chapter shall be construed as prohibiting or limiting the 19287
taxing power of municipal corporations.19288

       Sec. 349.09.  The issuance of new community authority bonds 19289
and notes or new community authority refunding bonds under this 19290
chapter need not comply with any other law applicable to the 19291
issuance of bonds or notes; however, sections 9.98 and 9.981 to 19292
9.983 and division (A) of section 133.03 of the Revised Code apply 19293
to such bonds and notes.19294

       Sec. 349.14.  Except as provided in section 349.03 of the 19295
Revised Code, or as otherwise provided in a resolution adopted by 19296
the organizational board of commissioners, of a new community 19297
authority established on or after the effective date of this 19298
amendment and before January 1, 2012, a new community authority 19299
organized under this chapter may be dissolved only on the vote of 19300
a majority of the voters of the new community district at a 19301
special election called by the board of trustees on the question 19302
of dissolution. Such an election may be called only after the 19303
board has determined that the new community development program 19304
has been completed, when no community authority bonds or notes are 19305
outstanding, and other legal indebtedness of the authority has 19306
been discharged or provided for, and only after there has been 19307
filed with the board of trustees a petition requesting such 19308
election, signed by a number of qualified electors residing in the 19309
new community district equal to not less than eight per cent of 19310
the total vote cast for all candidates for governor in the new 19311
community district at the most recent general election at which a 19312
governor was elected. If a majority of the votes cast favor 19313
dissolution, the board of trustees shall, by resolution, declare 19314
the authority dissolved and thereupon the community authority 19315
shall be dissolved. A certified copy of the resolution shall, 19316
within fifteen days after its adoption, be filed with the clerk of 19317
the organizational board of county commissioners of the county in19318
with which the petition for the organization of the new community 19319
authority was filed.19320

       Upon dissolution of a new community authority, the powers 19321
thereof shall cease to exist. Any property of the new community 19322
authority whichthat is located within the corporate limits of a 19323
municipality shall vest in that municipal corporation and all 19324
other property of the community authority shall vest in the county 19325
or township in which said property is located, as provided in the 19326
resolution or petition providing for dissolution. Any vesting of 19327
property in a township shall be subject to acceptance of the 19328
property by resolution of the board of township trustees. Any 19329
funds of the community authority at the time of dissolution shall 19330
be transferred to the municipal corporation and county or 19331
township, as provided in the resolution or petition providing for 19332
dissolution, in which the new community district is located in the 19333
proportion to the assessed valuation of taxable real property of 19334
the new community authority within such municipal corporation and 19335
county or township as said valuation appears on the current 19336
assessment rolls.19337

       Sec. 349.17. (A) Any county, notwithstanding any other 19338
provision of law, may enter into an agreement with a new community 19339
authority within its boundaries for the purpose of designating the 19340
new community authority to act on behalf of the county in 19341
exercising the powers and performing the duties described in 19342
Chapter 5721. of the Revised Code with respect to delinquent 19343
property within the boundaries of the new community authority and 19344
the county, in the case that all or a portion of the community 19345
development charges related to the property are not paid when due.19346

        (B) An agreement as described in division (A) of this section 19347
may permit a new community authority to, on behalf of the county, 19348
elect that the alternative redemption period following an 19349
adjudication of foreclosure as set forth in section 323.78 of the 19350
Revised Code apply to foreclosures of property within the new 19351
community district as a result of nonpayment of community 19352
development charges, taxes, or other charges.19353

        (C) The powers extended to a community authority in this 19354
section shall not be construed as a limitation on the powers 19355
granted to a community authority under Chapter 349. of the Revised 19356
Code, but shall be construed as additional powers.19357

       Sec. 501.07.  Lands described in division (A) of section 19358
501.06 of the Revised Code shall continue to be leased under the 19359
terms granted until such time as the lease may expire. At the time 19360
of expiration, subject to section 501.04 of the Revised Code, the 19361
land may be leased again by the board of education of the school 19362
district for whose benefit the land has been allocated or be 19363
offered for sale by public auction or by the receipt of sealed 19364
bids with the sale awarded by the school board to the highest 19365
bidder. Prior to the offering of these lands for sale, the school 19366
board shall have an appraisal made of these lands by at least two 19367
disinterested appraisers. Notification of the sale of these lands, 19368
including the minerals in or on these or other lands, shall be 19369
advertised at least once a week for two consecutive weeks, or as 19370
provided in section 7.16 of the Revised Code, in a newspaper of 19371
general circulation in the county in which the land is located. No 19372
bids shall be accepted for less than the appraised value of the 19373
land.19374

       Sec. 503.05.  When a boundary line between townships is in 19375
dispute, the board of county commissioners, upon application of 19376
the board of township trustees of one of such townships, and upon 19377
notice in writing to the board of township trustees of such civil 19378
township, and on thirty days' public notice printed in a newspaper 19379
publishedof general circulation within the county, shall 19380
establish such boundary line and make a record thereof as provided 19381
by section 503.04 of the Revised Code.19382

       Sec. 503.162.  (A) After certification of a resolution as 19383
provided in section 503.161 of the Revised Code, the board of 19384
elections shall submit the question of whether the township's name 19385
shall be changed to the electors of the unincorporated area of the 19386
township in accordance with division (C) of that section, and the 19387
ballot language shall be substantially as follows:19388

       "Shall the township of .......... (name) change its name to 19389
........ (proposed name)?19390

       .......... For name change19391

       .......... Against name change"19392

       (B)(1) At least forty-five days before the election on this 19393
question, the board of township trustees shall provide notice of 19394
the election and an explanation of the proposed name change in a 19395
newspaper of general circulation in the township once a week for 19396
two consecutive weeks andor as provided in section 7.16 of the 19397
Revised Code. The board of township trustees shall post the notice 19398
and explanation in five conspicuous places in the unincorporated 19399
area of the township.19400

       (2) If the board of elections operates and maintains a web 19401
site, notice of the election and an explanation of the proposed 19402
name change shall be posted on that web site for at least thirty 19403
days before the election on this question.19404

       (C) If a majority of the votes cast on the proposition of 19405
changing the township's name is in the affirmative, the name 19406
change is adopted and becomes effective ninety days after the 19407
board of elections certifies the election results to the fiscal 19408
officer of the township. Upon receipt of the certification of the 19409
election results from the board of elections, the fiscal officer 19410
of the township shall send a copy of that certification to the 19411
secretary of state.19412

       (D) A change in the name of a township shall not alter the 19413
rights or liabilities of the township as previously named.19414

       Sec. 503.41.  (A) A board of township trustees, by 19415
resolution, may regulate and require the registration of massage 19416
establishments and their employees within the unincorporated 19417
territory of the township. In accordance with sections 503.40 to 19418
503.49 of the Revised Code, for that purpose, the board, by a 19419
majority vote of all members, may adopt, amend, administer, and 19420
enforce regulations within the unincorporated territory of the 19421
township.19422

       (B) A board may adopt regulations and amendments under this 19423
section only after public hearing at not fewer than two regular 19424
sessions of the board. The board shall cause to be published in at 19425
least onea newspaper of general circulation in the township, or 19426
as provided in section 7.16 of the Revised Code, notice of the 19427
public hearings, including the time, date, and place, once a week 19428
for two weeks immediately preceding the hearings. The board shall 19429
make available proposed regulations or amendments to the public at 19430
the office of the board.19431

       (C) Regulations or amendments adopted by the board are 19432
effective thirty days after the date of adoption unless, within 19433
thirty days after the adoption of the regulations or amendments, 19434
the township fiscal officer receives a petition, signed by a 19435
number of qualified electors residing in the unincorporated area 19436
of the township equal to not less than ten per cent of the total 19437
vote cast for all candidates for governor in the area at the most 19438
recent general election at which a governor was elected, 19439
requesting the board to submit the regulations or amendments to 19440
the electors of the area for approval or rejection at the next 19441
primary or general election occurring at least ninety days after 19442
the board receives the petition.19443

       No regulation or amendment for which the referendum vote has 19444
been requested is effective unless a majority of the votes cast on 19445
the issue is in favor of the regulation or amendment. Upon 19446
certification by the board of elections that a majority of the 19447
votes cast on the issue was in favor of the regulation or 19448
amendment, the regulation or amendment takes immediate effect.19449

       (D) The board shall make available regulations it adopts or 19450
amends to the public at the office of the board and shall cause to 19451
be published once a notice of the availability of the regulations 19452
in at least onea newspaper of general circulation in the township 19453
within ten days after their adoption or amendment.19454

       (E) Nothing in sections 503.40 to 503.49 of the Revised Code 19455
shall be construed to allow a board of township trustees to 19456
regulate the practice of any limited branch of medicine specified 19457
in section 4731.15 of the Revised Code or the practice of 19458
providing therapeutic massage by a licensed physician, a licensed 19459
chiropractor, a licensed podiatrist, a licensed nurse, or any 19460
other licensed health professional. As used in this division, 19461
"licensed" means licensed, certified, or registered to practice in 19462
this state.19463

       Sec. 504.02.  (A) After certification of a resolution as 19464
provided in division (A) of section 504.01 of the Revised Code, 19465
the board of elections shall submit the question of whether to 19466
adopt a limited home rule government to the electors of the 19467
unincorporated area of the township, and the ballot language shall 19468
be substantially as follows:19469

       "Shall the township of ........... (name) adopt a limited 19470
home rule government, under which government the board of township 19471
trustees, by resolution, may exercise limited powers of local 19472
self-government and limited police powers?19473

...... For adoption of a limited home rule government 19474
...... Against adoption of a limited home rule government" 19475

       (B)(1) At least forty-five days before the election on this 19476
question, the board of township trustees shall have notice of the 19477
election and a description of the proposed limited home rule 19478
government published in a newspaper of general circulation in the 19479
township once a week for two consecutive weeks or as provided in 19480
section 7.16 of the Revised Code, and shall have the notice and 19481
description posted in five conspicuous places in the 19482
unincorporated area of the township.19483

       (2) If a board of elections operates and maintains a web 19484
site, notice of the election and a description of the proposed 19485
limited home rule government shall be posted on that web site for 19486
at least thirty days before the election on this question.19487

       (C) If a majority of the votes cast on the proposition of 19488
adopting a limited home rule government is in the affirmative, 19489
that government is adopted and becomes the government of the 19490
township on the first day of January immediately following the 19491
election.19492

       Sec. 504.03.  (A)(1) If a limited home rule government is 19493
adopted pursuant to section 504.02 of the Revised Code, it shall 19494
remain in effect for at least three years except as otherwise 19495
provided in division (B) of this section. At the end of that 19496
period, if the board of township trustees determines that that 19497
government is not in the best interests of the township, it may 19498
adopt a resolution causing the board of elections to submit to the 19499
electors of the unincorporated area of the township the question 19500
of whether the township should continue the limited home rule 19501
government. The question shall be voted upon at the next general 19502
election occurring at least ninety days after the certification of 19503
the resolution to the board of elections. After certification of 19504
the resolution, the board of elections shall submit the question 19505
to the electors of the unincorporated area of the township, and 19506
the ballot language shall be substantially as follows:19507

       "Shall the township of ........... (name) continue the 19508
limited home rule government under which it is operating?19509

...... For continuation of the limited home rule government 19510
...... Against continuation of the limited home rule government" 19511

       (2)(a) At least forty-five days before the election on the 19512
question of continuing the limited home rule government, the board 19513
of township trustees shall have notice of the election published 19514
in a newspaper of general circulation in the township once a week 19515
for two consecutive weeks or as provided in section 7.16 of the 19516
Revised Code, and shall have the notice posted in five conspicuous 19517
places in the unincorporated area of the township.19518

       (b) If a board of elections operates and maintains a web 19519
site, notice of the election shall be posted on that web site for 19520
at least thirty days before the election on the question of 19521
continuing the limited home rule government.19522

       (B) The electors of a township that has adopted a limited 19523
home rule government may propose at any time by initiative 19524
petition, in accordance with section 504.14 of the Revised Code, a 19525
resolution submitting to the electors in the unincorporated area 19526
of the township, in an election, the question set forth in 19527
division (A)(1) of this section.19528

       (C) If a majority of the votes cast under division (A) or (B) 19529
of this section on the proposition of continuing the limited home 19530
rule government is in the negative, that government is terminated 19531
effective on the first day of January immediately following the 19532
election, and a limited home rule government shall not be adopted 19533
in the unincorporated area of the township pursuant to section 19534
504.02 of the Revised Code for at least three years after that 19535
date.19536

       (D) If a limited home rule government is terminated under 19537
this section, the board of township trustees immediately shall 19538
adopt a resolution repealing all resolutions adopted pursuant to 19539
this chapter that are not authorized by any other section of the 19540
Revised Code outside this chapter, effective on the first day of 19541
January immediately following the election described in division 19542
(A) or (B) of this section. However, no resolution adopted under 19543
this division shall affect or impair the obligations of the 19544
township under any security issued or contracts entered into by 19545
the township in connection with the financing of any water supply 19546
facility or sewer improvement under sections 504.18 to 504.20 of 19547
the Revised Code or the authority of the township to collect or 19548
enforce any assessments or other revenues constituting security 19549
for or source of payments of debt service charges of those 19550
securities.19551

       (E) Upon the termination of a limited home rule government 19552
under this section, if the township had converted its board of 19553
township trustees to a five-member board before September 26, 19554
2003, the current board member who received the lowest number of 19555
votes of the current board members who were elected at the most 19556
recent election for township trustees, and the current board 19557
member who received the lowest number of votes of the current 19558
board members who were elected at the second most recent election 19559
for township trustees, shall cease to be township trustees on the 19560
date that the limited home rule government terminates. Their 19561
offices likewise shall cease to exist at that time, and the board 19562
shall continue as a three-member board as provided in section 19563
505.01 of the Revised Code.19564

       Sec. 504.12.  No resolution and no section or numbered or 19565
lettered division of a section shall be revised or amended unless 19566
the new resolution contains the entire resolution, section, or 19567
division as revised or amended, and the resolution, section, or 19568
division so amended shall be repealed. This requirement does not 19569
prevent the amendment of a resolution by the addition of a new 19570
section, or division, and in this case the full text of the former 19571
resolution need not be set forth, nor does this section prevent 19572
repeals by implication. Except in the case of a codification or 19573
recodification of resolutions, a separate vote shall be taken on 19574
each resolution proposed to be amended. Resolutions that have been 19575
introduced and have received their first reading or their first 19576
and second readings, but have not been voted on for passage, may 19577
be amended or revised by a majority vote of the members of the 19578
board of township trustees, and the amended or revised resolution 19579
need not receive additional readings.19580

       The board of township trustees of a limited home rule 19581
township may revise, codify, and publish in book form the 19582
resolutions of the township in the same manner as provided in 19583
section 731.23 of the Revised Code for municipal corporations. 19584
Resolutions adopted by the board shall be published in the same 19585
manner as provided by sections 731.21, 731.22, 731.24, 731.25, and 19586
731.26 of the Revised Code for municipal corporations, except that 19587
they shall be published in newspapers circulatinga newspaper of 19588
general circulation within the township. The fiscal officer of the 19589
township shall perform the duties that the clerk of the 19590
legislative authority of a municipal corporation is required to 19591
perform under those sections.19592

       The procedures provided in this section apply only to 19593
resolutions adopted pursuant to a township's limited home rule 19594
powers as authorized by this chapter.19595

       Sec. 504.21.  (A) The board of township trustees of a 19596
township that has adopted a limited home rule government may, for 19597
the unincorporated territory in the township, adopt, amend, and 19598
rescind rules establishing technically feasible and economically 19599
reasonable standards to achieve a level of management and 19600
conservation practices that will abate wind or water erosion of 19601
the soil or abate the degradation of the waters of the state by 19602
soil sediment in conjunction with land grading, excavating, 19603
filling, or other soil disturbing activities on land used or being 19604
developed in the township for nonfarm commercial, industrial, 19605
residential, or other nonfarm purposes, and establish criteria for 19606
determination of the acceptability of those management and 19607
conservation practices. The rules shall be designed to implement 19608
the applicable areawide waste treatment management plan prepared 19609
under section 208 of the "Federal Water Pollution Control Act," 86 19610
Stat. 816 (1972), 33 U.S.C.A. 1228, as amended, and to implement 19611
phase II of the storm water program of the national pollutant 19612
discharge elimination system established in 40 C.F.R. Part 122. 19613
The rules to implement phase II of the storm water program of the 19614
national pollutant discharge elimination system shall not be 19615
inconsistent with, more stringent than, or broader in scope than 19616
the rules or regulations adopted by the environmental protection 19617
agency under 40 C.F.R. Part 122. The rules adopted under this 19618
section shall not apply inside the limits of municipal 19619
corporations, to lands being used in a strip mine operation as 19620
defined in section 1513.01 of the Revised Code, or to land being 19621
used in a surface mine operation as defined in section 1514.01 of 19622
the Revised Code.19623

       The rules adopted under this section may require persons to 19624
file plans governing erosion control, sediment control, and water 19625
management before clearing, grading, excavating, filling, or 19626
otherwise wholly or partially disturbing one or more contiguous 19627
acres of land owned by one person or operated as one development 19628
unit for the construction of nonfarm buildings, structures, 19629
utilities, recreational areas, or other similar nonfarm uses. If 19630
the rules require plans to be filed, the rules shall do all of the 19631
following:19632

       (1) Designate the board itself, its employees, or another 19633
agency or official to review and approve or disapprove the plans;19634

       (2) Establish procedures and criteria for the review and 19635
approval or disapproval of the plans;19636

        (3) Require the designated entity to issue a permit to a 19637
person for the clearing, grading, excavating, filling, or other 19638
project for which plans are approved and to deny a permit to a 19639
person whose plans have been disapproved;19640

        (4) Establish procedures for the issuance of the permits;19641

        (5) Establish procedures under which a person may appeal the 19642
denial of a permit.19643

       Areas of less than one contiguous acre shall not be exempt 19644
from compliance with other provisions of this section or rules 19645
adopted under this section. The rules adopted under this section 19646
may impose reasonable filing fees for plan review, permit 19647
processing, and field inspections.19648

       No permit or plan shall be required for a public highway, 19649
transportation, or drainage improvement or maintenance project 19650
undertaken by a government agency or political subdivision in 19651
accordance with a statement of its standard sediment control 19652
policies that is approved by the board or the chief of the 19653
division of soil and water resources in the department of natural 19654
resources.19655

       (B) Rules or amendments may be adopted under this section 19656
only after public hearings at not fewer than two regular sessions 19657
of the board of township trustees. The board shall cause to be 19658
published, in a newspaper of general circulation in the township, 19659
notice of the public hearings, including time, date, and place, 19660
once a week for two weeks immediately preceding the hearings, or 19661
as provided in section 7.16 of the Revised Code. The proposed 19662
rules or amendments shall be made available by the board to the 19663
public at the board office or other location indicated in the 19664
notice. The rules or amendments shall take effect on the 19665
thirty-first day following the date of their adoption.19666

       (C) The board of township trustees may employ personnel to 19667
assist in the administration of this section and the rules adopted 19668
under it. The board also, if the action does not conflict with the 19669
rules, may delegate duties to review sediment control and water 19670
management plans to its employees, and may enter into agreements 19671
with one or more political subdivisions, other township officials, 19672
or other government agencies, in any combination, in order to 19673
obtain reviews and comments on plans governing erosion control, 19674
sediment control, and water management or to obtain other services 19675
for the administration of the rules adopted under this section.19676

       (D) The board of township trustees or any duly authorized 19677
representative of the board may, upon identification to the owner 19678
or person in charge, enter any land upon obtaining agreement with 19679
the owner, tenant, or manager of the land in order to determine 19680
whether there is compliance with the rules adopted under this 19681
section. If the board or its duly authorized representative is 19682
unable to obtain such an agreement, the board or representative 19683
may apply for, and a judge of the court of common pleas for the 19684
county where the land is located may issue, an appropriate 19685
inspection warrant as necessary to achieve the purposes of this 19686
section.19687

       (E)(1) If the board of township trustees or its duly 19688
authorized representative determines that a violation of the rules 19689
adopted under this section exists, the board or representative may 19690
issue an immediate stop work order if the violator failed to 19691
obtain any federal, state, or local permit necessary for sediment 19692
and erosion control, earth movement, clearing, or cut and fill 19693
activity. In addition, if the board or representative determines 19694
such a rule violation exists, regardless of whether or not the 19695
violator has obtained the proper permits, the board or 19696
representative may authorize the issuance of a notice of 19697
violation. If, after a period of not less than thirty days has 19698
elapsed following the issuance of the notice of violation, the 19699
violation continues, the board or its duly authorized 19700
representative shall issue a second notice of violation. Except as 19701
provided in division (E)(3) of this section, if, after a period of 19702
not less than fifteen days has elapsed following the issuance of 19703
the second notice of violation, the violation continues, the board 19704
or its duly authorized representative may issue a stop work order 19705
after first obtaining the written approval of the prosecuting 19706
attorney of the county in which the township is located if, in the 19707
opinion of the prosecuting attorney, the violation is egregious.19708

       Once a stop work order is issued, the board or its duly 19709
authorized representative shall request, in writing, the 19710
prosecuting attorney to seek an injunction or other appropriate 19711
relief in the court of common pleas to abate excessive erosion or 19712
sedimentation and secure compliance with the rules adopted under 19713
this section. If the prosecuting attorney seeks an injunction or 19714
other appropriate relief, then, in granting relief, the court of 19715
common pleas may order the construction of sediment control 19716
improvements or implementation of other control measures and may 19717
assess a civil fine of not less than one hundred or more than five 19718
hundred dollars. Each day of violation of a rule or stop work 19719
order issued under this section shall be considered a separate 19720
violation subject to a civil fine.19721

       (2) The person to whom a stop work order is issued under this 19722
section may appeal the order to the court of common pleas of the 19723
county in which it was issued, seeking any equitable or other 19724
appropriate relief from that order.19725

       (3) No stop work order shall be issued under this section 19726
against any public highway, transportation, or drainage 19727
improvement or maintenance project undertaken by a government 19728
agency or political subdivision in accordance with a statement of 19729
its standard sediment control policies that is approved by the 19730
board or the chief of the division of soil and water resources in 19731
the department of natural resources.19732

       (F) No person shall violate any rule adopted or order issued 19733
under this section. Notwithstanding division (E) of this section, 19734
if the board of township trustees determines that a violation of 19735
any rule adopted or administrative order issued under this section 19736
exists, the board may request, in writing, the prosecuting 19737
attorney of the county in which the township is located, to seek 19738
an injunction or other appropriate relief in the court of common 19739
pleas to abate excessive erosion or sedimentation and secure 19740
compliance with the rules or order. In granting relief, the court 19741
of common pleas may order the construction of sediment control 19742
improvements or implementation of other control measures and may 19743
assess a civil fine of not less than one hundred or more than five 19744
hundred dollars. Each day of violation of a rule adopted or 19745
administrative order issued under this section shall be considered 19746
a separate violation subject to a civil fine.19747

       Sec. 505.101.  The board of township trustees of any township 19748
may, by resolution, enter into a contract, without advertising or 19749
bidding, for the purchase or sale of materials, equipment, or 19750
supplies from or to any department, agency, or political 19751
subdivision of the state, for the purchase of services with a soil 19752
and water conservation district established under Chapter 1515. of 19753
the Revised Code, or for the purchase of supplies, services, 19754
materials, and equipment with a regional planning commission 19755
pursuant to division (D) of section 713.23 of the Revised Code, or 19756
for the purchase of services from an educational service center 19757
under section 3313.846 of the Revised Code. The resolution shall:19758

       (A) Set forth the maximum amount to be paid as the purchase 19759
price for the materials, equipment, supplies, or services;19760

       (B) Describe the type of materials, equipment, supplies, or 19761
services that are to be purchased;19762

       (C) Appropriate sufficient funds to pay the purchase price 19763
for the materials, equipment, supplies, or services, except that 19764
no such appropriation is necessary if funds have been previously 19765
appropriated for the purpose and remain unencumbered at the time 19766
the resolution is adopted.19767

       Sec. 505.108.  Except as otherwise provided in this section 19768
and unless the property involved is required to be disposed of 19769
pursuant to another section of the Revised Code, property that is 19770
unclaimed for ninety days or more shall be sold by the chief of 19771
police or other head of the organized police department of the 19772
township, township police district, joint township police 19773
district, or office of a township constable at public auction, 19774
after notice of the sale has been provided by publication once a 19775
week for three successive weeks in a newspaper of general 19776
circulation, or as provided in section 7.16 of the Revised Code,19777
in the county, or counties, if appropriate, in the case of a joint 19778
township police district. The proceeds of the sale shall be paid 19779
to the fiscal officer of the township and credited to the township 19780
general fund, except that, in the case of a joint township police 19781
district, the proceeds of a sale shall be paid to the fiscal 19782
officer of the most populous participating township and credited 19783
to the appropriate township general fund or funds according to 19784
agreement of the participating townships.19785

       If authorized to do so by a resolution adopted by the board 19786
of township trustees or, in the case of a joint township police 19787
district, each participating board of township trustees, and if 19788
the property involved is not required to be disposed of pursuant 19789
to another section of the Revised Code, the head of the 19790
department, district, or office may contribute property that is 19791
unclaimed for ninety days or more to one or more public agencies, 19792
to one or more nonprofit organizations no part of the net income 19793
of which inures to the benefit of any private shareholder or 19794
individual and no substantial part of the activities of which 19795
consists of carrying on propaganda or otherwise attempting to 19796
influence legislation, or to one or more organizations satisfying 19797
section 501(c)(3) or (c)(19) of the Internal Revenue Code of 1986.19798

       Sec. 505.17.  (A) Except in a township or portion of a 19799
township that is within the limits of a municipal corporation, the 19800
board of township trustees may make regulations and orders as are 19801
necessary to control passenger car, motorcycle, and internal 19802
combustion engine noise, as permitted under section 4513.221 of 19803
the Revised Code, and all vehicle parking in the township. This 19804
authorization includes, among other powers, the power to regulate 19805
parking on established roadways proximate to buildings on private 19806
property as necessary to provide access to the property by public 19807
safety vehicles and equipment, if the property is used for 19808
commercial purposes, the public is permitted to use the parking 19809
area, and accommodation for more than ten motor vehicles is 19810
provided, and the power to authorize the issuance of orders 19811
limiting or prohibiting parking on any township street or highway 19812
during a snow emergency declared pursuant to a snow-emergency 19813
authorization adopted under this division. All such regulations 19814
and orders shall be subject to the limitations, restrictions, and 19815
exceptions in sections 4511.01 to 4511.76 and 4513.02 to 4513.37 19816
of the Revised Code.19817

       A board of township trustees may adopt a general 19818
snow-emergency authorization, which becomes effective under 19819
division (B)(1) of this section, allowing the president of the 19820
board or some other person specified in the authorization to issue 19821
an order declaring a snow emergency and limiting or prohibiting 19822
parking on any township street or highway during the snow 19823
emergency. Any such order becomes effective under division (B)(2) 19824
of this section. Each general snow-emergency authorization adopted 19825
under this division shall specify the weather conditions under 19826
which a snow emergency may be declared in that township.19827

       (B)(1) All regulations and orders, including any 19828
snow-emergency authorization established by the board under this 19829
section, except for an order declaring a snow emergency as 19830
provided in division (B)(2) of this section, shall be posted by 19831
the township fiscal officer in five conspicuous public places in 19832
the township for thirty days before becoming effective, and shall 19833
be published in a newspaper of general circulation in the township 19834
for three consecutive weeks or as provided in section 7.16 of the 19835
Revised Code. In addition to these requirements, no general 19836
snow-emergency authorization shall become effective until 19837
permanent signs giving notice that parking is limited or 19838
prohibited during a snow emergency are properly posted, in 19839
accordance with any applicable standards adopted by the department 19840
of transportation, along streets or highways specified in the 19841
authorization.19842

       (2) Pursuant to the adoption of a snow-emergency 19843
authorization under this section, an order declaring a snow 19844
emergency becomes effective two hours after the president of the 19845
board or the other person specified in the general snow-emergency 19846
authorization makes an announcement of a snow emergency to the 19847
local news media. The president or other specified person shall 19848
request the local news media to announce that a snow emergency has 19849
been declared, the time the declaration will go into effect, and 19850
whether the snow emergency will remain in effect for a specified 19851
period of time or indefinitely until canceled by a subsequent 19852
announcement to the local news media by the president or other 19853
specified person.19854

       (C) Such regulations and orders may be enforced where traffic 19855
control devices conforming to section 4511.09 of the Revised Code 19856
are prominently displayed. Parking regulations authorized by this 19857
section do not apply to any state highway unless the parking 19858
regulations are approved by the director of transportation.19859

       (D) A board of township trustees or its designated agent may 19860
order into storage any vehicle parked in violation of a township 19861
parking regulation or order, if the violation is not one that is 19862
required to be handled pursuant to Chapter 4521. of the Revised 19863
Code. The owner or any lienholder of a vehicle ordered into 19864
storage may claim the vehicle upon presentation of proof of 19865
ownership, which may be evidenced by a certificate of title to the 19866
vehicle, and payment of all expenses, charges, and fines incurred 19867
as a result of the parking violation and removal and storage of 19868
the vehicle.19869

       (E) Whoever violates any regulation or order adopted pursuant 19870
to this section is guilty of a minor misdemeanor, unless the 19871
township has enacted a regulation pursuant to division (A) of 19872
section 4521.02 of the Revised Code, that specifies that the 19873
violation shall not be considered a criminal offense and shall be 19874
handled pursuant to Chapter 4521. of the Revised Code. Fines 19875
levied and collected under this section shall be paid into the 19876
township general revenue fund.19877

       Sec. 505.264.  (A) As used in this section, "energy 19878
conservation measure" means an installation or modification of an 19879
installation in, or remodeling of, an existing building, to reduce 19880
energy consumption. It includes the following:19881

       (1) Insulation of the building structure and of systems 19882
within the building;19883

       (2) Storm windows and doors, multiglazed windows and doors, 19884
heat-absorbing or heat-reflective glazed and coated window and 19885
door systems, additional glazing, reductions in glass area, and 19886
other window and door system modifications that reduce energy 19887
consumption;19888

       (3) Automatic energy control systems;19889

       (4) Heating, ventilating, or air conditioning system 19890
modifications or replacements;19891

       (5) Caulking and weatherstripping;19892

       (6) Replacement or modification of lighting fixtures to 19893
increase the energy efficiency of the system without increasing 19894
the overall illumination of a facility, unless an increase in 19895
illumination is necessary to conform to the applicable state or 19896
local building code for the proposed lighting system;19897

       (7) Energy recovery systems;19898

       (8) Cogeneration systems that produce steam or forms of 19899
energy such as heat, as well as electricity, for use primarily 19900
within a building or complex of buildings;19901

       (9) Any other modification, installation, or remodeling 19902
approved by the board of township trustees as an energy 19903
conservation measure.19904

       (B) For the purpose of evaluating township buildings for 19905
energy conservation measures, a township may contract with an 19906
architect, professional engineer, energy services company, 19907
contractor, or other person experienced in the design and 19908
implementation of energy conservation measures for a report that 19909
analyzes the buildings' energy needs and presents recommendations 19910
for building installations, modifications of existing 19911
installations, or building remodeling that would significantly 19912
reduce energy consumption in the buildings owned by that township. 19913
The report shall include estimates of all costs of the 19914
installations, modifications, or remodeling, including costs of 19915
design, engineering, installation, maintenance, and repairs, and 19916
estimates of the amounts by which energy consumption could be 19917
reduced.19918

       (C) A township desiring to implement energy conservation 19919
measures may proceed under either of the following methods:19920

       (1) Using a report or any part of a report prepared under 19921
division (B) of this section, advertise for bids and comply with 19922
the bidding procedures set forth in sections 307.86 to 307.92 of 19923
the Revised Code;19924

       (2) Request proposals from at least three vendors for the 19925
implementation of energy conservation measures. Prior to sending 19926
any installer of energy conservation measures a copy of any such 19927
request, the township shall advertise its intent to request 19928
proposals for the installation of energy conservation measures in 19929
a newspaper of general circulation in the township once a week for 19930
two consecutive weeks or as provided in section 7.16 of the 19931
Revised Code. The notice shall state that the township intends to 19932
request proposals for the installation of energy conservation 19933
measures; indicate the date, which shall be at least ten days 19934
after the second publication, on which the request for proposals 19935
will be mailed to installers of energy conservation measures; and 19936
state that any installer of energy conservation measures 19937
interested in receiving the request for proposal shall submit 19938
written notice to the township not later than noon of the day on 19939
which the request for proposal will be mailed.19940

       Upon receiving the proposals, the township shall analyze them 19941
and select the proposal or proposals most likely to result in the 19942
greatest energy savings considering the cost of the project and 19943
the township's ability to pay for the improvements with current 19944
revenues or by financing the improvements. The awarding of a 19945
contract to install energy conservation measures under division 19946
(C)(2) of this section shall be conditioned upon a finding by the 19947
township that the amount of money spent on energy savings measures 19948
is not likely to exceed the amount of money the township would 19949
save in energy and operating costs over ten years or a lesser 19950
period as determined by the township or, in the case of contracts 19951
for cogeneration systems, over five years or a lesser period as 19952
determined by the township. Nothing in this section prohibits a 19953
township from rejecting all proposals or from selecting more than 19954
one proposal.19955

       (D) A board of township trustees may enter into an 19956
installment payment contract for the purchase and installation of 19957
energy conservation measures. Any provisions of those installment 19958
payment contracts that deal with interest charges and financing 19959
terms shall not be subject to the competitive bidding procedures 19960
of section 307.86 of the Revised Code. Unless otherwise approved 19961
by a resolution of the board, an installment payment contract 19962
entered into by a board of township trustees under this section 19963
shall require the board to contract in accordance with the 19964
procedures set forth in section 307.86 of the Revised Code for the 19965
installation, modification, or remodeling of energy conservation 19966
measures pursuant to this section.19967

       (E) The board may issue securities of the township specifying 19968
the terms of the purchase and securing the deferred payments, 19969
payable at the times provided and bearing interest at a rate not 19970
exceeding the rate determined as provided in section 9.95 of the 19971
Revised Code. The maximum maturity of the securities shall be as 19972
provided in division (B)(7)(g) of section 133.20 of the Revised 19973
Code. The securities may contain an option for prepayment and 19974
shall not be subject to Chapter 133. of the Revised Code. Revenues 19975
derived from local taxes or otherwise, for the purpose of 19976
conserving energy or for defraying the current operating expenses 19977
of the township, may be applied to the payment of interest and the 19978
retirement of the securities. The securities may be sold at 19979
private sale or given to the contractor under the installment 19980
payment contract authorized by division (D) of this section.19981

       (F) Debt incurred under this section shall not be included in 19982
the calculation of the net indebtedness of a township under 19983
section 133.09 of the Revised Code.19984

       Sec. 505.28.  The board of township trustees may create a 19985
waste disposal district under sections 505.27 to 505.33 of the 19986
Revised Code, by a unanimous vote of the board and give notice 19987
thereof by a publication in two newspapersa newspaper of general 19988
circulation in the township. If, within thirty days after such 19989
publication, a protest petition is filed with the board, signed by 19990
at least fifty per cent of the electors residing in the district, 19991
the act of the board in creating such district shall be void. If a 19992
petition is filed with the board asking for the creation of such a 19993
district in the township, accompanied by a map clearly showing the 19994
boundaries of such district, and signed by at least sixty-five per 19995
cent of the electors residing therein, with addresses of such 19996
signers, the board shall, within sixty days, create such a 19997
district.19998

       Each district shall be given a name, and the entire cost of 19999
any necessary equipment and labor shall be apportioned against 20000
each district by the respective boards.20001

       Sec. 505.373.  The board of township trustees may, by 20002
resolution, adopt by incorporation by reference a standard code 20003
pertaining to fire, fire hazards, and fire prevention prepared and 20004
promulgated by the state or any department, board, or other agency 20005
of the state, or any such code prepared and promulgated by a 20006
public or private organization that publishes a model or standard 20007
code.20008

       After the adoption of the code by the board, a notice clearly 20009
identifying the code, stating the purpose of the code, and stating 20010
that a complete copy of the code is on file with the township 20011
fiscal officer for inspection by the public and also on file in 20012
the law library of the county in which the township is located and 20013
that the fiscal officer has copies available for distribution to 20014
the public at cost, shall be posted by the fiscal officer in five 20015
conspicuous places in the township for thirty days before becoming 20016
effective. The notice required by this section shall also be 20017
published in a newspaper of general circulation in the township 20018
once a week for three consecutive weeks or as provided in section 20019
7.16 of the Revised Code. If the adopting township amends or 20020
deletes any provision of the code, the notice shall contain a 20021
brief summary of the deletion or amendment.20022

       If the agency that originally promulgated or published the 20023
code thereafter amends the code, any township that has adopted the 20024
code pursuant to this section may adopt the amendment or change by 20025
incorporation by reference in the same manner as provided for 20026
adoption of the original code.20027

       Sec. 505.55.  In the event that need for a township police 20028
district ceases to exist, the township trustees by a two-thirds 20029
vote of the board shall adopt a resolution specifying the date 20030
that the township police district shall cease to exist and provide 20031
for the disposal of all property belonging to the district by 20032
public sale. Such sale must be by public auction and upon notice 20033
thereof being published once a week for three weeks in a newspaper 20034
published, or of general circulation in such township, theor as 20035
provided in section 7.16 of the Revised Code. The last of such 20036
publications toshall be made at least five days before the date 20037
of the sale. Any moneys remaining after the dissolution of the 20038
district or received from the public sale of property shall be 20039
paid into the treasury of the township and may be expended for any 20040
public purpose when duly authorized by the township board of 20041
trustees.20042

       Sec. 505.73. (A) The board of township trustees may, by 20043
resolution, adopt by incorporation by reference, administer, and 20044
enforce within the unincorporated area of the township an existing 20045
structures code pertaining to the repair and continued maintenance 20046
of structures and the premises of those structures. For that 20047
purpose, the board shall adopt any model or standard code prepared 20048
and promulgated by this state, any department, board, or agency of 20049
this state, or any public or private organization that publishes a 20050
recognized model or standard code on the subject. The board shall 20051
ensure that the code adopted governs subject matter not addressed 20052
by the state residential building code and that it is fully 20053
compatible with the state residential and nonresidential building 20054
codes the board of building standards adopts pursuant to section 20055
3781.10 of the Revised Code.20056

       (B) The board shall assign the duties of administering and 20057
enforcing the existing structures code to a township officer or 20058
employee who is trained and qualified for those duties and shall 20059
establish by resolution the minimum qualifications necessary to 20060
perform those duties.20061

       (C)(1) After the board adopts an existing structures code, 20062
the township fiscal officer shall post a notice that clearly 20063
identifies the code, states the code's purpose, and states that a 20064
complete copy of the code is on file for inspection by the public 20065
with the fiscal officer and in the county law library and that the 20066
fiscal officer has copies available for distribution to the public 20067
at cost.20068

       (2) The township fiscal officer shall post the notice in five 20069
conspicuous places in the township for thirty days before the code 20070
becomes effective and shall publish the notice in a newspaper of 20071
general circulation in the township for three consecutive weeks or 20072
as provided in section 7.16 of the Revised Code. If the adopting 20073
township amends or deletes any provision of the code, the notice 20074
shall contain a brief summary of the deletion or amendment.20075

       (D) If the agency that originally promulgated or published 20076
the existing structures code amends the code, the board may adopt 20077
the amendment or change by incorporation by reference in the 20078
manner provided for the adoption of the original code.20079

       Sec. 507.09.  (A) Except as otherwise provided in division 20080
(D) of this section, the township fiscal officer shall be entitled 20081
to compensation as follows:20082

       (1) In townships having a budget of fifty thousand dollars or 20083
less, three thousand five hundred dollars;20084

       (2) In townships having a budget of more than fifty thousand 20085
but not more than one hundred thousand dollars, five thousand five 20086
hundred dollars;20087

       (3) In townships having a budget of more than one hundred 20088
thousand but not more than two hundred fifty thousand dollars, 20089
seven thousand seven hundred dollars;20090

       (4) In townships having a budget of more than two hundred 20091
fifty thousand but not more than five hundred thousand dollars, 20092
nine thousand nine hundred dollars;20093

       (5) In townships having a budget of more than five hundred 20094
thousand but not more than seven hundred fifty thousand dollars, 20095
eleven thousand dollars;20096

       (6) In townships having a budget of more than seven hundred 20097
fifty thousand but not more than one million five hundred thousand 20098
dollars, thirteen thousand two hundred dollars;20099

       (7) In townships having a budget of more than one million 20100
five hundred thousand but not more than three million five hundred 20101
thousand dollars, fifteen thousand four hundred dollars;20102

       (8) In townships having a budget of more than three million 20103
five hundred thousand dollars but not more than six million 20104
dollars, sixteen thousand five hundred dollars;20105

       (9) In townships having a budget of more than six million 20106
dollars, seventeen thousand six hundred dollars.20107

       (B) Any township fiscal officer may elect to receive less 20108
than the compensation the fiscal officer is entitled to under 20109
division (A) of this section. Any township fiscal officer electing 20110
to do this shall so notify the board of township trustees in 20111
writing, and the board shall include this notice in the minutes of 20112
its next board meeting.20113

       (C) The compensation of the township fiscal officer shall be 20114
paid in equal monthly payments. If the office of township fiscal 20115
officer is held by more than one person during any calendar year, 20116
each person holding the office shall receive payments for only 20117
those months, and any fractions of those months, during which the 20118
person holds the office.20119

       The board of township trustees may establish, by resolution, 20120
a method of compensating the township fiscal officer from the 20121
township general fund or from other township funds based on the 20122
proportion of time the township fiscal officer spends providing 20123
services related to each fund. If the board adopts such a 20124
resolution, the board shall require the township fiscal officer to 20125
document and to notify the board periodically of the amount of 20126
time the township fiscal officer spends providing services related 20127
to each fund.20128

       (D) Beginning in calendar year 1999, the township fiscal 20129
officer shall be entitled to compensation as follows:20130

       (1) In calendar year 1999, the compensation specified in 20131
division (A) of this section increased by three per cent;20132

       (2) In calendar year 2000, the compensation determined under 20133
division (D)(1) of this section increased by three per cent;20134

       (3) In calendar year 2001, the compensation determined under 20135
division (D)(2) of this section increased by three per cent;20136

       (4) In calendar year 2002, except in townships having a 20137
budget of more than six million dollars, the compensation 20138
determined under division (D)(3) of this section increased by 20139
three per cent; in townships having a budget of more than six 20140
million but not more than ten million dollars, nineteen thousand 20141
eight hundred ten dollars; and in townships having a budget of 20142
more than ten million dollars, twenty thousand nine hundred 20143
dollars;20144

       (5) In calendar year 2003, the compensation determined under 20145
division (D)(4) of this section increased by three per cent or the 20146
percentage increase in the consumer price index as described in 20147
division (D)(7)(b) of this section, whichever percentage is lower;20148

       (6) In calendar year 2004, except in townships having a 20149
budget of more than six million dollars, the compensation 20150
determined under division (D)(5) of this section for the calendar 20151
year 2003 increased by three per cent or the percentage increase 20152
in the consumer price index as described in division (D)(7)(b) of 20153
this section, whichever percentage is lower; in townships having a 20154
budget of more than six million but not more than ten million 20155
dollars, twenty-two thousand eighty-seven dollars; and in 20156
townships having a budget of more than ten million dollars, 20157
twenty-five thousand five hundred fifty-three dollars;20158

       (7) In calendar years 2005 through 2008, the compensation 20159
determined under division (D) of this section for the immediately 20160
preceding calendar year increased by the lesser of the following:20161

       (a) Three per cent;20162

       (b) The percentage increase, if any, in the consumer price 20163
index over the twelve-month period that ends on the thirtieth day 20164
of September of the immediately preceding calendar year, rounded 20165
to the nearest one-tenth of one per cent;20166

       (8) In calendar year 2009 and thereafter, the amount 20167
determined under division (D) of this section for calendar year 20168
2008.20169

       As used in this division, "consumer price index" has the same 20170
meaning as in section 325.18 of the Revised Code.20171

       Sec. 511.23.  (A) When the vote under section 511.22 of the 20172
Revised Code is in favor of establishing one or more public parks, 20173
the board of park commissioners shall constitute a board, to be 20174
called the board of park commissioners of that township park 20175
district, and they shall be a body politic and corporate. Their 20176
office is not a township office within the meaning of section 20177
703.22 of the Revised Code but is an office of the township park 20178
district. The members of the board shall serve without 20179
compensation but shall be allowed their actual and necessary 20180
expenses incurred in the performance of their duties.20181

       (B) The board may locate, establish, improve, maintain, and 20182
operate a public park or parks in accordance with division (B) of 20183
section 511.18 of the Revised Code, with or without recreational 20184
facilities. Any township park district that contains only 20185
unincorporated territory and that operated a public park or parks 20186
outside the township immediately prior to July 18, 1990, may 20187
continue to improve, maintain, and operate these parks outside the 20188
township, but further acquisitions of land shall not affect the 20189
boundaries of the park district itself or the appointing authority 20190
for the board of park commissioners.20191

       The board may lease, accept a conveyance of, or purchase 20192
suitable lands for cash, by purchase by installment payments with 20193
or without a mortgage, by lease or lease-purchase agreements, or 20194
by lease with option to purchase, may acquire suitable lands 20195
through an exchange under section 511.241 of the Revised Code, or 20196
may appropriate suitable lands and materials for park district 20197
purposes. The board also may lease facilities from other political 20198
subdivisions or private sources. The board shall have careful 20199
surveys and plats made of the lands acquired for park district 20200
purposes and shall establish permanent monuments on the boundaries 20201
of the lands. Those plats, when executed according to sections 20202
711.01 to 711.38 of the Revised Code, shall be recorded in the 20203
office of the county recorder, and those records shall be 20204
admissible in evidence for the purpose of locating and 20205
ascertaining the true boundaries of the park or parks.20206

       (C) In furtherance of the use and enjoyment of the lands 20207
controlled by it, the board may accept donations of money or other 20208
property or act as trustees of land, money, or other property, and 20209
may use and administer the land, money, or other property as 20210
stipulated by the donor or as provided in the trust agreement. 20211

       The board may receive and expend grants for park purposes 20212
from agencies and instrumentalities of the United States and this 20213
state and may enter into contracts or agreements with those 20214
agencies and instrumentalities to carry out the purposes for which 20215
the grants were furnished.20216

       (D) In exercising any powers conferred upon the board under 20217
divisions (B) and (C) of this section and for other types of 20218
assistance that the board finds necessary in carrying out its 20219
duties, the board may hire and contract for professional, 20220
technical, consulting, and other special services and may purchase 20221
goods and award contracts. The procuring of goods and awarding of 20222
contracts shall be done in accordance with the procedures 20223
established for the board of county commissioners by sections 20224
307.86 to 307.91 of the Revised Code.20225

       (E) The board may appoint an executive for the park or parks 20226
and may designate the executive or another person as the clerk of 20227
the board. It may appoint all other necessary officers and 20228
employees, fix their compensation, and prescribe their duties, or 20229
it may require the executive to appoint all other necessary 20230
officers and employees, and to fix their compensation and 20231
prescribe their duties, in accordance with guidelines and policies 20232
adopted by the board.20233

       (F) The board may adopt bylaws and rules that it considers 20234
advisable for the following purposes:20235

       (1) To prohibit selling, giving away, or using any 20236
intoxicating liquors in the park or parks;20237

       (2) For the government and control of the park or parks and 20238
the operation of motor vehicles in the park or parks;20239

       (3) To provide for the protection and preservation of all 20240
property and natural life within its jurisdiction.20241

       Before the bylaws and rules take effect, the board shall 20242
provide for a notice of their adoption to be published once a week 20243
for two consecutive weeks or as provided in section 7.16 of the 20244
Revised Code, in a newspaper of general circulation in the county 20245
within which the park district is located.20246

       No person shall violate any of the bylaws or rules. Fines 20247
levied and collected for violations shall be paid into the 20248
treasury of the township park district. The board may use moneys 20249
collected from those fines for any purpose that is not 20250
inconsistent with sections 511.18 to 511.37 of the Revised Code.20251

       (G) The board may do either of the following:20252

       (1) Establish and charge fees for the use of any facilities 20253
and services of the park or parks regardless of whether the park 20254
or parks were acquired before, on, or after the effective date of 20255
this amendmentSeptember 21, 2000;20256

       (2) Enter into a lease agreement with an individual or 20257
organization that provides for the exclusive use of a specified 20258
portion of the park or parks within the township park district by 20259
that individual or organization for the duration of an event 20260
produced by the individual or organization. The board, for the 20261
specific portion of the park or parks covered by the lease 20262
agreement, may charge a fee to, or permit the individual or 20263
organization to charge a fee to, participants in and spectators at 20264
the event covered by the agreement.20265

       (H) If the board finds that real or personal property owned 20266
by the township park district is not currently needed for park 20267
purposes, the board may lease that property to other persons or 20268
organizations during any period of time the board determines the 20269
property will not be needed. If the board finds that competitive 20270
bidding on a lease is not feasible, it may lease the property 20271
without taking bids.20272

       (I) The board may exchange property owned by the township 20273
park district for property owned by the state, another political 20274
subdivision, or the federal government on terms that it considers 20275
desirable, without the necessity of competitive bidding.20276

       (J) Any rights or duties established under this section may 20277
be modified, shared, or assigned by an agreement pursuant to 20278
section 755.16 of the Revised Code.20279

       Sec. 511.25.  If the board of park commissioners of a 20280
township park district finds that any lands that the board has 20281
acquired are not necessary for the purposes for which they were 20282
acquired, it may sell and dispose of those lands upon terms that 20283
the board considers advisable and may reject any purchase bid 20284
received under this section that the board determines does not 20285
meet its terms for sale. 20286

       Except as otherwise provided in this section, no lands shall 20287
be sold without first giving notice of the board's intention to 20288
sell the lands by publication once a week for four consecutive 20289
weeks in a newspaper of general circulation in the township or as 20290
provided in section 7.16 of the Revised Code. The notice shall 20291
contain an accurate description of the lands being offered for 20292
sale and shall state the time and place at which sealed bids for 20293
the lands will be received. If the board rejects all of the 20294
purchase bids, it may reoffer the lands for sale in accordance 20295
with this section.20296

       The board also may sell park lands not necessary for district 20297
purposes to another political subdivision, the state, or the 20298
federal government without giving the notices or taking bids as 20299
otherwise required by this section.20300

       No lands acquired by a township park district may be sold 20301
without the approval of the court of common pleas of the county in 20302
which the park district is located, if the court appointed the 20303
board under section 511.18 of the Revised Code, or the approval of 20304
the board of township trustees, if the board of township trustees 20305
appointed the board of park commissioners under section 511.18 of 20306
the Revised Code. 20307

       Sec. 511.28.  A copy of any resolution for a tax levy adopted 20308
by the township board of park commissioners as provided in section 20309
511.27 of the Revised Code shall be certified by the clerk of the 20310
board of park commissioners to the board of elections of the 20311
proper county, together with a certified copy of the resolution 20312
approving the levy, passed by the board of township trustees if 20313
such a resolution is required by division (C) of section 511.27 of 20314
the Revised Code, not less than ninety days before a general or 20315
primary election in any year. The board of elections shall submit 20316
the proposal to the electors as provided in section 511.27 of the 20317
Revised Code at the succeeding general or primary election. A 20318
resolution to renew an existing levy may not be placed on the 20319
ballot unless the question is submitted at the general election 20320
held during the last year the tax to be renewed may be extended on 20321
the real and public utility property tax list and duplicate, or at 20322
any election held in the ensuing year. The board of park 20323
commissioners shall cause notice that the vote will be taken to be 20324
published once a week for two consecutive weeks prior to the 20325
election in a newspaper of general circulation, or as provided in 20326
section 7.16 of the Revised Code, in the county within which the 20327
park district is located. Additionally, if the board of elections 20328
operates and maintains a web site, the board of elections shall 20329
post that notice on its web site for thirty days prior to the 20330
election. The notice shall state the purpose of the proposed levy, 20331
the annual rate proposed expressed in dollars and cents for each 20332
one hundred dollars of valuation as well as in mills for each one 20333
dollar of valuation, the number of consecutive years during which 20334
the levy shall be in effect, and the time and place of the 20335
election.20336

       The form of the ballots cast at the election shall be: "An 20337
additional tax for the benefit of (name of township park district) 20338
.......... for the purpose of (purpose stated in the order of the 20339
board) .......... at a rate not exceeding .......... mills for 20340
each one dollar of valuation, which amounts to (rate expressed in 20341
dollars and cents) .......... for each one hundred dollars of 20342
valuation, for (number of years the levy is to run) ..........20343

        20344

 FOR THE TAX LEVY 20345
 AGAINST THE TAX LEVY  " 20346

        20347

       If the levy submitted is a proposal to renew, increase, or 20348
decrease an existing levy, the form of the ballot specified in 20349
this section may be changed by substituting for the words "An 20350
additional" at the beginning of the form, the words "A renewal of 20351
a" in the case of a proposal to renew an existing levy in the same 20352
amount; the words "A renewal of .......... mills and an increase 20353
of .......... mills to constitute a" in the case of an increase; 20354
or the words "A renewal of part of an existing levy, being a 20355
reduction of .......... mills, to constitute a" in the case of a 20356
decrease in the rate of the existing levy.20357

       If the tax is to be placed on the current tax list, the form 20358
of the ballot shall be modified by adding, after the statement of 20359
the number of years the levy is to run, the phrase ", commencing 20360
in .......... (first year the tax is to be levied), first due in 20361
calendar year .......... (first calendar year in which the tax 20362
shall be due)."20363

       The question covered by the order shall be submitted as a 20364
separate proposition, but may be printed on the same ballot with 20365
any other proposition submitted at the same election, other than 20366
the election of officers. More than one such question may be 20367
submitted at the same election.20368

       Sec. 511.34.  In townships composed of islands, and on one of 20369
which islands lands have been conveyed in trust for the benefit of 20370
the inhabitants of the island for use as a park, and a board of 20371
park trustees has been provided for the control of the park, the 20372
board of township trustees may create a tax district of the island 20373
to raise funds by taxation as provided under divisions (A) and (B) 20374
of this section.20375

       (A) For the care and maintenance of parks on the island, the 20376
board of township trustees annually may levy a tax, not to exceed 20377
one mill, upon all the taxable property in the district. The tax 20378
shall be in addition to all other levies authorized by law, and 20379
subject to no limitation on tax rates except as provided in this 20380
division.20381

       The proceeds of the tax levy shall be expended by the board 20382
of township trustees for the purpose of the care and maintenance 20383
of the parks, and shall be paid out of the township treasury upon 20384
the orders of the board of park trustees.20385

       (B) For the purpose of acquiring additional land for use as a 20386
park, the board of township trustees may levy a tax in excess of 20387
the ten-mill limitation on all taxable property in the district. 20388
The tax shall be proposed by resolution adopted by two-thirds of 20389
the members of the board of township trustees. The resolution 20390
shall specify the purpose and rate of the tax and the number of 20391
years the tax will be levied, which shall not exceed five years, 20392
and which may include a levy on the current tax list and 20393
duplicate. The resolution shall go into immediate effect upon its 20394
passage, and no publication of the resolution is necessary other 20395
than that provided for in the notice of election. The board of 20396
township trustees shall certify a copy of the resolution to the 20397
proper board of elections not later than ninety days before the 20398
primary or general election in the township, and the board of 20399
elections shall submit the question of the tax to the voters of 20400
the district at the succeeding primary or general election. The 20401
board of elections shall make the necessary arrangements for the 20402
submission of the question to the electors of the district, and 20403
the election shall be conducted, canvassed, and certified in the 20404
same manner as regular elections in the township for the election 20405
of officers. Notice of the election shall be published in a 20406
newspaper of general circulation in the township once a week for 20407
two consecutive weeks, or as provided in section 7.16 of the 20408
Revised Code prior to the election and, if. If the board of 20409
elections operates and maintains a web site, notice of the 20410
election also shall be posted on that web site for thirty days 20411
prior to the election. The notice shall state the purpose of the 20412
tax, the proposed rate of the tax expressed in dollars and cents 20413
for each one hundred dollars of valuation and mills for each one 20414
dollar of valuation, the number of years the tax will be in 20415
effect, the first year the tax will be levied, and the time and 20416
place of the election.20417

       The form of the ballots cast at an election held under this 20418
division shall be as follows:20419

       "An additional tax for the benefit of ......... (name of the 20420
township) for the purpose of acquiring additional park land at a 20421
rate of ......... mills for each one dollar of valuation, which 20422
amounts to ........ (rate expressed in dollars and cents) for each 20423
one hundred dollars of valuation, for ......... (number of years 20424
the levy is to run) beginning in ........... (first year the tax 20425
will be levied).20426

        20427

 FOR THE TAX LEVY 20428
 AGAINST THE TAX LEVY  " 20429

        20430

       The question shall be submitted as a separate proposition but 20431
may be printed on the same ballot with any other proposition 20432
submitted at the same election other than the election of 20433
officers. More than one such question may be submitted at the same 20434
election.20435

       If the levy is approved by a majority of electors voting on 20436
the question, the board of elections shall certify the result of 20437
the election to the tax commissioner. In the first year of the 20438
levy, the tax shall be extended on the tax lists after the 20439
February settlement following the election. If the tax is to be 20440
placed on the tax lists of the current year as specified in the 20441
resolution, the board of elections shall certify the result of the 20442
election immediately after the canvass to the board of township 20443
trustees, which shall forthwith make the necessary levy and 20444
certify the levy to the county auditor, who shall extend the levy 20445
on the tax lists for collection. After the first year of the levy, 20446
the levy shall be included in the annual tax budget that is 20447
certified to the county budget commission.20448

       Sec. 513.14.  The board of elections shall advertise the 20449
proposed tax levy question mentioned in section 513.13 of the 20450
Revised Code in two newspapers of opposite political faith, if two 20451
such newspapers are published in the joint township hospital 20452
district, or otherwise in onea newspaper, published or of general 20453
circulation in the proposed township hospital district, once a 20454
week for two consecutive weeks, or as provided in section 7.16 of 20455
the Revised Code, prior to the election and, if. If the board 20456
operates and maintains a web site, the board also shall advertise 20457
that proposed tax levy question on its web site for thirty days 20458
prior to the election.20459

       Sec. 515.04.  The township fiscal officer shall fix a day, 20460
not more than thirty days from the date of notice to the board of 20461
township trustees, for the hearing of the petition authorized by 20462
section 515.02 or 515.16 of the Revised Code. The township fiscal 20463
officer or the fiscal officer's designee shall prepare and deliver 20464
to any of the petitioners a notice in writing directed to the lot 20465
and land owners and to the corporations, either public or private, 20466
affected by the improvement. The notice shall set forth the 20467
substance, pendency, and prayer of the petition and the time and 20468
place of the hearing on it.20469

       A copy of the notice shall be served upon each lot or land 20470
owner or left at the lot or land owner's usual place of residence, 20471
and upon an officer or agent of each corporation having its place 20472
of business in the district or area, at least fifteen days before 20473
the date set for the hearing. On or before the day of the hearing, 20474
the person serving the notice shall make return on it, under oath, 20475
of the time and manner of service and shall file the return with 20476
the township fiscal officer.20477

       The township fiscal officer or the fiscal officer's designee 20478
shall give the notice to each nonresident lot or land owner, by 20479
publication once, in a newspaper published in and of general 20480
circulation in the county in which the district or area is 20481
situated, at least two weeks before the day set for hearing. The 20482
notice shall be verified by affidavit of the printer or other 20483
person knowing the fact and shall be filed with the township 20484
fiscal officer or the fiscal officer's designee on or before the 20485
day of hearing. No further notice of the petition or the 20486
proceedings under it shall thereafter be required.20487

       Sec. 517.12.  The board of township trustees may make rules 20488
specifying the times when cemeteries under its control shall be 20489
closed to the public. The board shall cause the rules to be 20490
published once a week for two consecutive weeks in a newspaper of 20491
general circulation within the township or as provided in section 20492
7.16 of the Revised Code, and may post appropriate notice in the 20493
township as considered necessary.20494

       The purposes of such rules shall be to assure a reasonable 20495
time of access to the cemeteries in view of the differences in 20496
attendance anticipated from past experience as to each, to exclude 20497
attendance at times when no proper purposes could normally be 20498
expected, to permit exceptions to the normal hours of access on 20499
reasonable request with adequate reason provided, and to 20500
facilitate the task of protecting the premises from vandalism, 20501
desecration, and other improper usage.20502

       Whoever violates these rules is guilty of a minor 20503
misdemeanor.20504

       Sec. 517.22.  The board of township trustees or the trustees 20505
or directors of a cemetery association, after notice has first 20506
been given in two newspapersa newspaper of general circulation in 20507
the county, may dispose of, at public sale, and convey any 20508
cemetery under their control that they have determined to 20509
discontinue as burial grounds, but possession of the cemetery 20510
shall not be given to a grantee until after the remains buried in 20511
that cemetery, together with stones and monuments, have been 20512
removed as provided by section 517.21 of the Revised Code.20513

       Sec. 521.03.  On receiving a petition filed under section 20514
521.02 of the Revised Code, or at the request of the board of 20515
township trustees, the township fiscal officer shall fix a time, 20516
not more than thirty days after the date of giving notice of the 20517
filing to the board or the date of receiving the request from the 20518
board, and place for a hearing on the issue of repair or 20519
maintenance of the tiles. The township fiscal officer shall 20520
prepare a notice in writing directed to the lot and land owners 20521
and to the corporations, either public or private, affected by the 20522
improvement. The notice shall set forth the substance of the 20523
petition or board request, and the time and place of the hearing 20524
on it.20525

       If the hearing is to be held in response to a petition, the 20526
township fiscal officer shall deliver a copy of the notice to any 20527
of the petitioners, who shall see that the notice is served on 20528
each lot or land owner or left at the lot or land owner's usual 20529
place of residence, and served on an officer or agent of each 20530
corporation affected by the improvement, at least fifteen days 20531
before the date set for the hearing. If the hearing is to be held 20532
at the request of the board, the board shall see that the notice 20533
is so served. On or before the day of the hearing, the person 20534
serving the notice shall certify, under oath, the time and manner 20535
of service, and shall file this certification with the township 20536
fiscal officer.20537

       The township fiscal officer shall give notice of the hearing 20538
to each nonresident lot or land owner, by publication once, in a 20539
newspaper published in and of general circulation in the county in 20540
which the township is situated, at least two weeks before the day 20541
set for the hearing. This notice shall be verified by affidavit of 20542
the printer or other person knowing the fact, and shall be filed 20543
with the township fiscal officer on or before the day of the 20544
hearing. No further notice of the petition or the proceedings 20545
under it shall thereafter be required.20546

       Sec. 523.01.  The territory of one or more townships may be 20547
merged with that of a contiguous township to create a new 20548
township, in the manner provided under this chapter. The new 20549
township shall have all of, and only, the rights, powers, and 20550
responsibilities afforded by law to townships.20551

       Sec. 523.02.  (A) The boards of township trustees of two or 20552
more townships may propose a merger under section 523.01 of the 20553
Revised Code by adopting resolutions, by a majority vote of each 20554
board of township trustees of each township proposed for merger. 20555
Resolutions adopted under this section shall state all of the 20556
following:20557

       (1) The necessity for merger;20558

       (2) The townships that are to merge;20559

       (3) The official name by which the new township shall be 20560
known;20561

       (4) The boundaries of the new township created as the result 20562
of the merger.20563

       (B) A copy of each resolution adopted under this section 20564
shall be filed with the respective township fiscal officer of each 20565
township that is subject to the merger. The merger shall become 20566
effective on the sixtieth day after the last such filing is 20567
accomplished, unless prior to the expiration of the sixty-day 20568
period, a referendum petition is filed under section 523.03 of the 20569
Revised Code.20570

       Sec. 523.03.  (A) A qualified elector of a township proposed 20571
for merger, not later than sixty days after the filing of a 20572
resolution under division (B) of section 523.02 of the Revised 20573
Code regarding that township, may present to the board of township 20574
trustees of that township a referendum petition, signed by a 20575
number of qualified electors residing in the township, equal in 20576
number to not less than ten per cent of the total vote cast in the 20577
township for governor at the most recent general election at which 20578
a governor was elected, requesting the board to submit the 20579
question of the merger to the electors of the township for 20580
approval or rejection at a special election to be held on the day 20581
of the next primary or general election occurring at least ninety 20582
days after the petition is submitted. The referendum petition 20583
shall be governed by section 3501.38 of the Revised Code.20584

       (B) The referendum petition shall be filed at the office of 20585
the township fiscal officer of the township that is the subject of 20586
the petition. The person presenting the petition shall be given a 20587
receipt containing on it the time of the day, the date, and the 20588
purpose of the petition. The township fiscal officer shall cause 20589
the appropriate board of elections to check the sufficiency of 20590
signatures on the referendum petition and if the signatures are 20591
found to be sufficient, shall present the petition to the board of 20592
township trustees at a meeting of the board that occurs not later 20593
than thirty days following the filing of the petition. Upon 20594
presentation to the board of township trustees of a referendum 20595
petition, the board shall promptly certify the petition to the 20596
board of elections for the purpose of having the question of the 20597
merger placed on the ballot at a special election to be held on 20598
the day of the next general or primary election that occurs not 20599
less than ninety days after the date of the meeting of the board, 20600
the date of which shall be specified in the certification.20601

       (C) Signatures on a referendum petition may be withdrawn up 20602
to and including the meeting of the board of township trustees 20603
certifying the proposal to the appropriate board of elections.20604

       (D) Upon certification of the referendum petition to the 20605
appropriate board of elections, the board of elections shall make 20606
the necessary arrangements for the submission of the question of 20607
merger to the qualified electors of the township proposed for 20608
merger that is the subject of the petition. The election shall be 20609
conducted, canvassed, and certified in the same manner as regular 20610
elections in the township for the election of township officers. 20611
Notice of the election shall be published in a newspaper of 20612
general circulation in the township once a week for two 20613
consecutive weeks prior to the election. If the board of elections 20614
operates and maintains a web site, the board shall post notice of 20615
the election on the web site for thirty days prior to the 20616
election. The notice shall state the necessity for merger, the 20617
townships that are proposed for merger, the official name by which 20618
the new township shall be known, the boundaries of the new 20619
township created as the result of the merger, and the time and 20620
place of the election. The form of the ballots cast at the 20621
election shall read as follows:20622

       "Shall the townships of ................ (Names of all of the 20623
townships to be merged) be merged to create the new township of 20624
................ (Name of new township)?"20625

       (E) No merger for which a referendum vote has been requested 20626
shall be put into effect unless a majority of the votes cast on 20627
the issue in the township that is the subject of the referendum 20628
petition is in favor of the merger. The merger shall take effect 20629
sixty days after certification by the board of elections that the 20630
merger has been approved by the electors.20631

       Sec. 523.04.  (A) A resolution for a merger under this 20632
chapter may be proposed by initiative petition by the electors of 20633
each township being proposed for merger, and adopted by election 20634
by these electors under the same circumstances, in the same 20635
manner, and subject to the same penalties as provided by sections 20636
731.28 to 731.40 and 731.99 of the Revised Code for municipal 20637
corporations, except that all of the following apply:20638

       (1) Each board of township trustees shall perform the duties 20639
imposed on the legislative authority of the municipal corporation 20640
under those sections;20641

       (2) Initiative petitions shall be filed with the township 20642
fiscal officer of each township proposed for merger, who shall 20643
perform the duties imposed under those sections upon the city 20644
auditor or village clerk;20645

       (3) Initiative petitions shall contain the signatures of not 20646
less than ten per cent of the total number of electors in a 20647
township proposed for merger who voted for the office of governor 20648
at the most recent general election in the township for that 20649
office;20650

       (4) Each signer of an initiative petition shall be an elector 20651
of the township in which the election on the proposed resolution 20652
is to be held.20653

       (B) The merger shall take effect sixty days after 20654
certification by the board or boards of elections that the merger 20655
has been approved by the electors of each township proposed for 20656
merger.20657

       Sec. 523.05.  (A) The boards of township trustees of two or 20658
more townships, by adopting resolutions by unanimous vote of the 20659
board of township trustees of each township, may cause the 20660
appropriate board of elections for each township to submit to the 20661
electors of each township the question of merger under section 20662
523.01 of the Revised Code. The question shall be voted upon at 20663
the next general election occurring not less than ninety days 20664
after the certification of the resolutions to the appropriate 20665
board of elections.20666

       (B) In submitting to the electors of each township the 20667
question of merger, the board of elections shall submit the 20668
question in language substantially as follows:20669

       "Shall the townships of ................ (Names of all of the 20670
townships to be merged) be merged to create the new township of 20671
............... (Name of the new township)?"20672

       (C) The merger shall take effect sixty days after 20673
certification by the board or boards of elections that the merger 20674
has been approved by the electors of each township proposed for 20675
merger.20676

       Sec. 523.06.  (A) Within sixty days after a merger takes 20677
effect under division (B) of section 523.02 of the Revised Code, 20678
or after approval of the merger by the electors under section 20679
523.04 or 523.05 of the Revised Code, each board of township 20680
trustees of the townships merged, by adopting a joint resolution 20681
approved by a majority of the members of each board, shall enter 20682
into a merger agreement that contains the specific terms and 20683
conditions of the merger. At a minimum, the merger agreement shall 20684
set forth all of the following:20685

       (1) The names of the former townships that were merged;20686

       (2) The name of the new township;20687

       (3) The place in which the principal office of the new 20688
township will be located or the manner in which it may be 20689
selected;20690

       (4) The territorial boundaries of the new township;20691

       (5) The date on which the merger took effect;20692

       (6) The governmental organization for the new township, 20693
including a plan for electing officers at the next general 20694
election that is held not later than ninety days after the merger 20695
agreement is finalized;20696

       (7) A procedure for the efficient and timely transition of 20697
specific services, functions, and responsibilities from each 20698
township and its respective offices to the new township;20699

       (8) Terms for the disposition of the assets and property of 20700
each township, if necessary;20701

       (9) The liquidation of existing indebtedness for each 20702
township, if necessary;20703

       (10) A plan for the common administration and enforcement of 20704
resolutions of the townships merged, and of ordinances, if a 20705
township is located in a municipal corporation, to be enforced 20706
uniformly within the new township;20707

       (11) A provision that specifies whether there will be any 20708
zoning changes as a result of the merger, if applicable;20709

       (12) A plan to conform the boundaries of an existing special 20710
purpose district with the new township, to dissolve the special 20711
purpose district, or to absorb the special purpose district into 20712
the new township. As used in this division, "special purpose 20713
district" has the meaning in division (F) of section 523.08 of the 20714
Revised Code.20715

       (B) A copy of the joint resolution and the merger agreement 20716
adopted under this section shall be filed with the township fiscal 20717
officer of the new township. The merger agreement shall take 20718
effect on the day on which such filing is made.20719

       (C) If no merger agreement, or if only a partial merger 20720
agreement, is entered into within the time period prescribed by 20721
division (A) of this section, the new township shall comply with 20722
and operate under a merger agreement that contains the terms and 20723
conditions required by section 523.08 of the Revised Code.20724

       Sec. 523.07.  (A) A new township created by merger under this 20725
chapter shall succeed to the following interests of each township 20726
merged:20727

       (1) All money, taxes, and special assessments, whether in the 20728
township treasury or in the process of collection;20729

       (2) All property and interests in property, whether real or 20730
personal;20731

       (3) All rights and interests in contracts, or in securities, 20732
bonds, notes, or other instruments;20733

       (4) All accounts receivable and rights of action;20734

       (5) All other matters not included in this section that are 20735
not addressed in the merger agreement.20736

       (B) A new township created by merger under this chapter is 20737
liable for all outstanding franchises, contracts, debts, and other 20738
legal claims, actions, and obligations of each township merged.20739

       Sec. 523.08.  If a merger agreement is entered into as 20740
required by section 523.06 of the Revised Code, this section does 20741
not apply. If a merger agreement is not entered into under section 20742
523.05 of the Revised Code, the merger agreement shall contain all 20743
of the terms and conditions specified in this section. If a 20744
partial merger agreement is entered into under section 523.05 of 20745
the Revised Code, this section applies only to the extent any term 20746
or condition that is required by section 523.05 of the Revised 20747
Code to be addressed in the merger agreement is not addressed 20748
therein.20749

       The terms and conditions of a merger agreement to which this 20750
section applies shall be as follows:20751

       (A) All members of each board of township trustees shall 20752
serve as board members of the new township. At the first general 20753
election held after a merger is approved, the electors of the new 20754
township shall elect three township trustees for an even number of 20755
years not to exceed four, with staggered terms of office.20756

       (B) The township fiscal officer of the largest township, by 20757
population, shall be the township fiscal officer for the new 20758
township. At the second election held after the merger, the 20759
electors shall elect a township fiscal officer, whose first term 20760
of office shall be modified to an even number of years not to 20761
exceed four to allow subsequent elections for that office to be 20762
held in the same year as other township fiscal officers.20763

       (C) Voted property tax levies shall remain in effect for the 20764
parcels of real property to which they applied prior to the 20765
merger, and the merger shall not affect the proceeds of a tax levy 20766
pledged for the retirement of any debt obligation. Upon expiration 20767
of a property tax levy, the levy may only be replaced or renewed 20768
by vote of the electors in the manner provided by law, to apply to 20769
real property within the boundaries of the new township. If the 20770
millage levied inside the ten-mill limitation of each township 20771
merged is different, the board of township trustees of the new 20772
township shall immediately equalize the millage for the entire new 20773
township.20774

       (D) For purposes of the retirement of all debt obligations of 20775
each township merged, the township fiscal officer shall continue 20776
to track parcels of real property and the tax revenue generated on 20777
those parcels by the tax districts that were in place prior to the 20778
merger, and shall provide that information on an annual basis to 20779
the board of township trustees of the new township. Debt 20780
obligations that existed at the time of the merger shall be 20781
retired from the revenue generated from the parcels of real 20782
property that made up the township that incurred the debt before 20783
the merger.20784

       (E)(1) With respect to any agreement entered into under 20785
Chapter 4117. of the Revised Code that covers any of the employees 20786
of the townships merged under this chapter, the state employment 20787
relations board, within sixty days after the date the merger is 20788
approved, shall designate the appropriate bargaining units for the 20789
employees of the new township in accordance with section 4117.06 20790
of the Revised Code. Notwithstanding the recognition procedures 20791
prescribed in section 4117.05 and division (A) of section 4117.07 20792
of the Revised Code, the board shall conduct a representation 20793
election with respect to each bargaining unit designated under 20794
this division in accordance with divisions (B) and (C) of section 20795
4117.07 of the Revised Code. If an exclusive representative is 20796
selected through this election, the exclusive representative shall 20797
negotiate and enter into an agreement with the new township in 20798
accordance with Chapter 4117. of the Revised Code. Until the 20799
parties reach an agreement, any agreement in effect on the date of 20800
the merger shall apply to the employees that were in the 20801
bargaining unit that is covered by the agreement. An agreement in 20802
existence on the date of the merger is terminated on the effective 20803
date of an agreement negotiated under this division.20804

       (2) If an exclusive representative is not selected, any 20805
agreement in effect on the date of the merger shall apply to the 20806
employees that were in the bargaining unit that is covered by the 20807
agreement and shall expire on its terms.20808

       (3) Each agreement entered into under Chapter 4117. of the 20809
Revised Code on or after the effective date of this section 20810
involving a new township shall contain a provision regarding the 20811
designation of an exclusive representative and bargaining units 20812
for the new township as described in division (E) of this section.20813

       (4) In addition to the laws listed in division (A) of section 20814
4117.10 of the Revised Code that prevail over conflicting 20815
agreements between employee organizations and public employers, 20816
division (E) of this section prevails over any conflicting 20817
provisions of agreements between employee organizations and public 20818
employers that are entered into on or after the effective date of 20819
this section pursuant to Chapter 4117. of the Revised Code.20820

       (5) As used in division (E) of this section, "employee 20821
organization" and "exclusive representative" have the same 20822
meanings as in section 4117.01 of the Revised Code.20823

       (F)(1) If the boundaries of the new township are coextensive 20824
with a special purpose district that existed at the time of the 20825
merger, the special purpose district shall be dissolved into the 20826
new township. If the boundaries of the new township are not 20827
coextensive with a special purpose district, the new township 20828
shall remain in the existing special purpose district as a 20829
successor to the original township, unless the special purpose 20830
district is dissolved. The board of township trustees of the new 20831
township may place a question on the ballot at the next general 20832
election held after the merger to conform the boundaries, dissolve 20833
the special purpose district, or absorb the special purpose 20834
district into the new township on the terms specified in the 20835
resolution that places the question on the ballot for approval of 20836
the electors of the new township.20837

       (2) As used in division (F) of this section, "special purpose 20838
district" means any geographic or political jurisdiction that is 20839
created under law by a township merged.20840

       (G) Zoning codes that existed at the time of the merger shall 20841
remain in effect after the merger, and the townships that existed 20842
before the merger shall be treated as administrative districts 20843
within the new township for the purposes of zoning.20844

       Sec. 705.16.  (A) All ordinances or resolutions shall be in 20845
effect after thirty days from the date of their passage, except as 20846
provided in section 705.75 of the Revised Code.20847

       (B) Notwithstanding any conflicting provision of section 7.12 20848
of the Revised Code,A succinct summary of each ordinance and 20849
resolution of a general nature, or providing for public 20850
improvements, or assessing property, or a succinct summary of each 20851
such ordinance or resolution, shall, upon passage of the ordinance 20852
or resolution, be promptly published one time in not more than two 20853
newspapersa newspaper of general circulation in the municipal 20854
corporation. Such publication shall be made in the body type of 20855
the paper under headlines in eighteen point type, which headlines 20856
shall specify the nature of such legislation. If a summary of an 20857
ordinance or resolution is published, theThe publication shall 20858
contain notice that the complete text of each such ordinance or 20859
resolution may be obtained or viewed at the office of the clerk of 20860
the legislative authority of the municipal corporation and may be 20861
viewed at any other location designated by the legislative 20862
authority of the municipal corporation. The city director of law, 20863
village solicitor, or other chief legal officer of the municipal 20864
corporation shall review anythe summary of an ordinance or 20865
resolution published under this section prior to forwarding it to 20866
the clerk for publication, to ensure that the summary is legally 20867
accurate and sufficient.20868

       (C) Upon publication of a summary of an ordinance or 20869
resolution in accordance with this section, the clerk of the 20870
legislative authority shall supply a copy of the complete text of 20871
each such ordinance or resolution to any person, upon request, and 20872
may charge a reasonable fee, set by the legislative authority, for 20873
each copy supplied. The clerk shall post a copy of the text at his20874
the clerk's office and at every other location designated by the 20875
legislative authority.20876

       (D) No newspaper shall be paid a higher price for the 20877
publication of summaries of ordinances than its maximum bona fide 20878
commercialgovernment rate established under section 7.10 of the 20879
Revised Code.20880

       Sec. 711.35.  Upon the filing of the application provided for 20881
in section 711.34 of the Revised Code, the county auditor shall 20882
give notice of the filing, by publication, for two consecutive 20883
weeks in a newspaper published and of general circulation in the 20884
county, of the filing thereof, andor as provided in section 7.16 20885
of the Revised Code. The county auditor shall also notify the 20886
board of county commissioners of such filing.20887

       Sec. 715.011.  Each municipal corporation may lease for a 20888
period not to exceed forty years, pursuant to a contract providing 20889
for the construction thereof under a lease-purchase plan, 20890
buildings, structures, and other improvements for any authorized 20891
municipal purpose, and in conjunction therewith, may grant leases, 20892
easements, or licenses for lands under the control of the 20893
municipal corporation for a period not to exceed forty years. The 20894
lease shall provide that at the end of the lease period the 20895
buildings, structures, and related improvements together with the 20896
land on which they are situate shall become the property of the 20897
municipal corporation without cost.20898

       Whenever any building, structure, or other improvement is to 20899
be so leased by a municipal corporation, the appropriate 20900
contracting officer of the municipal corporation shall file with 20901
the clerk of the council such basic plans, specifications, bills 20902
of materials, and estimates of cost with sufficient detail to 20903
afford bidders all needed information, or alternatively, shall 20904
file the following plans, details, bills of materials, and 20905
specifications:20906

       (A) Full and accurate plans, suitable for the use of 20907
mechanics and other builders in such construction, improvement, 20908
addition, alteration, or installation;20909

       (B) Details to scale and full sized, so drawn and represented 20910
as to be easily understood;20911

       (C) Accurate bills showing the exact quantity of different 20912
kinds of material necessary to the construction;20913

       (D) Definite and complete specifications of the work to be 20914
performed, together with such directions as will enable a 20915
competent mechanic or other builder to carry them out and afford 20916
bidders all needed information;20917

       (E) A full and accurate estimate of each item of expense and 20918
of the aggregate cost thereof.20919

       The council of the municipal corporation shall give public 20920
notice, in thea newspaper of general circulation in the municipal 20921
corporation, and in the form and with the phraseology as the 20922
council orders, published once each week for four consecutive 20923
weeks or as provided in section 7.16 of the Revised Code, of the 20924
time and place, when and where bids will be received for entering 20925
into an agreement to lease to the municipal corporation a 20926
building, structure, or other improvement, the last publication to 20927
be at least eight days preceding the day for opening the bids. The 20928
bids shall contain the terms upon which the builder would propose 20929
to lease the building, structure, or other improvement to the 20930
municipal corporation. The form of the bid approved by the council 20931
of the municipal corporation shall be used and a bid shall be 20932
invalid and not considered unless such form is used without 20933
change, alteration, or addition. Before submitting bids pursuant 20934
to this section, any builder shall have complied with sections 20935
153.50 to 153.52 of the Revised Code.20936

       On the day and at the place named for receiving bids for 20937
entering into lease agreements with the municipal corporation, the 20938
appropriate contracting officer of the municipal corporation shall 20939
open the bids, and shall publicly proceed immediately to tabulate 20940
the bids upon triplicate sheets, one of each of which sheets shall 20941
be filed with the clerk of the council. No lease agreement shall 20942
be entered into until the bureau of workers' compensation has 20943
certified that the corporation, partnership, or person to be 20944
awarded the lease agreement has complied with Chapter 4123. of the 20945
Revised Code, and until, if the builder submitting the lowest and 20946
best bid is a foreign corporation, the secretary of state has 20947
certified that the corporation is authorized to do business in 20948
this state, and until, if the builder submitting the lowest and 20949
best bid is a person or partnership nonresident of this state, the 20950
person or partnership has filed with the secretary of state a 20951
power of attorney designating the secretary of state as its agent 20952
for the purpose of accepting service of summons in any action 20953
brought under Chapter 4123. of the Revised Code, and until the 20954
agreement is submitted to the village solicitor or city director 20955
of law of the municipal corporation and histhe solicitor's or 20956
director's approval is certified thereon. Within thirty days after 20957
the day on which the bids are received, the council shall 20958
investigate the bids received and shall determine that the bureau 20959
and the secretary of state have made the certifications required 20960
by this section of the builder who has submitted the lowest and 20961
best bid. Within ten days of the completion of the investigation 20962
of the bids the council may award the lease agreement to the 20963
builder who has submitted the lowest and best bid and who has been 20964
certified by the bureau and secretary of state as required by this 20965
section. If bidding for the lease agreement has been conducted 20966
upon the basis of basic plans, specifications, bills of materials, 20967
and estimates of costs, upon the award to the builder, the 20968
council, or the builder with the approval of the council, shall 20969
appoint an architect or engineer licensed in this state to prepare 20970
such further detailed plans, specifications, and bills of 20971
materials as are required to construct the building, structure, or 20972
improvement.20973

       The council may reject any bid. Where there is reason to 20974
believe there is collusion or combination among bidders, the bids 20975
of those concerned therein shall be rejected.20976

       Sec. 715.47.  A municipal corporation may fill or drain any 20977
lot or land within its limits on which water at any time becomes 20978
stagnant, remove all putrid substances from any lot, and remove 20979
all obstructions from culverts, covered drains, or private 20980
property, laid in any natural watercourse, creek, brook, or 20981
branch, which obstruct the water naturally flowing therein, 20982
causing it to flow back or become stagnant, in a way prejudicial 20983
to the health, comfort, or convenience of any of the citizens of 20984
the neighborhood. If such culverts or drains are of insufficient 20985
capacity, the municipal corporation may make them of such capacity 20986
as reasonably to accommodate the flow of such water at all times. 20987
The legislative authority of such municipal corporation may, by 20988
resolution, direct the owner to fill or drain such lot, remove 20989
such putrid substance or such obstructions, and if necessary, 20990
enlarge such culverts or covered drains to meet the requirements 20991
thereof.20992

       After service of a copy of such resolution, or after a 20993
publication thereof, in a newspaper of general circulation in such 20994
municipal corporation or as provided in section 7.16 of the 20995
Revised Code, for two consecutive weeks, such owner, or hissuch 20996
owner's agent or attorney, shall comply with the directions of the 20997
resolution within the time therein specified.20998

       In case of the failure or refusal of such owner to comply 20999
with the resolution, the work required thereby may be done at the 21000
expense of the municipal corporation, and the amount of money so 21001
expended shall be recovered from the owner before any court of 21002
competent jurisdiction. Such expense from the time of the adoption 21003
of the resolution shall be a lien on such lot, which may be 21004
enforced by suit in the court of common pleas, and like 21005
proceedings may be had as directed in relation to the improvement 21006
of streets.21007

       The officers connected with the health department of every 21008
such municipal corporation shall see that this section is strictly 21009
and promptly enforced.21010

       Sec. 717.08.  The largest municipal corporation located in 21011
the Southwestern portion of the state that has a retirement system 21012
for its employees may enter into an agreement with the board of 21013
trustees of the retirement system for a single payment by the 21014
municipal corporation of all or a portion of the municipal 21015
corporation's accrued liability to the retirement system. The 21016
agreement may provide for a reduction in the amount of the accrued 21017
liability based on the value to the retirement system of receiving 21018
a single payment.21019

       The legislative authority of the municipal corporation may 21020
issue securities under Section 3 of Article XVIII, Ohio 21021
Constitution, or under Chapter 133. of the Revised Code, including 21022
Chapter 133. special obligation securities that pledge taxes, 21023
other than ad valorem property taxes, or other revenues for the 21024
purpose of providing some or all of the funds requiredto satisfy 21025
the municipal corporation's obligation under the agreement.21026

       Sec. 718.01.  (A) As used in this chapter:21027

       (1) "Adjusted federal taxable income" means a C corporation's 21028
federal taxable income before net operating losses and special 21029
deductions as determined under the Internal Revenue Code, adjusted 21030
as follows:21031

       (a) Deduct intangible income to the extent included in 21032
federal taxable income. The deduction shall be allowed regardless 21033
of whether the intangible income relates to assets used in a trade 21034
or business or assets held for the production of income.21035

       (b) Add an amount equal to five per cent of intangible income 21036
deducted under division (A)(1)(a) of this section, but excluding 21037
that portion of intangible income directly related to the sale, 21038
exchange, or other disposition of property described in section 21039
1221 of the Internal Revenue Code;21040

       (c) Add any losses allowed as a deduction in the computation 21041
of federal taxable income if the losses directly relate to the 21042
sale, exchange, or other disposition of an asset described in 21043
section 1221 or 1231 of the Internal Revenue Code;21044

       (d)(i) Except as provided in division (A)(1)(d)(ii) of this 21045
section, deduct income and gain included in federal taxable income 21046
to the extent the income and gain directly relate to the sale, 21047
exchange, or other disposition of an asset described in section 21048
1221 or 1231 of the Internal Revenue Code;21049

        (ii) Division (A)(1)(d)(i) of this section does not apply to 21050
the extent the income or gain is income or gain described in 21051
section 1245 or 1250 of the Internal Revenue Code.21052

        (e) Add taxes on or measured by net income allowed as a 21053
deduction in the computation of federal taxable income;21054

        (f) In the case of a real estate investment trust and 21055
regulated investment company, add all amounts with respect to 21056
dividends to, distributions to, or amounts set aside for or 21057
credited to the benefit of investors and allowed as a deduction in 21058
the computation of federal taxable income;21059

        (g) IfDeduct, to the extent not otherwise deducted or 21060
excluded in computing federal taxable income, any income derived 21061
from providing public services under a contract through a project 21062
owned by the state, as described in section 126.604 of the Revised 21063
Code or derived from a contract entered into under section 9.06 of 21064
the Revised Code and described in division (J) of that section, or 21065
derived from a transfer agreement or from the enterprise 21066
transferred under that agreement under section 4313.02 of the 21067
Revised Code.21068

       If the taxpayer is not a C corporation and is not an 21069
individual, the taxpayer shall compute adjusted federal taxable 21070
income as if the taxpayer were a C corporation, except:guaranteed21071

       (i) Guaranteed payments and other similar amounts paid or 21072
accrued to a partner, former partner, member, or former member 21073
shall not be allowed as a deductible expense; andamounts21074

        (ii) Amounts paid or accrued to a qualified self-employed 21075
retirement plan with respect to an owner or owner-employee of the 21076
taxpayer, amounts paid or accrued to or for health insurance for 21077
an owner or owner-employee, and amounts paid or accrued to or for 21078
life insurance for an owner or owner-employee shall not be allowed 21079
as a deduction.21080

        Nothing in division (A)(1) of this section shall be construed 21081
as allowing the taxpayer to add or deduct any amount more than 21082
once or shall be construed as allowing any taxpayer to deduct any 21083
amount paid to or accrued for purposes of federal self-employment 21084
tax.21085

        Nothing in this chapter shall be construed as limiting or 21086
removing the ability of any municipal corporation to administer, 21087
audit, and enforce the provisions of its municipal income tax.21088

       (2) "Internal Revenue Code" means the Internal Revenue Code 21089
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.21090

       (3) "Schedule C" means internal revenue service schedule C 21091
filed by a taxpayer pursuant to the Internal Revenue Code.21092

       (4) "Form 2106" means internal revenue service form 2106 21093
filed by a taxpayer pursuant to the Internal Revenue Code.21094

       (5) "Intangible income" means income of any of the following 21095
types: income yield, interest, capital gains, dividends, or other 21096
income arising from the ownership, sale, exchange, or other 21097
disposition of intangible property including, but not limited to, 21098
investments, deposits, money, or credits as those terms are 21099
defined in Chapter 5701. of the Revised Code, and patents, 21100
copyrights, trademarks, tradenames, investments in real estate 21101
investment trusts, investments in regulated investment companies, 21102
and appreciation on deferred compensation. "Intangible income" 21103
does not include prizes, awards, or other income associated with 21104
any lottery winnings or other similar games of chance.21105

       (6) "S corporation" means a corporation that has made an 21106
election under subchapter S of Chapter 1 of Subtitle A of the 21107
Internal Revenue Code for its taxable year.21108

       (7) For taxable years beginning on or after January 1, 2004, 21109
"net profit" for a taxpayer other than an individual means 21110
adjusted federal taxable income and "net profit" for a taxpayer 21111
who is an individual means the individual's profit required to be 21112
reported on schedule C, schedule E, or schedule F, other than any 21113
amount allowed as a deduction under division (E)(2) or (3) of this 21114
section or amounts described in division (H) of this section.21115

       (8) "Taxpayer" means a person subject to a tax on income 21116
levied by a municipal corporation. Except as provided in division 21117
(L) of this section, "taxpayer" does not include any person that 21118
is a disregarded entity or a qualifying subchapter S subsidiary 21119
for federal income tax purposes, but "taxpayer" includes any other 21120
person who owns the disregarded entity or qualifying subchapter S 21121
subsidiary.21122

       (9) "Taxable year" means the corresponding tax reporting 21123
period as prescribed for the taxpayer under the Internal Revenue 21124
Code.21125

       (10) "Tax administrator" means the individual charged with 21126
direct responsibility for administration of a tax on income levied 21127
by a municipal corporation and includes:21128

        (a) The central collection agency and the regional income tax 21129
agency and their successors in interest, and other entities 21130
organized to perform functions similar to those performed by the 21131
central collection agency and the regional income tax agency;21132

        (b) A municipal corporation acting as the agent of another 21133
municipal corporation; and21134

        (c) Persons retained by a municipal corporation to administer 21135
a tax levied by the municipal corporation, but only if the 21136
municipal corporation does not compensate the person in whole or 21137
in part on a contingency basis.21138

        (11) "Person" includes individuals, firms, companies, 21139
business trusts, estates, trusts, partnerships, limited liability 21140
companies, associations, corporations, governmental entities, and 21141
any other entity.21142

        (12) "Schedule E" means internal revenue service schedule E 21143
filed by a taxpayer pursuant to the Internal Revenue Code.21144

        (13) "Schedule F" means internal revenue service schedule F 21145
filed by a taxpayer pursuant to the Internal Revenue Code.21146

       (B) No municipal corporation shall tax income at other than a 21147
uniform rate.21148

       (C) No municipal corporation shall levy a tax on income at a 21149
rate in excess of one per cent without having obtained the 21150
approval of the excess by a majority of the electors of the 21151
municipality voting on the question at a general, primary, or 21152
special election. The legislative authority of the municipal 21153
corporation shall file with the board of elections at least ninety 21154
days before the day of the election a copy of the ordinance 21155
together with a resolution specifying the date the election is to 21156
be held and directing the board of elections to conduct the 21157
election. The ballot shall be in the following form: "Shall the 21158
Ordinance providing for a ... per cent levy on income for (Brief 21159
description of the purpose of the proposed levy) be passed?21160

        21161

 FOR THE INCOME TAX 21162
 AGAINST THE INCOME TAX  " 21163

        21164

       In the event of an affirmative vote, the proceeds of the levy 21165
may be used only for the specified purpose.21166

       (D)(1) Except as otherwise provided in this section, no 21167
municipal corporation shall exempt from a tax on income 21168
compensation for personal services of individuals over eighteen 21169
years of age or the net profit from a business or profession.21170

       (2)(a) For taxable years beginning on or after January 1, 21171
2004, no municipal corporation shall tax the net profit from a 21172
business or profession using any base other than the taxpayer's 21173
adjusted federal taxable income.21174

       (b) Division (D)(2)(a) of this section does not apply to any 21175
taxpayer required to file a return under section 5745.03 of the 21176
Revised Code or to the net profit from a sole proprietorship.21177

       (E)(1) The legislative authority of a municipal corporation 21178
may, by ordinance or resolution, exempt from withholding and from 21179
a tax on income the following:21180

       (a) Compensation arising from the sale, exchange, or other 21181
disposition of a stock option, the exercise of a stock option, or 21182
the sale, exchange, or other disposition of stock purchased under 21183
a stock option; or21184

       (b) Compensation attributable to a nonqualified deferred 21185
compensation plan or program described in section 3121(v)(2)(C) of 21186
the Internal Revenue Code.21187

       (2) The legislative authority of a municipal corporation may 21188
adopt an ordinance or resolution that allows a taxpayer who is an 21189
individual to deduct, in computing the taxpayer's municipal income 21190
tax liability, an amount equal to the aggregate amount the 21191
taxpayer paid in cash during the taxable year to a health savings 21192
account of the taxpayer, to the extent the taxpayer is entitled to 21193
deduct that amount on internal revenue service form 1040.21194

       (3) The legislative authority of a municipal corporation may 21195
adopt an ordinance or resolution that allows a taxpayer who has a 21196
net profit from a business or profession that is operated as a 21197
sole proprietorship to deduct from that net profit the amount that 21198
the taxpayer paid during the taxable year for medical care 21199
insurance premiums for the taxpayer, the taxpayer's spouse, and 21200
dependents as defined in section 5747.01 of the Revised Code. The 21201
deduction shall be allowed to the same extent the taxpayer is 21202
entitled to deduct the premiums on internal revenue service form 21203
1040. The deduction allowed under this division shall be net of 21204
any related premium refunds, related premium reimbursements, or 21205
related insurance premium dividends received by the taxpayer 21206
during the taxable year.21207

       (F) If an individual's taxable income includes income against 21208
which the taxpayer has taken a deduction for federal income tax 21209
purposes as reportable on the taxpayer's form 2106, and against 21210
which a like deduction has not been allowed by the municipal 21211
corporation, the municipal corporation shall deduct from the 21212
taxpayer's taxable income an amount equal to the deduction shown 21213
on such form allowable against such income, to the extent not 21214
otherwise so allowed as a deduction by the municipal corporation.21215

       (G)(1) In the case of a taxpayer who has a net profit from a 21216
business or profession that is operated as a sole proprietorship, 21217
no municipal corporation may tax or use as the base for 21218
determining the amount of the net profit that shall be considered 21219
as having a taxable situs in the municipal corporation, an amount 21220
other than the net profit required to be reported by the taxpayer 21221
on schedule C or F from such sole proprietorship for the taxable 21222
year.21223

        (2) In the case of a taxpayer who has a net profit from 21224
rental activity required to be reported on schedule E, no 21225
municipal corporation may tax or use as the base for determining 21226
the amount of the net profit that shall be considered as having a 21227
taxable situs in the municipal corporation, an amount other than 21228
the net profit from rental activities required to be reported by 21229
the taxpayer on schedule E for the taxable year.21230

       (H) A municipal corporation shall not tax any of the 21231
following:21232

       (1) The military pay or allowances of members of the armed 21233
forces of the United States and of members of their reserve 21234
components, including the Ohio national guard;21235

       (2) The income of religious, fraternal, charitable, 21236
scientific, literary, or educational institutions to the extent 21237
that such income is derived from tax-exempt real estate, 21238
tax-exempt tangible or intangible property, or tax-exempt 21239
activities;21240

       (3) Except as otherwise provided in division (I) of this 21241
section, intangible income;21242

       (4) Compensation paid under section 3501.28 or 3501.36 of the 21243
Revised Code to a person serving as a precinct election official, 21244
to the extent that such compensation does not exceed one thousand 21245
dollars annually. Such compensation in excess of one thousand 21246
dollars may be subjected to taxation by a municipal corporation. A 21247
municipal corporation shall not require the payer of such 21248
compensation to withhold any tax from that compensation.21249

       (5) Compensation paid to an employee of a transit authority, 21250
regional transit authority, or regional transit commission created 21251
under Chapter 306. of the Revised Code for operating a transit bus 21252
or other motor vehicle for the authority or commission in or 21253
through the municipal corporation, unless the bus or vehicle is 21254
operated on a regularly scheduled route, the operator is subject 21255
to such a tax by reason of residence or domicile in the municipal 21256
corporation, or the headquarters of the authority or commission is 21257
located within the municipal corporation;21258

       (6) The income of a public utility, when that public utility 21259
is subject to the tax levied under section 5727.24 or 5727.30 of 21260
the Revised Code, except a municipal corporation may tax the 21261
following, subject to Chapter 5745. of the Revised Code:21262

       (a) Beginning January 1, 2002, the income of an electric 21263
company or combined company;21264

        (b) Beginning January 1, 2004, the income of a telephone 21265
company.21266

       As used in division (H)(6) of this section, "combined 21267
company," "electric company," and "telephone company" have the 21268
same meanings as in section 5727.01 of the Revised Code.21269

       (7) On and after January 1, 2003, items excluded from federal 21270
gross income pursuant to section 107 of the Internal Revenue Code;21271

       (8) On and after January 1, 2001, compensation paid to a 21272
nonresident individual to the extent prohibited under section 21273
718.011 of the Revised Code;21274

       (9)(a) Except as provided in division (H)(9)(b) and (c) of 21275
this section, an S corporation shareholder's distributive share of 21276
net profits of the S corporation, other than any part of the 21277
distributive share of net profits that represents wages as defined 21278
in section 3121(a) of the Internal Revenue Code or net earnings 21279
from self-employment as defined in section 1402(a) of the Internal 21280
Revenue Code.21281

       (b) If, pursuant to division (H) of former section 718.01 of 21282
the Revised Code as it existed before March 11, 2004, a majority 21283
of the electors of a municipal corporation voted in favor of the 21284
question at an election held on November 4, 2003, the municipal 21285
corporation may continue after 2002 to tax an S corporation 21286
shareholder's distributive share of net profits of an S 21287
corporation.21288

        (c) If, on December 6, 2002, a municipal corporation was 21289
imposing, assessing, and collecting a tax on an S corporation 21290
shareholder's distributive share of net profits of the S 21291
corporation to the extent the distributive share would be 21292
allocated or apportioned to this state under divisions (B)(1) and 21293
(2) of section 5733.05 of the Revised Code if the S corporation 21294
were a corporation subject to taxes imposed under Chapter 5733. of 21295
the Revised Code, the municipal corporation may continue to impose 21296
the tax on such distributive shares to the extent such shares 21297
would be so allocated or apportioned to this state only until 21298
December 31, 2004, unless a majority of the electors of the 21299
municipal corporation voting on the question of continuing to tax 21300
such shares after that date vote in favor of that question at an 21301
election held November 2, 2004. If a majority of those electors 21302
vote in favor of the question, the municipal corporation may 21303
continue after December 31, 2004, to impose the tax on such 21304
distributive shares only to the extent such shares would be so 21305
allocated or apportioned to this state.21306

       (d) For the purposes of division (D) of section 718.14 of the 21307
Revised Code, a municipal corporation shall be deemed to have 21308
elected to tax S corporation shareholders' distributive shares of 21309
net profits of the S corporation in the hands of the shareholders 21310
if a majority of the electors of a municipal corporation vote in 21311
favor of a question at an election held under division (H)(9)(b) 21312
or (c) of this section. The municipal corporation shall specify by 21313
ordinance or rule that the tax applies to the distributive share 21314
of a shareholder of an S corporation in the hands of the 21315
shareholder of the S corporation.21316

       (10) Employee compensation that is not "qualifying wages" as 21317
defined in section 718.03 of the Revised Code;21318

        (11) Beginning August 1, 2007, compensation paid to a person 21319
employed within the boundaries of a United States air force base 21320
under the jurisdiction of the United States air force that is used 21321
for the housing of members of the United States air force and is a 21322
center for air force operations, unless the person is subject to 21323
taxation because of residence or domicile. If the compensation is 21324
subject to taxation because of residence or domicile, municipal 21325
income tax shall be payable only to the municipal corporation of 21326
residence or domicile.21327

       (I) Any municipal corporation that taxes any type of 21328
intangible income on March 29, 1988, pursuant to Section 3 of 21329
Amended Substitute Senate Bill No. 238 of the 116th general 21330
assembly, may continue to tax that type of income after 1988 if a 21331
majority of the electors of the municipal corporation voting on 21332
the question of whether to permit the taxation of that type of 21333
intangible income after 1988 vote in favor thereof at an election 21334
held on November 8, 1988.21335

       (J) Nothing in this section or section 718.02 of the Revised 21336
Code shall authorize the levy of any tax on income that a 21337
municipal corporation is not authorized to levy under existing 21338
laws or shall require a municipal corporation to allow a deduction 21339
from taxable income for losses incurred from a sole proprietorship 21340
or partnership.21341

       (K)(1) Nothing in this chapter prohibits a municipal 21342
corporation from allowing, by resolution or ordinance, a net 21343
operating loss carryforward.21344

        (2) Nothing in this chapter requires a municipal corporation 21345
to allow a net operating loss carryforward.21346

       (L)(1) A single member limited liability company that is a 21347
disregarded entity for federal tax purposes may elect to be a 21348
separate taxpayer from its single member in all Ohio municipal 21349
corporations in which it either filed as a separate taxpayer or 21350
did not file for its taxable year ending in 2003, if all of the 21351
following conditions are met:21352

       (a) The limited liability company's single member is also a 21353
limited liability company;21354

       (b) The limited liability company and its single member were 21355
formed and doing business in one or more Ohio municipal 21356
corporations for at least five years before January 1, 2004;21357

       (c) Not later than December 31, 2004, the limited liability 21358
company and its single member each make an election to be treated 21359
as a separate taxpayer under division (L) of this section;21360

       (d) The limited liability company was not formed for the 21361
purpose of evading or reducing Ohio municipal corporation income 21362
tax liability of the limited liability company or its single 21363
member;21364

       (e) The Ohio municipal corporation that is the primary place 21365
of business of the sole member of the limited liability company 21366
consents to the election.21367

       (2) For purposes of division (L)(1)(e) of this section, a 21368
municipal corporation is the primary place of business of a 21369
limited liability company if, for the limited liability company's 21370
taxable year ending in 2003, its income tax liability is greater 21371
in that municipal corporation than in any other municipal 21372
corporation in Ohio, and that tax liability to that municipal 21373
corporation for its taxable year ending in 2003 is at least four 21374
hundred thousand dollars.21375

       Sec. 718.09.  (A) This section applies to either of the 21376
following:21377

       (1) A municipal corporation that shares the same territory as 21378
a city, local, or exempted village school district, to the extent 21379
that not more than five per cent of the territory of the municipal 21380
corporation is located outside the school district and not more 21381
than five per cent of the territory of the school district is 21382
located outside the municipal corporation;21383

       (2) A municipal corporation that shares the same territory as 21384
a city, local, or exempted village school district, to the extent 21385
that not more than five per cent of the territory of the municipal 21386
corporation is located outside the school district, more than five 21387
per cent but not more than ten per cent of the territory of the 21388
school district is located outside the municipal corporation, and 21389
that portion of the territory of the school district that is 21390
located outside the municipal corporation is located entirely 21391
within another municipal corporation having a population of four 21392
hundred thousand or more according to the federal decennial census 21393
most recently completed before the agreement is entered into under 21394
division (B) of this section.21395

       (B) The legislative authority of a municipal corporation to 21396
which this section applies may propose to the electors an income 21397
tax, one of the purposes of which shall be to provide financial 21398
assistance to the school district through payment to the district 21399
of not less than twenty-five per cent of the revenue generated by 21400
the tax, except that the legislative authority may not propose to 21401
levy the income tax on the incomes of nonresident individuals. 21402
Prior to proposing the tax, the legislative authority shall 21403
negotiate and enter into a written agreement with the board of 21404
education of the school district specifying the tax rate, the 21405
percentage of tax revenue to be paid to the school district, the 21406
purpose for which the school district will use the money, the 21407
first year the tax will be levied, the date of the special 21408
election on the question of the tax, and the method and schedule 21409
by which the municipal corporation will make payments to the 21410
school district. The special election shall be held on a day 21411
specified in division (D) of section 3501.01 of the Revised Code, 21412
except that the special election may not be held on the day for 21413
holding a primary election as authorized by the municipal 21414
corporation's charter unless the municipal corporation is to have 21415
a primary election on that day.21416

       After the legislative authority and board of education have 21417
entered into the agreement, the legislative authority shall 21418
provide for levying the tax by ordinance. The ordinance shall 21419
state the tax rate, the percentage of tax revenue to be paid to 21420
the school district, the purpose for which the municipal 21421
corporation will use its share of the tax revenue, the first year 21422
the tax will be levied, and that the question of the income tax 21423
will be submitted to the electors of the municipal corporation. 21424
The legislative authority also shall adopt a resolution specifying 21425
the regular or special election date the election will be held and 21426
directing the board of elections to conduct the election. At least 21427
ninety days before the date of the election, the legislative 21428
authority shall file certified copies of the ordinance and 21429
resolution with the board of elections.21430

       (C) The board of elections shall make the necessary 21431
arrangements for the submission of the question to the electors of 21432
the municipal corporation, and shall conduct the election in the 21433
same manner as any other municipal income tax election. Notice of 21434
the election shall be published in a newspaper of general 21435
circulation in the municipal corporation once a week for four 21436
consecutive weeks, or as provided in section 7.16 of the Revised 21437
Code, prior to the election, and shall include statements of the 21438
rate and municipal corporation and school district purposes of the 21439
income tax, the percentage of tax revenue that will be paid to the 21440
school district, and the first year the tax will be levied. The 21441
ballot shall be in the following form:21442

       "Shall the ordinance providing for a ..... per cent levy on 21443
income for (brief description of the municipal corporation and 21444
school district purposes of the levy, including a statement of the 21445
percentage of tax revenue that will be paid to the school 21446
district) be passed? The income tax, if approved, will not be 21447
levied on the incomes of individuals who do not reside in (the 21448
name of the municipal corporation).21449

        21450

 For the income tax 21451
 Against the income tax  " 21452

        21453

       (D) If the question is approved by a majority of the 21454
electors, the municipal corporation shall impose the income tax 21455
beginning in the year specified in the ordinance. The proceeds of 21456
the levy may be used only for the specified purposes, including 21457
payment of the specified percentage to the school district.21458

       Sec. 718.10.  (A) This section applies to a group of two or 21459
more municipal corporations that, taken together, share the same 21460
territory as a single city, local, or exempted village school 21461
district, to the extent that not more than five per cent of the 21462
territory of the municipal corporations as a group is located 21463
outside the school district and not more than five per cent of the 21464
territory of the school district is located outside the municipal 21465
corporations as a group.21466

       (B) The legislative authorities of the municipal corporations 21467
in a group of municipal corporations to which this section applies 21468
each may propose to the electors an income tax, to be levied in 21469
concert with income taxes in the other municipal corporations of 21470
the group, except that a legislative authority may not propose to 21471
levy the income tax on the incomes of individuals who do not 21472
reside in the municipal corporation. One of the purposes of such a 21473
tax shall be to provide financial assistance to the school 21474
district through payment to the district of not less than 21475
twenty-five per cent of the revenue generated by the tax. Prior to 21476
proposing the taxes, the legislative authorities shall negotiate 21477
and enter into a written agreement with each other and with the 21478
board of education of the school district specifying the tax rate, 21479
the percentage of the tax revenue to be paid to the school 21480
district, the first year the tax will be levied, and the date of 21481
the election on the question of the tax, all of which shall be the 21482
same for each municipal corporation. The agreement also shall 21483
state the purpose for which the school district will use the 21484
money, and specify the method and schedule by which each municipal 21485
corporation will make payments to the school district. The special 21486
election shall be held on a day specified in division (D) of 21487
section 3501.01 of the Revised Code, including a day on which all 21488
of the municipal corporations are to have a primary election.21489

       After the legislative authorities and board of education have 21490
entered into the agreement, each legislative authority shall 21491
provide for levying its tax by ordinance. Each ordinance shall 21492
state the rate of the tax, the percentage of tax revenue to be 21493
paid to the school district, the purpose for which the municipal 21494
corporation will use its share of the tax revenue, and the first 21495
year the tax will be levied. Each ordinance also shall state that 21496
the question of the income tax will be submitted to the electors 21497
of the municipal corporation on the same date as the submission of 21498
questions of an identical tax to the electors of each of the other 21499
municipal corporations in the group, and that unless the electors 21500
of all of the municipal corporations in the group approve the tax 21501
in their respective municipal corporations, none of the municipal 21502
corporations in the group shall levy the tax. Each legislative 21503
authority also shall adopt a resolution specifying the regular or 21504
special election date the election will be held and directing the 21505
board of elections to conduct the election. At least ninety days 21506
before the date of the election, each legislative authority shall 21507
file certified copies of the ordinance and resolution with the 21508
board of elections.21509

       (C) For each of the municipal corporations, the board of 21510
elections shall make the necessary arrangements for the submission 21511
of the question to the electors, and shall conduct the election in 21512
the same manner as any other municipal income tax election. For 21513
each of the municipal corporations, notice of the election shall 21514
be published in a newspaper of general circulation in the 21515
municipal corporation once a week for four consecutive weeks, or 21516
as provided in section 7.16 of the Revised Code, prior to the 21517
election. The notice shall include a statement of the rate and 21518
municipal corporation and school district purposes of the income 21519
tax, the percentage of tax revenue that will be paid to the school 21520
district, and the first year the tax will be levied, and an 21521
explanation that the tax will not be levied unless an identical 21522
tax is approved by the electors of each of the other municipal 21523
corporations in the group. The ballot shall be in the following 21524
form:21525

       "Shall the ordinance providing for a ... per cent levy on 21526
income for (brief description of the municipal corporation and 21527
school district purposes of the levy, including a statement of the 21528
percentage of income tax revenue that will be paid to the school 21529
district) be passed? The income tax, if approved, will not be 21530
levied on the incomes of individuals who do not reside in (the 21531
name of the municipal corporation). In order for the income tax to 21532
be levied, the voters of (the other municipal corporations in the 21533
group), which are also in the (name of the school district) school 21534
district, must approve an identical income tax and agree to pay 21535
the same percentage of the tax revenue to the school district.21536

        21537

 For the income tax 21538
 Against the income tax  " 21539

        21540

       (D) If the question is approved by a majority of the electors 21541
and identical taxes are approved by a majority of the electors in 21542
each of the other municipal corporations in the group, the 21543
municipal corporation shall impose the tax beginning in the year 21544
specified in the ordinance. The proceeds of the levy may be used 21545
only for the specified purposes, including payment of the 21546
specified percentage to the school district.21547

       Sec. 719.012.  In order to rehabilitate a building or 21548
structure that a municipal corporation determines to be a blighted 21549
property as defined in section 1.08 of the Revised Code, a 21550
municipal corporation may appropriate, in the manner provided in 21551
sections 163.01 to 163.22 of the Revised Code, any such building 21552
or structure and the real property of which it is a part. The 21553
municipal corporation shall rehabilitate the building or structure 21554
or cause it to be rehabilitated within two years after the 21555
appropriation, so that the building or structure is no longer a 21556
public nuisance, insecure, unsafe, structurally defective, 21557
unhealthful, or unsanitary, or a threat to the public health, 21558
safety, or welfare, or in violation of a building code or 21559
ordinance adopted under section 731.231 of the Revised Code. Any 21560
building or structure appropriated pursuant to this section which 21561
is not rehabilitated within two years shall be demolished.21562

       If during the rehabilitation process the municipal 21563
corporation retains title to the building or structure and the 21564
real property of which it is a part, then within one hundred 21565
eighty days after the rehabilitation is complete, the municipal 21566
corporation shall appraise the rehabilitated building or structure 21567
and the real property of which it is a part, and shall sell the 21568
building or structure and property at public auction. The 21569
municipal corporation shall advertise the public auction in a 21570
newspaper of general circulation in the municipal corporation once 21571
a week for three consecutive weeks, or as provided in section 7.16 21572
of the Revised Code, prior to the date of sale. The municipal 21573
corporation shall sell the building or structure and real property 21574
to the highest and best bidder. No property that a municipal 21575
corporation acquires pursuant to this section shall be leased.21576

       Sec. 719.05.  The mayor of a municipal corporation shall, 21577
immediately upon the passage of a resolution under section 719.04 21578
of the Revised Code, declaring an intent to appropriate property, 21579
for which but one reading is necessary, cause written notice to be 21580
given to the owner of, person in possession of, or person having 21581
an interest of record in, every piece of property sought to be 21582
appropriated, or to histhe authorized agent of the owner or other 21583
such person. Such notice shall be served by a person designated 21584
for the purpose and return made in the manner provided for the 21585
service and return of summons in civil actions. If such owner, 21586
person, or agent cannot be found, notice shall be given by 21587
publication once a week for three consecutive weeks in a newspaper 21588
of general circulation in the municipal corporation or as provided 21589
in section 7.16 of the Revised Code, and the legislative authority 21590
may thereupon pass an ordinance by a two-thirds vote of all 21591
members elected thereto, directing such appropriation to proceed.21592

       Sec. 721.03.  No contract, except as provided in section 21593
721.28 of the Revised Code, for the sale or lease of real estate 21594
belonging to a municipal corporation shall be made unless 21595
authorized by an ordinance, approved by a two-thirds vote of the 21596
members of the legislative authority of such municipal 21597
corporation, and by the board or officer having supervision or 21598
management of such real estate. When the contract is so 21599
authorized, it shall be made in writing by such board or officer, 21600
and, except as provided in section 721.27 of the Revised Code, 21601
only with the highest bidder, after advertisement once a week for 21602
five consecutive weeks in a newspaper of general circulation 21603
within the municipal corporation or as provided in section 7.16 of 21604
the Revised Code. Such board or officer may reject any bids and 21605
readvertise until all such real estate is sold or leased.21606

       Sec. 721.15.  (A) Personal property not needed for municipal 21607
purposes, the estimated value of which is less than one thousand 21608
dollars, may be sold by the board or officer having supervision or 21609
management of that property. If the estimated value of that 21610
property is one thousand dollars or more, it shall be sold only 21611
when authorized by an ordinance of the legislative authority of 21612
the municipal corporation and approved by the board, officer, or 21613
director having supervision or management of that property. When 21614
so authorized, the board, officer, or director shall make a 21615
written contract with the highest and best bidder after 21616
advertisement for not less than two ornor more than four 21617
consecutive weeks in a newspaper of general circulation within the 21618
municipal corporation or as provided in section 7.16 of the 21619
Revised Code, or with a board of county commissioners upon such 21620
lawful terms as are agreed upon, as provided by division (B)(1) of 21621
section 721.27 of the Revised Code.21622

       (B) When the legislative authority finds, by resolution, that 21623
the municipal corporation has vehicles, equipment, or machinery 21624
which is obsolete, or is not needed or is unfit for public use, 21625
that the municipal corporation has need of other vehicles, 21626
equipment, or machinery of the same type, and that it will be in 21627
the best interest of the municipal corporation that the sale of 21628
obsolete, unneeded, or unfit vehicles, equipment, or machinery be 21629
made simultaneously with the purchase of the new vehicles, 21630
equipment, or machinery of the same type, the legislative 21631
authority may offer to sell, or authorize a board, officer, or 21632
director of the municipal corporation having supervision or 21633
management of the property to offer to sell, those vehicles, 21634
equipment, or machinery and to have the selling price credited 21635
against the purchase price of other vehicles, equipment, or 21636
machinery and to consummate the sale and purchase by a single 21637
contract with the lowest and best bidder to be determined by 21638
subtracting from the selling price of the vehicles, equipment, or 21639
machinery to be purchased by the municipal corporation the 21640
purchase price offered for the municipally-owned vehicles, 21641
equipment, or machinery. When the legislative authority or the 21642
authorized board, officer, or director of a municipal corporation 21643
advertises for bids for the sale of new vehicles, equipment, or 21644
machinery to the municipal corporation, they may include in the 21645
same advertisement a notice of willingness to accept bids for the 21646
purchase of municipally-owned vehicles, equipment, or machinery 21647
which is obsolete, or is not needed or is unfit for public use, 21648
and to have the amount of those bids subtracted from the selling 21649
price as a means of determining the lowest and best bidder.21650

       (C) If the legislative authority of the municipal corporation 21651
determines that municipal personal property is not needed for 21652
public use, or is obsolete or unfit for the use for which it was 21653
acquired, and that the property has no value, the legislative 21654
authority may discard or salvage that property.21655

       (D) Notwithstanding anything to the contrary in division (A) 21656
or (B) of this section and regardless of the property's value, the 21657
legislative authority of a municipal corporation may sell personal 21658
property, including motor vehicles acquired for the use of 21659
municipal officers and departments, and road machinery, equipment, 21660
tools, or supplies, which is not needed for public use, or is 21661
obsolete or unfit for the use for which it was acquired, by 21662
internet auction. The legislative authority shall adopt, during 21663
each calendar year, a resolution expressing its intent to sell 21664
that property by internet auction. The resolution shall include a 21665
description of how the auctions will be conducted and shall 21666
specify the number of days for bidding on the property, which 21667
shall be no less than ten days, including Saturdays, Sundays, and 21668
legal holidays. The resolution shall indicate whether the 21669
municipal corporation will conduct the auction or the legislative 21670
authority will contract with a representative to conduct the 21671
auction and shall establish the general terms and conditions of 21672
sale. If a representative is known when the resolution is adopted, 21673
the resolution shall provide contact information such as the 21674
representative's name, address, and telephone number.21675

       After adoption of the resolution, the legislative authority 21676
shall publish, in a newspaper of general circulation in the 21677
municipal corporation or as provided in section 7.16 of the 21678
Revised Code, notice of its intent to sell unneeded, obsolete, or 21679
unfit municipal personal property by internet auction. The notice 21680
shall include a summary of the information provided in the 21681
resolution and shall be published at least twice. The second and 21682
any subsequent notice shall be published not less than ten nor 21683
more than twenty days after the previous notice. A similar notice 21684
also shall be posted continually throughout the calendar year in a 21685
conspicuous place in the offices of the village clerk or city 21686
auditor, and the legislative authority, and, if. If the municipal 21687
corporation maintains a websiteweb site on the internet, the 21688
notice shall be posted continually throughout the calendar year at 21689
that websiteweb site.21690

       When the property is to be sold by internet auction, the 21691
legislative authority or its representative may establish a 21692
minimum price that will be accepted for specific items and may 21693
establish any other terms and conditions for the particular sale, 21694
including requirements for pick-up or delivery, method of payment, 21695
and sales tax. This type of information shall be provided on the 21696
internet at the time of the auction and may be provided before 21697
that time upon request after the terms and conditions have been 21698
determined by the legislative authority or its representative.21699

       Sec. 721.20.  Notice of the filing, pendency, and prayer of 21700
the petition provided for by section 721.19 of the Revised Code 21701
shall be published for four consecutive weeks or as provided in 21702
section 7.16 of the Revised Code, prior to the day of hearing, in 21703
a newspaper published in the municipal corporation, or if there is 21704
none, then in a newspaper published in the county, and of general 21705
circulation in such municipal corporation.21706

       Sec. 723.07.  No street or alley shall be vacated or narrowed 21707
unless notice of the pendency and prayer of the petition under 21708
section 723.04 of the Revised Code is given by publishing, in a 21709
newspaper published or of general circulation in such municipal 21710
corporation, for six consecutive weeks preceding action on such 21711
petition, or, whereas provided in section 7.16 of the Revised 21712
Code preceding action on the petition. Where no newspaper is 21713
publishedof general circulation in the municipal corporation, 21714
notice shall be given by posting the notice in three public places 21715
therein six weeks preceding such action. Action thereon shall take 21716
place within three months after the completion of the notice.21717

       Sec. 727.011.  For the purpose of controlling the blight and 21718
disease of shade trees within public rights-of-way, and for 21719
planting, maintaining, trimming, and removing shade trees in and 21720
along the streets of a municipality, the legislative authority of 21721
such municipal corporation may establish one or more districts in 21722
the municipality designating the boundaries thereof, and may each 21723
year thereafter, by ordinance, designate the district in which 21724
such control, planting, care, and maintenance shall be effected, 21725
setting forth an estimate of the cost and providing for the levy 21726
of a special assessment upon all the real property in the 21727
district, in the amount and in the manner provided in section 21728
727.01 of the Revised Code, for planting, maintaining, trimming, 21729
and removing shade trees. The ordinance shall be adopted and 21730
published as other ordinances and a succinct summary of the 21731
ordinance shall be published in the manner provided in section 21732
731.21 of the Revised Code. Bonds and anticipatory notes may be 21733
issued in anticipation of the collection of such special 21734
assessments, under section 133.17 of the Revised Code.21735

       Sec. 727.012.  For the purpose of constructing, maintaining, 21736
repairing, cleaning, and enclosing ditches, the legislative 21737
authority of such municipal corporation may establish one or more 21738
districts in the municipality designating the boundaries thereof, 21739
and may each year thereafter, by ordinance, designate the district 21740
in which such constructing, maintaining, repairing, cleaning, and 21741
enclosing of ditches shall be effected, setting forth an estimate 21742
of the cost and providing for the levying of a special assessment 21743
upon all the real property in the district, in the amount and in 21744
the manner provided in section 727.01 of the Revised Code, for 21745
constructing, maintaining, repairing, cleaning, and enclosing 21746
ditches. The ordinance shall be adopted and published as other 21747
ordinances and a succinct summary of the ordinance shall be 21748
published in the manner provided in section 731.21 of the Revised 21749
Code. Bonds and anticipatory notes may be issued in anticipation 21750
of the collection of such special assessments, under section 21751
133.17 of the Revised Code.21752

       Sec. 727.08.  The cost of any public improvement to be paid 21753
for directly or indirectly, in whole or in part, by funds derived 21754
from special assessments may include but not be limited to:21755

       (A) The purchase price of real estate or any interest therein 21756
when acquired by purchase, or not more than fifty per cent of the 21757
cost of acquiring such real estate or any interest therein when 21758
acquired by appropriation;21759

       (B) The cost of preliminary and other surveys;21760

       (C) The cost of preparing plans, specifications, profiles, 21761
and estimates except, to the extent that costs of plans, 21762
specifications, and estimates of cost have been paid for by the 21763
levy of assessments under section 729.11 of the Revised Code, such 21764
costs shall not be included in determining the cost of the 21765
improvement under this section;21766

       (D) The cost of printing, serving, and publishing notices,21767
and summaries of resolutions, and ordinances;21768

       (E) The cost of all special proceedings;21769

       (F) The cost of labor and material, whether furnished by 21770
contract or otherwise;21771

       (G) Interest on securities issued in anticipation of the levy 21772
and collection of the special assessments or, if securities in 21773
anticipation of the levy of the special assessments are not 21774
issued, interest, at a rate to be determined by the legislative 21775
authority in the resolution of necessity adopted pursuant to 21776
section 727.12 of the Revised Code, on moneys advanced by the 21777
municipal corporation for the cost of the public improvement in 21778
anticipation of the levy of the special assessments;21779

       (H) The total amount of damages, resulting from the 21780
improvement, assessed in favor of any owner of lands affected by 21781
the improvement, and interest thereon;21782

       (I) The cost incurred in connection with the preparation, 21783
levy, and collection of the special assessments, including legal 21784
expenses incurred by reason of the improvement;21785

       (J) Incidental costs directly connected with the improvement.21786

       Sec. 727.14.  In lieu of the procedure provided in section 21787
727.13 of the Revised Code, the legislative authority may provide 21788
for notice of the passage of a resolution of necessity providing 21789
for the lighting, sprinkling, sweeping, or cleaning of any street, 21790
alley, public road, or place, or parts thereof or for treating the 21791
surface of the same with dust-laying or preservative substances, 21792
or for the planting, maintaining, and removing of shade trees, or 21793
for the constructing, maintaining, repairing, cleaning, and 21794
enclosing of ditches, and the filing of the estimated assessment 21795
under section 727.12 of the Revised Code, to be given by 21796
publication of such notice once a week for two consecutive weeks 21797
in a newspaper of general circulation in the municipal corporation 21798
or as provided in section 7.16 of the Revised Code. When it 21799
appears from the estimated assessment filed as provided by section 21800
727.12 of the Revised Code, that the assessment against the owner 21801
of any lot or parcel of land will exceed two hundred fifty 21802
dollars, such owner shall be notified of the assessment in the 21803
manner provided in section 727.13 of the Revised Code.21804

       Sec. 727.46.  When a general plan has been prepared under 21805
section 727.44 of the Revised Code and reported to the legislative 21806
authority, it shall be filed with the clerk of the legislative 21807
authority and the legislative authority shall cause its clerk to 21808
publish, once a week for two consecutive weeks in a newspaper of 21809
general circulation in the municipal corporation or as provided in 21810
section 7.16 of the Revised Code, a notice stating that such 21811
general plan has been prepared and is on file in the office of the 21812
clerk of the legislative authority for examination by interested 21813
persons and that written objections to such plan may be filed in 21814
the office of such clerk before the date specified in the notice, 21815
which shall not be earlier than the seventeenth day following the 21816
date of the first publication in said newspaper. Any person having 21817
an objection to the general plan shall file such objection in 21818
writing, with the clerk of the legislative authority within the 21819
time specified.21820

       Sec. 729.08.  The legislative authority of the municipal 21821
corporation shall cause a notice to be published for three 21822
consecutive weeks in a newspaper of general circulation in the 21823
municipal corporation or as provided in section 7.16 of the 21824
Revised Code, stating that such list of estimated assessments has 21825
been made and is on file in the office of the clerk of the 21826
legislative authority for the inspection and examination of 21827
persons interested therein.21828

       If any person objects to an assessment on such list, hethe 21829
person shall file histhe objection in writing with the clerk of 21830
the legislative authority within two weeks after the expiration of 21831
the notice provided in this section.21832

       Sec. 729.11.  In addition to the power conferred upon 21833
municipal corporations under section 727.01 of the Revised Code to 21834
levy and collect special assessments, the legislative authority of 21835
a municipal corporation may, whenever it has determined by 21836
ordinance that it is necessary to construct, enlarge, or improve a 21837
system of storm or sanitary sewerage for the municipal corporation 21838
or any part thereof, including sewage disposal works, treatment 21839
plants, and sewage pumping stations, or a water supply system for 21840
the municipal corporation or any part thereof including mains, 21841
dams, reservoirs, wells, intakes, purification works, and pumping 21842
stations, and that any such improvement shall be constructed, 21843
enlarged, or improved, may levy upon property to be benefited in 21844
the municipal corporation or any designated part thereof, which 21845
property shall be described in the ordinance, a preliminary 21846
assessment upon the benefited lots and lands within the 21847
corporation or such part thereof, apportioned according to 21848
benefits or to the tax valuation or partly by one method and 21849
partly by the other, as the legislative authority determines for 21850
the purpose of paying the costs of general and detailed plans, 21851
specifications, estimates, preparation of the tentative 21852
assessment, financing, and legal services incident to the 21853
preparation of such plans, and a plan for financing the proposed 21854
improvements.21855

       Prior to the adoption of such ordinance, the legislative 21856
authority of such municipal corporation shall give notice of the 21857
pendency thereof and of the proposed determination of the 21858
necessity of the improvement therein generally described, which 21859
notice shall set forth the description of the benefited property 21860
as designated in the ordinance and the time and place of hearing 21861
of objections to and endorsements of the improvement. Such notice 21862
shall be given by publication in a newspaper of general 21863
circulation in the municipal corporation once a week for two 21864
consecutive weeks or as provided in section 7.16 of the Revised 21865
Code, the first publication to be at least two weeks prior to the 21866
date set for the hearing. At such hearing, or at any adjournment 21867
thereof, of which no further published notice need be given, the 21868
legislative authority shall hear all persons whose properties are 21869
proposed to be assessed, and such evidence as is deemed to be 21870
necessary, and shall then determine the necessity of the proposed 21871
improvement and in addition shall determine whether the 21872
improvement shall be made by the municipal corporation, and shall 21873
direct the preparation of tentative assessments upon the benefited 21874
properties and by whom they shall be prepared.21875

       Such assessments shall be in the amount determined to be 21876
necessary by the legislative authority to pay the costs of general 21877
and detailed plans, specifications, estimates of cost, preparation 21878
of the tentative assessment, financing and legal services incident 21879
to the preparation of such plans, and a plan of financing the 21880
proposed improvements, and shall be payable in such number of 21881
years as the legislative authority determines, not to exceed 21882
twenty, together with interest on any notes which may be issued in 21883
anticipation of the collection of such assessments.21884

       The legislative authority may at any time levy additional 21885
assessments according to benefits or to tax valuation or partly by 21886
one method and partly by the other as the legislative authority 21887
determines for such purposes upon such properties to complete the 21888
payment of such costs or to pay the cost of any additional plans, 21889
specifications, estimates of cost, tentative assessments, and the 21890
cost of financing and legal services incident to the preparation 21891
of such plans and such plan of financing, which additional 21892
assessments shall be payable in such number of years as the 21893
legislative authority determines, not to exceed twenty years, 21894
together with interest on any notes and bonds which may be issued 21895
in anticipation of the collection thereof.21896

       Upon completion of the tentative assessments or any 21897
additional assessments, they shall be filed with the clerk of the 21898
legislative authority and shall be and remain open to public 21899
inspection, and thereupon, the legislative authority shall give at 21900
least ten days' notice of the filing thereof in one newspaper of 21901
general circulation in the municipal corporation, or shall give 21902
notice as provided in section 7.16 of the Revised Code, which 21903
notice shall state the time and place when and where such 21904
tentative assessments shall be taken up for consideration. At such 21905
time and place or at any adjournment thereof, of which no further 21906
published notice need be given, the legislative authority shall 21907
hear all persons whose properties are proposed to be assessed, 21908
shall correct any errors and make any revisions that appear to be 21909
necessary or just, and may then pass an ordinance levying upon the 21910
properties determined to be benefited such assessments as so 21911
corrected and revised.21912

       The assessments levied by such ordinance shall be certified 21913
to the county auditor for collection as other taxes in the year or 21914
years in which they are payable; provided any such assessment in 21915
the amount of five dollars or less, or any unpaid balance of any 21916
such assessment which is five dollars or less, shall be paid in 21917
full, and not in installments, at the time the first or next 21918
installment would otherwise become due and payable.21919

       Upon the adoption of such ordinance levying assessments the 21920
legislative authority may authorize contracts to carry out the 21921
purposes for which such assessments have been levied without the 21922
prior issuance of notes and bonds; provided that the payments due 21923
by the municipal corporation do not fall due prior to the times in 21924
which such assessments shall be collected. The municipal 21925
corporation may also issue and sell its bonds with a maximum 21926
maturity of twenty years in anticipation of the collection of such 21927
assessments and may issue its notes in anticipation of the 21928
issuance of such bonds, which notes and bonds shall be issued and 21929
sold as provided in Chapter 133. of the Revised Code.21930

       Sec. 731.141.  In those villages that have established the 21931
position of village administrator, as provided by section 735.271 21932
of the Revised Code, the village administrator shall make 21933
contracts, purchase supplies and materials, and provide labor for 21934
any work under the administrator's supervision involving not more 21935
than twenty-five thousand dollars. When an expenditure, other than 21936
the compensation of persons employed by the village, exceeds 21937
twenty-five thousand dollars, the expenditure shall first be 21938
authorized and directed by ordinance of the legislative authority 21939
of the village. When so authorized and directed, except where the 21940
contract is for equipment, services, materials, or supplies to be 21941
purchased under division (D) of section 713.23 or section 125.04 21942
or 5513.01 of the Revised Code, available from a qualified 21943
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the 21944
Revised Code, or required to be purchased from a qualified 21945
nonprofit agency under sections 125.60 to 125.6012 of the Revised 21946
Code, the village administrator shall make a written contract with 21947
the lowest and best bidder after advertisement for not less than 21948
two nor more than four consecutive weeks in a newspaper of general 21949
circulation within the village or as provided in section 7.16 of 21950
the Revised Code. The bids shall be opened and shall be publicly 21951
read by the village administrator or a person designated by the 21952
village administrator at the time, date, and place as specified in 21953
the advertisement to bidders or specifications. The time, date, 21954
and place of bid openings may be extended to a later date by the 21955
village administrator, provided that written or oral notice of the 21956
change shall be given to all persons who have received or 21957
requested specifications no later than ninety-six hours prior to 21958
the original time and date fixed for the opening. All contracts 21959
shall be executed in the name of the village and signed on its 21960
behalf by the village administrator and the clerk.21961

       The legislative authority of a village may provide, by 21962
ordinance, for central purchasing for all offices, departments, 21963
divisions, boards, and commissions of the village, under the 21964
direction of the village administrator, who shall make contracts, 21965
purchase supplies or materials, and provide labor for any work of 21966
the village in the manner provided by this section.21967

       Sec. 731.20.  Ordinances, resolutions, and bylaws shall be 21968
authenticated by the signature of the presiding officer and clerk 21969
of the legislative authority of the municipal corporation. 21970
OrdinancesA succinct summary of ordinances of a general nature or 21971
providing for improvements shall be published as provided by 21972
sections 731.21 and 731.22 of the Revised Code before going into 21973
operation. No ordinance shall take effect until the expiration of 21974
ten days after the first publication of such notice. As soon as a 21975
bylaw, resolution, or ordinance is passed and signed, it shall be 21976
recorded by the clerk in a book furnished by the legislative 21977
authority for that purpose.21978

       Sec. 731.21.  (A) Notwithstanding any conflicting provision 21979
of section 7.12 of the Revised Code,A succinct summary of each 21980
municipal ordinance or resolution, or a succinct summary of each 21981
municipal ordinance and resolution, and all statements, orders, 21982
proclamations, notices, and reports required by law or ordinance 21983
to be published shall be published as follows:21984

       (1) In two English language newspapers of opposite politics, 21985
published andin a newspaper of general circulation in the 21986
municipal corporation, if there are any such newspapers;21987

       (2) If two English language newspapers of opposite politics 21988
are not published and of general circulation in the municipal 21989
corporation, then in one such political newspaper and one other 21990
English language newspaper published and of general circulation 21991
therein;21992

       (3) If only one english language newspaper is published and 21993
of general circulation in the municipal corporation, then in that 21994
newspaper;21995

       (4) If no english language newspaper is published and of 21996
general circulation in the municipal corporation, then in any 21997
English language newspaper of general circulation therein or by 21998
posting as provided in section 731.25 of the Revised Code, at the 21999
option of the legislative authority of such municipal corporation. 22000
Proof of the publication and required circulation of any newspaper 22001
used as a medium of publication as provided by this section shall 22002
be made by affidavit of the proprietor of either of such 22003
newspapersthe newspaper, and shall be filed with the clerk of the 22004
legislative authority.22005

       (B) If a summary of an ordinance or resolution is published 22006
under division (A) of this section, theThe publication shall 22007
contain notice that the complete text of each such ordinance or 22008
resolution may be obtained or viewed at the office of the clerk of 22009
the legislative authority of the municipal corporation and may be 22010
viewed at any other location designated by the legislative 22011
authority of the municipal corporation. The city director of law, 22012
village solicitor, or other chief legal officer of the municipal 22013
corporation shall review anythe summary of an ordinance or 22014
resolution published under this section prior to forwarding it to 22015
the clerk for publication, to ensure that the summary is legally 22016
accurate and sufficient.22017

       (C) Upon publication of a summary of an ordinance or 22018
resolution in accordance with this section, the clerk of the 22019
legislative authority shall supply a copy of the complete text of 22020
each such ordinance or resolution to any person, upon request, and 22021
may charge a reasonable fee, set by the legislative authority, for 22022
each copy supplied. The clerk shall post a copy of the text at his22023
the clerk's office and at every other location designated by the 22024
legislative authority.22025

       Sec. 731.211.  In accordance with Section 9 of Article XVIII, 22026
Ohio Constitution, notice of proposed amendments to municipal 22027
charters shall be given in one of the following ways:22028

       (A) Not less than thirty days prior to the election at which 22029
the amendment is to be submitted to the electors, the clerk of the 22030
municipality shall mail a copy of the proposed charter amendment 22031
to each elector whose name appears upon the poll or registration 22032
books of the last regular or general election held therein.22033

       (B) The full text of the proposed charter amendment shall be 22034
published once a week for not less than two consecutive weeks in a 22035
newspaper publishedof general circulation in the municipal 22036
corporation or as provided in section 7.16 of the Revised Code, 22037
with the first publication being at least fifteen days prior to 22038
the election at which the amendment is to be submitted to the 22039
electors. If no newspaper is published in the municipal 22040
corporation, then such publication shall be made in a newspaper of 22041
general circulation within the municipal corporation.22042

       Sec. 731.22.  The publication required in section 731.21 of 22043
the Revised Code shall be for the following times:22044

       (A) Ordinances and resolutions, or summariesSummaries of 22045
ordinances or resolutions, and proclamations of elections, once a 22046
week for two consecutive weeks or as provided in section 7.16 of 22047
the Revised Code;22048

       (B) Notices, not less than two nor more than four consecutive 22049
weeks or as provided in section 7.16 of the Revised Code;22050

       (C) All other matters shall be published once.22051

       Sec. 731.23.  When ordinances are revised, codified, 22052
rearranged, published in book form, and certified as correct by 22053
the clerk of the legislative authority of a municipal corporation 22054
and the mayor, such publication shall be a sufficient publication, 22055
and the ordinances so published, under appropriate titles, 22056
chapters, and sections, shall be held the same in law as though 22057
they had been published in a newspaper. A new ordinance so 22058
published in book form, a summary of which has not been published 22059
as required by sections 731.21 and 731.22 of the Revised Code, and 22060
which contains entirely new matter, shall be published as required 22061
by such sections. If such revision or codification is made by a 22062
municipal corporation and contains new matter, it shall be a 22063
sufficient publication of such codification, including the new 22064
matter, to publish, in the manner required by such sections, a 22065
notice of the enactment of such codifying ordinance, containing 22066
the title of the ordinance and a summary of the new matters 22067
covered by it. Such revision and codification may be made under 22068
appropriate titles, chapters, and sections and in one ordinance 22069
containing one or more subjects.22070

       Except as provided by this section, a succinct summary of all 22071
ordinances, including emergency ordinances, shall be published in 22072
accordance with section 731.21 of the Revised Code.22073

       Sec. 731.24.  Immediately after the expiration of the period 22074
of publication for ordinances orof summaries of ordinances 22075
required by section 731.22 of the Revised Code, the clerk of the 22076
legislative authority of a municipal corporation shall enter on 22077
the record of ordinances, in a blank to be left for such purpose 22078
under the recorded ordinance, a certificate stating in which 22079
newspaper and on what dates such publication was made, and shall 22080
sign histhe clerk's name thereto officially. Such certificate 22081
shall be prima-facie evidence that legal publication of the 22082
ordinance or summary of the ordinance was made.22083

       Sec. 731.25. Notwithstanding any conflicting provision of 22084
section 7.12 of the Revised Code, inIn municipal corporations in 22085
which no newspaper is publishedgenerally circulated, publication 22086
of ordinances and resolutions, or summaries of ordinances and 22087
resolutions, and publication of all statements, orders, 22088
proclamations, notices, and reports, required by law or ordinance 22089
to be published, shall be accomplished in either of the following 22090
methods, as determined by the legislative authority:22091

       (A) Byby posting copies in not less than five of the most 22092
public places in the municipal corporation, as determined by the 22093
legislative authority, for a period of not less than fifteen days 22094
prior to the effective date thereof;22095

       (B) By publication in any newspaper printed in this state and 22096
of general circulation in such municipal corporation.22097

       Notices to bidders for the construction of public 22098
improvements and notices of the sale of bonds shall be published 22099
in not more than two newspapers, printed in this state anda 22100
newspaper of general circulation in such municipal corporation, 22101
for the time prescribed in section 731.22 of the Revised Code.22102

       Where such publication is by posting, the clerk shall make a 22103
certificate as to such posting, and as to the times when and the 22104
places where such posting is done, in the manner provided in 22105
section 731.24 of the Revised Code, and such certificate shall be 22106
prima-facie evidence that the copies were posted as required.22107

       Sec. 735.05.  The director of public service may make any 22108
contract, purchase supplies or material, or provide labor for any 22109
work under the supervision of the department of public service 22110
involving not more than twenty-five thousand dollars. When an 22111
expenditure within the department, other than the compensation of 22112
persons employed in the department, exceeds twenty-five thousand 22113
dollars, the expenditure shall first be authorized and directed by 22114
ordinance of the city legislative authority. When so authorized 22115
and directed, except where the contract is for equipment, 22116
services, materials, or supplies to be purchased under division 22117
(D) of section 713.23 or section 125.04 or 5513.01 of the Revised 22118
Code or available from a qualified nonprofit agency pursuant to 22119
sections 4115.31 to 4115.35 of the Revised Code, the director 22120
shall make a written contract with the lowest and best bidder 22121
after advertisement for not less than two nor more than four 22122
consecutive weeks in a newspaper of general circulation within the 22123
city or as provided in section 7.16 of the Revised Code.22124

       Sec. 735.20.  When a whole plan, or any portion thereof, as 22125
provided in section 735.19 of the Revised Code is completed, or 22126
when the location of any avenue, street, roadway, or alley has 22127
been finally determined by the platting commissioner of a city, a 22128
plat of the plan, avenue, street, roadway, or alley shall be 22129
placed in the office of the city engineer for the inspection of 22130
persons interested, and notice that it is ready for inspection 22131
shall be published in one or more newspapers,a newspaper of 22132
general circulation within the city, for six consecutive weeks, or 22133
as provided in section 7.16 of the Revised Code.22134

       Sec. 737.32.  Except as otherwise provided in this section 22135
and unless the property involved is required to be disposed of 22136
pursuant to another section of the Revised Code, property that is 22137
unclaimed for ninety days or more shall be sold by the chief of 22138
police of the municipal corporation, marshal of the village, or 22139
licensed auctioneer at public auction, after notice of the sale 22140
has been provided by publication once a week for three successive 22141
weeks in a newspaper of general circulation in the county or as 22142
provided in section 7.16 of the Revised Code. The proceeds of the 22143
sale shall be paid to the treasurer of the municipal corporation 22144
and shall be credited to the general fund of the municipal 22145
corporation.22146

       If authorized to do so by an ordinance adopted by the 22147
legislative authority of the municipal corporation and if the 22148
property involved is not required to be disposed of pursuant to 22149
another section of the Revised Code, the chief of police or 22150
marshal may contribute property that is unclaimed for ninety days 22151
or more to one or more public agencies, to one or more nonprofit 22152
organizations no part of the net income of which inures to the 22153
benefit of any private shareholder or individual and no 22154
substantial part of the activities of which consists of carrying 22155
on propaganda or otherwise attempting to influence legislation, or 22156
to one or more organizations satisfying section 501(c)(3) or 22157
(c)(19) of the Internal Revenue Code of 1986.22158

       Sec. 742.41.  (A) As used in this section:22159

       (1) "Other system retirant" has the same meaning as in 22160
section 742.26 of the Revised Code.22161

       (2) "Personal history record" includes a member's, former 22162
member's, or other system retirant's name, address, telephone 22163
number, social security number, record of contributions, 22164
correspondence with the Ohio police and fire pension fund, status 22165
of any application for benefits, and any other information deemed 22166
confidential by the trustees of the fund.22167

       (B) The treasurer of state shall furnish annually to the 22168
board of trustees of the fund a sworn statement of the amount of 22169
the funds in the treasurer of state's custody belonging to the 22170
Ohio police and fire pension fund. The records of the fund shall 22171
be open for public inspection except for the following, which 22172
shall be excluded, except with the written authorization of the 22173
individual concerned:22174

       (1) The individual's personal history record;22175

       (2) Any information identifying, by name and address, the 22176
amount of a monthly allowance or benefit paid to the individual.22177

       (C) All medical reports and recommendations required are 22178
privileged, except that copies of such medical reports or 22179
recommendations shall be made available to the personal physician, 22180
attorney, or authorized agent of the individual concerned upon 22181
written release received from the individual or the individual's 22182
agent or, when necessary for the proper administration of the 22183
fund, to the board-assigned physician.22184

       (D) Any person who is a member of the fund or an other system 22185
retirant shall be furnished with a statement of the amount to the 22186
credit of the person's individual account upon the person's 22187
written request. The fund need not answer more than one such 22188
request of a person in any one year.22189

       (E) Notwithstanding the exceptions to public inspection in 22190
division (B) of this section, the fund may furnish the following 22191
information:22192

       (1) If a member, former member, or other system retirant is 22193
subject to an order issued under section 2907.15 of the Revised 22194
Code or an order issued under division (A) or (B) of section 22195
2929.192 of the Revised Code or is convicted of or pleads guilty 22196
to a violation of section 2921.41 of the Revised Code, on written 22197
request of a prosecutor as defined in section 2935.01 of the 22198
Revised Code, the fund shall furnish to the prosecutor the 22199
information requested from the individual's personal history 22200
record.22201

       (2) Pursuant to a court order issued pursuant to Chapter 22202
3119., 3121., 3123., or 3125. of the Revised Code, the fund shall 22203
furnish to a court or child support enforcement agency the 22204
information required under that section.22205

       (3) At the request of any organization or association of 22206
members of the fund, the fund shall provide a list of the names 22207
and addresses of members of the fund and other system retirants. 22208
The fund shall comply with the request of such organization or 22209
association at least once a year and may impose a reasonable 22210
charge for the list.22211

       (4) Within fourteen days after receiving from the director of 22212
job and family services a list of the names and social security 22213
numbers of recipients of public assistance pursuant to section 22214
5101.181 of the Revised Code, the fund shall inform the auditor of 22215
state of the name, current or most recent employer address, and 22216
social security number of each member or other system retirant 22217
whose name and social security number are the same as that of a 22218
person whose name or social security number was submitted by the 22219
director. The fund and its employees shall, except for purposes of 22220
furnishing the auditor of state with information required by this 22221
section, preserve the confidentiality of recipients of public 22222
assistance in compliance with division (A) of section 5101.181 of 22223
the Revised Code.22224

       (5) The fund shall comply with orders issued under section 22225
3105.87 of the Revised Code.22226

       On the written request of an alternate payee, as defined in 22227
section 3105.80 of the Revised Code, the fund shall furnish to the 22228
alternate payee information on the amount and status of any 22229
amounts payable to the alternate payee under an order issued under 22230
section 3105.171 or 3105.65 of the Revised Code.22231

       (6) At the request of any person, the fund shall make 22232
available to the person copies of all documents, including 22233
resumes, in the fund's possession regarding filling a vacancy of a 22234
police officer employee member, firefighter employee member, 22235
police retirant member, or firefighter retirant member of the 22236
board of trustees. The person who made the request shall pay the 22237
cost of compiling, copying, and mailing the documents. The 22238
information described in this division is a public record.22239

       (F) A statement that contains information obtained from the 22240
fund's records that is signed by the secretary of the board of 22241
trustees of the Ohio police and fire pension fund and to which the 22242
board's official seal is affixed, or copies of the fund's records 22243
to which the signature and seal are attached, shall be received as 22244
true copies of the fund's records in any court or before any 22245
officer of this state.22246

       Sec. 745.07.  An ordinance passed pursuant to section 745.06 22247
of the Revised Code shall not take effect until submitted to the 22248
electors of the municipal corporation, at a special or general 22249
election held in the municipal corporation at such time as the 22250
legislative authority determines, and approved by a majority of 22251
the electors voting on it. The ordinance shall be passed by an 22252
affirmative vote of not less than a majority of the members of the 22253
legislative authority and shall be subject to the approval of the 22254
mayor as provided by law. The ordinance shall specify the form or 22255
phrasing of the question to be placed upon the ballot. Thirty 22256
days' notice of the election shall be given by publication once a 22257
week for two consecutive weeks in two daily or weekly newspapers 22258
published or circulateda newspaper of general circulation in the 22259
municipal corporation and, ifor as provided in section 7.16 of 22260
the Revised Code. If the board of elections operates and maintains 22261
a web site, notice of the election also shall be posted on that 22262
web site for thirty days prior to the election. The notice shall 22263
contain the full form or phrasing of the question to be submitted. 22264
The clerk of the legislative authority shall certify the passage 22265
of the ordinance to the officers having control of elections in 22266
the municipal corporation, who shall cause the question to be 22267
voted on at the general or special election as specified in the 22268
ordinance.22269

       Sec. 747.05.  The board of rapid transit commissioners shall 22270
have control of the expenditure of all moneys appropriated by the 22271
legislative authority of the city, received from the sale of bonds 22272
provided for in sections 747.01 to 747.13, inclusive, of the 22273
Revised Code, or from any other source, for the purchase, 22274
construction, improvement, maintenance, equipment, or enjoyment of 22275
all such rapid transit property, but no liability shall be 22276
incurred or expenditure made unless the money required therefor is 22277
in the city treasury to the credit of the board of rapid transit 22278
commissioners' fund and not appropriated for any other purpose. 22279
Moneys to be derived from the sale of bonds, the issue of which 22280
has been authorized, shall be deemed to be in the treasury to the 22281
credit of such fund.22282

       All moneys expended for the construction and acquisition of 22283
parkways or boulevards, as authorized by such sections, shall be 22284
provided for partly by special appropriation or bond issue and 22285
partly by assessments, as specified in section 747.06 of the 22286
Revised Code, and such funds shall be separately accounted for, 22287
and such expenditure shall not be considered a part of the rapid 22288
transit expenditure authorized by this section. The board may let 22289
contracts for any part of the work to the lowest and best bidder 22290
after three weeks' advertisement in two newspapersa newspaper of 22291
general circulation in the city or as provided in section 7.16 of 22292
the Revised Code.22293

       The board may reject any bid, and the proceedings for such 22294
contracts and payment therefor shall be the same as provided for 22295
the director of public service except the requirement of the 22296
approval of the board of control.22297

       Sec. 747.11.  The board of rapid transit commissioners may 22298
grant to any corporation organized for street or interurban 22299
railway purposes the right to operate, by lease or otherwise, the 22300
depots, terminals, and railways mentioned in section 747.08 of the 22301
Revised Code upon such terms as the board is authorized by 22302
ordinance to agree upon with such corporation, subject to the 22303
approval of a majority of the electors of the city voting on the 22304
question.22305

       The board of rapid transit commissioners shall certify such 22306
lease or agreement to the board of elections, which shall then 22307
submit the question of the approval of such lease or agreement to 22308
the qualified electors of the city at either a special or general 22309
election as the ordinance specifies. Thirty days' notice of the 22310
election shall be given by publication in one or more of the 22311
newspapers publisheda newspaper of general circulation in the 22312
city once a week for two consecutive weeks prior to the election, 22313
and, ifor as provided in section 7.16 of the Revised Code. If the 22314
board of elections operates and maintains a web site, the board of 22315
elections shall post notice of the election for thirty days prior 22316
to the election on its web site. The notice shall set forth the 22317
terms of the lease or agreement and the time of holding the 22318
election. On the approval by a majority of the voters voting at 22319
the election, the corporation may operate such depots, terminals, 22320
and railways as provided in the lease or agreement, and 22321
corporations organized under the laws of this state for street or 22322
interurban railway purposes may lease and operate such depots, 22323
terminals, and railways.22324

       Sec. 747.12.  Whenever the board of rapid transit 22325
commissioners of a city declares by resolution that real estate of 22326
the city acquired for rapid transit purposes is not needed for the 22327
proper conduct and maintenance of such rapid transit system, such 22328
real estate may be sold or leased by the board to the highest 22329
bidder after advertisement once a week for three consecutive weeks 22330
in a newspaper of general circulation within the city or as 22331
provided in section 7.16 of the Revised Code. The board may reject 22332
any bid and readvertise until all such property is sold or leased. 22333
When the board has twice so offered to sell or lease such 22334
property, and it is not sold or leased, the board may privately 22335
sell or lease it.22336

       Moneys arising from such sales or leases shall be deposited 22337
in the treasury of the city to the credit of the board of rapid 22338
transit commissioners' fund, and may be expended for the purchase, 22339
construction, improvement, maintenance, equipment, and enjoyment 22340
of the city's rapid transit property, as such board directs.22341

       Contracts, leases, deeds, bills of sale, or other instruments 22342
in writing pertaining to such sales or leases shall be executed on 22343
behalf of the city by the board, by its president and secretary.22344

       Sec. 755.16.  (A) Any municipal corporation, township, 22345
township park district, county, or school districtcontracting 22346
subdivision, jointly with one or more other municipal 22347
corporations, townships, township park districts, counties, or 22348
school districts or with an educational service centercontracting 22349
subdivisions, in any combination, and a joint recreation district,22350
may acquire property for, construct, operate, and maintain any 22351
parks, playgrounds, playfields, gymnasiums, public baths, swimming 22352
pools, indoor recreation centers, educational facilities, or 22353
community centers. Any school district or, educational service 22354
center, or state institution of higher education may provide by 22355
the erection of any school or, educational service center, or 22356
state institution of higher education building or premises, or by 22357
the enlargement of, addition to, or reconstruction or improvement 22358
of any school or, educational service center, or state institution 22359
of higher education building or premises, for the inclusion of any 22360
such parks, recreational facilities, educational facilities, and 22361
community centers to be jointly acquired, constructed, operated, 22362
and maintained. Any municipal corporation, township, township park 22363
district, county, or school districtcontracting subdivision, 22364
jointly with one or more other municipal corporations, townships, 22365
township park districts, counties, or school districts or with an 22366
educational service centercontracting subdivisions, in any 22367
combination, and a joint recreation district, may equip, operate, 22368
and maintain those parks, recreational facilities, educational 22369
facilities, and community centers and may appropriate money for 22370
themthose purposes. An educational service center also may 22371
appropriate money for purposes of equipping, operating, and 22372
maintaining those parks, recreational facilities, and community 22373
centers.22374

       Any municipal corporation, township, township park district, 22375
county, school district, or educational service centercontracting 22376
subdivision agreeing to jointly acquire, construct, operate, or 22377
maintain parks, recreational facilities, educational facilities,22378
and community centers pursuant to this section may contribute 22379
lands, money, other personal property, or services to the joint 22380
venture, as may be agreed upon. Any agreement shall specify the 22381
rights of the parties in any lands or personal property 22382
contributed.22383

       Any lands acquired by a township park district pursuant to 22384
Chapter 511. of the Revised Code and established as a public park 22385
or parks may be contributed to a joint venture authorized by this 22386
section. Fees may be charged in connection with the use of any 22387
recreational facilities, educational facilities, and community 22388
centers that may be constructed on those lands.22389

       (B) Any township may, jointly with a private land owner, 22390
construct, operate, equip, and maintain free public playgrounds 22391
and playfields. Any equipment provided by a township pursuant to 22392
this division shall remain township property and shall be used 22393
subject to a right of removal by the township.22394

       (C) As used in this section and in sections 755.17 and 755.18 22395
of the Revised Code:22396

       (1) "Community centers" means facilities characterized by all 22397
of the following:22398

       (a) They are acquired, constructed, operated, or maintained 22399
by politicalcontracting subdivisions or an educational service 22400
center pursuant to division (A) of this section.22401

       (b) They may be used for governmental, civic, or educational 22402
operations or purposes, or recreational activities.22403

       (c) They may be used only by the entitiescontracting 22404
subdivisions that acquire, construct, operate, or maintain them or 22405
by any other person upon terms and conditions determined by those 22406
entitiescontracting subdivisions.22407

       (2) "Educational service center" has the same meaning as in 22408
division (A) of section 3311.05 of the Revised Code.22409

       (3) "Contracting subdivision" means a municipal corporation, 22410
township, joint recreation district, township park district, 22411
county, school district, educational service center, or state 22412
institution of higher education.22413

        (4) "School district" means any of the school districts or 22414
joint vocational school districts referred to in section 3311.01 22415
of the Revised Code.22416

        (5) "State institution of higher education" has the same 22417
meaning as in section 3345.011 of the Revised Code.22418

       Sec. 755.29.  The board of park trustees, before entering 22419
into any contract for the performance of any work, the cost of 22420
which exceeds tentwenty-five thousand dollars, shall cause plans 22421
and specifications and forms of bids to be prepared, and when 22422
adopted by the board, it shall have them printed for distribution 22423
among bidders.22424

       Sec. 755.41.  When lands lying within the limits of a 22425
municipal corporation have been dedicated to or for the use of the 22426
public for parks or park lands, and where such lands have remained 22427
unimproved and unused by the public for a period of twenty-one 22428
years and there appears to be little or no possibility that such 22429
lands will be improved and used by the public, the legislative 22430
authority of a municipal corporation in which said lands are 22431
located may, by ordinance, declare such parks or park lands 22432
vacated upon the petition of a majority of the abutting 22433
freeholders. No such parks or park lands shall be vacated unless 22434
notice of the pendency and prayer of the petition is given, in a 22435
newspaper of general circulation in the municipal corporation in 22436
which such lands are situated for three consecutive weeks, or as 22437
provided in section 7.16 of the Revised Code, preceding action on 22438
such petition. No such lands shall be vacated prior to a public 22439
hearing had thereon.22440

       Sec. 755.42.  Upon the vacation of parks or park lands as 22441
provided by section 755.41 of the Revised Code, the legislative 22442
authority of a municipal corporation shall offer such lands for 22443
sale at a public auction. No lands shall be sold until the 22444
legislative authority of such municipal corporation gives notice 22445
of intention to sell such lands. Such notice shall be published as 22446
provided in section 7.16 of the Revised Code or once a week for 22447
four consecutive weeks in a newspaper of general circulation in a 22448
municipal corporation in which the sale is to be had. The 22449
legislative authority of such municipal corporation or the board 22450
or officer having supervision or management of such real estate 22451
shall sell such lands to the highest and best bidder, provided 22452
that any and all bids made hereunder may be rejected.22453

       When such sale is made, the mayor or other officer of a 22454
municipal corporation in which sale is had and in which such lands 22455
are located, shall enter into a deed, conveying said lands to the 22456
purchaser thereof. At or after the time of sale, the auditor of 22457
the county shall place the lands sold hereunder on the tax 22458
duplicate of the county at a value to be established by himthe 22459
auditor as in cases where hethe auditor re-enters property which 22460
has been tax exempt on the taxable list of the county.22461

       The proceeds from the sale of lands sold pursuant to this 22462
section shall be placed in the general fund of the treasury of the 22463
municipal corporation in which such lands are located and may be 22464
disbursed as other general fund moneys.22465

       Sec. 755.43.  When real estate whichthat has been dedicated 22466
to or for the use of the public for parks or park lands is vacated 22467
by the legislative authority of a municipal corporation pursuant 22468
to section 755.41 of the Revised Code, and where reversionary 22469
interests have been set up in the event of the non-use of such 22470
lands for the dedicated purpose, such reversionary interests shall 22471
accelerate and vest in the holders thereof upon such vacation. 22472
Thereupon, the auditor of the county shall place the lands on the 22473
tax duplicate of the county in the names of such reversionaries as 22474
are known to and supplied by the legislative authority of the 22475
municipal corporation or the board or officer having supervision 22476
or management of such real estate. If the legislative authority of 22477
such board or officer is unable to furnish the names of such 22478
reversioners, the legislative authority of a municipal corporation 22479
shall fix a date on or before which claims to such real estate may 22480
be asserted and after which such real estate shall be sold. Notice 22481
shall be given of such date and of the sale to be held thereafter, 22482
as provided in section 7.16 of the Revised Code or once each week 22483
for four consecutive weeks in a newspaper of general circulation 22484
in the municipal corporation wherein such lands are located. In 22485
the event that no claims to such lands are asserted or found to be 22486
valid, the lands shall be sold pursuant to section 755.42 of the 22487
Revised Code, and the title of any holders of reversionary 22488
interests shall be extinguished.22489

       Nothing contained in sections 755.41, 755.42, or 755.43 of 22490
the Revised Code shall be construed as limiting any of the home 22491
rule powers conferred upon municipalities by Article XVIII of the 22492
Constitution of the State of Ohio.22493

       Sec. 759.47.  Land belonging to a public cemetery and used 22494
for an approach thereto, and which is, in the judgment of a 22495
majority of the officers having control or management thereof, 22496
unnecessary for cemetery purposes, may be sold by them at public 22497
sale to the highest bidder after advertisement as provided in 22498
section 7.16 of the Revised Code or once a week for five 22499
consecutive weeks in a newspaper of general circulation within the 22500
county in which the cemetery is situated. The board of township 22501
trustees or board of cemetery trustees of a municipal corporation 22502
making such sale shall execute in the name of the township or 22503
municipal corporation owning such cemetery proper conveyances for 22504
the land so sold.22505

       Sec. 901.09. (A) The director of agriculture may employ and 22506
establish a compensation rate for seasonal produce graders and 22507
seasonal gypsy mothtrap tenders, who shall be in the unclassified 22508
civil service.22509

       (B) In lieu of employing seasonal gypsy moth tenders as 22510
provided in division (A) of this section, the director may 22511
contract with qualified individuals or entities to perform gypsy 22512
moth trapping.22513

       Sec. 924.52.  (A) The Ohio grape industries committee may:22514

       (1) Conduct, and contract with others to conduct, research, 22515
including the study, analysis, dissemination, and accumulation of 22516
information obtained from the research or elsewhere, concerning 22517
the marketing and distribution of grapes and grape products, the 22518
storage, refrigeration, processing, and transportation of them, 22519
and the production and product development of grapes and grape 22520
products. The committee shall expend for these activities no less 22521
than thirty per cent and no more than seventy per cent of all 22522
money it receives from the Ohio grape industries fund created 22523
under section 924.54 of the Revised Code.22524

       (2) Provide the wholesale and retail trade with information 22525
relative to proper methods of handling and selling grapes and 22526
grape products;22527

       (3) Make or contract for market surveys and analyses, 22528
undertake any other similar activities that it determines are 22529
appropriate for the maintenance and expansion of present markets 22530
and the creation of new and larger markets for grapes and grape 22531
products, and make, in the name of the committee, contracts to 22532
render service in formulating and conducting plans and programs 22533
and such other contracts or agreements as the committee considers 22534
necessary for the promotion of the sale of grapes and grape 22535
products. The committee shall expend for these activities no less 22536
than thirty per cent and no more than seventy per cent of all 22537
money it receives from the fund.22538

       (4) Publish and distribute to producers and others 22539
information relating to the grape and grape product industries;22540

       (5) Propose to the director of agriculture for adoption, 22541
rescission, or amendment, pursuant to Chapter 119. of the Revised 22542
Code, rules necessary for the exercise of its powers and the 22543
performance of its duties;22544

       (6) Advertise for, post notices seeking, or otherwise solicit 22545
applicants to serve in administrative positions in the department 22546
of agriculture as employees who support the administrative 22547
functions of the committee. Applications shall be submitted to the 22548
committee. The committee shall select applicants that it wishes to 22549
recommend for employment and shall submit a list of the 22550
recommended applicants to the director.22551

       (B) The committee shall:22552

       (1) Promote the sale of grapes and grape products for the 22553
purpose of maintaining and expanding present markets and creating 22554
new and larger intrastate, interstate, and foreign markets for 22555
grapes and grape products, and inform the public of the uses and 22556
benefits of grapes and grape products;22557

       (2) Perform all acts and exercise all powers incidental to, 22558
in connection with, or considered reasonably necessary, proper, or 22559
advisable to effectuate the purposes of this section.22560

       Sec. 927.69.  To effect the purpose of sections 927.51 to 22561
927.73 of the Revised Code, the director of agriculture or the 22562
director's authorized representative may:22563

       (A) Make reasonable inspection of any premises in this state 22564
and any property therein or thereon;22565

       (B) Stop and inspect in a reasonable manner, any means of 22566
conveyance moving within this state upon probable cause to believe 22567
it contains or carries any pest, host, commodity, or other article 22568
that is subject to sections 927.51 to 927.72 of the Revised Code;22569

       (C) Conduct inspections of agricultural products that are 22570
required by other states, the United States department of 22571
agriculture, other federal agencies, or foreign countries to 22572
determine whether the products are infested. If, upon making such 22573
an inspection, the director or the director's authorized 22574
representative determines that an agricultural product is not 22575
infested, the director or the director's authorized representative 22576
may issue a certificate, as required by other states, the United 22577
States department of agriculture, other federal agencies, or 22578
foreign countries, indicating that the product is not infested.22579

        If the director charges fees for any of the certificates, 22580
agreements, or inspections specified in this section, the fees 22581
shall be as follows:22582

       (1) Phyto sanitaryPhytosanitary certificates, twenty-five 22583
dollars for those collectors or dealers that are licensed under 22584
section 927.53 of the Revised Codeshipments comprised exclusively 22585
of nursery stock;22586

       (2) Phyto sanitaryPhytosanitary certificates, one hundred 22587
dollars for all others;22588

       (3) Phytosanitary certificates, twenty-five dollars for 22589
replacement of an issued certificate because of a mistake on the 22590
certificate or a change made by the shipper if no additional 22591
inspection is required;22592

       (4) Compliance agreements, forty dollars;22593

       (4)(5) Agricultural products and their conveyances 22594
inspections, an amount equal to the hourly rate of pay in the 22595
highest step in the pay range, including fringe benefits, of a 22596
plant pest control specialist multiplied by the number of hours 22597
worked by such a specialist in conducting an inspection.22598

       The director may adopt rules under section 927.52 of the 22599
Revised Code that define the certificates, agreements, and 22600
inspections.22601

       The fees shall be credited to the plant pest program fund 22602
created in section 927.54 of the Revised Code. 22603

       Sec. 951.11.  A person finding an animal at large in 22604
violation of section 951.01 or 951.02 of the Revised Code, may, 22605
and a law enforcement officer of a county, township, city, or 22606
village, on view or information, shall, take and confine such 22607
animal, forthwith giving notice thereof to the owner or keeper, if 22608
known, and, if not known, by publishing a notice describing such 22609
animal at least once in a newspaper of general circulation in the 22610
county, township, city, or village wherein the animal was found. 22611
If the owner or keeper does not appear and claim the animal and 22612
pay the compensation prescribed in section 951.13 of the Revised 22613
Code for so taking, advertising, and keeping it within ten days 22614
from the date of such notice, such person or the county shall have 22615
a lien therefor and the animal may be sold at public auction as 22616
provided in section 1311.49 of the Revised Code, and the residue 22617
of the proceeds of sale shall be paid and deposited by the 22618
treasurer in the general fund of the county.22619

       Sec. 1309.528. (A) All fees collected by the secretary of 22620
state for filings under Title XIII or XVII of the Revised Code 22621
shall be deposited into the state treasury to the credit of the 22622
corporate and uniform commercial code filing fund, which is hereby 22623
created. All moneys credited to the fund, subject to division (B) 22624
of this section, shall be used for the purpose of paying for the 22625
operations of the office of the secretary of state and for the 22626
purpose of paying for expenses relating to the processing of 22627
filings under Title XIII or XVII of the Revised Code.22628

       (B) There is hereby created in the state treasury the 22629
secretary of state business technology fund. One per cent of the 22630
money credited to the corporate and uniform commercial code filing 22631
fund created in division (A) of this section shall be transferred 22632
to the credit of this fund. All moneys credited to this fund shall 22633
be used only for the upkeep, improvement, or replacement of 22634
equipment, or for the purpose of training employees in the use of 22635
equipment, used to conduct business of the secretary of state's 22636
office under Title XIII or XVII of the Revised Code.22637

       Sec. 1327.46. (A)As used in sections 1327.46 to 1327.61 of 22638
the Revised Code:22639

       (A) "Weights and measures" means all weights and measures of 22640
every kind, instruments and devices for weighing and measuring, 22641
and any appliances and accessories associated with any such 22642
instruments and devices, except that the term"weights and 22643
measures" shall not be construed to include meters for the 22644
measurement of electricity, gas, whether natural or manufactured, 22645
or water when the same are operated in a public utility system. 22646
Such electricity, gas, and water meters, and appliances or 22647
accessories associated therewith, are specifically excluded from 22648
the purview of the weights and measures laws.22649

       (B) "Intrastate commerce" means all commerce or trade that is 22650
begun, carried on, and completed wholly within the limits of this 22651
state, and "introduced into intrastate commerce" defines the time 22652
and place in which the first sale and delivery of a commodity is 22653
made within the state, the delivery being made either directly to 22654
the purchaser or to a common carrier for shipment to the 22655
purchaser.22656

       (C) "Package" means any commodity put up or packaged in any 22657
manner in advance of sale in units suitable for either wholesale 22658
or retail sale.22659

       (D) "Consumer package" means a package that is customarily 22660
produced or distributed for sale through a retail sales agency for 22661
consumption by an individual or use by an individual.22662

       (E) "Weight" as used in connection with any commodity means 22663
net weight.22664

       (F) "Correct" as used in connection with weights and measures 22665
means conformity with all applicable requirements of sections 22666
1327.46 to 1327.61 of the Revised Code and rules adopted pursuant 22667
to those sections.22668

       (G) "Primary standards" means the physical standards of the 22669
state that serve as the legal reference from which all other 22670
standards and weights and measures are derived.22671

       (H) "Secondary standards" means the physical standards that 22672
are traceable to the primary standards through comparisons, using 22673
acceptable laboratory procedures, and used in the enforcement of 22674
weights and measures laws and rules.22675

       (I) "Sale from bulk" means the sale of commodities when the 22676
quantity is determined at the time of sale.22677

       (J) "Net weight" means the weight of a commodity, excluding 22678
any materials, substances, or items not considered to be a part of 22679
the commodity. Materials, substances, or items not considered to 22680
be part of the commodity include, but are not limited to, 22681
containers, conveyances, bags, wrappers, packaging materials, 22682
labels, individual piece coverings, decorative accompaniments, and 22683
coupons.22684

       (K) "Random weight package" means a package that is one of a 22685
lot, shipment, or delivery of packages of the same commodity with 22686
no fixed pattern of weights.22687

       (L) "Sold" includes keeping, offering, or exposing for sale.22688

       (M) "Commercially used weighing and measuring device" means a 22689
device described in the national institute of standards and 22690
technology handbook 44 or its supplements and revisions and any 22691
other weighing and measuring device designated by rules adopted 22692
under division (C) of section 1327.50 of the Revised Code. 22693
"Commercially used weighing and measuring device" includes, but is 22694
not limited to, a livestock scale, vehicle scale, railway scale, 22695
vehicle tank meter, bulk rack meter, and LPG meter.22696

       (N) "Livestock scale" means a scale equipped with stock racks 22697
and gates that is adapted to weighing livestock standing on the 22698
scale platform.22699

       (O) "Vehicle scale" means a scale that is adapted to weighing 22700
highway, farm, or other large industrial vehicles other than 22701
railroad cars.22702

       (P) "Railway scale" means a rail scale that is designed to 22703
weigh railroad cars.22704

       (Q) "Vehicle tank meter" means a vehicle mounted device that 22705
is designed for the measurement and delivery of liquid products 22706
from a tank.22707

       (R) "Bulk rack meter" means a wholesale device, usually 22708
mounted on a rack, that is designed for the measurement and 22709
delivery of liquid products.22710

       (S) "LPG meter" means a system, including a mechanism or 22711
machine of the meter type, that is designed to measure and deliver 22712
liquefied petroleum gas in the liquid state by a definite quantity 22713
whether installed in a permanent location or mounted on a vehicle.22714

       Sec. 1327.50.  The director of agriculture shall:22715

       (A) Maintain traceability of the state standards to those of 22716
the national institute of standards and technology;22717

       (B) Enforce sections 1327.46 to 1327.61 of the Revised Code;22718

       (C) Issue reasonable rules for the uniform enforcement of 22719
sections 1327.46 to 1327.61 of the Revised Code, which rules shall 22720
have the force and effect of law;22721

       (D) Establish standards of weight, measure, or count, 22722
reasonable standards of fill, and standards for the voluntary 22723
presentation of cost per unit information for any package;22724

       (E) Grant any exemptions from sections 1327.46 to 1327.61 of 22725
the Revised Code, or any rules adopted under those sections, when 22726
appropriate to the maintenance of good commercial practices in the 22727
state;22728

       (F) Conduct investigations to ensure compliance with sections 22729
1327.46 to 1327.61 of the Revised Code;22730

       (G) Delegate to appropriate personnel any of these 22731
responsibilities for the proper administration of the director's 22732
office;22733

       (H) Test as often as is prescribed by rule the standards of 22734
weight and measure used by any municipal corporation or county 22735
within the state, and approve the same when found to be correct;22736

       (I) Inspect and test weights and measures kept, offered, or 22737
exposed for salethat are sold;22738

       (J) Inspect and test to ascertain if they are correct, 22739
weights and measures commercially used either:22740

       (1) In determining the weight, measure, or count of 22741
commodities or things sold, or offered or exposed for sale, on the 22742
basis of weight, measure, or count;22743

       (2) In computing the basic charge or payment for goods or 22744
services rendered on the basis of weight, measure, or count.22745

       (K) Test all weights and measures used in checking the 22746
receipt or disbursement of supplies in every institution, for the 22747
maintenance of which funds are appropriated by the general 22748
assembly;22749

       (L) Approve for use, and may mark, such weights and measures 22750
as the director finds to be correct, and shall reject and mark as 22751
rejected such weights and measures as the director finds to be 22752
incorrect. Weights and measures that have been rejected may be 22753
seized if not corrected within the time specified or if used or 22754
disposed of in a manner not specifically authorized, and may be 22755
condemned and seized if found to be incorrect and not capable of 22756
being made correct.22757

       (M) Weigh, measure, or inspect packaged commodities kept, 22758
offered, or exposed for sale,that are sold, or in the process of 22759
delivery to determine whether they contain the amounts represented 22760
and whether they are kept, offered, or exposed for salesold in 22761
accordance with sections 1327.46 to 1327.61 of the Revised Code or 22762
rules adopted under those sections. In carrying out this section, 22763
the director shall employ recognized sampling procedures, such as 22764
those designated in the national institute of standards and 22765
technology handbook 133 "checking the net contents of packaged 22766
goods."22767

       (N) Prescribe by rule the appropriate term or unit of weight 22768
or measure to be used, whenever the director determines in the 22769
case of a specific commodity that an existing practice of 22770
declaring the quantity by weight, measure, numerical count, or 22771
combination thereof, does not facilitate value comparisons by 22772
consumers, or offers an opportunity for consumer confusion;22773

       (O) Allow reasonable variations from the stated quantity of 22774
contents, which shall include those caused by unavoidable 22775
deviations in good manufacturing practice and by loss or gain of 22776
moisture during the course of good distribution practice, only 22777
after the commodity has entered intrastate commerce;22778

       (P) Provide for the weights and measures training of 22779
inspector personnel and establish minimum training requirements, 22780
which shall be met by all inspector personnel, whether county, 22781
municipal, or state;22782

       (Q) Prescribe the methods of tests and inspections to be 22783
employed in the enforcement of sections 1327.46 to 1327.61 of the 22784
Revised Code. The director may prescribe the official test and 22785
inspection forms to be used.22786

       (R) Provide by rule for voluntary registration with the 22787
director of private weighing and measuring device servicing 22788
agencies, and personnel;22789

       (S) In conjunction with the national institute of standards 22790
and technology, operate a type evaluation program for 22791
certification of weighing and measuring devices as part of the 22792
national type evaluation program. The director shall establish a 22793
schedule of fees for services rendered by the department of 22794
agriculture for type evaluation services. The director may require 22795
any weighing or measuring instrument or device to be traceable to 22796
a national type evaluation program certificate of conformance 22797
prior to use for commercial or law enforcement purposes.22798

       Sec. 1327.501.  (A) No person shall operate in this state a 22799
commercially used weighing and measuring device, for which a fee 22800
is established in division (G) of this section unless the operator 22801
of the device obtains a permit issued by the director of 22802
agriculture or the director's designee. 22803

       (B) An application for a permit shall be submitted to the 22804
director on a form that the director prescribes and provides. The 22805
applicant shall include with the application any information that 22806
is specified on the application form as well as the application 22807
fee established in this section.22808

       (C) Upon receipt of a completed application and the required 22809
fee from an applicant, the director or the director's designee 22810
shall issue or deny the permit to operate the commercially used 22811
weighing and measuring device that was the subject of the 22812
application.22813

       (D) A permit issued under this section expires on the 22814
thirtieth day of June of the year following its issuance and may 22815
be renewed annually on or before the first day of July of that 22816
year upon payment of a permit renewal fee established in this 22817
section.22818

       (E) If a permit renewal fee is more than sixty days past due, 22819
the director may assess a late penalty in an amount established 22820
under this section.22821

       (F) The director shall do both of the following:22822

       (1) Establish procedures and requirements governing the 22823
issuance or denial of permits under this section;22824

       (2) Establish late penalties to be assessed for the late 22825
payment of a permit renewal fee and fees for the replacement of 22826
lost or destroyed permits.22827

       (G) An applicant for a permit to operate under this section 22828
shall pay an application fee in the following applicable amount:22829

       (1) Seventy-five dollars for a livestock scale;22830

       (2) Seventy-five dollars for a vehicle scale;22831

       (3) Seventy-five dollars for a railway scale;22832

       (4) Seventy-five dollars for a vehicle tank meter;22833

       (5) Seventy-five dollars for a bulk rack meter;22834

       (6) Seventy-five dollars for a LPG meter.22835

       A person who is issued a permit under this section and who 22836
seeks to renew that permit shall pay an annual permit renewal fee. 22837
The amount of a permit renewal fee shall be equal to the 22838
application fee for that permit established in this division. 22839

       (H) All money collected through the payment of fees and the 22840
imposition of penalties under this section shall be credited to 22841
the metrology and scale certification and device permitting fund 22842
created in section 1327.511 of the Revised Code.22843

       Sec. 1327.51.  (A) When necessary for the enforcement of 22844
sections 1327.46 to 1327.61 of the Revised Code or rules adopted 22845
pursuant thereto, the director of agriculture and any weights and 22846
measures official acting under the authority of section 1327.52 of 22847
the Revised Code may do any of the following:22848

       (1) Enter any commercial premises during normal business 22849
hours, except that in the event such premises are not open to the 22850
public, hethe director or official shall first present histhe 22851
director's or official's credentials and obtain consent before 22852
making entry thereto, unless a search warrant previously has been 22853
obtained;22854

       (2) Issue stop-use, hold, and removal orders with respect to 22855
any weights and measures commercially used, and stop-sale, hold, 22856
and removal orders with respect to any packaged commodities or 22857
bulk commodity observed to be or believed to be kept, offered, or 22858
exposed for salesold;22859

       (3) Seize for use as evidence any incorrect or unapproved 22860
weight or measure or any package or commodity found to be used, 22861
retained, offered or exposed for sale, or sold in violation of 22862
sections 1327.46 to 1327.61 of the Revised Code or rules22863
promulgatedadopted pursuant thereto.22864

       (B) The director shall afford an opportunity for a hearing in 22865
accordance with Chapter 119. of the Revised Code to any owner or 22866
operator whose property is seized by the Ohio department of 22867
agriculture.22868

       Sec. 1327.511.  All money collected under sectionsections22869
1327.50 and 1327.501 of the Revised Code from fees and for 22870
services rendered by the department of agriculture in operating 22871
the type evaluation program, a metrology laboratory program, and 22872
the device permitting program shall be deposited in the state 22873
treasury to the credit of the metrology and scale certification 22874
and device permitting fund, which is hereby created. Money 22875
credited to the fund shall be used to pay operating costs incurred 22876
by the department in administering the programprograms.22877

       Sec. 1327.54.  No person shall misrepresent the price of any 22878
commodity or service sold, offered, exposed, or advertised for 22879
sale by weight, measure, or count, nor represent the price in any 22880
manner calculated or tending to mislead or in any way deceive a 22881
person.22882

       Sec. 1327.57.  (A) Except as otherwise provided by law, any 22883
consumer package or commodity in package form introduced or 22884
delivered for introduction into or received in intrastate 22885
commerce, kept for the purpose of sale, or offered or exposed for 22886
salesold in intrastate commerce shall bear on the outside of the 22887
package a definite, plain, and conspicuous declaration, as may be 22888
prescribed by rule adopted by the director of agriculture, of any 22889
of the following, as applicable:22890

       (1) The identity of the commodity in the package unless the 22891
same can easily be identified through the wrapper or container;22892

       (2) The net quantity of the contents in terms of weight, 22893
measure, or count;22894

       (3) In the case of any package kept, or offered or exposed 22895
for sale, or sold at any place other than on the premises where 22896
packed, the name and place of business of the manufacturer, 22897
packer, or distributor.22898

       This section does not apply to beer or intoxicating liquor as 22899
defined in section 4301.01 of the Revised Code, or packages 22900
thereof, or to malt or brewer's wort, or packages thereof.22901

       (B) Under division (A)(2) of this section, neither the 22902
qualifying term "when packed" or any words of similar import, nor 22903
any term qualifying a unit of weight, measure, or count that tends 22904
to exaggerate the amount of commodity in a package, shall be used.22905

       (C) In addition to the declarations required by division (A) 22906
of this section, any package or commodity in package form, if the 22907
package is one of a lot containing random weights, measures, or 22908
counts of the same commodity and bears the total selling price of 22909
the package, shall bear on the outside of the package a plain and 22910
conspicuous declaration of the price per single unit of weight, 22911
measure, or count.22912

       (D) No package or commodity in package form shall be so 22913
wrapped, nor shall it be in a container so made, formed, or 22914
filled, as to mislead the purchaser as to the quantity of the 22915
contents of the package, and the contents of a container shall not 22916
fall below any reasonable standard of fill that may have been 22917
prescribed for the commodity in question by the director.22918

       Sec. 1327.62.  Whenever the director of agriculture, or his22919
the director's designee, has cause to believe that any person has 22920
violated, or is violating, sectionany provision of sections22921
1327.54 or1327.46 to 1327.61 of the Revised Code or a rule 22922
adopted under them, hethe director, or histhe director's22923
designee, may conduct a hearing in accordance with Chapter 119. of 22924
the Revised Code to determine whether a violation has occurred. If 22925
the director or histhe director's designee determines that the 22926
person has violated or is violating section 1327.54 orany 22927
provision of sections 1327.46 to 1327.61 of the Revised Code or a 22928
rule adopted under it, hethe director or the director's designee22929
may assess a civil penalty against the person. The person is 22930
liable for a civil penalty of not more than five hundred dollars 22931
for a first violation; for a second violation the person is liable 22932
for a civil penalty of not more than two thousand five hundred 22933
dollars; for each subsequent violation that occurs within five 22934
years after the second violation, the person is liable for a civil 22935
penalty of not more than ten thousand dollars.22936

       Any person assessed a civil penalty under this section shall 22937
pay the amount prescribed to the department of agriculture. The 22938
department shall remit all moneys collected under this section to 22939
the treasurer of state for deposit in the general revenue fund.22940

       Sec. 1327.99.  Whoever violates section 1327.501 or 1327.54 22941
or division (A), (B), (C), or (D) of section 1327.61 of the 22942
Revised Code or a rule adopted under sections 1327.46 to 1327.61 22943
of the Revised Code is guilty of a misdemeanor of the second 22944
degree on a first offense; on each subsequent offense within seven 22945
years after the first offense, such person is guilty of a 22946
misdemeanor of the first degree.22947

       Sec. 1329.04.  Registration of a trade name or report of a 22948
fictitious name, under sections 1329.01 to 1329.10 of the Revised 22949
Code, shall be effective for a term of five years from the date of 22950
registration or report. Upon application filed within six months 22951
prior to the expiration of such term, on a form furnished by the 22952
secretary of state, the registration or report may be renewed at 22953
the end of each five-year period for a like term, provided that a 22954
general partnership shall renew its registration or report 22955
whenever any partner named on its registration or report ceases to 22956
be a partner. Such a renewal shall extend the registration or 22957
report for five years, unless further changes occur in the 22958
interim. The renewal fee specified in division (S)(3) of section 22959
111.16 of the Revised Code, payable to the secretary of state, 22960
shall accompany the application for renewal of the registration or 22961
report.22962

       The secretary of state shall notify persons who have 22963
registered trade names or reported fictitious names, within the 22964
six months next preceding the expiration of the five years from 22965
the date of registration or report, of the necessity of renewal by22966
writingordinary or electronic mail to the last known physical or 22967
electronic mail address of such persons.22968

       Sec. 1329.42.  A person who uses in this state a name, mark, 22969
or device to indicate ownership of articles or supplies may file 22970
in the office of the secretary of state, on a form to be 22971
prescribed by the secretary of state, a verified statement setting 22972
forth, but not limited to, the following information:22973

       (A) The name and business address of the person filing the 22974
statement; and, if a corporation, the state of incorporation;22975

       (B) The nature of the business of the applicant;22976

       (C) The type of articles or supplies in connection with which 22977
the name, mark, or device is used.22978

       The statement shall include or be accompanied by a specimen 22979
evidencing actual use of the name, mark, or device, together with 22980
the filing fee specified in division (U)(1) of section 111.16 of 22981
the Revised Code. The registration of a name, mark, or device 22982
pursuant to this section is effective for a ten-year period 22983
beginning on the date of registration. If an application for 22984
renewal is filed within six months prior to the expiration of the 22985
ten-year period on a form prescribed by the secretary of state, 22986
the registration may be renewed at the end of each ten-year period 22987
for an additional ten-year period. The renewal fee specified in 22988
division (U)(2) of section 111.16 of the Revised Code shall 22989
accompany the application for renewal. The secretary of state 22990
shall notify a registrant within the six months next preceding the 22991
expiration of ten years from the date of registration of the 22992
necessity of renewal by writingordinary or electronic mail to the 22993
last known physical or electronic mail address of the registrant.22994

       Sec. 1332.24. (A)(1) In accordance with section 1332.25 of 22995
the Revised Code, the director of commerce may issue to any 22996
person, or renew, a video service authorization, which 22997
authorization confers on the person the authority, subject to 22998
sections 1332.21 to 1332.34 of the Revised Code, to provide video 22999
service in its video service area; construct and operate a video 23000
service network in, along, across, or on public rights-of-way for 23001
the provision of video service; and, when necessary to provide 23002
that service, exercise the power of a telephone company under 23003
section 4931.04 of the Revised Code. The term of a video service 23004
authorization or authorization renewal shall be ten years.23005

       (2) For the purposes of the "Cable Communications Policy Act 23006
of 1984," Pub. L. No. 98-549, 98 Stat. 2779, 47 U.S.C. 521 et 23007
seq., a video service authorization shall constitute a franchise 23008
under that law, and the director shall be the sole franchising 23009
authority under that law for video service authorizations in this 23010
state. 23011

       (3) The director may impose upon and collect an annual 23012
assessment on video service providers. All money collected under 23013
division (A)(3) of this section shall be deposited in the state 23014
treasury to the credit of the division of administrationvideo 23015
service authorization fund created under section 121.081332.2523016
of the Revised Code. The total amount assessed in a fiscal year 23017
shall not exceed the lesser of four hundred fifty thousand dollars 23018
or, as shall be determined annually by the director, the 23019
department's actual, current fiscal year administrative costs in 23020
carrying out its duties under sections 1332.21 to 1332.34 of the 23021
Revised Code. The director shall allocate that total amount 23022
proportionately among the video service providers to be assessed, 23023
using a formula based on subscriber counts as of the thirty-first 23024
day of December of the preceding calendar year, which counts shall 23025
be submitted to the director not later than the thirty-first day 23026
of January of each year, via a notarized statement signed by an 23027
authorized officer. Any information submitted by a video service 23028
provider to the director for the purpose of determining subscriber 23029
counts shall be considered trade secret information, shall not be 23030
disclosed except by court order, and shall not constitute a public 23031
record under section 149.43 of the Revised Code. On or about the 23032
first day of June of each year, the director shall send to each 23033
video service provider to be assessed written notice of its 23034
proportional amount of the total assessment. The provider shall 23035
pay that amount on a quarterly basis not later than forty-five 23036
days after the end of each calendar quarter. After the initial 23037
assessment, the director annually shall reconcile the amount 23038
collected with the total, current amount assessed pursuant to this 23039
section, and either shall charge each assessed video service 23040
provider its respective proportion of any insufficiency or 23041
proportionately credit the provider's next assessment for any 23042
excess collected.23043

       (B)(1) The director may investigate alleged violations of or 23044
failures to comply with division (A) of section 1332.23, division 23045
(A) of this section, division (C) of section 1332.25, division (C) 23046
or (D) of section 1332.26, division (A), (B), or (C) of section 23047
1332.27, division (A) of section 1332.28, division (A) or (B) of 23048
section 1332.29, or section 1332.30 or 1332.31 of the Revised 23049
Code, or complaints concerning any such violation or failure. 23050
Except as provided in this section, the director has no authority 23051
to regulate video service in this state, including, but not 23052
limited to, the rates, terms, or conditions of that service.23053

       (2) In conducting an investigation under division (B)(1) of 23054
this section, the director, by subpoena, may compel witnesses to 23055
testify in relation to any matter over which the director has 23056
jurisdiction and may require the production of any book, record, 23057
or other document pertaining to that matter. If a person fails to 23058
file any statement or report, obey any subpoena, give testimony, 23059
produce any book, record, or other document as required by a 23060
subpoena, or permit photocopying of any book, record, or other 23061
document subpoenaed, the court of common pleas of any county in 23062
this state, upon application made to it by the director, shall 23063
compel obedience by attachment proceedings for contempt, as in the 23064
case of disobedience of the requirements of a subpoena issued from 23065
the court or a refusal to testify.23066

       (C)(1) If the director finds that a person has violated or 23067
failed to comply with division (A) of section 1332.23, division 23068
(A) of this section, division (C) of section 1332.25, division (C) 23069
or (D) of section 1332.26, division (A), (B), or (C) of section 23070
1332.27, division (A) of section 1332.28, division (A) or (B) of 23071
section 1332.29, or section 1332.30 or 1332.31 of the Revised 23072
Code, and the person has failed to cure the violation or failure 23073
after reasonable, written notice and reasonable time to cure, the 23074
director may do any of the following:23075

       (a) Apply to the court of common pleas of any county in this 23076
state for an order enjoining the activity or requiring compliance. 23077
Such an action shall be commenced not later than three years after 23078
the date the alleged violation or failure occurred or was 23079
reasonably discovered. Upon a showing by the director that the 23080
person has engaged in a violation or failure to comply, the court 23081
shall grant an injunction, restraining order, or other appropriate 23082
relief.23083

       (b) Enter into a written assurance of voluntary compliance 23084
with the person;23085

       (c) Pursuant to an adjudication under Chapter 119. of the 23086
Revised Code, assess a civil penalty in an amount determined by 23087
the director, including for any failure to comply with an 23088
assurance of voluntary compliance under division (C)(1)(b) of this 23089
section. The amount shall be not more than one thousand dollars 23090
for each day of violation or noncompliance, not to exceed a total 23091
of ten thousand dollars, counting all subscriber impacts as a 23092
single violation or act of noncompliance. In determining whether a 23093
civil penalty is appropriate under division (C)(1)(c) of this 23094
section, the director shall consider all of the following factors:23095

       (i) The seriousness of the noncompliance;23096

       (ii) The good faith efforts of the person to comply;23097

       (iii) The person's history of noncompliance;23098

       (iv) The financial resources of the person;23099

       (v) Any other matter that justice requires.23100

       Civil penalties collected pursuant to division (C)(1)(c) of 23101
this section shall be deposited to the credit of the video service 23102
enforcement fund in the state treasury, which is hereby created, 23103
to be used by the department of commerce in carrying out its 23104
duties under this section.23105

       (2) Pursuant to an adjudication under Chapter 119. of the 23106
Revised Code, the director may revoke, in whole or in part, the 23107
video service authorization of any person that has repeatedly and 23108
knowingly violated or failed to comply with division (A) of 23109
section 1332.23, division (A) of this section, division (C) of 23110
section 1332.25, division (C) or (D) of section 1332.26, division 23111
(A), (B), or (C) of section 1332.27, division (A) of section 23112
1332.28, division (A) or (B) of section 1332.29, or section 23113
1332.30 or 1332.31 of the Revised Code and that has failed to cure 23114
the violations or noncompliances after reasonable written notice 23115
and reasonable time to cure. Such person acts knowingly, 23116
regardless of the person's purpose, when the person is aware that 23117
the person's conduct will probably cause a certain result or will 23118
probably be of a certain nature. A person has knowledge of 23119
circumstances when the person is aware that such circumstances 23120
probably exist.23121

       (3) The court shall conduct a de novo review in any appeal 23122
from an adjudication under division (C)(1)(c) or (C)(2) of this 23123
section.23124

       (D) The public utilities commission has no authority over a 23125
video service provider in its offering of video service or a cable 23126
operator in its offering of cable or video service, or over any 23127
person in its offering of video service pursuant to a competitive 23128
video service agreement.23129

       Sec. 1501.022.  There is hereby created in the state treasury 23130
the injection well review fund consisting of moneys transferred to 23131
it under section 6111.046 of the Revised Code. Moneys in the fund 23132
shall be used by the chiefs of the divisions of mineral resources 23133
management, oil and gas resources management, geological survey, 23134
and soil and water resources in the department of natural 23135
resources exclusively for the purpose of executing their duties 23136
under sections 6111.043 to 6111.047 of the Revised Code.23137

       Sec. 1501.40.  The department of natural resources is the 23138
designated state agency responsible for the coordination and 23139
administration of sections 120 to 136 of the "National and 23140
Community Service Act of 1990," 104 Stat. 3127 (1990), 42 U.S.C.A. 23141
12401 to 12456, as amended. With the assistance of the Ohio23142
communitycommission on service counciland volunteerism created 23143
in section 121.40 of the Revised Code, the director of natural 23144
resources shall coordinate with other state agencies to apply for 23145
funding under the act when appropriate and shall administer any 23146
federal funds the state receives under sections 120 to 136 of the 23147
act.23148

       Sec. 1503.05.  (A) The chief of the division of forestry may 23149
sell timber and other forest products from the state forest and 23150
state forest nurseries whenever the chief considers such a sale 23151
desirable and, with the approval of the attorney general and the 23152
director of natural resources, may sell portions of the state 23153
forest lands when such a sale is advantageous to the state.23154

       (B) Except as otherwise provided in this section, a timber 23155
sale agreement shall not be executed unless the person or 23156
governmental entity bidding on the sale executes and files a 23157
surety bond conditioned on completion of the timber sale in 23158
accordance with the terms of the agreement in an amount equal to 23159
twenty-five per cent of the highest value cutting section. All 23160
bonds shall be given in a form prescribed by the chief and shall 23161
run to the state as obligee.23162

       The chief shall not approve any bond until it is personally 23163
signed and acknowledged by both principal and surety, or as to 23164
either by the attorney in fact thereof, with a certified copy of 23165
the power of attorney attached. The chief shall not approve the 23166
bond unless there is attached a certificate of the superintendent 23167
of insurance that the company is authorized to transact a fidelity 23168
and surety business in this state.23169

       In lieu of a bond, the bidder may deposit any of the 23170
following:23171

       (1) Cash in an amount equal to the amount of the bond;23172

       (2) United States government securities having a par value 23173
equal to or greater than the amount of the bond;23174

       (3) Negotiable certificates of deposit or irrevocable letters 23175
of credit issued by any bank organized or transacting business in 23176
this state having a par value equal to or greater than the amount 23177
of the bond.23178

       The cash or securities shall be deposited on the same terms 23179
as bonds. If one or more certificates of deposit are deposited in 23180
lieu of a bond, the chief shall require the bank that issued any 23181
of the certificates to pledge securities of the aggregate market 23182
value equal to the amount of the certificate or certificates that 23183
is in excess of the amount insured by the federal deposit 23184
insurance corporation. The securities to be pledged shall be those 23185
designated as eligible under section 135.18 of the Revised Code. 23186
The securities shall be security for the repayment of the 23187
certificate or certificates of deposit.23188

       Immediately upon a deposit of cash, securities, certificates 23189
of deposit, or letters of credit, the chief shall deliver them to 23190
the treasurer of state, who shall hold them in trust for the 23191
purposes for which they have been deposited. The treasurer of 23192
state is responsible for the safekeeping of the deposits. A bidder 23193
making a deposit of cash, securities, certificates of deposit, or 23194
letters of credit may withdraw and receive from the treasurer of 23195
state, on the written order of the chief, all or any portion of 23196
the cash, securities, certificates of deposit, or letters of 23197
credit upon depositing with the treasurer of state cash, other 23198
United States government securities, or other negotiable 23199
certificates of deposit or irrevocable letters of credit issued by 23200
any bank organized or transacting business in this state, equal in 23201
par value to the par value of the cash, securities, certificates 23202
of deposit, or letters of credit withdrawn.23203

       A bidder may demand and receive from the treasurer of state 23204
all interest or other income from any such securities or 23205
certificates as it becomes due. If securities so deposited with 23206
and in the possession of the treasurer of state mature or are 23207
called for payment by their issuer, the treasurer of state, at the 23208
request of the bidder who deposited them, shall convert the 23209
proceeds of the redemption or payment of the securities into other 23210
United States government securities, negotiable certificates of 23211
deposit, or cash as the bidder designates.23212

       When the chief finds that a person or governmental agency has 23213
failed to comply with the conditions of the person's or 23214
governmental agency's bond, the chief shall make a finding of that 23215
fact and declare the bond, cash, securities, certificates, or 23216
letters of credit forfeited. The chief thereupon shall certify the 23217
total forfeiture to the attorney general, who shall proceed to 23218
collect the amount of the bond, cash, securities, certificates, or 23219
letters of credit.23220

       In lieu of total forfeiture, the surety, at its option, may 23221
cause the timber sale to be completed or pay to the treasurer of 23222
state the cost thereof.23223

       All moneys collected as a result of forfeitures of bonds, 23224
cash, securities, certificates, and letters of credit under this 23225
section shall be credited to the state forest fund created in this 23226
section.23227

       (C) The chief may grant easements and leases on portions of 23228
the state forest lands and state forest nurseries under terms that 23229
are advantageous to the state, and the chief may grant mineral 23230
rights on a royalty basis on those lands and nurseries, with the 23231
approval of the attorney general and the director.23232

       (D) All moneys received from the sale of state forest lands, 23233
or in payment for easements or leases on or as rents from those 23234
lands or from state forest nurseries, shall be paid into the state 23235
treasury to the credit of the state forest fund, which is hereby 23236
created. In addition, all moneys received from federal grants, 23237
payments, and reimbursements, from the sale of reforestation tree 23238
stock, from the sale of forest products, other than standing 23239
timber, and from the sale of minerals taken from the state forest 23240
lands and state forest nurseries, together with royalties from 23241
mineral rights, shall be paid into the state treasury to the 23242
credit of the state forest fund. Any other revenues derived from 23243
the operation of the state forests and related facilities or 23244
equipment also shall be paid into the state treasury to the credit 23245
of the state forest fund, as shall contributions received for the 23246
issuance of Smokey Bear license plates under section 4503.574 of 23247
the Revised Code and any other moneys required by law to be 23248
deposited in the fund.23249

        The state forest fund shall not be expended for any purpose 23250
other than the administration, operation, maintenance, 23251
development, or utilization of the state forests, forest 23252
nurseries, and forest programs, for facilities or equipment 23253
incident to them, or for the further purchase of lands for state 23254
forest or forest nursery purposes and, in the case of 23255
contributions received pursuant to section 4503.574 of the Revised 23256
Code, for fire prevention purposes.23257

        All moneys received from the sale of standing timber taken 23258
from state forest lands and state forest nurseries shall be 23259
deposited into the state treasury to the credit of the forestry 23260
holding account redistribution fund, which is hereby created. The 23261
moneys shall remain in the fund until they are redistributed in 23262
accordance with this division.23263

        The redistribution shall occur at least once each year. To 23264
begin the redistribution, the chief first shall determine the 23265
amount of all standing timber sold from state forest lands and 23266
state forest nurseries, together with the amount of the total sale 23267
proceeds, in each county, in each township within the county, and 23268
in each school district within the county. The chief next shall 23269
determine the amount of the direct costs that the division of 23270
forestry incurred in association with the sale of that standing 23271
timber. The amount of the direct costs shall be subtracted from 23272
the amount of the total sale proceeds and shall be transferred 23273
from the forestry holding account redistribution fund to the state 23274
forest fund.23275

        The remaining amount of the total sale proceeds equals the 23276
net value of the standing timber that was sold. The chief shall 23277
determine the net value of standing timber sold from state forest 23278
lands and state forest nurseries in each county, in each township 23279
within the county, and in each school district within the county 23280
and shall send to each county treasurer a copy of the 23281
determination at the time that moneys are paid to the county 23282
treasurer under this division.23283

        Twenty-five per cent of the net value of standing timber sold 23284
from state forest lands and state forest nurseries located in a 23285
county shall be transferred from the forestry holding account 23286
redistribution fund to the state forest fund. Ten per cent of that 23287
net value shall be transferred from the forestry holding account 23288
redistribution fund to the general revenue fund. The remaining 23289
sixty-five per cent of the net value shall be transferred from the 23290
forestry holding account redistribution fund and paid to the 23291
county treasurer for the use of the general fund of that county.23292

       The county auditor shall do all of the following:23293

       (1) Retain for the use of the general fund of the county 23294
one-fourth of the amount received by the county under division (D) 23295
of this section;23296

       (2) Pay into the general fund of any township located within 23297
the county and containing such lands and nurseries one-fourth of 23298
the amount received by the county from standing timber sold from 23299
lands and nurseries located in the township;23300

       (3) Request the board of education of any school district 23301
located within the county and containing such lands and nurseries 23302
to identify which fund or funds of the district should receive the 23303
moneys available to the school district under division (D)(3) of 23304
this section. After receiving notice from the board, the county 23305
auditor shall pay into the fund or funds so identified one-half of 23306
the amount received by the county from standing timber sold from 23307
lands and nurseries located in the school district, distributed 23308
proportionately as identified by the board.23309

       The division of forestry shall not supply logs, lumber, or 23310
other forest products or minerals, taken from the state forest 23311
lands or state forest nurseries, to any other agency or 23312
subdivision of the state unless payment is made therefor in the 23313
amount of the actual prevailing value thereof. This section is 23314
applicable to the moneys so received.23315

       (E) The chief may enter into a personal service contract for 23316
consulting services to assist the chief with the sale of timber or 23317
other forest products and related inventory. Compensation for 23318
consulting services shall be paid from the proceeds of the sale of 23319
timber or other forest products and related inventory that are the 23320
subject of the personal service contract.23321

       Sec. 1505.01.  The division of geological survey:23322

       (A) Shall collect, study, and interpret all available 23323
information pertaining to the geomorphology, stratigraphy, 23324
paleontology, mineralogy, and geologic structure of the state and 23325
shall publish reports on the same;23326

       (B) Shall collect, study, and interpret all available data 23327
pertaining to the origin, distribution, extent, use, and valuation 23328
of mineralogical and geological raw materials and natural 23329
resources such as: clays, coals, building stones, gypsum, salt,23330
limestones and, dolomite, aggregates, sand, gravel, shales for 23331
cement and other uses, petroleum, oil, natural gas, brines, saline 23332
deposits, molding sands, and other natural substances of use and 23333
value, excluding only those pertaining to water usable as such for 23334
agricultural, industrial, commercial, and domestic purposes, but 23335
not excluding other rock fluids such as natural and artificial 23336
brines and oil-well fluids;23337

       (C) Shall make special studies and reports of resources of 23338
geological nature within the state whichthat in its discretion 23339
are of current or potential economic, environmental, or 23340
educational significance or of significance to the health, 23341
welfare, and safety of the public;23342

       (D) May examine the technological processes by which mining, 23343
quarrying, or other extracting processes may be improved, or by 23344
which materials now uneconomical to exploit may be extracted and 23345
used commercially for the public welfare;23346

       (E) Shall make, store, catalog, and have available for 23347
distributionin perpetuity data, maps, diagrams, records, rock 23348
cores, samples, profiles, and geologic sections portraying the 23349
geological characteristics and topography of the state, both of 23350
general nature and of specific localities;23351

       (F) May, or at the request of other agencies of the state 23352
government shall, advise and, consult, or collaborate with 23353
representatives of those agencies of the state, other state 23354
governments, or the United States government on problems or issues23355
of a geological nature;23356

       (G) Shall advise, consult, or collaborate with 23357
representatives of agencies of the state, other state governments, 23358
or the United States government on problems or issues of a 23359
geological nature when requested by such an agency or government;23360

       (H) May create custom maps, custom data sets, or other custom 23361
products for government agencies, colleges and universities, and 23362
persons;23363

       (I) May provide information on the geological nature of the 23364
state to government agencies, colleges and universities, and 23365
persons.23366

       Sec. 1505.011.  (A) Custom maps, custom data sets, and other 23367
custom products created and information provided pursuant to 23368
divisions (H) and (I) of section 1505.01 of the Revised Code for 23369
use by governmental agencies and colleges and universities are 23370
intellectual property records as defined in section 149.43 of the 23371
Revised Code and may be held confidential pursuant to a contract.23372

       (B) Custom maps, custom data sets, and other custom products 23373
created and information provided pursuant to divisions (H) and (I) 23374
of section 1505.01 of the Revised Code for use by persons are 23375
intellectual property records as defined in section 149.43 of the 23376
Revised Code and shall be held confidential pursuant to a 23377
contract.23378

       Sec. 1505.04.  (A) Any person, firm, government agency, or 23379
corporation who, for hire, or by its own forces for economic use 23380
or exploration, drills, bores, or digs within the state a well for 23381
the production or extraction of any gas or liquid, excluding only 23382
water to be used as such, but including natural or artificial 23383
brines and oil-filled waters, or who drills wells, bores, or digs 23384
within the state a well to explore geological formations, shall 23385
keep a careful and accurate log of suchthe activity and report 23386
the same together with the results of any rock or fluid analyses 23387
or of any production test resultsor pressure tests in such form 23388
as is designated by the division of geological survey to the chief 23389
of the division of geological survey.23390

       (B) The division may file such well logs and establish and 23391
observe such regulations regarding their availability and use as 23392
will meet the legitimate requirements of the owner or lessee of 23393
the well. Personnel of the division of may examine any such well 23394
during its construction to confirm the accuracy of the log and to 23395
collect samples of the cores, chips, fluids, gases, or sludge.23396

       (C) No person, firm, agency, or corporation shall fail to 23397
keep an accurate log or file a report as required in division (A) 23398
of this section.23399

       Sec. 1505.05.  (A) Notwithstanding any other provision of the 23400
Revised Code to the contrary, the chief of the division of 23401
geological survey shall adopt rules under Chapter 119. of the 23402
Revised Code that establish a fee schedule for requests for 23403
manipulated, interpreted, or analyzed data from the geologic 23404
records, data, maps, rock cores, and samples archived by the 23405
division. The fee schedule may include the cost of specialized 23406
storage requirements, programming, labor, research, retrieval, 23407
data manipulation, and copying and mailing of records requested 23408
from the archives. In addition, the rules shall establish 23409
procedures for the levying and collection of the fees in the fee 23410
schedule.23411

       (B) For purposes of divisions (H) and (I) of section 1505.01 23412
of the Revised Code, the chief shall adopt rules under Chapter 23413
119. of the Revised Code that establish a fee schedule to be paid 23414
for creating custom maps, custom data sets, and other custom 23415
products and for providing geological information of the state. 23416
The fee schedule may include the costs of labor, research, 23417
analysis, equipment, and technology. In addition, the rules shall 23418
establish procedures for the levying and collection of the fees in 23419
the fee schedule.23420

       (C) The chief may reduce or waive a fee in a fee schedule 23421
established in rules adopted under division (A) or (B) of this 23422
section for a student that is enrolled in an institution of higher 23423
education.23424

       (D) Any revision to a fee schedule established in rules 23425
adopted under division (A) or (B) of this section shall be 23426
established in rules adopted under Chapter 119. of the Revised 23427
Code. A revision to a fee schedule is subject to review by the 23428
Ohio geology advisory council created in section 1505.11 of the 23429
Revised Code and to approval by the director of natural resources.23430

       (E) All fees collected under this section shall be credited 23431
to the geological mapping fund created in section 1505.09 of the 23432
Revised Code.23433

       Sec. 1505.06.  The chief of the division of geological survey 23434
in the discharge of hisofficial duties under sectionsections23435
1505.01 to 1505.08, inclusive, of the Revised Code, may call to 23436
histhe chief's assistance, temporarily, any engineers or other 23437
employees in any state department, or in the Ohio state 23438
university, or other educational institutions financed wholly or 23439
in part by the state, for the purpose of making studies, surveys, 23440
maps, and plans for erosioneconomic development or geologic 23441
hazards projects.23442

       Such engineers and employees shall not receive any additional 23443
compensation over that which they receive from the departments by 23444
which they are employed, but they shall be reimbursed for their 23445
actual necessary expenses incurred while working under the 23446
direction of the chief on erosionthe projects.23447

       Sec. 1505.09.  There is hereby created in the state treasury 23448
the geological mapping fund, to be administered by the chief of 23449
the division of geological survey. The fund shall be used 23450
exclusively for the purposes of performing the necessary field, 23451
laboratory, and administrative tasks to map and make public 23452
reports on the geology, geologic hazards, and energy and mineral 23453
resources of each county of the state. The source of moneys for 23454
the fund shall include, but not be limited to, the mineral 23455
severance tax as specified in section 5749.02 of the Revised Code 23456
and the fees collected under rules adopted under section 1505.05 23457
of the Revised Code. The chief may seek federal or other moneys in 23458
addition to the mineral severance tax and fees to carry out the 23459
purposes of this section. If the chief receives federal moneys for 23460
the purposes of this section, hethe chief shall deposit those 23461
moneys into the state treasury to the credit of a fund which shall 23462
be created at that time by the controlling board to carry out 23463
those purposes. Other moneys received by the chief for the 23464
purposes of this section in addition to the mineral severance tax, 23465
fees, and federal moneys shall be credited to the geological 23466
mapping fund.23467

       Sec. 1505.11.  There is hereby created in the department of 23468
natural resources the Ohio geology advisory council consisting of 23469
seven members to be appointed by the governor with the advice and 23470
consent of the senate. No more than four of the members shall be 23471
of the same political party. Members shall be persons who have a 23472
demonstrated interest in Ohiothe geology and mineral resources of 23473
this state and whose expertise reflects the various 23474
responsibilities of the division of geological survey. The council 23475
shall include at least one representative from each of the 23476
following: the oil and gas industry, the industrial minerals 23477
industry, the coal industry, hydrogeology interests, environmental 23478
geology interests, and an institution of higher education in this 23479
state. The chief of the division of geological survey may 23480
participate in the deliberations of the council, but shall not 23481
vote.23482

       Within ninety days after the effective date of this section23483
May 3, 1990, the governor shall make initial appointments to the 23484
council. Of the initial appointments, three shall be for a term 23485
ending one year after the effective date of this sectionMay 3, 23486
1990, three shall be for a term ending two years after the 23487
effective date of this sectionMay 3, 1990, and one shall be for a 23488
term ending three years after the effective date of this section23489
May 3, 1990. Thereafter, terms of office shall be for three years, 23490
with each term ending on the same day of the same month as did the 23491
term that it succeeds. Members may be reappointed. The governor 23492
may remove any member at any time for inefficiency, neglect of 23493
duty, or malfeasance in office. Vacancies shall be filled in the 23494
manner provided for original appointments. Any member appointed to 23495
fill a vacancy prior to the expiration date of the term for which 23496
histhe member's predecessor was appointed shall hold office as a 23497
member for the remainder of that term. A member shall continue in 23498
office subsequent to the expiration date of histhe member's term 23499
until histhe member's successor takes office or until a period of 23500
sixty days has elapsed, whichever occurs first.23501

       Serving as an appointed member on the council does not 23502
constitute holding a public office or position of employment under 23503
the laws of this state and does not constitute grounds for removal 23504
of public officers or employees from their offices or positions of 23505
employment.23506

       Members shall serve without compensation, but shall be 23507
reimbursed for their actual and necessary expenses incurred in the 23508
performance of their official duties from moneys appropriated to 23509
the division.23510

       The council annually shall select from its members a chairman23511
chairperson and a vice-chairmanvice-chairperson. The council 23512
shall hold at least one meeting each calendar quarter and shall 23513
keep a record of its proceedings, which shall be open to public 23514
inspection. Special meetings may be called by the chairman23515
chairperson and shall be called upon the written request of two or 23516
more members. A majority of the members constitutes a quorum. The 23517
division shall furnish clerical, technical, legal, and other 23518
services required by the council in the performance of its duties.23519

       The council shall do all of the following:23520

       (A) Advise the chief of the division of geological survey in 23521
carrying out the duties of the division under this chapter;23522

       (B) Recommend policy and legislation with respect to geology, 23523
resource analysis, and management that will promote the economic 23524
and industrial development of the state while minimizing threats 23525
to the natural environment of the state;23526

       (C) Review and make recommendations on the development of 23527
plans and programs for long-term, comprehensive geologic mapping 23528
and analysis throughout the state;23529

       (D) Recommend ways to enhance cooperation among governmental 23530
agencies having an interest in Ohiothe geology of the state to 23531
encourage wise use and management of the geology and mineral 23532
resources of the state. To this end, the council shall request 23533
nonvoting representation from appropriate governmental agencies.23534

       (E) Review and make recommendations with respect to changes 23535
in the fee schedules established in rules adopted under section 23536
1505.05 of the Revised Code.23537

       Sec. 1505.99.  (A) Whoever violates section 1505.07 of the 23538
Revised Code shall be fined not less than one thousand nor more 23539
than two thousand dollars on a first offense; on each subsequent 23540
offense, the person shall be fined not less than two thousand nor 23541
more than five thousand dollars.23542

       (B) Whoever violates section 1505.04 or 1505.10 of the 23543
Revised Code shall be fined not less than one hundred nor more 23544
than one thousand dollars on a first offense; on each subsequent 23545
offense, the person shall be fined not less than one thousand nor 23546
more than two thousand dollars. Notwithstanding any section of the 23547
Revised Code relating to the distribution or crediting of fines 23548
for violations of the Revised Code, all fines imposed under this 23549
division shall be paid into the geological mapping fund created in 23550
section 1505.09 of the Revised Code.23551

       Sec. 1509.01.  As used in this chapter:23552

       (A) "Well" means any borehole, whether drilled or bored, 23553
within the state for production, extraction, or injection of any 23554
gas or liquid mineral, excluding potable water to be used as such, 23555
but including natural or artificial brines and oil field waters.23556

       (B) "Oil" means crude petroleum oil and all other 23557
hydrocarbons, regardless of gravity, that are produced in liquid 23558
form by ordinary production methods, but does not include 23559
hydrocarbons that were originally in a gaseous phase in the 23560
reservoir.23561

       (C) "Gas" means all natural gas and all other fluid 23562
hydrocarbons that are not oil, including condensate.23563

       (D) "Condensate" means liquid hydrocarbons that were 23564
originally in the gaseous phase in the reservoir.23565

       (E) "Pool" means an underground reservoir containing a common 23566
accumulation of oil or gas, or both, but does not include a gas 23567
storage reservoir. Each zone of a geological structure that is 23568
completely separated from any other zone in the same structure may 23569
contain a separate pool.23570

       (F) "Field" means the general area underlaid by one or more 23571
pools.23572

       (G) "Drilling unit" means the minimum acreage on which one 23573
well may be drilled, but does not apply to a well for injecting 23574
gas into or removing gas from a gas storage reservoir.23575

       (H) "Waste" includes all of the following:23576

       (1) Physical waste, as that term generally is understood in 23577
the oil and gas industry;23578

       (2) Inefficient, excessive, or improper use, or the 23579
unnecessary dissipation, of reservoir energy;23580

       (3) Inefficient storing of oil or gas;23581

       (4) Locating, drilling, equipping, operating, or producing an 23582
oil or gas well in a manner that reduces or tends to reduce the 23583
quantity of oil or gas ultimately recoverable under prudent and 23584
proper operations from the pool into which it is drilled or that 23585
causes or tends to cause unnecessary or excessive surface loss or 23586
destruction of oil or gas;23587

       (5) Other underground or surface waste in the production or 23588
storage of oil, gas, or condensate, however caused.23589

       (I) "Correlative rights" means the reasonable opportunity to 23590
every person entitled thereto to recover and receive the oil and 23591
gas in and under the person's tract or tracts, or the equivalent 23592
thereof, without having to drill unnecessary wells or incur other 23593
unnecessary expense.23594

       (J) "Tract" means a single, individually taxed parcel of land 23595
appearing on the tax list.23596

       (K) "Owner," unless referring to a mine, means the person who 23597
has the right to drill on a tract or drilling unit, to drill into 23598
and produce from a pool, and to appropriate the oil or gas 23599
produced therefrom either for the person or for others, except 23600
that a person ceases to be an owner with respect to a well when 23601
the well has been plugged in accordance with applicable rules 23602
adopted and orders issued under this chapter. "Owner" does not 23603
include a person who obtains a lease of the mineral rights for oil 23604
and gas on a parcel of land if the person does not attempt to 23605
produce or produce oil or gas from a well or obtain a permit under 23606
this chapter for a well or if the entire interest of a well is 23607
transferred to the person in accordance with division (B) of 23608
section 1509.31 of the Revised Code.23609

       (L) "Royalty interest" means the fee holder's share in the 23610
production from a well.23611

       (M) "Discovery well" means the first well capable of 23612
producing oil or gas in commercial quantities from a pool.23613

       (N) "Prepared clay" means a clay that is plastic and is 23614
thoroughly saturated with fresh water to a weight and consistency 23615
great enough to settle through saltwater in the well in which it 23616
is to be used, except as otherwise approved by the chief of the 23617
division of mineraloil and gas resources management.23618

       (O) "Rock sediment" means the combined cutting and residue 23619
from drilling sedimentary rocks and formation.23620

       (P) "Excavations and workings," "mine," and "pillar" have the 23621
same meanings as in section 1561.01 of the Revised Code.23622

       (Q) "Coal bearing township" means a township designated as 23623
such by the chief of the division of mineral resources management23624
under section 1561.06 of the Revised Code.23625

       (R) "Gas storage reservoir" means a continuous area of a 23626
subterranean porous sand or rock stratum or strata into which gas 23627
is or may be injected for the purpose of storing it therein and 23628
removing it therefrom and includes a gas storage reservoir as 23629
defined in section 1571.01 of the Revised Code.23630

       (S) "Safe Drinking Water Act" means the "Safe Drinking Water 23631
Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as amended by the 23632
"Safe Drinking Water Amendments of 1977," 91 Stat. 1393, 42 23633
U.S.C.A. 300(f), the "Safe Drinking Water Act Amendments of 1986," 23634
100 Stat. 642, 42 U.S.C.A. 300(f), and the "Safe Drinking Water 23635
Act Amendments of 1996," 110 Stat. 1613, 42 U.S.C.A. 300(f), and 23636
regulations adopted under those acts.23637

       (T) "Person" includes any political subdivision, department, 23638
agency, or instrumentality of this state; the United States and 23639
any department, agency, or instrumentality thereof; and any legal 23640
entity defined as a person under section 1.59 of the Revised Code.23641

       (U) "Brine" means all saline geological formation water 23642
resulting from, obtained from, or produced in connection with 23643
exploration, drilling, well stimulation, production of oil or gas, 23644
or plugging of a well.23645

       (V) "Waters of the state" means all streams, lakes, ponds, 23646
marshes, watercourses, waterways, springs, irrigation systems, 23647
drainage systems, and other bodies of water, surface or 23648
underground, natural or artificial, that are situated wholly or 23649
partially within this state or within its jurisdiction, except 23650
those private waters that do not combine or effect a junction with 23651
natural surface or underground waters.23652

       (W) "Exempt Mississippian well" means a well that meets all 23653
of the following criteria:23654

       (1) Was drilled and completed before January 1, 1980;23655

       (2) Is located in an unglaciated part of the state;23656

       (3) Was completed in a reservoir no deeper than the 23657
Mississippian Big Injun sandstone in areas underlain by 23658
Pennsylvanian or Permian stratigraphy, or the Mississippian Berea 23659
sandstone in areas directly underlain by Permian stratigraphy;23660

       (4) Is used primarily to provide oil or gas for domestic use.23661

       (X) "Exempt domestic well" means a well that meets all of the 23662
following criteria:23663

       (1) Is owned by the owner of the surface estate of the tract 23664
on which the well is located;23665

       (2) Is used primarily to provide gas for the owner's domestic 23666
use;23667

       (3) Is located more than two hundred feet horizontal distance 23668
from any inhabited private dwelling house other than an inhabited 23669
private dwelling house located on the tract on which the well is 23670
located;23671

       (4) Is located more than two hundred feet horizontal distance 23672
from any public building that may be used as a place of resort, 23673
assembly, education, entertainment, lodging, trade, manufacture, 23674
repair, storage, traffic, or occupancy by the public.23675

       (Y) "Urbanized area" means an area where a well or production 23676
facilities of a well are located within a municipal corporation or 23677
within a township that has an unincorporated population of more 23678
than five thousand in the most recent federal decennial census 23679
prior to the issuance of the permit for the well or production 23680
facilities.23681

       (Z) "Well stimulation" or "stimulation of a well" means the 23682
process of enhancing well productivity, including hydraulic 23683
fracturing operations.23684

       (AA) "Production operation" means all operations and 23685
activities and all related equipment, facilities, and other 23686
structures that may be used in or associated with the exploration 23687
and production of oil, gas, or other mineral resources that are 23688
regulated under this chapter, including operations and activities 23689
associated with site preparation, site construction, access roads23690
road construction, well drilling, well completion, well 23691
stimulation, well operationsite activities, site reclamation, 23692
and well plugging. "Production operation" also includes all of the 23693
following:23694

       (1) The piping and, equipment, and facilities used for the 23695
production and preparation of hydrocarbon gas or liquids for 23696
transportation or delivery;23697

       (2) The processes of extraction and recovery, lifting, 23698
stabilization, treatment, separation, production processing, 23699
storage, waste disposal, and measurement of hydrocarbon gas and 23700
liquids, including related equipment and facilities;23701

       (3) The processes and related equipment and facilities23702
associated with production compression, gas lift, gas injection, 23703
and fuel gas supply, well drilling, well stimulation, and well 23704
completion activities, including dikes, pits, and earthen and 23705
other impoundments used for the temporary storage of fluids and 23706
waste substances associated with well drilling, well stimulation, 23707
and well completion activities.23708

       (BB) "Annular overpressurization" means the accumulation of 23709
fluids within an annulus with sufficient pressure to allow 23710
migration of annular fluids into underground sources of drinking 23711
water.23712

       (CC) "Idle and orphaned well" means a well for which a bond 23713
has been forfeited or an abandoned well for which no money is 23714
available to plug the well in accordance with this chapter and 23715
rules adopted under it.23716

       (DD) "Temporarily inactive well" means a well that has been 23717
granted temporary inactive status under section 1509.062 of the 23718
Revised Code.23719

       (EE) "Material and substantial violation" means any of the 23720
following:23721

       (1) Failure to obtain a permit to drill, reopen, convert, 23722
plugback, or plug a well under this chapter;23723

       (2) Failure to obtain or maintain insurance coverage that is 23724
required under this chapter;23725

       (3) Failure to obtain or maintain a surety bond that is 23726
required under this chapter;23727

       (4) Failure to plug an abandoned well or idle and orphaned 23728
well unless the well has been granted temporary inactive status 23729
under section 1509.062 of the Revised Code or the chief of the 23730
division of oil and gas resources management has approved another 23731
option concerning the abandoned well or idle and orphaned well;23732

       (5) Failure to restore a disturbed land surface as required 23733
by section 1509.072 of the Revised Code;23734

       (6) Failure to reimburse the oil and gas well fund pursuant 23735
to a final order issued under section 1509.071 of the Revised 23736
Code;23737

       (7) Failure to comply with a final nonappealable order of the 23738
chief issued under section 1509.04 of the Revised Code.23739

       (FF) "Severer" has the same meaning as in section 5749.01 of 23740
the Revised Code.23741

       Sec. 1509.02.  There is hereby created in the department of 23742
natural resources the division of mineraloil and gas resources 23743
management, which shall be administered by the chief of the 23744
division of mineraloil and gas resources management. The 23745
division has sole and exclusive authority to regulate the 23746
permitting, location, and spacing of oil and gas wells and 23747
production operations within the state. The regulation of oil and 23748
gas activities is a matter of general statewide interest that 23749
requires uniform statewide regulation, and this chapter and rules 23750
adopted under it constitute a comprehensive plan with respect to 23751
all aspects of the locating, drilling, well stimulation, 23752
completing, and operating of oil and gas wells within this state, 23753
including site construction and restoration, the permitting of 23754
discharges related to those activities, and the disposal of wastes 23755
from those wells. Nothing in this section affects the authority 23756
granted to the director of transportation and local authorities in 23757
section 723.01 or 4513.34 of the Revised Code, provided that the 23758
authority granted under those sections shall not be exercised in a 23759
manner that discriminates against, unfairly impedes, or obstructs 23760
oil and gas activities and operations regulated under this 23761
chapter.23762

       The chief shall not hold any other public office, nor shall 23763
the chief be engaged in any occupation or business that might 23764
interfere with or be inconsistent with the duties as chief.23765

       All moneys collected by the chief pursuant to sections 23766
1509.06, 1509.061, 1509.062, 1509.071, 1509.13, 1509.22, 1509.221, 23767
1509.222, 1509.34, and 1509.50 of the Revised Code, ninety per 23768
cent of moneys received by the treasurer of state from the tax 23769
levied in divisions (A)(5) and (6) of section 5749.02 of the 23770
Revised Code, all civil penalties paid under section 1509.33 of 23771
the Revised Code, and, notwithstanding any section of the Revised 23772
Code relating to the distribution or crediting of fines for 23773
violations of the Revised Code, all fines imposed under divisions 23774
(A) and (B) of section 1509.99 of the Revised Code and fines 23775
imposed under divisions (C) and (D) of section 1509.99 of the 23776
Revised Code for all violations prosecuted by the attorney general 23777
and for violations prosecuted by prosecuting attorneys that do not 23778
involve the transportation of brine by vehicle shall be deposited 23779
into the state treasury to the credit of the oil and gas well 23780
fund, which is hereby created. Fines imposed under divisions (C) 23781
and (D) of section 1509.99 of the Revised Code for violations 23782
prosecuted by prosecuting attorneys that involve the 23783
transportation of brine by vehicle and penalties associated with a 23784
compliance agreement entered into pursuant to this chapter shall 23785
be paid to the county treasury of the county where the violation 23786
occurred.23787

       The fund shall be used solely and exclusively for the 23788
purposes enumerated in division (B) of section 1509.071 of the 23789
Revised Code, for the expenses of the division associated with the 23790
administration of this chapter and Chapter 1571. of the Revised 23791
Code and rules adopted under them, and for expenses that are 23792
critical and necessary for the protection of human health and 23793
safety and the environment related to oil and gas production in 23794
this state. The expenses of the division in excess of the moneys 23795
available in the fund shall be paid from general revenue fund 23796
appropriations to the department.23797

       Sec. 1509.021. On and after the effective date of this 23798
sectionJune 30, 2010, all of the following apply:23799

       (A) The surface location of a new well or a tank battery of a 23800
well shall not be within one hundred fifty feet of an occupied 23801
dwelling that is located in an urbanized area unless the owner of 23802
the land on which the occupied dwelling is located consents in 23803
writing to the surface location of the well or tank battery of a 23804
well less than one hundred fifty feet from the occupied dwelling 23805
and the chief of the division of mineraloil and gas resources 23806
management approves the written consent of that owner. However, 23807
the chief shall not approve the written consent of such an owner 23808
when the surface location of a new well or a tank battery of a 23809
well will be within one hundred feet of an occupied dwelling that 23810
is located in an urbanized area.23811

       (B) The surface location of a new well shall not be within 23812
one hundred fifty feet from the property line of a parcel of land 23813
that is not in the drilling unit of the well if the parcel of land 23814
is located in an urbanized area and directional drilling will be 23815
used to drill the new well unless the owner of the parcel of land 23816
consents in writing to the surface location of the well less than 23817
one hundred fifty feet from the property line of the parcel of 23818
land and the chief approves the written consent of that owner. 23819
However, the chief shall not approve the written consent of such 23820
an owner when the surface location of a new well will be less than 23821
one hundred feet from the property line of the owner's parcel of 23822
land that is not in the drilling unit of the well if the parcel of 23823
land is located in an urbanized area and directional drilling will 23824
be used.23825

       (C) The surface location of a new well shall not be within 23826
two hundred feet of an occupied dwelling that is located in an 23827
urbanized area and that is located on land that has become part of 23828
the drilling unit of the well pursuant to a mandatory pooling 23829
order issued under section 1509.27 of the Revised Code unless the 23830
owner of the land on which the occupied dwelling is located 23831
consents in writing to the surface location of the well at a 23832
distance that is less than two hundred feet from the occupied 23833
dwelling. However, if the owner of the land on which the occupied 23834
dwelling is located provides such written consent, the surface 23835
location of the well shall not be within one hundred feet of the 23836
occupied dwelling.23837

       If an applicant cannot identify an owner of land or if an 23838
owner of land is not responsive to attempts by the applicant to 23839
contact the owner, the applicant may submit an affidavit to the 23840
chief attesting to such an unidentifiable owner or to such 23841
unresponsiveness of an owner and attempts by the applicant to 23842
contact the owner and include a written request to reduce the 23843
distance of the location of the well from the occupied dwelling to 23844
less than two hundred feet. If the chief receives such an 23845
affidavit and written request, the chief shall reduce the distance 23846
of the location of the well from the occupied dwelling to a 23847
distance of not less than one hundred feet.23848

       (D) Except as otherwise provided in division (L) of this 23849
section, the surface location of a new well shall not be within 23850
one hundred fifty feet of the property line of a parcel of land 23851
that is located in an urbanized area and that has become part of 23852
the drilling unit of the well pursuant to a mandatory pooling 23853
order issued under section 1509.27 of the Revised Code unless the 23854
owner of the land consents in writing to the surface location of 23855
the well at a distance that is less than one hundred fifty feet 23856
from the owner's property line. However, if the owner of the land 23857
provides such written consent, the surface location of the well 23858
shall not be within seventy-five feet of the property line of the 23859
owner's parcel of land.23860

       If an applicant cannot identify an owner of land or if an 23861
owner of land is not responsive to attempts by the applicant to 23862
contact the owner, the applicant may submit an affidavit to the 23863
chief attesting to such an unidentifiable owner or to such 23864
unresponsiveness of an owner and attempts by the applicant to 23865
contact the owner and include a written request to reduce the 23866
distance of the location of the well from the property line of the 23867
owner's parcel of land to less than one hundred fifty feet. If the 23868
chief receives such an affidavit and written request, the chief 23869
shall reduce the distance of the location of the well from the 23870
property line to a distance of not less than seventy-five feet.23871

       (E) The surface location of a new tank battery of a well 23872
shall not be within one hundred fifty feet of an occupied dwelling 23873
that is located in an urbanized area and that is located on land 23874
that has become part of the drilling unit of the well pursuant to 23875
a mandatory pooling order issued under section 1509.27 of the 23876
Revised Code unless the owner of the land on which the occupied 23877
dwelling is located consents in writing to the location of the 23878
tank battery at a distance that is less than one hundred fifty 23879
feet from the occupied dwelling. However, if the owner of the land 23880
on which the occupied dwelling is located provides such written 23881
consent, the location of the tank battery shall not be within one 23882
hundred feet of the occupied dwelling.23883

       If an applicant cannot identify an owner of land or if an 23884
owner of land is not responsive to attempts by the applicant to 23885
contact the owner, the applicant may submit an affidavit to the 23886
chief attesting to such an unidentifiable owner or to such 23887
unresponsiveness of an owner and attempts by the applicant to 23888
contact the owner and include a written request to reduce the 23889
distance of the location of the tank battery from the occupied 23890
dwelling to less than one hundred fifty feet. If the chief 23891
receives such an affidavit and written request, the chief shall 23892
reduce the distance of the location of the tank battery from the 23893
occupied dwelling to a distance of not less than one hundred feet.23894

       (F) Except as otherwise provided in division (L) of this 23895
section, the location of a new tank battery of a well shall not be 23896
within seventy-five feet of the property line of a parcel of land 23897
that is located in an urbanized area and that has become part of 23898
the drilling unit of the well pursuant to a mandatory pooling 23899
order issued under section 1509.27 of the Revised Code unless the 23900
owner of the land consents in writing to the location of the tank 23901
battery at a distance that is less than seventy-five feet from the 23902
owner's property line. However, if the owner of the land provides 23903
such written consent, the location of the tank battery shall not 23904
be within the property line of the owner's parcel of land.23905

       If an applicant cannot identify an owner of land or if an 23906
owner of land is not responsive to attempts by the applicant to 23907
contact the owner, the applicant may submit an affidavit to the 23908
chief attesting to such an unidentifiable owner or to such 23909
unresponsiveness of an owner and attempts by the applicant to 23910
contact the owner and include a written request to reduce the 23911
distance of the location of the tank battery from the property 23912
line of the owner's parcel of land to less than seventy-five feet. 23913
If the chief receives such an affidavit and written request, the 23914
chief shall reduce the distance of the location of the tank 23915
battery from the property line, provided that the tank battery 23916
shall not be within the property line of the owner's parcel of 23917
land.23918

       (G) For purposes of divisions (C) to (F) of this section, 23919
written consent of an owner of land may be provided by any of the 23920
following:23921

       (1) A copy of an original lease agreement as recorded in the 23922
office of the county recorder of the county in which the occupied 23923
dwelling or property is located that expressly provides for the 23924
reduction of the distance of the location of a well or a tank 23925
battery, as applicable, from an occupied dwelling or a property 23926
line;23927

       (2) A copy of a deed severing the oil or gas mineral rights, 23928
as applicable, from the owner's parcel of land as recorded in the 23929
office of the county recorder of the county in which the property 23930
is located that expressly provides for the reduction of the 23931
distance of the location of a well or a tank battery, as 23932
applicable, from an occupied dwelling or a property line;23933

       (3) A written statement that consents to the proposed 23934
location of a well or a tank battery, as applicable, and that is 23935
approved by the chief. For purposes of division (G)(3) of this 23936
section, an applicant shall submit a copy of a written statement 23937
to the chief.23938

       (H) For areas that are not urbanized areas, the surface 23939
location of a new well shall not be within one hundred feet of an 23940
occupied private dwelling or of a public building that may be used 23941
as a place of assembly, education, entertainment, lodging, trade, 23942
manufacture, repair, storage, or occupancy by the public. This 23943
division does not apply to a building or other structure that is 23944
incidental to agricultural use of the land on which the building 23945
or other structure is located unless the building or other 23946
structure is used as an occupied private dwelling or for retail 23947
trade.23948

       (I) The surface location of a new well shall not be within 23949
one hundred feet of any other well. However, an applicant may 23950
submit a written statement to request the chief to authorize a new 23951
well to be located at a distance that is less than one hundred 23952
feet from another well. If the chief receives such a written 23953
statement, the chief may authorize a new well to be located within 23954
one hundred feet of another well if the chief determines that the 23955
applicant satisfactorily has demonstrated that the location of the 23956
new well at a distance that is less than one hundred feet from 23957
another well is necessary to reduce impacts to the owner of the 23958
land on which the well is to be located or to the surface of the 23959
land on which the well is to be located.23960

       (J) For areas that are not urbanized areas, the location of a 23961
new tank battery of a well shall not be within one hundred feet of 23962
an existing inhabited structure.23963

       (K) The location of a new tank battery of a well shall not be 23964
within fifty feet of any other well.23965

       (L) The location of a new well or a new tank battery of a 23966
well shall not be within fifty feet of a stream, river, 23967
watercourse, water well, pond, lake, or other body of water. 23968
However, the chief may authorize a new well or a new tank battery 23969
of a well to be located at a distance that is less than fifty feet 23970
from a stream, river, watercourse, water well, pond, lake, or 23971
other body of water if the chief determines that the reduction in 23972
the distance is necessary to reduce impacts to the owner of the 23973
land on which the well or tank battery of a well is to be located 23974
or to protect public safety or the environment.23975

       (M) The surface location of a new well or a new tank battery 23976
of a well shall not be within fifty feet of a railroad track or of 23977
the traveled portion of a public street, road, or highway. This 23978
division applies regardless of whether the public street, road, or 23979
highway has become part of the drilling unit of the well pursuant 23980
to a mandatory pooling order issued under section 1509.27 of the 23981
Revised Code.23982

       (M)(N) A new oil tank shall not be within three feet of 23983
another oil tank.23984

       (N)(O) The surface location of a mechanical separator shall 23985
not be within any of the following:23986

       (1) Fifty feet of a well;23987

       (2) Ten feet of an oil tank;23988

       (3) One hundred feet of an existing inhabited structure.23989

       (O)(P) A vessel that is equipped in such a manner that the 23990
contents of the vessel may be heated shall not be within any of 23991
the following:23992

       (1) Fifty feet of an oil production tank;23993

       (2) Fifty feet of a well;23994

       (3) One hundred feet of an existing inhabited structure;23995

       (4) If the contents of the vessel are heated by a direct fire 23996
heater, fifty feet of a mechanical separator.23997

       Sec. 1509.022.  Except as provided in section 1509.021 of the 23998
Revised Code, the surface location of a new well that will be 23999
drilled using directional drilling may be located on a parcel of 24000
land that is not in the drilling unit of the well.24001

       Sec. 1509.03. (A) The chief of the division of mineraloil 24002
and gas resources management shall adopt, rescind, and amend, in 24003
accordance with Chapter 119. of the Revised Code, rules for the 24004
administration, implementation, and enforcement of this chapter. 24005
The rules shall include an identification of the subjects that the 24006
chief shall address when attaching terms and conditions to a 24007
permit with respect to a well and production facilities of a well 24008
that are located within an urbanized area. The subjects shall 24009
include all of the following:24010

       (1) Safety concerning the drilling or operation of a well;24011

        (2) Protection of the public and private water supply;24012

       (3) Fencing and screening of surface facilities of a well;24013

       (4) Containment and disposal of drilling and production 24014
wastes;24015

       (5) Construction of access roads for purposes of the drilling 24016
and operation of a well;24017

       (6) Noise mitigation for purposes of the drilling of a well 24018
and the operation of a well, excluding safety and maintenance 24019
operations.24020

       No person shall violate any rule of the chief adopted under 24021
this chapter.24022

       (B) Any order issuing, denying, or modifying a permit or 24023
notices required to be made by the chief pursuant to this chapter 24024
shall be made in compliance with Chapter 119. of the Revised Code, 24025
except that personal service may be used in lieu of service by 24026
mail. Every order issuing, denying, or modifying a permit under 24027
this chapter and described as such shall be considered an 24028
adjudication order for purposes of Chapter 119. of the Revised 24029
Code.24030

       Where notice to the owners is required by this chapter, the 24031
notice shall be given as prescribed by a rule adopted by the chief 24032
to govern the giving of notices. The rule shall provide for notice 24033
by publication except in those cases where other types of notice 24034
are necessary in order to meet the requirements of the law.24035

       (C) The chief or the chief's authorized representative may at 24036
any time enter upon lands, public or private, for the purpose of 24037
administration or enforcement of this chapter, the rules adopted 24038
or orders made thereunder, or terms or conditions of permits or 24039
registration certificates issued thereunder and may examine and 24040
copy records pertaining to the drilling, conversion, or operation 24041
of a well for injection of fluids and logs required by division 24042
(C) of section 1509.223 of the Revised Code. No person shall 24043
prevent or hinder the chief or the chief's authorized 24044
representative in the performance of official duties. If entry is 24045
prevented or hindered, the chief or the chief's authorized 24046
representative may apply for, and the court of common pleas may 24047
issue, an appropriate inspection warrant necessary to achieve the 24048
purposes of this chapter within the court's territorial 24049
jurisdiction.24050

       (D) The chief may issue orders to enforce this chapter, rules 24051
adopted thereunder, and terms or conditions of permits issued 24052
thereunder. Any such order shall be considered an adjudication 24053
order for the purposes of Chapter 119. of the Revised Code. No 24054
person shall violate any order of the chief issued under this 24055
chapter. No person shall violate a term or condition of a permit 24056
or registration certificate issued under this chapter.24057

       (E) Orders of the chief denying, suspending, or revoking a 24058
registration certificate; approving or denying approval of an 24059
application for revision of a registered transporter's plan for 24060
disposal; or to implement, administer, or enforce division (A) of 24061
section 1509.224 and sections 1509.22, 1509.222, 1509.223, 24062
1509.225, and 1509.226 of the Revised Code pertaining to the 24063
transportation of brine by vehicle and the disposal of brine so 24064
transported are not adjudication orders for purposes of Chapter 24065
119. of the Revised Code. The chief shall issue such orders under 24066
division (A) or (B) of section 1509.224 of the Revised Code, as 24067
appropriate.24068

       Sec. 1509.04. (A) The chief of the division of mineraloil 24069
and gas resources management, or the chief's authorized 24070
representatives, shall enforce this chapter and the rules, terms 24071
and conditions of permits and registration certificates, and 24072
orders adopted or issued pursuant thereto, except that any peace 24073
officer, as defined in section 2935.01 of the Revised Code, may 24074
arrest for violations of this chapter involving transportation of 24075
brine by vehicle. The enforcement authority of the chief includes 24076
the authority to issue compliance notices and to enter into 24077
compliance agreements. 24078

       (B)(1) The chief or the chief's authorized representative may 24079
issue an administrative order to an owner for a violation of this 24080
chapter or rules adopted under it, terms and conditions of a 24081
permit issued under it, a registration certificate that is 24082
required under this chapter, or orders issued under this chapter.24083

       (2) The chief may issue an order finding that an owner has 24084
committed a material and substantial violation.24085

       (C) The chief, by order, immediately may suspend drilling, 24086
operating, or plugging activities that are related to a material 24087
and substantial violation and suspend and revoke an unused permit 24088
after finding either of the following:24089

       (1) An owner has failed to comply with an order issued under 24090
division (B)(2) of this section that is final and nonappealable.24091

       (2) An owner is causing, engaging in, or maintaining a 24092
condition or activity that the chief determines presents an 24093
imminent danger to the health or safety of the public or that 24094
results in or is likely to result in immediate substantial damage 24095
to the natural resources of this state.24096

       (D)(1) The chief may issue an order under division (C) of 24097
this section without prior notification if reasonable attempts to 24098
notify the owner have failed or if the owner is currently in 24099
material breach of a prior order, but in such an event 24100
notification shall be given as soon thereafter as practical.24101

       (2) Not later than five days after the issuance of an order 24102
under division (C) of this section, the chief shall provide the 24103
owner an opportunity to be heard and to present evidence that one 24104
of the following applies:24105

       (a) The condition or activity does not present an imminent 24106
danger to the public health or safety or is not likely to result 24107
in immediate substantial damage to natural resources.24108

       (b) Required records, reports, or logs have been submitted.24109

       (3) If the chief, after considering evidence presented by the 24110
owner under division (D)(2)(a) of this section, determines that 24111
the activities do not present such a threat or that the required 24112
records, reports, or logs have been submitted under division 24113
(D)(2)(b) of this section, the chief shall revoke the order. The 24114
owner may appeal an order to the court of common pleas of the 24115
county in which the activity that is the subject of the order is 24116
located.24117

       (E) The chief may issue a bond forfeiture order pursuant to 24118
section 1509.071 of the Revised Code for failure to comply with a 24119
final nonappealable order issued or compliance agreement entered 24120
into under this section.24121

       (F) The chief may notify drilling contractors, transporters, 24122
service companies, or other similar entities of the compliance 24123
status of an owner.24124

       If the owner fails to comply with a prior enforcement action 24125
of the chief, the chief may issue a suspension order without prior 24126
notification, but in such an event the chief shall give notice as 24127
soon thereafter as practical. Not later than five calendar days 24128
after the issuance of an order, the chief shall provide the owner 24129
an opportunity to be heard and to present evidence that required 24130
records, reports, or logs have been submitted. If the chief, after 24131
considering the evidence presented by the owner, determines that 24132
the requirements have been satisfied, the chief shall revoke the 24133
suspension order. The owner may appeal a suspension order to the 24134
court of common pleas of the county in which the activity that is 24135
the subject of the suspension order is located.24136

       (G) The prosecuting attorney of the county or the attorney 24137
general, upon the request of the chief, may apply to the court of 24138
common pleas in the county in which any of the provisions of this 24139
chapter or any rules, terms or conditions of a permit or 24140
registration certificate, or orders adopted or issued pursuant to 24141
this chapter are being violated for a temporary restraining order, 24142
preliminary injunction, or permanent injunction restraining any 24143
person from such violation.24144

       Sec. 1509.041.  The chief of the division of mineraloil and 24145
gas resources management shall maintain a database on the division 24146
of mineraloil and gas resources management's web site that is 24147
accessible to the public. The database shall list each final 24148
nonappealable order issued for a material and substantial 24149
violation under this chapter. The list shall identify the 24150
violator, the date on which the violation occurred, and the date 24151
on which the violation was corrected.24152

       Sec. 1509.05.  No person shall drill a new well, drill an 24153
existing well any deeper, reopen a well, convert a well to any use 24154
other than its original purpose, or plug back a well to a source 24155
of supply different from the existing pool, without having a 24156
permit to do so issued by the chief of the division of mineraloil 24157
and gas resources management, and until the original permit or a 24158
photostatic copy thereof is posted or displayed in a conspicuous 24159
and easily accessible place at the well site, with the name, 24160
current address, and telephone number of the permit holder and the 24161
telephone numbers for fire and emergency medical services 24162
maintained on the posted permit or copy. The permit or a copy 24163
shall be continuously displayed in that manner at all times during 24164
the work authorized by the permit.24165

       Sec. 1509.06. (A) An application for a permit to drill a new 24166
well, drill an existing well deeper, reopen a well, convert a well 24167
to any use other than its original purpose, or plug back a well to 24168
a different source of supply, including associated production 24169
operations, shall be filed with the chief of the division of 24170
mineraloil and gas resources management upon such form as the 24171
chief prescribes and shall contain each of the following that is 24172
applicable:24173

       (1) The name and address of the owner and, if a corporation, 24174
the name and address of the statutory agent;24175

       (2) The signature of the owner or the owner's authorized 24176
agent. When an authorized agent signs an application, it shall be 24177
accompanied by a certified copy of the appointment as such agent.24178

       (3) The names and addresses of all persons holding the 24179
royalty interest in the tract upon which the well is located or is 24180
to be drilled or within a proposed drilling unit;24181

       (4) The location of the tract or drilling unit on which the 24182
well is located or is to be drilled identified by section or lot 24183
number, city, village, township, and county;24184

       (5) Designation of the well by name and number;24185

       (6) The geological formation to be tested or used and the 24186
proposed total depth of the well;24187

       (7) The type of drilling equipment to be used;24188

       (8) If the well is for the injection of a liquid, identity of 24189
the geological formation to be used as the injection zone and the 24190
composition of the liquid to be injected;24191

       (9) For an application for a permit to drill a new well 24192
within an urbanized area, a sworn statement that the applicant has 24193
provided notice by regular mail of the application to the owner of 24194
each parcel of real property that is located within five hundred 24195
feet of the surface location of the well and to the executive 24196
authority of the municipal corporation or the board of township 24197
trustees of the township, as applicable, in which the well is to 24198
be located. In addition, the notice shall contain a statement that 24199
informs an owner of real property who is required to receive the 24200
notice under division (A)(9) of this section that within five days 24201
of receipt of the notice, the owner is required to provide notice 24202
under section 1509.60 of the Revised Code to each residence in an 24203
occupied dwelling that is located on the owner's parcel of real 24204
property. The notice shall contain a statement that an application 24205
has been filed with the division of mineraloil and gas resources 24206
management, identify the name of the applicant and the proposed 24207
well location, include the name and address of the division, and 24208
contain a statement that comments regarding the application may be 24209
sent to the division. The notice may be provided by hand delivery 24210
or regular mail. The identity of the owners of parcels of real 24211
property shall be determined using the tax records of the 24212
municipal corporation or county in which a parcel of real property 24213
is located as of the date of the notice.24214

       (10) A plan for restoration of the land surface disturbed by 24215
drilling operations. The plan shall provide for compliance with 24216
the restoration requirements of division (A) of section 1509.072 24217
of the Revised Code and any rules adopted by the chief pertaining 24218
to that restoration.24219

       (11) A description by name or number of the county, township, 24220
and municipal corporation roads, streets, and highways that the 24221
applicant anticipates will be used for access to and egress from 24222
the well site;24223

       (12) Such other relevant information as the chief prescribes 24224
by rule.24225

       Each application shall be accompanied by a map, on a scale 24226
not smaller than four hundred feet to the inch, prepared by an 24227
Ohio registered surveyor, showing the location of the well and 24228
containing such other data as may be prescribed by the chief. If 24229
the well is or is to be located within the excavations and 24230
workings of a mine, the map also shall include the location of the 24231
mine, the name of the mine, and the name of the person operating 24232
the mine.24233

       (B) The chief shall cause a copy of the weekly circular 24234
prepared by the division to be provided to the county engineer of 24235
each county that contains active or proposed drilling activity. 24236
The weekly circular shall contain, in the manner prescribed by the 24237
chief, the names of all applicants for permits, the location of 24238
each well or proposed well, the information required by division 24239
(A)(11) of this section, and any additional information the chief 24240
prescribes. In addition, the chief promptly shall transfer an 24241
electronic copy or facsimile, or if those methods are not 24242
available to a municipal corporation or township, a copy via 24243
regular mail, of a drilling permit application to the clerk of the 24244
legislative authority of the municipal corporation or to the clerk 24245
of the township in which the well or proposed well is or is to be 24246
located if the legislative authority of the municipal corporation 24247
or the board of township trustees has asked to receive copies of 24248
such applications and the appropriate clerk has provided the chief 24249
an accurate, current electronic mailing address or facsimile 24250
number, as applicable.24251

       (C)(1) Except as provided in division (C)(2) of this section, 24252
the chief shall not issue a permit for at least ten days after the 24253
date of filing of the application for the permit unless, upon 24254
reasonable cause shown, the chief waives that period or a request 24255
for expedited review is filed under this section. However, the 24256
chief shall issue a permit within twenty-one days of the filing of 24257
the application unless the chief denies the application by order.24258

       (2) If the location of a well or proposed well will be or is 24259
within an urbanized area, the chief shall not issue a permit for 24260
at least eighteen days after the date of filing of the application 24261
for the permit unless, upon reasonable cause shown, the chief 24262
waives that period or the chief at the chief's discretion grants a 24263
request for an expedited review. However, the chief shall issue a 24264
permit for a well or proposed well within an urbanized area within 24265
thirty days of the filing of the application unless the chief 24266
denies the application by order.24267

       (D) An applicant may file a request with the chief for 24268
expedited review of a permit application if the well is not or is 24269
not to be located in a gas storage reservoir or reservoir 24270
protective area, as "reservoir protective area" is defined in 24271
section 1571.01 of the Revised Code. If the well is or is to be 24272
located in a coal bearing township, the application shall be 24273
accompanied by the affidavit of the landowner prescribed in 24274
section 1509.08 of the Revised Code.24275

       In addition to a complete application for a permit that meets 24276
the requirements of this section and the permit fee prescribed by 24277
this section, a request for expedited review shall be accompanied 24278
by a separate nonrefundable filing fee of two hundred fifty 24279
dollars. Upon the filing of a request for expedited review, the 24280
chief shall cause the county engineer of the county in which the 24281
well is or is to be located to be notified of the filing of the 24282
permit application and the request for expedited review by 24283
telephone or other means that in the judgment of the chief will 24284
provide timely notice of the application and request. The chief 24285
shall issue a permit within seven days of the filing of the 24286
request unless the chief denies the application by order. 24287
Notwithstanding the provisions of this section governing expedited 24288
review of permit applications, the chief may refuse to accept 24289
requests for expedited review if, in the chief's judgment, the 24290
acceptance of the requests would prevent the issuance, within 24291
twenty-one days of their filing, of permits for which applications 24292
are pending.24293

       (E) A well shall be drilled and operated in accordance with 24294
the plans, sworn statements, and other information submitted in 24295
the approved application.24296

       (F) The chief shall issue an order denying a permit if the 24297
chief finds that there is a substantial risk that the operation 24298
will result in violations of this chapter or rules adopted under 24299
it that will present an imminent danger to public health or safety 24300
or damage to the environment, provided that where the chief finds 24301
that terms or conditions to the permit can reasonably be expected 24302
to prevent such violations, the chief shall issue the permit 24303
subject to those terms or conditions, including, if applicable, 24304
terms and conditions regarding subjects identified in rules 24305
adopted under section 1509.03 of the Revised Code. The issuance of 24306
a permit shall not be considered an order of the chief.24307

       (G) Each application for a permit required by section 1509.05 24308
of the Revised Code, except an application to plug back an 24309
existing well that is required by that section and an application 24310
for a well drilled or reopened for purposes of section 1509.22 of 24311
the Revised Code, also shall be accompanied by a nonrefundable fee 24312
as follows:24313

       (1) Five hundred dollars for a permit to conduct activities 24314
in a township with a population of fewer than ten thousand;24315

       (2) Seven hundred fifty dollars for a permit to conduct 24316
activities in a township with a population of ten thousand or 24317
more, but fewer than fifteen thousand;24318

       (3) One thousand dollars for a permit to conduct activities 24319
in either of the following:24320

       (a) A township with a population of fifteen thousand or more;24321

       (b) A municipal corporation regardless of population.24322

       (4) If the application is for a permit that requires 24323
mandatory pooling, an additional five thousand dollars.24324

       For purposes of calculating fee amounts, populations shall be 24325
determined using the most recent federal decennial census.24326

       Each application for the revision or reissuance of a permit 24327
shall be accompanied by a nonrefundable fee of two hundred fifty 24328
dollars.24329

       (H) Prior to the issuance of a permit to drill a proposed 24330
well that is to be located in an urbanized area, the division 24331
shall conduct a site review to identify and evaluate any 24332
site-specific terms and conditions that may be attached to the 24333
permit. At the site review, a representative of the division shall 24334
consider fencing, screening, and landscaping requirements, if any, 24335
for similar structures in the community in which the well is 24336
proposed to be located. The terms and conditions that are attached 24337
to the permit shall include the establishment of fencing, 24338
screening, and landscaping requirements for the surface facilities 24339
of the proposed well, including a tank battery of the well.24340

       (I) A permit shall be issued by the chief in accordance with 24341
this chapter. A permit issued under this section for a well that 24342
is or is to be located in an urbanized area shall be valid for 24343
twelve months, and all other permits issued under this section 24344
shall be valid for twenty-four months.24345

       (J) A permittee or a permittee's authorized representative 24346
shall notify an inspector from the division of mineral resources 24347
management at least twenty-four hours, or another time period 24348
agreed to by the chief's authorized representative, prior to the 24349
commencement of drilling, reopening, converting, well stimulation, 24350
or plugback operations.24351

       Sec. 1509.061.  An owner of a well who has been issued a 24352
permit under section 1509.06 of the Revised Code may submit to the 24353
chief of the division of mineraloil and gas resources management, 24354
on a form prescribed by the chief, a request to revise an existing 24355
tract upon which exists a producing or idle well. The chief shall 24356
adopt, and may amend and rescind, rules under section 1509.03 of 24357
the Revised Code that are necessary for the administration of this 24358
section. The rules at least shall stipulate the information to be 24359
included on the request form and shall establish a fee to be paid 24360
by the person submitting the request, which fee shall not exceed 24361
two hundred fifty dollars.24362

       The chief shall approve a request submitted under this 24363
section unless it would result in a violation of this chapter or 24364
rules adopted under it, including provisions establishing spacing 24365
or minimum acreage requirements.24366

       Sec. 1509.062. (A)(1) The owner of a well that has not been 24367
completed, a well that has not produced within one year after 24368
completion, or an existing well that has no reported production 24369
for two consecutive reporting periods as reported in accordance 24370
with section 1509.11 of the Revised Code shall plug the well in 24371
accordance with section 1509.12 of the Revised Code, obtain 24372
temporary inactive well status for the well in accordance with 24373
this section, or perform another activity regarding the well that 24374
is approved by the chief of the division of mineraloil and gas24375
resources management.24376

       (2) If a well has a reported annual production that is less 24377
than one hundred thousand cubic feet of natural gas or fifteen 24378
barrels of crude oil, or a combination thereof, the chief may 24379
require the owner of the well to submit an application for 24380
temporary inactive well status under this section for the well.24381

       (B) In order for the owner of a well to submit an application 24382
for temporary inactive well status for the well under this 24383
division, the owner and the well shall be in compliance with this 24384
chapter and rules adopted under it, any terms and conditions of 24385
the permit for the well, and applicable orders issued by the 24386
chief. An application for temporary inactive status for a well 24387
shall be submitted to the chief on a form prescribed and provided 24388
by the chief and shall contain all of the following:24389

       (1) The owner's name and address and, if the owner is a 24390
corporation, the name and address of the corporation's statutory 24391
agent;24392

       (2) The signature of the owner or of the owner's authorized 24393
agent. When an authorized agent signs an application, the 24394
application shall be accompanied by a certified copy of the 24395
appointment as such agent.24396

       (3) The permit number assigned to the well. If the well has 24397
not been assigned a permit number, the chief shall assign a permit 24398
number to the well.24399

       (4) A map, on a scale not smaller than four hundred feet to 24400
the inch, that shows the location of the well and the tank 24401
battery, that includes the latitude and longitude of the well, and 24402
that contains all other data that are required by the chief;24403

       (5) A demonstration that the well is of future utility and 24404
that the applicant has a viable plan to utilize the well within a 24405
reasonable period of time;24406

       (6) A demonstration that the well poses no threat to the 24407
health or safety of persons, property, or the environment;24408

       (7) Any other relevant information that the chief prescribes 24409
by rule.24410

       The chief may waive any of the requirements established in 24411
divisions (B)(1) to (6) of this section if the division of mineral24412
oil and gas resources management possesses a current copy of the 24413
information or document that is required in the applicable 24414
division.24415

       (C) Upon receipt of an application for temporary inactive 24416
well status, the chief shall review the application and shall 24417
either deny the application by issuing an order or approve the 24418
application. The chief shall approve the application only if the 24419
chief determines that the well that is the subject of the 24420
application poses no threat to the health or safety of persons, 24421
property, or the environment. If the chief approves the 24422
application, the chief shall notify the applicant of the chief's 24423
approval. Upon receipt of the chief's approval, the owner shall 24424
shut in the well and empty all liquids and gases from all storage 24425
tanks, pipelines, and other equipment associated with the well. In 24426
addition, the owner shall maintain the well, other equipment 24427
associated with the well, and the surface location of the well in 24428
a manner that prevents hazards to the health and safety of people 24429
and the environment. The owner shall inspect the well at least 24430
every six months and submit to the chief within fourteen days 24431
after the inspection a record of inspection on a form prescribed 24432
and provided by the chief.24433

       (D) Not later than thirty days prior to the expiration of 24434
temporary inactive well status or a renewal of temporary inactive 24435
well status approved by the chief for a well, the owner of the 24436
well may submit to the chief an application for renewal of the 24437
temporary inactive well status on a form prescribed and provided 24438
by the chief. The application shall include a detailed plan that 24439
describes the ultimate disposition of the well, the time frames 24440
for that disposition, and any other information that the chief 24441
determines is necessary. The chief shall either deny an 24442
application by order or approve the application. If the chief 24443
approves the application, the chief shall notify the owner of the 24444
well of the chief's approval.24445

       (E) An application for temporary inactive well status shall 24446
be accompanied by a nonrefundable fee of one hundred dollars. An 24447
application for a renewal of temporary inactive well status shall 24448
be accompanied by a nonrefundable fee of two hundred fifty dollars 24449
for the first renewal and five hundred dollars for each subsequent 24450
renewal.24451

       (F) After a third renewal, the chief may require an owner to 24452
provide a surety bond in an amount not to exceed ten thousand 24453
dollars for each of the owner's wells that has been approved by 24454
the chief for temporary inactive well status.24455

       (G) Temporary inactive well status approved by the chief 24456
expires one year after the date of approval of the application for 24457
temporary inactive well status or production from the well 24458
commences, whichever occurs sooner. In addition, a renewal of a 24459
temporary inactive well status expires one year after the 24460
expiration date of the initial temporary inactive well status or 24461
one year after the expiration date of the previous renewal of the 24462
temporary inactive well status, as applicable, or production from 24463
the well commences, whichever occurs sooner.24464

       (H) The owner of a well that has been approved by the chief 24465
for temporary inactive well status may commence production from 24466
the well at any time. Not later than sixty days after the 24467
commencement of production from such a well, the owner shall 24468
notify the chief of the commencement of production.24469

       (I) This chapter and rules adopted under it, any terms and 24470
conditions of the permit for a well, and applicable orders issued 24471
by the chief apply to a well that has been approved by the chief 24472
for temporary inactive well status or renewal of that status.24473

       Sec. 1509.07.  An owner of any well, except an exempt 24474
Mississippian well or an exempt domestic well, shall obtain 24475
liability insurance coverage from a company authorized to do 24476
business in this state in an amount of not less than one million 24477
dollars bodily injury coverage and property damage coverage to pay 24478
damages for injury to persons or damage to property caused by the 24479
drilling, operation, or plugging of all the owner's wells in this 24480
state. However, if any well is located within an urbanized area, 24481
the owner shall obtain liability insurance coverage in an amount 24482
of not less than three million dollars for bodily injury coverage 24483
and property damage coverage to pay damages for injury to persons 24484
or damage to property caused by the drilling, operation, or 24485
plugging of all of the owner's wells in this state. The owner 24486
shall maintain the coverage until all the owner's wells are 24487
plugged and abandoned or are transferred to an owner who has 24488
obtained insurance as required under this section and who is not 24489
under a notice of material and substantial violation or under a 24490
suspension order. The owner shall provide proof of liability 24491
insurance coverage to the chief of the division of mineraloil and 24492
gas resources management upon request. Upon failure of the owner 24493
to provide that proof when requested, the chief may order the 24494
suspension of any outstanding permits and operations of the owner 24495
until the owner provides proof of the required insurance coverage.24496

       Except as otherwise provided in this section, an owner of any 24497
well, before being issued a permit under section 1509.06 of the 24498
Revised Code or before operating or producing from a well, shall 24499
execute and file with the division of mineraloil and gas24500
resources management a surety bond conditioned on compliance with 24501
the restoration requirements of section 1509.072, the plugging 24502
requirements of section 1509.12, the permit provisions of section 24503
1509.13 of the Revised Code, and all rules and orders of the chief 24504
relating thereto, in an amount set by rule of the chief.24505

       The owner may deposit with the chief, instead of a surety 24506
bond, cash in an amount equal to the surety bond as prescribed 24507
pursuant to this section or negotiable certificates of deposit or 24508
irrevocable letters of credit, issued by any bank organized or 24509
transacting business in this state or by any savings and loan 24510
association as defined in section 1151.01 of the Revised Code, 24511
having a cash value equal to or greater than the amount of the 24512
surety bond as prescribed pursuant to this section. Cash or 24513
certificates of deposit shall be deposited upon the same terms as 24514
those upon which surety bonds may be deposited. If certificates of 24515
deposit are deposited with the chief instead of a surety bond, the 24516
chief shall require the bank or savings and loan association that 24517
issued any such certificate to pledge securities of a cash value 24518
equal to the amount of the certificate that is in excess of the 24519
amount insured by any of the agencies and instrumentalities 24520
created under the "Federal Deposit Insurance Act," 64 Stat. 873 24521
(1950), 12 U.S.C. 1811, as amended, and regulations adopted under 24522
it, including at least the federal deposit insurance corporation, 24523
bank insurance fund, and savings association insurance fund. The 24524
securities shall be security for the repayment of the certificate 24525
of deposit.24526

       Immediately upon a deposit of cash, certificates of deposit, 24527
or letters of credit with the chief, the chief shall deliver them 24528
to the treasurer of state who shall hold them in trust for the 24529
purposes for which they have been deposited.24530

       Instead of a surety bond, the chief may accept proof of 24531
financial responsibility consisting of a sworn financial statement 24532
showing a net financial worth within this state equal to twice the 24533
amount of the bond for which it substitutes and, as may be 24534
required by the chief, a list of producing properties of the owner 24535
within this state or other evidence showing ability and intent to 24536
comply with the law and rules concerning restoration and plugging 24537
that may be required by rule of the chief. The owner of an exempt 24538
Mississippian well is not required to file scheduled updates of 24539
the financial documents, but shall file updates of those documents 24540
if requested to do so by the chief. The owner of a nonexempt 24541
Mississippian well shall file updates of the financial documents 24542
in accordance with a schedule established by rule of the chief. 24543
The chief, upon determining that an owner for whom the chief has 24544
accepted proof of financial responsibility instead of bond cannot 24545
demonstrate financial responsibility, shall order that the owner 24546
execute and file a bond or deposit cash, certificates of deposit, 24547
or irrevocable letters of credit as required by this section for 24548
the wells specified in the order within ten days of receipt of the 24549
order. If the order is not complied with, all wells of the owner 24550
that are specified in the order and for which no bond is filed or 24551
cash, certificates of deposit, or letters of credit are deposited 24552
shall be plugged. No owner shall fail or refuse to plug such a 24553
well. Each day on which such a well remains unplugged thereafter 24554
constitutes a separate offense.24555

       The surety bond provided for in this section shall be 24556
executed by a surety company authorized to do business in this 24557
state.24558

       The chief shall not approve any bond until it is personally 24559
signed and acknowledged by both principal and surety, or as to 24560
either by the principal's or surety's attorney in fact, with a 24561
certified copy of the power of attorney attached thereto. The 24562
chief shall not approve a bond unless there is attached a 24563
certificate of the superintendent of insurance that the company is 24564
authorized to transact a fidelity and surety business in this 24565
state.24566

       All bonds shall be given in a form to be prescribed by the 24567
chief and shall run to the state as obligee.24568

       An owner of an exempt Mississippian well or an exempt 24569
domestic well, in lieu of filing a surety bond, cash in an amount 24570
equal to the surety bond, certificates of deposit, irrevocable 24571
letters of credit, or a sworn financial statement, may file a 24572
one-time fee of fifty dollars, which shall be deposited in the oil 24573
and gas well plugging fund created in section 1509.071 of the 24574
Revised Code.24575

       An owner, operator, producer, or other person shall not 24576
operate a well or produce from a well at any time if the owner, 24577
operator, producer, or other person has not satisfied the 24578
requirements established in this section.24579

       Sec. 1509.071.  (A) When the chief of the division of mineral24580
oil and gas resources management finds that an owner has failed to 24581
comply with a final nonappealable order issued or compliance 24582
agreement entered into under section 1509.04, the restoration 24583
requirements of section 1509.072, plugging requirements of section 24584
1509.12, or permit provisions of section 1509.13 of the Revised 24585
Code, or rules and orders relating thereto, the chief shall make a 24586
finding of that fact and declare any surety bond filed to ensure 24587
compliance with those sections and rules forfeited in the amount 24588
set by rule of the chief. The chief thereupon shall certify the 24589
total forfeiture to the attorney general, who shall proceed to 24590
collect the amount of the forfeiture. In addition, the chief may 24591
require an owner, operator, producer, or other person who 24592
forfeited a surety bond to post a new surety bond in the amount of 24593
fifteen thousand dollars for a single well, thirty thousand 24594
dollars for two wells, or fifty thousand dollars for three or more 24595
wells.24596

       In lieu of total forfeiture, the surety or owner, at the 24597
surety's or owner's option, may cause the well to be properly 24598
plugged and abandoned and the area properly restored or pay to the 24599
treasurer of state the cost of plugging and abandonment.24600

       (B) All moneys collected because of forfeitures of bonds as 24601
provided in this section shall be deposited in the state treasury 24602
to the credit of the oil and gas well fund created in section 24603
1509.02 of the Revised Code. 24604

       The chief annually shall spend not less than fourteen per 24605
cent of the revenue credited to the fund during the previous 24606
fiscal year for the following purposes:24607

       (1) In accordance with division (D) of this section, to plug 24608
idle and orphaned wells or to restore the land surface properly as 24609
required in section 1509.072 of the Revised Code;24610

       (2) In accordance with division (E) of this section, to 24611
correct conditions that the chief reasonably has determined are 24612
causing imminent health or safety risks at an idle and orphaned 24613
well or a well for which the owner cannot be contacted in order to 24614
initiate a corrective action within a reasonable period of time as 24615
determined by the chief.24616

       Expenditures from the fund shall be made only for lawful 24617
purposes. In addition, expenditures from the fund shall not be 24618
made to purchase real property or to remove a dwelling in order to 24619
access a well.24620

       (C)(1) Upon determining that the owner of a well has failed 24621
to properly plug and abandon it or to properly restore the land 24622
surface at the well site in compliance with the applicable 24623
requirements of this chapter and applicable rules adopted and 24624
orders issued under it or that a well is an abandoned well for 24625
which no funds are available to plug the well in accordance with 24626
this chapter, the chief shall do all of the following:24627

       (a) Determine from the records in the office of the county 24628
recorder of the county in which the well is located the identity 24629
of the owner of the land on which the well is located, the 24630
identity of the owner of the oil or gas lease under which the well 24631
was drilled or the identity of each person owning an interest in 24632
the lease, and the identities of the persons having legal title 24633
to, or a lien upon, any of the equipment appurtenant to the well;24634

       (b) Mail notice to the owner of the land on which the well is 24635
located informing the landowner that the well is to be plugged. If 24636
the owner of the oil or gas lease under which the well was drilled 24637
is different from the owner of the well or if any persons other 24638
than the owner of the well own interests in the lease, the chief 24639
also shall mail notice that the well is to be plugged to the owner 24640
of the lease or to each person owning an interest in the lease, as 24641
appropriate.24642

       (c) Mail notice to each person having legal title to, or a 24643
lien upon, any equipment appurtenant to the well, informing the 24644
person that the well is to be plugged and offering the person the 24645
opportunity to plug the well and restore the land surface at the 24646
well site at the person's own expense in order to avoid forfeiture 24647
of the equipment to this state.24648

       (2) If none of the persons described in division (C)(1)(c) of 24649
this section plugs the well within sixty days after the mailing of 24650
the notice required by that division, all equipment appurtenant to 24651
the well is hereby declared to be forfeited to this state without 24652
compensation and without the necessity for any action by the state 24653
for use to defray the cost of plugging and abandoning the well and 24654
restoring the land surface at the well site.24655

       (D) Expenditures from the fund for the purpose of division 24656
(B)(1) of this section shall be made in accordance with either of 24657
the following:24658

       (1) The expenditures may be made pursuant to contracts 24659
entered into by the chief with persons who agree to furnish all of 24660
the materials, equipment, work, and labor as specified and 24661
provided in such a contract for activities associated with the 24662
restoration or plugging of a well as determined by the chief. The 24663
activities may include excavation to uncover a well, geophysical 24664
methods to locate a buried well when clear evidence of leakage 24665
from the well exists, cleanout of wellbores to remove material 24666
from a failed plugging of a well, plugging operations, 24667
installation of vault and vent systems, including associated 24668
engineering certifications and permits, restoration of property, 24669
and repair of damage to property that is caused by such 24670
activities. Expenditures shall not be used for salaries, 24671
maintenance, equipment, or other administrative purposes, except 24672
for costs directly attributed to the plugging of an idle and 24673
orphaned well. Agents or employees of persons contracting with the 24674
chief for a restoration or plugging project may enter upon any 24675
land, public or private, on which the well is located for the 24676
purpose of performing the work. Prior to such entry, the chief 24677
shall give to the following persons written notice of the 24678
existence of a contract for a project to restore or plug a well, 24679
the names of the persons with whom the contract is made, and the 24680
date that the project will commence: the owner of the well, the 24681
owner of the land upon which the well is located, the owner or 24682
agents of adjoining land, and, if the well is located in the same 24683
township as or in a township adjacent to the excavations and 24684
workings of a mine and the owner or lessee of that mine has 24685
provided written notice identifying those townships to the chief 24686
at any time during the immediately preceding three years, the 24687
owner or lessee of the mine.24688

       (2)(a) The owner of the land on which a well is located who 24689
has received notice under division (C)(1)(b) of this section may 24690
plug the well and be reimbursed by the division of oil and gas 24691
resources management for the reasonable cost of plugging the well. 24692
In order to plug the well, the landowner shall submit an 24693
application to the chief on a form prescribed by the chief and 24694
approved by the technical advisory council on oil and gas created 24695
in section 1509.38 of the Revised Code. The application, at a 24696
minimum, shall require the landowner to provide the same 24697
information as is required to be included in the application for a 24698
permit to plug and abandon under section 1509.13 of the Revised 24699
Code. The application shall be accompanied by a copy of a proposed 24700
contract to plug the well prepared by a contractor regularly 24701
engaged in the business of plugging oil and gas wells. The 24702
proposed contract shall require the contractor to furnish all of 24703
the materials, equipment, work, and labor necessary to plug the 24704
well properly and shall specify the price for doing the work, 24705
including a credit for the equipment appurtenant to the well that 24706
was forfeited to the state through the operation of division 24707
(C)(2) of this section. Expenditures under division (D)(2)(a) of 24708
this section shall be consistent with the expenditures for 24709
activities described in division (D)(1) of this section. The 24710
application also shall be accompanied by the permit fee required 24711
by section 1509.13 of the Revised Code unless the chief, in the 24712
chief's discretion, waives payment of the permit fee. The 24713
application constitutes an application for a permit to plug and 24714
abandon the well for the purposes of section 1509.13 of the 24715
Revised Code.24716

       (b) Within thirty days after receiving an application and 24717
accompanying proposed contract under division (D)(2)(a) of this 24718
section, the chief shall determine whether the plugging would 24719
comply with the applicable requirements of this chapter and 24720
applicable rules adopted and orders issued under it and whether 24721
the cost of the plugging under the proposed contract is 24722
reasonable. If the chief determines that the proposed plugging 24723
would comply with those requirements and that the proposed cost of 24724
the plugging is reasonable, the chief shall notify the landowner 24725
of that determination and issue to the landowner a permit to plug 24726
and abandon the well under section 1509.13 of the Revised Code. 24727
Upon approval of the application and proposed contract, the chief 24728
shall transfer ownership of the equipment appurtenant to the well 24729
to the landowner. The chief may disapprove an application 24730
submitted under division (D)(2)(a) of this section if the chief 24731
determines that the proposed plugging would not comply with the 24732
applicable requirements of this chapter and applicable rules 24733
adopted and orders issued under it, that the cost of the plugging 24734
under the proposed contract is unreasonable, or that the proposed 24735
contract is not a bona fide, armsarm's length contract.24736

       (c) After receiving the chief's notice of the approval of the 24737
application and permit to plug and abandon a well under division 24738
(D)(2)(b) of this section, the landowner shall enter into the 24739
proposed contract to plug the well. 24740

       (d) Upon determining that the plugging has been completed in 24741
compliance with the applicable requirements of this chapter and 24742
applicable rules adopted and orders issued under it, the chief 24743
shall reimburse the landowner for the cost of the plugging as set 24744
forth in the proposed contract approved by the chief. The 24745
reimbursement shall be paid from the oil and gas well fund. If the 24746
chief determines that the plugging was not completed in accordance 24747
with the applicable requirements, the chief shall not reimburse 24748
the landowner for the cost of the plugging, and the landowner or 24749
the contractor, as applicable, promptly shall transfer back to 24750
this state title to and possession of the equipment appurtenant to 24751
the well that previously was transferred to the landowner under 24752
division (D)(2)(b) of this section. If any such equipment was 24753
removed from the well during the plugging and sold, the landowner 24754
shall pay to the chief the proceeds from the sale of the 24755
equipment, and the chief promptly shall pay the moneys so received 24756
to the treasurer of state for deposit into the oil and gas well 24757
fund.24758

       The chief may establish an annual limit on the number of 24759
wells that may be plugged under division (D)(2) of this section or 24760
an annual limit on the expenditures to be made under that 24761
division.24762

       As used in division (D)(2) of this section, "plug" and 24763
"plugging" include the plugging of the well and the restoration of 24764
the land surface disturbed by the plugging.24765

       (E) Expenditures from the oil and gas well fund for the 24766
purpose of division (B)(2) of this section may be made pursuant to 24767
contracts entered into by the chief with persons who agree to 24768
furnish all of the materials, equipment, work, and labor as 24769
specified and provided in such a contract. The competitive bidding 24770
requirements of Chapter 153. of the Revised Code do not apply if 24771
the chief reasonably determines that correction of the applicable 24772
health or safety risk requires immediate action. The chief, 24773
designated representatives of the chief, and agents or employees 24774
of persons contracting with the chief under this division may 24775
enter upon any land, public or private, for the purpose of 24776
performing the work.24777

       (F) Contracts entered into by the chief under this section 24778
are not subject to either of the following:24779

       (1) Chapter 4115. of the Revised Code;24780

       (2) Section 153.54 of the Revised Code, except that the 24781
contractor shall obtain and provide to the chief as a bid guaranty 24782
a surety bond or letter of credit in an amount equal to ten per 24783
cent of the amount of the contract.24784

       (G) The owner of land on which a well is located who has 24785
received notice under division (C)(1)(b) of this section, in lieu 24786
of plugging the well in accordance with division (D)(2) of this 24787
section, may cause ownership of the well to be transferred to an 24788
owner who is lawfully doing business in this state and who has met 24789
the financial responsibility requirements established under 24790
section 1509.07 of the Revised Code, subject to the approval of 24791
the chief. The transfer of ownership also shall be subject to the 24792
landowner's filing the appropriate forms required under section 24793
1509.31 of the Revised Code and providing to the chief sufficient 24794
information to demonstrate the landowner's or owner's right to 24795
produce a formation or formations. That information may include a 24796
deed, a lease, or other documentation of ownership or property 24797
rights.24798

       The chief shall approve or disapprove the transfer of 24799
ownership of the well. If the chief approves the transfer, the 24800
owner is responsible for operating the well in accordance with 24801
this chapter and rules adopted under it, including, without 24802
limitation, all of the following:24803

       (1) Filing an application with the chief under section 24804
1509.06 of the Revised Code if the owner intends to drill deeper 24805
or produce a formation that is not listed in the records of the 24806
division for that well;24807

       (2) Taking title to and possession of the equipment 24808
appurtenant to the well that has been identified by the chief as 24809
having been abandoned by the former owner;24810

       (3) Complying with all applicable requirements that are 24811
necessary to drill deeper, plug the well, or plug back the well.24812

       (H) The chief shall issue an order that requires the owner of 24813
a well to pay the actual documented costs of a corrective action 24814
that is described in division (B)(2) of this section concerning 24815
the well. The chief shall transmit the money so recovered to the 24816
treasurer of state who shall deposit the money in the state 24817
treasury to the credit of the oil and gas well fund.24818

       Sec. 1509.072.  No oil or gas well owner or agent of an oil 24819
or gas well owner shall fail to restore the land surface within 24820
the area disturbed in siting, drilling, completing, and producing 24821
the well as required in this section.24822

       (A) Within fourteen days after the date upon which the 24823
drilling of a well is completed to total depth in an urbanized 24824
area and within two months after the date upon which the drilling 24825
of a well is completed in all other areas, the owner or the 24826
owner's agent, in accordance with the restoration plan filed under 24827
division (A)(10) of section 1509.06 of the Revised Code, shall 24828
fill all the pits for containing brine and other waste substances 24829
resulting, obtained, or produced in connection with exploration or 24830
drilling for oil or gas that are not required by other state or 24831
federal law or regulation, and remove all drilling supplies and 24832
drilling equipment. Unless the chief of the division of mineral24833
oil and gas resources management approves a longer time period, 24834
within three months after the date upon which the surface drilling 24835
of a well is commenced in an urbanized area and within six months 24836
after the date upon which the surface drilling of a well is 24837
commenced in all other areas, the owner or the owner's agent shall 24838
grade or terrace and plant, seed, or sod the area disturbed that 24839
is not required in production of the well where necessary to bind 24840
the soil and prevent substantial erosion and sedimentation. If the 24841
chief finds that a pit used for containing brine, other waste 24842
substances, or oil is in violation of section 1509.22 of the 24843
Revised Code or rules adopted or orders issued under it, the chief 24844
may require the pit to be emptied and closed before expiration of 24845
the fourteen-day or three-month restoration period.24846

       (B) Within three months after a well that has produced oil or 24847
gas is plugged in an urbanized area and within six months after a 24848
well that has produced oil or gas is plugged in all other areas, 24849
or after the plugging of a dry hole, unless the chief approves a 24850
longer time period, the owner or the owner's agent shall remove 24851
all production and storage structures, supplies, and equipment, 24852
and any oil, salt water, and debris, and fill any remaining 24853
excavations. Within that period the owner or the owner's agent 24854
shall grade or terrace and plant, seed, or sod the area disturbed 24855
where necessary to bind the soil and prevent substantial erosion 24856
and sedimentation.24857

       The owner shall be released from responsibility to perform 24858
any or all restoration requirements of this section on any part or 24859
all of the area disturbed upon the filing of a request for a 24860
waiver with and obtaining the written approval of the chief, which 24861
request shall be signed by the surface owner to certify the 24862
approval of the surface owner of the release sought. The chief 24863
shall approve the request unless the chief finds upon inspection 24864
that the waiver would be likely to result in substantial damage to 24865
adjoining property, substantial contamination of surface or 24866
underground water, or substantial erosion or sedimentation.24867

       The chief, by order, may shorten the time periods provided 24868
for under division (A) or (B) of this section if failure to 24869
shorten the periods would be likely to result in damage to public 24870
health or the waters or natural resources of the state.24871

       The chief, upon written application by an owner or an owner's 24872
agent showing reasonable cause, may extend the period within which 24873
restoration shall be completed under divisions (A) and (B) of this 24874
section, but not to exceed a further six-month period, except 24875
under extraordinarily adverse weather conditions or when essential 24876
equipment, fuel, or labor is unavailable to the owner or the 24877
owner's agent.24878

       If the chief refuses to approve a request for waiver or 24879
extension, the chief shall do so by order.24880

       Sec. 1509.073.  A person that is issued a permit under this 24881
chapter to drill a new well or drill an existing well deeper in an 24882
urbanized area shall establish fluid drilling conditions prior to 24883
penetration of the Onondaga limestone and continue to use fluid 24884
drilling until total depth of the well is achieved unless the 24885
chief of the division of mineraloil and gas resources management 24886
authorizes such drilling without using fluid.24887

       Sec. 1509.08.  Upon receipt of an application for a permit 24888
required by section 1509.05 of the Revised Code, or upon receipt 24889
of an application for a permit to plug and abandon under section 24890
1509.13 of the Revised Code, the chief of the division of mineral24891
oil and gas resources management shall determine whether the well 24892
is or is to be located in a coal bearing township.24893

       Whether or not the well is or is to be located in a coal 24894
bearing township, the chief, by order, may refuse to issue a 24895
permit required by section 1509.05 of the Revised Code to any 24896
applicant who at the time of applying for the permit is in 24897
material or substantial violation of this chapter or rules adopted 24898
or orders issued under it. The chief shall refuse to issue a 24899
permit to any applicant who at the time of applying for the permit 24900
has been found liable by a final nonappealable order of a court of 24901
competent jurisdiction for damage to streets, roads, highways, 24902
bridges, culverts, or drainways pursuant to section 4513.34 or 24903
5577.12 of the Revised Code until the applicant provides the chief 24904
with evidence of compliance with the order. No applicant shall 24905
attempt to circumvent this provision by applying for a permit 24906
under a different name or business organization name, by 24907
transferring responsibility to another person or entity, by 24908
abandoning the well or lease, or by any other similar act.24909

       If the well is not or is not to be located in a coal bearing 24910
township, or if it is to be located in a coal bearing township, 24911
but the landowner submits an affidavit attesting to ownership of 24912
the property in fee simple, including the coal, and has no 24913
objection to the well, the chief shall issue the permit.24914

       If the application to drill, reopen, or convert concerns a 24915
well that is or is to be located in a coal bearing township, the 24916
chief shall transmit to the chief of the division of mineral 24917
resources management two copies of the application and three 24918
copies of the map required in section 1509.06 of the Revised Code, 24919
except that, when the affidavit with the waiver of objection 24920
described above is submitted, the chief of the division of oil and 24921
gas resources management shall not transmit the copies.24922

       The chief of the division of mineral resources management24923
immediately shall notify the owner or lessee of any affected mine 24924
that the application has been filed and send to the owner or 24925
lessee two copies of the map accompanying the application setting 24926
forth the location of the well.24927

       If the owner or lessee objects to the location of the well or 24928
objects to any location within fifty feet of the original location 24929
as a possible site for relocation of the well, the owner or lessee 24930
shall notify the chief of the division of mineral resources 24931
management of the objection, giving the reasons for the objection 24932
and, if applicable, indicating on a copy of the map the particular 24933
location or locations within fifty feet of the original location 24934
to which the owner or lessee objects as a site for possible 24935
relocation of the well, within six days after the receipt of the 24936
notice. If the chief receives no objections from the owner or 24937
lessee of the mine within ten days after the receipt of the notice 24938
by the owner or lessee, or if in the opinion of the chief the 24939
objections offered by the owner or lessee are not sufficiently 24940
well founded, the chief immediately shall notify the owner or 24941
lessee of those findings. The owner or lessee may appeal the 24942
decision of the chief to the reclamation commission under section 24943
1513.13 of the Revised Code. The appeal shall be filed within 24944
fifteen days, notwithstanding provisions in divisions (A)(1) of 24945
section 1513.13 of the Revised Code, to the contrary, from the 24946
date on which the owner or lessee receives the notice. If the 24947
appeal is not filed within that time, the chief immediately shall 24948
approve the application and, retain a copy of the application and 24949
map, and return a copy of the application to the chief of the 24950
division of oil and gas resources management with the approval 24951
noted on it. The chief of the division of oil and gas resources 24952
management then shall issue the permit if the provisions of this 24953
chapter pertaining to the issuance of such a permit have been 24954
complied with.24955

       If the chief of the division of mineral resources management24956
receives an objection from the owner or lessee of the mine as to 24957
the location of the well within ten days after receipt of the 24958
notice by the owner or lessee, and if in the opinion of the chief 24959
the objection is well founded, the chief shall disapprove the 24960
application and suggestimmediately return it to the chief of the 24961
division of oil and gas resources management together with the 24962
reasons for disapproval and a suggestion for a new location for 24963
the well, provided that the suggested new location shall not be a 24964
location within fifty feet of the original location to which the 24965
owner or lessee has objected as a site for possible relocation of 24966
the well if the chief of the division of mineral resources 24967
management has determined that the objection is well founded. The 24968
chief of the division of oil and gas resources management24969
immediately shall notify the applicant for the permit of the 24970
disapproval and any suggestion made by the chief of the division 24971
of mineral resources management as to a new location for the well. 24972
The applicant may withdraw the application or amend the 24973
application to drill the well at the location suggested by the 24974
chief, or the applicant may appeal the disapproval of the 24975
application by the chief to the reclamation commission.24976

       If the chief of the division of mineral resources management24977
receives no objection from the owner or lessee of a mine as to the 24978
location of the well, but does receive an objection from the owner 24979
or lessee as to one or more locations within fifty feet of the 24980
original location as possible sites for relocation of the well 24981
within ten days after receipt of the notice by the owner or 24982
lessee, and if in the opinion of the chief the objection is well 24983
founded, the chief nevertheless shall approve the application and 24984
shall return it immediately to the chief of the division of oil 24985
and gas resources management together with the reasons for 24986
disapproving any of the locations to which the owner or lessee 24987
objects as possible sites for the relocation of the well. The 24988
chief of the division of oil and gas resources management then 24989
shall issue a permit if the provisions of this chapter pertaining 24990
to the issuance of such a permit have been complied with, 24991
incorporating as a term or condition of the permit that the 24992
applicant is prohibited from commencing drilling at any location 24993
within fifty feet of the original location that has been 24994
disapproved by the chief of the division of mineral resources 24995
management. The applicant may appeal to the reclamation commission 24996
the terms and conditions of the permit prohibiting the 24997
commencement of drilling at any such location disapproved by the 24998
chief of the division of mineral resources management.24999

       Any such appeal shall be filed within fifteen days, 25000
notwithstanding provisions in division (A)(1) of section 1513.13 25001
of the Revised Code to the contrary, from the date the applicant 25002
receives notice of the disapproval of the application, any other 25003
location within fifty feet of the original location, or terms or 25004
conditions of the permit, or the owner or lessee receives notice 25005
of the chief's decision. No approval or disapproval of an 25006
application shall be delayed by the chief of the division of 25007
mineral resources management for more than fifteen days from the 25008
date of sending the notice of the application to the mine owner or 25009
lessee as required by this section.25010

       All appeals provided for in this section shall be treated as 25011
expedited appeals. The reclamation commission shall hear any such 25012
appeal in accordance with section 1513.13 of the Revised Code and 25013
issue a decision within thirty days of the filing of the notice of 25014
appeal.25015

       The chief of the division of oil and gas resources management25016
shall not issue a permit to drill a new well or reopen a well that 25017
is or is to be located within three hundred feet of any opening of 25018
any mine used as a means of ingress, egress, or ventilation for 25019
persons employed in the mine, nor within one hundred feet of any 25020
building or inflammable structure connected with the mine and 25021
actually used as a part of the operating equipment of the mine, 25022
unless the chief of the division of mineral resources management25023
determines that life or property will not be endangered by 25024
drilling and operating the well in that location.25025

       The chief of the division of mineral resources management may 25026
suspend the drilling or reopening of a well in a coal bearing 25027
township after determining that the drilling or reopening 25028
activities present an imminent and substantial threat to public 25029
health or safety or to miners' health or safety and having been 25030
unable to contact the chief of the division of oil and gas 25031
resources management to request an order of suspension under 25032
section 1509.06 of the Revised Code. Before issuing a suspension 25033
order for that purpose, the chief of the division of mineral 25034
resources management shall notify the owner in a manner that in 25035
the chief's judgment would provide reasonable notification that 25036
the chief intends to issue a suspension order. The chief may issue 25037
such an order without prior notification if reasonable attempts to 25038
notify the owner have failed, but in that event notification shall 25039
be given as soon thereafter as practical. Within five calendar 25040
days after the issuance of the order, the chief shall provide the 25041
owner an opportunity to be heard and to present evidence that the 25042
activities do not present an imminent and substantial threat to 25043
public health or safety or to miners' health or safety. If, after 25044
considering the evidence presented by the owner, the chief 25045
determines that the activities do not present such a threat, the 25046
chief shall revoke the suspension order. An owner may appeal a 25047
suspension order issued by the chief of the division of mineral 25048
resources management under this section to the reclamation 25049
commission in accordance with section 1513.13 of the Revised Code 25050
or may appeal the order directly to the court of common pleas of 25051
the county in which the well is located.25052

       Sec. 1509.09.  A well may be drilled under a permit only at 25053
the location designated on the map required in section 1509.06 of 25054
the Revised Code. The location of a well may be changed after the 25055
issuance of a permit only with the approval of the chief of the 25056
division of mineraloil and gas resources management and, if the 25057
well is located in a coal bearing township, with the approval of 25058
the chief of the division of mineral resources management using 25059
the procedures required in section 1509.08 of the Revised Code for 25060
a permit to drill a well unless the permit holder requests the 25061
issuance of an emergency drilling permit under this section due to 25062
a lost hole under such circumstances that completion of the well 25063
is not feasible at the original location. If a permit holder 25064
requests a change of location, the permit holder shall return the 25065
original permit and file an amended map indicating the proposed 25066
new location.25067

       Drilling shall not be commenced at a new location until the 25068
original permit bearing a notation of approval by the chief or 25069
chiefs is posted at the well site. However, a permit holder may 25070
commence drilling at a new location without first receiving the 25071
prior approval required by this section, if all of the following 25072
conditions are met:25073

       (A) Within one working day after spudding the new well, the 25074
permit holder files a request for an emergency drilling permit and 25075
submits to the chief of the division of oil and gas resources 25076
management an application for a permit that meets the requirements 25077
of section 1509.06 of the Revised Code, including the permit fee 25078
required by that section, with an amended map showing the new 25079
location;.25080

       (B) A mineralAn oil and gas resources inspector is present 25081
before spudding operations are commenced at the location;.25082

       (C) The original well is plugged prior to the skidding of the 25083
drilling rig to the new location, and the plugging is witnessed or 25084
verified by a mineralan oil and gas resources inspector or, if 25085
the well is located in a coal bearing township, both a deputy mine 25086
inspector and a mineralan oil and gas resources inspector unless 25087
the chief or the chief's authorized representative temporarily 25088
waives the requirement, but in any event the original well shall 25089
be plugged before the drilling rig is moved from the location;.25090

       (D) The new location is within fifty feet of the original 25091
location unless, upon request of the permit holder, the chief, 25092
with the approval of the chief of the division of mineral 25093
resources management if the well is located in a coal bearing 25094
township, agrees to a new location farther than fifty feet from 25095
the original location;.25096

       (E) The new location meets all the distance and spacing 25097
requirements prescribed by rules adopted under sections 1509.23 25098
and 1509.24 of the Revised Code;.25099

       (F) If the well is located in a coal bearing township, use of 25100
the new well location has not been disapproved by the chief of the 25101
division of mineral resources management and has not been 25102
prohibited as a term or condition of the permit under section 25103
1509.08 of the Revised Code.25104

       If the chief of the division of oil and gas resources 25105
management approves the change of location, the chief shall issue 25106
an emergency permit within two working days after the filing of 25107
the request for the emergency permit. If the chief disapproves the 25108
change of location, the chief shall, by order, deny the request 25109
and may issue an appropriate enforcement order under section 25110
1509.03 of the Revised Code.25111

       Sec. 1509.10.  (A) Any person drilling within the state 25112
shall, within sixty days after the completion of drilling 25113
operations to the proposed total depth or after a determination 25114
that a well is a dry or lost hole, file with the division of 25115
mineraloil and gas resources management all wireline electric 25116
logs and an accurate well completion record on a form that is 25117
approved by the chief of the division of mineraloil and gas25118
resources management that designates:25119

       (1) The purpose for which the well was drilled;25120

       (2) The character, depth, and thickness of geological units 25121
encountered, including coal seams, mineral beds, associated fluids 25122
such as fresh water, brine, and crude oil, natural gas, and sour 25123
gas, if such seams, beds, fluids, or gases are known;25124

       (3) The dates on which drilling operations were commenced and 25125
completed;25126

       (4) The types of drilling tools used and the name of the 25127
person that drilled the well;25128

       (5) The length in feet of the various sizes of casing and 25129
tubing used in drilling the well, the amount removed after 25130
completion, the type and setting depth of each packer, all other 25131
data relating to cementing in the annular space behind such casing 25132
or tubing, and data indicating completion as a dry, gas, oil, 25133
combination oil and gas, brine injection, or artificial brine well 25134
or a stratigraphic test;25135

       (6) The number of perforations in the casing and the 25136
intervals of the perforations;25137

       (7) The elevation above mean sea level of the point from 25138
which the depth measurements were made, stating also the height of 25139
the point above ground level at the well, the total depth of the 25140
well, and the deepest geological unit that was penetrated in the 25141
drilling of the well;25142

       (8) If applicable, the type, volume, and concentration of 25143
acid, and the date on which acid was used in acidizing the well;25144

       (9) If applicable, the type and volume of fluid used to 25145
stimulate the reservoir of the well, the reservoir breakdown 25146
pressure, the method used for the containment of fluids recovered 25147
from the fracturing of the well, the methods used for the 25148
containment of fluids when pulled from the wellbore from swabbing 25149
the well, the average pumping rate of the well, and the name of 25150
the person that performed the well stimulation. In addition, the 25151
owner shall include a copy of the log from the stimulation of the 25152
well, a copy of the invoice for each of the procedures and methods 25153
described in division (A)(9) of this section that were used on a 25154
well, and a copy of the pumping pressure and rate graphs. However, 25155
the owner may redact from the copy of each invoice that is 25156
required to be included under division (A)(9) of this section the 25157
costs of and charges for the procedures and methods described in 25158
division (A)(9) of this section that were used on a well.25159

       (10) The name of the company that performed the logging of 25160
the well and the types of wireline electric logs performed on the 25161
well.25162

       The well completion record shall be submitted in duplicate. 25163
The first copy shall be retained as a permanent record in the 25164
files of the division, and the second copy shall be transmitted by 25165
the chief to the division of geological survey.25166

        (B)(1) Not later than sixty days after the completion of the 25167
drilling operations to the proposed total depth, the owner shall 25168
file all wireline electric logs with the division of mineraloil 25169
and gas resources management and the chief shall transmit such 25170
logs electronically, if available, to the division of geological 25171
survey. Such logs may be retained by the owner for a period of not 25172
more than six months, or such additional time as may be granted by 25173
the chief in writing, after the completion of the well 25174
substantially to the depth shown in the application required by 25175
section 1509.06 of the Revised Code.25176

       (2) If a well is not completed within sixty days after the 25177
completion of drilling operations, the owner shall file with the 25178
division of oil and gas resources management a supplemental well 25179
completion record that includes all of the information required 25180
under this section within sixty days after the completion of the 25181
well.25182

       (C) Upon request in writing by the chief of the division of 25183
geological survey prior to the beginning of drilling of the well, 25184
the person drilling the well shall make available a complete set 25185
of cuttings accurately identified as to depth.25186

       (D) The form of the well completion record required by this 25187
section shall be one that has been approved by the chief of the 25188
division of mineraloil and gas resources management and the chief 25189
of the division of geological survey. The filing of a log as 25190
required by this section fulfills the requirement of filing a log 25191
with the chief of the division of geological survey in section 25192
1505.04 of the Revised Code.25193

       (E) If there is a material listed on the invoice that is 25194
required by division (A)(9) of this section for which the division 25195
of mineraloil and gas resources management does not have a 25196
material safety data sheet, the chief shall obtain a copy of the 25197
material safety data sheet for the material and post a copy of the 25198
material safety data sheet on the division's web site.25199

       Sec. 1509.11.  The owner of any well producing or capable of 25200
producing oil or gas shall file with the chief of the division of 25201
mineraloil and gas resources management, on or before the 25202
thirty-first day of March, a statement of production of oil, gas, 25203
and brine for the last preceding calendar year in such form as the 25204
chief may prescribe. An owner that has more than one hundred wells 25205
in this state shall submit electronically the statement of 25206
production in a format that is approved by the chief. The chief 25207
shall include on the form, at the minimum, a request for the 25208
submittal of the information that a person who is regulated under 25209
this chapter is required to submit under the "Emergency Planning 25210
and Community Right-To-Know Act of 1986," 100 Stat. 1728, 42 25211
U.S.C.A. 11001, and regulations adopted under it, and that the 25212
division does not obtain through other reporting mechanisms.25213

       Sec. 1509.12. (A) No owner of any well shall construct a 25214
well, or permit defective casing in a well to leak fluids or 25215
gases, that causes damage to other permeable strata, underground 25216
sources of drinking water, or the surface of the land or that 25217
threatens the public health and safety or the environment. Upon 25218
the discovery that the casing in a well is defective or that a 25219
well was not adequately constructed, the owner of the well shall 25220
notify the chief of the division of mineraloil and gas resources 25221
management within twenty-four hours of the discovery, and the 25222
owner shall immediately repair the casing, correct the 25223
construction inadequacies, or plug and abandon the well.25224

       (B) When the chief finds that a well should be plugged, the 25225
chief shall notify the owner to that effect by order in writing 25226
and shall specify in the order a reasonable time within which to 25227
comply. No owner shall fail or refuse to plug a well within the 25228
time specified in the order. Each day on which such a well remains 25229
unplugged thereafter constitutes a separate offense.25230

       Where the plugging method prescribed by rules adopted 25231
pursuant to section 1509.15 of the Revised Code cannot be applied 25232
or if applied would be ineffective in carrying out the protection 25233
that the law is meant to give, the chief may designate a different 25234
method of plugging. The abandonment report shall show the manner 25235
in which the well was plugged.25236

       (C) In case of oil or gas wells abandoned prior to September 25237
1, 1978, the board of county commissioners of the county in which 25238
the wells are located may submit to the electors of the county the 25239
question of establishing a special fund, by general levy, by 25240
general bond issue, or out of current funds, which shall be 25241
approved by a majority of the electors voting upon that question 25242
for the purpose of plugging the wells. The fund shall be 25243
administered by the board and the plugging of oil and gas wells 25244
shall be under the supervision of the chief, and the board shall 25245
let contracts for that purpose, provided that the fund shall not 25246
be used for the purpose of plugging oil and gas wells that were 25247
abandoned subsequent to September 1, 1978.25248

       Sec. 1509.13.  (A) No person shall plug and abandon a well 25249
without having a permit to do so issued by the chief of the 25250
division of mineraloil and gas resources management. The permit 25251
shall be issued by the chief in accordance with this chapter and 25252
shall be valid for a period of twenty-four months from the date of 25253
issue. 25254

       (B) Application by the owner for a permit to plug and abandon 25255
shall be filed as many days in advance as will be necessary for a 25256
mineralan oil and gas resources inspector or, if the well is 25257
located in a coal bearing township, both a deputy mine inspector 25258
and a mineralan oil and gas resources inspector to be present at 25259
the plugging. The application shall be filed with the chief upon a 25260
form that the chief prescribes and shall contain the following 25261
information:25262

       (1) The name and address of the owner;25263

       (2) The signature of the owner or the owner's authorized 25264
agent. When an authorized agent signs an application, it shall be 25265
accompanied by a certified copy of the appointment as that agent.25266

       (3) The location of the well identified by section or lot 25267
number, city, village, township, and county;25268

       (4) Designation of well by name and number;25269

       (5) The total depth of the well to be plugged;25270

       (6) The date and amount of last production from the well;25271

       (7) Other data that the chief may require.25272

       (C) If oil or gas has been produced from the well, the 25273
application shall be accompanied by a fee of two hundred fifty 25274
dollars. If a well has been drilled in accordance with law and the 25275
permit is still valid, the permit holder may receive approval to 25276
plug the well from a mineralan oil and gas resources inspector so 25277
that the well can be plugged and abandoned without undue delay. 25278
Unless waived by a mineralan oil and gas resources inspector, 25279
the owner of a well or the owner's authorized representative shall 25280
notify a mineralan oil and gas resources inspector at least 25281
twenty-four hours prior to the commencement of the plugging of a 25282
well. No well shall be plugged and abandoned without a mineralan 25283
oil and gas resources inspector present unless permission has been 25284
granted by the chief. The owner of a well that has produced oil or 25285
gas shall give written notice at the same time to the owner of the 25286
land upon which the well is located and to all lessors that 25287
receive gas from the well pursuant to a lease agreement. If the 25288
well penetrates or passes within one hundred feet of the 25289
excavations and workings of a mine, the owner of the well shall 25290
give written notice to the owner or lessee of that mine, of the 25291
well owner's intention to abandon the well and of the time when 25292
the well owner will be prepared to commence plugging it.25293

       (D) An applicant may file a request with the chief for 25294
expedited review of an application for a permit to plug and 25295
abandon a well. The chief may refuse to accept a request for 25296
expedited review if, in the chief's judgment, acceptance of the 25297
request will prevent the issuance, within twenty-one days of 25298
filing, of permits for which applications filed under section 25299
1509.06 of the Revised Code are pending. In addition to a complete 25300
application for a permit that meets the requirements of this 25301
section and the permit fee prescribed by this section, if 25302
applicable, a request shall be accompanied by a nonrefundable 25303
filing fee of five hundred dollars unless the chief has ordered 25304
the applicant to plug and abandon the well. When a request for 25305
expedited review is filed, the chief shall immediately begin to 25306
process the application and shall issue a permit within seven days 25307
of the filing of the request unless the chief, by order, denies 25308
the application.25309

       (E) This section does not apply to a well plugged or 25310
abandoned in compliance with section 1571.05 of the Revised Code.25311

       Sec. 1509.14.  Any person who abandons a well, when written 25312
permission has been granted by the chief of the division of 25313
mineraloil and gas resources management to abandon and plug the 25314
well without an inspector being present to supervise the plugging, 25315
shall make a written report of the abandonment to the chief. The 25316
report shall be submitted not later than thirty days after the 25317
date of abandonment and shall include all of the following:25318

       (A) The date of abandonment;25319

       (B) The name of the owner or operator of the well at the time 25320
of abandonment and the post-office address of the owner or 25321
operator;25322

       (C) The location of the well as to township and county and 25323
the name of the owner of the surface upon which the well is 25324
drilled, with the address thereof;25325

       (D) The date of the permit to drill;25326

       (E) The date when drilled;25327

       (F) The depth of the well;25328

       (G) The depth of the top of the formation to which the well 25329
was drilled;25330

       (H) The depth of each seam of coal drilled through, if known;25331

       (I) A detailed report as to how the well was plugged, giving 25332
in particular the manner in which the coal and various formations 25333
were plugged, and the date of the plugging of the well, including 25334
the names of those who witnessed the plugging of the well.25335

       The report shall be signed by the owner or operator, or the 25336
agent of the owner or operator, who abandons and plugs the well 25337
and verified by the oath of the party so signing. For the purposes 25338
of this section, the mineraloil and gas resources inspectors may 25339
take acknowledgments and administer oaths to the parties signing 25340
the report.25341

       Sec. 1509.15.  When any well is to be abandoned, it shall 25342
first be plugged in accordance with a method of plugging adopted 25343
by rule by the chief of the division of mineraloil and gas25344
resources management. The abandonment report shall show the manner 25345
in which the well was plugged.25346

       Sec. 1509.17.  (A) A well shall be constructed in a manner 25347
that is approved by the chief of the division of mineraloil and 25348
gas resources management as specified in the permit using 25349
materials that comply with industry standards for the type and 25350
depth of the well and the anticipated fluid pressures that are 25351
associated with the well. In addition, a well shall be constructed 25352
using sufficient steel or conductor casing in a manner that 25353
supports unconsolidated sediments, that protects and isolates all 25354
underground sources of drinking water as defined by the Safe 25355
Drinking Water Act, and that provides a base for a blowout 25356
preventer or other well control equipment that is necessary to 25357
control formation pressures and fluids during the drilling of the 25358
well and other operations to complete the well. Using steel 25359
production casing with sufficient cement, an oil and gas reservoir 25360
shall be isolated during well stimulation and during the 25361
productive life of the well. In addition, sour gas zones and gas 25362
bearing zones that have sufficient pressure and volume to 25363
over-pressurize the surface production casing annulus resulting in 25364
annular overpressurization shall be isolated using approved 25365
cementing, casing, and well construction practices. However, 25366
isolating an oil and gas reservoir shall not exclude open-hole 25367
completion. A well shall not be perforated for purposes of well 25368
stimulation in any zone that is located around casing that 25369
protects underground sources of drinking water without written 25370
authorization from the chief in accordance with division (D) of 25371
this section. When the well penetrates the excavations of a mine, 25372
the casing shall remain intact as provided in section 1509.18 of 25373
the Revised Code and be plugged and abandoned in accordance with 25374
section 1509.15 of the Revised Code.25375

       (B) The chief may adopt rules in accordance with Chapter 119. 25376
of the Revised Code that are consistent with division (A) of this 25377
section and that establish standards for constructing a well, for 25378
evaluating the quality of well construction materials, and for 25379
completing remedial cementing. In addition, the standards 25380
established in the rules shall consider local geology and various 25381
drilling conditions and shall require the use of reasonable 25382
methods that are based on sound engineering principles.25383

       (C) An owner or an owner's authorized representative shall 25384
notify a mineralan oil and gas resources inspector each time that 25385
the owner or the authorized representative notifies a person to 25386
perform the cementing of the conductor casing, the surface casing, 25387
or the production casing. In addition, not later than sixty days 25388
after the completion of the cementing of the production casing, an 25389
owner shall submit to the chief a copy of the cement tickets for 25390
each cemented string of casing and a copy of all logs that were 25391
used to evaluate the quality of the cementing.25392

       (D) The chief shall grant an exemption from this section and 25393
rules adopted under it for a well if the chief determines that a 25394
cement bond log confirms zonal isolation and there is a minimum of 25395
five hundred feet between the uppermost perforation of the casing 25396
and the lowest depth of an underground source of drinking water.25397

       Sec. 1509.181. (A) The chief of the division of mineral 25398
resources management may order the immediate suspension of the 25399
drilling or reopening of a well in a coal bearing township after 25400
determining that the drilling or reopening activities present an 25401
imminent and substantial threat to public health or safety or to a 25402
miner's health or safety. 25403

       (B) Before issuing an order under division (A) of this 25404
section, the chief shall notify the chief of the division of oil 25405
and gas resources management and the owner in any manner that the 25406
chief of the division of mineral resources management determines 25407
would provide reasonable notification of the chief's intent to 25408
issue a suspension order. However, the chief may order the 25409
immediate suspension of the drilling or reopening of a well in a 25410
coal bearing township without prior notification to the owner if 25411
the chief has made reasonable attempts to notify the owner and the 25412
attempts have failed. If the chief orders the immediate suspension 25413
of such drilling or reopening, the chief shall provide the chief 25414
of the division of oil and gas resources management and the owner 25415
notice of the order as soon as practical. 25416

       (C) Not later than five days after the issuance of an order 25417
under division (A) of this section to immediately suspend the 25418
drilling or reopening of a well in a coal bearing township, the 25419
chief of the division of mineral resources management shall 25420
provide the owner an opportunity to be heard and to present 25421
evidence that the drilling or reopening activities will not likely 25422
result in an imminent and substantial threat to public health or 25423
safety or to a miner's health or safety, as applicable. If the 25424
chief, after considering all evidence presented by the owner, 25425
determines that the activities do not present such a threat, the 25426
chief shall revoke the suspension order.25427

       (D) Notwithstanding any other provision of this chapter, an 25428
owner may appeal a suspension order issued under this section to 25429
the reclamation commission in accordance with section 1513.13 of 25430
the Revised Code.25431

       Sec. 1509.19. An owner who elects to stimulate a well shall 25432
stimulate the well in a manner that will not endanger underground 25433
sources of drinking water. Not later than twenty-four hours before 25434
commencing the stimulation of a well, the owner or the owner's 25435
authorized representative shall notify a mineralan oil and gas25436
resources inspector. If during the stimulation of a well damage to 25437
the production casing or cement occurs and results in the 25438
circulation of fluids from the annulus of the surface production 25439
casing, the owner shall immediately terminate the stimulation of 25440
the well and notify the chief of the division of mineraloil and 25441
gas resources management. If the chief determines that the casing 25442
and the cement may be remediated in a manner that isolates the oil 25443
and gas bearing zones of the well, the chief may authorize the 25444
completion of the stimulation of the well. If the chief determines 25445
that the stimulation of a well resulted in irreparable damage to 25446
the well, the chief shall order that the well be plugged and 25447
abandoned within thirty days of the issuance of the order.25448

       For purposes of determining the integrity of the remediation 25449
of the casing or cement of a well that was damaged during the 25450
stimulation of the well, the chief may require the owner of the 25451
well to submit cement evaluation logs, temperature surveys, 25452
pressure tests, or a combination of such logs, surveys, and tests. 25453

       Sec. 1509.21.  No person shall, without first having obtained 25454
a permit from the chief of the division of mineraloil and gas25455
resources management, conduct secondary or additional recovery 25456
operations, including any underground injection of fluids or 25457
carbon dioxide for the secondary or tertiary recovery of oil or 25458
natural gas or for the storage of hydrocarbons that are liquid at 25459
standard temperature or pressure, unless a rule of the chief 25460
expressly authorizes such operations without a permit. The permit 25461
shall be in addition to any permit required by section 1509.05 of 25462
the Revised Code. Secondary or additional recovery operations 25463
shall be conducted in accordance with rules and orders of the 25464
chief and any terms or conditions of the permit authorizing such 25465
operations. In addition, the chief may authorize tests to evaluate 25466
whether fluids or carbon dioxide may be injected in a reservoir 25467
and to determine the maximum allowable injection pressure. The 25468
tests shall be conducted in accordance with methods prescribed in 25469
rules of the chief or conditions of the permit. Rules adopted 25470
under this section shall include provisions regarding applications 25471
for and the issuance of permits; the terms and conditions of 25472
permits; entry to conduct inspections and to examine records to 25473
ascertain compliance with this section and rules, orders, and 25474
terms and conditions of permits adopted or issued thereunder; the 25475
provision and maintenance of information through monitoring, 25476
recordkeeping, and reporting; and other provisions in furtherance 25477
of the goals of this section and the Safe Drinking Water Act. To 25478
implement the goals of the Safe Drinking Water Act, the chief 25479
shall not issue a permit for the underground injection of fluids 25480
for the secondary or tertiary recovery of oil or natural gas or 25481
for the storage of hydrocarbons that are liquid at standard 25482
temperature and pressure, unless the chief concludes that the 25483
applicant has demonstrated that the injection will not result in 25484
the presence of any contaminant in underground water that supplies 25485
or can be reasonably expected to supply any public water system, 25486
such that the presence of any such contaminant may result in the 25487
system's not complying with any national primary drinking water 25488
regulation or may otherwise adversely affect the health of 25489
persons. Rules, orders, and terms or conditions of permits adopted 25490
or issued under this section shall be construed to be no more 25491
stringent than required for compliance with the Safe Drinking 25492
Water Act, unless essential to ensure that underground sources of 25493
drinking water will not be endangered.25494

       Sec. 1509.22.  (A) Except when acting in accordance with 25495
section 1509.226 of the Revised Code, no person shall place or 25496
cause to be placed brine, crude oil, natural gas, or other fluids 25497
associated with the exploration or development of oil and gas 25498
resources in surface or ground water or in or on the land in such 25499
quantities or in such manner as actually causes or could 25500
reasonably be anticipated to cause either of the following:25501

       (1) Water used for consumption by humans or domestic animals 25502
to exceed the standards of the Safe Drinking Water Act;25503

       (2) Damage or injury to public health or safety or the 25504
environment.25505

       (B) No person shall store or dispose of brine in violation of 25506
a plan approved under division (A) of section 1509.222 or section 25507
1509.226 of the Revised Code, in violation of a resolution 25508
submitted under section 1509.226 of the Revised Code, or in 25509
violation of rules or orders applicable to those plans or 25510
resolutions.25511

       (C) The chief of the division of mineraloil and gas25512
resources management shall adopt rules and issue orders regarding 25513
storage and disposal of brine and other waste substances; however, 25514
the storage and disposal of brine and other waste substances and 25515
the chief's rules relating to storage and disposal are subject to 25516
all of the following standards:25517

       (1) Brine from any well except an exempt Mississippian well 25518
shall be disposed of only by injection into an underground 25519
formation, including annular disposal if approved by rule of the 25520
chief, which injection shall be subject to division (D) of this 25521
section; by surface application in accordance with section 25522
1509.226 of the Revised Code; in association with a method of 25523
enhanced recovery as provided in section 1509.21 of the Revised 25524
Code; or by other methods approved by the chief for testing or 25525
implementing a new technology or method of disposal. Brine from 25526
exempt Mississippian wells shall not be discharged directly into 25527
the waters of the state.25528

       (2) Muds, cuttings, and other waste substances shall not be 25529
disposed of in violation of any rule.25530

       (3) Pits or steel tanks shall be used as authorized by the 25531
chief for containing brine and other waste substances resulting 25532
from, obtained from, or produced in connection with drilling, well 25533
stimulation, reworking, reconditioning, plugging back, or plugging 25534
operations. The pits and steel tanks shall be constructed and 25535
maintained to prevent the escape of brine and other waste 25536
substances. 25537

       (4) A dike or pit may be used for spill prevention and 25538
control. A dike or pit so used shall be constructed and maintained 25539
to prevent the escape of brine and crude oil, and the reservoir 25540
within such a dike or pit shall be kept reasonably free of brine, 25541
crude oil, and other waste substances.25542

       (5) Earthen impoundments constructed pursuant to the 25543
division's specifications may be used for the temporary storage of 25544
fluids used in the stimulation of a well.25545

       (6) No pit, earthen impoundment, or dike shall be used for 25546
the temporary storage of brine or other substances except in 25547
accordance with divisions (C)(3) to (5) of this section.25548

       (7) No pit or dike shall be used for the ultimate disposal of 25549
brine or other liquid waste substances.25550

       (D) No person, without first having obtained a permit from 25551
the chief, shall inject brine or other waste substances resulting 25552
from, obtained from, or produced in connection with oil or gas 25553
drilling, exploration, or production into an underground formation 25554
unless a rule of the chief expressly authorizes the injection 25555
without a permit. The permit shall be in addition to any permit 25556
required by section 1509.05 of the Revised Code, and the permit 25557
application shall be accompanied by a permit fee of one thousand 25558
dollars. The chief shall adopt rules in accordance with Chapter 25559
119. of the Revised Code regarding the injection into wells of 25560
brine and other waste substances resulting from, obtained from, or 25561
produced in connection with oil or gas drilling, exploration, or 25562
production. The rules may authorize tests to evaluate whether 25563
fluids or carbon dioxide may be injected in a reservoir and to 25564
determine the maximum allowable injection pressure, which shall be 25565
conducted in accordance with methods prescribed in the rules or in 25566
accordance with conditions of the permit. In addition, the rules 25567
shall include provisions regarding applications for and issuance 25568
of the permits required by this division; entry to conduct 25569
inspections and to examine and copy records to ascertain 25570
compliance with this division and rules, orders, and terms and 25571
conditions of permits adopted or issued under it; the provision 25572
and maintenance of information through monitoring, recordkeeping, 25573
and reporting; and other provisions in furtherance of the goals of 25574
this section and the Safe Drinking Water Act. To implement the 25575
goals of the Safe Drinking Water Act, the chief shall not issue a 25576
permit for the injection of brine or other waste substances 25577
resulting from, obtained from, or produced in connection with oil 25578
or gas drilling, exploration, or production unless the chief 25579
concludes that the applicant has demonstrated that the injection 25580
will not result in the presence of any contaminant in ground water 25581
that supplies or can reasonably be expected to supply any public 25582
water system, such that the presence of the contaminant may result 25583
in the system's not complying with any national primary drinking 25584
water regulation or may otherwise adversely affect the health of 25585
persons. This division and rules, orders, and terms and conditions 25586
of permits adopted or issued under it shall be construed to be no 25587
more stringent than required for compliance with the Safe Drinking 25588
Water Act unless essential to ensure that underground sources of 25589
drinking water will not be endangered.25590

       (E) The owner holding a permit, or an assignee or transferee 25591
who has assumed the obligations and liabilities imposed by this 25592
chapter and any rules adopted or orders issued under it pursuant 25593
to section 1509.31 of the Revised Code, and the operator of a well 25594
shall be liable for a violation of this section or any rules 25595
adopted or orders or terms or conditions of a permit issued under 25596
it.25597

       (F) An owner shall replace the water supply of the holder of 25598
an interest in real property who obtains all or part of the 25599
holder's supply of water for domestic, agricultural, industrial, 25600
or other legitimate use from an underground or surface source 25601
where the supply has been substantially disrupted by 25602
contamination, diminution, or interruption proximately resulting 25603
from the owner's oil or gas operation, or the owner may elect to 25604
compensate the holder of the interest in real property for the 25605
difference between the fair market value of the interest before 25606
the damage occurred to the water supply and the fair market value 25607
after the damage occurred if the cost of replacing the water 25608
supply exceeds this difference in fair market values. However, 25609
during the pendency of any order issued under this division, the 25610
owner shall obtain for the holder or shall reimburse the holder 25611
for the reasonable cost of obtaining a water supply from the time 25612
of the contamination, diminution, or interruption by the operation 25613
until the owner has complied with an order of the chief for 25614
compliance with this division or such an order has been revoked or 25615
otherwise becomes not effective. If the owner elects to pay the 25616
difference in fair market values, but the owner and the holder 25617
have not agreed on the difference within thirty days after the 25618
chief issues an order for compliance with this division, within 25619
ten days after the expiration of that thirty-day period, the owner 25620
and the chief each shall appoint an appraiser to determine the 25621
difference in fair market values, except that the holder of the 25622
interest in real property may elect to appoint and compensate the 25623
holder's own appraiser, in which case the chief shall not appoint 25624
an appraiser. The two appraisers appointed shall appoint a third 25625
appraiser, and within thirty days after the appointment of the 25626
third appraiser, the three appraisers shall hold a hearing to 25627
determine the difference in fair market values. Within ten days 25628
after the hearing, the appraisers shall make their determination 25629
by majority vote and issue their final determination of the 25630
difference in fair market values. The chief shall accept a 25631
determination of the difference in fair market values made by 25632
agreement of the owner and holder or by appraisers under this 25633
division and shall make and dissolve orders accordingly. This 25634
division does not affect in any way the right of any person to 25635
enforce or protect, under applicable law, the person's interest in 25636
water resources affected by an oil or gas operation.25637

       (G) In any action brought by the state for a violation of 25638
division (A) of this section involving any well at which annular 25639
disposal is used, there shall be a rebuttable presumption 25640
available to the state that the annular disposal caused the 25641
violation if the well is located within a one-quarter-mile radius 25642
of the site of the violation.25643

       Sec. 1509.221.  (A) No person, without first having obtained 25644
a permit from the chief of the division of mineraloil and gas25645
resources management, shall drill a well or inject a substance 25646
into a well for the exploration for or extraction of minerals or 25647
energy, other than oil or natural gas, including, but not limited 25648
to, the mining of sulfur by the Frasch process, the solution 25649
mining of minerals, the in situ combustion of fossil fuel, or the 25650
recovery of geothermal energy to produce electric power, unless a 25651
rule of the chief expressly authorizes the activity without a 25652
permit. The permit shall be in addition to any permit required by 25653
section 1509.05 of the Revised Code. The chief shall adopt rules 25654
in accordance with Chapter 119. of the Revised Code governing the 25655
issuance of permits under this section. The rules shall include 25656
provisions regarding the matters the applicant for a permit shall 25657
demonstrate to establish eligibility for a permit; the form and 25658
content of applications for permits; the terms and conditions of 25659
permits; entry to conduct inspections and to examine and copy 25660
records to ascertain compliance with this section and rules, 25661
orders, and terms and conditions of permits adopted or issued 25662
thereunder; provision and maintenance of information through 25663
monitoring, recordkeeping, and reporting; and other provisions in 25664
furtherance of the goals of this section and the Safe Drinking 25665
Water Act. To implement the goals of the Safe Drinking Water Act, 25666
the chief shall not issue a permit under this section, unless the 25667
chief concludes that the applicant has demonstrated that the 25668
drilling, injection of a substance, and extraction of minerals or 25669
energy will not result in the presence of any contaminant in 25670
underground water that supplies or can reasonably be expected to 25671
supply any public water system, such that the presence of the 25672
contaminant may result in the system's not complying with any 25673
national primary drinking water regulation or may otherwise 25674
adversely affect the health of persons. The chief may issue, 25675
without a prior adjudication hearing, orders requiring compliance 25676
with this section and rules, orders, and terms and conditions of 25677
permits adopted or issued thereunder. This section and rules, 25678
orders, and terms and conditions of permits adopted or issued 25679
thereunder shall be construed to be no more stringent than 25680
required for compliance with the Safe Drinking Water Act, unless 25681
essential to ensure that underground sources of drinking water 25682
will not be endangered.25683

       (B)(1) There is levied on the owner of an injection well who 25684
has been issued a permit under division (D) of section 1509.22 of 25685
the Revised Code the following fees:25686

       (a) Five cents per barrel of each substance that is delivered 25687
to a well to be injected in the well when the substance is 25688
produced within the division of mineraloil and gas resources 25689
management regulatory district in which the well is located or 25690
within an adjoining mineraloil and gas resources management 25691
regulatory district;25692

       (b) Twenty cents per barrel of each substance that is 25693
delivered to a well to be injected in the well when the substance 25694
is not produced within the division of mineraloil and gas25695
resources management regulatory district in which the well is 25696
located or within an adjoining mineraloil and gas resources 25697
management regulatory district.25698

       (2) The maximum number of barrels of substance per injection 25699
well in a calendar year on which a fee may be levied under 25700
division (B) of this section is five hundred thousand. If in a 25701
calendar year the owner of an injection well receives more than 25702
five hundred thousand barrels of substance to be injected in the 25703
owner's well and if the owner receives at least one substance that 25704
is produced within the division's regulatory district in which the 25705
well is located or within an adjoining regulatory district and at 25706
least one substance that is not produced within the division's 25707
regulatory district in which the well is located or within an 25708
adjoining regulatory district, the fee shall be calculated first 25709
on all of the barrels of substance that are not produced within 25710
the division's regulatory district in which the well is located or 25711
within an adjoining district at the rate established in division 25712
(B)(2) of this section. The fee then shall be calculated on the 25713
barrels of substance that are produced within the division's 25714
regulatory district in which the well is located or within an 25715
adjoining district at the rate established in division (B)(1) of 25716
this section until the maximum number of barrels established in 25717
division (B)(2) of this section has been attained.25718

       (3) The owner of an injection well who is issued a permit 25719
under division (D) of section 1509.22 of the Revised Code shall 25720
collect the fee levied by division (B) of this section on behalf 25721
of the division of mineraloil and gas resources management and 25722
forward the fee to the division. The chief shall transmit all 25723
money received under division (B) of this section to the treasurer 25724
of state who shall deposit the money in the state treasury to the 25725
credit of the oil and gas well fund created in section 1509.02 of 25726
the Revised Code. The owner of an injection well who collects the 25727
fee levied by this division may retain up to three per cent of the 25728
amount that is collected.25729

       (4) The chief shall adopt rules in accordance with Chapter 25730
119. of the Revised Code establishing requirements and procedures 25731
for collection of the fee levied by division (B) of this section.25732

       (C) In an action under section 1509.04 or 1509.33 of the 25733
Revised Code to enforce this section, the court shall grant 25734
preliminary and permanent injunctive relief and impose a civil 25735
penalty upon the showing that the person against whom the action 25736
is brought has violated, is violating, or will violate this 25737
section or rules, orders, or terms or conditions of permits 25738
adopted or issued thereunder. The court shall not require, prior 25739
to granting such preliminary and permanent injunctive relief or 25740
imposing a civil penalty, proof that the violation was, is, or 25741
will be the result of intentional conduct or negligence. In any 25742
such action, any person may intervene as a plaintiff upon the 25743
demonstration that the person has an interest that is or may be 25744
adversely affected by the activity for which injunctive relief or 25745
a civil penalty is sought.25746

       Sec. 1509.222.  (A)(1) Except as provided in section 1509.226 25747
of the Revised Code, no person shall transport brine by vehicle in 25748
this state unless the business entity that employs the person 25749
first registers with and obtains a registration certificate and 25750
identification number from the chief of the division of mineral25751
oil and gas resources management.25752

       (2) No more than one registration certificate shall be 25753
required of any business entity. Registration certificates issued 25754
under this section are not transferable. An applicant shall file 25755
an application with the chief, containing such information in such 25756
form as the chief prescribes, but including a plan for disposal 25757
that provides for compliance with the requirements of this chapter 25758
and rules of the chief pertaining to the transportation of brine 25759
by vehicle and the disposal of brine so transported and that lists 25760
all disposal sites that the applicant intends to use, the bond 25761
required by section 1509.225 of the Revised Code, and a 25762
certificate issued by an insurance company authorized to do 25763
business in this state certifying that the applicant has in force 25764
a liability insurance policy in an amount not less than three 25765
hundred thousand dollars bodily injury coverage and three hundred 25766
thousand dollars property damage coverage to pay damages for 25767
injury to persons or property caused by the collecting, handling, 25768
transportation, or disposal of brine. The policy shall be 25769
maintained in effect during the term of the registration 25770
certificate. The policy or policies providing the coverage shall 25771
require the insurance company to give notice to the chief if the 25772
policy or policies lapse for any reason. Upon such termination of 25773
the policy, the chief may suspend the registration certificate 25774
until proper insurance coverage is obtained. Each application for 25775
a registration certificate shall be accompanied by a nonrefundable 25776
fee of five hundred dollars.25777

       (3) If a business entity that has been issued a registration 25778
certificate under this section changes its name due to a business 25779
reorganization or merger, the business entity shall revise the 25780
bond or certificates of deposit required by section 1509.225 of 25781
the Revised Code and obtain a new certificate from an insurance 25782
company in accordance with division (A)(2) of this section to 25783
reflect the change in the name of the business entity.25784

       (B) The chief shall issue an order denying an application for 25785
a registration certificate if the chief finds that either of the 25786
following applies:25787

       (1) The applicant, at the time of applying for the 25788
registration certificate, has been found liable by a final 25789
nonappealable order of a court of competent jurisdiction for 25790
damage to streets, roads, highways, bridges, culverts, or 25791
drainways pursuant to section 4513.34 or 5577.12 of the Revised 25792
Code until the applicant provides the chief with evidence of 25793
compliance with the order.25794

       (2) The applicant's plan for disposal does not provide for 25795
compliance with the requirements of this chapter and rules of the 25796
chief pertaining to the transportation of brine by vehicle and the 25797
disposal of brine so transported.25798

       (C) No applicant shall attempt to circumvent division (B) of 25799
this section by applying for a registration certificate under a 25800
different name or business organization name, by transferring 25801
responsibility to another person or entity, or by any similar act.25802

       (D) A registered transporter shall apply to revise a disposal 25803
plan under procedures that the chief shall prescribe by rule. 25804
However, at a minimum, an application for a revision shall list 25805
all sources and disposal sites of brine currently transported. The 25806
chief shall deny any application for a revision of a plan under 25807
this division if the chief finds that the proposed revised plan 25808
does not provide for compliance with the requirements of this 25809
chapter and rules of the chief pertaining to the transportation of 25810
brine by vehicle and the disposal of brine so transported. 25811
Approvals and denials of revisions shall be by order of the chief.25812

       (E) The chief may adopt rules, issue orders, and attach terms 25813
and conditions to registration certificates as may be necessary to 25814
administer, implement, and enforce sections 1509.222 to 1509.226 25815
of the Revised Code for protection of public health or safety or 25816
conservation of natural resources.25817

       Sec. 1509.223.  (A) No permit holder or owner of a well shall 25818
enter into an agreement with or permit any person to transport 25819
brine produced from the well who is not registered pursuant to 25820
section 1509.222 of the Revised Code or exempt from registration 25821
under section 1509.226 of the Revised Code.25822

       (B) Each registered transporter shall file with the chief of 25823
the division of mineraloil and gas resources management, on or 25824
before the fifteenth day of April, a statement concerning brine 25825
transported, including quantities transported and source and 25826
delivery points, during the last preceding calendar year, and such 25827
other information in such form as the chief may prescribe.25828

       (C) Each registered transporter shall keep on each vehicle 25829
used to transport brine a daily log and have it available upon the 25830
request of the chief or an authorized representative of the chief 25831
or a peace officer. The log shall, at a minimum, include all of 25832
the following information:25833

       (1) The name of the owner or owners of the well or wells 25834
producing the brine to be transported;25835

       (2) The date and time the brine is loaded;25836

       (3) The name of the driver;25837

       (4) The amount of brine loaded at each collection point;25838

       (5) The disposal location;25839

       (6) The date and time the brine is disposed of and the amount 25840
of brine disposed of at each location.25841

       No registered transporter shall falsify or fail to keep or 25842
submit the log required by this division.25843

       (D) Each registered transporter shall legibly identify with 25844
reflective paints all vehicles employed in transporting or 25845
disposing of brine. Letters shall be no less than four inches in 25846
height and shall indicate the identification number issued by the 25847
chief, the word "brine," and the name and telephone number of the 25848
transporter.25849

       (E) The chief shall maintain and keep a current list of 25850
persons registered to transport brine under section 1509.222 of 25851
the Revised Code. The list shall be open to public inspection. It 25852
is an affirmative defense to a charge under division (A) of this 25853
section that at the time the permit holder or owner of a well 25854
entered into an agreement with or permitted a person to transport 25855
brine, the person was shown on the list as currently registered to 25856
transport brine.25857

       Sec. 1509.224.  (A) In addition to any other remedies 25858
provided in this chapter, if the chief of the division of mineral25859
oil and gas resources management has reason to believe that a 25860
pattern of the same or similar violations of any requirements of 25861
sectionssection 1509.22, 1509.222, or 1509.223 of the Revised 25862
Code, or any rule adopted thereunder or term or condition of the 25863
registration certificate issued thereunder exists or has existed, 25864
and the violations are caused by the transporter's indifference, 25865
lack of diligence, or lack of reasonable care, or are willfully 25866
caused by the transporter, the chief shall immediately issue an 25867
order to the transporter to show cause why the certificate should 25868
not be suspended or revoked. After the issuance of the order, the 25869
chief shall provide the transporter an opportunity to be heard and 25870
to present evidence at an informal hearing conducted by the chief. 25871
If, at the conclusion of the hearing, the chief finds that such a 25872
pattern of violations exists or has existed, the chief shall issue 25873
an order suspending or revoking the transporter's registration 25874
certificate. An order suspending or revoking a certificate under 25875
this section may be appealed under sections 1509.36 and 1509.37 of 25876
the Revised Code, or notwithstanding any other provision of this 25877
chapter, may be appealed directly to the court of common pleas of 25878
Franklin county.25879

       (B) Before issuing an order denying a registration 25880
certificate; approving or denying approval of an application for 25881
revision of a registered transporter's plan for disposal; or to 25882
implement, administer, or enforce section 1509.22, 1509.222, 25883
1509.223, 1509.225, or 1509.226 of the Revised Code and rules and 25884
terms and conditions of registration certificates adopted or 25885
issued thereunder pertaining to the transportation of brine by 25886
vehicle and the disposal of brine so transported, the chief shall 25887
issue a preliminary order indicating the chief's intent to issue a 25888
final order. The preliminary order shall clearly state the nature 25889
of the chief's proposed action and the findings on which it is 25890
based and shall state that the preliminary order becomes a final 25891
order thirty days after its issuance unless the person to whom the 25892
preliminary order is directed submits to the chief a written 25893
request for an informal hearing before the chief within that 25894
thirty-day period. At the hearing the person may present evidence 25895
as to why the preliminary order should be revoked or modified. 25896
Based upon the findings from the informal hearing, the chief shall 25897
revoke, issue, or modify and issue the preliminary order as a 25898
final order. A final order may be appealed under sections 1509.36 25899
and 1509.37 of the Revised Code.25900

       Sec. 1509.225.  (A) Before being issued a registration 25901
certificate under section 1509.222 of the Revised Code, an 25902
applicant shall execute and file with the division of mineraloil 25903
and gas resources management a surety bond for fifteen thousand 25904
dollars to provide compensation for damage and injury resulting 25905
from transporters' violations of sections 1509.22, 1509.222, and 25906
1509.223 of the Revised Code, all rules and orders of the chief of 25907
the division of mineral resourceoil and gas resources management 25908
relating thereto, and all terms and conditions of the registration 25909
certificate imposed thereunder. The applicant may deposit with the 25910
chief, in lieu of a surety bond, cash in an amount equal to the 25911
surety bond as prescribed in this section, or negotiable 25912
certificates of deposit issued by any bank organized or 25913
transacting business in this state, or certificates of deposit 25914
issued by any building and loan association as defined in section 25915
1151.01 of the Revised Code, having a cash value equal to or 25916
greater than the amount of the surety bond as prescribed in this 25917
section. Cash or certificates of deposit shall be deposited upon 25918
the same terms as those upon which surety bonds may be deposited. 25919
If certificates of deposit are deposited with the chief in lieu of 25920
a surety bond, the chief shall require the bank or building and 25921
loan association that issued any such certificate to pledge 25922
securities of a cash value equal to the amount of the certificate 25923
that is in excess of the amount insured by any of the agencies and 25924
instrumentalities created under the "Federal Deposit Insurance 25925
Act," 64 Stat. 873 (1950), 12 U.S.C. 1811, as amended, and 25926
regulations adopted under it, including at least the federal 25927
deposit insurance corporation, bank insurance fund, and savings 25928
association insurance fund.25929

       Such securities shall be security for the repayment of the 25930
certificate of deposit. Immediately upon a deposit of cash or 25931
certificates with the chief, the chief shall deliver it to the 25932
treasurer of state who shall hold it in trust for the purposes for 25933
which it has been deposited.25934

       (B) The surety bond provided for in this section shall be 25935
executed by a surety company authorized to do business in this 25936
state. The chief shall not approve any bond until it is personally 25937
signed and acknowledged by both principal and surety, or as to 25938
either by an attorney in fact, with a certified copy of the power 25939
of attorney attached thereto. The chief shall not approve the bond 25940
unless there is attached a certificate of the superintendent of 25941
insurance that the company is authorized to transact a fidelity 25942
and surety business in this state. All bonds shall be given in a 25943
form to be prescribed by the chief.25944

       (C) If a registered transporter is found liable for a 25945
violation of section 1509.22, 1509.222, or 1509.223 of the Revised 25946
Code or a rule, order, or term or condition of a certificate 25947
involving, in any case, damage or injury to persons or property, 25948
or both, the court may order the forfeiture of any portion of the 25949
bond, cash, or other securities required by this section in full 25950
or partial payment of damages to the person to whom the damages 25951
are due. The treasurer of state and the chief shall deliver the 25952
bond or any cash or other securities deposited in lieu of bond, as 25953
specified in the court's order, to the person to whom the damages 25954
are due; however, execution against the bond, cash, or other 25955
securities, if necessary, is the responsibility of the person to 25956
whom the damages are due. The chief shall not release the bond, 25957
cash, or securities required by this section except by court order 25958
or until the registration is terminated.25959

       Sec. 1509.226.  (A) If a board of county commissioners, a 25960
board of township trustees, or the legislative authority of a 25961
municipal corporation wishes to permit the surface application of 25962
brine to roads, streets, highways, and other similar land surfaces 25963
it owns or has the right to control for control of dust or ice, it 25964
may adopt a resolution permitting such application as provided in 25965
this section. If a board or legislative authority does not adopt 25966
such a resolution, then no such surface application of brine is 25967
permitted on such roads, streets, highways, and other similar 25968
surfaces. If a board or legislative authority votes on a proposed 25969
resolution to permit such surface application of brine, but the 25970
resolution fails to receive the affirmative vote of a majority of 25971
the board or legislative authority, the board or legislative 25972
authority shall not adopt such a resolution for one year following 25973
the date on which the vote was taken. A board or legislative 25974
authority shall hold at least one public hearing on any proposal 25975
to permit surface application of brine under this division and may 25976
hold additional hearings. The board or legislative authority shall 25977
publish notice of the time and place of each such public hearing 25978
in a newspaper of general circulation in the political subdivision 25979
at least five days before the day on which the hearing is to be 25980
held.25981

       (B) If a board or legislative authority adopts a resolution 25982
permitting the surface application of brine to roads, streets, 25983
highways, and other similar land surfaces under division (A) of 25984
this section, the board or legislative authority shall, within 25985
thirty days after the adoption of the resolution, prepare and 25986
submit to the chief of the division of mineraloil and gas25987
resources management a copy of the resolution. Any department, 25988
agency, or instrumentality of this state or the United States that 25989
wishes to permit the surface application of brine to roads, 25990
streets, highways, and other similar land surfaces it owns or has 25991
a right to control shall prepare and submit guidelines for such 25992
application, but need not adopt a resolution under division (A) of 25993
this section permitting such surface application.25994

       All resolutions and guidelines shall be subject to the 25995
following standards:25996

       (1) Brine shall not be applied:25997

       (a) To a water-saturated surface;25998

       (b) Directly to vegetation near or adjacent to surfaces being 25999
treated;26000

       (c) Within twelve feet of structures crossing bodies of water 26001
or crossing drainage ditches;26002

       (d) Between sundown and sunrise, except for ice control.26003

       (2) The discharge of brine through the spreader bar shall 26004
stop when the application stops.26005

       (3) The applicator vehicle shall be moving at least five 26006
miles per hour at all times while the brine is being applied.26007

       (4) The maximum spreader bar nozzle opening shall be 26008
three-quarters of an inch in diameter.26009

       (5) The maximum uniform application rate of brine shall be 26010
three thousand gallons per mile on a twelve-foot-wide road or 26011
three gallons per sixty square feet on unpaved lots.26012

       (6) The applicator vehicle discharge valve shall be closed 26013
between the brine collection point and the specific surfaces that 26014
have been approved for brine application.26015

       (7) Any valves that provide for tank draining other than 26016
through the spreader bar shall be closed during the brine 26017
application and transport.26018

       (8) The angle of discharge from the applicator vehicle 26019
spreader bar shall not be greater than sixty degrees from the 26020
perpendicular to the unpaved surface.26021

       (9) Only the last twenty-five per cent of an applicator 26022
vehicle's contents shall be allowed to have a pressure greater 26023
than atmospheric pressure; therefore, the first seventy-five per 26024
cent of the applicator vehicle's contents shall be discharged 26025
under atmospheric pressure.26026

       (10) Only brine that is produced from a well shall be allowed 26027
to be spread on a road. Fluids from the drilling of a well, 26028
flowback from the stimulation of a well, and other fluids used to 26029
treat a well shall not be spread on a road.26030

       If a resolution or guidelines contain only the standards 26031
listed in divisiondivisions (B)(1) to (10) of this section, 26032
without addition or qualification, the resolution or guidelines 26033
shall be deemed effective when submitted to the chief without 26034
further action by the chief. All other resolutions and guidelines 26035
shall comply with and be no less stringent than this chapter, 26036
rules concerning surface application that the chief shall adopt 26037
under division (C) of section 1509.22 of the Revised Code, and 26038
other rules of the chief. Within fifteen days after receiving such 26039
other resolutions and guidelines, the chief shall review them for 26040
compliance with the law and rules and disapprove them if they do 26041
not comply.26042

       The board, legislative authority, or department, agency, or 26043
instrumentality may revise and resubmit any resolutions or 26044
guidelines that the chief disapproves after each disapproval, and 26045
the chief shall again review and approve or disapprove them within 26046
fifteen days after receiving them. The board, legislative 26047
authority, or department, agency, or instrumentality may amend any 26048
resolutions or guidelines previously approved by the chief and 26049
submit them, as amended, to the chief. The chief shall receive, 26050
review, and approve or disapprove the amended resolutions or 26051
guidelines on the same basis and in the same time as original 26052
resolutions or guidelines. The board, legislative authority, or 26053
department, agency, or instrumentality shall not implement amended 26054
resolutions or guidelines until they are approved by the chief 26055
under this division.26056

       (C) Any person, other than a political subdivision required 26057
to adopt a resolution under division (A) of this section or a 26058
department, agency, or instrumentality of this state or the United 26059
States, who owns or has a legal right or obligation to maintain a 26060
road, street, highway, or other similar land surface may file with 26061
the board of county commissioners a written plan for the 26062
application of brine to the road, street, highway, or other 26063
surface. The board need not approve any such plans, but if it 26064
approves a plan, the plan shall comply with this chapter, rules 26065
adopted thereunder, and the board's resolutions, if any. 26066
Disapproved plans may be revised and resubmitted for the board's 26067
approval. Approved plans may also be revised and submitted to the 26068
board. A plan or revised plan shall do all of the following:26069

       (1) Identify the sources of brine to be used under the plan;26070

       (2) Identify by name, address, and registration certificate, 26071
if applicable, any transporters of the brine;26072

       (3) Specifically identify the places to which the brine will 26073
be applied;26074

       (4) Specifically describe the method, rate, and frequency of 26075
application.26076

       (D) The board may attach terms and conditions to approval of 26077
a plan, or revised plan, and may revoke approval for any violation 26078
of this chapter, rules adopted thereunder, resolutions adopted by 26079
the board, or terms or conditions attached by the board. The board 26080
shall conduct at least one public hearing before approving a plan 26081
or revised plan, publishing notice of the time and place of each 26082
such public hearing in a newspaper of general circulation in the 26083
county at least five days before the day on which the hearing is 26084
to be held. The board shall record the filings of all plans and 26085
revised plans in its journal. The board shall approve, disapprove, 26086
or revoke approval of a plan or revised plan by the adoption of a 26087
resolution. Upon approval of a plan or revised plan, the board 26088
shall send a copy of the plan to the chief. Upon revoking approval 26089
of a plan or revised plan, the board shall notify the chief of the 26090
revocation.26091

       (E) No person shall:26092

       (1) Apply brine to a water-saturated surface;26093

       (2) Apply brine directly to vegetation adjacent to the 26094
surface of roads, streets, highways, and other surfaces to which 26095
brine may be applied.26096

       (F) Each political subdivision that adopts a resolution under 26097
divisions (A) and (B) of this section, each department, agency, or 26098
instrumentality of this state or the United States that submits 26099
guidelines under division (B) of this section, and each person who 26100
files a plan under divisions (C) and (D) of this section shall, on 26101
or before the fifteenth day of April of each year, file a report 26102
with the chief concerning brine applied within the person's or 26103
governmental entity's jurisdiction, including the quantities 26104
transported and the sources and application points during the last 26105
preceding calendar year and such other information in such form as 26106
the chief requires.26107

       (G) Any political subdivision or department, agency, or 26108
instrumentality of this state or the United States that applies 26109
brine under this section may do so with its own personnel, 26110
vehicles, and equipment without registration under or compliance 26111
with section 1509.222 or 1509.223 of the Revised Code and without 26112
the necessity for filing the surety bond or other security 26113
required by section 1509.225 of the Revised Code. However, each 26114
such entity shall legibly identify vehicles used to apply brine 26115
with reflective paint in letters no less than four inches in 26116
height, indicating the word "brine" and that the vehicle is a 26117
vehicle of the political subdivision, department, agency, or 26118
instrumentality. Except as stated in this division, such entities 26119
shall transport brine in accordance with sections 1509.22 to 26120
1509.226 of the Revised Code.26121

       (H) A surface application plan filed for approval under 26122
division (C) of this section shall be accompanied by a 26123
nonrefundable fee of fifty dollars, which shall be credited to the 26124
general fund of the county. An approved plan is valid for one year 26125
from the date of its approval unless it is revoked before that 26126
time. An approved revised plan is valid for the remainder of the 26127
term of the plan it supersedes unless it is revoked before that 26128
time. Any person who has filed such a plan or revised plan and had 26129
it approved may renew it by refiling it in accordance with 26130
divisions (C) and (D) of this section within thirty days before 26131
any anniversary of the date on which the original plan was 26132
approved. The board shall notify the chief of renewals and 26133
nonrenewals of plans. Even if a renewed plan is approved under 26134
those divisions, the plan is not effective until notice is 26135
received by the chief, and until notice is received, the chief 26136
shall enforce this chapter and rules adopted thereunder with 26137
regard to the affected roads, streets, highways, and other similar 26138
land surfaces as if the plan had not been renewed.26139

       (I) A resolution adopted under division (A) of this section 26140
by a board or legislative authority shall be effective for one 26141
year following the date of its adoption and from month to month 26142
thereafter until the board or legislative authority, by 26143
resolution, terminates the authority granted in the original 26144
resolution. The termination shall be effective not less than seven 26145
days after enactment of the resolution, and a copy of the 26146
resolution shall be sent to the chief.26147

       Sec. 1509.23.  (A) Rules of the chief of the division of 26148
mineraloil and gas resources management may specify practices to 26149
be followed in the drilling and treatment of wells, production of 26150
oil and gas, and plugging of wells for protection of public health 26151
or safety or to prevent damage to natural resources, including 26152
specification of the following:26153

       (1) Appropriate devices;26154

       (2) Minimum distances that wells and other excavations, 26155
structures, and equipment shall be located from water wells, 26156
streets, roads, highways, rivers, lakes, streams, ponds, other 26157
bodies of water, railroad tracks, public or private recreational 26158
areas, zoning districts, and buildings or other structures. Rules 26159
adopted under division (A)(2) of this section shall not conflict 26160
with section 1509.021 of the Revised Code.26161

       (3) Other methods of operation;26162

       (4) Procedures, methods, and equipment and other requirements 26163
for equipment to prevent and contain discharges of oil and brine 26164
from oil production facilities and oil drilling and workover 26165
facilities consistent with and equivalent in scope, content, and 26166
coverage to section 311(j)(1)(c) of the "Federal Water Pollution 26167
Control Act Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251, 26168
as amended, and regulations adopted under it. In addition, the 26169
rules may specify procedures, methods, and equipment and other 26170
requirements for equipment to prevent and contain surface and 26171
subsurface discharges of fluids, condensates, and gases.26172

       (5) Notifications.26173

       (B) The chief, in consultation with the emergency response 26174
commission created in section 3750.02 of the Revised Code, shall 26175
adopt rules in accordance with Chapter 119. of the Revised Code 26176
that specify the information that shall be included in an 26177
electronic database that the chief shall create and host. The 26178
information shall be that which the chief considers to be 26179
appropriate for the purpose of responding to emergency situations 26180
that pose a threat to public health or safety or the environment. 26181
At the minimum, the information shall include that which a person 26182
who is regulated under this chapter is required to submit under 26183
the "Emergency Planning and Community Right-To-Know Act of 1986," 26184
100 Stat. 1728, 42 U.S.C.A. 11001, and regulations adopted under 26185
it.26186

       In addition, the rules shall specify whether and to what 26187
extent the database and the information that it contains will be 26188
made accessible to the public. The rules shall ensure that the 26189
database will be made available via the internet or a system of 26190
computer disks to the emergency response commission and to every 26191
local emergency planning committee and fire department in this 26192
state.26193

       Sec. 1509.24.  (A) The chief of the division of mineraloil 26194
and gas resources management, with the approval of the technical 26195
advisory council on oil and gas created in section 1509.38 of the 26196
Revised Code, may adopt, amend, or rescind rules relative to 26197
minimum acreage requirements for drilling units and minimum 26198
distances from which a new well may be drilled or an existing well 26199
deepened, plugged back, or reopened to a source of supply 26200
different from the existing pool from boundaries of tracts, 26201
drilling units, and other wells for the purpose of conserving oil 26202
and gas reserves. The rules relative to minimum acreage 26203
requirements for drilling units shall require a drilling unit to 26204
be compact and composed of contiguous land.26205

       (B) Rules adopted under this section and special orders made 26206
under section 1509.25 of the Revised Code shall apply only to new 26207
wells to be drilled or existing wells to be deepened, plugged 26208
back, or reopened to a source of supply different from the 26209
existing pool for the purpose of extracting oil or gas in their 26210
natural state.26211

       Sec. 1509.25.  The chief of the division of mineraloil and 26212
gas resources management, upon the chief's own motion or upon 26213
application of an owner, may hold a hearing to consider the need 26214
or desirability of adopting a special order for drilling unit 26215
requirements in a particular pool different from those established 26216
under section 1509.24 of the Revised Code. The chief shall notify 26217
every owner of land within the area proposed to be included within 26218
the order, of the date, time, and place of the hearing and the 26219
nature of the order being considered at least thirty days prior to 26220
the date of the hearing. Each application for such an order shall 26221
be accompanied by such information as the chief may request. If 26222
the chief finds that the pool can be defined with reasonable 26223
certainty, that the pool is in the initial state of development, 26224
and that the establishment of such different requirements for 26225
drilling a well on a tract or drilling unit in suchthe pool is 26226
reasonably necessary to protect correlative rights or to provide 26227
effective development, use, or conservation of oil and gas, the 26228
chief, with the written approval of the technical advisory council 26229
on oil and gas created in section 1509.38 of the Revised Code, 26230
shall make a special order designating the area covered by the 26231
order, and specifying the acreage requirements for drilling a well 26232
on a tract or drilling unit in suchthe area, which acreage 26233
requirements shall be uniform for the entire pool. The order shall 26234
specify minimum distances from the boundary of the tract or 26235
drilling unit for the drilling of wells and minimum distances from 26236
other wells and allow exceptions for wells drilled or drilling in 26237
a particular pool at the time of the filing of the application. 26238
The chief may exempt the discovery well from minimum acreage and 26239
distance requirements in the order. After the date of the notice 26240
for a hearing called to make suchthe order, no additional well 26241
shall be commenced in the pool for a period of sixty days or until 26242
an order has been made pursuant to the application, whichever is 26243
earlier. The chief, upon the chief's own motion or upon 26244
application of an owner, after a hearing and with the approval of 26245
the technical advisory council on oil and gas, may include 26246
additional lands determined to be underlaid by a particular pool 26247
or to exclude lands determined not to be underlaid by a particular 26248
pool, and may modify the spacing and acreage requirements of the 26249
order.26250

       Nothing in this section permits the chief to establish 26251
drilling units in a pool by requiring the use of a survey grid 26252
coordinate system with fixed or established unit boundaries.26253

       Sec. 1509.26.  The owners of adjoining tracts may agree to 26254
pool suchthe tracts to form a drilling unit that conforms to the 26255
minimum acreage and distance requirements of the division of 26256
mineraloil and gas resources management under section 1509.24 or 26257
1509.25 of the Revised Code. SuchThe agreement shall be in 26258
writing, a copy of which shall be submitted to the division with 26259
the application for a permit required by section 1509.05 of the 26260
Revised Code. Parties to the agreement shall designate one of 26261
their number as the applicant for suchthe permit.26262

       Sec. 1509.27.  If a tract of land is of insufficient size or 26263
shape to meet the requirements for drilling a well thereon as 26264
provided in section 1509.24 or 1509.25 of the Revised Code, 26265
whichever is applicable, and the owner of the tract who also is 26266
the owner of the mineral interest has been unable to form a 26267
drilling unit under agreement as provided in section 1509.26 of 26268
the Revised Code, on a just and equitable basis, such an owner may 26269
make application to the division of mineraloil and gas resources 26270
management for a mandatory pooling order.26271

        The application shall include information as shall be 26272
reasonably required by the chief of the division of mineraloil 26273
and gas resources management and shall be accompanied by an 26274
application for a permit as required by section 1509.05 of the 26275
Revised Code. The chief shall notify all owners of land within the 26276
area proposed to be included within the drilling unit of the 26277
filing of the application and of their right to a hearing. After 26278
the hearing or after the expiration of thirty days from the date 26279
notice of application was mailed to such owners, the chief, if 26280
satisfied that the application is proper in form and that 26281
mandatory pooling is necessary to protect correlative rights and 26282
to provide effective development, use, and conservation of oil and 26283
gas, shall issue a drilling permit and a mandatory pooling order 26284
complying with the requirements for drilling a well as provided in 26285
section 1509.24 or 1509.25 of the Revised Code, whichever is 26286
applicable. The mandatory pooling order shall:26287

       (A) Designate the boundaries of the drilling unit within 26288
which the well shall be drilled;26289

       (B) Designate the proposed production site;26290

       (C) Describe each separately owned tract or part thereof 26291
pooled by the order;26292

       (D) Allocate on a surface acreage basis a pro rata portion of 26293
the production to the owner of each tract pooled by the order. The 26294
pro rata portion shall be in the same proportion that the 26295
percentage of the owner's acreage is to the state minimum acreage 26296
requirements established in rules adopted under this chapter for a 26297
drilling unit unless the applicant demonstrates to the chief using 26298
geological evidence that the geologic structure containing the oil 26299
or gas is larger than the minimum acreage requirement in which 26300
case the pro rata portion shall be in the same proportion that the 26301
percentage of the owner's acreage is to the geologic structure.26302

       (E) Specify the basis upon which each owner of a tract pooled 26303
by the order shall share all reasonable costs and expenses of 26304
drilling and producing if the owner elects to participate in the 26305
drilling and operation of the well;26306

       (F) Designate the person to whom the permit shall be issued.26307

       A person shall not submit more than five applications for 26308
mandatory pooling orders per year under this section unless 26309
otherwise approved by the chief. 26310

       No surface operations or disturbances to the surface of the 26311
land shall occur on a tract pooled by an order without the written 26312
consent of or a written agreement with the owner of the tract that 26313
approves the operations or disturbances.26314

       If an owner of a tract pooled by the order does not elect to 26315
participate in the risk and cost of the drilling and operation of 26316
a well, the owner shall be designated as a nonparticipating owner 26317
in the drilling and operation of the well on a limited or carried 26318
basis and is subject to terms and conditions determined by the 26319
chief to be just and reasonable. In addition, if an owner is 26320
designated as a nonparticipating owner, the owner is not liable 26321
for actions or conditions associated with the drilling or 26322
operation of the well. If the applicant bears the costs of 26323
drilling, equipping, and operating a well for the benefit of a 26324
nonparticipating owner, as provided for in the pooling order, then 26325
the applicant shall be entitled to the share of production from 26326
the drilling unit accruing to the interest of that 26327
nonparticipating owner, exclusive of the nonparticipating owner's 26328
proportionate share of the royalty interest until there has been 26329
received the share of costs charged to that nonparticipating owner 26330
plus such additional percentage of the share of costs as the chief 26331
shall determine. The total amount receivable hereunder shall in no 26332
event exceed two hundred per cent of the share of costs charged to 26333
that nonparticipating owner. After receipt of that share of costs 26334
by such an applicant, a nonparticipating owner shall receive a 26335
proportionate share of the working interest in the well in 26336
addition to a proportionate share of the royalty interest, if any.26337

       If there is a dispute as to costs of drilling, equipping, or 26338
operating a well, the chief shall determine those costs.26339

       Sec. 1509.28.  (A) The chief of the division of mineraloil 26340
and gas resources management, upon the chief's own motion or upon 26341
application by the owners of sixty-five per cent of the land area 26342
overlying the pool, shall hold a hearing to consider the need for 26343
the operation as a unit of an entire pool or part thereof. An 26344
application by owners shall be accompanied by such information as 26345
the chief may request.26346

       The chief shall make an order providing for the unit 26347
operation of a pool or part thereof if the chief finds that such 26348
operation is reasonably necessary to increase substantially the 26349
ultimate recovery of oil and gas, and the value of the estimated 26350
additional recovery of oil or gas exceeds the estimated additional 26351
cost incident to conducting suchthe operation. The order shall be 26352
upon terms and conditions that are just and reasonable and shall 26353
prescribe a plan for unit operations that shall include:26354

       (1) A description of the unitized area, termed the unit area;26355

       (2) A statement of the nature of the operations contemplated;26356

       (3) An allocation to the separately owned tracts in the unit 26357
area of all the oil and gas that is produced from the unit area 26358
and is saved, being the production that is not used in the conduct 26359
of operations on the unit area or not unavoidably lost. The 26360
allocation shall be in accord with the agreement, if any, of the 26361
interested parties. If there is no such agreement, the chief shall 26362
determine the value, from the evidence introduced at the hearing, 26363
of each separately owned tract in the unit area, exclusive of 26364
physical equipment, for development of oil and gas by unit 26365
operations, and the production allocated to each tract shall be 26366
the proportion that the value of each tract so determined bears to 26367
the value of all tracts in the unit area.26368

       (4) A provision for the credits and charges to be made in the 26369
adjustment among the owners in the unit area for their respective 26370
investments in wells, tanks, pumps, machinery, materials, and 26371
equipment contributed to the unit operations;26372

       (5) A provision providing how the expenses of unit 26373
operations, including capital investment, shall be determined and 26374
charged to the separately owned tracts and how the expenses shall 26375
be paid;26376

       (6) A provision, if necessary, for carrying or otherwise 26377
financing any person who is unable to meet the person's financial 26378
obligations in connection with the unit, allowing a reasonable 26379
interest charge for such service;26380

       (7) A provision for the supervision and conduct of the unit 26381
operations, in respect to which each person shall have a vote with 26382
a value corresponding to the percentage of the expenses of unit 26383
operations chargeable against the interest of suchthat person;26384

       (8) The time when the unit operations shall commence, and the 26385
manner in which, and the circumstances under which, the unit 26386
operations shall terminate;26387

       (9) Such additional provisions as are found to be appropriate 26388
for carrying on the unit operations, and for the protection or 26389
adjustment of correlative rights.26390

       (B) No order of the chief providing for unit operations shall 26391
become effective unless and until the plan for unit operations 26392
prescribed by the chief has been approved in writing by those 26393
owners who, under the chief's order, will be required to pay at 26394
least sixty-five per cent of the costs of the unit operation, and 26395
also by the royalty or, with respect to unleased acreage, fee 26396
owners of sixty-five per cent of the acreage to be included in the 26397
unit. If the plan for unit operations has not been so approved by 26398
owners and royalty owners at the time the order providing for unit 26399
operations is made, the chief shall upon application and notice 26400
hold such supplemental hearings as may be required to determine if 26401
and when the plan for unit operations has been so approved. If the 26402
owners and royalty owners, or either, owning the required 26403
percentage of interest in the unit area do not approve the plan 26404
for unit operations within a period of six months from the date on 26405
which the order providing for unit operations is made, suchthe26406
order shall cease to be of force and shall be revoked by the 26407
chief.26408

       An order providing for unit operations may be amended by an 26409
order made by the chief, in the same manner and subject to the 26410
same conditions as an original order providing for unit 26411
operations, provided that:26412

       (1) If such an amendment affects only the rights and 26413
interests of the owners, the approval of the amendment by the 26414
royalty owners shall not be required.26415

       (2) No such order of amendment shall change the percentage 26416
for allocation of oil and gas as established for any separately 26417
owned tract by the original order, except with the consent of all 26418
persons owning interest in suchthe tract.26419

       The chief, by an order, may provide for the unit operation of 26420
a pool or a part thereof that embraces a unit area established by 26421
a previous order of the chief. Such an order, in providing for the 26422
allocation of unit production, shall first treat the unit area 26423
previously established as a single tract, and the portion of the 26424
unit production so allocated thereto shall then be allocated among 26425
the separately owned tracts included in suchthe previously 26426
established unit area in the same proportions as those specified 26427
in the previous order.26428

       Oil and gas allocated to a separately owned tract shall be 26429
deemed, for all purposes, to have been actually produced from such26430
the tract, and all operations, including, but not limited to, the 26431
commencement, drilling, operation of, or production from a well 26432
upon any portion of the unit area shall be deemed for all purposes 26433
the conduct of such operations and production from any lease or 26434
contract for lands any portion of which is included in the unit 26435
area. The operations conducted pursuant to the order of the chief 26436
shall constitute a fulfillment of all the express or implied 26437
obligations of each lease or contract covering lands in the unit 26438
area to the extent that compliance with such obligations cannot be 26439
had because of the order of the chief.26440

       Oil and gas allocated to any tract, and the proceeds from the 26441
sale thereof, shall be the property and income of the several 26442
persons to whom, or to whose credit, the same are allocated or 26443
payable under the order providing for unit operations.26444

       No order of the chief or other contract relating to the sale 26445
or purchase of production from a separately owned tract shall be 26446
terminated by the order providing for unit operations, but shall 26447
remain in force and apply to oil and gas allocated to suchthe26448
tract until terminated in accordance with the provisions thereof.26449

       Except to the extent that the parties affected so agree, no 26450
order providing for unit operations shall be construed to result 26451
in a transfer of all or any part of the title of any person to the 26452
oil and gas rights in any tract in the unit area. All property, 26453
whether real or personal, that may be acquired for the account of 26454
the owners within the unit area shall be the property of such 26455
owners in the proportion that the expenses of unit operations are 26456
charged.26457

       Sec. 1509.29.  Upon application by an owner of a tract for 26458
which a drilling permit may not be issued, and a showing by the 26459
owner that the owner is unable to enter a voluntary pooling 26460
agreement and that the owner would be unable to participate under 26461
a mandatory pooling order, the chief of the division of mineral26462
oil and gas resources management shall issue a permit and order 26463
establishing the tract as an exception tract if the chief finds 26464
that suchthe owner would otherwise be precluded from producing 26465
oil or gas from the owner's tract because of minimum acreage or 26466
distance requirements. The order shall set a percentage of the 26467
maximum daily potential production at which the well may be 26468
produced. The percentage shall be the same as the percentage that 26469
the number of acres in the tract bears to the number of acres in 26470
the minimum acreage requirement that has been established under 26471
section 1509.24 or 1509.25 of the Revised Code, whichever is 26472
applicable, but if the well drilled on suchthe tract is located 26473
nearer to the boundary of the tract than the required minimum 26474
distance, the percentage may not exceed the percentage determined 26475
by dividing the distance from the well to the boundary by the 26476
minimum distance requirement. Within ten days after completion of 26477
the well, the maximum daily potential production of the well shall 26478
be determined by such drill stem, open flow, or other tests as may 26479
be required by the chief. The chief shall require such tests, at 26480
least once every three months, as are necessary to determine the 26481
maximum daily potential production at that time.26482

       Sec. 1509.31.  (A) Whenever the entire interest of an oil and 26483
gas lease is assigned or otherwise transferred, the assignor or 26484
transferor shall notify the holders of the royalty interests, and, 26485
if a well or wells exist on the lease, the division of mineraloil 26486
and gas resources management, of the name and address of the 26487
assignee or transferee by certified mail, return receipt 26488
requested, not later than thirty days after the date of the 26489
assignment or transfer. When notice of any such assignment or 26490
transfer is required to be provided to the division, it shall be 26491
provided on a form prescribed and provided by the division and 26492
verified by both the assignor or transferor and by the assignee or 26493
transferee and shall be accompanied by a nonrefundable fee of one 26494
hundred dollars for each well. The notice form applicable to 26495
assignments or transfers of a well to the owner of the surface 26496
estate of the tract on which the well is located shall contain a 26497
statement informing the landowner that the well may require 26498
periodic servicing to maintain its productivity; that, upon 26499
assignment or transfer of the well to the landowner, the landowner 26500
becomes responsible for compliance with the requirements of this 26501
chapter and rules adopted under it, including, without limitation, 26502
the proper disposal of brine obtained from the well, the plugging 26503
of the well when it becomes incapable of producing oil or gas, and 26504
the restoration of the well site; and that, upon assignment or 26505
transfer of the well to the landowner, the landowner becomes 26506
responsible for the costs of compliance with the requirements of 26507
this chapter and rules adopted under it and the costs for 26508
operating and servicing the well.26509

       (B) When the entire interest of a well is proposed to be 26510
assigned or otherwise transferred to the landowner for use as an 26511
exempt domestic well, the owner who has been issued a permit under 26512
this chapter for the well shall submit to the chief of the 26513
division of oil and gas resources management an application for 26514
the assignment or transfer that contains all documents that the 26515
chief requires and a nonrefundable fee of one hundred dollars. The 26516
application for such an assignment or transfer shall be prescribed 26517
and provided by the chief. The chief may approve the application 26518
if the application is accompanied by a release of all of the oil 26519
and gas leases that are included in the applicable formation of 26520
the drilling unit, the release is in a form such that the well 26521
ownership merges with the fee simple interest of the surface 26522
tract, and the release is in a form that may be recorded. However, 26523
if the owner of the well does not release the oil and gas leases 26524
associated with the well that is proposed to be assigned or 26525
otherwise transferred or if the fee simple tract that results from 26526
the merger of the well ownership with the fee simple interest of 26527
the surface tract is less than five acres, the proposed exempt 26528
domestic well owner shall post a five thousand dollar bond with 26529
the division of mineral resources management prior to the 26530
assignment or transfer of the well to ensure that the well will be 26531
properly plugged. The chief, for good cause, may modify the 26532
requirements of this section governing the assignment or transfer 26533
of the interests of a well to the landowner. Upon the assignment 26534
or transfer of the well, the owner of an exempt domestic well is 26535
not subject to the severance tax levied under section 5749.02 of 26536
the Revised Code, but is subject to all applicable fees 26537
established in this chapter.26538

       (C) The owner holding a permit under section 1509.05 of the 26539
Revised Code is responsible for all obligations and liabilities 26540
imposed by this chapter and any rules, orders, and terms and 26541
conditions of a permit adopted or issued under it, and no 26542
assignment or transfer by the owner relieves the owner of the 26543
obligations and liabilities until and unless the assignee or 26544
transferee files with the division the information described in 26545
divisions (A)(1), (2), (3), (4), (5), (10), (11), and (12) of 26546
section 1509.06 of the Revised Code; obtains liability insurance 26547
coverage required by section 1509.07 of the Revised Code, except 26548
when none is required by that section; and executes and files a 26549
surety bond, negotiable certificates of deposit or irrevocable 26550
letters of credit, or cash, as described in that section. Instead 26551
of a bond, but only upon acceptance by the chief of the division 26552
of mineral resources management, the assignee or transferee may 26553
file proof of financial responsibility, described in section 26554
1509.07 of the Revised Code. Section 1509.071 of the Revised Code 26555
applies to the surety bond, cash, and negotiable certificates of 26556
deposit and irrevocable letters of credit described in this 26557
section. Unless the chief approves a modification, each assignee 26558
or transferee shall operate in accordance with the plans and 26559
information filed by the permit holder pursuant to section 1509.06 26560
of the Revised Code.26561

       (D) If a mortgaged property that is being foreclosed is 26562
subject to an oil or gas lease, pipeline agreement, or other 26563
instrument related to the production or sale of oil or natural gas 26564
and the lease, agreement, or other instrument was recorded 26565
subsequent to the mortgage, and if the lease, agreement, or other 26566
instrument is not in default, the oil or gas lease, pipeline 26567
agreement, or other instrument, as applicable, has priority over 26568
all other liens, claims, or encumbrances on the property so that 26569
the oil or gas lease, pipeline agreement, or other instrument is 26570
not terminated or extinguished upon the foreclosure sale of the 26571
mortgaged property. If the owner of the mortgaged property was 26572
entitled to oil and gas royalties before the foreclosure sale, the 26573
oil or gas royalties shall be paid to the purchaser of the 26574
foreclosed property.26575

       Sec. 1509.32.  Any person adversely affected may file with 26576
the chief of the division of mineraloil and gas resources 26577
management a written complaint alleging failure to restore 26578
disturbed land surfaces in violation of section 1509.072 or 26579
1509.22 of the Revised Code or a rule adopted thereunder.26580

       Upon receipt of a complaint, the chief shall cause an 26581
investigation to be made of the lands where the alleged violation 26582
has occurred and send copies of the investigation report to the 26583
person who filed the complaint and to the owner. Upon finding a 26584
violation the chief shall order the owner to eliminate the 26585
violation within a specified time. If the owner fails to eliminate 26586
the violation within the time specified, the chief may request the 26587
prosecuting attorney of the county in which the violation occurs 26588
or the attorney general to bring appropriate action to secure 26589
compliance with suchthose sections. If the chief fails to bring 26590
an appropriate action to secure compliance with suchthose26591
sections within twenty days after the time specified, the person 26592
filing the complaint may request the prosecuting attorney of the 26593
county in which the violation occurs to bring an appropriate 26594
action to secure compliance with suchthose sections. The division 26595
of mineraloil and gas resources management may cooperate with any 26596
state or local agency to provide technical advice or minimum 26597
standards for the restoration of various soils and land surfaces 26598
or to assist in any investigation.26599

       Sec. 1509.33.  (A) Whoever violates sections 1509.01 to 26600
1509.31 of the Revised Code, or any rules adopted or orders or 26601
terms or conditions of a permit or registration certificate issued 26602
pursuant to these sections for which no specific penalty is 26603
provided in this section, shall pay a civil penalty of not more 26604
than four thousand dollars for each offense.26605

       (B) Whoever violates section 1509.221 of the Revised Code or 26606
any rules adopted or orders or terms or conditions of a permit 26607
issued thereunder shall pay a civil penalty of not more than two 26608
thousand five hundred dollars for each violation.26609

       (C) Whoever violates division (D) of section 1509.22 or 26610
division (A)(1) of section 1509.222 of the Revised Code shall pay 26611
a civil penalty of not less than two thousand five hundred dollars 26612
nor more than twenty thousand dollars for each violation.26613

       (D) Whoever violates division (A) of section 1509.22 of the 26614
Revised Code shall pay a civil penalty of not less than two 26615
thousand five hundred dollars nor more than ten thousand dollars 26616
for each violation.26617

       (E) Whoever violates division (A) of section 1509.223 of the 26618
Revised Code shall pay a civil penalty of not more than ten 26619
thousand dollars for each violation.26620

       (F) Whoever violates section 1509.072 of the Revised Code or 26621
any rules adopted or orders issued to administer, implement, or 26622
enforce that section shall pay a civil penalty of not more than 26623
five thousand dollars for each violation.26624

       (G) In addition to any other penalties provided in this 26625
chapter, whoever violates division (B) of section 1509.22 or 26626
division (A)(1) of section 1509.222 or knowingly violates division 26627
(A) of section 1509.223 of the Revised Code is liable for any 26628
damage or injury caused by the violation and for the cost of 26629
rectifying the violation and conditions caused by the violation. 26630
If two or more persons knowingly violate one or more of suchthose26631
divisions in connection with the same event, activity, or 26632
transaction, they are jointly and severally liable under this 26633
division.26634

       (H) The attorney general, upon the request of the chief of 26635
the division of mineraloil and gas resources management, shall 26636
commence an action under this section against any person who 26637
violates sections 1509.01 to 1509.31 of the Revised Code, or any 26638
rules adopted or orders or terms or conditions of a permit or 26639
registration certificate issued pursuant to these sections. Any 26640
action under this section is a civil action, governed by the Rules 26641
of Civil Procedure and other rules of practice and procedure 26642
applicable to civil actions. The remedy provided in this division 26643
is cumulative and concurrent with any other remedy provided in 26644
this chapter, and the existence or exercise of one remedy does not 26645
prevent the exercise of any other, except that no person shall be 26646
subject to both a civil penalty under division (A), (B), (C), or 26647
(D) of this section and a criminal penalty under section 1509.99 26648
of the Revised Code for the same offense.26649

       Sec. 1509.34. (A)(1) If an owner fails to pay the fees 26650
imposed by this chapter, or if the chief of the division of 26651
mineraloil and gas resources management incurs costs under 26652
division (E) of section 1509.071 of the Revised Code to correct 26653
conditions associated with the owner's well that the chief 26654
reasonably has determined are causing imminent health or safety 26655
risks, the division of mineraloil and gas resources management 26656
shall have a priority lien against that owner's interest in the 26657
applicable well in front of all other creditors for the amount of 26658
any such unpaid fees and costs incurred. The chief shall file a 26659
statement in the office of the county recorder of the county in 26660
which the applicable well is located of the amount of the unpaid 26661
fees and costs incurred as described in this division. The 26662
statement shall constitute a lien on the owner's interest in the 26663
well as of the date of the filing. The lien shall remain in force 26664
so long as any portion of the lien remains unpaid or until the 26665
chief issues a certificate of release of the lien. If the chief 26666
issues a certificate of release of the lien, the chief shall file 26667
the certificate of release in the office of the applicable county 26668
recorder.26669

       (2) A lien imposed under division (A)(1) of this section 26670
shall be in addition to any lien imposed by the attorney general 26671
for failure to pay the assessment imposed by section 1509.50 of 26672
the Revised Code or the tax levied under division (A)(5) or (6) of 26673
section 5749.02 of the Revised Code, as applicable.26674

       (3) If the attorney general cannot collect from a severer or 26675
an owner for an outstanding balance of amounts due under section 26676
1509.50 of the Revised Code or of unpaid taxes levied under 26677
division (A)(5) or (6) of section 5749.02 of the Revised Code, as 26678
applicable, the tax commissioner may request the chief to impose a 26679
priority lien against the owner's interest in the applicable well. 26680
Such a lien has priority in front of all other creditors.26681

       (B) The chief promptly shall issue a certificate of release 26682
of a lien under either of the following circumstances:26683

       (1) Upon the repayment in full of the amount of unpaid fees 26684
imposed by this chapter or costs incurred by the chief under 26685
division (E) of section 1509.071 of the Revised Code to correct 26686
conditions associated with the owner's well that the chief 26687
reasonably has determined are causing imminent health or safety 26688
risks;26689

       (2) Any other circumstance that the chief determines to be in 26690
the best interests of the state.26691

       (C) The chief may modify the amount of a lien under this 26692
section. If the chief modifies a lien, the chief shall file a 26693
statement in the office of the county recorder of the applicable 26694
county of the new amount of the lien.26695

       (D) An owner regarding which the division has recorded a lien 26696
against the owner's interest in a well in accordance with this 26697
section shall not transfer a well, lease, or mineral rights to 26698
another owner or person until the chief issues a certificate of 26699
release for each lien against the owner's interest in the well.26700

       (E) All money from the collection of liens under this section 26701
shall be deposited in the state treasury to the credit of the oil 26702
and gas well fund created in section 1509.02 of the Revised Code.26703

       Sec. 1509.36.  Any person adversely affected by an order by 26704
the chief of the division of mineraloil and gas resources 26705
management may appeal to the oil and gas commission for an order 26706
vacating or modifying the order.26707

       The person so appealing to the commission shall be known as 26708
appellant and the chief shall be known as appellee. Appellant and 26709
appellee shall be deemed to be parties to the appeal.26710

       The appeal shall be in writing and shall set forth the order 26711
complained of and the grounds upon which the appeal is based. The 26712
appeal shall be filed with the commission within thirty days after 26713
the date upon which the appellant received notice by certified 26714
mail and, for all other persons adversely affected by the order, 26715
within thirty days after the date of the order complained of. 26716
Notice of the filing of the appeal shall be filed with the chief 26717
within three days after the appeal is filed with the commission.26718

       Upon the filing of the appeal the commission promptly shall 26719
fix the time and place at which the hearing on the appeal will be 26720
held, and shall give the appellant and the chief at least ten 26721
days' written notice thereof by mail. The commission may postpone 26722
or continue any hearing upon its own motion or upon application of 26723
the appellant or of the chief.26724

       The filing of an appeal provided for in this section does not 26725
automatically suspend or stay execution of the order appealed 26726
from, but upon application by the appellant the commission may 26727
suspend or stay the execution pending determination of the appeal 26728
upon such terms as the commission considers proper.26729

       Either party to the appeal or any interested person who, 26730
pursuant to commission rules has been granted permission to 26731
appear, may submit such evidence as the commission considers 26732
admissible.26733

       For the purpose of conducting a hearing on an appeal, the 26734
commission may require the attendance of witnesses and the 26735
production of books, records, and papers, and it may, and at the 26736
request of any party it shall, issue subpoenas for witnesses or 26737
subpoenas duces tecum to compel the production of any books, 26738
records, or papers, directed to the sheriffs of the counties where 26739
the witnesses are found. The subpoenas shall be served and 26740
returned in the same manner as subpoenas in criminal cases are 26741
served and returned. The fees of sheriffs shall be the same as 26742
those allowed by the court of common pleas in criminal cases. 26743
Witnesses shall be paid the fees and mileage provided for under 26744
section 119.094 of the Revised Code. Such fees and mileage 26745
expenses incurred at the request of appellant shall be paid in 26746
advance by the appellant, and the remainder of those expenses 26747
shall be paid out of funds appropriated for the expenses of the 26748
division of mineraloil and gas resources management.26749

       In case of disobedience or neglect of any subpoena served on 26750
any person, or the refusal of any witness to testify to any matter 26751
regarding which the witness may be lawfully interrogated, the 26752
court of common pleas of the county in which the disobedience, 26753
neglect, or refusal occurs, or any judge thereof, on application 26754
of the commission or any member thereof, shall compel obedience by 26755
attachment proceedings for contempt as in the case of disobedience 26756
of the requirements of a subpoena issued from that court or a 26757
refusal to testify therein. Witnesses at such hearings shall 26758
testify under oath, and any member of the commission may 26759
administer oaths or affirmations to persons who so testify.26760

       At the request of any party to the appeal, a stenographic or 26761
electronic record of the testimony and other evidence submitted 26762
shall be taken by an official court shorthand reporter at the 26763
expense of the party making the request thereforfor the record. 26764
The record shall include all of the testimony and other evidence 26765
and the rulings on the admissibility thereof presented at the 26766
hearing. The commission shall pass upon the admissibility of 26767
evidence, but any party may at the time object to the admission of 26768
any evidence and except to the rulings of the commission thereon, 26769
and if the commission refuses to admit evidence the party offering 26770
same may make a proffer thereof, and such proffer shall be made a 26771
part of the record of the hearing.26772

       If upon completion of the hearing the commission finds that 26773
the order appealed from was lawful and reasonable, it shall make a 26774
written order affirming the order appealed from; if the commission 26775
finds that the order was unreasonable or unlawful, it shall make a 26776
written order vacating the order appealed from and making the 26777
order that it finds the chief should have made. Every order made 26778
by the commission shall contain a written finding by the 26779
commission of the facts upon which the order is based.26780

       Notice of the making of the order shall be given forthwith to 26781
each party to the appeal by mailing a certified copy thereof to 26782
each such party by certified mail.26783

       The order of the commission is final unless vacated by the 26784
court of common pleas of Franklin county in an appeal as provided 26785
for in section 1509.37 of the Revised Code. Sections 1509.01 to 26786
1509.37 of the Revised Code, providing for appeals relating to 26787
orders by the chief or by the commission, or relating to rules 26788
adopted by the chief, do not constitute the exclusive procedure 26789
that any person who believes the person's rights to be unlawfully 26790
affected by those sections or any official action taken thereunder 26791
must pursue in order to protect and preserve those rights, nor do 26792
those sections constitute a procedure that that person must pursue 26793
before that person may lawfully appeal to the courts to protect 26794
and preserve those rights.26795

       Sec. 1509.38.  There is hereby created in the division of26796
mineraloil and gas resources management a technical advisory 26797
council on oil and gas, which shall consist of eight members to be 26798
appointed by the governor with the advice and consent of the 26799
senate. Three members shall be independent oil or gas producers, 26800
operators, or their representatives, operating and producing 26801
primarily in this state, three members shall be oil or gas 26802
producers, operators, or their representatives having substantial 26803
oil and gas producing operations in this state and at least one 26804
other state, one member shall represent the public, and one member 26805
shall represent persons having landowners' royalty interests in 26806
oil and gas production. All members shall be residents of this 26807
state, and all members, except the members representing the public 26808
and persons having landowners' royalty interests, shall have at 26809
least five years of practical or technical experience in oil or 26810
gas drilling and production. Not more than one member may 26811
represent any one company, producer, or operator.26812

       Terms of office shall be for three years, commencing on the 26813
first day of February and ending on the thirty-first day of 26814
January. Each member shall hold office from the date of 26815
appointment until the end of the term for which the member was 26816
appointed. A vacancy in the office of a member shall be filled by 26817
the governor, with the advice and consent of the senate. Any 26818
member appointed to fill a vacancy occurring prior to the 26819
expiration of the term for which the member's predecessor was 26820
appointed shall hold office for the remainder of that term. Any 26821
member shall continue in office subsequent to the expiration date 26822
of the member's term until the member's successor takes office, or 26823
until a period of sixty days has elapsed, whichever occurs first.26824

       The council shall select from among its members a 26825
chairperson, a vice-chairperson, and a secretary. All members are 26826
entitled to their actual and necessary expenses incurred in the 26827
performance of their duties as members, payable from the 26828
appropriations for the division.26829

       The governor may remove any member for inefficiency, neglect 26830
of duty, or malfeasance in office.26831

       The council shall hold at least one regular meeting in each 26832
quarter of a calendar year and shall keep a record of its 26833
proceedings. Special meetings may be called by the chairperson and 26834
shall be called by the chairperson upon receipt of a written 26835
request signed by two or more members of the council. A written 26836
notice of the time and place of each meeting shall be sent to each 26837
member of the council. Five members constitute a quorum, and no 26838
action of the council is valid unless five members concur.26839

       The council, when requested by the chief of the division of26840
mineraloil and gas resources management, shall consult with and 26841
advise the chief and perform other duties that may be lawfully 26842
delegated to it by the chief. The council may participate in 26843
hearings held by the chief under this chapter and has powers of 26844
approval as provided in sections 1509.24 and 1509.25 of the 26845
Revised Code. The council shall conduct the activities required, 26846
and exercise the authority granted, under Chapter 1510. of the 26847
Revised Code.26848

       The council, upon receiving a request from the chairperson of 26849
the oil and gas commission under division (C) of section 1509.35 26850
of the Revised Code, immediately shall prepare and provide to the 26851
chairperson a list of its members who may serve as temporary 26852
members of the oil and gas commission as provided in that 26853
division.26854

       Sec. 1509.40.  Except as provided in section 1509.29 of the 26855
Revised Code, no authority granted in this chapter shall be 26856
construed as authorizing a limitation on the amount that any well, 26857
leasehold, or field is permitted to produce under proration orders 26858
of the division of mineraloil and gas resources management.26859

       Sec. 1509.50.  (A) An oil and gas regulatory cost recovery 26860
assessment is hereby imposed by this section on an owner. An owner 26861
shall pay the assessment in the same manner as a severer who is 26862
required to file a return under section 5749.06 of the Revised 26863
Code. However, an owner may designate a severer who shall pay the 26864
owner's assessment on behalf of the owner on the return that the 26865
severer is required to file under that section. If a severer so 26866
pays an owner's assessment, the severer may recoup from the owner 26867
the amount of the assessment. Except for an exempt domestic well, 26868
the assessment imposed shall be in addition to the taxes levied on 26869
the severance of oil and gas under section 5749.02 of the Revised 26870
Code.26871

       (B)(1) Except for an exempt domestic well, the oil and gas 26872
regulatory cost recovery assessment shall be calculated on a 26873
quarterly basis and shall be one of the following:26874

       (a) If the sum of ten cents per barrel of oil for all of the 26875
wells of the owner, one-half of one cent per one thousand cubic 26876
feet of natural gas for all of the wells of the owner, and the 26877
amount of the severance tax levied on each severer for all of the 26878
wells of the owner under divisions (A)(5) and (6) of section 26879
5749.02 of the Revised Code, as applicable, is greater than the 26880
sum of fifteen dollars for each well owned by the owner, the 26881
amount of the assessment is the sum of ten cents per barrel of oil 26882
for all of the wells of the owner and one-half of one cent per one 26883
thousand cubic feet of natural gas for all of the wells of the 26884
owner.26885

       (b) If the sum of ten cents per barrel of oil for all of the 26886
wells of the owner, one-half of one cent per one thousand cubic 26887
feet of natural gas for all of the wells of the owner, and the 26888
amount of the severance tax levied on each severer for all of the 26889
wells of the owner under divisions (A)(5) and (6) of section 26890
5749.02 of the Revised Code, as applicable, is less than the sum 26891
of fifteen dollars for each well owned by the owner, the amount of 26892
the assessment is the sum of fifteen dollars for each well owned 26893
by the owner less the amount of the tax levied on each severer for 26894
all of the wells of the owner under divisions (A)(5) and (6) of 26895
section 5749.02 of the Revised Code, as applicable.26896

       (2) The oil and gas regulatory cost recovery assessment for a 26897
well that becomes an exempt domestic well on and after the 26898
effective date of this sectionJune 30, 2010, shall be sixty 26899
dollars to be paid to the division of mineraloil and gas26900
resources management on the first day of July of each year.26901

       (C) All money collected pursuant to this section shall be 26902
deposited in the state treasury to the credit of the oil and gas 26903
well fund created in section 1509.02 of the Revised Code.26904

       (D) Except for purposes of revenue distribution as specified 26905
in division (B) of section 5749.02 of the Revised Code, the oil 26906
and gas regulatory cost recovery assessment imposed by this 26907
section shall be treated the same and equivalent for all purposes 26908
as the taxes levied on the severance of oil and gas under that 26909
section. However, the assessment imposed by this section is not a 26910
tax under Chapter 5749. of the Revised Code.26911

       Sec. 1510.01.  As used in this chapter:26912

       (A) "First purchaser" means:26913

       (1) With regard to crude oil, the person to whom title first 26914
is transferred beyond the gathering tank or tanks, beyond the 26915
facility from which the crude oil was first produced, or both;26916

       (2) With regard to natural gas, the person to whom title 26917
first is transferred beyond the inlet side of the measurement 26918
station from which the natural gas was first produced.26919

       (B) "Independent producer" means a person who complies with 26920
both of the following:26921

       (1) Produces oil or natural gas and is not engaged in 26922
refining either product;26923

       (2) Derives a majority of income from ownership in properties 26924
producing oil or natural gas.26925

       (C) "Qualified independent producer association" means an 26926
association that complies with all of the following:26927

       (1) It is in existence on December 18, 1997.26928

       (2) It is organized and operating within this state.26929

       (3) A majority of the members of its governing body are 26930
independent producers.26931

       (D) "Technical advisory council" or "council" means the 26932
technical advisory council created in the division of mineraloil 26933
and gas resources management under section 1509.38 of the Revised 26934
Code.26935

       Sec. 1510.08.  (A)(1) Except as provided in division (A)(2) 26936
of this section, an operating committee may levy assessments on 26937
the production of oil and natural gas in this state for the 26938
purposes of a marketing program established under this chapter.26939

       (2) An operating committee shall not levy an assessment that 26940
was not approved by independent producers or that exceeds the 26941
amount authorized under division (B)(1) of section 1510.04 of the 26942
Revised Code. An operating committee shall not levy an assessment 26943
against an independent producer who is not eligible to vote in a 26944
referendum for the marketing program that the operating committee 26945
administers, as determined under division (C) of section 1510.02 26946
of the Revised Code.26947

       (B) The technical advisory council may require a first 26948
purchaser to withhold assessments from any amounts that the first 26949
purchaser owes to independent producers and, notwithstanding 26950
division (A)(2) of this section, to remit them to the chairperson 26951
of the council at the office of the division of mineraloil and 26952
gas resources management. A first purchaser who pays an assessment 26953
that is levied pursuant to this section for an independent 26954
producer may deduct the amount of the assessment from any moneys 26955
that the first purchaser owes the independent producer.26956

       (C) A marketing program shall require a refund of assessments 26957
collected under this section after receiving an application for a 26958
refund from an independent producer. An application for a refund 26959
shall be made on a form furnished by the council. The operating 26960
committee shall ensure that refund forms are available where 26961
assessments for its program are withheld.26962

       An independent producer who desires a refund shall submit a 26963
request for a refund not later than the thirty-first day of March 26964
of the year in which the request is submitted. The council shall 26965
refund the assessment to the independent producer not later than 26966
the thirtieth day of June of the year in which the request for the 26967
refund is submitted.26968

       (D) An operating committee shall not use moneys from any 26969
assessments that it levies for any political or legislative 26970
purpose or for preferential treatment of one person to the 26971
detriment of another person who is affected by the marketing 26972
program that the operating committee administers.26973

       Sec. 1515.08.  The supervisors of a soil and water 26974
conservation district have the following powers in addition to 26975
their other powers:26976

       (A) To conduct surveys, investigations, and research relating 26977
to the character of soil erosion, floodwater and sediment damages, 26978
and the preventive and control measures and works of improvement 26979
for flood prevention and the conservation, development, 26980
utilization, and disposal of water needed within the district, and 26981
to publish the results of those surveys, investigations, or 26982
research, provided that no district shall initiate any research 26983
program except in cooperation or after consultation with the Ohio 26984
agricultural research and development center;26985

       (B) To develop plans for the conservation of soil resources, 26986
for the control and prevention of soil erosion, and for works of 26987
improvement for flood prevention and the conservation, 26988
development, utilization, and disposal of water within the 26989
district, and to publish those plans and information;26990

       (C) To implement, construct, repair, maintain, and operate 26991
preventive and control measures and other works of improvement for 26992
natural resource conservation and development and flood 26993
prevention, and the conservation, development, utilization, and 26994
disposal of water within the district on lands owned or controlled 26995
by this state or any of its agencies and on any other lands within 26996
the district, which works may include any facilities authorized 26997
under state or federal programs, and to acquire, by purchase or 26998
gift, to hold, encumber, or dispose of, and to lease real and 26999
personal property or interests in such property for those 27000
purposes;27001

       (D) To cooperate or enter into agreements with any occupier 27002
of lands within the district in the carrying on of natural 27003
resource conservation operations and works of improvement for 27004
flood prevention and the conservation, development, utilization, 27005
and management of natural resources within the district, subject 27006
to such conditions as the supervisors consider necessary;27007

       (E) To accept donations, gifts, grants, and contributions in 27008
money, service, materials, or otherwise, and to use or expend them 27009
according to their terms;27010

       (F) To adopt, amend, and rescind rules to carry into effect 27011
the purposes and powers of the district;27012

       (G) To sue and plead in the name of the district, and be sued 27013
and impleaded in the name of the district, with respect to its 27014
contracts and, as indicated in section 1515.081 of the Revised 27015
Code, certain torts of its officers, employees, or agents acting 27016
within the scope of their employment or official responsibilities, 27017
or with respect to the enforcement of its obligations and 27018
covenants made under this chapter;27019

       (H) To make and enter into all contracts, leases, and 27020
agreements and execute all instruments necessary or incidental to 27021
the performance of the duties and the execution of the powers of 27022
the district under this chapter, provided that all of the 27023
following apply:27024

       (1) Except as provided in section 307.86 of the Revised Code 27025
regarding expenditures by boards of county commissioners, when the 27026
cost under any such contract, lease, or agreement, other than 27027
compensation for personal services or rental of office space, 27028
involves an expenditure of more than the amount established in 27029
that section regarding expenditures by boards of county 27030
commissioners, the supervisors shall make a written contract with 27031
the lowest and best bidder after advertisement, for not less than 27032
two nor more than four consecutive weeks preceding the day of the 27033
opening of bids, in a newspaper of general circulation within the 27034
district or as provided in section 7.16 of the Revised Code and in 27035
such other publications as the supervisors determine. The notice 27036
shall state the general character of the work and materials to be 27037
furnished, the place where plans and specifications may be 27038
examined, and the time and place of receiving bids.27039

       (2) Each bid for a contract shall contain the full name of 27040
every person interested in it.27041

       (3) Each bid for a contract for the construction, demolition, 27042
alteration, repair, or reconstruction of an improvement shall meet 27043
the requirements of section 153.54 of the Revised Code.27044

       (4) Each bid for a contract, other than a contract for the 27045
construction, demolition, alteration, repair, or reconstruction of 27046
an improvement, at the discretion of the supervisors, may be 27047
accompanied by a bond or certified check on a solvent bank in an 27048
amount not to exceed five per cent of the bid, conditioned that, 27049
if the bid is accepted, a contract shall be entered into.27050

       (5) The supervisors may reject any and all bids.27051

       (I) To make agreements with the department of natural 27052
resources giving it control over lands of the district for the 27053
purpose of construction of improvements by the department under 27054
section 1501.011 of the Revised Code;27055

       (J) To charge, alter, and collect rentals and other charges 27056
for the use or services of any works of the district;27057

       (K) To enter, either in person or by designated 27058
representatives, upon lands, private or public, in the necessary 27059
discharge of their duties;27060

       (L) To enter into agreements or contracts with the department 27061
for the determination, implementation, inspection, and funding of 27062
agricultural pollution abatement and urban sediment pollution 27063
abatement measures whereby landowners, operators, managers, and 27064
developers may meet adopted state standards for a quality 27065
environment, except that failure of a district board of 27066
supervisors to negotiate an agreement or contract with the 27067
department shall authorize the division of soil and water 27068
resources to implement the required program;27069

       (M) To conduct demonstrations and provide information to the 27070
public regarding practices and methods for natural resource 27071
conservation, development, and utilization;27072

       (N) To enter into contracts or agreements with the chief of 27073
the division of soil and water resources to implement and 27074
administer a program for urban sediment pollution abatement and to 27075
receive and expend moneys provided by the chief for that purpose;27076

       (O) To develop operation and management plans, as defined in 27077
section 1511.01 of the Revised Code, as necessary;27078

       (P) To determine whether operation and management plans 27079
developed under division (A) of section 1511.021 of the Revised 27080
Code comply with the standards established under division (E)(1) 27081
of section 1511.02 of the Revised Code and to approve or 27082
disapprove the plans, based on such compliance. If an operation 27083
and management plan is disapproved, the board shall provide a 27084
written explanation to the person who submitted the plan. The 27085
person may appeal the plan disapproval to the chief, who shall 27086
afford the person a hearing. Following the hearing, the chief 27087
shall uphold the plan disapproval or reverse it. If the chief 27088
reverses the plan disapproval, the plan shall be deemed approved 27089
under this division. In the event that any person operating or 27090
owning agricultural land or a concentrated animal feeding 27091
operation in accordance with an approved operation and management 27092
plan who, in good faith, is following that plan, causes 27093
agricultural pollution, the plan shall be revised in a fashion 27094
necessary to mitigate the agricultural pollution, as determined 27095
and approved by the board of supervisors of the soil and water 27096
conservation district.27097

       (Q) With regard to composting conducted in conjunction with 27098
agricultural operations, to do all of the following:27099

       (1) Upon request or upon their own initiative, inspect 27100
composting at any such operation to determine whether the 27101
composting is being conducted in accordance with section 1511.022 27102
of the Revised Code;27103

       (2) If the board determines that composting is not being so 27104
conducted, request the chief to issue an order under division (G) 27105
of section 1511.02 of the Revised Code requiring the person who is 27106
conducting the composting to prepare a composting plan in 27107
accordance with rules adopted under division (E)(8)(c) of that 27108
section and to operate in accordance with that plan or to operate 27109
in accordance with a previously prepared plan, as applicable;27110

       (3) In accordance with rules adopted under division (E)(8)(c) 27111
of section 1511.02 of the Revised Code, review and approve or 27112
disapprove any such composting plan. If a plan is disapproved, the 27113
board shall provide a written explanation to the person who 27114
submitted the plan.27115

       As used in division (Q) of this section, "composting" has the 27116
same meaning as in section 1511.01 of the Revised Code.27117

       (R) With regard to conservation activities that are conducted 27118
in conjunction with agricultural operations, to assist the county 27119
auditor, upon request, in determining whether a conservation 27120
activity is a conservation practice for purposes of Chapter 929. 27121
or sections 5713.30 to 5713.37 and 5715.01 of the Revised Code.27122

       As used in this division, "conservation practice" has the 27123
same meaning as in section 5713.30 of the Revised Code.27124

       (S) To do all acts necessary or proper to carry out the 27125
powers granted in this chapter.27126

       The director of natural resources shall make recommendations 27127
to reduce the adverse environmental effects of each project that a 27128
soil and water conservation district plans to undertake under 27129
division (A), (B), (C), or (D) of this section and that will be 27130
funded in whole or in part by moneys authorized under section 27131
1515.16 of the Revised Code and shall disapprove any such project 27132
that the director finds will adversely affect the environment 27133
without equal or greater benefit to the public. The director's 27134
disapproval or recommendations, upon the request of the district 27135
filed in accordance with rules adopted by the Ohio soil and water 27136
conservation commission, shall be reviewed by the commission, 27137
which may confirm the director's decision, modify it, or add 27138
recommendations to or approve a project the director has 27139
disapproved.27140

       Any instrument by which real property is acquired pursuant to 27141
this section shall identify the agency of the state that has the 27142
use and benefit of the real property as specified in section 27143
5301.012 of the Revised Code.27144

       Sec. 1515.14.  Within the limits of funds appropriated to the 27145
department of natural resources and the soil and water 27146
conservation district assistance fund created in this section, 27147
there shall be paid in each calendar year to each local soil and 27148
water conservation district an amount not to exceed one dollar for 27149
each one dollar received in accordance with section 1515.10 of the 27150
Revised Code, received from tax levies in excess of the ten-mill 27151
levy limitation approved for the benefit of local soil and water 27152
conservation districts, or received from an appropriation by a 27153
municipal corporation or a township to a maximum of eight thousand 27154
dollars, provided that the Ohio soil and water conservation 27155
commission may approve payment to a district in an amount in 27156
excess of eight thousand dollars in any calendar year upon receipt 27157
of a request and justification from the district. The county 27158
auditor shall credit such payments to the special fund established 27159
pursuant to section 1515.10 of the Revised Code for the local soil 27160
and water conservation district. The department may make advances 27161
at least quarterly to each district on the basis of the estimated 27162
contribution of the state to each district. Moneys received by 27163
each district shall be expended for the purposes of the district.27164

       For the purpose of providing money to soil and water 27165
conservation districts under this section, there is hereby created 27166
in the state treasury the soil and water conservation district 27167
assistance fund consisting of money credited to it under sections 27168
3714.073 and 3734.901 and division (A)(5)(4) of section 3734.57 of 27169
the Revised Code.27170

       Sec. 1515.24.  (A) Following receipt of a certification made 27171
by the supervisors of a soil and water conservation district 27172
pursuant to section 1515.19 of the Revised Code together with 27173
receipt of all plans, specifications, and estimates submitted 27174
under that section and upon completion of a schedule of estimated 27175
assessments in accordance with section 1515.211 of the Revised 27176
Code, the board of county commissioners may adopt a resolution 27177
levying upon the property within the project area an assessment at 27178
a uniform or varied rate based upon the benefit to the area 27179
certified by the supervisors, as necessary to pay the cost of 27180
construction of the improvement not otherwise funded and to repay 27181
advances made for purposes of the improvement from the fund 27182
created by section 1515.15 of the Revised Code. The board of 27183
county commissioners shall direct the person or authority 27184
preparing assessments to give primary consideration, in 27185
determining a parcel's estimated assessments relating to the 27186
disposal of water, to the potential increase in productivity that 27187
the parcel may experience as a result of the improvement and also 27188
to give consideration to the amount of water disposed of, the 27189
location of the property relative to the project, the value of the 27190
project to the watershed, and benefits. The part of the assessment 27191
that is found to benefit state, county, or township roads or 27192
highways or municipal streets shall be assessed against the state, 27193
county, township, or municipal corporation, respectively, payable 27194
from motor vehicle revenues. The part of the assessment that is 27195
found to benefit property owned by any public corporation, any 27196
political subdivision of the state, or the state shall be assessed 27197
against the public corporation, the political subdivision, or the 27198
state and shall be paid out of the general funds or motor vehicle 27199
revenues of the public corporation, the political subdivision of 27200
the state, or the state, except as otherwise provided by law.27201

       (B) The assessment shall be certified to the county auditor 27202
and by the county auditor to the county treasurer. The collection 27203
of the assessment shall conform in all matters to Chapter 323. of 27204
the Revised Code.27205

       (C) Any land owned and managed by the department of natural 27206
resources for wildlife, recreation, nature preserve, or forestry 27207
purposes is exempt from assessments if the director of natural 27208
resources determines that the land derives no benefit from the 27209
improvement. In making such a determination, the director shall 27210
consider the purposes for which the land is owned and managed and 27211
any relevant articles of dedication or existing management plans 27212
for the land. If the director determines that the land derives no 27213
benefit from the improvement, the director shall notify the board 27214
of county commissioners, within thirty days after receiving the 27215
assessment notification required by this section, indicating that 27216
the director has determined that the land is to be exempt and 27217
explaining the specific reason for making this determination. The 27218
board of county commissioners, within thirty days after receiving 27219
the director's exemption notification, may appeal the 27220
determination to the court of common pleas. If the court of common 27221
pleas finds in favor of the board of county commissioners, the 27222
department of natural resources shall pay all court costs and 27223
legal fees.27224

       (D)(1) The board shall give notice by first class mail to 27225
every public and private property owner whose property is subject 27226
to assessment, at the tax mailing or other known address of the 27227
owner. The notice shall contain a statement of the amount to be 27228
assessed against the property of the addressee, a description of 27229
the method used to determine the necessity for and the amount of 27230
the proposed assessment, a description of any easement on the 27231
property that is necessary for purposes of the improvement, and a 27232
statement that the addressee may file an objection in writing at 27233
the office of the board of county commissioners within thirty days 27234
after the mailing of notice. If the residence of any owner cannot 27235
be ascertained, or if any mailed notice is returned undelivered, 27236
the board shall publish the notice to all such owners in a 27237
newspaper of general circulation within the project area, at least27238
once each week for three weeks, whichor as provided in section 27239
7.16 of the Revised Code. The notice shall include the information 27240
contained in the mailed notice, but shall state that the owner may 27241
file an objection in writing at the office of the board of county 27242
commissioners within thirty days after the last publication of the 27243
notice.27244

       (2) Upon receipt of objections as provided in this section, 27245
the board shall proceed within thirty days to hold a final hearing 27246
on the objections by fixing a date and giving notice by first 27247
class mail to the objectors at the address provided in filing the 27248
objection. If any mailed notice is returned undelivered, the board 27249
shall give due notice to the objectors in a newspaper of general 27250
circulation in the project area or as provided in section 7.16 of 27251
the Revised Code, stating the time, place, and purpose of the 27252
hearing. Upon hearing the objectors, the board may adopt a 27253
resolution amending and approving the final schedule of 27254
assessments and shall enter it in the journal.27255

       (3) Any owner whose objection is not allowed may appeal 27256
within thirty days to the court of common pleas of the county in 27257
which the property is located.27258

       (4) The board of county commissioners shall make an order 27259
approving the levying of the assessment and shall proceed under 27260
section 6131.23 of the Revised Code after one of the following has 27261
occurred, as applicable:27262

       (a) Final notice is provided by mail or publication.27263

       (b) The imposition of assessments is upheld in the final 27264
disposition of an appeal that is filed pursuant to division (D)(3) 27265
of this section.27266

       (c) The resolution levying the assessments is approved in a 27267
referendum that is held pursuant to section 305.31 of the Revised 27268
Code.27269

       (5) The county treasurer shall deposit the proceeds of the 27270
assessment in the fund designated by the board and shall report to 27271
the county auditor the amount of money from the assessment that is 27272
collected by the treasurer. Moneys shall be expended from the fund 27273
for purposes of the improvement.27274

       (E) Any moneys collected in excess of the amount needed for 27275
construction of the improvement and the subsequent first year's 27276
maintenance may be maintained in a fund to be used for maintenance 27277
of the improvement. In any year subsequent to a year in which an 27278
assessment for construction of an improvement levied under this 27279
section has been collected, and upon determination by the board of 27280
county commissioners that funds are not otherwise available for 27281
maintenance or repair of the improvement, the board shall levy on 27282
the property within the project area an assessment for maintenance 27283
at a uniform percentage of all construction costs based upon the 27284
assessment schedule used in determining the construction 27285
assessment. The assessment is not subject to the provisions 27286
concerning notice and petition contained in this section. An 27287
assessment for maintenance shall not be levied in any year in 27288
which the unencumbered balance of funds available for maintenance 27289
of the improvement exceeds twenty per cent of the cost of 27290
construction of the improvement, except that the board may adjust 27291
the level of assessment within the twenty per cent limitation, or 27292
suspend temporarily the levying of an assessment, for maintenance 27293
purposes as maintenance funds are needed.27294

       For the purpose of levying an assessment for maintenance of 27295
an improvement, a board may use the procedures established in 27296
Chapter 6137. of the Revised Code regarding maintenance of 27297
improvements as defined in section 6131.01 of the Revised Code in 27298
lieu of using the procedures established under this section.27299

       (F) The board of county commissioners may issue bonds and 27300
notes as authorized by section 131.23 or 133.17 of the Revised 27301
Code.27302

       Sec. 1517.02.  There is hereby created in the department of 27303
natural resources the division of natural areas and preserves, 27304
which shall be administered by the chief of the division of 27305
natural areas and preserves. The chief shall take an oath of 27306
office and shall file in the office of the secretary of state a 27307
bond signed by the chief and by a surety approved by the governor 27308
for a sum fixed pursuant to section 121.11 of the Revised Code.27309

       The chief shall administer a system of nature preserves. The 27310
chief shall establish a system of nature preserves through 27311
acquisition and dedication of natural areas of state or national 27312
significance, which shall include, but not be limited to, areas 27313
that represent characteristic examples of Ohio's natural landscape 27314
types and its natural vegetation and geological history. The chief 27315
shall encourage landowners to dedicate areas of unusual 27316
significance as nature preserves, and shall establish and maintain 27317
a registry of natural areas of unusual significance.27318

       The chief may participate in watershed planning activities 27319
with other states or federal agencies.27320

       The chief shall do the following:27321

       (A) Formulate policies and plans for the acquisition, use, 27322
management, and protection of nature preserves;27323

       (B) Formulate policies for the selection of areas suitable 27324
for registration;27325

       (C) Formulate policies for the dedication of areas as nature 27326
preserves;27327

       (D) Prepare and maintain surveys and inventories of natural 27328
areas, rare and endangered species of plants and animals, and 27329
other unique natural features. The information shall be stored27330
entered in the Ohio natural heritage database, established 27331
pursuant to this division, and may be made available to any 27332
individual or private or public agency for research, educational, 27333
environmental, land management, or other similar purposes that are 27334
not detrimental to the conservation of a species or feature. 27335
Information regarding sensitive site locations of species that are 27336
listed pursuant to section 1518.01 of the Revised Code and of 27337
unique natural features that are included in the Ohio natural 27338
heritage database is not subject to section 149.43 of the Revised 27339
Code if the chief determines that the release of the information 27340
could be detrimental to the conservation of a species or unique 27341
natural featureunder section 1531.04 of the Revised Code.27342

       (E) Adopt rules for the use, visitation, and protection of 27343
nature preserves and natural areas owned or managed through 27344
easement, license, or lease by the department and administered by 27345
the division in accordance with Chapter 119. of the Revised Code;27346

       (F) Provide facilities and improvements within the state 27347
system of nature preserves that are necessary for their 27348
visitation, use, restoration, and protection and do not impair 27349
their natural character;27350

       (G) Provide interpretive programs and publish and disseminate 27351
information pertaining to nature preserves and natural areas for 27352
their visitation and use;27353

       (H) Conduct and grant permits to qualified persons for the 27354
conduct of scientific research and investigations within nature 27355
preserves;27356

       (I) Establish an appropriate system for marking nature 27357
preserves;27358

       (J) Publish and submit to the governor and the general 27359
assembly a biennial report of the status and condition of each 27360
nature preserve, activities conducted within each preserve, and 27361
plans and recommendations for natural area preservation.27362

       Sec. 1531.04.  The division of wildlife, at the direction of 27363
the chief of the division, shall do all of the following:27364

       (A) Plan, develop, and institute programs and policies based 27365
on the best available information, including biological 27366
information derived from professionally accepted practices in 27367
wildlife and fisheries management, with the approval of the 27368
director of natural resources;27369

       (B) Have and take the general care, protection, and 27370
supervision of the wildlife in the state parks known as Lake St. 27371
Marys, The Portage Lakes, Lake Loramie, Indian Lake, Buckeye Lake, 27372
Guilford Lake, such part of Pymatuning reservoir as lies in this 27373
state, and all other state parks and lands owned by the state or 27374
in which it is interested or may acquire or become interested, 27375
except lands and lakes the care and supervision of which are 27376
vested in some other officer, body, board, association, or 27377
organization;27378

       (C) Enforce by proper legal action or proceeding the laws of 27379
the state and division rules for the protection, preservation, 27380
propagation, and management of wild animals and sanctuaries and 27381
refuges for the propagation of those wild animals, and adopt and 27382
carry into effect such measures as it considers necessary in the 27383
performance of its duties;27384

       (D) Promote, educate, and inform the citizens of the state 27385
about conservation and the values of fishing, hunting, and 27386
trapping, with the approval of the director;27387

       (E) Prepare and maintain surveys and inventories of rare and 27388
endangered species of plants and animals and other unique natural 27389
features. The information shall be stored in the Ohio natural 27390
heritage database, established pursuant to this division, and may 27391
be made available to any individual or private or public agency 27392
for research, educational, environmental, land management, or 27393
other similar purposes that are not detrimental to the 27394
conservation of a species or feature. Information regarding 27395
sensitive site locations of species that are listed pursuant to 27396
section 1518.01 of the Revised Code and of unique natural features 27397
that are included in the Ohio natural heritage database is not 27398
subject to section 149.43 of the Revised Code if the chief 27399
determines that the release of the information could be 27400
detrimental to the conservation of a species or unique natural 27401
feature.27402

       Sec. 1541.03.  All lands and waters dedicated and set apart 27403
for state park purposes shall be under the control and management 27404
of the division of parks and recreation, which shall protect, 27405
maintain, and keep them in repair. The division shall have the 27406
following powers over all such lands and waters:27407

       (A) To make alterations and improvements;27408

       (B) To construct and maintain dikes, wharves, landings, 27409
docks, dams, and other works;27410

       (C) To construct and maintain roads and drives in, around, 27411
upon, and to the lands and waters to make them conveniently 27412
accessible and useful to the public;27413

       (D) Except as otherwise provided in this section, to adopt, 27414
amend, and rescind, in accordance with Chapter 119. of the Revised 27415
Code, rules necessary for the proper management of state parks, 27416
bodies of water, and the lands adjacent to them under its 27417
jurisdiction and control, including the following:27418

       (1) Governing opening and closing times and dates of the 27419
parks;27420

       (2) Establishing fees and charges for use of facilities in 27421
state parks;27422

       (3) Governing camps, camping, and fees for camps and camping;27423

       (4) Governing the application for and rental of, rental fees 27424
for, and the use of cottages;27425

       (5) Relating to public use of state park lands, and governing 27426
the operation of motor vehicles, including speeds, and parking on 27427
those lands;27428

       (6) Governing all advertising within state parks and the 27429
requirements for the operation of places selling tangible personal 27430
property and control of food service sales on lands and waters 27431
under the control of the division, which rules shall establish 27432
uniform requirements;27433

       (7) Providing uniform standards relating to the size, type, 27434
location, construction, and maintenance of structures and devices 27435
used for fishing or moorage of watercraft, rowboats, sailboats, 27436
and powercraft, as those terms are defined in section 1547.01 of 27437
the Revised Code, over waters under the control of the division 27438
and establishing reasonable fees for the construction of and 27439
annual use permits for those structures and devices;27440

       (8) Governing state beaches, swimming, inflatable devices, 27441
and fees for them;27442

       (9) Governing the removal and disposition of any watercraft, 27443
rowboat, sailboat, or powercraft, as those terms are defined in 27444
section 1547.01 of the Revised Code, left unattended for more than 27445
seven days on any lands or waters under the control of the 27446
division;27447

       (10) Governing the establishment and collection of check 27448
collection charges for checks that are returned to the division or 27449
dishonored for any reason.27450

       (E) To coordinate and plan trails in accordance with section 27451
1519.03 of the Revised Code;27452

       (F) To cooperate with the United States and agencies of it 27453
and with political subdivisions in administering federal 27454
recreation moneys under the "Land and Water Conservation Fund Act 27455
of 1965," 78 Stat. 897, 16 U.S.C. 4601-8, as amended; prepare and 27456
distribute the statewide comprehensive outdoor recreation plan; 27457
and administer the state recreational vehicle fund created in 27458
section 4519.11 of the Revised Code;27459

       (G) To administer any state or federally funded grant program 27460
that is related to natural resources and recreation as considered 27461
necessary by the director of natural resources;27462

       (H) To assist the department of natural resources and its 27463
divisions by providing department-wide planning, capital 27464
improvements planning, and special purpose planning.27465

       With the approval of the director, the chief of the division 27466
of parks and recreation may enter into contracts or agreements 27467
with any agency of the United States government, any other public 27468
agency, or any private entity or organization for the performance 27469
of the duties of the division.27470

       The chief may sell, lease, or transfer minerals or mineral 27471
rights, with the approval of the director of natural resources, 27472
when the chief and the director determine it to be in the best 27473
interest of the state. Upon approval of the director, the chief 27474
may make, execute, and deliver contracts, including leases, to 27475
drill for oil and natural gas on and under lands owned by the 27476
state and administered by the division to any person who complies 27477
with the terms of such a contract. No such contract shall be valid 27478
for more than fifty years from its effective date. Consideration 27479
for minerals and mineral rights shall be by rental or royalty 27480
basis as prescribed by the chief and payable as prescribed by 27481
contract. Money collected from rentals shall be paid into the 27482
state treasury to the credit of the state park fund created in 27483
section 1541.22 of the Revised Code. Money collected from 27484
royalties shall be paid into the parks mineral royalties trust 27485
fund created in section 1541.25 of the Revised Code.27486

       The division shall adopt rules under this section 27487
establishing a discount program for all persons who are issued a 27488
golden buckeye card under section 173.06 of the Revised Code. The 27489
discount program shall provide a discount for all park services 27490
and rentals, but shall not provide a discount for the purchase of 27491
merchandise.27492

       The division shall not adopt rules establishing fees or 27493
charges for parking a motor vehicle in a state park or for 27494
admission to a state park.27495

       Every resident of this state with a disability that has been 27496
determined by the veterans administration to be permanently and 27497
totally disabling, who receives a pension or compensation from the 27498
veterans administration, and who received an honorable discharge 27499
from the armed forces of the United States, and every veteran to 27500
whom the registrar of motor vehicles has issued a set of license 27501
plates under section 4503.41 of the Revised Code, shall be exempt 27502
from the fees for camping, provided that the resident or veteran 27503
carries in the state park such evidence of the resident's or 27504
veteran's disability as the chief prescribes by rule.27505

        Unless otherwise provided by division rule, every resident of 27506
this state who is sixty-five years of age or older or who is 27507
permanently and totally disabled and who furnishes evidence of 27508
that age or disability in a manner prescribed by division rule 27509
shall be charged one-half of the regular fee for camping, except 27510
on the weekends and holidays designated by the division, and shall 27511
not be charged more than ninety per cent of the regular charges 27512
for state recreational facilities, equipment, services, and food 27513
service operations utilized by the person at any time of year, 27514
whether maintained or operated by the state or leased for 27515
operation by another entity.27516

       As used in this section, "food service operations" means 27517
restaurants that are owned by the department of natural resources 27518
at Hocking Hills, Lake Hope, Malabar Farm, and Rocky Fork state 27519
parks or are part of a state park lodge. "Food service operations" 27520
does not include automatic vending machines, concession stands, or 27521
snack bars.27522

       As used in this section, "prisoner of war" means any 27523
regularly appointed, enrolled, enlisted, or inducted member of the 27524
military forces of the United States who was captured, separated, 27525
and incarcerated by an enemy of the United States. Any person who 27526
has been a prisoner of war, was honorably discharged from the 27527
military forces, and is a resident of this state is exempt from 27528
the fees for camping. To claim this exemption, the person shall 27529
present written evidence in the form of a record of separation, a 27530
letter from one of the military forces of the United States, or 27531
such other evidence as the chief prescribes by rule that satisfies 27532
the eligibility criteria established by this section.27533

       Sec. 1541.05.  (A) The chief of the division of parks and 27534
recreation, with the approval of the director of natural 27535
resources, may dispose of any of the following by sale, donation, 27536
trade, trade-in, recycling, or any other lawful means, in a manner 27537
that will benefit the division:27538

       (1) Standing timber that as a result of wind, storm, 27539
pestilence, or any other natural occurrence may present a hazard 27540
to life or property, timber that has weakened or fallen on lands 27541
under the control and management of the division, or any timber or 27542
other forest products that requiresrequire management to improve 27543
wildlife habitat, protect against wildfires, provide access to 27544
recreational facilities, implement sustainable forestry practices,27545
or improve the safety, quality, or appearance of any state park 27546
area;27547

       (2) Spoils of a dredging operation conducted by the division 27548
in waters under the control and management of the division. Prior 27549
to the disposition of any spoils under this division, the chief 27550
shall notify the director of environmental protection of the 27551
chief's intent so that the director may determine if the spoils 27552
constitute solid wastes or hazardous waste, as those terms are 27553
defined in section 3734.01 of the Revised Code, that must be 27554
disposed of in accordance with Chapter 3734. of the Revised Code. 27555
If the director does not notify the chief within thirty days after 27556
receiving notice of the disposition that the spoils must be 27557
disposed of in accordance with Chapter 3734. of the Revised Code, 27558
the chief may proceed with the disposition.27559

       (3) Notwithstanding sections 125.12 to 125.14 of the Revised 27560
Code, excess supplies and surplus supplies, as those terms are 27561
defined in section 125.12 of the Revised Code;27562

       (4) Agricultural products that are grown or raised by the 27563
division. As used in this division, "agricultural products" 27564
includes products of apiculture, animal husbandry, or poultry 27565
husbandry, field crops, fruits, and vegetables.27566

       (5) Abandoned personal property, including golf balls that 27567
are found on property under the control and management of the 27568
division.27569

       (B) In accordance with Chapter 119. of the Revised Code, the 27570
chief shall adopt, and may amend and rescind, such rules as are 27571
necessary to administer this section.27572

       (C) ProceedsExcept as provided in division (D) of this 27573
section, proceeds from the disposition of items under this section 27574
shall be deposited in the state treasury to the credit of the 27575
state park fund created in section 1541.22 of the Revised Code.27576

       (D) The chief of the division of parks and recreation may 27577
enter into a memorandum of understanding with the chief of the 27578
division of forestry to allow the division of forestry to 27579
administer the sale of timber and forest products on lands that 27580
are owned or controlled by the division of parks and recreation. 27581
Proceeds from the sale of timber or forest products pursuant to 27582
the memorandum of understanding shall be apportioned as follows: 27583

       (1) Seventy-five per cent of the proceeds shall be deposited 27584
in the state treasury to the credit of the state park fund. 27585

       (2) Twenty-five per cent of the proceeds shall be deposited 27586
in the state treasury to the credit of the state forest fund 27587
created in section 1503.05 of the Revised Code. 27588

       Sec. 1541.25. There is hereby created the parks mineral 27589
royalties trust fund, which shall be in the custody of the 27590
treasurer of state and shall not be a part of the state treasury. 27591
The fund shall consist of royalties paid to the division of parks 27592
and recreation pursuant to the sale, lease, or transfer of 27593
minerals or mineral rights as provided in section 1541.03 of the 27594
Revised Code. Money in the fund shall be used by the division to 27595
facilitate capital improvements, maintenance, repairs, and 27596
renovations on properties that are owned by the state and 27597
administered by the division.27598

       Investment earnings of the fund shall be credited to the 27599
parks mineral royalties fund created in section 1541.26 of the 27600
Revised Code. Quarterly each fiscal year, the investment earnings 27601
of the parks mineral royalties trust fund shall be transferred to 27602
the parks mineral royalties fund.27603

       Upon the request of the director of natural resources, the 27604
director of budget and management annually may transfer an amount 27605
not to exceed ten per cent of the principal of the parks mineral 27606
royalties trust fund to the parks mineral royalties fund.27607

       Sec. 1541.26. There is hereby created in the state treasury 27608
the parks mineral royalties fund. The fund shall consist of all 27609
investment earnings of the parks mineral royalties trust fund 27610
created in section 1541.25 of the Revised Code and any principal 27611
transferred from the trust fund as authorized by that section.27612

       Money in the parks mineral royalties fund shall be used by 27613
the division of parks and recreation to facilitate capital 27614
improvements, maintenance, repairs, and renovations on properties 27615
that are owned by the state and administered by the division. All 27616
expenditures from the fund shall be approved by the director of 27617
natural resources. 27618

       Sec. 1545.09. (A) The board of park commissioners shall adopt 27619
such bylaws and rules as the board considers advisable for the 27620
preservation of good order within and adjacent to parks and 27621
reservations of land, and for the protection and preservation of 27622
the parks, parkways, and other reservations of land under its 27623
jurisdiction and control and of property and natural life therein. 27624
The board shall also adopt bylaws or rules establishing a 27625
procedure for contracting for professional, technical, consulting, 27626
and other special services. Any competitive bidding procedures of 27627
the board do not apply to the purchase of benefits for park 27628
district officers or employees when such benefits are provided 27629
through a health and welfare trust fund administered through or in 27630
conjunction with a collective bargaining representative of the 27631
park district employees, as authorized in section 1545.071 of the 27632
Revised Code. TheSummaries of the bylaws and rules shall be 27633
published as provided in the case of ordinances of municipal 27634
corporations under section 731.21 of the Revised Code before 27635
taking effect.27636

       (B)(1) As used in division (B)(2) of this section, "similar 27637
violation under state law" means a violation of any section of the 27638
Revised Code, other than division (C) of this section, that is 27639
similar to a violation of a bylaw or rule adopted under division 27640
(A) of this section.27641

       (2) The board of park commissioners may adopt by bylaw a 27642
penalty for a violation of any bylaw or rule adopted under 27643
division (A) of this section, and any penalty so adopted shall not 27644
exceed in severity whichever of the following is applicable:27645

       (a) The penalty designated under the Revised Code for a 27646
violation of the state law that is similar to the bylaw or rule 27647
for which the board adopted the penalty;27648

       (b) For a violation of a bylaw or rule adopted under division 27649
(A) of this section for which the similar violation under state 27650
law does not bear a penalty or for which there is no similar 27651
violation under state law, a fine of not more than one hundred 27652
fifty dollars for a first offense and not more than one thousand 27653
dollars for each subsequent offense.27654

       (3) AnyA summary of any bylaw adopted under division (B)(2) 27655
of this section shall be published as provided in the case of 27656
ordinances of municipal corporations under section 731.21 of the 27657
Revised Code before taking effect.27658

       (C) No person shall violate any bylaws or rules adopted under 27659
division (A) of this section. All fines collected for any 27660
violation of this section shall be paid into the treasury of such 27661
park board.27662

       Sec. 1545.12.  (A) Except as provided in division (B) of this 27663
section, if the board of park commissioners finds that any lands 27664
that it has acquired are not necessary for the purposes for which 27665
they were acquired by the board, it may sell and dispose of the 27666
lands upon terms the board considers advisable. The board also may 27667
lease or permit the use of any lands for purposes not inconsistent 27668
with the purposes for which the lands were acquired, and upon 27669
terms the board considers advisable. No lands shall be sold 27670
pursuant to this division without first giving notice of the 27671
board's intention to sell the lands by publication once a week for 27672
four consecutive weeks in not less than two English newspapersa 27673
newspaper of general circulation in the district or as provided in 27674
section 7.16 of the Revised Code. The notice shall contain an 27675
accurate description of the lands and shall state the time and 27676
place at which sealed bids will be received for the purchase of 27677
the lands, and the lands shall not thereafter be sold at private 27678
sale for less than the best and highest bid received without 27679
giving further notice as specified in this division.27680

       (B)(1) After compliance with division (B)(2) of this section, 27681
the board of park commissioners may sell land upon terms the board 27682
considers advisable to any park district established under section 27683
511.18 or Chapter 1545. of the Revised Code, any political 27684
subdivision of the state, the state or any department or agency of 27685
the state, or any department or agency of the federal government 27686
for conservation uses or for park or recreation purposes without 27687
the necessity of having to comply with division (A) of this 27688
section.27689

       (2) Before the board of park commissioners may sell land 27690
under division (B)(1) of this section, the board shall offer the 27691
land for sale to each of the following public agencies that is 27692
authorized to acquire, develop, and maintain land for conservation 27693
uses or for park or recreation purposes: each park district 27694
established under section 511.18 or Chapter 1545. of the Revised 27695
Code or political subdivision in which the land is located, each 27696
park district that is so established and that adjoins or each 27697
political subdivision that adjoins a park district so established 27698
or political subdivision in which the land is located, and each 27699
agency or department of the state or of the federal government 27700
that operates parks or conservation or recreation areas near the 27701
land. The board shall make the offer by giving a written notice 27702
that the land is available for sale, by first class mail, to these 27703
public agencies. A failure of delivery of the written notice to 27704
any of these public agencies does not invalidate any proceedings 27705
for the sale of land under this division. Any public agency that 27706
is so notified and that wishes to purchase the land shall make an 27707
offer to the board in writing not later than sixty days after 27708
receiving the written notice.27709

       If there is only one offer to purchase the land made in that 27710
sixty-day period, the board need not hold a public hearing on the 27711
offer. The board shall accept the offer only if it determines that 27712
acceptance of the offer will result in the best public use of the 27713
land.27714

       If there is more than one offer to purchase the land made in 27715
that sixty-day period, the board shall not accept any offer until 27716
the board holds a public hearing on the offers. If, after the 27717
hearing, the board decides to accept an offer, it shall accept the 27718
offer that it determines will result in the best public use of the 27719
land.27720

       (C) No lands shall be sold under this section at either 27721
public or private sale without the approval of the probate court 27722
of the county in which the lands are situated.27723

       Sec. 1547.302.  (A) Unclaimed vessels or outboard motors 27724
ordered into storage under division (B) of section 1547.30 or 27725
section 1547.301 of the Revised Code shall be disposed of at the 27726
order of the sheriff of the county, the chief of police of the 27727
municipal corporation, township, or township police district, or 27728
another chief of a law enforcement agency in any of the following 27729
ways:27730

       (1) To a marine salvage dealer;27731

       (2) To any other facility owned, operated, or under contract 27732
with the state or the county, municipal corporation, township, or 27733
other political subdivision;27734

       (3) To a charitable organization, religious organization, or 27735
similar organization not used and operated for profit;27736

       (4) By sale at public auction by the sheriff, the chief, or 27737
an auctioneer licensed under Chapter 4707. of the Revised Code, 27738
after giving notice of the auction by advertisement, published 27739
once a week for two consecutive weeks in a newspaper of general 27740
circulation in the county or as provided in section 7.16 of the 27741
Revised Code. 27742

       (B) Any moneys accruing from the disposition of an unclaimed 27743
vessel or motor that are in excess of the expenses resulting from 27744
the removal and storage of the vessel or motor shall be credited 27745
to the general revenue fund or to the general fund of the county, 27746
municipal corporation, township, or other political subdivision, 27747
as appropriate.27748

       (C) As used in this section, "charitable organization" has 27749
the same meaning as in section 1716.01 of the Revised Code.27750

       Sec. 1551.311.  The general assembly hereby finds and 27751
declares that the future of the Ohio coal industry lies in the 27752
development of clean coal technology and that the disproportionate 27753
economic impact on the state under Title IV of the "Clean Air Act 27754
Amendments of 1990," 104 Stat. 2584, 42 U.S.C.A. 7651, warrants 27755
maximum federal assistance to this state for such development. It 27756
is therefore imperative that the Ohio air qualitydepartment of27757
development authority created under Chapter 3706. of the Revised 27758
Code, its Ohio coal development office, the Ohio coal industry, 27759
the Ohio Washington office in the office of the governor, and the 27760
state's congressional delegation make every effort to acquire any 27761
federal assistance available for the development of clean coal 27762
technology, including assisting entities eligible for grants in 27763
their acquisition. The Ohio coal development agenda required by 27764
section 1551.34 of the Revised Code shall include, in addition to 27765
the other information required by that section, a description of 27766
such efforts and a description of the current status of the 27767
development of clean coal technology in this state and elsewhere.27768

       Sec. 1551.32.  (A) There is hereby established within the 27769
Ohio air qualitydepartment of development authority the Ohio coal 27770
development office whose purposes are to do all of the following:27771

       (1) Encourage, promote, and support siting, financing, 27772
construction, and operation of commercially available or scaled 27773
facilities and technologies, including, without limitation, 27774
commercial-scale demonstration facilities and, when necessary or 27775
appropriate to demonstrate the commercial acceptability of a 27776
specific technology, up to three installations within this state 27777
utilizing the specific technology, to more efficiently produce, 27778
beneficiate, market, or use Ohio coal;27779

       (2) Encourage, promote, and support the market acceptance and 27780
increased market use of Ohio coal through technology and market 27781
development;27782

       (3) Assist in the financing of coal development facilities;27783

       (4) Encourage, promote, and support, in state-owned 27784
buildings, facilities, and operations, use of Ohio coal and 27785
electricity sold by utilities and others in this state that use 27786
Ohio coal for generation;27787

       (5) Improve environmental quality, particularly through 27788
cleaner use of Ohio coal;27789

       (6) Assist and cooperate with governmental agencies, 27790
universities and colleges, coal producers, coal miners, electric 27791
utilities and other coal users, public and private sector coal 27792
development interests, and others in achieving these purposes.27793

       (B) The office shall give priority to improvement or 27794
reconstruction of existing facilities and equipment when 27795
economically feasible, to construction and operation of 27796
commercial-scale facilities, and to technologies, equipment, and 27797
other techniques that enable maximum use of Ohio coal in an 27798
environmentally acceptable, cost-effective manner.27799

       Sec. 1551.33.  (A) The Ohio air qualitydirector of27800
development authority, by the affirmative vote of a majority of 27801
its members, shall appoint and fix the compensation of the 27802
director of the Ohio coal development office. The director shall 27803
serve at the pleasure of the authoritydirector of development.27804

       (B) The director of the office shall do all of the following:27805

       (1) Biennially prepare and maintain the Ohio coal development 27806
agenda required under section 1551.34 of the Revised Code;27807

       (2) Propose and support policies for the office consistent 27808
with the Ohio coal development agenda and develop means to 27809
implement the agenda;27810

       (3) Initiate, undertake, and support projects to carry out 27811
the office's purposes and ensure that the projects are consistent 27812
with and meet the selection criteria established by the Ohio coal 27813
development agenda;27814

       (4) Actively encourage joint participation in and, when 27815
feasible, joint funding of the office's projects with governmental 27816
agencies, electric utilities, universities and colleges, other 27817
public or private interests, or any other person;27818

       (5) Establish a table of organization for and employ such 27819
employees and agents as are necessary for the administration and 27820
operation of the office. Any such employees shall be in the 27821
unclassified service and shall serve at the pleasure of the 27822
authoritydirector of development.27823

       (6) Appoint specified members of and convene the technical 27824
advisory committee established under section 1551.35 of the 27825
Revised Code;27826

       (7) Review, with the assistance of the technical advisory 27827
committee, proposed coal research and development projects as 27828
defined in section 1555.01 of the Revised Code, and coal 27829
development projects, submitted to the office by public utilities 27830
for the purpose of section 4905.304 of the Revised Code. If the 27831
director and the advisory committee determine that any such 27832
facility or project has as its purpose the enhanced use of Ohio 27833
coal in an environmentally acceptable, cost effective manner, 27834
promotes energy conservation, is cost effective, and is 27835
environmentally sound, the director shall submit to the public 27836
utilities commission a report recommending that the commission 27837
allow the recovery of costs associated with the facility or 27838
project under section 4905.304 of the Revised Code and including 27839
the reasons for the recommendation.27840

       (8) Establish such policies, procedures, and guidelines as 27841
are necessary to achieve the office's purposes.27842

       (C) By the affirmative vote of a majority of the members of 27843
the Ohio air quality development authority, theThe director of 27844
the office may exercise any of the powers and duties of the 27845
director of development as the authority andthat the director of 27846
the office considerconsiders appropriate or desirable to achieve 27847
the office's purposes, including, but not limited to, the powers 27848
and duties enumerated in sections 1551.11, 1551.12, 1551.13, and 27849
1551.15 of the Revised Code.27850

       Additionally, the director of the office may make loans to 27851
governmental agencies or persons for projects to carry out the 27852
office's purposes. Fees, charges, rates of interest, times of 27853
payment of interest and principal, and other terms, conditions, 27854
and provisions of the loans shall be such as the director of the 27855
office determines to be appropriate and in furtherance of the 27856
purposes for which the loans are made. The mortgage lien securing 27857
any moneys lent by the director of the office may be subordinate 27858
to the mortgage lien securing any moneys lent or invested by a 27859
financial institution, but shall be superior to that securing any 27860
moneys lent or expended by any other person. The moneys used in 27861
making the loans shall be disbursed upon order of the director of 27862
the office.27863

       Sec. 1551.35.  (A) There is hereby established a technical 27864
advisory committee to assist the director of the Ohio coal 27865
development office in achieving the office's purposes. The 27866
director shall appoint to the committee one member of the public 27867
utilities commission and one representative each of coal 27868
production companies, the united mine workers of America, electric 27869
utilities, manufacturers that use Ohio coal, and environmental 27870
organizations, as well as two people with a background in coal 27871
research and development technology, one of whom is employed at 27872
the time of the member's appointment by a state university, as 27873
defined in section 3345.011 of the Revised Code. In addition, the 27874
committee shall include four legislative members. The speaker and 27875
minority leader of the house of representatives each shall appoint 27876
one member of the house of representatives, and the president and 27877
minority leader of the senate each shall appoint one member of the 27878
senate, to the committee. The director of environmental protection 27879
and the director of development shall serve on the committee as an27880
ex officio membersmember. Any member of the committee may 27881
designate in writing a substitute to serve in the member's absence 27882
on the committee. The director of environmental protection may 27883
designate in writing the chief of the air pollution control 27884
division of the agency to represent the agency. Members shall 27885
serve on the committee at the pleasure of their appointing 27886
authority. Members of the committee appointed by the director of 27887
the office and, notwithstanding section 101.26 of the Revised 27888
Code, legislative members of the committee, when engaged in their 27889
official duties as members of the committee, shall be compensated 27890
on a per diem basis in accordance with division (J) of section 27891
124.15 of the Revised Code, except that the member of the public 27892
utilities commission and, while employed by a state university, 27893
the member with a background in coal research, shall not be so 27894
compensated. Members shall receive their actual and necessary 27895
expenses incurred in the performance of their duties.27896

       (B) The technical advisory committee shall review and make 27897
recommendations concerning the Ohio coal development agenda 27898
required under section 1551.34 of the Revised Code, project 27899
proposals, research and development projects submitted to the 27900
office by public utilities for the purpose of section 4905.304 of 27901
the Revised Code, proposals for grants, loans, and loan guarantees 27902
for purposes of sections 1555.01 to 1555.06 of the Revised Code, 27903
and such other topics as the director of the office considers 27904
appropriate.27905

       (C) The technical advisory committee may hold an executive 27906
session at any regular or special meeting for the purpose of 27907
considering research and development project proposals or 27908
applications for assistance submitted to the Ohio coal development 27909
office under section 1551.33, or sections 1555.01 to 1555.06, of 27910
the Revised Code, to the extent that the proposals or applications 27911
consist of trade secrets or other proprietary information.27912

       Any materials or data submitted to, made available to, or 27913
received by the Ohio air qualitydepartment of development 27914
authority or the director of the Ohio coal development office in 27915
connection with agreements for assistance entered into under this 27916
chapter or Chapter 1555. of the Revised Code, or any information 27917
taken from those materials or data for any purpose, to the extent 27918
that the materials or data consist of trade secrets or other 27919
proprietary information, are not public records for the purposes 27920
of section 149.43 of the Revised Code.27921

       As used in this division, "trade secrets" has the same 27922
meaning as in section 1333.61 of the Revised Code.27923

       Sec. 1555.02.  It is hereby declared to be the public policy 27924
of this state through the operations of the Ohio coal development 27925
office under this chapter to contribute toward one or more of the 27926
following: to provide for the comfort, health, safety, and general 27927
welfare of all employees and other inhabitants of this state 27928
through research and development directed toward the discovery of 27929
new technologies or the demonstration or application of existing 27930
technologies to enable the conversion or use of Ohio coal as a 27931
fuel or chemical feedstock in an environmentally acceptable manner 27932
thereby enhancing the marketability and fostering the use of this 27933
state's vast reserves of coal, to assist in the financing of coal 27934
research and development and coal research and development 27935
projects or facilities for persons doing business in this state 27936
and educational and scientific institutions located in this state, 27937
to create or preserve jobs and employment opportunities or improve 27938
the economic welfare of the people of this state, or to assist and 27939
cooperate with such persons and educational and scientific 27940
institutions in conducting coal research and development. In 27941
furtherance of this public policy, the Ohio coal development 27942
office, with the advice of the technical advisory committee 27943
created in section 1551.35 of the Revised Code and the affirmative 27944
vote of a majority of the members of the Ohio air quality 27945
development authority, may make loans, guarantee loans, and make 27946
grants to persons doing business in this state or to educational 27947
or scientific institutions located in this state for coal research 27948
and development projects by such persons or educational or 27949
scientific institutions; may, with the advice of the technical 27950
advisory committee and the affirmative vote of a majority of the 27951
members of the Ohio air quality development authority, request the 27952
issuance of coal research and development general obligations 27953
under section 151.07 of the Revised Code to provide funds for 27954
making such loans, loan guarantees, and grants; and may, with the 27955
advice of the technical advisory committee and the affirmative 27956
vote of a majority of the members of the Ohio air quality 27957
development authority, expend moneys credited to the coal research 27958
and development fund created in section 1555.15 of the Revised 27959
Code for the purpose of making such loans, loan guarantees, and 27960
grants. Determinations by the director of the Ohio coal 27961
development office that coal research and development or a coal 27962
research and development facility is a coal research and 27963
development project under this chapter and is consistent with the 27964
purposes of Section 15 of Article VIII, Ohio Constitution, and 27965
this chapter shall be conclusive as to the validity and 27966
enforceability of the coal research and development general 27967
obligations issued to finance such project and of the 27968
authorizations, trust agreements or indentures, loan agreements, 27969
loan guarantee agreements, or grant agreements, and other 27970
agreements made in connection therewith, all in accordance with 27971
their terms.27972

       Sec. 1555.03.  For the purposes of this chapter, the director 27973
of the Ohio coal development office may:27974

       (A) With the advice of the technical advisory committee 27975
created in section 1551.35 of the Revised Code and the affirmative 27976
vote of a majority of the members of the Ohio air quality 27977
development authority, make loans, guarantee loans, and make 27978
grants to persons doing business in this state or to educational 27979
or scientific institutions located in this state for coal research 27980
and development projects by any such person or educational or 27981
scientific institution and adopt rules under Chapter 119. of the 27982
Revised Code for making such loans, guarantees, and grants.27983

       (B) In making loans, loan guarantees, and grants under 27984
division (A) of this section and section 1555.04 of the Revised 27985
Code, the director of the office shall ensure that an adequate 27986
portion of the total amount of those loans, loan guarantees, and 27987
grants, as determined by the director with the advice of the 27988
technical advisory committee, is used for conducting research on 27989
fundamental scientific problems related to the utilization of Ohio 27990
coal and shall ensure, to the maximum feasible extent, joint 27991
financial participation by the federal government or other 27992
investors or interested parties in conjunction with any such loan, 27993
loan guarantee, or grant. The director, in each grant agreement or 27994
contract under division (A) of this section, loan contract or 27995
agreement under this division or section 1555.04 of the Revised 27996
Code, and contract of guarantee under section 1555.05 of the 27997
Revised Code, shall require that the facility or project be 27998
maintained and kept in good condition and repair by the person or 27999
educational or scientific institution to whom the grant or loan 28000
was made or for whom the guarantee was made.28001

       (C) From time to time, with the advice of the technical 28002
advisory committee and the affirmative vote of a majority of the 28003
members of the Ohio air quality development authority, request the 28004
issuance of coal research and development general obligations 28005
under section 151.07 of the Revised Code, for any of the purposes 28006
set forth in Section 15 of Article VIII, Ohio Constitution, and 28007
subject to the limitations therein upon the aggregate total amount 28008
of obligations that may be outstanding at any time.28009

       (D) Include as a condition of any loan, loan guarantee, or 28010
grant contract or agreement with any such person or educational or 28011
scientific institution that the director of the office receive, in 28012
addition to payments of principal and interest on any such loan or 28013
service charges for any such guarantee, as appropriate, as 28014
authorized by Section 15, Article VIII, Ohio Constitution, a 28015
reasonable royalty or portion of the income or profits arising out 28016
of the developments, discoveries, or inventions, including patents 28017
or copyrights, that result in whole or in part from coal research 28018
and development projects conducted under any such contract or 28019
agreement, in such amounts and for such period of years as may be 28020
negotiated and provided by the contract or agreement in advance of 28021
the making of the grant, loan, or loan guarantee. Moneys received 28022
by the director of the office under this section may be credited 28023
to the coal research and development bond service fund or used to 28024
make additional loans, loan guarantees, grants, or agreements 28025
under this section.28026

       (E) Employ managers, superintendents, and other employees and 28027
retain or contract with consulting engineers, financial 28028
consultants, accounting experts, architects, and such other 28029
consultants and independent contractors as are necessary in the 28030
judgment of the director of the office to carry out this chapter, 28031
and fix the compensation thereof.28032

       (F) Receive and accept from any federal agency, subject to 28033
the approval of the governor, grants for or in aid of the 28034
construction or operation of any coal research and development 28035
project or for coal research and development, and receive and 28036
accept aid or contributions from any source of money, property, 28037
labor, or other things of value, to be held, used, and applied 28038
only for the purposes for which such grants and contributions are 28039
made.28040

       (G) Purchase fire and extended coverage and liability 28041
insurance for any coal research and development project, insurance 28042
protecting the office and its officers and employees against 28043
liability for damage to property or injury to or death of persons 28044
arising from its operations, and any other insurance the director 28045
of the office determines necessary or proper under this chapter. 28046
Any moneys received by the director from the proceeds of any such 28047
insurance with respect to a coal research and development project 28048
and any moneys received by the director from the proceeds of any 28049
settlement, judgment, foreclosure, or other insurance with respect 28050
to a coal research and development project or facility shall be 28051
credited to the coal research and development bond service fund.28052

       (H) In the exercise of the powers of the director of the 28053
office under this chapter, call to the director's assistance, 28054
temporarily, from time to time, any engineers, technical experts, 28055
financial experts, and other employees in any state department, 28056
agency, or commission, or in the Ohio state university, or other 28057
educational institutions financed wholly or partially by this 28058
state for purposes of assisting the director of the office with 28059
reviewing and evaluating applications for financial assistance 28060
under this chapter, monitoring performance of coal research and 28061
development projects receiving financial assistance under this 28062
chapter, and reviewing and evaluating the progress and findings of 28063
those projects. Such engineers, experts, and employees shall not 28064
receive any additional compensation over that which they receive 28065
from the department, agency, commission, or educational 28066
institution by which they are employed, but they shall be 28067
reimbursed for their actual and necessary expenses incurred while 28068
working under the direction of the director.28069

       (I) Do all acts necessary or proper to carry out the powers 28070
expressly granted in this chapter.28071

       Sec. 1555.04.  (A) With respect to coal research and 28072
development projects financed wholly or partially from a loan or 28073
loan guarantee under this chapter, the director of the Ohio coal 28074
development office, in addition to other powers under this 28075
chapter, with the advice of the technical advisory committee 28076
created in section 1551.35 of the Revised Code and the affirmative 28077
vote of a majority of the members of the Ohio air quality 28078
development authority, may enter into loan agreements, accept 28079
notes and other forms of obligation to evidence such indebtedness 28080
and mortgages, liens, pledges, assignments, or other security 28081
interests to secure such indebtedness, which may be prior or 28082
subordinate to or on a parity with other indebtedness, 28083
obligations, mortgages, pledges, assignments, other security 28084
interests, or liens or encumbrances, and take such actions as the 28085
director of the office considers appropriate to protect such 28086
security and safeguard against losses, including, without 28087
limitation, foreclosure and the bidding upon and purchase of 28088
property upon foreclosure or other sale.28089

       (B) The authority granted by this section is cumulative and 28090
supplementary to all other authority granted in this chapter. The 28091
authority granted by this section does not alter or impair any 28092
similar authority granted elsewhere in this chapter with respect 28093
to other projects.28094

       Sec. 1555.05.  (A) Subject to any limitations as to aggregate 28095
amounts thereof that may from time to time be prescribed by the 28096
general assembly and to other applicable provisions of this 28097
chapter, and subject to the one-hundred-million-dollar limitation 28098
provided in Section 15 of Article VIII, Ohio Constitution, the 28099
director of the Ohio coal development office, on behalf of this 28100
state, with the advice of the technical advisory committee created 28101
in section 1551.35 of the Revised Code and the affirmative vote of 28102
a majority of the members of the Ohio air quality development 28103
authority, may enter into contracts to guarantee the repayment or 28104
payment of the unpaid principal amount of loans made to pay the 28105
costs of coal research and development projects.28106

       (B) The contract of guarantee may make provision for the 28107
conditions of, time for, and manner of fulfillment of the 28108
guarantee commitment, subrogation of this state to the rights of 28109
the parties guaranteed and exercise of such parties' rights by the 28110
state, giving the state the option of making payment of the 28111
principal amount guaranteed in one or more installments and, if 28112
deferred, to pay interest thereon from the source specified in 28113
division (A) of this section, and any other terms or conditions 28114
customary to such guarantees and as the director of the office may 28115
approve, and may contain provisions for securing the guarantee in 28116
the manner consistent with this section, covenants on behalf of 28117
this state to issue obligations under section 1555.08 of the 28118
Revised Code to provide moneys to fulfill such guarantees and 28119
covenants, and covenants restricting the aggregate amount of 28120
guarantees that may be contracted under this section and 28121
obligations that may be issued under section 151.07 of the Revised 28122
Code, and terms pertinent to either, to better secure the parties 28123
guaranteed.28124

       (C) The director of the office may fix service charges for 28125
making a guarantee. Such charges shall be payable at such times 28126
and place and in such amounts and manner as may be prescribed by 28127
the director. Moneys received from such charges shall be credited 28128
to the coal research and development bond service fund.28129

       (D) Any guaranteed parties under this section, by any 28130
suitable form of legal proceedings and except to the extent that 28131
their rights are restricted by the guarantee documents, may 28132
protect and enforce any rights under the laws of this state or 28133
granted by such guarantee or guarantee documents. Such rights 28134
include the right to compel the performance of all duties of the 28135
office required by this section or the guarantee or guarantee 28136
documents; and in the event of default with respect to the payment 28137
of any guarantees, to apply to a court having jurisdiction of the 28138
cause to appoint a receiver to receive and administer the moneys 28139
pledged to such guarantee with full power to pay, and to provide 28140
for payment of, such guarantee, and with such powers, subject to 28141
the direction of the court, as are accorded receivers in general 28142
equity cases, excluding any power to pledge or apply additional 28143
revenues or receipts or other income or moneys of this state. Each 28144
duty of the office and its director and employees required or 28145
undertaken under this section or a guarantee made under this 28146
section is hereby established as a duty of the office and of its 28147
director and each such employee having authority to perform such 28148
duty, specifically enjoined by the law resulting from an office, 28149
trust, or station within the meaning of section 2731.01 of the 28150
Revised Code. The persons who are at the time the director of the 28151
office, or its employees, are not liable in their personal 28152
capacities on any guarantees or contracts to make guarantees by 28153
the director.28154

       Sec. 1555.06.  Upon application by the director of the Ohio 28155
coal development office with the affirmative vote of a majority of 28156
the members of the Ohio air quality development authority, the 28157
controlling board, from appropriations available to the board, may 28158
provide funds for surveys or studies by the office of any proposed 28159
coal research and development project subject to repayment by the 28160
office from funds available to it, within the time fixed by the 28161
board. Funds to be repaid shall be charged by the office to the 28162
appropriate coal research and development project and the amount 28163
thereof shall be a cost of the project. This section does not 28164
abrogate the authority of the controlling board to otherwise 28165
provide funds for use by the office in the exercise of the powers 28166
granted to it by this chapter.28167

       Sec. 1555.08.  (A) Subject to the limitations provided in 28168
Section 15 of Article VIII, Ohio Constitution, the commissioners 28169
of the sinking fund, upon certification by the director of the 28170
Ohio coal development office of the amount of moneys or additional 28171
moneys needed in the coal research and development fund for the 28172
purpose of making grants or loans for allowable costs, or needed 28173
for capitalized interest, for funding reserves, and for paying 28174
costs and expenses incurred in connection with the issuance, 28175
carrying, securing, paying, redeeming, or retirement of the 28176
obligations or any obligations refunded thereby, including payment 28177
of costs and expenses relating to letters of credit, lines of 28178
credit, insurance, put agreements, standby purchase agreements, 28179
indexing, marketing, remarketing and administrative arrangements, 28180
interest swap or hedging agreements, and any other credit 28181
enhancement, liquidity, remarketing, renewal, or refunding 28182
arrangements, all of which are authorized by this section, or 28183
providing moneys for loan guarantees, shall issue obligations of 28184
the state under this section in amounts authorized by the general 28185
assembly; provided that such obligations may be issued to the 28186
extent necessary to satisfy the covenants in contracts of 28187
guarantee made under section 1555.05 of the Revised Code to issue 28188
obligations to meet such guarantees, notwithstanding limitations 28189
otherwise applicable to the issuance of obligations under this 28190
section except the one-hundred-million-dollar limitation provided 28191
in Section 15 of Article VIII, Ohio Constitution. The proceeds of 28192
such obligations, except for the portion to be deposited in the 28193
coal research and development bond service fund as may be provided 28194
in the bond proceedings, shall as provided in the bond proceedings 28195
be deposited in the coal research and development fund. The 28196
commissioners of the sinking fund may appoint trustees, paying 28197
agents, and transfer agents and may retain the services of 28198
financial advisors, accounting experts, and attorneys, and retain 28199
or contract for the services of marketing, remarketing, indexing, 28200
and administrative agents, other consultants, and independent 28201
contractors, including printing services, as are necessary in 28202
their judgment to carry out this section.28203

       (B) The full faith and credit of the state of Ohio is hereby 28204
pledged to obligations issued under this section. The right of the 28205
holders and owners to payment of bond service charges is limited 28206
to all or that portion of the moneys pledged thereto pursuant to 28207
the bond proceedings in accordance with this section, and each 28208
such obligation shall bear on its face a statement to that effect.28209

       (C) Obligations shall be authorized by resolution of the 28210
commissioners of the sinking fund on request of the director of 28211
the Ohio coal development office as provided in section 1555.02 of 28212
the Revised Code and the bond proceedings shall provide for the 28213
purpose thereof and the principal amount or amounts, and shall 28214
provide for or authorize the manner or agency for determining the 28215
principal maturity or maturities, not exceeding forty years from 28216
the date of issuance, the interest rate or rates or the maximum 28217
interest rate, the date of the obligations and the dates of 28218
payment of interest thereon, their denomination, and the 28219
establishment within or without the state of a place or places of 28220
payment of bond service charges. Sections 9.98 to 9.983 of the 28221
Revised Code apply to obligations issued under this section. The 28222
purpose of such obligations may be stated in the bond proceedings 28223
in terms describing the general purpose or purposes to be served. 28224
The bond proceedings shall also provide, subject to the provisions 28225
of any other applicable bond proceedings, for the pledge of all, 28226
or such part as the commissioners of the sinking fund may 28227
determine, of the moneys credited to the coal research and 28228
development bond service fund to the payment of bond service 28229
charges, which pledges may be made either prior or subordinate to 28230
other expenses, claims, or payments and may be made to secure the 28231
obligations on a parity with obligations theretofore or thereafter 28232
issued, if and to the extent provided in the bond proceedings. The 28233
moneys so pledged and thereafter received by the state are 28234
immediately subject to the lien of such pledge without any 28235
physical delivery thereof or further act, and the lien of any such 28236
pledges is valid and binding against all parties having claims of 28237
any kind against the state or any governmental agency of the 28238
state, irrespective of whether such parties have notice thereof, 28239
and shall create a perfected security interest for all purposes of 28240
Chapter 1309. of the Revised Code, without the necessity for 28241
separation or delivery of funds or for the filing or recording of 28242
the bond proceedings by which such pledge is created or any 28243
certificate, statement, or other document with respect thereto; 28244
and the pledge of such moneys is effective and the money therefrom 28245
and thereof may be applied to the purposes for which pledged 28246
without necessity for any act of appropriation. Every pledge, and 28247
every covenant and agreement made with respect thereto, made in 28248
the bond proceedings may therein be extended to the benefit of the 28249
owners and holders of obligations authorized by this section, and 28250
to any trustee therefor, for the further security of the payment 28251
of the bond service charges.28252

       (D) The bond proceedings may contain additional provisions as 28253
to:28254

       (1) The redemption of obligations prior to maturity at the 28255
option of the commissioners of the sinking fund at such price or 28256
prices and under such terms and conditions as are provided in the 28257
bond proceedings;28258

       (2) Other terms of the obligations;28259

       (3) Limitations on the issuance of additional obligations;28260

       (4) The terms of any trust agreement or indenture securing 28261
the obligations or under which the obligations may be issued;28262

       (5) The deposit, investment, and application of the coal 28263
research and development bond service fund, and the safeguarding 28264
of moneys on hand or on deposit, without regard to Chapter 131. or 28265
135. of the Revised Code, but subject to any special provisions of 28266
this chapter, with respect to particular moneys; provided, that 28267
any bank or trust company which acts as depository of any moneys 28268
in the fund may furnish such indemnifying bonds or may pledge such 28269
securities as required by the commissioners of the sinking fund;28270

       (6) Any other provision of the bond proceedings being binding 28271
upon the commissioners of the sinking fund, or such other body or 28272
person as may from time to time have the authority under law to 28273
take such actions as may be necessary to perform all or any part 28274
of the duty required by such provision;28275

       (7) Any provision which may be made in a trust agreement or 28276
indenture;28277

       (8) Any other or additional agreements with the holders of 28278
the obligations, or the trustee therefor, relating to the 28279
obligations or the security therefor, including the assignment of 28280
mortgages or other security obtained or to be obtained for loans 28281
under this chapter.28282

       (E) The obligations may have the great seal of the state or a 28283
facsimile thereof affixed thereto or printed thereon. The 28284
obligations shall be signed by such members of the commissioners 28285
of the sinking fund as are designated in the resolution 28286
authorizing the obligations or bear the facsimile signatures of 28287
such members. Any coupons attached to the obligations shall bear 28288
the facsimile signature of the treasurer of state. Any obligations 28289
may be executed by the persons who, on the date of execution, are 28290
the commissioners although on the date of such bonds the persons 28291
were not the commissioners. Any coupons may be executed by the 28292
person who, on the date of execution, is the treasurer of state 28293
although on the date of such coupons the person was not the 28294
treasurer of state. In case any officer or commissioner whose 28295
signature or a facsimile of whose signature appears on any such 28296
obligations or any coupons ceases to be such officer or 28297
commissioner before delivery thereof, such signature or facsimile 28298
is nevertheless valid and sufficient for all purposes as if the 28299
individual had remained such officer or commissioner until such 28300
delivery; and in case the seal to be affixed to obligations has 28301
been changed after a facsimile of the seal has been imprinted on 28302
such obligations, such facsimile seal shall continue to be 28303
sufficient as to such obligations and obligations issued in 28304
substitution or exchange therefor.28305

       (F) All obligations except loan guarantees are negotiable 28306
instruments and securities under Chapter 1308. of the Revised 28307
Code, subject to the provisions of the bond proceedings as to 28308
registration. The obligations may be issued in coupon or in 28309
registered form, or both, as the commissioners of the sinking fund 28310
determine. Provision may be made for the registration of any 28311
obligations with coupons attached thereto as to principal alone or 28312
as to both principal and interest, their exchange for obligations 28313
so registered, and for the conversion or reconversion into 28314
obligations with coupons attached thereto of any obligations 28315
registered as to both principal and interest, and for reasonable 28316
charges for such registration, exchange, conversion, and 28317
reconversion.28318

       (G) Obligations may be sold at public sale or at private 28319
sale, as determined in the bond proceedings.28320

       (H) Pending preparation of definitive obligations, the 28321
commissioners of the sinking fund may issue interim receipts or 28322
certificates which shall be exchanged for such definitive 28323
obligations.28324

       (I) In the discretion of the commissioners of the sinking 28325
fund, obligations may be secured additionally by a trust agreement 28326
or indenture between the commissioners and a corporate trustee, 28327
which may be any trust company or bank having a place of business 28328
within the state. Any such agreement or indenture may contain the 28329
resolution authorizing the issuance of the obligations, any 28330
provisions that may be contained in any bond proceedings, and 28331
other provisions that are customary or appropriate in an agreement 28332
or indenture of such type, including, but not limited to:28333

       (1) Maintenance of each pledge, trust agreement, indenture, 28334
or other instrument comprising part of the bond proceedings until 28335
the state has fully paid the bond service charges on the 28336
obligations secured thereby, or provision therefor has been made;28337

       (2) In the event of default in any payments required to be 28338
made by the bond proceedings, or any other agreement of the 28339
commissioners of the sinking fund made as a part of the contract 28340
under which the obligations were issued, enforcement of such 28341
payments or agreement by mandamus, the appointment of a receiver, 28342
suit in equity, action at law, or any combination of the 28343
foregoing;28344

       (3) The rights and remedies of the holders of obligations and 28345
of the trustee, and provisions for protecting and enforcing them, 28346
including limitations on rights of individual holders of 28347
obligations;28348

       (4) The replacement of any obligations that become mutilated 28349
or are destroyed, lost, or stolen;28350

       (5) Such other provisions as the trustee and the 28351
commissioners of the sinking fund agree upon, including 28352
limitations, conditions, or qualifications relating to any of the 28353
foregoing.28354

       (J) Any holder of obligations or a trustee under the bond 28355
proceedings, except to the extent that the holder's rights are 28356
restricted by the bond proceedings, may by any suitable form of 28357
legal proceedings protect and enforce any rights under the laws of 28358
this state or granted by such bond proceedings. Such rights 28359
include the right to compel the performance of all duties of the 28360
commissioners of the sinking fund, the Ohio air qualitydepartment 28361
of development authority, or the Ohio coal development office 28362
required by this chapter and Chapter 1551. of the Revised Code or 28363
the bond proceedings; to enjoin unlawful activities; and in the 28364
event of default with respect to the payment of any bond service 28365
charges on any obligations or in the performance of any covenant 28366
or agreement on the part of the commissioners, the authority28367
department, or the office in the bond proceedings, to apply to a 28368
court having jurisdiction of the cause to appoint a receiver to 28369
receive and administer the moneys pledged, other than those in the 28370
custody of the treasurer of state, that are pledged to the payment 28371
of the bond service charges on such obligations or that are the 28372
subject of the covenant or agreement, with full power to pay, and 28373
to provide for payment of bond service charges on, such 28374
obligations, and with such powers, subject to the direction of the 28375
court, as are accorded receivers in general equity cases, 28376
excluding any power to pledge additional revenues or receipts or 28377
other income or moneys of the commissioners of the sinking fund or 28378
the state or governmental agencies of the state to the payment of 28379
such principal and interest and excluding the power to take 28380
possession of, mortgage, or cause the sale or otherwise dispose of 28381
any project.28382

       Each duty of the commissioners of the sinking fund and their 28383
employees, and of each governmental agency and its officers, 28384
members, or employees, undertaken pursuant to the bond proceedings 28385
or any grant, loan, or loan guarantee agreement made under 28386
authority of this chapter, and in every agreement by or with the 28387
commissioners, is hereby established as a duty of the 28388
commissioners, and of each such officer, member, or employee 28389
having authority to perform such duty, specifically enjoined by 28390
the law resulting from an office, trust, or station within the 28391
meaning of section 2731.01 of the Revised Code.28392

       The persons who are at the time the commissioners of the 28393
sinking fund, or their employees, are not liable in their personal 28394
capacities on any obligations issued by the commissioners or any 28395
agreements of or with the commissioners.28396

       (K) Obligations issued under this section are lawful 28397
investments for banks, societies for savings, savings and loan 28398
associations, deposit guarantee associations, trust companies, 28399
trustees, fiduciaries, insurance companies, including domestic for 28400
life and domestic not for life, trustees or other officers having 28401
charge of sinking and bond retirement or other special funds of 28402
political subdivisions and taxing districts of this state, the 28403
commissioners of the sinking fund of the state, the administrator 28404
of workers' compensation, the state teachers retirement system, 28405
the public employees retirement system, the school employees 28406
retirement system, and the Ohio police and fire pension fund, 28407
notwithstanding any other provisions of the Revised Code or rules 28408
adopted pursuant thereto by any governmental agency of the state 28409
with respect to investments by them, and are also acceptable as 28410
security for the deposit of public moneys.28411

       (L) If the law or the instrument creating a trust pursuant to 28412
division (I) of this section expressly permits investment in 28413
direct obligations of the United States or an agency of the United 28414
States, unless expressly prohibited by the instrument, such moneys 28415
also may be invested in no-front-end-load money market mutual 28416
funds consisting exclusively of obligations of the United States 28417
or an agency of the United States and in repurchase agreements, 28418
including those issued by the fiduciary itself, secured by 28419
obligations of the United States or an agency of the United 28420
States; and in collective investment funds established in 28421
accordance with section 1111.14 of the Revised Code and consisting 28422
exclusively of any such securities, notwithstanding division 28423
(A)(1)(c) of that section. The income from such investments shall 28424
be credited to such funds as the commissioners of the sinking fund 28425
determine, and such investments may be sold at such times as the 28426
commissioners determine or authorize.28427

       (M) Provision may be made in the applicable bond proceedings 28428
for the establishment of separate accounts in the bond service 28429
fund and for the application of such accounts only to the 28430
specified bond service charges on obligations pertinent to such 28431
accounts and bond service fund and for other accounts therein 28432
within the general purposes of such fund. Moneys to the credit of 28433
the bond service fund shall be disbursed on the order of the 28434
treasurer of state; provided, that no such order is required for 28435
the payment from the bond service fund when due of bond service 28436
charges on obligations.28437

       (N) The commissioners of the sinking fund may pledge all, or 28438
such portion as they determine, of the receipts of the bond 28439
service fund to the payment of bond service charges on obligations 28440
issued under this section, and for the establishment and 28441
maintenance of any reserves, as provided in the bond proceedings, 28442
and make other provisions therein with respect to pledged receipts 28443
as authorized by this chapter, which provisions control 28444
notwithstanding any other provisions of law pertaining thereto.28445

       (O) The commissioners of the sinking fund may covenant in the 28446
bond proceedings, and any such covenants control notwithstanding 28447
any other provision of law, that the state and applicable officers 28448
and governmental agencies of the state, including the general 28449
assembly, so long as any obligations are outstanding, shall:28450

       (1) Maintain statutory authority for and cause to be levied 28451
and collected taxes so that the pledged receipts are sufficient in 28452
amount to meet bond service charges, and the establishment and 28453
maintenance of any reserves and other requirements provided for in 28454
the bond proceedings, and, as necessary, to meet covenants 28455
contained in any loan guarantees made under this chapter;28456

       (2) Take or permit no action, by statute or otherwise, that 28457
would impair the exemption from federal income taxation of the 28458
interest on the obligations.28459

       (P) All moneys received by or on account of the state and 28460
required by the applicable bond proceedings, consistent with this 28461
section, to be deposited, transferred, or credited to the coal 28462
research and development bond service fund, and all other moneys 28463
transferred or allocated to or received for the purposes of the 28464
fund, shall be credited to such fund and to any separate accounts 28465
therein, subject to applicable provisions of the bond proceedings, 28466
but without necessity for any act of appropriation. During the 28467
period beginning with the date of the first issuance of 28468
obligations and continuing during such time as any such 28469
obligations are outstanding, and so long as moneys in the bond 28470
service fund are insufficient to pay all bond service charges on 28471
such obligations becoming due in each year, a sufficient amount of 28472
moneys of the state are committed and shall be paid to the bond 28473
service fund in each year for the purpose of paying the bond 28474
service charges becoming due in that year without necessity for 28475
further act of appropriation for such purpose. The bond service 28476
fund is a trust fund and is hereby pledged to the payment of bond 28477
service charges to the extent provided in the applicable bond 28478
proceedings, and payment thereof from such fund shall be made or 28479
provided for by the treasurer of state in accordance with such 28480
bond proceedings without necessity for any act of appropriation. 28481
All investment earnings of the fund shall be credited to the fund.28482

       (Q) For purposes of establishing the limitations contained in 28483
Section 15 of Article VIII, Ohio Constitution, the "principal 28484
amount" refers to the aggregate of the offering price of the bonds 28485
or notes. "Principal amount" does not refer to the aggregate value 28486
at maturity or redemption of the bonds or notes.28487

       (R) This section applies only with respect to obligations 28488
issued and delivered prior to September 30, 2000.28489

       Sec. 1555.17.  All final actions of the director of the Ohio 28490
coal development office shall be journalized and such journal 28491
shall be open to inspection of the public at all reasonable times. 28492
Any materials or data, to the extent that they consist of trade 28493
secrets, as defined in section 1333.61 of the Revised Code, or 28494
other proprietary information, that are submitted or made 28495
available to, or received by, the Ohio air qualitydepartment of28496
development authority or the director of the Ohio coal development 28497
office, in connection with agreements for assistance entered into 28498
under this chapter or Chapter 1551. of the Revised Code, or any 28499
information taken from those materials or data, are not public 28500
records for the purposes of section 149.43 of the Revised Code.28501

       Sec. 1561.06.  The chief of the division of mineral resources 28502
management shall designate the townships in which mineable or 28503
quarryable coal or other mineral is or may be mined or quarried, 28504
which townships shall be considered coal or mineral bearing 28505
townships. The chief shall divide the coal or other mineral 28506
bearing townships into such districts as the chief deems best for 28507
inspection purposes, and the chief may change such districts 28508
whenever, in the chief's judgment, the best interests of the 28509
service require.28510

       The chief shall designate as provided in this section as coal 28511
or mineral bearing townships those townships in which coal is 28512
being mined or in which coal is found in such thickness as to make 28513
the mining of suchthe coal or mineral probable at some future 28514
time, and shall designate suchthe township as a unit. As used in 28515
this chapter and Chapters 1563., 1565., and 1567. of the Revised 28516
Code, "coal or mineral bearing township" means a township that has 28517
been so designated by the chief under this section.28518

       The chief shall also designate the townships in which coal is 28519
being mined or in which coal is found in such thickness as to make 28520
the mining of suchthe coal probable at some future time as "coal 28521
bearing townships" as suchthat term is used in Chapter 1509. of 28522
the Revised Code. The chief shall certify to the chief of the 28523
division of oil and gas resources management the townships that 28524
are designated as coal bearing townships.28525

       Sec. 1561.12.  An applicant for any examination or 28526
certificate under this section shall, before being examined, 28527
register the applicant's name with the chief of the division of 28528
mineral resources management and file with the chief an affidavit 28529
as to all matters of fact establishing the applicant's right to 28530
receive the examination, a certificate of good character and 28531
temperate habits signed by at least three reputable citizens of 28532
the community in which the applicant resides, and a certificate 28533
from a reputable and disinterested physician as to the physical 28534
condition of suchthe applicant showing that the applicant is 28535
physically capable of performing the duties of the office or 28536
position.28537

       Each applicant for examination for any of the following 28538
positions shall present evidence satisfactory to the chief that 28539
the applicant has been a resident and citizen of this state for 28540
two years next preceding the date of application:28541

       (A) An applicant for the position of deputy mine inspector of 28542
underground mines shall have had actual practical experience of 28543
not less than six years, at least two of which shall have been in 28544
the underground workings of mines in this state. In the case of an 28545
applicant who would inspect underground coal mines, the two years 28546
shall consist of actual practical experience in underground coal 28547
mines. In the case of an applicant who would inspect noncoal 28548
mines, the two years shall consist of actual practical experience 28549
in noncoal mines. In lieu of two years of the actual practical 28550
experience required, the chief may accept as the equivalent 28551
thereof a certificate evidencing graduation from an accredited 28552
school of mines or mining, after a four-year course of study, but 28553
such credit shall not apply as to the two years' actual practical 28554
experience required in the mines in this state.28555

       The applicant shall pass an examination as to the applicant's 28556
practical and technological knowledge of mine surveying, mining 28557
machinery, and appliances; the proper development and operation of 28558
mines; the best methods of working and ventilating mines; the 28559
nature, properties, and powers of noxious, poisonous, and 28560
explosive gases, particularly methane; the best means and methods 28561
of detecting, preventing, and removing the accumulation of such 28562
gases; the use and operation of gas detecting devices and 28563
appliances; first aid to the injured; and the uses and dangers of 28564
electricity as applied and used in, at, and around mines. SuchThe28565
applicant shall also hold a certificate for foreperson of gaseous 28566
mines issued by the chief.28567

       (B) An applicant for the position of deputy mine inspector of 28568
surface mines shall have had actual practical mining experience of 28569
not less than six years, at least two of which shall have been in 28570
surface mines in this state. In lieu of two years of the actual 28571
practical experience required, the chief may accept as the 28572
equivalent thereof a certificate evidencing graduation from an 28573
accredited school of mines or mining, after a four-year course of 28574
study, but that credit shall not apply as to the two years' actual 28575
practical experience required in the mines in this state. The 28576
applicant shall pass an examination as to the applicant's 28577
practical and technological knowledge of surface mine surveying, 28578
machinery, and appliances; the proper development and operations 28579
of surface mines; first aid to the injured; and the use and 28580
dangers of explosives and electricity as applied and used in, at, 28581
and around surface mines. The applicant shall also hold a surface 28582
mine foreperson certificate issued by the chief.28583

       (C) An applicant for the position of electrical inspector 28584
shall have had at least five years' practical experience in the 28585
installation and maintenance of electrical circuits and equipment 28586
in mines, and the applicant shall be thoroughly familiar with the 28587
principles underlying the safety features of permissible and 28588
approved equipment as authorized and used in mines.28589

       The applicant shall be required to pass the examination 28590
required for deputy mine inspectors and an examination testing and 28591
determining the applicant's qualification and ability to 28592
competently inspect and administer the mining law that relates to 28593
electricity used in and around mines and mining in this state.28594

       (D) An applicant for the position of superintendent or 28595
assistant superintendent of rescue stations shall possess the same 28596
qualifications as those required for a deputy mine inspector. In 28597
addition, the applicant shall present evidence satisfactory to the 28598
chief that the applicant is sufficiently qualified and trained to 28599
organize, supervise, and conduct group training classes in first 28600
aid, safety, and rescue work.28601

       The applicant shall pass the examination required for deputy 28602
mine inspectors and shall be tested as to the applicant's 28603
practical and technological experience and training in first aid, 28604
safety, and mine rescue work.28605

       (E) An applicant for the position of mine chemist shall have 28606
such educational training as is represented by the degree MS in 28607
chemistry from a university of recognized standing, and at least 28608
five years of actual practical experience in research work in 28609
chemistry or as an assistant chemist. The chief may provide that 28610
an equivalent combination of education and experience together 28611
with a wide knowledge of the methods of and skill in chemical 28612
analysis and research may be accepted in lieu of the above 28613
qualifications. It is preferred that suchthe chemist shall have 28614
had actual experience in mineralogy and metallurgy.28615

       (F) An applicant for the position of gas storage well 28616
inspector shall possess the same qualifications as an applicant 28617
for the position of deputy mine inspector and shall have a 28618
practical knowledge and experience of and in the operation, 28619
location, drilling, maintenance, and abandonment of oil and gas 28620
wells, especially in coal or mineral bearing townships, and shall 28621
have a thorough knowledge of the latest and best method of 28622
plugging and sealing abandoned oil and gas wells.28623

       Such applicant for gas storage well inspector shall pass an 28624
examination conducted by the chief to determine the applicant's 28625
fitness to act as a gas storage well inspector before being 28626
eligible for appointment.28627

       Sec. 1561.13.  The chief of the division of mineral resources 28628
management shall conduct examinations for offices and positions in 28629
the division of mineral resources management, and for mine 28630
forepersons, mine electricians, shot firers, surface mine 28631
blasters, and fire bosses, as follows:28632

       (A) Division of mineral resources management:28633

       (1) Deputy mine inspectors of underground mines;28634

       (2) Deputy mine inspectors of surface mines;28635

       (3) Electrical inspectors;28636

       (4) Superintendent of rescue stations;28637

       (5) Assistant superintendents of rescue stations;28638

       (6) Mine chemists at a division laboratory if the chief 28639
chooses to operate a laboratory;28640

       (7) Gas storage well inspector.28641

       (B) Mine forepersons:28642

       (1) Mine foreperson of gaseous mines;28643

       (2) Mine foreperson of nongaseous mines;28644

       (3) Mine foreperson of surface mines.28645

       (C) Forepersons:28646

       (1) Foreperson of gaseous mines;28647

       (2) Foreperson of nongaseous mines;28648

       (3) Foreperson of surface maintenance facilities at 28649
underground or surface mines;28650

       (4) Foreperson of surface mines.28651

       (D) Fire bosses.28652

       (E) Mine electricians.28653

       (F) Surface mine blasters.28654

       (G) Shot firers.28655

       The chief annually shall provide for the examination of 28656
candidates for appointment or promotion as deputy mine inspectors 28657
and such other positions and offices set forth in division (A) of 28658
this section as are necessary. Special examinations may be held 28659
whenever it becomes necessary to make appointments to any of those 28660
positions.28661

       The chief shall provide for the examination of persons 28662
seeking certificates of competency as mine forepersons, 28663
forepersons, mine electricians, shot firers, surface mine 28664
blasters, and fire bosses quarterly or more often as required, at 28665
such times and places within the state as shall, in the judgment 28666
of the chief, afford the best facilities to the greatest number of 28667
applicants. Public notice shall be given through the press or 28668
otherwise, not less than ten days in advance, announcing the time 28669
and place at which examinations under this section are to be held.28670

       The examinations provided for in this section shall be 28671
conducted under rules adopted under section 1561.05 of the Revised 28672
Code and conditions prescribed by the chief. Any rules that relate 28673
to particular candidates shall, upon application of any candidate, 28674
be furnished to the candidate by the chief; they shall also be of 28675
uniform application to all candidates in the several groups.28676

       Sec. 1561.35.  If the deputy mine inspector finds that any 28677
matter, thing, or practice connected with any mine and not 28678
prohibited specifically by law is dangerous or hazardous, or that 28679
from a rigid enforcement of this chapter and Chapters 1509.,28680
1563., 1565., and 1567. and applicable provisions of Chapter 1509.28681
of the Revised Code, the matter, thing, or practice would become 28682
dangerous and hazardous so as to tend to the bodily injury of any 28683
person, the deputy mine inspector forthwith shall give notice in 28684
writing to the owner, lessee, or agent of the mine of the 28685
particulars in which the deputy mine inspector considers the mine 28686
or any matter, thing, or practice connected therewith is dangerous 28687
or hazardous and recommend changes that the conditions require, 28688
and forthwith shall mail a copy of the report and the deputy mine 28689
inspector's recommendations to the chief of the division of 28690
mineral resources management. Upon receipt of the report and 28691
recommendations, the chief forthwith shall make a finding thereon 28692
and mail a copy to the owner, operator, lessee, or agent of the 28693
mine, and to the deputy mine inspector; a copy of the finding of 28694
the chief shall be posted upon the bulletin board of the mine. 28695
Where the miners have a mine safety committee, one additional copy 28696
shall be posted on the bulletin board for the use and possession 28697
of the committee.28698

       The owner, operator, lessee, or agent of the mine, or the 28699
authorized representative of the workers of the mine, within ten 28700
days may appeal to the reclamation commission for a review and 28701
redetermination of the finding of the chief in the matter in 28702
accordance with section 1513.13 of the Revised Code, 28703
notwithstanding division (A)(1) of that section, which provides 28704
for appeals within thirty days. A copy of the decision of the 28705
commission shall be mailed as required by this section for the 28706
mailing of the finding by the chief on the deputy mine inspector's 28707
report.28708

       Sec. 1561.49.  The chief of the division of mineral resources 28709
management may designate not more than thirty deputy mine 28710
inspectors, at least one of whom shall be classified and appointed 28711
as electrical inspector provided for in division (B) of section 28712
1561.12 of the Revised Code; one gas storage well inspector; one 28713
superintendent of rescue stations; three assistant superintendents 28714
of rescue stations; three chemists; and such clerks, 28715
stenographers, and other employees as are necessary for the 28716
administration of this chapter and Chapters 1563., 1565., and28717
1567., and applicable provisions of Chapter 1509. of the Revised 28718
Code.28719

       Such officers, employees, and personnel shall be appointed 28720
and employed under such conditions and qualifications as set forth 28721
in suchthose chapters.28722

       Sec. 1563.06.  For the purpose of making the examinations 28723
provided for in this chapter and Chapters 1509., 1561., 1565., and 28724
1567. and applicable provisions of Chapter 1509. of the Revised 28725
Code, the chief of the division of mineral resources management, 28726
and each deputy mine inspector, may enter any mine at a reasonable 28727
time, by day or by night, but in such manner as will not 28728
necessarily impede the working of the mine, and the owner, lessee, 28729
or agent thereof shall furnish the means necessary for such entry 28730
and examination.28731

       Sec. 1563.24.  In all mines generating methane in such 28732
quantities as to be considered a gaseous mine under section 28733
1563.02 of the Revised Code, the mine foreperson of such a mine 28734
shall:28735

       (A) Employ a sufficient number of competent persons holding 28736
foreperson of gaseous mines or fire boss certificates, except as 28737
provided in section 1565.02 of the Revised Code, to examine the 28738
working places whether they are in actual course of working or 28739
not, and the traveling ways and entrances to old workings with 28740
approved flame safety lamps, all of which shall be done not more 28741
than three hours prior to the time fixed for the employees to 28742
enter suchthe mine;28743

       (B) Have all old parts of the mine not in the actual course 28744
of working, but that are open and safe to travel, examined not 28745
less than once each three days by a competent person who holds a 28746
foreperson of gaseous mines or a fire boss certificate;28747

       (C) See that all parts of the mine not sealed off as provided 28748
in section 1563.41 of the Revised Code are kept free from standing 28749
gas, and upon the discovery of any standing gas, see that the 28750
entrance to the place where the gas is so discovered is fenced off 28751
and marked with a sign upon which is written the word "danger," 28752
and suchthe sign shall so remain until suchthe gas has been 28753
removed;28754

       (D) Have the mine examined on all idle days, holidays, and 28755
Sundays on which employees are required to work therein;28756

       (E) If more than three hours elapse between shifts, have the 28757
places in which the succeeding shift works examined by a competent 28758
person who holds a foreperson of gaseous mines or fire boss 28759
certificate;28760

       (F) See that this chapter and Chapters 1509., 1561., 1565., 28761
and 1567. and applicable provisions of Chapter 1509. of the 28762
Revised Code, with regard to examination of working places, 28763
removal of standing gas, and fencing off of dangerous places, are 28764
complied with before the employees employed by the mine foreperson 28765
for this particular work are permitted to do any other work;28766

       (G) Have a report made on the blackboard provided for in 28767
section 1567.06 of the Revised Code, which report shall show the 28768
condition of the mine as to the presence of gas and the place 28769
where such gas is present, if there is any, before the mine 28770
foreperson permits the employees to enter the mine;28771

       (H) Have reports of the duties and activities enumerated in 28772
this section signed by the person who makes suchthe examination. 28773
The reports so signed shall be sent once each week to the deputy 28774
mine inspector of the district in which the mine is located on 28775
blanks furnished by the division of mineral resources management 28776
for that purpose, and a copy of suchthe report shall be kept on 28777
file at the mine.28778

       (I) Have the fire boss record a report after each 28779
examination, in ink, in the fire boss' record book, which book 28780
shall show the time taken in making the examination and also 28781
clearly state the nature and location of any danger that was 28782
discovered in any room, entry, or other place in the mine, and, if 28783
any danger was discovered, the fire boss shall immediately report 28784
the location thereof to the mine foreperson.28785

       No person shall enter the mine until the fire bosses return 28786
to the mine office on the surface, or to a station located in the 28787
mine, where a record book as provided for in this section shall be 28788
kept and signed by the person making the examination, and report 28789
to the oncoming mine foreperson that the mine is in safe condition 28790
for the employees to enter. When a station is located in any mine, 28791
the fire bosses shall sign also the report entered in the record 28792
book in the mine office on the surface. The record books of the 28793
fire bosses shall at all times during working hours be accessible 28794
to the deputy mine inspector and the employees of the mine.28795

       In every mine generating explosive gas in quantities 28796
sufficient to be detected by an approved flame safety lamp, when 28797
the working portions are one mile or more from the entrance to the 28798
mine or from the bottom of the shaft or slope, a permanent station 28799
of suitable dimensions may be erected by the mine foreperson, 28800
provided that the location is approved by the deputy mine 28801
inspector, for the use of the fire bosses, and a fireproof vault 28802
of ample strength shall be erected in suchthe station of brick, 28803
stone, or concrete, in which the temporary record book of the fire 28804
bosses, as described in this section, shall be kept. No person, 28805
except a mine foreperson of gaseous mines, and in case of 28806
necessity such other persons as are designated by the mine 28807
foreperson, shall pass beyond the permanent station and danger 28808
signal until the mine has been examined by a fire boss, and the 28809
mine or certain portions thereof reported by the fire boss to be 28810
safe.28811

       This section does not prevent a mine foreperson or foreperson 28812
of gaseous mines from being qualified to act and acting in the 28813
capacity of fire boss. The record book shall be supplied by the 28814
division and purchased by the operator.28815

       No mine foreperson or person delegated by the mine 28816
foreperson, or any operator of a mine, or other person, shall 28817
refuse or neglect to comply with this section.28818

       Sec. 1563.28.  The manworker performing the duties of fire 28819
boss shall, in an approved manner, use a flame safety lamp when 28820
making examinations under this chapter and Chapters 1509., 1561., 28821
1565., and 1567. and applicable provisions of Chapter 1509. of the 28822
Revised Code. As evidence of such examinations hethe fire boss28823
shall mark with chalk, upon the face of the coal or in some other 28824
conspicuous place, histhe fire boss's initials and the date of 28825
the month that suchthe examination is made, and shall fully 28826
comply with all the law relating to gas and histhe fire boss's28827
duties as to making such examinations. After making hissuch an28828
examination and report, prior to employees entering the mine for 28829
the oncoming shift, hethe fire boss who made the examination or 28830
another fire boss shall return to the working places with the 28831
employees at the starting time of the oncoming shift.28832

       No person shall refuse or neglect to comply with this 28833
section.28834

       Sec. 1571.01.  As used in this chapter, unless other meaning 28835
is clearly indicated in the context:28836

       (A) "Gas storage reservoir" or "storage reservoir" or 28837
"reservoir" means a continuous area of a subterranean porous sand 28838
or rock stratum or strata, any part of which or of the protective 28839
area of which, is within a coal bearing township, into which gas 28840
is or may be injected for the purpose of storing it therein and 28841
removing it therefrom, or for the purpose of testing whether such 28842
stratum is suitable for such storage purposes.28843

       (B) "Gas" means any natural, manufactured, or by-product gas 28844
or any mixture thereof.28845

       (C) "Reservoir operator" or "operator," when used in 28846
referring to the operator of a gas storage reservoir, means a 28847
person who is engaged in the work of preparing to inject, or who 28848
injects gas into, or who stores gas in, or who removes gas from, a 28849
gas storage reservoir, and who owns the right to do so.28850

       (D)(1) "Boundary," when used in referring to the boundary of 28851
a gas storage reservoir, means the boundary of such reservoir as 28852
shown on the map or maps thereof on file in the division of 28853
mineraloil and gas resources management as required by this 28854
chapter.28855

       (2) "Boundary," when used in referring to the boundary of a 28856
reservoir protective area, means the boundary of such reservoir 28857
protective area as shown on the map or maps thereof on file in the 28858
division as required by this chapter.28859

       (E) "Reservoir protective area" or "reservoir's protective 28860
area" means the area of land outside the boundary of a gas storage 28861
reservoir shown as such on the map or maps thereof on file in the 28862
division as required by this chapter. The area of land shown on 28863
such map or maps as such reservoir protective area shall be 28864
outside the boundary of such reservoir, and shall encircle such 28865
reservoir and touch all parts of the boundary of such reservoir, 28866
and no part of the outside boundary of such protective area shall 28867
be less than two thousand nor more than five thousand linear feet 28868
distant from the boundary of such reservoir.28869

       (F) "Coal bearing township" means a township designated as a 28870
coal bearing township by the chief of the division of mineral 28871
resources management as required by section 1561.06 of the Revised 28872
Code.28873

       (G) "Coal mine" means the underground excavations of a mine 28874
that are being used or are usable or are being developed for use 28875
in connection with the extraction of coal from its natural deposit 28876
in the earth. "Underground excavations," when used in referring to 28877
the underground excavations of a coal mine, includes the abandoned 28878
underground excavations of such mine. It also includes the 28879
underground excavations of an abandoned coal mine if such 28880
abandoned mine is connected with underground excavations of a coal 28881
mine. "Coal mine" does not mean or include:28882

       (1) A mine in which coal is extracted from its natural 28883
deposit in the earth by strip or open pit mining methods or by 28884
other methods by which individuals are not required to go 28885
underground in connection with the extraction of coal from its 28886
natural deposit in the earth;28887

       (2) A mine in which not more than fourteen individuals are 28888
regularly employed underground.28889

       (H) "Operator," when used in referring to the operator of a 28890
coal mine, means a person who engages in the work of developing 28891
such mine for use in extracting coal from its natural deposit in 28892
the earth, or who so uses such mine, and who owns the right to do 28893
so.28894

       (I) "Boundary," when used in referring to the boundary of a 28895
coal mine, means the boundary of the underground excavations of 28896
such mine as shown on the maps of such mine on file in the 28897
division of mineral resources management as required by sections 28898
1563.03 to 1563.05 and 1571.03 of the Revised Code.28899

       (J) "Mine protective area" or "mine's protective area" means 28900
the area of land that the operator of a coal mine designates and 28901
shows as such on the map or maps of such coal mine filed with the 28902
division as required by sections 1563.03 to 1563.05 and 1571.03 of 28903
the Revised Code. Such area of land shall be outside of the 28904
boundary of such coal mine, but some part of the boundary of such 28905
area of land shall abut upon a part of the boundary of such coal 28906
mine. Such area of land shall be comprised of such tracts of land 28907
in which such coal mine operator owns the right to extract coal 28908
therefrom by underground mining methods and in which underground 28909
excavations of such coal mine are likely to be made within the 28910
ensuing year for use in connection with the extraction of coal 28911
therefrom.28912

       (K) "Pillar" means a solid block of coal or other material 28913
left unmined to support the overlying strata in a coal mine, or to 28914
protect a well.28915

       (L) "Retreat mining" means the removal of pillars and ribs 28916
and stumps and other coal remaining in a section of a coal mine 28917
after the development mining has been completed in such section.28918

       (M) "Linear feet," when used to indicate distance between two 28919
points that are not in the same plane, means the length in feet of 28920
the shortest horizontal line that connects two lines projected 28921
vertically upward or downward from the two points.28922

       (N) "Map" means a graphic representation of the location and 28923
size of the existing or proposed items it is made to represent, 28924
accurately drawn according to a given scale.28925

       (O) "Well" means any hole, drilled or bored, or being drilled 28926
or bored, into the earth, whether for the purpose of, or whether 28927
used for:28928

       (1) Producing or extracting any gas or liquid mineral, or 28929
natural or artificial brines, or oil field waters;28930

       (2) Injecting gas into or removing gas from an underground 28931
gas storage reservoir;28932

       (3) Introducing water or other liquid pressure into an oil 28933
bearing sand to recover oil contained in such sand, provided that 28934
"well" does not mean a hole drilled or bored, or being drilled or 28935
bored, into the earth, whether for the purpose of, or whether used 28936
for, producing or extracting potable water to be used as such.28937

       (P) "Testing" means injecting gas into, or storing gas in or 28938
removing gas from, a gas storage reservoir for the sole purpose of 28939
determining whether such reservoir is suitable for use as a gas 28940
storage reservoir.28941

       (Q) "Casing" means a string or strings of pipe commonly 28942
placed in a well.28943

       (R) "Inactivate" means to shut off temporarily all flow of 28944
gas from a well at a point below the horizon of the coal mine that 28945
might be affected by such flow of gas, by means of a plug or other 28946
suitable device or by injecting water, bentonite, or some other 28947
equally nonporous material into the well, or any other method 28948
approved by the mineralan oil and gas resources inspector.28949

       (S) "Gas storage well inspector" means the gas storage well 28950
inspector in the division.28951

       (T) The verb "open" or the noun "opening," when used in 28952
clauses relating to the time when a coal mine operator intends to 28953
open a new coal mine, or the time when a new coal mine is opened, 28954
or the time of the opening of a new coal mine, or when used in 28955
other similar clauses to convey like meanings, means that time and 28956
condition in the initial development of a new coal mine when the 28957
second opening required by section 1563.14 of the Revised Code is 28958
completed in such mine.28959

       Sec. 1571.012.  An applicant for the position of gas storage 28960
well inspector shall register the applicant's name with the chief 28961
of the division of oil and gas resources management and file with 28962
the chief an affidavit as to all matters of fact establishing the 28963
applicant's right to take the examination for that position, a 28964
certificate of good character and temperate habits signed by at 28965
least three reputable citizens of the community in which the 28966
applicant resides, and a certificate from a reputable and 28967
disinterested physician as to the physical condition of the 28968
applicant showing that the applicant is physically capable of 28969
performing the duties of the position. The applicant also shall 28970
present evidence satisfactory to the chief that the applicant has 28971
been a resident and citizen of this state for at least two years 28972
next preceding the date of application. 28973

       An applicant shall possess the same qualifications as an 28974
applicant for the position of deputy mine inspector established in 28975
section 1561.12 of the Revised Code. In addition, the applicant 28976
shall have practical knowledge and experience of and in the 28977
operation, location, drilling, maintenance, and abandonment of oil 28978
and gas wells, especially in coal or mineral bearing townships, 28979
and shall have a thorough knowledge of the latest and best method 28980
of plugging and sealing abandoned oil and gas wells.28981

       An applicant for gas storage well inspector shall pass an 28982
examination conducted by the chief to determine the applicant's 28983
fitness to act as gas storage well inspector before being eligible 28984
for appointment.28985

       Sec. 1571.013.  (A) The chief of the division of oil and gas 28986
resources management shall conduct examinations for the position 28987
of gas storage well inspector. The chief annually shall provide 28988
for the examination of candidates for appointment as gas storage 28989
well inspector. Special examinations may be held whenever it 28990
becomes necessary to make an appointment of gas storage well 28991
inspector.28992

       (B) Public notice shall be given through the press or 28993
otherwise, not less than ten days in advance, announcing the time 28994
and place at which examinations under this section are to be held.28995

       (C) The examinations provided for in this section shall be 28996
conducted in accordance with rules adopted under section 1571.014 28997
of the Revised Code and conditions prescribed by the chief.28998

       Sec. 1571.014.  The chief of the division of oil and gas 28999
resources management shall appoint a gas storage well inspector 29000
from the eligible list of candidates for that position that is 29001
prepared under section 124.24 of the Revised Code. If a vacancy 29002
occurs in the position of gas storage well inspector, the chief 29003
shall fill the position by selecting a person from that list.29004

       The chief shall adopt rules in accordance with Chapter 119. 29005
of the Revised Code that are necessary for conducting examinations 29006
for the position of gas storage well inspector.29007

       Sec. 1571.02.  (A) Any reservoir operator who, on September 29008
9, 1957, is injecting gas into, storing gas in, or removing gas 29009
from a reservoir shall within sixty days after such date file with 29010
the division of mineraloil and gas resources management a map 29011
thereof as described in division (C) of this section, provided 29012
that if a reservoir operator is, on September 9, 1957, injecting 29013
gas into or storing gas in a reservoir solely for testing, the 29014
reservoir operator shall at once file such map with the division.29015

       (B) If the injection of gas into or storage of gas in a gas 29016
storage reservoir is begun after September 9, 1957, the operator 29017
of such reservoir shall file with the division a map thereof as 29018
described in division (C) of this section, on the same day and not 29019
less than three months prior to beginning such injection or 29020
storage.29021

       (C) Each map filed with the division pursuant to this section 29022
shall be prepared by a registered surveyor, registered engineer, 29023
or competent geologist. It shall show both of the following:29024

       (1) The location of the boundary of such reservoir and the 29025
boundary of such reservoir's protective area, and the known fixed 29026
monuments, corner stones, or other permanent markers in such 29027
boundary lines;29028

       (2) The boundary lines of the counties, townships, and 29029
sections or lots that are within the limits of such map, and the 29030
name of each such county and township and the number of each such 29031
section or lot clearly indicated thereon. The legend of the map 29032
shall indicate the stratum or strata in which the gas storage 29033
reservoir is located.29034

       The location of the boundary of the gas storage reservoir as 29035
shown on the map shall be defined by the location of those wells 29036
around the periphery of such reservoir that had no gas production 29037
when drilled into the storage stratum of such reservoir, provided 29038
that if the operator of such reservoir, upon taking into 29039
consideration the number and nature of such wells, the geological 29040
and production knowledge of the storage stratum, its character, 29041
permeability, and distribution, and operating experience, 29042
determines that the location of the boundary of such reservoir 29043
should be differently defined, the reservoir operator may, on such 29044
map, show the boundary of such reservoir to be located at a 29045
location different than the location defined by the location of 29046
those wells around the periphery of such reservoir that had no gas 29047
production when drilled into the storage stratum.29048

       Whenever the operator of a gas storage reservoir determines 29049
that the location of the boundary of such reservoir as shown on 29050
the most recent map thereof on file in the division pursuant to 29051
this section is incorrect, the reservoir operator shall file with 29052
the division an amended map showing the boundary of such reservoir 29053
to be located at the location that the reservoir operator then 29054
considers to be correct.29055

       (D) Each operator of a gas storage reservoir who files with 29056
the division a map as required by this section shall, at the end 29057
of each six-month period following the date of such filing, file 29058
with the division an amended map showing changes, if any, in the 29059
boundary line of such reservoir or of such reservoir's protective 29060
area that have occurred in the six-month period. Nothing in this 29061
division shall be construed to require such a reservoir operator 29062
to file an amended map at the end of any such six-month period if 29063
no such boundary changes have occurred in such period.29064

       An operator of a gas storage reservoir who is required by 29065
this section to file an amended map with the division shall not be 29066
required to so file such an amended map after such time when the 29067
reservoir operator files with the division a map pertaining to 29068
such reservoir, as provided in section 1571.04 of the Revised 29069
Code.29070

       Sec. 1571.03.  (A) Every operator of a coal mine who is 29071
required by sections 1563.03 to 1563.05 of the Revised Code, to 29072
file maps of such mine, shall cause to be shown on each of such 29073
maps, in addition to the boundary lines of each tract under which 29074
excavations are likely to be made during the ensuing year, as 29075
referred to in section 1563.03 of the Revised Code:29076

       (1) The boundary of such coal mine in accordance with the 29077
meaning of the term "boundary" when used in referring to the 29078
boundary of a coal mine, and the term "coal mine" as those terms 29079
are defined in section 1571.01 of the Revised Code;29080

       (2) The boundary of the mine protective area of such mine.29081

       This division shall not be construed to amend or repeal any 29082
provisions of sections 1563.03 to 1563.05 of the Revised Code, 29083
either by implication or otherwise.29084

       This division is intended only to add to existing statutory 29085
requirements pertaining to the filing of coal mine maps with the 29086
division of mineral resources management, the requirements 29087
established in this division.29088

       (B) Every operator of a coal mine who believes that any part 29089
of the boundary of such mine is within two thousand linear feet of 29090
a well that is drilled through the horizon of such coal mine and 29091
into or through the storage stratum or strata of a gas storage 29092
reservoir within the boundary of such reservoir or within its 29093
protective area, shall at once send notice to that effect by 29094
registered mail to the operator of such reservoir, the division of 29095
mineral resources management, and to the division of oil and gas 29096
resources management.29097

       (C) Every operator of a coal mine who expects that any part 29098
of the boundary of such mine will, on a date after September 9, 29099
1957, be extended beyond its location on such date to a point 29100
within two thousand linear feet of a well that is drilled through 29101
the horizon of such mine and into or through the stratum or strata 29102
of a gas storage reservoir within the boundary of such reservoir 29103
or within its protective area, shall send at least nine months' 29104
notice of such date and of the location of such well by registered 29105
mail to the operator of such reservoir, the division of mineral 29106
resources management, and to the division of oil and gas resources 29107
management. If at the end of three years after the date stated in 29108
the notice by an operator of a coal mine to an operator of a 29109
storage reservoir as the date upon which part of the boundary of 29110
such coal mine is expected to be extended to a point within two 29111
thousand linear feet of such well, no part of such coal mine is so 29112
extended, the operator of such coal mine shall be liable to the 29113
operator of such storage reservoir for all expenses incurred by 29114
such reservoir operator in doing the plugging or reconditioning of 29115
such well as the reservoir operator is required to do in such 29116
cases as provided in section 1571.05 of the Revised Code. Such 29117
mine operator shall in no event be liable to such reservoir 29118
operator:29119

       (1) For expenses of plugging or reconditioning such well 29120
incurred prior to receipt by such reservoir operator from such 29121
mine operator of a notice as provided for in this division;29122

       (2) For any expenses of plugging or reconditioning such well 29123
if any part of the work of plugging or reconditioning was 29124
commenced prior to receipt by such reservoir operator from such 29125
mine operator of a notice as provided for in this division.29126

       (D) If a person intends to open a new coal mine after 29127
September 9, 1957, and if at the time of its opening any part of 29128
the boundary of such mine will be within two thousand linear feet 29129
of a well that is drilled through the horizon of such mine and 29130
into or through the storage stratum or strata of a gas storage 29131
reservoir within the boundary of such reservoir or within its 29132
protective area, such person shall send by registered mail to the 29133
operator of such storage reservoir, the division of mineral 29134
resources management, and to the division of oil and gas resources 29135
management at least nine months' notice of the date upon which the 29136
person intends to open such mine, and of the location of such 29137
well. If at the end of nine months after the date stated in the 29138
notice by an operator of a coal mine to an operator of a storage 29139
reservoir, the division of mineral resources management, and to29140
the division of oil and gas resources management, as the date upon 29141
which such coal mine operator intends to open such new mine, such 29142
new mine is not opened, the operator of such coal mine shall be 29143
liable to the operator of such storage reservoir for all expenses 29144
incurred by such reservoir operator in doing the plugging or 29145
reconditioning of such well as the reservoir operator is required 29146
to do in such cases as provided in section 1571.05 of the Revised 29147
Code, provided:29148

       (1) That such mine operator may, prior to the end of nine 29149
months after the date stated in such mine operator's notice to 29150
such reservoir operator, the division of mineral resources 29151
management, and the division of oil and gas resources management29152
as the date upon which the mine operator intended to open such new 29153
mine, notify such reservoir operator, the division of mineral 29154
resources management, and the division of oil and gas resources 29155
management in writing by registered mail, that the opening of such 29156
new mine will be delayed beyond the end of such nine-month period 29157
of time, and that the mine operator requests that a conference be 29158
held as provided in section 1571.10 of the Revised Code for the 29159
purpose of endeavoring to reach an agreement establishing a date 29160
subsequent to the end of such nine-month period of time, on or 29161
before which such mine operator may open such new mine without 29162
being liable to pay such reservoir operator expenses incurred by 29163
such reservoir operator in plugging or reconditioning such well as 29164
in this division provided;29165

       (2) That if such mine operator sends to such reservoir 29166
operator, the division of mineral resources management, and to the 29167
division of oil and gas resources management a notice and request 29168
for a conference as provided in division (D)(1) of this section, 29169
such mine operator shall not be liable to pay such reservoir 29170
operator for expenses incurred by such reservoir operator in 29171
plugging and reconditioning such well, unless such mine operator 29172
fails to open such new mine within the period of time fixed by an 29173
approved agreement reached in such conference, or fixed by an 29174
order by the chief of the division of mineraloil and gas29175
resources management upon a hearing held in the matter in the 29176
event of failure to reach an approved agreement in the 29177
conference;. After issuing an order under this division, the chief 29178
shall notify the chief of the division of mineral resources 29179
management and send a copy of the order to the chief.29180

       (3) That such mine operator shall in no event be liable to 29181
such reservoir operator:29182

       (a) For expense of plugging or reconditioning such well 29183
incurred prior to the receipt by such reservoir operator from such 29184
mine operator of the notice of the date upon which such mine 29185
operator intends to open such new mine;29186

       (b) For any expense of plugging or reconditioning such well 29187
if any part of the work of plugging or reconditioning was 29188
commenced prior to receipt by such reservoir operator from such 29189
mine operator of such notice.29190

       Sec. 1571.04.  (A) Upon the filing of each map or amended map 29191
with the division of mineraloil and gas resources management by 29192
operators of gas storage reservoirs as required by this chapter, 29193
and each coal mine map with the division of mineral resources 29194
management as required by sections 1563.03 to 1563.05 and division 29195
(A) of section 1571.03 of the Revised Code, the gas storage well 29196
inspector shall cause an examination to be made of all maps on 29197
file in the divisionthose divisions as the gas storage well 29198
inspector may deem necessary to ascertain whether any part of a 29199
reservoir protective area as shown on any such map is within ten 29200
thousand linear feet of any part of the boundary of a coal mine as 29201
shown on any such map. If, upon making that examination, the gas 29202
storage well inspector finds that any part of such a reservoir 29203
protective area is within ten thousand linear feet of any part of 29204
the boundary of such a coal mine, the gas storage well inspector 29205
shall promptly send by registered mail notice to that effect to 29206
the operator of the reservoir and to the operator of the coal 29207
mine.29208

       (B) Within sixty days after receipt by an operator of a gas 29209
storage reservoir of a notice from the gas storage well inspector 29210
under division (A) of this section, such operator shall file on 29211
the same day with both the division a mapof mineral resources 29212
management and the division of oil and gas resources management 29213
identical maps prepared by a registered surveyor, registered 29214
engineer, or competent geologist, which shall do all of the 29215
following:29216

       (1) Indicate the stratum or strata in which such gas storage 29217
reservoir is located;29218

       (2) Show the location of the boundary of the reservoir and 29219
the boundary of its protective area, and the known fixed 29220
monuments, corner stones, or other permanent markers in such 29221
boundary lines;29222

       (3) Show the boundary lines of the counties, townships, and 29223
sections or lots that are within the limits of such maps, and the 29224
name of each such county and township and the number of each such 29225
section or lot clearly indicated thereon;29226

       (4) Show the location of all oil or gas wells known to the 29227
operator of such reservoir that have been drilled within the 29228
boundary of the reservoir or within its protective area, and 29229
indicate which of such wells, if any, have been or are to be 29230
plugged or reconditioned for use in the operation of such 29231
reservoir.29232

       The location of the boundary of the gas storage reservoir as 29233
shown on the maps shall be defined by the location of those wells 29234
around the periphery of the reservoir that had no gas production 29235
when drilled into the storage stratum of the reservoir, provided 29236
that, if the operator of the reservoir, upon taking into 29237
consideration the number and nature of such wells, the geological 29238
and production knowledge of the storage stratum, its character, 29239
permeability, and distribution, and operating experience, 29240
determines that the location of the boundary of the reservoir 29241
should be differently defined, the reservoir operator may, on the 29242
maps, show the boundary of the reservoir to be located at a 29243
location different from the location defined by the location of 29244
those wells around the periphery of the reservoir that had no gas 29245
production when drilled into the storage stratum.29246

       (C) Any coal mine operator who receives from the gas storage 29247
well inspector a copy of a map as provided by division (E) of this 29248
section may request the gas storage well inspector to furnish the 29249
coal mine operator with:29250

       (1) The name of the original operator of any well shown on 29251
such map;29252

       (2) The date drilling of such well was completed;29253

       (3) The total depth of such well;29254

       (4) The depth at which oil or gas was encountered in such 29255
well if it was productive of oil or gas;29256

       (5) The initial rock pressure of such well;29257

       (6) A copy of the log of the driller of such well or other 29258
similar data;29259

       (7) The location of such well in respect to the property 29260
lines of the tract of land on which it is located;29261

       (8) A statement as to whether the well is inactive or active:29262

       (a) If inactive, the date of plugging and other pertinent 29263
data;29264

       (b) If active, whether it is being used for test purposes or 29265
storage purposes;.29266

       (9) A statement of the maximum injection pressure 29267
contemplated by the operator of the reservoir shown on such map.29268

       Upon receipt of such a request, the gas storage well 29269
inspector shall promptly furnish the coal mine operator the 29270
information requested. If the information is not ascertainable 29271
from the files in the division of oil and gas resources 29272
management, the gas storage well inspector shall request the 29273
reservoir operator to furnish the division with such information 29274
to the extent that the reservoir operator has knowledge thereof. 29275
Upon receipt of such a request, the reservoir operator shall 29276
promptly furnish such information to the division. Thereupon the 29277
gas storage well inspector shall promptly transmit such 29278
information to the mine operator who requested it.29279

       Whenever the operator of a gas storage reservoir determines 29280
that the location of the boundary of the reservoir as shown on the 29281
most recent map thereof on file in the division pursuant to this 29282
section is incorrect, the reservoir operator shall file with the 29283
division an amended map showing the boundary of the reservoir to 29284
be located at the location that the reservoir operator then 29285
considers to be correct.29286

       (D) Each operator of a gas storage reservoir who files a map29287
with the division of mineral resources management and the division 29288
of oil and gas resources management maps as required by this 29289
section shall, at the end of each six-month period following the 29290
date of such filing, file with theeach division anidentical29291
amended mapmaps showing changes in the boundary line of the 29292
reservoir or of the reservoir's protective area that have occurred 29293
in the six-month period, and further showing or describing any 29294
other occurrences within that six-month period that cause the most 29295
recent mapmaps on file and pertaining to the reservoir to no 29296
longer be correct. Nothing in this division shall be construed to 29297
require such a reservoir operator to file an amended map at the 29298
end of any such six-month period if no boundary changes or other 29299
occurrences have occurred in that period. The operator of the 29300
reservoir shall also file with the division of mineral resources 29301
management and the division of oil and gas resources management, 29302
subsequent to the filing of a mapmaps as provided for in division 29303
(B) of this section, a statement whenever changing the maximum 29304
injection pressure is contemplated, stating for each affected well 29305
within the boundary of the reservoir or its protective area, the 29306
amount of change of injection pressure contemplated. The location 29307
or drilling of new wells or the abandonment or reconditioning of 29308
wells shall not be considered to be occurrences requiring the 29309
filing of an amended map or statement.29310

       (E) Promptly upon the filing with the division of oil and gas 29311
resources management of a map or an amended map pertaining to a 29312
gas storage reservoir under this section, the gas storage well 29313
inspector shall send by registered mail to the operator of the 29314
coal mine a part of the boundary of which is within ten thousand 29315
linear feet of any part of the boundary of the reservoir or of the 29316
outside boundary of the reservoir's protective area, notice of the 29317
filing together with a copy of the map.29318

       (F) When the operator of a gas storage reservoir files with 29319
the division a mapof mineral resources management and the 29320
division of oil and gas resources management maps or an amended 29321
mapmaps under this section, the reservoir operator shall file as 29322
many copies of the mapmaps as theeach division may require for 29323
its files and as are needed for sending a copy to each coal mine 29324
operator under division (E) of this section.29325

       Sec. 1571.05.  (A) Whenever any part of a gas storage 29326
reservoir or any part of its protective area underlies any part of 29327
a coal mine, or is, or within nine months is expected or intended 29328
to be, within two thousand linear feet of the boundary of a coal 29329
mine that is operating in a coal seam any part of which extends 29330
over any part of the storage reservoir or its protective area, the 29331
operator of the reservoir, if the reservoir operator or some other 29332
reservoir operator has not theretofore done so, shall:29333

       (1) Use every known method that is reasonable under the 29334
circumstance for discovering and locating all wells drilled within 29335
the area of the reservoir or its protective area that underlie any 29336
part of the coal mine or its protective area;29337

       (2) Plug or recondition all known wells drilled within the 29338
area of the reservoir or its protective area that underlie any 29339
part of the coal mine.29340

       (B) Whenever an operator of a gas storage reservoir is 29341
notified by the operator of a coal mine, as provided in division 29342
(B) of section 1571.03 of the Revised Code, that the coal mine 29343
operator believes that part of the boundary of the mine is within 29344
two thousand linear feet of a well that is drilled through the 29345
horizon of the coal mine and into or through the storage stratum 29346
or strata of the reservoir within the boundary of the reservoir or 29347
within its protective area, the reservoir operator shall plug or 29348
recondition the well as in this section prescribed, unless it is 29349
agreed in a conference or is ordered by the chief of the division 29350
of mineraloil and gas resources management after a hearing, as 29351
provided in section 1571.10 of the Revised Code, that the well 29352
referred to in the notice is not such a well as is described in 29353
division (B) of section 1571.03 of the Revised Code.29354

       Whenever an operator of a gas storage reservoir is notified 29355
by the operator of a coal mine as provided in division (C) or (D) 29356
of section 1571.03 of the Revised Code, that part of the boundary 29357
of the mine is, or within nine months is intended or expected to 29358
be, within two thousand linear feet of a well that is drilled 29359
through the horizon of the mine and into or through the storage 29360
stratum or strata of the reservoir within the boundary of the 29361
reservoir or within its protective area, the reservoir operator 29362
shall plug or recondition the well as in this section prescribed.29363

       Whenever the operator of a coal mine considers that the use 29364
of a well such as in this section described, if used for injecting 29365
gas into, or storing gas in, or removing gas from, a gas storage 29366
reservoir, would be hazardous to the safety of persons or property 29367
on or in the vicinity of the premises of the coal mine or the 29368
reservoir or well, the coal mine operator may file with the 29369
division objections to the use of the well for such purposes, and 29370
a request that a conference be held as provided in section 1571.10 29371
of the Revised Code, to discuss and endeavor to resolve by mutual 29372
agreement whether or not the well shall or shall not be used for 29373
such purposes, and whether or not the well shall be reconditioned, 29374
inactivated, or plugged. The request shall set forth the mine 29375
operator's reasons for such objections. If no approved agreement 29376
is reached in the conference, the gas storage well inspector shall 29377
within ten days after the termination of the conference, file with 29378
the chief a request that the chief hear and determine the matters 29379
considered at the conference as provided in section 1571.10 of the 29380
Revised Code. Upon conclusion of the hearing, the chief shall find 29381
and determine whether or not the safety of persons or of the 29382
property on or in the vicinity of the premises of the coal mine, 29383
or the reservoir, or the well requires that the well be 29384
reconditioned, inactivated, or plugged, and shall make an order 29385
consistent with that determination, provided that the chief shall 29386
not order a well plugged unless the chief first finds that there 29387
is underground leakage of gas therefrom.29388

       The plugging or reconditioning of each well described in a 29389
notice from a coal mine operator to a reservoir operator as 29390
provided in division (B) of section 1571.03 of the Revised Code, 29391
which must be plugged or reconditioned, shall be completed within 29392
such time as the gas storage well inspector may fix in the case of 29393
each such well. The plugging or reconditioning of each well 29394
described in a notice from a coal mine operator to a reservoir 29395
operator as provided in division (C) of section 1571.03 of the 29396
Revised Code, which must be plugged or reconditioned, shall be 29397
completed by the time the well, by reason of the extension of the 29398
boundary of the coal mine, is within two thousand linear feet of 29399
any part of the boundary of the mine. The plugging or 29400
reconditioning of each well described in a notice from a coal mine 29401
operator to a reservoir operator, as provided in division (D) of 29402
section 1571.03 of the Revised Code, which must be plugged or 29403
reconditioned, shall be completed by the time the well, by reason 29404
of the opening of the new mine, is within two thousand linear feet 29405
of any part of the boundary of the new mine. A reservoir operator 29406
who is required to complete the plugging or reconditioning of a 29407
well within a period of time fixed as in this division prescribed, 29408
may prior to the end of that period of time, notify the division 29409
and the mine operator from whom the reservoir operator received a 29410
notice as provided in division (B), (C), or (D) of section 1571.03 29411
of the Revised Code, in writing by registered mail, that the 29412
completion of the plugging or reconditioning of the well referred 29413
to in the notice will be delayed beyond the end of the period of 29414
time fixed therefor as in this section provided, and that the 29415
reservoir operator requests that a conference be held for the 29416
purpose of endeavoring to reach an agreement establishing a date 29417
subsequent to the end of that period of time, on or before which 29418
the reservoir operator may complete the plugging or reconditioning 29419
without incurring any penalties for failure to do so as provided 29420
in this chapter. If such a reservoir operator sends to such a mine 29421
operator and to the division a notice and request for a conference 29422
as in this division provided, the reservoir operator shall not 29423
incur any penalties for failure to complete the plugging or 29424
reconditioning of the well within the period of time fixed as in 29425
this division prescribed, unless the reservoir operator fails to 29426
complete the plugging or reconditioning of the well within the 29427
period of time fixed by an approved agreement reached in the 29428
conference, or fixed by an order by the chief upon a hearing held 29429
in the matter in the event of failure to reach an approved 29430
agreement in the conference.29431

       Whenever, in compliance with this division, a well is to be 29432
plugged by a reservoir operator, the operator shall give to the 29433
division notice thereof, as many days in advance as will be 29434
necessary for the gas storage well inspector or a deputy mine 29435
inspector to be present at the plugging. The notification shall be 29436
made on blanks furnished by the division and shall show the 29437
following information:29438

       (1) Name and address of the applicant;29439

       (2) The location of the well identified by section or lot 29440
number, city or village, and township and county;29441

       (3) The well name and number of each well to be plugged.29442

       (C) The operator shall give written notice at the same time 29443
to the owner of the land upon which the well is located, the 29444
owners or agents of the adjoining land, and adjoining well owners 29445
or agents of the operator's intention to abandon the well, and of 29446
the time when the operator will be prepared to commence plugging 29447
and filling the same. In addition to giving such notices, the 29448
reservoir operator shall also at the same time send a copy of the 29449
notice by registered mail to the coal mine operator, if any, who 29450
sent to the reservoir operator the notice as provided in division 29451
(B), (C), or (D) of section 1571.03 of the Revised Code, in order 29452
that the coal mine operator or the coal mine operator's designated 29453
representative may attend and observe the manner in which the 29454
plugging of the well is done.29455

       If the reservoir operator plugs the well without anthe gas 29456
storage well inspector from the divisionor a deputy mine 29457
inspector being present to supervise the plugging, the reservoir 29458
operator shall send to the division and to the coal mine operator 29459
a copy of the report of the plugging of the well, including in the 29460
report:29461

       (1) The date of abandonment;29462

       (2) The name of the owner or operator of the well at the time 29463
of abandonment and the well owner's or operator's post office 29464
address;29465

       (3) The location of the well as to township and county and 29466
the name of the owner of the surface upon which the well is 29467
drilled, with the address thereof;29468

       (4) The date of the permit to drill;29469

       (5) The date when drilled;29470

       (6) Whether the well has been mapped;29471

       (7) The depth of the well;29472

       (8) The depth of the top of the sand to which the well was 29473
drilled;29474

       (9) The depth of each seam of coal drilled through;29475

       (10) A detailed report as to how the well was plugged, giving 29476
in particular the manner in which the coal and various sands were 29477
plugged, and the date of the plugging of the well, including 29478
therein the names of those who witnessed the plugging of the well.29479

        The report shall be signed by the operator or the operator's 29480
agent who plugged the well and verified by the oath of the party 29481
so signing. For the purposes of this section, a deputy mine 29482
inspector may take acknowledgements and administer oaths to the 29483
parties signing the report.29484

       Whenever, in compliance with this division, a well is to be 29485
reconditioned by a reservoir operator, the operator shall give to 29486
the division notice thereof as many days before the reconditioning 29487
is begun as will be necessary for the gas storage well inspector, 29488
or a deputy mine inspector, to be present at the reconditioning. 29489
No well shall be reconditioned if an inspector of the division is 29490
not present unless permission to do so has been granted by the 29491
chief. The reservoir operator, at the time of giving notice to the 29492
division as in this section required, also shall send a copy of 29493
the notice by registered mail to the coal mine operator, if any, 29494
who sent to the reservoir operator the notice as provided in 29495
division (B), (C), or (D) of section 1571.03 of the Revised Code, 29496
in order that the coal mine operator or the coal mine operator's 29497
designated representative may attend and observe the manner in 29498
which the reconditioning of the well is done.29499

       If the reservoir operator reconditions the well when nothe 29500
gas storage well inspector of the divisionor a deputy mine 29501
inspector is not present to supervise the reconditioning, the 29502
reservoir operator shall make written report to the division 29503
describing the manner in which the reconditioning was done, and 29504
shall send to the coal mine operator a copy of the report by 29505
registered mail.29506

       (D) Wells that are required by this section to be plugged 29507
shall be plugged in the manner specified in sections 1509.13 to 29508
1509.17 of the Revised Code, and the operator shall give the 29509
notifications and reports required by divisions (B) and (C) of 29510
this section. No such well shall be plugged or abandoned without 29511
the written approval of the division, and no such well shall be 29512
mudded, plugged, or abandoned without the gas storage well 29513
inspector or a deputy mine inspector present unless written 29514
permission has been granted by the chief or the gas storage well 29515
inspector. For purposes of this section, the chief of the division 29516
of mineral resources management has the authority given the chief 29517
of the division of oil and gas resources management in sections 29518
1509.15 and 1509.17 of the Revised Code. If such a well has been 29519
plugged prior to the time plugging thereof is required by this 29520
section, and, on the basis of the data, information, and other 29521
evidence available it is determined that the plugging was done in 29522
the manner required by this section, or was done in accordance 29523
with statutes prescribing the manner of plugging wells in effect 29524
at the time the plugging was done, and that there is no evidence 29525
of leakage of gas from the well either at or below the surface, 29526
and that the plugging is sufficiently effective to prevent the 29527
leakage of gas from the well, the obligations imposed upon the 29528
reservoir operator by this section as to plugging the well shall 29529
be considered fully satisfied. The operator of a coal mine any 29530
part of the boundary of which is, or within nine months is 29531
expected or intended to be, within two thousand linear feet of the 29532
well may at any time raise a question as to whether the plugging 29533
of the well is sufficiently effective to prevent the leakage of 29534
gas therefrom, and the issue so made shall be determined by a 29535
conference or hearing as provided in section 1571.10 of the 29536
Revised Code.29537

       (E) Wells that are to be reconditioned as required by this 29538
section shall be, or shall be made to be:29539

       (1) Cased in accordance with the statutes of this state in 29540
effect at the time the wells were drilled, with the casing being, 29541
or made to be, sufficiently effective in that there is no evidence 29542
of any leakage of gas therefrom;29543

       (2) Equipped with a producing string and well head composed 29544
of new pipe, or pipe as good as new, and fittings designed to 29545
operate with safety and to contain the stored gas at maximum 29546
pressures contemplated.29547

       When a well that is to be reconditioned as required by this 29548
section has been reconditioned for use in the operation of the 29549
reservoir prior to the time prescribed in this section, and on the 29550
basis of the data, information, and other evidence available it is 29551
determined that at the time the well was so reconditioned the 29552
requirements prescribed in this division were met, and that there 29553
is no evidence of underground leakage of gas from the well, and 29554
that the reconditioning is sufficiently effective to prevent 29555
underground leakage from the well, the obligations imposed upon 29556
the reservoir operator by this section as to reconditioning the 29557
well shall be considered fully satisfied. Any operator of a coal 29558
mine any part of the boundary of which is, or within nine months 29559
is expected or intended to be, within two thousand linear feet of 29560
the well may at any time raise a question as to whether the 29561
reconditioning of the well is sufficiently effective to prevent 29562
underground leakage of gas therefrom, and the issue so made shall 29563
be determined by a conference or hearing as provided in section 29564
1571.10 of the Revised Code.29565

       If the gas storage well inspector at any time finds that a 29566
well that is drilled through the horizon of a coal mine and into 29567
or through the storage stratum or strata of a reservoir within the 29568
boundary of the reservoir or within its protective area is located 29569
within the boundary of the coal mine or within two thousand linear 29570
feet of the mine boundary, and was drilled prior to the time the 29571
statutes of this state required that wells be cased, and that the 29572
well fails to meet the casing and equipping requirements 29573
prescribed in this division, the gas storage well inspector shall 29574
promptly notify the operator of the reservoir thereof in writing, 29575
and the reservoir operator upon receipt of the notice shall 29576
promptly recondition the well in the manner prescribed in this 29577
division for reconditioning wells, unless, in a conference or 29578
hearing as provided in section 1571.10 of the Revised Code, a 29579
different course of action is agreed upon or ordered.29580

       (F)(1) When a well within the boundary of a gas storage 29581
reservoir or within the reservoir's protective area penetrates the 29582
storage stratum or strata of the reservoir, but does not penetrate 29583
the coal seam within the boundary of a coal mine, the gas storage 29584
well inspector may, upon application of the operator of the 29585
storage reservoir, exempt the well from the requirements of this 29586
section. Either party affected by the action of the gas storage 29587
well inspector may request a conference and hearing with respect 29588
to the exemption.29589

       (2) When a well located within the boundary of a storage 29590
reservoir or a reservoir's protective area is a producing well in 29591
a stratum above or below the storage stratum, the obligations 29592
imposed by this section shall not begin until the well ceases to 29593
be a producing well.29594

       (G) When retreat mining reaches a point in a coal mine when 29595
the operator of the mine expects that within ninety days retreat 29596
work will be at the location of a pillar surrounding an active 29597
storage reservoir well, the operator of the mine shall promptly 29598
send by registered mail notice to that effect to the operator of 29599
the reservoir. Thereupon the operators may by agreement determine 29600
whether it is necessary or advisable to temporarily inactivate the 29601
well. If inactivated, the well shall not be reactivated until a 29602
reasonable period of time has elapsed, such period of time to be 29603
determined by agreement by the operators. In the event that the 29604
parties cannot agree upon either of the foregoing matters, the 29605
question shall be submitted to the gas storage well inspector for 29606
a conference in accordance with section 1571.10 of the Revised 29607
Code.29608

       (H)(1) The provisions of this section that require the 29609
plugging or reconditioning of wells shall not apply to such wells 29610
as are used to inject gas into, store gas in, or remove gas from a 29611
gas storage reservoir when the sole purpose of the injection, 29612
storage, or removal is testing. The operator of a gas storage 29613
reservoir who injects gas into, stores gas in, or removes gas from 29614
a reservoir for the sole purpose of testing shall be subject to 29615
all other provisions of this chapter that are applicable to 29616
operators of reservoirs.29617

       (2) If the injection of gas into, or storage of gas in, a gas 29618
storage reservoir any part of which, or of the protective area of 29619
which, is within the boundary of a coal mine is begun after 29620
September 9, 1957, and if the injection or storage of gas is for 29621
the sole purpose of testing, the operator of the reservoir shall 29622
send by registered mail to the operator of the coal mine, the 29623
division of oil and gas resources management, and to the division 29624
of mineral resources management at least sixty days' notice of the 29625
date upon which the testing will be begun.29626

       If at any time within the period of time during which testing 29627
of a reservoir is in progress, any part of the reservoir or of its 29628
protective area comes within any part of the boundary of a coal 29629
mine, the operator of the reservoir shall promptly send notice to 29630
that effect by registered mail to the operator of the mine, the 29631
division of oil and gas resources management, and to the division 29632
of mineral resources management.29633

       (3) Any coal mine operator who receives a notice as provided 29634
for in division (H)(2) of this section may within thirty days of 29635
the receipt thereof file with the division objections to the 29636
testing. The gas storage well inspector also may, within the time 29637
within which a coal mine operator may file an objection, place in 29638
the files of the division objections to the testing. The reservoir 29639
operator shall comply throughout the period of the testing 29640
operations with all conditions and requirements agreed upon and 29641
approved in the conference on such objections conducted as 29642
provided in section 1571.10 of the Revised Code, or in an order 29643
made by the chief following a hearing in the matter as provided in 29644
section 1571.10 of the Revised Code. If in complying with the 29645
agreement or order either the reservoir operator or the coal mine 29646
operator encounters or discovers conditions that were not known to 29647
exist at the time of the conference or hearing and that materially 29648
affect the agreement or order, or the ability of the reservoir 29649
operator to comply therewith, either operator may apply for a 29650
rehearing or modification of the order.29651

       (I) In addition to complying with all other provisions of 29652
this chapter and any lawful orders issued thereunder, the operator 29653
of each gas storage reservoir shall keep all wells drilled into or 29654
through the storage stratum or strata within the boundary of the 29655
operator's reservoir or within the reservoir's protective area in 29656
such condition, and operate the same in such manner, as to prevent 29657
the escape of gas therefrom into any coal mine, and shall operate 29658
and maintain the storage reservoir and its facilities in such 29659
manner and at such pressures as will prevent gas from escaping 29660
from the reservoir or its facilities into any coal mine.29661

       Sec. 1571.06.  (A) Distances between boundaries of gas 29662
storage reservoirs, reservoir protective areas, coal mines, coal 29663
mine protective areas, and wells, as shown on the most recent maps 29664
of storage reservoirs and of coal mines filed with the division of 29665
oil and gas resources management or the division of mineral 29666
resources management as required by this chapter and sections 29667
1563.03 to 1563.05 of the Revised Code, may be accepted and relied 29668
upon as being accurate and correct, by operators of coal mines and 29669
operators of reservoirs. Data, statements, and reports filed with29670
theeither division as required by this chapter and sections 29671
1563.03 to 1563.05 of the Revised Code may be likewise accepted 29672
and relied upon. However, the gas storage well inspector or any 29673
reservoir operator or coal mine operator, or any other person 29674
having a direct interest in the matter, may at any time question 29675
the accuracy or correctness of any map, data, statement, or report 29676
so filed, with theeither division by notifying the divisionboth 29677
divisions thereof in writing. Such notice shall state the reasons 29678
why the question is raised. When any such notice is so filed, the 29679
gas storage well inspector shall proceed promptly to hold a 29680
conference on the question thus raised, as provided in section 29681
1571.10 of the Revised Code.29682

       (B) If, in any proceeding under this chapter, the accuracy or 29683
correctness of any map, data, statement, or report, filed by any 29684
person pursuant to the requirements of this chapter is in 29685
question, the person so filing the same shall have the burden of 29686
proving the accuracy or correctness thereof.29687

       (C) The operator of a gas storage reservoir shall, at all 29688
reasonable times, be permitted to inspect the premises and 29689
facilities of any coal mine any part of the boundary of which is 29690
within any part of the boundary of such gas storage reservoir or 29691
within its protective area, and the operator of a coal mine shall, 29692
at all reasonable times, be permitted to inspect the premises and 29693
facilities of any gas storage reservoir any part of the boundary 29694
of which or any part of the protective area of which is within the 29695
boundary of such coal mine. In the event that either such 29696
reservoir operator or such coal mine operator denies permission to 29697
make any such inspection, the chief of the division of mineraloil 29698
and gas resources management on the chief's own motion, or on an 29699
application by the operator desiring to make such inspection, upon 29700
a hearing thereon if requested by either operator, after 29701
reasonable notice of such hearing, may make an order providing for 29702
such inspection.29703

       Sec. 1571.08.  (A) Whenever in this chapter, the method or 29704
material to be used in discharging any obligations imposed by this 29705
chapter is specified, an alternative method or material may be 29706
used if approved by the gas storage well inspector or the chief of 29707
the division of mineraloil and gas resources management. A person 29708
desiring to use such alternative method or material shall file 29709
with the division of mineraloil and gas resources management an 29710
application for permission to do so. Such application shall 29711
describe such alternative method or material in reasonable detail. 29712
The gas storage well inspector shall promptly send by registered 29713
mail notice of the filing of such application to any coal mine 29714
operator or reservoir operator whose mine or reservoir may be 29715
directly affected thereby. Any such coal mine operator or 29716
reservoir operator may within ten days following receipt of such 29717
notice, file with the division objections to such application. The 29718
gas storage well inspector may also file with the division an 29719
objection to such application at any time during which coal mine 29720
operators or reservoir operators are permitted to file objections. 29721
If no objections are filed within the ten-day period of time, the 29722
gas storage well inspector shall thereupon issue a permit 29723
approving the use of such alternative method or material. If any 29724
such objections are filed by any coal mine operator or reservoir 29725
operator, or by the gas storage well inspector, the question as to 29726
whether or not the use of such alternative method or material, or 29727
a modification thereof is approved, shall be determined by a 29728
conference or hearing as provided in section 1571.10 of the 29729
Revised Code.29730

       (B) Whenever in this chapter, provision is made for the 29731
filing of objections with the division, such objections shall be 29732
in writing and shall state as definitely as is reasonably possible 29733
the reasons for such objections. Upon the filing of any such 29734
objection the gas storage well inspector shall promptly fix the 29735
time and place for holding a conference for the purpose of 29736
discussing and endeavoring to resolve by mutual agreement the 29737
issue raised by such objection. The gas storage well inspector 29738
shall send written notice thereof by registered mail to each 29739
person having a direct interest therein. Thereupon the issue made 29740
by such objection shall be determined by a conference or hearing 29741
in accordance with the procedures for conferences and hearings as 29742
provided in section 1571.10 of the Revised Code.29743

       Sec. 1571.09.  (A) The chief of the division of mineraloil 29744
and gas resources management or any officer or employee of the 29745
division thereunto duly authorized by the chief may investigate, 29746
inspect, or examine records and facilities of any coal mine 29747
operator or reservoir operator, for the purpose of determining the 29748
accuracy or correctness of any map, data, statement, report, or 29749
other item or article, filed with or otherwise received by the 29750
division pursuant to this chapter. When a material question is 29751
raised by any reservoir operator or coal mine operator as to the 29752
accuracy or correctness of any such map, data, statement, report, 29753
or other item or article, which may directly affect the reservoir 29754
operator or coal mine operator, the matter shall be determined by 29755
a conference or hearing as provided in section 1571.10 of the 29756
Revised Code.29757

       (B) The division of mineraloil and gas resources management 29758
shall keep all maps, data, statements, reports, well logs, 29759
notices, or other items or articles filed with or otherwise 29760
received by it pursuant to this chapter in a safe place and 29761
conveniently accessible to persons entitled to examine them. It 29762
shall maintain indexes of all such items and articles so that any 29763
of them may be promptly located. None of such items or articles 29764
shall be open to public inspection, but: (1) any of such items or 29765
articles pertaining to a mine may be examined by: the operator, 29766
owner, lessee, or agent of such mine; persons financially 29767
interested in such mine; owners of land adjoining such mine; the 29768
operator, owner, lessee, or agent of a mine adjoining such mine; 29769
authorized representatives of the persons employed to work in such 29770
mine; the operator of a gas storage reservoir any part of the 29771
boundary of which or of the boundary of its protective area is 29772
within ten thousand linear feet of the boundary of such mine, or 29773
the agent of such reservoir operator thereunto authorized by such 29774
reservoir operator; or any employee of the division of geological 29775
survey in the department of natural resources thereunto duly 29776
authorized by the chief of that division; and (2) any of such 29777
items or articles pertaining to a gas storage reservoir may be 29778
examined by: the operator of such reservoir; the operator of a 29779
coal mine any part of the boundary of which is within ten thousand 29780
linear feet of the boundary of a gas storage reservoir or of the 29781
boundary of its protective area, or the agent of such mine 29782
operator thereunto authorized by such mine operator, or the 29783
authorized representatives of the persons employed to work in such 29784
mine; or any employee of the division of geological survey 29785
thereunto duly authorized by the chief of that division. The 29786
division of mineraloil and gas resources management shall not 29787
permit any of such items or articles to be removed from its 29788
office, and it shall not furnish copies of any such items or 29789
articles to any person other than as provided in this chapter.29790

       The division shall keep a docket of all proceedings arising 29791
under this chapter, in which shall be entered the dates of any 29792
notice received or issued, the names of all persons to whom it 29793
sends a notice, and the address of each, the dates of conferences 29794
and hearings, and all findings, determinations, decisions, 29795
rulings, and orders, or other actions by the division.29796

       (C) Whenever any provision of this chapter requires the 29797
division to give notice to the operator of a coal mine of any 29798
proceeding to be held pursuant to this chapter, the division shall 29799
simultaneously give a copy of such notice to the authorized 29800
representatives of the persons employed to work in such mine.29801

       Sec. 1571.10.  (A) The gas storage well inspector or any 29802
person having a direct interest in the administration of this 29803
chapter may at any time file with the division of mineraloil and 29804
gas resources management a written request that a conference be 29805
held for the purpose of discussing and endeavoring to resolve by 29806
mutual agreement any question or issue relating to the 29807
administration of this chapter, or to compliance with its 29808
provisions, or to any violation thereof. Such request shall 29809
describe the matter concerning which the conference is requested. 29810
Thereupon the gas storage well inspector shall promptly fix the 29811
time and place for the holding of such conference and shall send 29812
written notice thereof to each person having a direct interest 29813
therein. At such conference the gas storage well inspector or a 29814
representative of the division designated by the gas storage well 29815
inspector shall be in attendance, and shall preside at the 29816
conference, and the gas storage well inspector or designated 29817
representative may make such recommendations as the gas storage 29818
well inspector or designated representative deems proper. Any 29819
agreement reached at such conference shall be consistent with the 29820
requirements of this chapter and, if approved by the gas storage 29821
well inspector, it shall be reduced to writing and shall be 29822
effective. Any such agreement approved by the gas storage well 29823
inspector shall be kept on file in the division and a copy thereof 29824
shall be furnished to each of the persons having a direct interest 29825
therein. The conference shall be deemed terminated as of the date 29826
an approved agreement is reached or when any person having a 29827
direct interest therein refuses to confer thereafter. Such a 29828
conference shall be held in all cases prior to the holding of a 29829
hearing as provided in this section.29830

       (B) Within ten days after the termination of a conference at 29831
which no approved agreement is reached, any person who 29832
participated in such conference and who has a direct interest in 29833
the subject matter thereof, or the gas storage well inspector, may 29834
file with the chief of the division of mineraloil and gas29835
resources management a request that the chief hear and determine 29836
the matter or matters, or any part thereof considered at the 29837
conference. Thereupon the chief shall promptly fix the time and 29838
place for the holding of such hearing and shall send written 29839
notice thereof to each person having a direct interest therein. 29840
The form of the request for such hearing and the conduct of the 29841
hearing shall be in accordance with rules that the chief adopts 29842
under section 1571.11 of the Revised Code. Consistent with the 29843
requirement for reasonable notice each such hearing shall be held 29844
promptly after the filing of the request therefor. Any person 29845
having a direct interest in the matter to be heard shall be 29846
entitled to appear and be heard in person or by attorney. The 29847
division may present at such hearing any evidence that is material 29848
to the matter being heard and that has come to the division's 29849
attention in any investigation or inspection made pursuant to this 29850
chapter.29851

       (C) For the purpose of conducting such a hearing the chief 29852
may require the attendance of witnesses and the production of 29853
books, records, and papers, and the chief may, and at the request 29854
of any person having a direct interest in the matter being heard, 29855
the chief shall, issue subpoenas for witnesses or subpoenas duces 29856
tecum to compel the production of any books, records, or papers, 29857
directed to the sheriffs of the counties where such witnesses are 29858
found, which subpoenas shall be served and returned in the same 29859
manner as subpoenas in criminal cases are served and returned. The 29860
fees of sheriffs shall be the same as those allowed by the court 29861
of common pleas in criminal cases. Witnesses shall be paid the 29862
fees and mileage provided for under section 119.094 of the Revised 29863
Code. Such fee and mileage expenses shall be paid in advance by 29864
the persons at whose request they are incurred, and the remainder 29865
of such expenses shall be paid out of funds appropriated for the 29866
expenses of the division.29867

       In case of disobedience or neglect of any subpoena served on 29868
any person, or the refusal of any witness to testify to any matter 29869
regarding which the witness may be lawfully interrogated, the 29870
court of common pleas of the county in which such disobedience, 29871
neglect, or refusal occurs, or any judge thereof, on application 29872
of the chief, shall compel obedience by attachment proceedings for 29873
contempt as in the case of disobedience of the requirements of a 29874
subpoena issued from such court or a refusal to testify therein. 29875
Witnesses at such hearings shall testify under oath, and the chief 29876
may administer oaths or affirmations to persons who so testify.29877

       (D) With the consent of the chief, the testimony of any 29878
witness may be taken by deposition at the instance of a party to 29879
any hearing before the chief at any time after hearing has been 29880
formally commenced. The chief may, of the chief's own motion, 29881
order testimony to be taken by deposition at any stage in any 29882
hearing, proceeding, or investigation pending before the chief. 29883
Such deposition shall be taken in the manner prescribed by the 29884
laws of this state for taking depositions in civil cases in courts 29885
of record.29886

       (E) After the conclusion of a hearing the chief shall make a 29887
determination and finding of facts. Every adjudication, 29888
determination, or finding by the chief shall be made by written 29889
order and shall contain a written finding by the chief of the 29890
facts upon which the adjudication, determination, or finding is 29891
based. Notice of the making of such order shall be given to the 29892
persons whose rights, duties, or privileges are affected thereby, 29893
by sending a certified copy thereof by registered mail to each of 29894
such persons.29895

       Adjudications, determinations, findings, and orders made by 29896
the chief shall not be governed by, or be subject to, Chapter 119. 29897
of the Revised Code.29898

       Sec. 1571.11.  The chief of the division of mineraloil and 29899
gas resources management shall adopt rules governing 29900
administrative procedures to be followed in the administration of 29901
this chapter, which shall be of general application in all matters 29902
and to all persons affected by this chapter.29903

       No rule adopted by the chief pursuant to this section shall 29904
be effective until the tenth day after a certified copy thereof 29905
has been filed in the office of the secretary of state.29906

       All rules filed in the office of the secretary of state 29907
pursuant to this section shall be recorded by the secretary of 29908
state under a heading entitled "Regulations relating to the 29909
storage of gas in underground gas storage reservoirs" and shall be 29910
numbered consecutively under such heading and shall bear the date 29911
of filing. Such rules shall be public records open to public 29912
inspection.29913

       No rule filed in the office of the secretary of state 29914
pursuant to this section shall be amended except by a rule that 29915
contains the entire rule as amended and that repeals the rule 29916
amended. Each rule that amends a rule shall bear the same 29917
consecutive rule number as the number of the rule that it amends, 29918
and it shall bear the date of filing.29919

       No rule filed in the office of the secretary of state 29920
pursuant to this section shall be repealed except by a rule. Each 29921
rule that repeals a rule shall bear the same consecutive rule 29922
number as the number of the rule that it repeals, and it shall 29923
bear the date of filing.29924

       The authority and the duty of the chief to adopt rules as 29925
provided in this section shall not be governed by, or be subject 29926
to Chapter 119. of the Revised Code.29927

       The chief shall have available at all times copies of all 29928
rules adopted pursuant to this section, and shall furnish same 29929
free of charge to any person requesting same.29930

       Sec. 1571.14.  Any person claiming to be aggrieved or 29931
adversely affected by an order of the chief of the division of 29932
mineraloil and gas resources management made as provided in 29933
section 1571.10 or 1571.16 of the Revised Code may appeal to the 29934
director of natural resources for an order vacating or modifying 29935
such order. Upon receipt of the appeal, the director shall appoint 29936
an individual who has knowledge of the laws and rules regarding 29937
the underground storage of gas and who shall act as a hearing 29938
officer in accordance with Chapter 119. of the Revised Code in 29939
hearing the appeal.29940

       The person appealing to the director shall be known as 29941
appellant and the chief shall be known as appellee. The appellant 29942
and the appellee shall be deemed parties to the appeal.29943

       The appeal shall be in writing and shall set forth the order 29944
complained of and the grounds upon which the appeal is based. The 29945
appeal shall be filed with the director within thirty days after 29946
the date upon which appellant received notice by registered mail 29947
of the making of the order complained of, as required by section 29948
1571.10 of the Revised Code. Notice of the filing of such appeal 29949
shall be delivered by appellant to the chief within three days 29950
after the appeal is filed with the director.29951

       Within seven days after receipt of the notice of appeal the 29952
chief shall prepare and certify to the director at the expense of 29953
appellant a complete transcript of the proceedings out of which 29954
the appeal arises, including a transcript of the testimony 29955
submitted to the chief.29956

       Upon the filing of the appeal the director shall fix the time 29957
and place at which the hearing on the appeal will be held, and 29958
shall give appellant and the chief at least ten days' written 29959
notice thereof by mail. The director may postpone or continue any 29960
hearing upon the director's own motion or upon application of 29961
appellant or of the chief.29962

       The filing of an appeal provided for in this section does not 29963
automatically suspend or stay execution of the order appealed 29964
from, but upon application by the appellant the director may 29965
suspend or stay such execution pending determination of the appeal 29966
upon such terms as the director deems proper.29967

       The hearing officer appointed by the director shall hear the 29968
appeal de novo, and either party to the appeal may submit such 29969
evidence as the hearing officer deems admissible.29970

       For the purpose of conducting a hearing on an appeal, the 29971
hearing officer may require the attendance of witnesses and the 29972
production of books, records, and papers, and may, and at the 29973
request of any party shall, issue subpoenas for witnesses or 29974
subpoenas duces tecum to compel the production of any books, 29975
records, or papers, directed to the sheriffs of the counties where 29976
such witnesses are found, which subpoenas shall be served and 29977
returned in the same manner as subpoenas in criminal cases are 29978
served and returned. The fees of sheriffs shall be the same as 29979
those allowed by the court of common pleas in criminal cases. 29980
Witnesses shall be paid the fees and mileage provided for under 29981
section 119.094 of the Revised Code. Such fee and mileage expenses 29982
incurred at the request of appellant shall be paid in advance by 29983
appellant, and the remainder of such expenses shall be paid out of 29984
funds appropriated for the expenses of the division of mineraloil 29985
and gas resources management.29986

       In case of disobedience or neglect of any subpoena served on 29987
any person, or the refusal of any witness to testify to any matter 29988
regarding which the witness may be lawfully interrogated, the 29989
court of common pleas of the county in which such disobedience, 29990
neglect, or refusal occurs, or any judge thereof, on application 29991
of the director, shall compel obedience by attachment proceedings 29992
for contempt as in the case of disobedience of the requirements of 29993
a subpoena issued from such court or a refusal to testify therein. 29994
Witnesses at such hearings shall testify under oath, and the 29995
hearing officer may administer oaths or affirmations to persons 29996
who so testify.29997

       At the request of any party to the appeal, a stenographic or 29998
electronic record of the testimony and other evidence submitted 29999
shall be taken by an official court shorthand reporter at the 30000
expense of the party making the request thereforfor the record. 30001
The record shall include all of the testimony and other evidence 30002
and the rulings on the admissibility thereof presented at the 30003
hearing. The hearing officer shall pass upon the admissibility of 30004
evidence, but any party may at the time object to the admission of 30005
any evidence and except to the ruling of the hearing officer 30006
thereon, and if the hearing officer refuses to admit evidence, the 30007
party offering same may make a proffer thereof, and such proffer 30008
shall be made a part of the record of such hearing.30009

       If upon completion of the hearing the hearing officer finds 30010
that the order appealed from was lawful and reasonable, the 30011
hearing officer shall make a written order affirming the order 30012
appealed from. If the hearing officer finds that such order was 30013
unreasonable or unlawful, the hearing officer shall make a written 30014
order vacating the order appealed from and making the order that 30015
it finds the chief should have made. Every order made by the 30016
hearing officer shall contain a written finding by the hearing 30017
officer of the facts upon which the order is based. Notice of the 30018
making of such order shall be given forthwith to each party to the 30019
appeal by mailing a certified copy thereof to each such party by 30020
registered mail.30021

       Sec. 1571.16.  (A) The gas storage well inspector or any 30022
person having a direct interest in the subject matter of this 30023
chapter may file with the division of mineraloil and gas30024
resources management a complaint in writing stating that a person 30025
is violating, or is about to violate, a provision or provisions of 30026
this chapter, or has done, or is about to do, an act, matter, or 30027
thing therein prohibited or declared to be unlawful, or has 30028
failed, omitted, neglected, or refused, or is about to fail, omit, 30029
neglect, or refuse, to perform a duty enjoined upon the person by 30030
this chapter. Upon the filing of such a complaint, the chief of 30031
the division of mineraloil and gas resources management shall 30032
promptly fix the time for the holding of a hearing on such 30033
complaint and shall send by registered mail to the person so 30034
complained of, a copy of such complaint together with at least 30035
five days' notice of the time and place at which such hearing will 30036
be held. Such notice of such hearing shall also be given to all 30037
persons having a direct interest in the matters complained of in 30038
such complaint. Such hearing shall be conducted in the same 30039
manner, and the chief and persons having a direct interest in the 30040
matter being heard, shall have the same powers, rights, and duties 30041
as provided in divisions (B), (C), (D), and (E) of section 1571.10 30042
of the Revised Code, in connection with hearings by the chief, 30043
provided that if after conclusion of the hearing the chief finds 30044
that the charges against the person complained of, as stated in 30045
such complaint, have not been sustained by a preponderance of 30046
evidence, the chief shall make an order dismissing the complaint, 30047
and if the chief finds that the charges have been so sustained, 30048
the chief shall by appropriate order require compliance with those 30049
provisions.30050

       (B) Whenever the chief is of the opinion that any person is 30051
violating, or is about to violate, any provision of this chapter, 30052
or has done, or is about to do, any act, matter, or thing therein 30053
prohibited or declared to be unlawful, or has failed, omitted, 30054
neglected, or refused, or is about to fail, omit, neglect, or 30055
refuse, to perform any duty enjoined upon the person by this 30056
chapter, or has failed, omitted, neglected, or refused, or is 30057
about to fail, omit, neglect, or refuse, to obey any lawful 30058
requirement or order made by the chief, or any final judgment, 30059
order, or decree made by any court pursuant to this chapter, then 30060
and in every such case, the chief may institute in a court of 30061
competent jurisdiction of the county or counties wherein the 30062
operation is situated, an action to enjoin or restrain such 30063
violations or to enforce obedience with law or the orders of the 30064
chief. No injunction bond shall be required to be filed in any 30065
such proceeding. Such persons or corporations as the court may 30066
deem necessary or proper to be joined as parties in order to make 30067
its judgment, order, or writ effective may be joined as parties. 30068
An appeal may be taken as in other civil actions.30069

       (C) In addition to the other remedies as provided in 30070
divisions (A) and (B) of this section, any reservoir operator or 30071
coal mine operator affected by this chapter may proceed by 30072
injunction or other appropriate remedy to restrain violations or 30073
threatened violations of this chapter or of orders of the chief, 30074
or of the hearing officer appointed under section 1571.14 of the 30075
Revised Code, or the judgments, orders, or decrees of any court or 30076
to enforce obedience therewith.30077

       (D) Each remedy prescribed in divisions (A), (B), and (C) of 30078
this section is deemed concurrent or contemporaneous with each 30079
other remedy prescribed therein, and the existence or exercise of 30080
any one such remedy shall not prevent the exercise of any other 30081
such remedy.30082

       (E) The provisions of this chapter providing for conferences, 30083
hearings by the chief, appeals to the hearing officer from orders 30084
of the chief, and appeals to the court of common pleas from orders 30085
of the hearing officer, and the remedies prescribed in divisions 30086
(A), (B), (C), and (D) of this section, do not constitute the 30087
exclusive procedure that a person, who deems the person's rights 30088
to be unlawfully affected by any official action taken thereunder, 30089
must pursue in order to protect and preserve such rights, nor does 30090
this chapter constitute a procedure that such a person must pursue 30091
before the person may lawfully proceed by other actions, legal or 30092
equitable, to protect and preserve such rights.30093

       Sec. 1571.18. After the effective date of this sectionJune 30094
30, 2010, and not later than the thirty-first day of March each 30095
year, the owner of a well that is used for gas storage or of a 30096
well that is used to monitor a gas storage reservoir and that is 30097
located in a reservoir protective area shall pay to the chief of 30098
the division of mineraloil and gas resources management a gas 30099
storage well regulatory fee of one hundred twenty-five dollars for 30100
each well that the owner owned as of the thirty-first day of 30101
December of the previous year for the purposes of administering 30102
this chapter and Chapter 1509. of the Revised Code. The chief may 30103
prescribe and provide a form for the collection of the fee imposed 30104
by this section and may adopt rules in accordance with Chapter 30105
119. of the Revised Code that are necessary for the administration 30106
of this section.30107

       All money collected under this section shall be deposited in 30108
the state treasury to the credit of the oil and gas well fund 30109
created in section 1509.02 of the Revised Code.30110

       Sec. 1571.99.  Any person who purposely violates any order of 30111
the chief of the division of mineraloil and gas resources 30112
management, of a hearing officer appointed by the director of 30113
natural resources under section 1571.14 of the Revised Code, or of 30114
the director, made pursuant to this chapter shall be punished by a 30115
fine not exceeding two thousand dollars, or imprisoned in jail for 30116
a period not exceeding twelve months, or both, in the discretion 30117
of the court.30118

       Sec. 1701.07.  (A) Every corporation shall have and maintain 30119
an agent, sometimes referred to as the "statutory agent," upon 30120
whom any process, notice, or demand required or permitted by 30121
statute to be served upon a corporation may be served. The agent 30122
may be a natural person who is a resident of this state or may be 30123
a domestic corporation or a foreign corporation holding a license 30124
as such under the laws of this state, that is authorized by its 30125
articles of incorporation to act as such agent and that has a 30126
business address in this state.30127

       (B) The secretary of state shall not accept original articles 30128
for filing unless there is filed with the articles a written 30129
appointment of an agent that is signed by the incorporators of the 30130
corporation or a majority of them and a written acceptance of the 30131
appointment that is signed by the agent. In all other cases, the 30132
corporation shall appoint the agent and shall file in the office 30133
of the secretary of state a written appointment of the agent that 30134
is signed by any authorized officer of the corporation and a 30135
written acceptance of the appointment that is either the original 30136
acceptance signed by the agent or a photocopy, facsimile, or 30137
similar reproduction of the original acceptance signed by the 30138
agent.30139

       (C) The written appointment of an agent shall set forth the 30140
name and address in this state of the agent, including the street 30141
and number or other particular description, and shall otherwise be 30142
in such form as the secretary of state prescribes. The secretary 30143
of state shall keep a record of the names of corporations, and the 30144
names and addresses of their respective agents.30145

       (D) If any agent dies, removes from the state, or resigns, 30146
the corporation shall forthwith appoint another agent and file 30147
with the secretary of state, on a form prescribed by the secretary 30148
of state, a written appointment of the agent.30149

       (E) If the agent changes the agent's address from that 30150
appearing upon the record in the office of the secretary of state, 30151
the corporation or the agent shall forthwith file with the 30152
secretary of state, on a form prescribed by the secretary of 30153
state, a written statement setting forth the new address.30154

       (F) An agent may resign by filing with the secretary of 30155
state, on a form prescribed by the secretary of state, a written 30156
notice to that effect that is signed by the agent and by sending a 30157
copy of the notice to the corporation at the current or last known 30158
address of its principal office on or prior to the date the notice 30159
is filed with the secretary of state. The notice shall set forth 30160
the name of the corporation, the name and current address of the 30161
agent, the current or last known address, including the street and 30162
number or other particular description, of the corporation's 30163
principal office, the resignation of the agent, and a statement 30164
that a copy of the notice has been sent to the corporation within 30165
the time and in the manner prescribed by this division. Upon the 30166
expiration of thirty days after the filing, the authority of the 30167
agent shall terminate.30168

       (G) A corporation may revoke the appointment of an agent by 30169
filing with the secretary of state, on a form prescribed by the 30170
secretary of state, a written appointment of another agent and a 30171
statement that the appointment of the former agent is revoked.30172

       (H) Any process, notice, or demand required or permitted by 30173
statute to be served upon a corporation may be served upon the 30174
corporation by delivering a copy of it to its agent, if a natural 30175
person, or by delivering a copy of it at the address of its agent 30176
in this state, as the address appears upon the record in the 30177
office of the secretary of state. If (1) the agent cannot be 30178
found, or (2) the agent no longer has that address, or (3) the 30179
corporation has failed to maintain an agent as required by this 30180
section, and if in any such case the party desiring that the 30181
process, notice, or demand be served, or the agent or 30182
representative of the party, shall have filed with the secretary 30183
of state an affidavit stating that one of the foregoing conditions 30184
exists and stating the most recent address of the corporation that 30185
the party after diligent search has been able to ascertain, then 30186
service of process, notice, or demand upon the secretary of state, 30187
as the agent of the corporation, may be initiated by delivering to 30188
the secretary of state or at the secretary of state's office 30189
quadruplicate copies of such process, notice, or demand and by 30190
paying to the secretary of state a fee of five dollars. The 30191
secretary of state shall forthwith give notice of the delivery to 30192
the corporation at its principal office as shown upon the record 30193
in the secretary of state's office and at any different address 30194
shown on its last franchise tax report filed in this state, or to 30195
the corporation at any different address set forth in the above 30196
mentioned affidavit, and shall forward to the corporation at said 30197
addresses, by certified mail, with request for return receipt, a 30198
copy of the process, notice, or demand; and thereupon service upon 30199
the corporation shall be deemed to have been made.30200

       (I) The secretary of state shall keep a record of each 30201
process, notice, and demand delivered to the secretary of state or 30202
at the secretary of state's office under this section or any other 30203
law of this state that authorizes service upon the secretary of 30204
state, and shall record the time of the delivery and the action 30205
thereafter with respect thereto.30206

       (J) This section does not limit or affect the right to serve 30207
any process, notice, or demand upon a corporation in any other 30208
manner permitted by law.30209

       (K) Every corporation shall state in each annual report filed 30210
by it with the department of taxation the name and address of its 30211
statutory agent.30212

       (L) Except when an original appointment of an agent is filed 30213
with the original articles, a written appointment of an agent or a 30214
written statement filed by a corporation with the secretary of 30215
state shall be signed by any authorized officer of the corporation 30216
or by the incorporators of the corporation or a majority of them 30217
if no directors have been elected.30218

       (M) For filing a written appointment of an agent other than 30219
one filed with original articles, and for filing a statement of 30220
change of address of an agent, the secretary of state shall charge 30221
and collect the fee specified in division (R) of section 111.16 of 30222
the Revised Code.30223

       (N) Upon the failure of a corporation to appoint another 30224
agent or to file a statement of change of address of an agent, the 30225
secretary of state shall give notice thereof by certifiedordinary 30226
or electronic mail to the corporation at the electronic mail 30227
address provided to the secretary of state, or at the address set 30228
forth in the notice of resignation or on the last franchise tax 30229
return filed in this state by the corporation. Unless the default 30230
is cured within thirty days after the mailing by the secretary of 30231
state of the notice or within any further period of time that the 30232
secretary of state grants, upon the expiration of that period of 30233
time from the date of the mailing, the articles of the corporation 30234
shall be canceled without further notice or action by the 30235
secretary of state. The secretary of state shall make a notation 30236
of the cancellation on the secretary of state's records.30237

       A corporation whose articles have been canceled may be 30238
reinstated by filing, on a form prescribed by the secretary of 30239
state, an application for reinstatement and the required 30240
appointment of agent or required statement, and by paying the 30241
filing fee specified in division (Q) of section 111.16 of the 30242
Revised Code. The rights, privileges, and franchises of a 30243
corporation whose articles have been reinstated are subject to 30244
section 1701.922 of the Revised Code. The secretary of state shall 30245
furnish the tax commissioner a monthly list of all corporations 30246
canceled and reinstated under this division.30247

       (O) This section does not apply to banks, trust companies, 30248
insurance companies, or any corporation defined under the laws of 30249
this state as a public utility for taxation purposes.30250

       Sec. 1702.59.  (A) Every nonprofit corporation, incorporated 30251
under the general corporation laws of this state, or previous 30252
laws, or under special provisions of the Revised Code, or created 30253
before September 1, 1851, which corporation has expressedly or 30254
impliedly elected to be governed by the laws passed since that 30255
date, and whose articles or other documents are filed with the 30256
secretary of state, shall file with the secretary of state a 30257
verified statement of continued existence, signed by a director, 30258
officer, or three members in good standing, setting forth the 30259
corporate name, the place where the principal office of the 30260
corporation is located, the date of incorporation, the fact that 30261
the corporation is still actively engaged in exercising its 30262
corporate privileges, and the name and address of its agent 30263
appointed pursuant to section 1702.06 of the Revised Code.30264

       (B) Each corporation required to file a statement of 30265
continued existence shall file it with the secretary of state 30266
within each five years after the date of incorporation or of the 30267
last corporate filing.30268

       (C) Corporations specifically exempted by division (N) of 30269
section 1702.06 of the Revised Code, or whose activities are 30270
regulated or supervised by another state official, agency, bureau, 30271
department, or commission are exempted from this section.30272

       (D) The secretary of state shall give notice in writingby 30273
ordinary or electronic mail and provide a form for compliance with 30274
this section to each corporation required by this section to file 30275
the statement of continued existence, such notice and form to be 30276
mailed to the last known physical or electronic mail address of 30277
the corporation as it appears on the records of the secretary of 30278
state or which the secretary of state may ascertain upon a 30279
reasonable search.30280

       (E) If any nonprofit corporation required by this section to 30281
file a statement of continued existence fails to file the 30282
statement required every fifth year, then the secretary of state 30283
shall cancel the articles of such corporation, make a notation of 30284
the cancellation on the records, and mail to the corporation a 30285
certificate of the action so taken.30286

       (F) A corporation whose articles have been canceled may be 30287
reinstated by filing an application for reinstatement and paying 30288
to the secretary of state the fee specified in division (Q) of 30289
section 111.16 of the Revised Code. The name of a corporation 30290
whose articles have been canceled shall be reserved for a period 30291
of one year after the date of cancellation. If the reinstatement 30292
is not made within one year from the date of the cancellation of 30293
its articles of incorporation and it appears that a corporate 30294
name, limited liability company name, limited liability 30295
partnership name, limited partnership name, or trade name has been 30296
filed, the name of which is not distinguishable upon the record as 30297
provided in section 1702.06 of the Revised Code, the applicant for 30298
reinstatement shall be required by the secretary of state, as a 30299
condition prerequisite to such reinstatement, to amend its 30300
articles by changing its name. A certificate of reinstatement may 30301
be filed in the recorder's office of any county in the state, for 30302
which the recorder shall charge and collect a base fee of one 30303
dollar for services and a housing trust fund fee of one dollar 30304
pursuant to section 317.36 of the Revised Code. The rights, 30305
privileges, and franchises of a corporation whose articles have 30306
been reinstated are subject to section 1702.60 of the Revised 30307
Code.30308

       (G) The secretary of state shall furnish the tax commissioner 30309
a list of all corporations failing to file the required statement 30310
of continued existence.30311

       Sec. 1703.031.  (A) If the laws of the United States 30312
prohibit, preempt, or otherwise eliminate the licensing 30313
requirement of sections 1703.01 to 1703.31 of the Revised Code 30314
with respect to a corporation that is a bank, savings bank, or 30315
savings and loan association chartered under the laws of the 30316
United States, the main office of which is located in another 30317
state, the bank, savings bank, or savings and loan association 30318
shall notify the secretary of state that it is transacting 30319
business in this state by submitting a notice in such form as the 30320
secretary of state prescribes. The notice shall be verified by the 30321
oath of the president, vice-president, secretary, or treasurer of 30322
the bank, savings bank, or savings and loan association, and shall 30323
set forth all of the following:30324

       (1) The name of the corporation and any trade name under 30325
which it will do business in this state;30326

       (2) The location and complete address, including the county, 30327
of its main office in another state and its principal office, if 30328
any, in this state;30329

       (3) The appointment of a designated agent and the complete 30330
address of such agent in this state, which agent may be a natural 30331
person who is a resident of this state, or may be a domestic 30332
corporation for profit or a foreign corporation for profit holding 30333
a license as such under the laws of this state, provided that the 30334
domestic or foreign corporation has a business address in this 30335
state and is authorized by its articles of incorporation to act as 30336
such agent;30337

       (4) The irrevocable consent of the corporation to service of 30338
process on such agent so long as the authority of the agent 30339
continues and to service of process upon the secretary of state in 30340
the events provided for in section 1703.19 of the Revised Code;30341

       (5) A brief summary of the business to be transacted within 30342
this state.30343

       (B) The notice required by this section shall be accompanied 30344
by a certificate of good standing or subsistence, dated not 30345
earlier than sixty days prior to the submission of the notice, 30346
under the seal of the proper official of the agency of the United 30347
States that incorporated the bank, savings bank, or savings and 30348
loan association, setting forth the exact corporate title, the 30349
date of incorporation, and the fact that the bank, savings bank, 30350
or savings and loan association is in good standing or is a 30351
subsisting bank, savings bank, or savings and loan association.30352

       (C) Upon submission of the notice, a bank, savings bank, or 30353
savings and loan association shall pay a filing fee of one hundred 30354
dollars to the secretary of state as required by section 111.16 of 30355
the Revised Code.30356

       (D)(1) No such notice shall be accepted for filing if it 30357
appears that the name of the bank, savings bank, or savings and 30358
loan association is any of the following:30359

       (a) Prohibited by law;30360

       (b) Not distinguishable upon the records in the office of the 30361
secretary of state from the name of a limited liability company, 30362
whether domestic or foreign, or any other corporation, whether 30363
nonprofit or for profit and whether that of a domestic corporation 30364
or of a foreign corporation authorized to transact business in 30365
this state, unless there is also filed with the secretary of state 30366
the consent of the other limited liability company or corporation 30367
to the use of the name, evidenced in a writing signed by any 30368
authorized representative or authorized officer of the other 30369
limited liability company or corporation;30370

       (c) Not distinguishable upon the records in the office of the 30371
secretary of state from a trade name, the exclusive right to which 30372
is at the time in question registered in the manner provided in 30373
Chapter 1329. of the Revised Code, unless there also is filed with 30374
the secretary of state the consent of the other corporation or 30375
person to the use of the name, evidenced in a writing signed by 30376
any authorized officer of the other corporation or authorized 30377
party of the other person owning the exclusive right to the 30378
registered trade name.30379

       (2) Notwithstanding division (D)(1)(b) of this section, if a 30380
notice is not acceptable for filing solely because the name of the 30381
bank, savings bank, or savings and loan association is not 30382
distinguishable from the name of another corporation or registered 30383
trade name, the bank, savings bank, or savings and loan 30384
association may be authorized to transact business in this state 30385
by filing with the secretary of state, in addition to those items 30386
otherwise prescribed by this section, a statement signed by an 30387
authorized officer directing the bank, savings bank, or savings 30388
and loan association to transact business in this state under an 30389
assumed business name or names that comply with the requirements 30390
of division (D) of this section and stating that the bank, savings 30391
bank, or savings and loan association will transact business in 30392
this state only under the assumed name or names.30393

       (E) The secretary of state shall provide evidence of receipt 30394
of notice to each bank, savings bank, or savings and loan 30395
association that submits a notice required by this section.30396

       Sec. 1703.07.  If a foreign corporation has merged or 30397
consolidated with one or more foreign corporations, it shall file 30398
with the secretary of state a certificate setting forth the fact 30399
of merger or consolidation, certified by the secretary of state, 30400
or other proper official, of the state under the laws of which the 30401
foreign corporation was incorporated.30402

       The secretary of state, before filing a certificate 30403
evidencing a foreign corporation's merger or consolidation, shall 30404
charge and collect from the foreign corporation a filing fee of 30405
ten dollarsas required by section 111.16 of the Revised Code.30406

       Sec. 1707.11.  (A) Each person that is not organized under 30407
the laws of this state, that is not licensed under section 1703.03 30408
of the Revised Code, or that does not have its principal place of 30409
business in this state, shall submit to the division of securities 30410
an irrevocable consent to service of process, as described in 30411
division (B) of this section, in connection with any of the 30412
following:30413

       (1) Filings to claim any of the exemptions enumerated in 30414
division (Q), (W), (X), or (Y) of section 1707.03 of the Revised 30415
Code;30416

       (2) Applications for registration by description, 30417
qualification, or coordination;30418

       (3) Notice filings pursuant to section 1707.092 of the 30419
Revised Code.30420

       (B) The irrevocable written consent shall be executed and 30421
acknowledged by an individual duly authorized to give the consent 30422
and shall do all of the following:30423

       (1) Designate the secretary of state as agent for service of 30424
process or pleadings;30425

       (2) State that actions growing out of the sale of such 30426
securities, the giving of investment advice, or fraud committed by 30427
a person on whose behalf the consent is submitted may be commenced 30428
against the person, in the proper court of any county in this 30429
state in which a cause of action may arise or in which the 30430
plaintiff in the action may reside, by serving on the secretary of 30431
state any proper process or pleading authorized by the laws of 30432
this state;30433

       (3) Stipulate that service of process or pleading on the 30434
secretary of state shall be taken in all courts to be as valid and 30435
binding as if service had been made upon the person on whose 30436
behalf the consent is submitted.30437

       (C) Notwithstanding any application, form, or other material 30438
filed with or submitted to the division that purports to appoint 30439
as agent for service of process a person other than the secretary 30440
of state, the application, form, or other material shall be 30441
considered to appoint the secretary of state as agent for service 30442
of process.30443

       (D) Service of any process or pleadings may be made on the 30444
secretary of state by duplicate copies, of which one shall be 30445
filed in the office of the secretary of state, and the other 30446
immediately forwarded by the secretary of state by certified mail 30447
to the principal place of business of the person on whose behalf 30448
the consent is submitted or to the last known address as shown on 30449
the filing made with the division. However, failure to mail such 30450
copy does not invalidate the service.30451

       (E) Notwithstanding any provision of this chapter, or of any 30452
rule adopted by the division of securities under this chapter, 30453
that requires the submission of a consent to service of process, 30454
the division may provide by rule for the electronic filing or 30455
submission of a consent to service of process.30456

       Sec. 1707.17.  (A)(1) The license of every dealer in and 30457
salesperson of securities shall expire on the thirty-first day of 30458
December of each year, and may be renewed upon the filing with the 30459
division of securities of an application for renewal, and the 30460
payment of the fee prescribed in this section. The division shall 30461
give notice, without unreasonable delay, of its action on any 30462
application for renewal of a dealer's or salesperson's license.30463

       (2) The license of every investment adviser and investment 30464
adviser representative licensed under section 1707.141 or 1707.161 30465
of the Revised Code shall expire on the thirty-first day of 30466
December of each year. The licenses may be renewed upon the filing 30467
with the division of an application for renewal, and the payment 30468
of the fee prescribed in division (B) of this section. The 30469
division shall give notice, without unreasonable delay, of its 30470
action on any application for renewal.30471

       (3) An investment adviser required to make a notice filing 30472
under division (B) of section 1707.141 of the Revised Code 30473
annually shall file with the division the notice filing and the 30474
fee prescribed in division (B) of this section, no later than the 30475
thirty-first day of December of each year.30476

       (4) The license of every state retirement system investment 30477
officer licensed under section 1707.163 of the Revised Code and 30478
the license of a bureau of workers' compensation chief investment 30479
officer issued under section 1707.165 of the Revised Code shall 30480
expire on the thirtieth day of June of each year. The licenses may 30481
be renewed on the filing with the division of an application for 30482
renewal, and the payment of the fee prescribed in division (B) of 30483
this section. The division shall give notice, without unreasonable 30484
delay, of its action on any application for renewal.30485

       (B)(1) The fee for each dealer's license, and for each annual 30486
renewal thereof, shall be two hundred dollars. 30487

       (2) The fee for each salesperson's license, and for each 30488
annual renewal thereof, shall be sixty dollars. 30489

       (3) The fee for each investment adviser's license, and for 30490
each annual renewal thereof, shall be one hundred dollars.30491

       (4) The fee for each investment adviser notice filing 30492
required by division (B) of section 1707.141 of the Revised Code 30493
shall be one hundred dollars.30494

       (5) The fee for each investment adviser representative's 30495
license, and for each annual renewal thereof, shall be thirty-five 30496
dollars.30497

       (6) The fee for each state retirement system investment 30498
officer's license, and for each annual renewal thereof, shall be 30499
fifty dollars.30500

       (7) The fee for a bureau of workers' compensation chief 30501
investment officer's license, and for each annual renewal thereof, 30502
shall be fifty dollars.30503

       (C) A dealer's, salesperson's, investment adviser's, 30504
investment adviser representative's, bureau of workers' 30505
compensation chief investment officer's, or state retirement 30506
system investment officer's license may be issued at any time for 30507
the remainder of the calendar year. In that event, the annual fee 30508
shall not be reduced.30509

       (D) The division may, by rule or order, waive, in whole or in 30510
part, any of the fee requirements of this section for any person 30511
or class of persons if the imposition or waiver is appropriate in 30512
the public interest and for the protection of securities 30513
investors.30514

       Sec. 1711.05.  Every county agricultural society annually 30515
shall publish an abstract of its treasurer's account in a 30516
newspaper of general circulation in the county and make a report 30517
of its proceedings during the year. It shall also make, in 30518
accordance with the rules of the department of agriculture, a 30519
synopsis of its awards for improvement in agriculture and in 30520
household manufactures and forward such synopsis to the director 30521
of agriculture at or before the annual meeting of the directors of 30522
the society with the director of agriculture, as provided for in 30523
section 901.06 of the Revised Code. No payment after such date 30524
shall be made from the county treasury to such society unless a 30525
certificate from the director is presented to the county auditor 30526
showing that such reports have been made.30527

       Sec. 1711.07.  The board of directors of a county or 30528
independent agricultural society shall consist of at least eight 30529
members. An employee of the Ohio state university extension 30530
service and the county school superintendent shall be members ex 30531
officio. Their terms of office shall be determined by the rules of 30532
the department of agriculture. Any vacancy in the board caused by 30533
death, resignation, refusal to qualify, removal from county, or 30534
other cause may be filled by the board until the society's next 30535
annual election, when a director shall be elected for the 30536
unexpired term. There shall be an annual election of directors by 30537
ballot at a time and a place fixed by the board, but this election 30538
shall not be held later than the first Saturday in December 1994, 30539
and not later than the fifteenth day of November each year 30540
thereafter, beginning in 1995. The secretary of the society shall 30541
give notice of such election, for three weeks prior to the holding 30542
thereof, in at least two newspapersa newspaper of opposite 30543
politics and of general circulation in the county or as provided 30544
in section 7.16 of the Revised Code, or by letter mailed to each 30545
member of the society. Only persons holding membership 30546
certificates at the close of the annual county fair, or at least 30547
fifteen calendar days before the date of election, as may be fixed 30548
by the board, may vote, unless such election is held on the 30549
fairground during the fair, in which case all persons holding 30550
membership certificates on the date and hour of the election may 30551
vote. When the election is to be held during the fair, notice of 30552
such election must be prominently mentioned in the premium list, 30553
in addition to the notice required in newspapersa newspaper. The 30554
terms of office of the retiring directors shall expire, and those 30555
of the directors-elect shall begin, not later than the first 30556
Saturday in January 1995, and not later than the thirtieth day of 30557
November each year thereafter, beginning in 1995.30558

       The secretary of such society shall send the name and address 30559
of each member of its board to the director of agriculture within 30560
ten days after the election.30561

       Sec. 1711.18.  In a county in which there is a county 30562
agricultural society indebted fifteen thousand dollars or more, 30563
and such society has purchased a fairground or title to such 30564
fairground is vested in fee in the county, the board of county 30565
commissioners, upon the presentation of a petition signed by not 30566
less than five hundred resident electors of the county praying for 30567
the submission to the electors of the county of the question 30568
whether or not county bonds shall be issued and sold to liquidate 30569
such indebtedness, shall, by resolution within ten days 30570
thereafter, fix a date, which shall be within thirty days, upon 30571
which the question of issuing and selling such bonds, in the 30572
necessary amount and denomination, shall be submitted to the 30573
electors of the county. The board also shall cause a copy of such 30574
resolution to be certified to the county board of elections and 30575
such board of elections, within ten days after such certification, 30576
shall proceed to make the necessary arrangements for the 30577
submission of such question to such electors at the time fixed by 30578
such resolution.30579

       Such election shall be held at the regular places of voting 30580
in the county and shall be conducted, canvassed, and certified, 30581
except as otherwise provided by law, as are elections of county 30582
officers. The county board of elections must give fifteen days' 30583
notice of such submission by publication in one or more newspapers 30584
publisheda newspaper of general circulation in the county once a 30585
week for two consecutive weeks or as provided in section 7.16 of 30586
the Revised Code, stating the amount of bonds to be issued, the 30587
purpose for which they are to be issued, and the time and places 30588
of holding such election. Those who vote in favor of the 30589
proposition shall have written or printed on their ballots "for 30590
the issue of bonds" and those who vote against it shall have 30591
written or printed on their ballots "against the issue of bonds." 30592
If a majority of those voting upon the question of issuing the 30593
bonds vote in favor thereof, then and only then shall they be 30594
issued and the tax provided for in section 1711.20 of the Revised 30595
Code be levied.30596

       Sec. 1711.30.  Before issuing bonds under section 1711.28 of 30597
the Revised Code, the board of county commissioners, by 30598
resolution, shall submit to the qualified electors of the county 30599
at the next general election for county officers, held not less 30600
than ninety days after receiving from the county agricultural 30601
society the notice provided for in section 1711.25 of the Revised 30602
Code, the question of issuing and selling such bonds in such 30603
amount and denomination as are necessary for the purpose in view, 30604
and shall certify a copy of such resolution to the county board of 30605
elections.30606

       The county board of elections shall place the question of 30607
issuing and selling such bonds upon the ballot and make all other 30608
necessary arrangements for the submission, at the time fixed by 30609
such resolution, of such question to such electors. The votes cast 30610
at such election upon such question must be counted, canvassed, 30611
and certified in the same manner, except as provided by law, as 30612
votes cast for county officers. Fifteen days' notice of such 30613
submission shall be given by the county board of elections, by 30614
publication once a week for two consecutive weeks in two or more 30615
newspapers publisheda newspaper of general circulation in the 30616
county or as provided in section 7.16 of the Revised Code, stating 30617
the amount of bonds to be issued, the purpose for which they are 30618
to be issued, and the time and places of holding such election. 30619
Such question must be stated on the ballot as follows: "For the 30620
issue of county fair bonds, yes"; "For the issue of county fair 30621
bonds, no." If the majority of those voting upon the question of 30622
issuing the bonds vote in favor thereof, then and only then shall 30623
they be issued and the tax provided for in section 1711.29 of the 30624
Revised Code be levied.30625

       Sec. 1728.06.  Every community urban redevelopment 30626
corporation qualifying under this chapter, before proceeding with 30627
any project authorized in this chapter, shall make written 30628
application to the municipal corporation for approval thereof. The 30629
application shall be in such form and shall certify to such facts 30630
and data as shall be required by the municipal corporation, and 30631
may include but not be limited to:30632

       (A) A general statement of the nature of the proposed 30633
project, that the undertaking conforms to all applicable municipal 30634
ordinances, that its completion will meet an existing need, and 30635
that the project accords with the master plan or official map, if 30636
any, of the municipal corporation;30637

       (B) A description of the proposed project outlining the area 30638
included and a description of each unit thereof if the project is 30639
to be undertaken in units and setting out such architectural and 30640
site plans as may be required;30641

       (C) A statement of the estimated cost of the proposed project 30642
in such detail as may be required, including the estimated cost of 30643
each unit if it is to be so undertaken;30644

       (D) The source, method, and amount of money to be subscribed 30645
through the investment of private capital, setting forth the 30646
amount of stock or other securities to be issued therefor;30647

       (E) A fiscal plan for the project outlining a schedule of 30648
rents, the estimated expenditures for operation and maintenance, 30649
payments for interest, amortization of debt and reserves, and 30650
payments to the municipal corporation to be made pursuant to a 30651
financial agreement to be entered into with the municipal 30652
corporation;30653

       (F) A relocation plan providing for the relocation of 30654
persons, including families, business concerns, and others, 30655
displaced by the project, which relocation plan shall include, but 30656
not be limited to, the proposed method for the relocation of 30657
residents who will be displaced from their dwelling accommodations 30658
in decent, safe, and sanitary dwelling accommodations within their 30659
means, or with provision for adjustment payments to bring such 30660
accommodations within their means, and without undue hardship, and 30661
reasonable moving costs;30662

       (G) The names and tax mailing addresses, as determined from 30663
the records of the county auditor not more than five days prior to 30664
the submission of the application to the mayor of the municipal 30665
corporation, of the owners of all property which the corporation 30666
proposes in its application to acquire.30667

       Such application shall be addressed and submitted to the 30668
mayor of the municipal corporation, who shall, within sixty days 30669
after receipt thereof, submit it with histhe mayor's30670
recommendations to the governing body. The application shall be a 30671
matter of public record upon receipt by the mayor.30672

       The governing body shall by notice published once a week for 30673
two consecutive weeks in a newspaper of general circulation in the 30674
municipal corporation or as provided in section 7.16 of the 30675
Revised Code, by written notice, by certified mail or personal 30676
service, to the owners of property which the corporation proposes 30677
in its application to purchase at the tax mailing address as set 30678
forth in the corporation's application, by the putting up of signs 30679
in at least five places within the area covered by the 30680
application, and by giving written notice, by certified mail or 30681
personal service, to community organizations known by the clerk of 30682
the governing body to represent a substantial number of the 30683
residents of the area covered by the application, advise that the 30684
application is on file in the office of the clerk of the governing 30685
body of the municipal corporation and is available for inspection 30686
by the general public during business hours and advise that a 30687
public hearing shall be held thereon, stating the place and time 30688
of the public hearing, which time shall be not less than fourteen 30689
days after the first publication, or after sending the mailed 30690
notice, or after the putting up of the signs, whichever is later.30691

       Following the public hearing and after complying with section 30692
5709.83 of the Revised Code, the governing body, taking into 30693
consideration the financial impact on the community, shall by 30694
resolution approve or disapprove the application, approval to be 30695
by an affirmative vote of not less than three-fifths of the 30696
governing body, but in the event of disapproval, changes may be 30697
suggested to secure its approval.30698

       An application may be revised or resubmitted in the same 30699
manner and subject to the same procedures as an original 30700
application. The clerk of the governing body shall diligently 30701
discharge the duties imposed on the clerk by this division, 30702
provided failure of the clerk to send written notices to all 30703
community organizations, in a good faith effort by the clerk to 30704
give the required notice, shall not invalidate any proceedings 30705
under this chapter. The failure of delivery of notice given by 30706
certified mail under this division shall not invalidate any 30707
proceedings under this chapter.30708

       Sec. 1728.07.  Every approved project shall be evidenced by a 30709
financial agreement between the municipal corporation and the 30710
community urban redevelopment corporation. Such agreement shall be 30711
prepared by the community urban redevelopment corporation and 30712
submitted as a separate part of its application for project 30713
approval.30714

       The financial agreement shall be in the form of a contract 30715
requiring full performance within twenty years from the date of 30716
completion of the project and shall, as a minimum, include the 30717
following:30718

       (A) That all improvements in the project to be constructed or 30719
acquired by the corporation shall be exempt from taxation, subject 30720
to section 1728.10 of the Revised Code;30721

       (B) That the corporation shall make payments in lieu of real 30722
estate taxes not less than the amount as provided by section 30723
1728.11 of the Revised Code; or if the municipal corporation is an 30724
impacted city, not less than the amount as provided by section 30725
1728.111 of the Revised Code;30726

       (C) That the corporation, its successors and assigns, shall 30727
use, develop, and redevelop the real property of the project in 30728
accordance with, and for the period of, the community development 30729
plan approved by the governing body of the municipal corporation 30730
for the blighted area in which the project is situated and shall 30731
so bind its successors and assigns by appropriate agreements and 30732
covenants running with the land enforceable by the municipal 30733
corporation.30734

       (D) If the municipal corporation is an impacted city, the 30735
extent of the undertakings and activities of the corporation for 30736
the elimination and for the prevention of the development or 30737
spread of blight.30738

       (E) That the corporation or the municipal corporation, or 30739
both, shall provide for carrying out relocation of persons, 30740
families, business concerns, and others displaced by the project, 30741
pursuant to a relocation plan, including the method for the 30742
relocation of residents in decent, safe, and sanitary dwelling 30743
accommodations, and reasonable moving costs, determined to be 30744
feasible by the governing body of the municipal corporation. Where 30745
the relocation plan is carried out by the corporation, its 30746
officers, employees, agents, or lessees, the municipal corporation 30747
shall enforce and supervise the corporation's compliance with the 30748
relocation plan. If the corporation refuses or fails to comply 30749
with the relocation plan and the municipal corporation fails or 30750
refuses to enforce compliance with such plan, the director of 30751
development may request the attorney general to commence a civil 30752
action against the municipality and the corporation to require 30753
compliance with such relocation plan. Prior to requesting action 30754
by the attorney general the director shall give notice of the 30755
proposed action to the municipality and the corporation, provide 30756
an opportunity to such municipality and corporation for 30757
discussions on the matter, and allow a reasonable time in which 30758
the corporation may begin compliance with the relocation plan, or 30759
the municipality may commence enforcement of the relocation plan.30760

       (F) That the corporation shall submit annually, within ninety 30761
days after the close of its fiscal year, its auditor's reports to 30762
the mayor and governing body of the municipal corporation;30763

       (G) That the corporation shall, upon request, permit 30764
inspection of property, equipment, buildings, and other facilities 30765
of the corporation, and also permit examination and audit of its 30766
books, contracts, records, documents, and papers by authorized 30767
representatives of the municipal corporation;30768

       (H) That in the event of any dispute between the parties the 30769
matters in controversy shall be resolved by arbitration in the 30770
manner provided therein;30771

       (I) That operation under the financial agreement is 30772
terminable by the corporation in the manner provided by Chapter 30773
1728. of the Revised Code;30774

       (J) That the corporation shall, at all times prior to the 30775
expiration or other termination of the financial agreement, remain 30776
bound by Chapter 1728. of the Revised Code;30777

       (K) That all wages paid to laborers and mechanics employed 30778
for work on such projects, other than for residential structures 30779
containing seven or less family units, shall be paid at the 30780
prevailing rates of wages of laborers and mechanics for the class 30781
of work called for by the project, which wages shall be determined 30782
in accordance with the requirements of Chapter 4115. of the 30783
Revised Code for determination of prevailing wage rates, provided 30784
that the requirements of this division do not apply where the 30785
federal government or any of its agencies furnishes by law or 30786
grant all or any part of the funds used in connection with such 30787
project and prescribes predetermined minimum wages to be paid to 30788
such laborers and mechanics.30789

       Modifications of the financial agreement may from time to 30790
time be made by agreement between the governing body of the 30791
municipal corporation and the community urban redevelopment 30792
corporation.30793

       Sec. 1751.01.  As used in this chapter:30794

       (A)(1) "Basic health care services" means the following 30795
services when medically necessary:30796

       (a) Physician's services, except when such services are 30797
supplemental under division (B) of this section;30798

       (b) Inpatient hospital services;30799

       (c) Outpatient medical services;30800

       (d) Emergency health services;30801

       (e) Urgent care services;30802

       (f) Diagnostic laboratory services and diagnostic and 30803
therapeutic radiologic services;30804

       (g) Diagnostic and treatment services, other than 30805
prescription drug services, for biologically based mental 30806
illnesses;30807

       (h) Preventive health care services, including, but not 30808
limited to, voluntary family planning services, infertility 30809
services, periodic physical examinations, prenatal obstetrical 30810
care, and well-child care;30811

       (i) Routine patient care for patients enrolled in an eligible 30812
cancer clinical trial pursuant to section 3923.80 of the Revised 30813
Code.30814

       "Basic health care services" does not include experimental 30815
procedures.30816

        Except as provided by divisions (A)(2) and (3) of this 30817
section in connection with the offering of coverage for diagnostic 30818
and treatment services for biologically based mental illnesses, a 30819
health insuring corporation shall not offer coverage for a health 30820
care service, defined as a basic health care service by this 30821
division, unless it offers coverage for all listed basic health 30822
care services. However, this requirement does not apply to the 30823
coverage of beneficiaries enrolled in medicare pursuant to a 30824
medicare contract, or to the coverage of beneficiaries enrolled in 30825
the federal employee health benefits program pursuant to 5 30826
U.S.C.A. 8905, or to the coverage of medicaid recipients, or to 30827
the coverage of participants of the children's buy-in program, or 30828
to the coverage of beneficiaries under any federal health care 30829
program regulated by a federal regulatory body, or to the coverage 30830
of beneficiaries under any contract covering officers or employees 30831
of the state that has been entered into by the department of 30832
administrative services.30833

       (2) A health insuring corporation may offer coverage for 30834
diagnostic and treatment services for biologically based mental 30835
illnesses without offering coverage for all other basic health 30836
care services. A health insuring corporation may offer coverage 30837
for diagnostic and treatment services for biologically based 30838
mental illnesses alone or in combination with one or more 30839
supplemental health care services. However, a health insuring 30840
corporation that offers coverage for any other basic health care 30841
service shall offer coverage for diagnostic and treatment services 30842
for biologically based mental illnesses in combination with the 30843
offer of coverage for all other listed basic health care services.30844

       (3) A health insuring corporation that offers coverage for 30845
basic health care services is not required to offer coverage for 30846
diagnostic and treatment services for biologically based mental 30847
illnesses in combination with the offer of coverage for all other 30848
listed basic health care services if all of the following apply:30849

       (a) The health insuring corporation submits documentation 30850
certified by an independent member of the American academy of 30851
actuaries to the superintendent of insurance showing that incurred 30852
claims for diagnostic and treatment services for biologically 30853
based mental illnesses for a period of at least six months 30854
independently caused the health insuring corporation's costs for 30855
claims and administrative expenses for the coverage of basic 30856
health care services to increase by more than one per cent per 30857
year. 30858

       (b) The health insuring corporation submits a signed letter 30859
from an independent member of the American academy of actuaries to 30860
the superintendent of insurance opining that the increase in costs 30861
described in division (A)(3)(a) of this section could reasonably 30862
justify an increase of more than one per cent in the annual 30863
premiums or rates charged by the health insuring corporation for 30864
the coverage of basic health care services.30865

       (c) The superintendent of insurance makes the following 30866
determinations from the documentation and opinion submitted 30867
pursuant to divisions (A)(3)(a) and (b) of this section:30868

       (i) Incurred claims for diagnostic and treatment services for 30869
biologically based mental illnesses for a period of at least six 30870
months independently caused the health insuring corporation's 30871
costs for claims and administrative expenses for the coverage of 30872
basic health care services to increase by more than one per cent 30873
per year.30874

       (ii) The increase in costs reasonably justifies an increase 30875
of more than one per cent in the annual premiums or rates charged 30876
by the health insuring corporation for the coverage of basic 30877
health care services. 30878

       Any determination made by the superintendent under this 30879
division is subject to Chapter 119. of the Revised Code.30880

       (B)(1) "Supplemental health care services" means any health 30881
care services other than basic health care services that a health 30882
insuring corporation may offer, alone or in combination with 30883
either basic health care services or other supplemental health 30884
care services, and includes:30885

       (a) Services of facilities for intermediate or long-term 30886
care, or both;30887

       (b) Dental care services;30888

       (c) Vision care and optometric services including lenses and 30889
frames;30890

       (d) Podiatric care or foot care services;30891

       (e) Mental health services, excluding diagnostic and 30892
treatment services for biologically based mental illnesses;30893

       (f) Short-term outpatient evaluative and crisis-intervention 30894
mental health services;30895

       (g) Medical or psychological treatment and referral services 30896
for alcohol and drug abuse or addiction;30897

       (h) Home health services;30898

       (i) Prescription drug services;30899

       (j) Nursing services;30900

       (k) Services of a dietitian licensed under Chapter 4759. of 30901
the Revised Code;30902

       (l) Physical therapy services;30903

       (m) Chiropractic services;30904

       (n) Any other category of services approved by the 30905
superintendent of insurance.30906

       (2) If a health insuring corporation offers prescription drug 30907
services under this division, the coverage shall include 30908
prescription drug services for the treatment of biologically based 30909
mental illnesses on the same terms and conditions as other 30910
physical diseases and disorders.30911

       (C) "Specialty health care services" means one of the 30912
supplemental health care services listed in division (B) of this 30913
section, when provided by a health insuring corporation on an 30914
outpatient-only basis and not in combination with other 30915
supplemental health care services.30916

       (D) "Biologically based mental illnesses" means 30917
schizophrenia, schizoaffective disorder, major depressive 30918
disorder, bipolar disorder, paranoia and other psychotic 30919
disorders, obsessive-compulsive disorder, and panic disorder, as 30920
these terms are defined in the most recent edition of the 30921
diagnostic and statistical manual of mental disorders published by 30922
the American psychiatric association.30923

       (E) "Children's buy-in program" has the same meaning as in 30924
section 5101.5211 of the Revised Code.30925

       (F) "Closed panel plan" means a health care plan that 30926
requires enrollees to use participating providers.30927

       (G)(F) "Compensation" means remuneration for the provision of 30928
health care services, determined on other than a fee-for-service 30929
or discounted-fee-for-service basis.30930

       (H)(G) "Contractual periodic prepayment" means the formula 30931
for determining the premium rate for all subscribers of a health 30932
insuring corporation.30933

       (I)(H) "Corporation" means a corporation formed under Chapter 30934
1701. or 1702. of the Revised Code or the similar laws of another 30935
state.30936

       (J)(I) "Emergency health services" means those health care 30937
services that must be available on a seven-days-per-week, 30938
twenty-four-hours-per-day basis in order to prevent jeopardy to an 30939
enrollee's health status that would occur if such services were 30940
not received as soon as possible, and includes, where appropriate, 30941
provisions for transportation and indemnity payments or service 30942
agreements for out-of-area coverage.30943

       (K)(J) "Enrollee" means any natural person who is entitled to 30944
receive health care benefits provided by a health insuring 30945
corporation.30946

       (L)(K) "Evidence of coverage" means any certificate, 30947
agreement, policy, or contract issued to a subscriber that sets 30948
out the coverage and other rights to which such person is entitled 30949
under a health care plan.30950

       (M)(L) "Health care facility" means any facility, except a 30951
health care practitioner's office, that provides preventive, 30952
diagnostic, therapeutic, acute convalescent, rehabilitation, 30953
mental health, mental retardation, intermediate care, or skilled 30954
nursing services.30955

       (N)(M) "Health care services" means basic, supplemental, and 30956
specialty health care services.30957

       (O)(N) "Health delivery network" means any group of providers 30958
or health care facilities, or both, or any representative thereof, 30959
that have entered into an agreement to offer health care services 30960
in a panel rather than on an individual basis.30961

       (P)(O) "Health insuring corporation" means a corporation, as 30962
defined in division (I)(H) of this section, that, pursuant to a 30963
policy, contract, certificate, or agreement, pays for, reimburses, 30964
or provides, delivers, arranges for, or otherwise makes available, 30965
basic health care services, supplemental health care services, or 30966
specialty health care services, or a combination of basic health 30967
care services and either supplemental health care services or 30968
specialty health care services, through either an open panel plan 30969
or a closed panel plan.30970

       "Health insuring corporation" does not include a limited 30971
liability company formed pursuant to Chapter 1705. of the Revised 30972
Code, an insurer licensed under Title XXXIX of the Revised Code if 30973
that insurer offers only open panel plans under which all 30974
providers and health care facilities participating receive their 30975
compensation directly from the insurer, a corporation formed by or 30976
on behalf of a political subdivision or a department, office, or 30977
institution of the state, or a public entity formed by or on 30978
behalf of a board of county commissioners, a county board of 30979
developmental disabilities, an alcohol and drug addiction services 30980
board, a board of alcohol, drug addiction, and mental health 30981
services, or a community mental health board, as those terms are 30982
used in Chapters 340. and 5126. of the Revised Code. Except as 30983
provided by division (D) of section 1751.02 of the Revised Code, 30984
or as otherwise provided by law, no board, commission, agency, or 30985
other entity under the control of a political subdivision may 30986
accept insurance risk in providing for health care services. 30987
However, nothing in this division shall be construed as 30988
prohibiting such entities from purchasing the services of a health 30989
insuring corporation or a third-party administrator licensed under 30990
Chapter 3959. of the Revised Code.30991

       (Q)(P) "Intermediary organization" means a health delivery 30992
network or other entity that contracts with licensed health 30993
insuring corporations or self-insured employers, or both, to 30994
provide health care services, and that enters into contractual 30995
arrangements with other entities for the provision of health care 30996
services for the purpose of fulfilling the terms of its contracts 30997
with the health insuring corporations and self-insured employers.30998

       (R)(Q) "Intermediate care" means residential care above the 30999
level of room and board for patients who require personal 31000
assistance and health-related services, but who do not require 31001
skilled nursing care.31002

       (S)(R) "Medicaid" has the same meaning as in section 5111.01 31003
of the Revised Code.31004

       (T)(S) "Medical record" means the personal information that 31005
relates to an individual's physical or mental condition, medical 31006
history, or medical treatment.31007

       (U)(T) "Medicare" means the program established under Title 31008
XVIII of the "Social Security Act" 49 Stat. 620 (1935), 42 U.S.C. 31009
1395, as amended.31010

       (V)(U)(1) "Open panel plan" means a health care plan that 31011
provides incentives for enrollees to use participating providers 31012
and that also allows enrollees to use providers that are not 31013
participating providers.31014

       (2) No health insuring corporation may offer an open panel 31015
plan, unless the health insuring corporation is also licensed as 31016
an insurer under Title XXXIX of the Revised Code, the health 31017
insuring corporation, on June 4, 1997, holds a certificate of 31018
authority or license to operate under Chapter 1736. or 1740. of 31019
the Revised Code, or an insurer licensed under Title XXXIX of the 31020
Revised Code is responsible for the out-of-network risk as 31021
evidenced by both an evidence of coverage filing under section 31022
1751.11 of the Revised Code and a policy and certificate filing 31023
under section 3923.02 of the Revised Code.31024

       (W)(V) "Panel" means a group of providers or health care 31025
facilities that have joined together to deliver health care 31026
services through a contractual arrangement with a health insuring 31027
corporation, employer group, or other payor.31028

       (X)(W) "Person" has the same meaning as in section 1.59 of 31029
the Revised Code, and, unless the context otherwise requires, 31030
includes any insurance company holding a certificate of authority 31031
under Title XXXIX of the Revised Code, any subsidiary and 31032
affiliate of an insurance company, and any government agency.31033

       (Y)(X) "Premium rate" means any set fee regularly paid by a 31034
subscriber to a health insuring corporation. A "premium rate" does 31035
not include a one-time membership fee, an annual administrative 31036
fee, or a nominal access fee, paid to a managed health care system 31037
under which the recipient of health care services remains solely 31038
responsible for any charges accessed for those services by the 31039
provider or health care facility.31040

       (Z)(Y) "Primary care provider" means a provider that is 31041
designated by a health insuring corporation to supervise, 31042
coordinate, or provide initial care or continuing care to an 31043
enrollee, and that may be required by the health insuring 31044
corporation to initiate a referral for specialty care and to 31045
maintain supervision of the health care services rendered to the 31046
enrollee.31047

       (AA)(Z) "Provider" means any natural person or partnership of 31048
natural persons who are licensed, certified, accredited, or 31049
otherwise authorized in this state to furnish health care 31050
services, or any professional association organized under Chapter 31051
1785. of the Revised Code, provided that nothing in this chapter 31052
or other provisions of law shall be construed to preclude a health 31053
insuring corporation, health care practitioner, or organized 31054
health care group associated with a health insuring corporation 31055
from employing certified nurse practitioners, certified nurse 31056
anesthetists, clinical nurse specialists, certified nurse 31057
midwives, dietitians, physician assistants, dental assistants, 31058
dental hygienists, optometric technicians, or other allied health 31059
personnel who are licensed, certified, accredited, or otherwise 31060
authorized in this state to furnish health care services.31061

       (BB)(AA) "Provider sponsored organization" means a 31062
corporation, as defined in division (I)(H) of this section, that 31063
is at least eighty per cent owned or controlled by one or more 31064
hospitals, as defined in section 3727.01 of the Revised Code, or 31065
one or more physicians licensed to practice medicine or surgery or 31066
osteopathic medicine and surgery under Chapter 4731. of the 31067
Revised Code, or any combination of such physicians and hospitals. 31068
Such control is presumed to exist if at least eighty per cent of 31069
the voting rights or governance rights of a provider sponsored 31070
organization are directly or indirectly owned, controlled, or 31071
otherwise held by any combination of the physicians and hospitals 31072
described in this division.31073

       (CC)(BB) "Solicitation document" means the written materials 31074
provided to prospective subscribers or enrollees, or both, and 31075
used for advertising and marketing to induce enrollment in the 31076
health care plans of a health insuring corporation.31077

       (DD)(CC) "Subscriber" means a person who is responsible for 31078
making payments to a health insuring corporation for participation 31079
in a health care plan, or an enrollee whose employment or other 31080
status is the basis of eligibility for enrollment in a health 31081
insuring corporation.31082

       (EE)(DD) "Urgent care services" means those health care 31083
services that are appropriately provided for an unforeseen 31084
condition of a kind that usually requires medical attention 31085
without delay but that does not pose a threat to the life, limb, 31086
or permanent health of the injured or ill person, and may include 31087
such health care services provided out of the health insuring 31088
corporation's approved service area pursuant to indemnity payments 31089
or service agreements.31090

       Sec. 1751.04.  (A) Except as provided by division (D) of this 31091
section, upon the receipt by the superintendent of insurance of a 31092
complete application for a certificate of authority to establish 31093
or operate a health insuring corporation, which application sets 31094
forth or is accompanied by the information and documents required 31095
by division (A) of section 1751.03 of the Revised Code, the 31096
superintendent shall review the application and accompanying 31097
documents and make findings as to whether the applicant for a 31098
certificate of authority has done all of the following with 31099
respect to any basic health care services and supplemental health 31100
care services to be furnished:31101

       (1) Demonstrated the willingness and potential ability to 31102
ensure that all basic health care services and supplemental health 31103
care services described in the evidence of coverage will be 31104
provided to all its enrollees as promptly as is appropriate and in 31105
a manner that assures continuity;31106

       (2) Made effective arrangements to ensure that its enrollees 31107
have reliable access to qualified providers in those specialties 31108
that are generally available in the geographic area or areas to be 31109
served by the applicant and that are necessary to provide all 31110
basic health care services and supplemental health care services 31111
described in the evidence of coverage;31112

       (3) Made appropriate arrangements for the availability of 31113
short-term health care services in emergencies within the 31114
geographic area or areas to be served by the applicant, 31115
twenty-four hours per day, seven days per week, and for the 31116
provision of adequate coverage whenever an out-of-area emergency 31117
arises;31118

       (4) Made appropriate arrangements for an ongoing evaluation 31119
and assurance of the quality of health care services provided to 31120
enrollees, including, if applicable, the development of a quality 31121
assurance program complying with the requirements of sections 31122
1751.73 to 1751.75 of the Revised Code, and the adequacy of the 31123
personnel, facilities, and equipment by or through which the 31124
services are rendered;31125

       (5) Developed a procedure to gather and report statistics 31126
relating to the cost and effectiveness of its operations, the 31127
pattern of utilization of its services, and the quality, 31128
availability, and accessibility of its services.31129

        (B) Based upon the information provided in the application 31130
for issuance of a certificate of authority, the superintendent 31131
shall determine whether or not the applicant meets the 31132
requirements of division (A) of this section. If the 31133
superintendent determines that the applicant does not meet these 31134
requirements, the superintendent shall specify in what respects it 31135
is deficient. However, the superintendent shall not deny an 31136
application because the requirements of this section are not met 31137
unless the applicant has been given an opportunity for a hearing 31138
on that issue.31139

       (C) If the applicant requests a hearing, the superintendent 31140
shall hold a hearing before denying an application because the 31141
applicant does not meet the requirements of this section. The 31142
hearing shall be held in accordance with Chapter 119. of the 31143
Revised Code.31144

       (D) Nothing in this section requires the superintendent to 31145
review or make findings with regard to an application and 31146
accompanying documents to establish or operate any of the 31147
following:31148

       (1) A health insuring corporation to cover solely medicaid 31149
recipients;31150

       (2) A health insuring corporation to cover solely medicare 31151
beneficiaries;31152

       (3) A health insuring corporation to cover solely medicaid 31153
recipients and medicare beneficiaries;31154

       (4) A health insuring corporation to cover solely 31155
participants of the children's buy-in program;31156

       (5) A health insuring corporation to cover solely medicaid 31157
recipients and participants of the children's buy-in program;31158

       (6) A health insuring corporation to cover solely medicaid 31159
recipients, medicare beneficiaries, and participants of the 31160
children's buy-in program.31161

       Sec. 1751.11.  (A) Every subscriber of a health insuring 31162
corporation is entitled to an evidence of coverage for the health 31163
care plan under which health care benefits are provided.31164

       (B) Every subscriber of a health insuring corporation that 31165
offers basic health care services is entitled to an identification 31166
card or similar document that specifies the health insuring 31167
corporation's name as stated in its articles of incorporation, and 31168
any trade or fictitious names used by the health insuring 31169
corporation. The identification card or document shall list at 31170
least one toll-free telephone number that provides the subscriber 31171
with access, to information on a twenty-four-hours-per-day, 31172
seven-days-per-week basis, as to how health care services may be 31173
obtained. The identification card or document shall also list at 31174
least one toll-free number that, during normal business hours, 31175
provides the subscriber with access to information on the coverage 31176
available under the subscriber's health care plan and information 31177
on the health care plan's internal and external review processes.31178

       (C) No evidence of coverage, or amendment to the evidence of 31179
coverage, shall be delivered, issued for delivery, renewed, or 31180
used, until the form of the evidence of coverage or amendment has 31181
been filed by the health insuring corporation with the 31182
superintendent of insurance. If the superintendent does not 31183
disapprove the evidence of coverage or amendment within sixty days 31184
after it is filed it shall be deemed approved, unless the 31185
superintendent sooner gives approval for the evidence of coverage 31186
or amendment. With respect to an amendment to an approved evidence 31187
of coverage, the superintendent only may disapprove provisions 31188
amended or added to the evidence of coverage. If the 31189
superintendent determines within the sixty-day period that any 31190
evidence of coverage or amendment fails to meet the requirements 31191
of this section, the superintendent shall so notify the health 31192
insuring corporation and it shall be unlawful for the health 31193
insuring corporation to use such evidence of coverage or 31194
amendment. At any time, the superintendent, upon at least thirty 31195
days' written notice to a health insuring corporation, may 31196
withdraw an approval, deemed or actual, of any evidence of 31197
coverage or amendment on any of the grounds stated in this 31198
section. Such disapproval shall be effected by a written order, 31199
which shall state the grounds for disapproval and shall be issued 31200
in accordance with Chapter 119. of the Revised Code.31201

       (D) No evidence of coverage or amendment shall be delivered, 31202
issued for delivery, renewed, or used:31203

       (1) If it contains provisions or statements that are 31204
inequitable, untrue, misleading, or deceptive;31205

       (2) Unless it contains a clear, concise, and complete 31206
statement of the following:31207

       (a) The health care services and insurance or other benefits, 31208
if any, to which an enrollee is entitled under the health care 31209
plan;31210

       (b) Any exclusions or limitations on the health care 31211
services, type of health care services, benefits, or type of 31212
benefits to be provided, including copayments and deductibles;31213

       (c) An enrollee's personal financial obligation for 31214
noncovered services;31215

       (d) Where and in what manner general information and 31216
information as to how health care services may be obtained is 31217
available, including a toll-free telephone number;31218

       (e) The premium rate with respect to individual and 31219
conversion contracts, and relevant copayment and deductible 31220
provisions with respect to all contracts. The statement of the 31221
premium rate, however, may be contained in a separate insert.31222

       (f) The method utilized by the health insuring corporation 31223
for resolving enrollee complaints;31224

       (g) The utilization review, internal review, and external 31225
review procedures established under sections 1751.77 to 1751.85 of 31226
the Revised Code.31227

       (3) Unless it provides for the continuation of an enrollee's 31228
coverage, in the event that the enrollee's coverage under the 31229
group policy, contract, certificate, or agreement terminates while 31230
the enrollee is receiving inpatient care in a hospital. This 31231
continuation of coverage shall terminate at the earliest 31232
occurrence of any of the following:31233

       (a) The enrollee's discharge from the hospital;31234

       (b) The determination by the enrollee's attending physician 31235
that inpatient care is no longer medically indicated for the 31236
enrollee; however, nothing in division (D)(3)(b) of this section 31237
precludes a health insuring corporation from engaging in 31238
utilization review as described in the evidence of coverage.31239

       (c) The enrollee's reaching the limit for contractual 31240
benefits;31241

       (d) The effective date of any new coverage.31242

       (4) Unless it contains a provision that states, in substance, 31243
that the health insuring corporation is not a member of any 31244
guaranty fund, and that in the event of the health insuring 31245
corporation's insolvency, an enrollee is protected only to the 31246
extent that the hold harmless provision required by section 31247
1751.13 of the Revised Code applies to the health care services 31248
rendered;31249

       (5) Unless it contains a provision that states, in substance, 31250
that in the event of the insolvency of the health insuring 31251
corporation, an enrollee may be financially responsible for health 31252
care services rendered by a provider or health care facility that 31253
is not under contract to the health insuring corporation, whether 31254
or not the health insuring corporation authorized the use of the 31255
provider or health care facility.31256

       (E) Notwithstanding divisions (C) and (D) of this section, a 31257
health insuring corporation may use an evidence of coverage that 31258
provides for the coverage of beneficiaries enrolled in medicare 31259
pursuant to a medicare contract, or an evidence of coverage that 31260
provides for the coverage of beneficiaries enrolled in the federal 31261
employees health benefits program pursuant to 5 U.S.C.A. 8905, or 31262
an evidence of coverage that provides for the coverage of medicaid 31263
recipients, or an evidence of coverage that provides for coverage 31264
of participants of the children's buy-in program, or an evidence 31265
of coverage that provides for the coverage of beneficiaries under 31266
any other federal health care program regulated by a federal 31267
regulatory body, or an evidence of coverage that provides for the 31268
coverage of beneficiaries under any contract covering officers or 31269
employees of the state that has been entered into by the 31270
department of administrative services, if both of the following 31271
apply:31272

       (1) The evidence of coverage has been approved by the United 31273
States department of health and human services, the United States 31274
office of personnel management, the Ohio department of job and 31275
family services, or the department of administrative services.31276

       (2) The evidence of coverage is filed with the superintendent 31277
of insurance prior to use and is accompanied by documentation of 31278
approval from the United States department of health and human 31279
services, the United States office of personnel management, the 31280
Ohio department of job and family services, or the department of 31281
administrative services.31282

       Sec. 1751.111. (A)(1) This section applies to both of the 31283
following:31284

        (a) A health insuring corporation that issues or requires the 31285
use of a standardized identification card or an electronic 31286
technology for submission and routing of prescription drug claims 31287
pursuant to a policy, contract, or agreement for health care 31288
services;31289

        (b) A person or entity that a health insuring corporation 31290
contracts with to issue a standardized identification card or an 31291
electronic technology described in division (A)(1)(a) of this 31292
section.31293

       (2) Notwithstanding division (A)(1) of this section, this 31294
section does not apply to the issuance or required use of a 31295
standardized identification card or an electronic technology for 31296
submission and routing of prescription drug claims in connection 31297
with any of the following:31298

       (a) Coverage provided under the medicare advantage program 31299
operated pursuant to Part C of Title XVIII of the "Social Security 31300
Act," 49 Stat. 62 (1935), 42 U.S.C. 301, as amended.31301

       (b) Coverage provided under medicaid.31302

       (c) Coverage provided under the children's buy-in program.31303

       (d) Coverage provided under an employer's self-insurance plan 31304
or by any of its administrators, as defined in section 3959.01 of 31305
the Revised Code, to the extent that federal law supersedes, 31306
preempts, prohibits, or otherwise precludes the application of 31307
this section to the plan and its administrators.31308

        (B) A standardized identification card or an electronic 31309
technology issued or required to be used as provided in division 31310
(A)(1) of this section shall contain uniform prescription drug 31311
information in accordance with either division (B)(1) or (2) of 31312
this section.31313

        (1) The standardized identification card or the electronic 31314
technology shall be in a format and contain information fields 31315
approved by the national council for prescription drug programs or 31316
a successor organization, as specified in the council's or 31317
successor organization's pharmacy identification card 31318
implementation guide in effect on the first day of October most 31319
immediately preceding the issuance or required use of the 31320
standardized identification card or the electronic technology.31321

        (2) If the health insuring corporation or the person under 31322
contract with the corporation to issue a standardized 31323
identification card or an electronic technology requires the 31324
information for the submission and routing of a claim, the 31325
standardized identification card or the electronic technology 31326
shall contain any of the following information:31327

        (a) The health insuring corporation's name;31328

        (b) The subscriber's name, group number, and identification 31329
number;31330

        (c) A telephone number to inquire about pharmacy-related 31331
issues;31332

        (d) The issuer's international identification number, labeled 31333
as "ANSI BIN" or "RxBIN";31334

       (e) The processor's control number, labeled as "RxPCN";31335

        (f) The subscriber's pharmacy benefits group number if 31336
different from the subscriber's medical group number, labeled as 31337
"RxGrp."31338

        (C) If the standardized identification card or the electronic 31339
technology issued or required to be used as provided in division 31340
(A)(1) of this section is also used for submission and routing of 31341
nonpharmacy claims, the designation "Rx" is required to be 31342
included as part of the labels identified in divisions (B)(2)(d) 31343
and (e) of this section if the issuer's international 31344
identification number or the processor's control number is 31345
different for medical and pharmacy claims.31346

        (D) Each health insuring corporation described in division 31347
(A) of this section shall annually file a certificate with the 31348
superintendent of insurance certifying that it or any person it 31349
contracts with to issue a standardized identification card or 31350
electronic technology for submission and routing of prescription 31351
drug claims complies with this section.31352

        (E)(1) Except as provided in division (E)(2) of this section, 31353
if there is a change in the information contained in the 31354
standardized identification card or the electronic technology 31355
issued to a subscriber, the health insuring corporation or person 31356
under contract with the corporation to issue a standardized 31357
identification card or an electronic technology shall issue a new 31358
card or electronic technology to the subscriber.31359

        (2) A health insuring corporation or person under contract 31360
with the corporation is not required under division (E)(1) of this 31361
section to issue a new card or electronic technology to a 31362
subscriber more than once during a twelve-month period.31363

        (F) Nothing in this section shall be construed as requiring a 31364
health insuring corporation to produce more than one standardized 31365
identification card or one electronic technology for use by 31366
subscribers accessing health care benefits provided under a 31367
policy, contract, or agreement for health care services.31368

       Sec. 1751.12.  (A)(1) No contractual periodic prepayment and 31369
no premium rate for nongroup and conversion policies for health 31370
care services, or any amendment to them, may be used by any health 31371
insuring corporation at any time until the contractual periodic 31372
prepayment and premium rate, or amendment, have been filed with 31373
the superintendent of insurance, and shall not be effective until 31374
the expiration of sixty days after their filing unless the 31375
superintendent sooner gives approval. The filing shall be 31376
accompanied by an actuarial certification in the form prescribed 31377
by the superintendent. The superintendent shall disapprove the 31378
filing, if the superintendent determines within the sixty-day 31379
period that the contractual periodic prepayment or premium rate, 31380
or amendment, is not in accordance with sound actuarial principles 31381
or is not reasonably related to the applicable coverage and 31382
characteristics of the applicable class of enrollees. The 31383
superintendent shall notify the health insuring corporation of the 31384
disapproval, and it shall thereafter be unlawful for the health 31385
insuring corporation to use the contractual periodic prepayment or 31386
premium rate, or amendment.31387

       (2) No contractual periodic prepayment for group policies for 31388
health care services shall be used until the contractual periodic 31389
prepayment has been filed with the superintendent. The filing 31390
shall be accompanied by an actuarial certification in the form 31391
prescribed by the superintendent. The superintendent may reject a 31392
filing made under division (A)(2) of this section at any time, 31393
with at least thirty days' written notice to a health insuring 31394
corporation, if the contractual periodic prepayment is not in 31395
accordance with sound actuarial principles or is not reasonably 31396
related to the applicable coverage and characteristics of the 31397
applicable class of enrollees.31398

       (3) At any time, the superintendent, upon at least thirty 31399
days' written notice to a health insuring corporation, may 31400
withdraw the approval given under division (A)(1) of this section, 31401
deemed or actual, of any contractual periodic prepayment or 31402
premium rate, or amendment, based on information that either of 31403
the following applies:31404

       (a) The contractual periodic prepayment or premium rate, or 31405
amendment, is not in accordance with sound actuarial principles.31406

       (b) The contractual periodic prepayment or premium rate, or 31407
amendment, is not reasonably related to the applicable coverage 31408
and characteristics of the applicable class of enrollees.31409

       (4) Any disapproval under division (A)(1) of this section, 31410
any rejection of a filing made under division (A)(2) of this 31411
section, or any withdrawal of approval under division (A)(3) of 31412
this section, shall be effected by a written notice, which shall 31413
state the specific basis for the disapproval, rejection, or 31414
withdrawal and shall be issued in accordance with Chapter 119. of 31415
the Revised Code.31416

       (B) Notwithstanding division (A) of this section, a health 31417
insuring corporation may use a contractual periodic prepayment or 31418
premium rate for policies used for the coverage of beneficiaries 31419
enrolled in medicare pursuant to a medicare risk contract or 31420
medicare cost contract, or for policies used for the coverage of 31421
beneficiaries enrolled in the federal employees health benefits 31422
program pursuant to 5 U.S.C.A. 8905, or for policies used for the 31423
coverage of medicaid recipients, or for policies used for coverage 31424
of participants of the children's buy-in program, or for policies 31425
used for the coverage of beneficiaries under any other federal 31426
health care program regulated by a federal regulatory body, or for 31427
policies used for the coverage of beneficiaries under any contract 31428
covering officers or employees of the state that has been entered 31429
into by the department of administrative services, if both of the 31430
following apply:31431

       (1) The contractual periodic prepayment or premium rate has 31432
been approved by the United States department of health and human 31433
services, the United States office of personnel management, the 31434
department of job and family services, or the department of 31435
administrative services.31436

       (2) The contractual periodic prepayment or premium rate is 31437
filed with the superintendent prior to use and is accompanied by 31438
documentation of approval from the United States department of 31439
health and human services, the United States office of personnel 31440
management, the department of job and family services, or the 31441
department of administrative services.31442

       (C) The administrative expense portion of all contractual 31443
periodic prepayment or premium rate filings submitted to the 31444
superintendent for review must reflect the actual cost of 31445
administering the product. The superintendent may require that the 31446
administrative expense portion of the filings be itemized and 31447
supported.31448

       (D)(1) Copayments must be reasonable and must not be a 31449
barrier to the necessary utilization of services by enrollees.31450

       (2) A health insuring corporation, in order to ensure that 31451
copayments are reasonable and not a barrier to the necessary 31452
utilization of basic health care services by enrollees, may do one 31453
of the following:31454

       (a) Impose copayment charges on any single covered basic 31455
health care service that does not exceed forty per cent of the 31456
average cost to the health insuring corporation of providing the 31457
service;31458

       (b) Impose copayment charges that annually do not exceed 31459
twenty per cent of the total annual cost to the health insuring 31460
corporation of providing all covered basic health care services, 31461
including physician office visits, urgent care services, and 31462
emergency health services, when aggregated as to all persons 31463
covered under the filed product in question. In addition, annual 31464
copayment charges as to each enrollee shall not exceed twenty per 31465
cent of the total annual cost to the health insuring corporation 31466
of providing all covered basic health care services, including 31467
physician office visits, urgent care services, and emergency 31468
health services, as to such enrollee. The total annual cost of 31469
providing a health care service is the cost to the health insuring 31470
corporation of providing the health care service to its enrollees 31471
as reduced by any applicable provider discount.31472

       (3) To ensure that copayments are reasonable and not a 31473
barrier to the utilization of basic health care services, a health 31474
insuring corporation may not impose, in any contract year, on any 31475
subscriber or enrollee, copayments that exceed two hundred per 31476
cent of the average annual premium rate to subscribers or 31477
enrollees.31478

       (4) For purposes of division (D) of this section, both of the 31479
following apply:31480

        (a) Copayments imposed by health insuring corporations in 31481
connection with a high deductible health plan that is linked to a 31482
health savings account are reasonable and are not a barrier to the 31483
necessary utilization of services by enrollees.31484

        (b) Divisions (D)(2) and (3) of this section do not apply to 31485
a high deductible health plan that is linked to a health savings 31486
account.31487

       (E) A health insuring corporation shall not impose lifetime 31488
maximums on basic health care services. However, a health insuring 31489
corporation may establish a benefit limit for inpatient hospital 31490
services that are provided pursuant to a policy, contract, 31491
certificate, or agreement for supplemental health care services.31492

       (F) A health insuring corporation may require that an 31493
enrollee pay an annual deductible that does not exceed one 31494
thousand dollars per enrollee or two thousand dollars per family, 31495
except that:31496

       (1) A health insuring corporation may impose higher 31497
deductibles for high deductible health plans that are linked to 31498
health savings accounts;31499

       (2) The superintendent may adopt rules allowing different 31500
annual deductible amounts for plans with a medical savings 31501
account, health reimbursement arrangement, flexible spending 31502
account, or similar account;31503

       (3) A health insuring corporation may impose higher 31504
deductibles under health plans if requested by the group contract, 31505
policy, certificate, or agreement holder, or an individual seeking 31506
coverage under an individual health plan. This shall not be 31507
construed as requiring the health insuring corporation to create 31508
customized health plans for group contract holders or individuals.31509

        (G) As used in this section, "health savings account" and 31510
"high deductible health plan" have the same meanings as in the 31511
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 223, as 31512
amended.31513

       Sec. 1751.13.  (A)(1)(a) A health insuring corporation shall, 31514
either directly or indirectly, enter into contracts for the 31515
provision of health care services with a sufficient number and 31516
types of providers and health care facilities to ensure that all 31517
covered health care services will be accessible to enrollees from 31518
a contracted provider or health care facility.31519

       (b) A health insuring corporation shall not refuse to 31520
contract with a physician for the provision of health care 31521
services or refuse to recognize a physician as a specialist on the 31522
basis that the physician attended an educational program or a 31523
residency program approved or certified by the American 31524
osteopathic association. A health insuring corporation shall not 31525
refuse to contract with a health care facility for the provision 31526
of health care services on the basis that the health care facility 31527
is certified or accredited by the American osteopathic association 31528
or that the health care facility is an osteopathic hospital as 31529
defined in section 3702.51 of the Revised Code.31530

       (c) Nothing in division (A)(1)(b) of this section shall be 31531
construed to require a health insuring corporation to make a 31532
benefit payment under a closed panel plan to a physician or health 31533
care facility with which the health insuring corporation does not 31534
have a contract, provided that none of the bases set forth in that 31535
division are used as a reason for failing to make a benefit 31536
payment.31537

       (2) When a health insuring corporation is unable to provide a 31538
covered health care service from a contracted provider or health 31539
care facility, the health insuring corporation must provide that 31540
health care service from a noncontracted provider or health care 31541
facility consistent with the terms of the enrollee's policy, 31542
contract, certificate, or agreement. The health insuring 31543
corporation shall either ensure that the health care service be 31544
provided at no greater cost to the enrollee than if the enrollee 31545
had obtained the health care service from a contracted provider or 31546
health care facility, or make other arrangements acceptable to the 31547
superintendent of insurance.31548

       (3) Nothing in this section shall prohibit a health insuring 31549
corporation from entering into contracts with out-of-state 31550
providers or health care facilities that are licensed, certified, 31551
accredited, or otherwise authorized in that state.31552

       (B)(1) A health insuring corporation shall, either directly 31553
or indirectly, enter into contracts with all providers and health 31554
care facilities through which health care services are provided to 31555
its enrollees.31556

       (2) A health insuring corporation, upon written request, 31557
shall assist its contracted providers in finding stop-loss or 31558
reinsurance carriers.31559

       (C) A health insuring corporation shall file an annual 31560
certificate with the superintendent certifying that all provider 31561
contracts and contracts with health care facilities through which 31562
health care services are being provided contain the following:31563

       (1) A description of the method by which the provider or 31564
health care facility will be notified of the specific health care 31565
services for which the provider or health care facility will be 31566
responsible, including any limitations or conditions on such 31567
services;31568

       (2) The specific hold harmless provision specifying 31569
protection of enrollees set forth as follows:31570

       "[Provider/Health Care Facility] agrees that in no event, 31571
including but not limited to nonpayment by the health insuring 31572
corporation, insolvency of the health insuring corporation, or 31573
breach of this agreement, shall [Provider/Health Care Facility] 31574
bill, charge, collect a deposit from, seek remuneration or 31575
reimbursement from, or have any recourse against, a subscriber, 31576
enrollee, person to whom health care services have been provided, 31577
or person acting on behalf of the covered enrollee, for health 31578
care services provided pursuant to this agreement. This does not 31579
prohibit [Provider/Health Care Facility] from collecting 31580
co-insurance, deductibles, or copayments as specifically provided 31581
in the evidence of coverage, or fees for uncovered health care 31582
services delivered on a fee-for-service basis to persons 31583
referenced above, nor from any recourse against the health 31584
insuring corporation or its successor."31585

       (3) Provisions requiring the provider or health care facility 31586
to continue to provide covered health care services to enrollees 31587
in the event of the health insuring corporation's insolvency or 31588
discontinuance of operations. The provisions shall require the 31589
provider or health care facility to continue to provide covered 31590
health care services to enrollees as needed to complete any 31591
medically necessary procedures commenced but unfinished at the 31592
time of the health insuring corporation's insolvency or 31593
discontinuance of operations. The completion of a medically 31594
necessary procedure shall include the rendering of all covered 31595
health care services that constitute medically necessary follow-up 31596
care for that procedure. If an enrollee is receiving necessary 31597
inpatient care at a hospital, the provisions may limit the 31598
required provision of covered health care services relating to 31599
that inpatient care in accordance with division (D)(3) of section 31600
1751.11 of the Revised Code, and may also limit such required 31601
provision of covered health care services to the period ending 31602
thirty days after the health insuring corporation's insolvency or 31603
discontinuance of operations.31604

       The provisions required by division (C)(3) of this section 31605
shall not require any provider or health care facility to continue 31606
to provide any covered health care service after the occurrence of 31607
any of the following:31608

       (a) The end of the thirty-day period following the entry of a 31609
liquidation order under Chapter 3903. of the Revised Code;31610

       (b) The end of the enrollee's period of coverage for a 31611
contractual prepayment or premium;31612

       (c) The enrollee obtains equivalent coverage with another 31613
health insuring corporation or insurer, or the enrollee's employer 31614
obtains such coverage for the enrollee;31615

       (d) The enrollee or the enrollee's employer terminates 31616
coverage under the contract;31617

       (e) A liquidator effects a transfer of the health insuring 31618
corporation's obligations under the contract under division (A)(8) 31619
of section 3903.21 of the Revised Code.31620

       (4) A provision clearly stating the rights and 31621
responsibilities of the health insuring corporation, and of the 31622
contracted providers and health care facilities, with respect to 31623
administrative policies and programs, including, but not limited 31624
to, payments systems, utilization review, quality assurance, 31625
assessment, and improvement programs, credentialing, 31626
confidentiality requirements, and any applicable federal or state 31627
programs;31628

       (5) A provision regarding the availability and 31629
confidentiality of those health records maintained by providers 31630
and health care facilities to monitor and evaluate the quality of 31631
care, to conduct evaluations and audits, and to determine on a 31632
concurrent or retrospective basis the necessity of and 31633
appropriateness of health care services provided to enrollees. The 31634
provision shall include terms requiring the provider or health 31635
care facility to make these health records available to 31636
appropriate state and federal authorities involved in assessing 31637
the quality of care or in investigating the grievances or 31638
complaints of enrollees, and requiring the provider or health care 31639
facility to comply with applicable state and federal laws related 31640
to the confidentiality of medical or health records.31641

       (6) A provision that states that contractual rights and 31642
responsibilities may not be assigned or delegated by the provider 31643
or health care facility without the prior written consent of the 31644
health insuring corporation;31645

       (7) A provision requiring the provider or health care 31646
facility to maintain adequate professional liability and 31647
malpractice insurance. The provision shall also require the 31648
provider or health care facility to notify the health insuring 31649
corporation not more than ten days after the provider's or health 31650
care facility's receipt of notice of any reduction or cancellation 31651
of such coverage.31652

       (8) A provision requiring the provider or health care 31653
facility to observe, protect, and promote the rights of enrollees 31654
as patients;31655

       (9) A provision requiring the provider or health care 31656
facility to provide health care services without discrimination on 31657
the basis of a patient's participation in the health care plan, 31658
age, sex, ethnicity, religion, sexual preference, health status, 31659
or disability, and without regard to the source of payments made 31660
for health care services rendered to a patient. This requirement 31661
shall not apply to circumstances when the provider or health care 31662
facility appropriately does not render services due to limitations 31663
arising from the provider's or health care facility's lack of 31664
training, experience, or skill, or due to licensing restrictions.31665

       (10) A provision containing the specifics of any obligation 31666
on the primary care provider to provide, or to arrange for the 31667
provision of, covered health care services twenty-four hours per 31668
day, seven days per week;31669

       (11) A provision setting forth procedures for the resolution 31670
of disputes arising out of the contract;31671

       (12) A provision stating that the hold harmless provision 31672
required by division (C)(2) of this section shall survive the 31673
termination of the contract with respect to services covered and 31674
provided under the contract during the time the contract was in 31675
effect, regardless of the reason for the termination, including 31676
the insolvency of the health insuring corporation;31677

       (13) A provision requiring those terms that are used in the 31678
contract and that are defined by this chapter, be used in the 31679
contract in a manner consistent with those definitions.31680

       This division does not apply to the coverage of beneficiaries 31681
enrolled in medicare pursuant to a medicare risk contract or 31682
medicare cost contract, or to the coverage of beneficiaries 31683
enrolled in the federal employee health benefits program pursuant 31684
to 5 U.S.C.A. 8905, or to the coverage of medicaid recipients, or 31685
to the coverage of beneficiaries under any federal health care 31686
program regulated by a federal regulatory body, or to the coverage 31687
of participants of the children's buy-in program, or to the 31688
coverage of beneficiaries under any contract covering officers or 31689
employees of the state that has been entered into by the 31690
department of administrative services.31691

       (D)(1) No health insuring corporation contract with a 31692
provider or health care facility shall contain any of the 31693
following:31694

       (a) A provision that directly or indirectly offers an 31695
inducement to the provider or health care facility to reduce or 31696
limit medically necessary health care services to a covered 31697
enrollee;31698

       (b) A provision that penalizes a provider or health care 31699
facility that assists an enrollee to seek a reconsideration of the 31700
health insuring corporation's decision to deny or limit benefits 31701
to the enrollee;31702

       (c) A provision that limits or otherwise restricts the 31703
provider's or health care facility's ethical and legal 31704
responsibility to fully advise enrollees about their medical 31705
condition and about medically appropriate treatment options;31706

       (d) A provision that penalizes a provider or health care 31707
facility for principally advocating for medically necessary health 31708
care services;31709

       (e) A provision that penalizes a provider or health care 31710
facility for providing information or testimony to a legislative 31711
or regulatory body or agency. This shall not be construed to 31712
prohibit a health insuring corporation from penalizing a provider 31713
or health care facility that provides information or testimony 31714
that is libelous or slanderous or that discloses trade secrets 31715
which the provider or health care facility has no privilege or 31716
permission to disclose.31717

       (f) A provision that violates Chapter 3963. of the Revised 31718
Code.31719

       (2) Nothing in this division shall be construed to prohibit a 31720
health insuring corporation from doing either of the following:31721

       (a) Making a determination not to reimburse or pay for a 31722
particular medical treatment or other health care service;31723

       (b) Enforcing reasonable peer review or utilization review 31724
protocols, or determining whether a particular provider or health 31725
care facility has complied with these protocols.31726

       (E) Any contract between a health insuring corporation and an 31727
intermediary organization shall clearly specify that the health 31728
insuring corporation must approve or disapprove the participation 31729
of any provider or health care facility with which the 31730
intermediary organization contracts.31731

       (F) If an intermediary organization that is not a health 31732
delivery network contracting solely with self-insured employers 31733
subcontracts with a provider or health care facility, the 31734
subcontract with the provider or health care facility shall do all 31735
of the following:31736

       (1) Contain the provisions required by divisions (C) and (G) 31737
of this section, as made applicable to an intermediary 31738
organization, without the inclusion of inducements or penalties 31739
described in division (D) of this section;31740

       (2) Acknowledge that the health insuring corporation is a 31741
third-party beneficiary to the agreement;31742

       (3) Acknowledge the health insuring corporation's role in 31743
approving the participation of the provider or health care 31744
facility, pursuant to division (E) of this section.31745

       (G) Any provider contract or contract with a health care 31746
facility shall clearly specify the health insuring corporation's 31747
statutory responsibility to monitor and oversee the offering of 31748
covered health care services to its enrollees.31749

       (H)(1) A health insuring corporation shall maintain its 31750
provider contracts and its contracts with health care facilities 31751
at one or more of its places of business in this state, and shall 31752
provide copies of these contracts to facilitate regulatory review 31753
upon written notice by the superintendent of insurance.31754

       (2) Any contract with an intermediary organization that 31755
accepts compensation shall include provisions requiring the 31756
intermediary organization to provide the superintendent with 31757
regulatory access to all books, records, financial information, 31758
and documents related to the provision of health care services to 31759
subscribers and enrollees under the contract. The contract shall 31760
require the intermediary organization to maintain such books, 31761
records, financial information, and documents at its principal 31762
place of business in this state and to preserve them for at least 31763
three years in a manner that facilitates regulatory review.31764

       (I)(1) A health insuring corporation shall notify its 31765
affected enrollees of the termination of a contract for the 31766
provision of health care services between the health insuring 31767
corporation and a primary care physician or hospital, by mail, 31768
within thirty days after the termination of the contract.31769

       (a) Notice shall be given to subscribers of the termination 31770
of a contract with a primary care physician if the subscriber, or 31771
a dependent covered under the subscriber's health care coverage, 31772
has received health care services from the primary care physician 31773
within the previous twelve months or if the subscriber or 31774
dependent has selected the physician as the subscriber's or 31775
dependent's primary care physician within the previous twelve 31776
months.31777

       (b) Notice shall be given to subscribers of the termination 31778
of a contract with a hospital if the subscriber, or a dependent 31779
covered under the subscriber's health care coverage, has received 31780
health care services from that hospital within the previous twelve 31781
months.31782

       (2) The health insuring corporation shall pay, in accordance 31783
with the terms of the contract, for all covered health care 31784
services rendered to an enrollee by a primary care physician or 31785
hospital between the date of the termination of the contract and 31786
five days after the notification of the contract termination is 31787
mailed to a subscriber at the subscriber's last known address.31788

       (J) Divisions (A) and (B) of this section do not apply to any 31789
health insuring corporation that, on June 4, 1997, holds a 31790
certificate of authority or license to operate under Chapter 1740. 31791
of the Revised Code.31792

       (K) Nothing in this section shall restrict the governing body 31793
of a hospital from exercising the authority granted it pursuant to 31794
section 3701.351 of the Revised Code.31795

       Sec. 1751.15.  (A) Each health insuring corporation shall 31796
accept individuals for open enrollment coverage as provided in 31797
sections 3923.58 and 3923.581 of the Revised Code. A health 31798
insuring corporation may reinsure coverage of any individual 31799
acquired under those sections with the open enrollment reinsurance 31800
program in accordance with division (G) of section 3924.11 of the 31801
Revised Code. Fixed periodic prepayment rates charged for coverage 31802
reinsured by the program shall be established in accordance with 31803
section 3924.12 of the Revised Code.31804

       (B) This section does not apply to any of the following:31805

        (1) Any health insuring corporation that offers only 31806
supplemental health care services or specialty health care 31807
services;31808

        (2) Any health insuring corporation that offers plans only 31809
through medicare,or medicaid, or the children's buy-in program31810
and that has no other commercial enrollment;31811

        (3) Any health insuring corporation that offers plans only 31812
through other federal health care programs regulated by federal 31813
regulatory bodies and that has no other commercial enrollment;31814

        (4) Any health insuring corporation that offers plans only 31815
through contracts covering officers or employees of the state that 31816
have been entered into by the department of administrative 31817
services and that has no other commercial enrollment.31818

       Sec. 1751.17.  (A) As used in this section, "nongroup 31819
contract" means a contract issued by a health insuring corporation 31820
to an individual who makes direct application for coverage under 31821
the contract and who, if required by the health insuring 31822
corporation, submits to medical underwriting. "Nongroup contract" 31823
does not include group conversion coverage, coverage obtained 31824
through open enrollment, or coverage issued on the basis of 31825
membership in a group.31826

       (B) Except as provided in division (C) of this section, every 31827
nongroup contract that is issued by a health insuring corporation 31828
and that makes available basic health care services shall provide 31829
an option for conversion to a contract issued on a direct-payment 31830
basis to an enrollee covered by the nongroup contract. The option 31831
for conversion shall be available:31832

       (1) Upon the death of the subscriber, to the surviving spouse 31833
with respect to the spouse or dependents who were then covered by 31834
the nongroup contract;31835

       (2) Upon the divorce, dissolution, or annulment of the 31836
marriage of the subscriber, to the divorced spouse, or, in the 31837
event of annulment, to the former spouse of the subscriber;31838

       (3) To a child solely with respect to the child, upon the 31839
child's attaining the limiting age of coverage under the nongroup 31840
contract while covered as a dependent under the contract.31841

       (C) The direct payment contract offered pursuant to division 31842
(B) of this section shall not be made available to an enrollee if 31843
any of the following applies:31844

       (1) The enrollee is, or is eligible to be, covered for 31845
benefits at least comparable to the nongroup contract under any of 31846
the following:31847

       (a) Medicaid;31848

       (b) The children's buy-in program;31849

       (c) Medicare;31850

       (d)(c) Any act of congress or law under this or any other 31851
state of the United States providing coverage at least comparable 31852
to the benefits offered under division (C)(1)(a),or (b), or (c)31853
of this section.31854

       (2) The nongroup contract under which the enrollee was 31855
covered was terminated due to nonpayment of a premium rate.31856

       (3) The enrollee is eligible for group coverage provided by, 31857
or available through, an employer or association and the group 31858
coverage provides benefits comparable to the benefits provided 31859
under a direct payment contract.31860

       (D) The direct payment contract offered pursuant to division 31861
(B) of this section shall provide benefits that are at least 31862
comparable to the benefits provided by the nongroup contract under 31863
which the enrollee was covered at the time of the occurrence of 31864
any of the events set forth in division (B) of this section. The 31865
coverage provided under the direct payment contract shall be 31866
continuous, provided that the enrollee makes the required premium 31867
rate payment within the thirty-day period immediately following 31868
the occurrence of the event, and may be terminated for nonpayment 31869
of any required premium rate payment.31870

       (E) The evidence of coverage of every nongroup contract shall 31871
contain notice that an option for conversion to a contract issued 31872
on a direct-payment basis is available, in accordance with this 31873
section, to any enrollee covered by the contract.31874

       (F) Benefits otherwise payable to an enrollee under a direct 31875
payment contract shall be reduced by the amount of any benefits 31876
available to the enrollee under any applicable group health 31877
insuring corporation contract or group sickness and accident 31878
insurance policy.31879

       (G) Nothing in this section shall be construed as requiring a 31880
health insuring corporation to offer nongroup contracts.31881

       (H) This section does not apply to any nongroup contract 31882
offering only supplemental health care services or specialty 31883
health care services.31884

       Sec. 1751.20.  (A) No health insuring corporation, or agent, 31885
employee, or representative of a health insuring corporation, 31886
shall use any advertisement or solicitation document, or shall 31887
engage in any activity, that is unfair, untrue, misleading, or 31888
deceptive.31889

       (B) No health insuring corporation shall use a name that is 31890
deceptively similar to the name or description of any insurance or 31891
surety corporation doing business in this state.31892

       (C) All solicitation documents, advertisements, evidences of 31893
coverage, and enrollee identification cards used by a health 31894
insuring corporation shall contain the health insuring 31895
corporation's name. The use of a trade name, an insurance group 31896
designation, the name of a parent company, the name of a division 31897
of an affiliated insurance company, a service mark, a slogan, a 31898
symbol, or other device, without the name of the health insuring 31899
corporation as stated in its articles of incorporation, shall not 31900
satisfy this requirement if the usage would have the capacity and 31901
tendency to mislead or deceive persons as to the true identity of 31902
the health insuring corporation.31903

       (D) No solicitation document or advertisement used by a 31904
health insuring corporation shall contain any words, symbols, or 31905
physical materials that are so similar in content, phraseology, 31906
shape, color, or other characteristic to those used by an agency 31907
of the federal government or this state, that prospective 31908
enrollees may be led to believe that the solicitation document or 31909
advertisement is connected with an agency of the federal 31910
government or this state.31911

       (E) A health insuring corporation that provides basic health 31912
care services may use the phrase "health maintenance organization" 31913
or the abbreviation "HMO" in its marketing name, advertising, 31914
solicitation documents, or marketing literature, or in reference 31915
to the phrase "doing business as" or the abbreviation "DBA."31916

       (F) This section does not apply to the coverage of 31917
beneficiaries enrolled in medicare pursuant to a medicare risk 31918
contract or medicare cost contract, or to the coverage of 31919
beneficiaries enrolled in the federal employee health benefits 31920
program pursuant to 5 U.S.C.A. 8905, or to the coverage of 31921
medicaid recipients, or to the coverage of participants of the 31922
children's buy-in program, or to the coverage of beneficiaries 31923
under any federal health care program regulated by a federal 31924
regulatory body, or to the coverage of beneficiaries under any 31925
contract covering officers or employees of the state that has been 31926
entered into by the department of administrative services.31927

       Sec. 1751.31.  (A) Any changes in a health insuring 31928
corporation's solicitation document shall be filed with the 31929
superintendent of insurance. The superintendent, within sixty days 31930
of filing, may disapprove any solicitation document or amendment 31931
to it on any of the grounds stated in this section. Such 31932
disapproval shall be effected by written notice to the health 31933
insuring corporation. The notice shall state the grounds for 31934
disapproval and shall be issued in accordance with Chapter 119. of 31935
the Revised Code.31936

       (B) The solicitation document shall contain all information 31937
necessary to enable a consumer to make an informed choice as to 31938
whether or not to enroll in the health insuring corporation. The 31939
information shall include a specific description of the health 31940
care services to be available and the approximate number and type 31941
of full-time equivalent medical practitioners. The information 31942
shall be presented in the solicitation document in a manner that 31943
is clear, concise, and intelligible to prospective applicants in 31944
the proposed service area.31945

       (C) Every potential applicant whose subscription to a health 31946
care plan is solicited shall receive, at or before the time of 31947
solicitation, a solicitation document approved by the 31948
superintendent.31949

       (D) Notwithstanding division (A) of this section, a health 31950
insuring corporation may use a solicitation document that the 31951
corporation uses in connection with policies for medicare 31952
beneficiaries pursuant to a medicare risk contract or medicare 31953
cost contract, or for policies for beneficiaries of the federal 31954
employees health benefits program pursuant to 5 U.S.C.A. 8905, or 31955
for policies for medicaid recipients, or for policies for 31956
beneficiaries of any other federal health care program regulated 31957
by a federal regulatory body, or for policies for participants of 31958
the children's buy-in program, or for policies for beneficiaries 31959
of contracts covering officers or employees of the state entered 31960
into by the department of administrative services, if both of the 31961
following apply:31962

       (1) The solicitation document has been approved by the United 31963
States department of health and human services, the United States 31964
office of personnel management, the department of job and family 31965
services, or the department of administrative services.31966

       (2) The solicitation document is filed with the 31967
superintendent of insurance prior to use and is accompanied by 31968
documentation of approval from the United States department of 31969
health and human services, the United States office of personnel 31970
management, the department of job and family services, or the 31971
department of administrative services.31972

       (E) No health insuring corporation, or its agents or 31973
representatives, shall use monetary or other valuable 31974
consideration, engage in misleading or deceptive practices, or 31975
make untrue, misleading, or deceptive representations to induce 31976
enrollment. Nothing in this division shall prohibit incentive 31977
forms of remuneration such as commission sales programs for the 31978
health insuring corporation's employees and agents.31979

       (F) Any person obligated for any part of a premium rate in 31980
connection with an enrollment agreement, in addition to any right 31981
otherwise available to revoke an offer, may cancel such agreement 31982
within seventy-two hours after having signed the agreement or 31983
offer to enroll. Cancellation occurs when written notice of the 31984
cancellation is given to the health insuring corporation or its 31985
agents or other representatives. A notice of cancellation mailed 31986
to the health insuring corporation shall be considered to have 31987
been filed on its postmark date.31988

       (G) Nothing in this section shall prohibit healthy lifestyle 31989
programs.31990

       Sec. 1751.34.  (A) Each health insuring corporation and each 31991
applicant for a certificate of authority under this chapter shall 31992
be subject to examination by the superintendent of insurance in 31993
accordance with section 3901.07 of the Revised Code. Section 31994
3901.07 of the Revised Code shall govern every aspect of the 31995
examination, including the circumstances under and frequency with 31996
which it is conducted, the authority of the superintendent and any 31997
examiner or other person appointed by the superintendent, the 31998
liability for the assessment of expenses incurred in conducting 31999
the examination, and the remittance of the assessment to the 32000
superintendent's examination fund.32001

       (B) The superintendent shall make an examination concerning 32002
the matters subject to the superintendent's consideration in 32003
section 1751.04 of the Revised Code as often as the superintendent 32004
considers it necessary for the protection of the interests of the 32005
people of this state. The expenses of such examinations shall be 32006
assessed against the health insuring corporation being examined in 32007
the manner in which expenses of examinations are assessed against 32008
an insurance company under section 3901.07 of the Revised Code. 32009
Nothing in this division requires the superintendent to make an 32010
examination of any of the following:32011

       (1) A health insuring corporation that covers solely medicaid 32012
recipients;32013

       (2) A health insuring corporation that covers solely medicare 32014
beneficiaries;32015

       (3) A health insuring corporation that covers solely medicaid 32016
recipients and medicare beneficiaries;32017

       (4) A health insuring corporation that covers solely 32018
participants of the children's buy-in program;32019

       (5) A health insuring corporation that covers solely medicaid 32020
recipients and participants of the children's buy-in program;32021

       (6) A health insuring corporation that covers solely medicaid 32022
recipients, medicare beneficiaries, and participants of the 32023
children's buy-in program.32024

       (C) An examination, pursuant to section 3901.07 of the 32025
Revised Code, of an insurance company holding a certificate of 32026
authority under this chapter to organize and operate a health 32027
insuring corporation shall include an examination of the health 32028
insuring corporation pursuant to this section and the examination 32029
shall satisfy the requirements of divisions (A) and (B) of this 32030
section.32031

       (D) The superintendent may conduct market conduct 32032
examinations pursuant to section 3901.011 of the Revised Code of 32033
any health insuring corporation as often as the superintendent 32034
considers it necessary for the protection of the interests of 32035
subscribers and enrollees. The expenses of such market conduct 32036
examinations shall be assessed against the health insuring 32037
corporation being examined. All costs, assessments, or fines 32038
collected under this division shall be paid into the state 32039
treasury to the credit of the department of insurance operating 32040
fund.32041

       Sec. 1751.60.  (A) Except as provided for in divisions (E) 32042
and (F) of this section, every provider or health care facility 32043
that contracts with a health insuring corporation to provide 32044
health care services to the health insuring corporation's 32045
enrollees or subscribers shall seek compensation for covered 32046
services solely from the health insuring corporation and not, 32047
under any circumstances, from the enrollees or subscribers, except 32048
for approved copayments and deductibles.32049

       (B) No subscriber or enrollee of a health insuring 32050
corporation is liable to any contracting provider or health care 32051
facility for the cost of any covered health care services, if the 32052
subscriber or enrollee has acted in accordance with the evidence 32053
of coverage.32054

       (C) Except as provided for in divisions (E) and (F) of this 32055
section, every contract between a health insuring corporation and 32056
provider or health care facility shall contain a provision 32057
approved by the superintendent of insurance requiring the provider 32058
or health care facility to seek compensation solely from the 32059
health insuring corporation and not, under any circumstances, from 32060
the subscriber or enrollee, except for approved copayments and 32061
deductibles.32062

       (D) Nothing in this section shall be construed as preventing 32063
a provider or health care facility from billing the enrollee or 32064
subscriber of a health insuring corporation for noncovered 32065
services.32066

       (E) Upon application by a health insuring corporation and a 32067
provider or health care facility, the superintendent may waive the 32068
requirements of divisions (A) and (C) of this section when, in 32069
addition to the reserve requirements contained in section 1751.28 32070
of the Revised Code, the health insuring corporation provides 32071
sufficient assurances to the superintendent that the provider or 32072
health care facility has been provided with financial guarantees. 32073
No waiver of the requirements of divisions (A) and (C) of this 32074
section is effective as to enrollees or subscribers for whom the 32075
health insuring corporation is compensated under a provider 32076
agreement or risk contract entered into pursuant to Chapter 5111. 32077
or 5115. of the Revised Code or under the children's buy-in 32078
program.32079

       (F) The requirements of divisions (A) to (C) of this section 32080
apply only to health care services provided to an enrollee or 32081
subscriber prior to the effective date of a termination of a 32082
contract between the health insuring corporation and the provider 32083
or health care facility.32084

       Sec. 1761.04.  (A) The licensing and operation of a credit 32085
union share guaranty corporation is subject to the regulation of 32086
the superintendent of insurance pursuant to Chapters 3901., 3903., 32087
3905., 3925., 3927., 3929., 3937., 3941., and 3999. of the Revised 32088
Code to the extent such laws are otherwise applicable and are not 32089
in conflict with this chapter.32090

       (B) A credit union share guaranty corporation shall pay, by 32091
the fifteenth day of April of each year, to the superintendent of 32092
credit unions, an annual fee of one-half of one per cent of its 32093
guarantee fund as shown by the corporation's last annual financial 32094
report, but in no event shall such payment exceed fivetwenty-five32095
thousand dollars in any calendar year.32096

       (C) In addition to the specific powers and duties given the 32097
superintendent of insurance and the superintendent of credit 32098
unions under this chapter, the superintendents may independently, 32099
pursuant to Chapter 119. of the Revised Code, adopt, amend, and 32100
rescind such rules as are necessary to implement the requirements 32101
of this chapter.32102

       Sec. 1776.83. (A) A limited liability partnership and a 32103
foreign limited liability partnership authorized to transact 32104
business in this state shall file a biennial report in the office 32105
of the secretary of state. The report shall contain all of the 32106
following:32107

       (1) The name of the limited liability partnership and the 32108
state or other jurisdiction under whose laws the foreign limited 32109
liability partnership is formed;32110

       (2) The street address of the partnership's chief executive 32111
office and, if the partnership's chief executive office is not in 32112
this state, the street address of any office of the partnership in 32113
this state;32114

       (3) If the partnership does not have an office in this state, 32115
the name and street address of the partnership's current agent for 32116
service of process.32117

       (B) A partnership shall file a biennial report between the 32118
first day of April and the first day of July of each odd-numbered 32119
year that follows the calendar year in which the partnership files 32120
a statement of qualification or a foreign partnership becomes 32121
authorized to transact business in this state.32122

       (C) The secretary of state may revoke the statement of 32123
qualification of any partnership that fails to file a biennial 32124
report when due or pay the required filing fee. To revoke a 32125
statement, the secretary of state shall provide the partnership at 32126
least sixty days' written notice of the intent to revoke, mailed 32127
to the partnership at its chief executive office set forth in the 32128
last filed statement of qualification or biennial report or sent 32129
by electronic mail to the last electronic mail address provided to 32130
the secretary of state. The notice shall specify the report that 32131
the partnership failed to file, the unpaid fee, and the effective 32132
date of the revocation. The revocation is not effective if the 32133
partnership files the report and pays the fee before the effective 32134
date of the revocation.32135

       (D) A revocation under division (C) of this section affects 32136
only a partnership's status as a limited liability partnership and 32137
is not an event of dissolution of the partnership.32138

       (E) A partnership whose statement of qualification is revoked 32139
may apply to the secretary of state for reinstatement within two 32140
years after the effective date of the revocation. The application 32141
for reinstatement shall state the name of the partnership, the 32142
effective date of the revocation, and that the ground for 32143
revocation either did not exist or has been corrected.32144

       (F) A reinstatement under division (E) of this section 32145
relates back to and takes effect as of the effective date of the 32146
revocation, and the partnership's status as a limited liability 32147
partnership continues as if the revocation had never occurred.32148

       Sec. 1785.06.  A professional association, within thirty days 32149
after the thirtieth day of June in each even-numbered year, shall 32150
furnish a statement to the secretary of state showing the names 32151
and post-office addresses of all of the shareholders in the 32152
association and certifying that all of the shareholders are duly 32153
licensed, certificated, or otherwise legally authorized to render 32154
within this state the same professional service for which the 32155
association was organized or, in the case of a combination of 32156
professional services described in division (B) of section 1785.01 32157
of the Revised Code, to render within this state any of the 32158
applicable types of professional services for which the 32159
association was organized. This statement shall be made on a form 32160
that the secretary of state shall prescribe, shall be signed by an 32161
officer of the association, and shall be filed in the office of 32162
the secretary of state.32163

       If any professional association fails to file the biennial 32164
statement within the time required by this section, the secretary 32165
of state shall give notice of the failure by certifiedordinary or 32166
electronic mail, return receipt requested, to the last known 32167
physical or electronic address of the association or its agent. If 32168
the biennial statement is not filed within thirty days after the 32169
mailing of the notice, the secretary of state, upon the expiration 32170
of that period, shall cancel the association's articles of 32171
incorporation, give notice of the cancellation to the association 32172
by ordinary or electronic mail sent to the last known physical or 32173
electronic address of the association or its agent, and make a 32174
notation of the cancellation on the records of the secretary of 32175
state.32176

       A professional association whose articles have been canceled 32177
pursuant to this section may be reinstated by filing an 32178
application for reinstatement and the required biennial statement 32179
or statements and by paying the reinstatement fee specified in 32180
division (Q) of section 111.16 of the Revised Code. The rights, 32181
privileges, and franchises of a professional association whose 32182
articles have been reinstated are subject to section 1701.922 of 32183
the Revised Code. The secretary of state shall inform the tax 32184
commissioner of all cancellations and reinstatements under this 32185
section.32186

       Sec. 1901.18.  (A) Except as otherwise provided in this 32187
division or section 1901.181 of the Revised Code, subject to the 32188
monetary jurisdiction of municipal courts as set forth in section 32189
1901.17 of the Revised Code, a municipal court has original 32190
jurisdiction within its territory in all of the following actions 32191
or proceedings and to perform all of the following functions:32192

       (1) In any civil action, of whatever nature or remedy, of 32193
which judges of county courts have jurisdiction;32194

       (2) In any action or proceeding at law for the recovery of 32195
money or personal property of which the court of common pleas has 32196
jurisdiction;32197

       (3) In any action at law based on contract, to determine, 32198
preserve, and enforce all legal and equitable rights involved in 32199
the contract, to decree an accounting, reformation, or 32200
cancellation of the contract, and to hear and determine all legal 32201
and equitable remedies necessary or proper for a complete 32202
determination of the rights of the parties to the contract;32203

       (4) In any action or proceeding for the sale of personal 32204
property under chattel mortgage, lien, encumbrance, or other 32205
charge, for the foreclosure and marshalling of liens on personal 32206
property of that nature, and for the rendering of personal 32207
judgment in the action or proceeding;32208

       (5) In any action or proceeding to enforce the collection of 32209
its own judgments or the judgments rendered by any court within 32210
the territory to which the municipal court has succeeded, and to 32211
subject the interest of a judgment debtor in personal property to 32212
satisfy judgments enforceable by the municipal court;32213

       (6) In any action or proceeding in the nature of 32214
interpleader;32215

       (7) In any action of replevin;32216

       (8) In any action of forcible entry and detainer;32217

       (9) In any action concerning the issuance and enforcement of 32218
temporary protection orders pursuant to section 2919.26 of the 32219
Revised Code or protection orders pursuant to section 2903.213 of 32220
the Revised Code or the enforcement of protection orders issued by 32221
courts of another state, as defined in section 2919.27 of the 32222
Revised Code;32223

       (10) If the municipal court has a housing or environmental 32224
division, in any action over which the division is given 32225
jurisdiction by section 1901.181 of the Revised Code, provided 32226
that, except as specified in division (B) of that section, no 32227
judge of the court other than the judge of the division shall hear 32228
or determine any action over which the division has jurisdiction;32229

       (11) In any action brought pursuant to division (I) of 32230
section 3733.114781.40 of the Revised Code, if the residential 32231
premises that are the subject of the action are located within the 32232
territorial jurisdiction of the court;32233

       (12) In any civil action as described in division (B)(1) of 32234
section 3767.41 of the Revised Code that relates to a public 32235
nuisance, and, to the extent any provision of this chapter 32236
conflicts or is inconsistent with a provision of that section, the 32237
provision of that section shall control in the civil action.32238

       (B) The Cleveland municipal court also shall have 32239
jurisdiction within its territory in all of the following actions 32240
or proceedings and to perform all of the following functions:32241

       (1) In all actions and proceedings for the sale of real 32242
property under lien of a judgment of the municipal court or a lien 32243
for machinery, material, or fuel furnished or labor performed, 32244
irrespective of amount, and, in those actions and proceedings, the 32245
court may proceed to foreclose and marshal all liens and all 32246
vested or contingent rights, to appoint a receiver, and to render 32247
personal judgment irrespective of amount in favor of any party.32248

       (2) In all actions for the foreclosure of a mortgage on real 32249
property given to secure the payment of money or the enforcement 32250
of a specific lien for money or other encumbrance or charge on 32251
real property, when the amount claimed by the plaintiff does not 32252
exceed fifteen thousand dollars and the real property is situated 32253
within the territory, and, in those actions, the court may proceed 32254
to foreclose all liens and all vested and contingent rights and 32255
may proceed to render judgments and make findings and orders 32256
between the parties in the same manner and to the same extent as 32257
in similar actions in the court of common pleas.32258

       (3) In all actions for the recovery of real property situated 32259
within the territory to the same extent as courts of common pleas 32260
have jurisdiction;32261

       (4) In all actions for injunction to prevent or terminate 32262
violations of the ordinances and regulations of the city of 32263
Cleveland enacted or promulgated under the police power of the 32264
city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio 32265
Constitution, over which the court of common pleas has or may have 32266
jurisdiction, and, in those actions, the court may proceed to 32267
render judgments and make findings and orders in the same manner 32268
and to the same extent as in similar actions in the court of 32269
common pleas.32270

       Sec. 1909.11.  A county court judge has jurisdiction in any 32271
action brought pursuant to division (I) of section 3733.114781.4032272
of the Revised Code if the residential premises that are the 32273
subject of the action are located within the territorial 32274
jurisdiction of the judge's county court district.32275

       Sec. 1923.01.  (A) As provided in this chapter, any judge of 32276
a county or municipal court or a court of common pleas, within the 32277
judge's proper area of jurisdiction, may inquire about persons who 32278
make unlawful and forcible entry into lands or tenements and 32279
detain them, and about persons who make a lawful and peaceable 32280
entry into lands or tenements and hold them unlawfully and by 32281
force. If, upon the inquiry, it is found that an unlawful and 32282
forcible entry has been made and the lands or tenements are 32283
detained, or that, after a lawful entry, lands or tenements are 32284
held unlawfully and by force, a judge shall cause the plaintiff in 32285
an action under this chapter to have restitution of the lands or 32286
tenements.32287

       (B) An action shall be brought under this chapter within two 32288
years after the cause of action accrues.32289

       (C) As used in this chapter:32290

       (1) "Tenant" means a person who is entitled under a rental 32291
agreement to the use or occupancy of premises, other than premises 32292
located in a manufactured home park, to the exclusion of others, 32293
except that as used in division (A)(6) of section 1923.02 and 32294
section 1923.051 of the Revised Code, "tenant" includes a 32295
manufactured home park resident.32296

       (2) "Landlord" means the owner, lessor, or sublessor of 32297
premises, or the agent or person the landlord authorizes to manage 32298
premises or to receive rent from a tenant under a rental 32299
agreement, except, if required by the facts of the action to which 32300
the term is applied, "landlord" means a park operator.32301

       (3) "Resident" has the same meaning as in section 3733.0132302
4781.01 of the Revised Code.32303

       (4) "Residential premises" has the same meaning as in section 32304
5321.01 of the Revised Code, except, if required by the facts of 32305
the action to which the term is applied, "residential premises" 32306
has the same meaning as in section 3733.014781.01 of the Revised 32307
Code.32308

       (5) "Rental agreement" means any agreement or lease, written 32309
or oral, that establishes or modifies the terms, conditions, 32310
rules, or other provisions concerning the use or occupancy of 32311
premises by one of the parties to the agreement or lease, except 32312
that "rental agreement," as used in division (A)(13) of section 32313
1923.02 of the Revised Code and where the context requires as used 32314
in this chapter, means a rental agreement as defined in division 32315
(D) of section 5322.01 of the Revised Code.32316

       (6) "Controlled substance" has the same meaning as in section 32317
3719.01 of the Revised Code.32318

       (7) "School premises" has the same meaning as in section 32319
2925.01 of the Revised Code.32320

       (8) "Sexually oriented offense" and "child-victim oriented 32321
offense" have the same meanings as in section 2950.01 of the 32322
Revised Code.32323

       (9) "Recreational vehicle" and "mobile home" have the same 32324
meanings as in section 4501.01 of the Revised Code.32325

       (10) "Manufactured home" has the same meaning as in section 32326
3781.06 of the Revised Code.32327

       (11) "Manufactured home park" has the same meaning as in 32328
section 3733.014781.01 of the Revised Code and also means any 32329
tract of land upon which one or two manufactured or mobile homes 32330
used for habitation are parked, either free of charge or for 32331
revenue purposes, pursuant to rental agreements between the owners 32332
of the manufactured or mobile homes and the owner of the tract of 32333
land.32334

       (12) "Park operator" has the same meaning as in section 32335
3733.014781.01 of the Revised Code and also means a landlord of 32336
premises upon which one or two manufactured or mobile homes used 32337
for habitation are parked, either free of charge or for revenue 32338
purposes, pursuant to rental agreements between the owners of the 32339
manufactured or mobile homes and a landlord who is not licensed as 32340
a manufactured home park operator pursuant to Chapter 3733.4781.32341
of the Revised Code.32342

        (13) "Personal property" means tangible personal property 32343
other than a manufactured home, mobile home, or recreational 32344
vehicle that is the subject of an action under this chapter.32345

       (14) "Preschool or child day-care center premises" has the 32346
same meaning as in section 2950.034 of the Revised Code.32347

       Sec. 1923.02.  (A) Proceedings under this chapter may be had 32348
as follows:32349

       (1) Against tenants or manufactured home park residents 32350
holding over their terms;32351

       (2) Against tenants or manufactured home park residents in 32352
possession under an oral tenancy, who are in default in the 32353
payment of rent as provided in division (B) of this section;32354

       (3) In sales of real estate, on executions, orders, or other 32355
judicial process, when the judgment debtor was in possession at 32356
the time of the rendition of the judgment or decree, by virtue of 32357
which the sale was made;32358

       (4) In sales by executors, administrators, or guardians, and 32359
on partition, when any of the parties to the complaint were in 32360
possession at the commencement of the action, after the sales, so 32361
made on execution or otherwise, have been examined by the proper 32362
court and adjudged legal;32363

       (5) When the defendant is an occupier of lands or tenements, 32364
without color of title, and the complainant has the right of 32365
possession to them;32366

       (6) In any other case of the unlawful and forcible detention 32367
of lands or tenements. For purposes of this division, in addition 32368
to any other type of unlawful and forcible detention of lands or 32369
tenements, such a detention may be determined to exist when both 32370
of the following apply:32371

       (a) A tenant fails to vacate residential premises within 32372
three days after both of the following occur:32373

       (i) The tenant's landlord has actual knowledge of or has 32374
reasonable cause to believe that the tenant, any person in the 32375
tenant's household, or any person on the premises with the consent 32376
of the tenant previously has or presently is engaged in a 32377
violation of Chapter 2925. or 3719. of the Revised Code, or of a 32378
municipal ordinance that is substantially similar to any section 32379
in either of those chapters, which involves a controlled substance 32380
and which occurred in, is occurring in, or otherwise was or is 32381
connected with the premises, whether or not the tenant or other 32382
person has been charged with, has pleaded guilty to or been 32383
convicted of, or has been determined to be a delinquent child for 32384
an act that, if committed by an adult, would be a violation as 32385
described in this division. For purposes of this division, a 32386
landlord has "actual knowledge of or has reasonable cause to 32387
believe" that a tenant, any person in the tenant's household, or 32388
any person on the premises with the consent of the tenant 32389
previously has or presently is engaged in a violation as described 32390
in this division if a search warrant was issued pursuant to 32391
Criminal Rule 41 or Chapter 2933. of the Revised Code; the 32392
affidavit presented to obtain the warrant named or described the 32393
tenant or person as the individual to be searched and particularly 32394
described the tenant's premises as the place to be searched, named 32395
or described one or more controlled substances to be searched for 32396
and seized, stated substantially the offense under Chapter 2925. 32397
or 3719. of the Revised Code or the substantially similar 32398
municipal ordinance that occurred in, is occurring in, or 32399
otherwise was or is connected with the tenant's premises, and 32400
states the factual basis for the affiant's belief that the 32401
controlled substances are located on the tenant's premises; the 32402
warrant was properly executed by a law enforcement officer and any 32403
controlled substance described in the affidavit was found by that 32404
officer during the search and seizure; and, subsequent to the 32405
search and seizure, the landlord was informed by that or another 32406
law enforcement officer of the fact that the tenant or person has 32407
or presently is engaged in a violation as described in this 32408
division and it occurred in, is occurring in, or otherwise was or 32409
is connected with the tenant's premises.32410

       (ii) The landlord gives the tenant the notice required by 32411
division (C) of section 5321.17 of the Revised Code.32412

       (b) The court determines, by a preponderance of the evidence, 32413
that the tenant, any person in the tenant's household, or any 32414
person on the premises with the consent of the tenant previously 32415
has or presently is engaged in a violation as described in 32416
division (A)(6)(a)(i) of this section.32417

       (7) In cases arising out of Chapter 5313. of the Revised 32418
Code. In those cases, the court has the authority to declare a 32419
forfeiture of the vendee's rights under a land installment 32420
contract and to grant any other claims arising out of the 32421
contract.32422

       (8) Against tenants who have breached an obligation that is 32423
imposed by section 5321.05 of the Revised Code, other than the 32424
obligation specified in division (A)(9) of that section, and that 32425
materially affects health and safety. Prior to the commencement of 32426
an action under this division, notice shall be given to the tenant 32427
and compliance secured with section 5321.11 of the Revised Code.32428

       (9) Against tenants who have breached an obligation imposed 32429
upon them by a written rental agreement;32430

       (10) Against manufactured home park residents who have 32431
defaulted in the payment of rent or breached the terms of a rental 32432
agreement with a park operator. Nothing in this division precludes 32433
the commencement of an action under division (A)(12) of this 32434
section when the additional circumstances described in that 32435
division apply.32436

       (11) Against manufactured home park residents who have 32437
committed two material violations of the rules of the manufactured 32438
home park, of the public health councilmanufactured homes 32439
commission, or of applicable state and local health and safety 32440
codes and who have been notified of the violations in compliance 32441
with section 3733.134781.45 of the Revised Code;32442

       (12) Against a manufactured home park resident, or the estate 32443
of a manufactured home park resident, who as a result of death or 32444
otherwise has been absent from the manufactured home park for a 32445
period of thirty consecutive days prior to the commencement of an 32446
action under this division and whose manufactured home or mobile 32447
home, or recreational vehicle that is parked in the manufactured 32448
home park, has been left unoccupied for that thirty-day period, 32449
without notice to the park operator and without payment of rent 32450
due under the rental agreement with the park operator;32451

       (13) Against occupants of self-service storage facilities, as 32452
defined in division (A) of section 5322.01 of the Revised Code, 32453
who have breached the terms of a rental agreement or violated 32454
section 5322.04 of the Revised Code;32455

       (14) Against any resident or occupant who, pursuant to a 32456
rental agreement, resides in or occupies residential premises 32457
located within one thousand feet of any school premises or 32458
preschool or child day-care center premises and to whom both of 32459
the following apply:32460

       (a) The resident's or occupant's name appears on the state 32461
registry of sex offenders and child-victim offenders maintained 32462
under section 2950.13 of the Revised Code.32463

       (b) The state registry of sex offenders and child-victim 32464
offenders indicates that the resident or occupant was convicted of 32465
or pleaded guilty to a sexually oriented offense or a child-victim 32466
oriented offense in a criminal prosecution and was not sentenced 32467
to a serious youthful offender dispositional sentence for that 32468
offense.32469

       (15) Against any tenant who permits any person to occupy 32470
residential premises located within one thousand feet of any 32471
school premises or preschool or child day-care center premises if 32472
both of the following apply to the person:32473

        (a) The person's name appears on the state registry of sex 32474
offenders and child-victim offenders maintained under section 32475
2950.13 of the Revised Code.32476

        (b) The state registry of sex offenders and child-victim 32477
offenders indicates that the person was convicted of or pleaded 32478
guilty to a sexually oriented offense or a child-victim oriented 32479
offense in a criminal prosecution and was not sentenced to a 32480
serious youthful offender dispositional sentence for that offense.32481

       (B) If a tenant or manufactured home park resident holding 32482
under an oral tenancy is in default in the payment of rent, the 32483
tenant or resident forfeits the right of occupancy, and the 32484
landlord may, at the landlord's option, terminate the tenancy by 32485
notifying the tenant or resident, as provided in section 1923.04 32486
of the Revised Code, to leave the premises, for the restitution of 32487
which an action may then be brought under this chapter.32488

       (C)(1) If a tenant or any other person with the tenant's 32489
permission resides in or occupies residential premises that are 32490
located within one thousand feet of any school premises and is a 32491
resident or occupant of the type described in division (A)(14) of 32492
this section or a person of the type described in division (A)(15) 32493
of this section, the landlord for those residential premises, upon 32494
discovery that the tenant or other person is a resident, occupant, 32495
or person of that nature, may terminate the rental agreement or 32496
tenancy for those residential premises by notifying the tenant and 32497
all other occupants, as provided in section 1923.04 of the Revised 32498
Code, to leave the premises.32499

       (2) If a landlord is authorized to terminate a rental 32500
agreement or tenancy pursuant to division (C)(1) of this section 32501
but does not so terminate the rental agreement or tenancy, the 32502
landlord is not liable in a tort or other civil action in damages 32503
for any injury, death, or loss to person or property that 32504
allegedly result from that decision.32505

       (D) This chapter does not apply to a student tenant as 32506
defined by division (H) of section 5321.01 of the Revised Code 32507
when the college or university proceeds to terminate a rental 32508
agreement pursuant to section 5321.031 of the Revised Code.32509

       Sec. 1923.061.  (A) Any defense in an action under this 32510
chapter may be asserted at trial.32511

       (B) In an action for possession of residential premises based 32512
upon nonpayment of the rent or in an action for rent when the 32513
tenant or manufactured home park resident is in possession, the 32514
tenant or resident may counterclaim for any amount hethe tenant 32515
or resident may recover under the rental agreement or under 32516
Chapter 3733.4781. or 5321. of the Revised Code. In that event, 32517
the court from time to time may order the tenant or resident to 32518
pay into court all or part of the past due rent and rent becoming 32519
due during the pendency of the action. After trial and judgment, 32520
the party to whom a net judgment is owed shall be paid first from 32521
the money paid into court, and any balance shall be satisfied as 32522
any other judgment. If no rent remains due after application of 32523
this division, judgment shall be entered for the tenant or 32524
resident in the action for possession. If the tenant or resident 32525
has paid into court an amount greater than that necessary to 32526
satisfy a judgment obtained by the landlord, the balance shall be 32527
returned by the court to the tenant or resident.32528

       Sec. 1923.15.  During any proceeding involving residential 32529
premises under this chapter, the court may order an appropriate 32530
governmental agency to inspect the residential premises. If the 32531
agency determines and the court finds conditions which constitute 32532
a violation of section 3733.104781.38 or 5321.04 of the Revised 32533
Code, and if the premises have been vacated or are to be restored 32534
to the landlord, the court may issue an order forbidding the 32535
re-rental of the property until such conditions are corrected. If 32536
the agency determines and the court finds such conditions, and if 32537
the court finds that the tenant or manufactured home park resident 32538
may remain in possession, the court may order such conditions 32539
corrected. If such conditions have been caused by the tenant or 32540
resident, the court may award damages to the landlord equal to the 32541
reasonable cost of correcting such conditions.32542

       Sec. 2101.08.  The probate judge may appoint a stenographic32543
reporter and fix histhe reporter's compensation in the manner 32544
provided for the court of common pleas in sections 2301.18 to 32545
2301.26, inclusive, of the Revised Code.32546

       Sec. 2105.09.  (A) The county auditor, unless hethe auditor32547
acts pursuant to division (C) of this section, shall take 32548
possession of real property escheated to the state that is located 32549
in histhe auditor's county and outside the incorporated area of a 32550
city. The auditor shall take possession in the name of the state 32551
and sell the property at public auction, at the county seat of the 32552
county, to the highest bidder, after having given thirty days' 32553
notice of the intended sale in a newspaper published withinof 32554
general circulation in the county or as provided in section 7.16 32555
of the Revised Code.32556

       On the application of the auditor, the court of common pleas 32557
shall appoint three disinterested freeholders of the county to 32558
appraise the real property. The freeholders shall be governed by 32559
the same rule as appraisers in sheriffs' or administrators' sales. 32560
The auditor shall sell the property at not less than two thirds of 32561
its appraised value and may sell it for cash, or for one-third 32562
cash and the balance in equal annual payments, the deferred 32563
payments to be amply secured. Upon payment of the whole 32564
consideration, the auditor shall execute a deed to the purchaser, 32565
in the name and on behalf of the state. The proceeds of the sale 32566
shall be paid by the auditor to the county treasurer.32567

       If there is a regularly organized agricultural society within 32568
the county, the treasurer shall pay the greater of six hundred 32569
dollars or five per cent of the proceeds, in any case, to the 32570
society. The excess of the proceeds, or the whole thereof if there 32571
is no regularly organized agricultural society within the county, 32572
shall be distributed as follows:32573

       (1) Twenty-five per cent shall be paid equally to the 32574
townships of the county;32575

       (2) Seventy per cent shall be paid into the state treasury to 32576
the credit of the agro Ohio fund created under section 901.04 of 32577
the Revised Code;32578

       (3) Five per cent shall be credited to the county general 32579
fund for such lawful purposes as the board of county commissioners 32580
provides.32581

       (B) The legislative authority of a city within which are 32582
lands escheated to the state, unless it acts pursuant to division 32583
(C) of this section, shall take possession of the lands for the 32584
city, and the title to the lands shall vest in the city. The city 32585
shall use the premises primarily for health, welfare, or 32586
recreational purposes, or may lease them at such prices and for 32587
such purposes as it considers proper. With the approval of the tax 32588
commissioner, the city may sell the lands or any undivided 32589
interest in the lands, in the same manner as is provided in the 32590
sale of land not needed for any municipal purposes; provided, that 32591
the net proceeds from the rent or sale of the premises shall be 32592
devoted to health, welfare, or recreational purposes.32593

       (C) As an alternative to the procedure prescribed in 32594
divisions (A) and (B) of this section, the county auditor, or if 32595
the real property is located within the incorporated area of a 32596
city, the legislative authority of that city by an affirmative 32597
vote of at least a majority of its members, may request the 32598
probate court to direct the administrator or executor of the 32599
estate that contains the escheated property to commence an action 32600
in the probate court for authority to sell the real property in 32601
the manner provided in Chapter 2127. of the Revised Code. The 32602
proceeds from the sale of real property that is located outside 32603
the incorporated area of a city shall be distributed by the court 32604
in the same manner as the proceeds are distributed under division 32605
(A) of this section. The proceeds from the sale of real property 32606
that is located within the incorporated area of a city shall be 32607
distributed by the court in the same manner as the proceeds are 32608
distributed under division (B) of this section.32609

       Sec. 2151.011.  (A) As used in the Revised Code:32610

       (1) "Juvenile court" means whichever of the following is 32611
applicable that has jurisdiction under this chapter and Chapter 32612
2152. of the Revised Code:32613

       (a) The division of the court of common pleas specified in 32614
section 2101.022 or 2301.03 of the Revised Code as having 32615
jurisdiction under this chapter and Chapter 2152. of the Revised 32616
Code or as being the juvenile division or the juvenile division 32617
combined with one or more other divisions;32618

       (b) The juvenile court of Cuyahoga county or Hamilton county 32619
that is separately and independently created by section 2151.08 or 32620
Chapter 2153. of the Revised Code and that has jurisdiction under 32621
this chapter and Chapter 2152. of the Revised Code;32622

       (c) If division (A)(1)(a) or (b) of this section does not 32623
apply, the probate division of the court of common pleas.32624

       (2) "Juvenile judge" means a judge of a court having 32625
jurisdiction under this chapter.32626

       (3) "Private child placing agency" means any association, as 32627
defined in section 5103.02 of the Revised Code, that is certified 32628
under section 5103.03 of the Revised Code to accept temporary, 32629
permanent, or legal custody of children and place the children for 32630
either foster care or adoption.32631

       (4) "Private noncustodial agency" means any person, 32632
organization, association, or society certified by the department 32633
of job and family services that does not accept temporary or 32634
permanent legal custody of children, that is privately operated in 32635
this state, and that does one or more of the following:32636

       (a) Receives and cares for children for two or more 32637
consecutive weeks;32638

       (b) Participates in the placement of children in certified 32639
foster homes;32640

       (c) Provides adoption services in conjunction with a public 32641
children services agency or private child placing agency.32642

       (B) As used in this chapter:32643

       (1) "Adequate parental care" means the provision by a child's 32644
parent or parents, guardian, or custodian of adequate food, 32645
clothing, and shelter to ensure the child's health and physical 32646
safety and the provision by a child's parent or parents of 32647
specialized services warranted by the child's physical or mental 32648
needs.32649

       (2) "Adult" means an individual who is eighteen years of age 32650
or older.32651

       (3) "Agreement for temporary custody" means a voluntary 32652
agreement authorized by section 5103.15 of the Revised Code that 32653
transfers the temporary custody of a child to a public children 32654
services agency or a private child placing agency.32655

       (4) "Alternative response" means the public children services 32656
agency's response to a report of child abuse or neglect that 32657
engages the family in a comprehensive evaluation of child safety, 32658
risk of subsequent harm, and family strengths and needs and that 32659
does not include a determination as to whether child abuse or 32660
neglect occurred.32661

       (5) "Certified foster home" means a foster home, as defined 32662
in section 5103.02 of the Revised Code, certified under section 32663
5103.03 of the Revised Code.32664

       (5)(6) "Child" means a person who is under eighteen years of 32665
age, except that the juvenile court has jurisdiction over any 32666
person who is adjudicated an unruly child prior to attaining 32667
eighteen years of age until the person attains twenty-one years of 32668
age, and, for purposes of that jurisdiction related to that 32669
adjudication, a person who is so adjudicated an unruly child shall 32670
be deemed a "child" until the person attains twenty-one years of 32671
age.32672

       (6)(7) "Child day camp," "child care," "child day-care 32673
center," "part-time child day-care center," "type A family 32674
day-care home," "certified type B family day-care home," "type B 32675
home," "administrator of a child day-care center," "administrator 32676
of a type A family day-care home," "in-home aide," and "authorized 32677
provider" have the same meanings as in section 5104.01 of the 32678
Revised Code.32679

       (7)(8) "Child care provider" means an individual who is a 32680
child-care staff member or administrator of a child day-care 32681
center, a type A family day-care home, or a type B family day-care 32682
home, or an in-home aide or an individual who is licensed, is 32683
regulated, is approved, operates under the direction of, or 32684
otherwise is certified by the department of job and family 32685
services, department of developmental disabilities, or the early 32686
childhood programs of the department of education.32687

       (8)(9) "Chronic truant" has the same meaning as in section 32688
2152.02 of the Revised Code.32689

       (9)(10) "Commit" means to vest custody as ordered by the 32690
court.32691

       (10)(11) "Counseling" includes both of the following:32692

       (a) General counseling services performed by a public 32693
children services agency or shelter for victims of domestic 32694
violence to assist a child, a child's parents, and a child's 32695
siblings in alleviating identified problems that may cause or have 32696
caused the child to be an abused, neglected, or dependent child.32697

       (b) Psychiatric or psychological therapeutic counseling 32698
services provided to correct or alleviate any mental or emotional 32699
illness or disorder and performed by a licensed psychiatrist, 32700
licensed psychologist, or a person licensed under Chapter 4757. of 32701
the Revised Code to engage in social work or professional 32702
counseling.32703

       (11)(12) "Custodian" means a person who has legal custody of 32704
a child or a public children services agency or private child 32705
placing agency that has permanent, temporary, or legal custody of 32706
a child.32707

       (12)(13) "Delinquent child" has the same meaning as in 32708
section 2152.02 of the Revised Code.32709

       (13)(14) "Detention" means the temporary care of children 32710
pending court adjudication or disposition, or execution of a court 32711
order, in a public or private facility designed to physically 32712
restrict the movement and activities of children.32713

       (14)(15) "Developmental disability" has the same meaning as 32714
in section 5123.01 of the Revised Code.32715

       (15)(16) "Differential response approach" means an approach 32716
that a public children services agency may use to respond to 32717
accepted reports of child abuse or neglect with either an 32718
alternative response or a traditional response.32719

       (17) "Foster caregiver" has the same meaning as in section 32720
5103.02 of the Revised Code.32721

       (16)(18) "Guardian" means a person, association, or 32722
corporation that is granted authority by a probate court pursuant 32723
to Chapter 2111. of the Revised Code to exercise parental rights 32724
over a child to the extent provided in the court's order and 32725
subject to the residual parental rights of the child's parents.32726

       (17)(19) "Habitual truant" means any child of compulsory 32727
school age who is absent without legitimate excuse for absence 32728
from the public school the child is supposed to attend for five or 32729
more consecutive school days, seven or more school days in one 32730
school month, or twelve or more school days in a school year.32731

       (18)(20) "Juvenile traffic offender" has the same meaning as 32732
in section 2152.02 of the Revised Code.32733

       (19)(21) "Legal custody" means a legal status that vests in 32734
the custodian the right to have physical care and control of the 32735
child and to determine where and with whom the child shall live, 32736
and the right and duty to protect, train, and discipline the child 32737
and to provide the child with food, shelter, education, and 32738
medical care, all subject to any residual parental rights, 32739
privileges, and responsibilities. An individual granted legal 32740
custody shall exercise the rights and responsibilities personally 32741
unless otherwise authorized by any section of the Revised Code or 32742
by the court.32743

       (20)(22) A "legitimate excuse for absence from the public 32744
school the child is supposed to attend" includes, but is not 32745
limited to, any of the following:32746

       (a) The fact that the child in question has enrolled in and 32747
is attending another public or nonpublic school in this or another 32748
state;32749

       (b) The fact that the child in question is excused from 32750
attendance at school for any of the reasons specified in section 32751
3321.04 of the Revised Code;32752

       (c) The fact that the child in question has received an age 32753
and schooling certificate in accordance with section 3331.01 of 32754
the Revised Code.32755

       (21)(23) "Mental illness" and "mentally ill person subject to 32756
hospitalization by court order" have the same meanings as in 32757
section 5122.01 of the Revised Code.32758

       (22)(24) "Mental injury" means any behavioral, cognitive, 32759
emotional, or mental disorder in a child caused by an act or 32760
omission that is described in section 2919.22 of the Revised Code 32761
and is committed by the parent or other person responsible for the 32762
child's care.32763

       (23)(25) "Mentally retarded person" has the same meaning as 32764
in section 5123.01 of the Revised Code.32765

       (24)(26) "Nonsecure care, supervision, or training" means 32766
care, supervision, or training of a child in a facility that does 32767
not confine or prevent movement of the child within the facility 32768
or from the facility.32769

       (25)(27) "Of compulsory school age" has the same meaning as 32770
in section 3321.01 of the Revised Code.32771

       (26)(28) "Organization" means any institution, public, 32772
semipublic, or private, and any private association, society, or 32773
agency located or operating in the state, incorporated or 32774
unincorporated, having among its functions the furnishing of 32775
protective services or care for children, or the placement of 32776
children in certified foster homes or elsewhere.32777

       (27)(29) "Out-of-home care" means detention facilities, 32778
shelter facilities, certified children's crisis care facilities, 32779
certified foster homes, placement in a prospective adoptive home 32780
prior to the issuance of a final decree of adoption, 32781
organizations, certified organizations, child day-care centers, 32782
type A family day-care homes, child care provided by type B family 32783
day-care home providers and by in-home aides, group home 32784
providers, group homes, institutions, state institutions, 32785
residential facilities, residential care facilities, residential 32786
camps, day camps, public schools, chartered nonpublic schools, 32787
educational service centers, hospitals, and medical clinics that 32788
are responsible for the care, physical custody, or control of 32789
children.32790

       (28)(30) "Out-of-home care child abuse" means any of the 32791
following when committed by a person responsible for the care of a 32792
child in out-of-home care:32793

       (a) Engaging in sexual activity with a child in the person's 32794
care;32795

       (b) Denial to a child, as a means of punishment, of proper or 32796
necessary subsistence, education, medical care, or other care 32797
necessary for a child's health;32798

       (c) Use of restraint procedures on a child that cause injury 32799
or pain;32800

       (d) Administration of prescription drugs or psychotropic 32801
medication to the child without the written approval and ongoing 32802
supervision of a licensed physician;32803

       (e) Commission of any act, other than by accidental means, 32804
that results in any injury to or death of the child in out-of-home 32805
care or commission of any act by accidental means that results in 32806
an injury to or death of a child in out-of-home care and that is 32807
at variance with the history given of the injury or death.32808

       (29)(31) "Out-of-home care child neglect" means any of the 32809
following when committed by a person responsible for the care of a 32810
child in out-of-home care:32811

       (a) Failure to provide reasonable supervision according to 32812
the standards of care appropriate to the age, mental and physical 32813
condition, or other special needs of the child;32814

       (b) Failure to provide reasonable supervision according to 32815
the standards of care appropriate to the age, mental and physical 32816
condition, or other special needs of the child, that results in 32817
sexual or physical abuse of the child by any person;32818

       (c) Failure to develop a process for all of the following:32819

       (i) Administration of prescription drugs or psychotropic 32820
drugs for the child;32821

       (ii) Assuring that the instructions of the licensed physician 32822
who prescribed a drug for the child are followed;32823

       (iii) Reporting to the licensed physician who prescribed the 32824
drug all unfavorable or dangerous side effects from the use of the 32825
drug.32826

       (d) Failure to provide proper or necessary subsistence, 32827
education, medical care, or other individualized care necessary 32828
for the health or well-being of the child;32829

       (e) Confinement of the child to a locked room without 32830
monitoring by staff;32831

       (f) Failure to provide ongoing security for all prescription 32832
and nonprescription medication;32833

       (g) Isolation of a child for a period of time when there is 32834
substantial risk that the isolation, if continued, will impair or 32835
retard the mental health or physical well-being of the child.32836

       (30)(32) "Permanent custody" means a legal status that vests 32837
in a public children services agency or a private child placing 32838
agency, all parental rights, duties, and obligations, including 32839
the right to consent to adoption, and divests the natural parents 32840
or adoptive parents of all parental rights, privileges, and 32841
obligations, including all residual rights and obligations.32842

       (31)(33) "Permanent surrender" means the act of the parents 32843
or, if a child has only one parent, of the parent of a child, by a 32844
voluntary agreement authorized by section 5103.15 of the Revised 32845
Code, to transfer the permanent custody of the child to a public 32846
children services agency or a private child placing agency.32847

       (32)(34) "Person" means an individual, association, 32848
corporation, or partnership and the state or any of its political 32849
subdivisions, departments, or agencies.32850

       (33)(35) "Person responsible for a child's care in 32851
out-of-home care" means any of the following:32852

       (a) Any foster caregiver, in-home aide, or provider;32853

       (b) Any administrator, employee, or agent of any of the 32854
following: a public or private detention facility; shelter 32855
facility; certified children's crisis care facility; organization; 32856
certified organization; child day-care center; type A family 32857
day-care home; certified type B family day-care home; group home; 32858
institution; state institution; residential facility; residential 32859
care facility; residential camp; day camp; school district; 32860
community school; chartered nonpublic school; educational service 32861
center; hospital; or medical clinic;32862

       (c) Any person who supervises or coaches children as part of 32863
an extracurricular activity sponsored by a school district, public 32864
school, or chartered nonpublic school;32865

       (d) Any other person who performs a similar function with 32866
respect to, or has a similar relationship to, children.32867

       (34)(36) "Physically impaired" means having one or more of 32868
the following conditions that substantially limit one or more of 32869
an individual's major life activities, including self-care, 32870
receptive and expressive language, learning, mobility, and 32871
self-direction:32872

       (a) A substantial impairment of vision, speech, or hearing;32873

       (b) A congenital orthopedic impairment;32874

       (c) An orthopedic impairment caused by disease, rheumatic 32875
fever or any other similar chronic or acute health problem, or 32876
amputation or another similar cause.32877

       (35)(37) "Placement for adoption" means the arrangement by a 32878
public children services agency or a private child placing agency 32879
with a person for the care and adoption by that person of a child 32880
of whom the agency has permanent custody.32881

       (36)(38) "Placement in foster care" means the arrangement by 32882
a public children services agency or a private child placing 32883
agency for the out-of-home care of a child of whom the agency has 32884
temporary custody or permanent custody.32885

       (37)(39) "Planned permanent living arrangement" means an 32886
order of a juvenile court pursuant to which both of the following 32887
apply:32888

       (a) The court gives legal custody of a child to a public 32889
children services agency or a private child placing agency without 32890
the termination of parental rights.32891

       (b) The order permits the agency to make an appropriate 32892
placement of the child and to enter into a written agreement with 32893
a foster care provider or with another person or agency with whom 32894
the child is placed.32895

       (38)(40) "Practice of social work" and "practice of 32896
professional counseling" have the same meanings as in section 32897
4757.01 of the Revised Code.32898

       (39)(41) "Sanction, service, or condition" means a sanction, 32899
service, or condition created by court order following an 32900
adjudication that a child is an unruly child that is described in 32901
division (A)(4) of section 2152.19 of the Revised Code.32902

       (40)(42) "Protective supervision" means an order of 32903
disposition pursuant to which the court permits an abused, 32904
neglected, dependent, or unruly child to remain in the custody of 32905
the child's parents, guardian, or custodian and stay in the 32906
child's home, subject to any conditions and limitations upon the 32907
child, the child's parents, guardian, or custodian, or any other 32908
person that the court prescribes, including supervision as 32909
directed by the court for the protection of the child.32910

       (41)(43) "Psychiatrist" has the same meaning as in section 32911
5122.01 of the Revised Code.32912

       (42)(44) "Psychologist" has the same meaning as in section 32913
4732.01 of the Revised Code.32914

       (43)(45) "Residential camp" means a program in which the 32915
care, physical custody, or control of children is accepted 32916
overnight for recreational or recreational and educational 32917
purposes.32918

       (44)(46) "Residential care facility" means an institution, 32919
residence, or facility that is licensed by the department of 32920
mental health under section 5119.22 of the Revised Code and that 32921
provides care for a child.32922

       (45)(47) "Residential facility" means a home or facility that 32923
is licensed by the department of developmental disabilities under 32924
section 5123.19 of the Revised Code and in which a child with a 32925
developmental disability resides.32926

       (46)(48) "Residual parental rights, privileges, and 32927
responsibilities" means those rights, privileges, and 32928
responsibilities remaining with the natural parent after the 32929
transfer of legal custody of the child, including, but not 32930
necessarily limited to, the privilege of reasonable visitation, 32931
consent to adoption, the privilege to determine the child's 32932
religious affiliation, and the responsibility for support.32933

       (47)(49) "School day" means the school day established by the 32934
state board of education pursuant to section 3313.48 of the 32935
Revised Code.32936

       (48)(50) "School month" and "school year" have the same 32937
meanings as in section 3313.62 of the Revised Code.32938

       (49)(51) "Secure correctional facility" means a facility 32939
under the direction of the department of youth services that is 32940
designed to physically restrict the movement and activities of 32941
children and used for the placement of children after adjudication 32942
and disposition.32943

       (50)(52) "Sexual activity" has the same meaning as in section 32944
2907.01 of the Revised Code.32945

       (51)(53) "Shelter" means the temporary care of children in 32946
physically unrestricted facilities pending court adjudication or 32947
disposition.32948

       (52)(54) "Shelter for victims of domestic violence" has the 32949
same meaning as in section 3113.33 of the Revised Code.32950

       (53)(55) "Temporary custody" means legal custody of a child 32951
who is removed from the child's home, which custody may be 32952
terminated at any time at the discretion of the court or, if the 32953
legal custody is granted in an agreement for temporary custody, by 32954
the person who executed the agreement.32955

       (56) "Traditional response" means a public children services 32956
agency's response to a report of child abuse or neglect that 32957
encourages engagement of the family in a comprehensive evaluation 32958
of the child's current and future safety needs and a fact-finding 32959
process to determine whether child abuse or neglect occurred and 32960
the circumstances surrounding the alleged harm or risk of harm.32961

       (C) For the purposes of this chapter, a child shall be 32962
presumed abandoned when the parents of the child have failed to 32963
visit or maintain contact with the child for more than ninety 32964
days, regardless of whether the parents resume contact with the 32965
child after that period of ninety days.32966

       Sec. 2151.312.  (A) A child alleged to be or adjudicated an 32967
unruly child may be held only in the following places:32968

       (1) A certified family foster home or a home approved by the 32969
court;32970

       (2) A facility operated by a certified child welfare agency;32971

       (3) Any other suitable place designated by the court.32972

       (B)(1) Except as provided under division (C)(1) of section 32973
2151.311 of the Revised Code, a child alleged to be or adjudicated 32974
a neglected child, an abused child, a dependent child, or an 32975
unruly child may not be held in any of the following facilities:32976

       (a) A state correctional institution, county, multicounty, or 32977
municipal jail or workhouse, or other place in which an adult 32978
convicted of a crime, under arrest, or charged with a crime is 32979
held;32980

       (b) A secure correctional facility.32981

       (2) Except as provided under sections 2151.262151.27 to 32982
2151.612151.59 of the Revised Code and division (B)(3) of this 32983
section and except when a case is transferred under section 32984
2152.12 of the Revised Code, a child alleged to be or adjudicated 32985
an unruly child may not be held for more than twenty-four hours in 32986
a detention facility. A child alleged to be or adjudicated a 32987
neglected child, an abused child, or a dependent child shall not 32988
be held in a detention facility.32989

       (3) A child who is alleged to be or adjudicated an unruly 32990
child and who is taken into custody on a Saturday, Sunday, or 32991
legal holiday, as listed in section 1.14 of the Revised Code, may 32992
be held in a detention facility until the next succeeding day that 32993
is not a Saturday, Sunday, or legal holiday.32994

       Sec. 2151.354.  (A) If the child is adjudicated an unruly 32995
child, the court may:32996

       (1) Make any of the dispositions authorized under section 32997
2151.353 of the Revised Code;32998

       (2) Place the child on community control under any sanctions, 32999
services, and conditions that the court prescribes, as described 33000
in division (A)(4) of section 2152.19 of the Revised Code, 33001
provided that, if the court imposes a period of community service 33002
upon the child, the period of community service shall not exceed 33003
one hundred seventy-five hours;33004

       (3) Suspend the driver's license, probationary driver's 33005
license, or temporary instruction permit issued to the child for a 33006
period of time prescribed by the court and suspend the 33007
registration of all motor vehicles registered in the name of the 33008
child for a period of time prescribed by the court. A child whose 33009
license or permit is so suspended is ineligible for issuance of a 33010
license or permit during the period of suspension. At the end of 33011
the period of suspension, the child shall not be reissued a 33012
license or permit until the child has paid any applicable 33013
reinstatement fee and complied with all requirements governing 33014
license reinstatement.33015

       (4) Commit the child to the temporary or permanent custody of 33016
the court;33017

       (5) Make any further disposition the court finds proper that 33018
is consistent with sections 2151.312 and 2151.56 to 2151.6133019
2151.59 of the Revised Code;33020

       (6) If, after making a disposition under division (A)(1), 33021
(2), or (3) of this section, the court finds upon further hearing 33022
that the child is not amenable to treatment or rehabilitation 33023
under that disposition, make a disposition otherwise authorized 33024
under divisions (A)(1), (4), (5), and (8) of section 2152.19 of 33025
the Revised Code that is consistent with sections 2151.312 and 33026
2151.56 to 2151.612151.59 of the Revised Code.33027

       (B) If a child is adjudicated an unruly child for committing 33028
any act that, if committed by an adult, would be a drug abuse 33029
offense, as defined in section 2925.01 of the Revised Code, or a 33030
violation of division (B) of section 2917.11 of the Revised Code, 33031
in addition to imposing, in its discretion, any other order of 33032
disposition authorized by this section, the court shall do both of 33033
the following:33034

       (1) Require the child to participate in a drug abuse or 33035
alcohol abuse counseling program;33036

       (2) Suspend the temporary instruction permit, probationary 33037
driver's license, or driver's license issued to the child for a 33038
period of time prescribed by the court. The court, in its 33039
discretion, may terminate the suspension if the child attends and 33040
satisfactorily completes a drug abuse or alcohol abuse education, 33041
intervention, or treatment program specified by the court. During 33042
the time the child is attending a program as described in this 33043
division, the court shall retain the child's temporary instruction 33044
permit, probationary driver's license, or driver's license, and 33045
the court shall return the permit or license if it terminates the 33046
suspension.33047

       (C)(1) If a child is adjudicated an unruly child for being an 33048
habitual truant, in addition to or in lieu of imposing any other 33049
order of disposition authorized by this section, the court may do 33050
any of the following:33051

       (a) Order the board of education of the child's school 33052
district or the governing board of the educational service center 33053
in the child's school district to require the child to attend an 33054
alternative school if an alternative school has been established 33055
pursuant to section 3313.533 of the Revised Code in the school 33056
district in which the child is entitled to attend school;33057

       (b) Require the child to participate in any academic program 33058
or community service program;33059

       (c) Require the child to participate in a drug abuse or 33060
alcohol abuse counseling program;33061

       (d) Require that the child receive appropriate medical or 33062
psychological treatment or counseling;33063

       (e) Make any other order that the court finds proper to 33064
address the child's habitual truancy, including an order requiring 33065
the child to not be absent without legitimate excuse from the 33066
public school the child is supposed to attend for five or more 33067
consecutive days, seven or more school days in one school month, 33068
or twelve or more school days in a school year and including an 33069
order requiring the child to participate in a truancy prevention 33070
mediation program.33071

       (2) If a child is adjudicated an unruly child for being an 33072
habitual truant and the court determines that the parent, 33073
guardian, or other person having care of the child has failed to 33074
cause the child's attendance at school in violation of section 33075
3321.38 of the Revised Code, in addition to any order of 33076
disposition authorized by this section, all of the following 33077
apply:33078

       (a) The court may require the parent, guardian, or other 33079
person having care of the child to participate in any community 33080
service program, preferably a community service program that 33081
requires the involvement of the parent, guardian, or other person 33082
having care of the child in the school attended by the child.33083

       (b) The court may require the parent, guardian, or other 33084
person having care of the child to participate in a truancy 33085
prevention mediation program.33086

       (c) The court shall warn the parent, guardian, or other 33087
person having care of the child that any subsequent adjudication 33088
of the child as an unruly or delinquent child for being an 33089
habitual or chronic truant may result in a criminal charge against 33090
the parent, guardian, or other person having care of the child for 33091
a violation of division (C) of section 2919.21 or section 2919.24 33092
of the Revised Code.33093

       Sec. 2151.412.  (A) Each public children services agency and 33094
private child placing agency shall prepare and maintain a case 33095
plan for any child to whom the agency is providing services and to 33096
whom any of the following applies:33097

       (1) The agency filed a complaint pursuant to section 2151.27 33098
of the Revised Code alleging that the child is an abused, 33099
neglected, or dependent child;33100

       (2) The agency has temporary or permanent custody of the 33101
child;33102

       (3) The child is living at home subject to an order for 33103
protective supervision;33104

       (4) The child is in a planned permanent living arrangement.33105

       Except as provided by division (A)(2) of section 5103.153 of 33106
the Revised Code, a private child placing agency providing 33107
services to a child who is the subject of a voluntary permanent 33108
custody surrender agreement entered into under division (B)(2) of 33109
section 5103.15 of the Revised Code is not required to prepare and 33110
maintain a case plan for that child.33111

       (B) Each public children services agency shall prepare and 33112
maintain a case plan or a family service plan for any child for 33113
whom the agency is providing in-home services pursuant to an 33114
alternative response.33115

       (C)(1) The director of job and family services shall adopt 33116
rules pursuant to Chapter 119. of the Revised Code setting forth 33117
the content and format of case plans required by division (A) of 33118
this section and establishing procedures for developing, 33119
implementing, and changing the case plans. The rules shall at a 33120
minimum comply with the requirements of Title IV-E of the "Social 33121
Security Act," 94 Stat. 501, 42 U.S.C. 671 (1980), as amended.33122

       (2) The director of job and family services shall adopt rules 33123
pursuant to Chapter 119. of the Revised Code requiring public 33124
children services agencies and private child placing agencies to 33125
maintain case plans for children and their families who are 33126
receiving services in their homes from the agencies and for whom 33127
case plans are not required by division (A) of this section. The 33128
rules for public children services agencies shall include the 33129
requirements for case plans or family service plans maintained for 33130
children and their families who are receiving services in their 33131
homes from public children services agencies pursuant to an 33132
alternative response. The agencies shall maintain case plans and 33133
family service plans as required by those rules; however, the case 33134
plans and family service plans shall not be subject to any other 33135
provision of this section except as specifically required by the 33136
rules.33137

       (C)(D) Each public children services agency and private child 33138
placing agency that is required by division (A) of this section to 33139
maintain a case plan shall file the case plan with the court prior 33140
to the child's adjudicatory hearing but no later than thirty days 33141
after the earlier of the date on which the complaint in the case 33142
was filed or the child was first placed into shelter care. If the 33143
agency does not have sufficient information prior to the 33144
adjudicatory hearing to complete any part of the case plan, the 33145
agency shall specify in the case plan the additional information 33146
necessary to complete each part of the case plan and the steps 33147
that will be taken to obtain that information. All parts of the 33148
case plan shall be completed by the earlier of thirty days after 33149
the adjudicatory hearing or the date of the dispositional hearing 33150
for the child.33151

       (D)(E) Any agency that is required by division (A) of this 33152
section to prepare a case plan shall attempt to obtain an 33153
agreement among all parties, including, but not limited to, the 33154
parents, guardian, or custodian of the child and the guardian ad 33155
litem of the child regarding the content of the case plan. If all 33156
parties agree to the content of the case plan and the court 33157
approves it, the court shall journalize it as part of its 33158
dispositional order. If the agency cannot obtain an agreement upon 33159
the contents of the case plan or the court does not approve it, 33160
the parties shall present evidence on the contents of the case 33161
plan at the dispositional hearing. The court, based upon the 33162
evidence presented at the dispositional hearing and the best 33163
interest of the child, shall determine the contents of the case 33164
plan and journalize it as part of the dispositional order for the 33165
child.33166

       (E)(F)(1) All parties, including the parents, guardian, or 33167
custodian of the child, are bound by the terms of the journalized 33168
case plan. A party that fails to comply with the terms of the 33169
journalized case plan may be held in contempt of court.33170

       (2) Any party may propose a change to a substantive part of 33171
the case plan, including, but not limited to, the child's 33172
placement and the visitation rights of any party. A party 33173
proposing a change to the case plan shall file the proposed change 33174
with the court and give notice of the proposed change in writing 33175
before the end of the day after the day of filing it to all 33176
parties and the child's guardian ad litem. All parties and the 33177
guardian ad litem shall have seven days from the date the notice 33178
is sent to object to and request a hearing on the proposed change.33179

       (a) If it receives a timely request for a hearing, the court 33180
shall schedule a hearing pursuant to section 2151.417 of the 33181
Revised Code to be held no later than thirty days after the 33182
request is received by the court. The court shall give notice of 33183
the date, time, and location of the hearing to all parties and the 33184
guardian ad litem. The agency may implement the proposed change 33185
after the hearing, if the court approves it. The agency shall not 33186
implement the proposed change unless it is approved by the court.33187

       (b) If it does not receive a timely request for a hearing, 33188
the court may approve the proposed change without a hearing. If 33189
the court approves the proposed change without a hearing, it shall 33190
journalize the case plan with the change not later than fourteen 33191
days after the change is filed with the court. If the court does 33192
not approve the proposed change to the case plan, it shall 33193
schedule a hearing to be held pursuant to section 2151.417 of the 33194
Revised Code no later than thirty days after the expiration of the 33195
fourteen-day time period and give notice of the date, time, and 33196
location of the hearing to all parties and the guardian ad litem 33197
of the child. If, despite the requirements of division (E)(F)(2) 33198
of this section, the court neither approves and journalizes the 33199
proposed change nor conducts a hearing, the agency may implement 33200
the proposed change not earlier than fifteen days after it is 33201
submitted to the court.33202

       (3) If an agency has reasonable cause to believe that a child 33203
is suffering from illness or injury and is not receiving proper 33204
care and that an appropriate change in the child's case plan is 33205
necessary to prevent immediate or threatened physical or emotional 33206
harm, to believe that a child is in immediate danger from the 33207
child's surroundings and that an immediate change in the child's 33208
case plan is necessary to prevent immediate or threatened physical 33209
or emotional harm to the child, or to believe that a parent, 33210
guardian, custodian, or other member of the child's household has 33211
abused or neglected the child and that the child is in danger of 33212
immediate or threatened physical or emotional harm from that 33213
person unless the agency makes an appropriate change in the 33214
child's case plan, it may implement the change without prior 33215
agreement or a court hearing and, before the end of the next day 33216
after the change is made, give all parties, the guardian ad litem 33217
of the child, and the court notice of the change. Before the end 33218
of the third day after implementing the change in the case plan, 33219
the agency shall file a statement of the change with the court and 33220
give notice of the filing accompanied by a copy of the statement 33221
to all parties and the guardian ad litem. All parties and the 33222
guardian ad litem shall have ten days from the date the notice is 33223
sent to object to and request a hearing on the change.33224

       (a) If it receives a timely request for a hearing, the court 33225
shall schedule a hearing pursuant to section 2151.417 of the 33226
Revised Code to be held no later than thirty days after the 33227
request is received by the court. The court shall give notice of 33228
the date, time, and location of the hearing to all parties and the 33229
guardian ad litem. The agency shall continue to administer the 33230
case plan with the change after the hearing, if the court approves 33231
the change. If the court does not approve the change, the court 33232
shall make appropriate changes to the case plan and shall 33233
journalize the case plan.33234

       (b) If it does not receive a timely request for a hearing, 33235
the court may approve the change without a hearing. If the court 33236
approves the change without a hearing, it shall journalize the 33237
case plan with the change within fourteen days after receipt of 33238
the change. If the court does not approve the change to the case 33239
plan, it shall schedule a hearing under section 2151.417 of the 33240
Revised Code to be held no later than thirty days after the 33241
expiration of the fourteen-day time period and give notice of the 33242
date, time, and location of the hearing to all parties and the 33243
guardian ad litem of the child.33244

       (F)(G)(1) All case plans for children in temporary custody 33245
shall have the following general goals:33246

       (a) Consistent with the best interest and special needs of 33247
the child, to achieve a safe out-of-home placement in the least 33248
restrictive, most family-like setting available and in close 33249
proximity to the home from which the child was removed or the home 33250
in which the child will be permanently placed;33251

       (b) To eliminate with all due speed the need for the 33252
out-of-home placement so that the child can safely return home.33253

       (2) The director of job and family services shall adopt rules 33254
pursuant to Chapter 119. of the Revised Code setting forth the 33255
general goals of case plans for children subject to dispositional 33256
orders for protective supervision, a planned permanent living 33257
arrangement, or permanent custody.33258

       (G)(H) In the agency's development of a case plan and the 33259
court's review of the case plan, the child's health and safety 33260
shall be the paramount concern. The agency and the court shall be 33261
guided by the following general priorities:33262

       (1) A child who is residing with or can be placed with the 33263
child's parents within a reasonable time should remain in their 33264
legal custody even if an order of protective supervision is 33265
required for a reasonable period of time;33266

       (2) If both parents of the child have abandoned the child, 33267
have relinquished custody of the child, have become incapable of 33268
supporting or caring for the child even with reasonable 33269
assistance, or have a detrimental effect on the health, safety, 33270
and best interest of the child, the child should be placed in the 33271
legal custody of a suitable member of the child's extended family;33272

       (3) If a child described in division (G)(H)(2) of this 33273
section has no suitable member of the child's extended family to 33274
accept legal custody, the child should be placed in the legal 33275
custody of a suitable nonrelative who shall be made a party to the 33276
proceedings after being given legal custody of the child;33277

       (4) If the child has no suitable member of the child's 33278
extended family to accept legal custody of the child and no 33279
suitable nonrelative is available to accept legal custody of the 33280
child and, if the child temporarily cannot or should not be placed 33281
with the child's parents, guardian, or custodian, the child should 33282
be placed in the temporary custody of a public children services 33283
agency or a private child placing agency;33284

       (5) If the child cannot be placed with either of the child's 33285
parents within a reasonable period of time or should not be placed 33286
with either, if no suitable member of the child's extended family 33287
or suitable nonrelative is available to accept legal custody of 33288
the child, and if the agency has a reasonable expectation of 33289
placing the child for adoption, the child should be committed to 33290
the permanent custody of the public children services agency or 33291
private child placing agency;33292

       (6) If the child is to be placed for adoption or foster care, 33293
the placement shall not be delayed or denied on the basis of the 33294
child's or adoptive or foster family's race, color, or national 33295
origin.33296

       (H)(I) The case plan for a child in temporary custody shall 33297
include at a minimum the following requirements if the child is or 33298
has been the victim of abuse or neglect or if the child witnessed 33299
the commission in the child's household of abuse or neglect 33300
against a sibling of the child, a parent of the child, or any 33301
other person in the child's household:33302

       (1) A requirement that the child's parents, guardian, or 33303
custodian participate in mandatory counseling;33304

       (2) A requirement that the child's parents, guardian, or 33305
custodian participate in any supportive services that are required 33306
by or provided pursuant to the child's case plan.33307

       (I)(J) A case plan may include, as a supplement, a plan for 33308
locating a permanent family placement. The supplement shall not be 33309
considered part of the case plan for purposes of division (D)(E)33310
of this section.33311

       Sec. 2151.421.  (A)(1)(a) No person described in division 33312
(A)(1)(b) of this section who is acting in an official or 33313
professional capacity and knows, or has reasonable cause to 33314
suspect based on facts that would cause a reasonable person in a 33315
similar position to suspect, that a child under eighteen years of 33316
age or a mentally retarded, developmentally disabled, or 33317
physically impaired child under twenty-one years of age has 33318
suffered or faces a threat of suffering any physical or mental 33319
wound, injury, disability, or condition of a nature that 33320
reasonably indicates abuse or neglect of the child shall fail to 33321
immediately report that knowledge or reasonable cause to suspect 33322
to the entity or persons specified in this division. Except as 33323
provided in section 5120.173 of the Revised Code, the person 33324
making the report shall make it to the public children services 33325
agency or a municipal or county peace officer in the county in 33326
which the child resides or in which the abuse or neglect is 33327
occurring or has occurred. In the circumstances described in 33328
section 5120.173 of the Revised Code, the person making the report 33329
shall make it to the entity specified in that section.33330

       (b) Division (A)(1)(a) of this section applies to any person 33331
who is an attorney; physician, including a hospital intern or 33332
resident; dentist; podiatrist; practitioner of a limited branch of 33333
medicine as specified in section 4731.15 of the Revised Code; 33334
registered nurse; licensed practical nurse; visiting nurse; other 33335
health care professional; licensed psychologist; licensed school 33336
psychologist; independent marriage and family therapist or 33337
marriage and family therapist; speech pathologist or audiologist; 33338
coroner; administrator or employee of a child day-care center; 33339
administrator or employee of a residential camp or child day camp; 33340
administrator or employee of a certified child care agency or 33341
other public or private children services agency; school teacher; 33342
school employee; school authority; person engaged in social work 33343
or the practice of professional counseling; agent of a county 33344
humane society; person, other than a cleric, rendering spiritual 33345
treatment through prayer in accordance with the tenets of a 33346
well-recognized religion; employee of a county department of job 33347
and family services who is a professional and who works with 33348
children and families; superintendent, board member, or employee 33349
of a county board of developmental disabilities; investigative 33350
agent contracted with by a county board of developmental 33351
disabilities; employee of the department of developmental 33352
disabilities; employee of a facility or home that provides respite 33353
care in accordance with section 5123.171 of the Revised Code; 33354
employee of a home health agency; employee of an entity that 33355
provides homemaker services; a person performing the duties of an 33356
assessor pursuant to Chapter 3107. or 5103. of the Revised Code; 33357
or third party employed by a public children services agency to 33358
assist in providing child or family related services.33359

       (2) Except as provided in division (A)(3) of this section, an 33360
attorney or a physician is not required to make a report pursuant 33361
to division (A)(1) of this section concerning any communication 33362
the attorney or physician receives from a client or patient in an 33363
attorney-client or physician-patient relationship, if, in 33364
accordance with division (A) or (B) of section 2317.02 of the 33365
Revised Code, the attorney or physician could not testify with 33366
respect to that communication in a civil or criminal proceeding.33367

       (3) The client or patient in an attorney-client or 33368
physician-patient relationship described in division (A)(2) of 33369
this section is deemed to have waived any testimonial privilege 33370
under division (A) or (B) of section 2317.02 of the Revised Code 33371
with respect to any communication the attorney or physician 33372
receives from the client or patient in that attorney-client or 33373
physician-patient relationship, and the attorney or physician 33374
shall make a report pursuant to division (A)(1) of this section 33375
with respect to that communication, if all of the following apply:33376

       (a) The client or patient, at the time of the communication, 33377
is either a child under eighteen years of age or a mentally 33378
retarded, developmentally disabled, or physically impaired person 33379
under twenty-one years of age.33380

       (b) The attorney or physician knows, or has reasonable cause 33381
to suspect based on facts that would cause a reasonable person in 33382
similar position to suspect, as a result of the communication or 33383
any observations made during that communication, that the client 33384
or patient has suffered or faces a threat of suffering any 33385
physical or mental wound, injury, disability, or condition of a 33386
nature that reasonably indicates abuse or neglect of the client or 33387
patient.33388

       (c) The abuse or neglect does not arise out of the client's 33389
or patient's attempt to have an abortion without the notification 33390
of her parents, guardian, or custodian in accordance with section 33391
2151.85 of the Revised Code.33392

       (4)(a) No cleric and no person, other than a volunteer, 33393
designated by any church, religious society, or faith acting as a 33394
leader, official, or delegate on behalf of the church, religious 33395
society, or faith who is acting in an official or professional 33396
capacity, who knows, or has reasonable cause to believe based on 33397
facts that would cause a reasonable person in a similar position 33398
to believe, that a child under eighteen years of age or a mentally 33399
retarded, developmentally disabled, or physically impaired child 33400
under twenty-one years of age has suffered or faces a threat of 33401
suffering any physical or mental wound, injury, disability, or 33402
condition of a nature that reasonably indicates abuse or neglect 33403
of the child, and who knows, or has reasonable cause to believe 33404
based on facts that would cause a reasonable person in a similar 33405
position to believe, that another cleric or another person, other 33406
than a volunteer, designated by a church, religious society, or 33407
faith acting as a leader, official, or delegate on behalf of the 33408
church, religious society, or faith caused, or poses the threat of 33409
causing, the wound, injury, disability, or condition that 33410
reasonably indicates abuse or neglect shall fail to immediately 33411
report that knowledge or reasonable cause to believe to the entity 33412
or persons specified in this division. Except as provided in 33413
section 5120.173 of the Revised Code, the person making the report 33414
shall make it to the public children services agency or a 33415
municipal or county peace officer in the county in which the child 33416
resides or in which the abuse or neglect is occurring or has 33417
occurred. In the circumstances described in section 5120.173 of 33418
the Revised Code, the person making the report shall make it to 33419
the entity specified in that section.33420

        (b) Except as provided in division (A)(4)(c) of this section, 33421
a cleric is not required to make a report pursuant to division 33422
(A)(4)(a) of this section concerning any communication the cleric 33423
receives from a penitent in a cleric-penitent relationship, if, in 33424
accordance with division (C) of section 2317.02 of the Revised 33425
Code, the cleric could not testify with respect to that 33426
communication in a civil or criminal proceeding.33427

        (c) The penitent in a cleric-penitent relationship described 33428
in division (A)(4)(b) of this section is deemed to have waived any 33429
testimonial privilege under division (C) of section 2317.02 of the 33430
Revised Code with respect to any communication the cleric receives 33431
from the penitent in that cleric-penitent relationship, and the 33432
cleric shall make a report pursuant to division (A)(4)(a) of this 33433
section with respect to that communication, if all of the 33434
following apply:33435

        (i) The penitent, at the time of the communication, is either 33436
a child under eighteen years of age or a mentally retarded, 33437
developmentally disabled, or physically impaired person under 33438
twenty-one years of age.33439

        (ii) The cleric knows, or has reasonable cause to believe 33440
based on facts that would cause a reasonable person in a similar 33441
position to believe, as a result of the communication or any 33442
observations made during that communication, the penitent has 33443
suffered or faces a threat of suffering any physical or mental 33444
wound, injury, disability, or condition of a nature that 33445
reasonably indicates abuse or neglect of the penitent.33446

        (iii) The abuse or neglect does not arise out of the 33447
penitent's attempt to have an abortion performed upon a child 33448
under eighteen years of age or upon a mentally retarded, 33449
developmentally disabled, or physically impaired person under 33450
twenty-one years of age without the notification of her parents, 33451
guardian, or custodian in accordance with section 2151.85 of the 33452
Revised Code.33453

       (d) Divisions (A)(4)(a) and (c) of this section do not apply 33454
in a cleric-penitent relationship when the disclosure of any 33455
communication the cleric receives from the penitent is in 33456
violation of the sacred trust.33457

        (e) As used in divisions (A)(1) and (4) of this section, 33458
"cleric" and "sacred trust" have the same meanings as in section 33459
2317.02 of the Revised Code.33460

       (B) Anyone who knows, or has reasonable cause to suspect 33461
based on facts that would cause a reasonable person in similar 33462
circumstances to suspect, that a child under eighteen years of age 33463
or a mentally retarded, developmentally disabled, or physically 33464
impaired person under twenty-one years of age has suffered or 33465
faces a threat of suffering any physical or mental wound, injury, 33466
disability, or other condition of a nature that reasonably 33467
indicates abuse or neglect of the child may report or cause 33468
reports to be made of that knowledge or reasonable cause to 33469
suspect to the entity or persons specified in this division. 33470
Except as provided in section 5120.173 of the Revised Code, a 33471
person making a report or causing a report to be made under this 33472
division shall make it or cause it to be made to the public 33473
children services agency or to a municipal or county peace 33474
officer. In the circumstances described in section 5120.173 of the 33475
Revised Code, a person making a report or causing a report to be 33476
made under this division shall make it or cause it to be made to 33477
the entity specified in that section.33478

       (C) Any report made pursuant to division (A) or (B) of this 33479
section shall be made forthwith either by telephone or in person 33480
and shall be followed by a written report, if requested by the 33481
receiving agency or officer. The written report shall contain:33482

       (1) The names and addresses of the child and the child's 33483
parents or the person or persons having custody of the child, if 33484
known;33485

       (2) The child's age and the nature and extent of the child's 33486
injuries, abuse, or neglect that is known or reasonably suspected 33487
or believed, as applicable, to have occurred or of the threat of 33488
injury, abuse, or neglect that is known or reasonably suspected or 33489
believed, as applicable, to exist, including any evidence of 33490
previous injuries, abuse, or neglect;33491

       (3) Any other information that might be helpful in 33492
establishing the cause of the injury, abuse, or neglect that is 33493
known or reasonably suspected or believed, as applicable, to have 33494
occurred or of the threat of injury, abuse, or neglect that is 33495
known or reasonably suspected or believed, as applicable, to 33496
exist.33497

       Any person, who is required by division (A) of this section 33498
to report child abuse or child neglect that is known or reasonably 33499
suspected or believed to have occurred, may take or cause to be 33500
taken color photographs of areas of trauma visible on a child and, 33501
if medically indicated, cause to be performed radiological 33502
examinations of the child.33503

       (D) As used in this division, "children's advocacy center" 33504
and "sexual abuse of a child" have the same meanings as in section 33505
2151.425 of the Revised Code.33506

       (1) When a municipal or county peace officer receives a 33507
report concerning the possible abuse or neglect of a child or the 33508
possible threat of abuse or neglect of a child, upon receipt of 33509
the report, the municipal or county peace officer who receives the 33510
report shall refer the report to the appropriate public children 33511
services agency.33512

       (2) When a public children services agency receives a report 33513
pursuant to this division or division (A) or (B) of this section, 33514
upon receipt of the report, the public children services agency 33515
shall do both of the following:33516

       (a) Comply with section 2151.422 of the Revised Code;33517

       (b) If the county served by the agency is also served by a 33518
children's advocacy center and the report alleges sexual abuse of 33519
a child or another type of abuse of a child that is specified in 33520
the memorandum of understanding that creates the center as being 33521
within the center's jurisdiction, comply regarding the report with 33522
the protocol and procedures for referrals and investigations, with 33523
the coordinating activities, and with the authority or 33524
responsibility for performing or providing functions, activities, 33525
and services stipulated in the interagency agreement entered into 33526
under section 2151.428 of the Revised Code relative to that 33527
center.33528

       (E) No township, municipal, or county peace officer shall 33529
remove a child about whom a report is made pursuant to this 33530
section from the child's parents, stepparents, or guardian or any 33531
other persons having custody of the child without consultation 33532
with the public children services agency, unless, in the judgment 33533
of the officer, and, if the report was made by physician, the 33534
physician, immediate removal is considered essential to protect 33535
the child from further abuse or neglect. The agency that must be 33536
consulted shall be the agency conducting the investigation of the 33537
report as determined pursuant to section 2151.422 of the Revised 33538
Code.33539

       (F)(1) Except as provided in section 2151.422 of the Revised 33540
Code or in an interagency agreement entered into under section 33541
2151.428 of the Revised Code that applies to the particular 33542
report, the public children services agency shall investigate, 33543
within twenty-four hours, each report of child abuse or child 33544
neglect that is known or reasonably suspected or believed to have 33545
occurred and of a threat of child abuse or child neglect that is 33546
known or reasonably suspected or believed to exist that is 33547
referred to it under this section to determine the circumstances 33548
surrounding the injuries, abuse, or neglect or the threat of 33549
injury, abuse, or neglect, the cause of the injuries, abuse, 33550
neglect, or threat, and the person or persons responsible. The 33551
investigation shall be made in cooperation with the law 33552
enforcement agency and in accordance with the memorandum of 33553
understanding prepared under division (J) of this section. A 33554
representative of the public children services agency shall, at 33555
the time of initial contact with the person subject to the 33556
investigation, inform the person of the specific complaints or 33557
allegations made against the person. The information shall be 33558
given in a manner that is consistent with division (H)(1) of this 33559
section and protects the rights of the person making the report 33560
under this section.33561

        A failure to make the investigation in accordance with the 33562
memorandum is not grounds for, and shall not result in, the 33563
dismissal of any charges or complaint arising from the report or 33564
the suppression of any evidence obtained as a result of the report 33565
and does not give, and shall not be construed as giving, any 33566
rights or any grounds for appeal or post-conviction relief to any 33567
person. The public children services agency shall report each case 33568
to the uniform statewide automated child welfare information 33569
system that the department of job and family services shall 33570
maintain in accordance with section 5101.13 of the Revised Code. 33571
The public children services agency shall submit a report of its 33572
investigation, in writing, to the law enforcement agency.33573

       (2) The public children services agency shall make any 33574
recommendations to the county prosecuting attorney or city 33575
director of law that it considers necessary to protect any 33576
children that are brought to its attention.33577

       (G)(1)(a) Except as provided in division (H)(3) of this 33578
section, anyone or any hospital, institution, school, health 33579
department, or agency participating in the making of reports under 33580
division (A) of this section, anyone or any hospital, institution, 33581
school, health department, or agency participating in good faith 33582
in the making of reports under division (B) of this section, and 33583
anyone participating in good faith in a judicial proceeding 33584
resulting from the reports, shall be immune from any civil or 33585
criminal liability for injury, death, or loss to person or 33586
property that otherwise might be incurred or imposed as a result 33587
of the making of the reports or the participation in the judicial 33588
proceeding.33589

       (b) Notwithstanding section 4731.22 of the Revised Code, the 33590
physician-patient privilege shall not be a ground for excluding 33591
evidence regarding a child's injuries, abuse, or neglect, or the 33592
cause of the injuries, abuse, or neglect in any judicial 33593
proceeding resulting from a report submitted pursuant to this 33594
section.33595

       (2) In any civil or criminal action or proceeding in which it 33596
is alleged and proved that participation in the making of a report 33597
under this section was not in good faith or participation in a 33598
judicial proceeding resulting from a report made under this 33599
section was not in good faith, the court shall award the 33600
prevailing party reasonable attorney's fees and costs and, if a 33601
civil action or proceeding is voluntarily dismissed, may award 33602
reasonable attorney's fees and costs to the party against whom the 33603
civil action or proceeding is brought.33604

       (H)(1) Except as provided in divisions (H)(4) and (N) of this 33605
section, a report made under this section is confidential. The 33606
information provided in a report made pursuant to this section and 33607
the name of the person who made the report shall not be released 33608
for use, and shall not be used, as evidence in any civil action or 33609
proceeding brought against the person who made the report. Nothing 33610
in this division shall preclude the use of reports of other 33611
incidents of known or suspected abuse or neglect in a civil action 33612
or proceeding brought pursuant to division (M) of this section 33613
against a person who is alleged to have violated division (A)(1) 33614
of this section, provided that any information in a report that 33615
would identify the child who is the subject of the report or the 33616
maker of the report, if the maker of the report is not the 33617
defendant or an agent or employee of the defendant, has been 33618
redacted. In a criminal proceeding, the report is admissible in 33619
evidence in accordance with the Rules of Evidence and is subject 33620
to discovery in accordance with the Rules of Criminal Procedure.33621

       (2) No person shall permit or encourage the unauthorized 33622
dissemination of the contents of any report made under this 33623
section.33624

       (3) A person who knowingly makes or causes another person to 33625
make a false report under division (B) of this section that 33626
alleges that any person has committed an act or omission that 33627
resulted in a child being an abused child or a neglected child is 33628
guilty of a violation of section 2921.14 of the Revised Code.33629

       (4) If a report is made pursuant to division (A) or (B) of 33630
this section and the child who is the subject of the report dies 33631
for any reason at any time after the report is made, but before 33632
the child attains eighteen years of age, the public children 33633
services agency or municipal or county peace officer to which the 33634
report was made or referred, on the request of the child fatality 33635
review board, shall submit a summary sheet of information 33636
providing a summary of the report to the review board of the 33637
county in which the deceased child resided at the time of death. 33638
On the request of the review board, the agency or peace officer 33639
may, at its discretion, make the report available to the review 33640
board. If the county served by the public children services agency 33641
is also served by a children's advocacy center and the report of 33642
alleged sexual abuse of a child or another type of abuse of a 33643
child is specified in the memorandum of understanding that creates 33644
the center as being within the center's jurisdiction, the agency 33645
or center shall perform the duties and functions specified in this 33646
division in accordance with the interagency agreement entered into 33647
under section 2151.428 of the Revised Code relative to that 33648
advocacy center.33649

       (5) A public children services agency shall advise a person 33650
alleged to have inflicted abuse or neglect on a child who is the 33651
subject of a report made pursuant to this section, including a 33652
report alleging sexual abuse of a child or another type of abuse 33653
of a child referred to a children's advocacy center pursuant to an 33654
interagency agreement entered into under section 2151.428 of the 33655
Revised Code, in writing of the disposition of the investigation. 33656
The agency shall not provide to the person any information that 33657
identifies the person who made the report, statements of 33658
witnesses, or police or other investigative reports.33659

       (I) Any report that is required by this section, other than a 33660
report that is made to the state highway patrol as described in 33661
section 5120.173 of the Revised Code, shall result in protective 33662
services and emergency supportive services being made available by 33663
the public children services agency on behalf of the children 33664
about whom the report is made, in an effort to prevent further 33665
neglect or abuse, to enhance their welfare, and, whenever 33666
possible, to preserve the family unit intact. The agency required 33667
to provide the services shall be the agency conducting the 33668
investigation of the report pursuant to section 2151.422 of the 33669
Revised Code.33670

       (J)(1) Each public children services agency shall prepare a 33671
memorandum of understanding that is signed by all of the 33672
following:33673

       (a) If there is only one juvenile judge in the county, the 33674
juvenile judge of the county or the juvenile judge's 33675
representative;33676

       (b) If there is more than one juvenile judge in the county, a 33677
juvenile judge or the juvenile judges' representative selected by 33678
the juvenile judges or, if they are unable to do so for any 33679
reason, the juvenile judge who is senior in point of service or 33680
the senior juvenile judge's representative;33681

       (c) The county peace officer;33682

       (d) All chief municipal peace officers within the county;33683

       (e) Other law enforcement officers handling child abuse and 33684
neglect cases in the county;33685

       (f) The prosecuting attorney of the county;33686

       (g) If the public children services agency is not the county 33687
department of job and family services, the county department of 33688
job and family services;33689

       (h) The county humane society;33690

       (i) If the public children services agency participated in 33691
the execution of a memorandum of understanding under section 33692
2151.426 of the Revised Code establishing a children's advocacy 33693
center, each participating member of the children's advocacy 33694
center established by the memorandum.33695

       (2) A memorandum of understanding shall set forth the normal 33696
operating procedure to be employed by all concerned officials in 33697
the execution of their respective responsibilities under this 33698
section and division (C) of section 2919.21, division (B)(1) of 33699
section 2919.22, division (B) of section 2919.23, and section 33700
2919.24 of the Revised Code and shall have as two of its primary 33701
goals the elimination of all unnecessary interviews of children 33702
who are the subject of reports made pursuant to division (A) or 33703
(B) of this section and, when feasible, providing for only one 33704
interview of a child who is the subject of any report made 33705
pursuant to division (A) or (B) of this section. A failure to 33706
follow the procedure set forth in the memorandum by the concerned 33707
officials is not grounds for, and shall not result in, the 33708
dismissal of any charges or complaint arising from any reported 33709
case of abuse or neglect or the suppression of any evidence 33710
obtained as a result of any reported child abuse or child neglect 33711
and does not give, and shall not be construed as giving, any 33712
rights or any grounds for appeal or post-conviction relief to any 33713
person.33714

       (3) A memorandum of understanding shall include all of the 33715
following:33716

       (a) The roles and responsibilities for handling emergency and 33717
nonemergency cases of abuse and neglect;33718

       (b) Standards and procedures to be used in handling and 33719
coordinating investigations of reported cases of child abuse and 33720
reported cases of child neglect, methods to be used in 33721
interviewing the child who is the subject of the report and who 33722
allegedly was abused or neglected, and standards and procedures 33723
addressing the categories of persons who may interview the child 33724
who is the subject of the report and who allegedly was abused or 33725
neglected.33726

       (4) If a public children services agency participated in the 33727
execution of a memorandum of understanding under section 2151.426 33728
of the Revised Code establishing a children's advocacy center, the 33729
agency shall incorporate the contents of that memorandum in the 33730
memorandum prepared pursuant to this section.33731

       (5) The clerk of the court of common pleas in the county may 33732
sign the memorandum of understanding prepared under division 33733
(J)(1) of this section. If the clerk signs the memorandum of 33734
understanding, the clerk shall execute all relevant 33735
responsibilities as required of officials specified in the 33736
memorandum.33737

       (K)(1) Except as provided in division (K)(4) of this section, 33738
a person who is required to make a report pursuant to division (A) 33739
of this section may make a reasonable number of requests of the 33740
public children services agency that receives or is referred the 33741
report, or of the children's advocacy center that is referred the 33742
report if the report is referred to a children's advocacy center 33743
pursuant to an interagency agreement entered into under section 33744
2151.428 of the Revised Code, to be provided with the following 33745
information:33746

       (a) Whether the agency or center has initiated an 33747
investigation of the report;33748

       (b) Whether the agency or center is continuing to investigate 33749
the report;33750

       (c) Whether the agency or center is otherwise involved with 33751
the child who is the subject of the report;33752

       (d) The general status of the health and safety of the child 33753
who is the subject of the report;33754

       (e) Whether the report has resulted in the filing of a 33755
complaint in juvenile court or of criminal charges in another 33756
court.33757

       (2) A person may request the information specified in 33758
division (K)(1) of this section only if, at the time the report is 33759
made, the person's name, address, and telephone number are 33760
provided to the person who receives the report.33761

       When a municipal or county peace officer or employee of a 33762
public children services agency receives a report pursuant to 33763
division (A) or (B) of this section the recipient of the report 33764
shall inform the person of the right to request the information 33765
described in division (K)(1) of this section. The recipient of the 33766
report shall include in the initial child abuse or child neglect 33767
report that the person making the report was so informed and, if 33768
provided at the time of the making of the report, shall include 33769
the person's name, address, and telephone number in the report.33770

       Each request is subject to verification of the identity of 33771
the person making the report. If that person's identity is 33772
verified, the agency shall provide the person with the information 33773
described in division (K)(1) of this section a reasonable number 33774
of times, except that the agency shall not disclose any 33775
confidential information regarding the child who is the subject of 33776
the report other than the information described in those 33777
divisions.33778

       (3) A request made pursuant to division (K)(1) of this 33779
section is not a substitute for any report required to be made 33780
pursuant to division (A) of this section.33781

       (4) If an agency other than the agency that received or was 33782
referred the report is conducting the investigation of the report 33783
pursuant to section 2151.422 of the Revised Code, the agency 33784
conducting the investigation shall comply with the requirements of 33785
division (K) of this section.33786

       (L) The director of job and family services shall adopt rules 33787
in accordance with Chapter 119. of the Revised Code to implement 33788
this section. The department of job and family services may enter 33789
into a plan of cooperation with any other governmental entity to 33790
aid in ensuring that children are protected from abuse and 33791
neglect. The department shall make recommendations to the attorney 33792
general that the department determines are necessary to protect 33793
children from child abuse and child neglect.33794

       (M) Whoever violates division (A) of this section is liable 33795
for compensatory and exemplary damages to the child who would have 33796
been the subject of the report that was not made. A person who 33797
brings a civil action or proceeding pursuant to this division 33798
against a person who is alleged to have violated division (A)(1) 33799
of this section may use in the action or proceeding reports of 33800
other incidents of known or suspected abuse or neglect, provided 33801
that any information in a report that would identify the child who 33802
is the subject of the report or the maker of the report, if the 33803
maker is not the defendant or an agent or employee of the 33804
defendant, has been redacted.33805

       (N)(1) As used in this division:33806

        (a) "Out-of-home care" includes a nonchartered nonpublic 33807
school if the alleged child abuse or child neglect, or alleged 33808
threat of child abuse or child neglect, described in a report 33809
received by a public children services agency allegedly occurred 33810
in or involved the nonchartered nonpublic school and the alleged 33811
perpetrator named in the report holds a certificate, permit, or 33812
license issued by the state board of education under section 33813
3301.071 or Chapter 3319. of the Revised Code.33814

        (b) "Administrator, director, or other chief administrative 33815
officer" means the superintendent of the school district if the 33816
out-of-home care entity subject to a report made pursuant to this 33817
section is a school operated by the district.33818

        (2) No later than the end of the day following the day on 33819
which a public children services agency receives a report of 33820
alleged child abuse or child neglect, or a report of an alleged 33821
threat of child abuse or child neglect, that allegedly occurred in 33822
or involved an out-of-home care entity, the agency shall provide 33823
written notice of the allegations contained in and the person 33824
named as the alleged perpetrator in the report to the 33825
administrator, director, or other chief administrative officer of 33826
the out-of-home care entity that is the subject of the report 33827
unless the administrator, director, or other chief administrative 33828
officer is named as an alleged perpetrator in the report. If the 33829
administrator, director, or other chief administrative officer of 33830
an out-of-home care entity is named as an alleged perpetrator in a 33831
report of alleged child abuse or child neglect, or a report of an 33832
alleged threat of child abuse or child neglect, that allegedly 33833
occurred in or involved the out-of-home care entity, the agency 33834
shall provide the written notice to the owner or governing board 33835
of the out-of-home care entity that is the subject of the report. 33836
The agency shall not provide witness statements or police or other 33837
investigative reports.33838

       (3) No later than three days after the day on which a public 33839
children services agency that conducted the investigation as 33840
determined pursuant to section 2151.422 of the Revised Code makes 33841
a disposition of an investigation involving a report of alleged 33842
child abuse or child neglect, or a report of an alleged threat of 33843
child abuse or child neglect, that allegedly occurred in or 33844
involved an out-of-home care entity, the agency shall send written 33845
notice of the disposition of the investigation to the 33846
administrator, director, or other chief administrative officer and 33847
the owner or governing board of the out-of-home care entity. The 33848
agency shall not provide witness statements or police or other 33849
investigative reports.33850

       (O) As used in this section, "investigation" means the public 33851
children services agency's response to an accepted report of child 33852
abuse or neglect through either an alternative response or a 33853
traditional response.33854

       Sec. 2151.424.  (A) If a child has been placed in a certified 33855
foster home or is in the custody of a relative of the child, other 33856
than a parent of the child, a court, prior to conducting any 33857
hearing pursuant to division (E)(F)(2) or (3) of section 2151.412 33858
or section 2151.28, 2151.33, 2151.35, 2151.414, 2151.415, 33859
2151.416, or 2151.417 of the Revised Code with respect to the 33860
child, shall notify the foster caregiver or relative of the date, 33861
time, and place of the hearing. At the hearing, the foster 33862
caregiver or relative shall have the right to present evidence.33863

       (B) If a public children services agency or private child 33864
placing agency has permanent custody of a child and a petition to 33865
adopt the child has been filed under Chapter 3107. of the Revised 33866
Code, the agency, prior to conducting a review under section 33867
2151.416 of the Revised Code, or a court, prior to conducting a 33868
hearing under division (E)(F)(2) or (3) of section 2151.412 or 33869
section 2151.416 or 2151.417 of the Revised Code, shall notify the 33870
prospective adoptive parent of the date, time, and place of the 33871
review or hearing. At the review or hearing, the prospective 33872
adoptive parent shall have the right to present evidence.33873

       (C) The notice and the opportunity to present evidence do not 33874
make the foster caregiver, relative, or prospective adoptive 33875
parent a party in the action or proceeding pursuant to which the 33876
review or hearing is conducted.33877

       Sec. 2151.429. (A) The differential response approach, as 33878
defined in section 2151.011 of the Revised Code, pursued by a 33879
public children services agency shall include two response 33880
pathways, the traditional response pathway and the alternative 33881
response pathway. The director of job and family services shall 33882
adopt rules pursuant to Chapter 119. of the Revised Code setting 33883
forth the procedures and criteria for public children services 33884
agencies to assign and reassign response pathways.33885

       (B) The agency shall use the traditional response for the 33886
following types of accepted reports:33887

       (1) Physical abuse resulting in serious injury or that 33888
creates a serious and immediate risk to a child's health and 33889
safety.33890

       (2) Sexual abuse.33891

       (3) Child fatality.33892

       (4) Reports requiring a specialized assessment as identified 33893
by rule adopted by the department.33894

       (5) Reports requiring a third party investigative procedure 33895
as identified by rule adopted by the department.33896

       (C) For all other child abuse and neglect reports, an 33897
alternative response shall be the preferred response, whenever 33898
appropriate and in accordance with rules adopted by the 33899
department.33900

       Sec. 2151.56.  The "interstate compact for juveniles" is 33901
hereby ratified, enacted into law, and entered into by the state 33902
of Ohio as a party to the compact with any other state that has 33903
legally joined in the compact as follows:33904

INTERSTATE COMPACT FOR JUVENILES
33905

Article I -- Purpose
33906

       The compacting states to this interstate compact for 33907
juveniles recognize that each state is responsible for the proper 33908
supervision or return of juveniles, delinquents, and status 33909
offenders who are on probation or parole and who have absconded, 33910
escaped, or run away from supervision and control and in so doing 33911
have endangered their own safety and the safety of others. The 33912
compacting states also recognize that each state is responsible 33913
for the safe return of juveniles who have run away from home and 33914
in doing so have left their state of residence. The compacting 33915
states also recognize that congress, by enacting the Crime Control 33916
Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged 33917
compacts for cooperative efforts and mutual assistance in the 33918
prevention of crime.33919

       It is the policy of the compacting states that the activities 33920
conducted by the interstate commission for juveniles created by 33921
this compact are the formation of public policies and therefore 33922
are public business. Furthermore, the compacting states shall 33923
cooperate and observe their individual and collective duties and 33924
responsibilities for the prompt return and acceptance of juveniles 33925
subject to the provisions of this compact. The provisions of this 33926
compact shall be reasonably and liberally construed to accomplish 33927
the purposes and policies of the compact.33928

       It is the purpose of this compact, through means of joint and 33929
cooperative action among the compacting states, to do all of the 33930
following: 33931

       (A) Ensure that the adjudicated juveniles and status 33932
offenders subject to this compact are provided adequate 33933
supervision and services in the receiving state as ordered by the 33934
adjudicating judge or parole authority in the sending state; 33935

       (B) Ensure that the public safety interests of the citizens, 33936
including the victims of juvenile offenders, in both the sending 33937
and receiving states are adequately protected; 33938

       (C) Return juveniles who have run away, absconded, or escaped 33939
from supervision or control or have been accused of an offense to 33940
the state requesting their return; 33941

       (D) Make contracts for the cooperative institutionalization 33942
in public facilities in member states for delinquent youth needing 33943
special services; 33944

       (E) Provide for the effective tracking and supervision of 33945
juveniles; 33946

       (F) Equitably allocate the costs, benefits, and obligations 33947
of the compacting states; 33948

       (G) Establish procedures to manage the movement between 33949
states of juvenile offenders released to the community under the 33950
jurisdiction of courts, juvenile departments, or any other 33951
criminal or juvenile justice agency that has jurisdiction over 33952
juvenile offenders; 33953

       (H) Ensure immediate notice to jurisdictions where defined 33954
offenders are authorized to travel or to relocate across state 33955
lines; 33956

       (I) Establish procedures to resolve pending charges, such as 33957
detainers, against juvenile offenders prior to transfer or release 33958
to the community under the terms of this compact; 33959

       (J) Establish a system of uniform data collection on 33960
information pertaining to juveniles subject to this compact that 33961
allows access by authorized juvenile justice and criminal justice 33962
officials and regular reporting of compact activities to heads of 33963
state executive, judicial, and legislative branches and juvenile 33964
justice and criminal justice administrators; 33965

       (K) Monitor compliance with rules governing interstate 33966
movement of juveniles and initiate interventions to address and 33967
correct noncompliance; 33968

       (L) Coordinate training and education regarding the 33969
regulation of interstate movement of juveniles for officials 33970
involved in such activity; 33971

       (M) Coordinate the implementation and operation of this 33972
compact with the interstate compact for the placement of children, 33973
the interstate compact for adult offender supervision, and other 33974
compacts affecting juveniles, particularly in those cases where 33975
concurrent or overlapping supervision issues arise. 33976

Article II -- Definitions
33977

       As used in this compact, unless the context clearly requires 33978
a different construction:33979

       (A) "Bylaws" means those bylaws established by the interstate 33980
commission for its governance or for directing or controlling its 33981
actions or conduct.33982

       (B) "Compact administrator" means the individual in each 33983
compacting state appointed pursuant to the terms of this compact 33984
who is responsible for the administration and management of the 33985
state's supervision and transfer of juveniles subject to the terms 33986
of this compact, the rules adopted by the interstate commission 33987
under this compact, and policies adopted by the state council 33988
under this compact.33989

       (C) "Compacting state" means any state that has enacted the 33990
enabling legislation for this compact.33991

       (D) "Commissioner" means the voting representative of each 33992
compacting state appointed pursuant to Article III of this 33993
compact.33994

       (E) "Court" means any court having jurisdiction over 33995
delinquent, neglected, or dependent children.33996

       (F) "Interstate commission for juveniles" or "interstate 33997
commission" means the interstate commission for juveniles created 33998
by Article III of this compact.33999

       (G) "Juvenile" means any person defined as a juvenile in any 34000
member state or by the rules of the interstate commission, 34001
including any of the following:34002

       (1) An "accused delinquent," which means a person charged 34003
with a violation of a law or municipal ordinance that, if 34004
committed by an adult, would be a criminal offense;34005

       (2) An "adjudicated delinquent," which means a person found 34006
to have committed a violation of a law or municipal ordinance 34007
that, if committed by an adult, would be a criminal offense;34008

       (3) An "accused status offender," which means a person 34009
charged with a violation of a law or municipal ordinance that 34010
would not be a criminal offense if committed by an adult;34011

       (4) An "adjudicated status offender," which means a person 34012
found to have committed a violation of a law or municipal 34013
ordinance that would not be a criminal offense if committed by an 34014
adult; 34015

       (5) A "nonoffender," which means a person in need of 34016
supervision who is not an accused or adjudicated status offender 34017
or delinquent.34018

       (H) "Noncompacting state" means any state that has not 34019
enacted the enabling legislation for this compact.34020

       (I) "Probation or parole" means any kind of supervision or 34021
conditional release of juveniles authorized under the laws of the 34022
compacting states.34023

       (J) "Rule" means a written statement by the interstate 34024
commission promulgated pursuant to Article VI of this compact that 34025
is of general applicability, that implements, interprets, or 34026
prescribes a policy or provision of the compact, or an 34027
organizational, procedural, or practice requirement of the 34028
interstate commission, and that has the force and effect of 34029
statutory law in a compacting state, and includes the amendment, 34030
repeal, or suspension of an existing rule.34031

       (K) "State" means a state of the United States, the District 34032
of Columbia or its designee, the Commonwealth of Puerto Rico, the 34033
U.S. Virgin Islands, Guam, American Samoa, and the Northern 34034
Marianas Islands.34035

Article III -- Interstate Commission for Juveniles
34036

       (A) The compacting states hereby create the "interstate 34037
commission for juveniles." The commission shall be a body 34038
corporate and joint agency of the compacting states. The 34039
commission shall have all the responsibilities, powers, and duties 34040
set forth in this compact, and any additional powers that may be 34041
conferred upon it by subsequent action of the respective 34042
legislatures of the compacting states in accordance with the terms 34043
of this compact.34044

       (B) The interstate commission shall consist of commissioners 34045
appointed by the appropriate appointing authority in each state 34046
pursuant to the rules and requirements of each compacting state 34047
and in consultation with the state council for interstate juvenile 34048
supervision created in the state in accordance with this compact. 34049
The commissioners are the voting representatives of each state. 34050
The commissioner for a state shall be the compact administrator or 34051
designee from that state who shall serve on the interstate 34052
commission in such capacity under or pursuant to the applicable 34053
law of the compacting state.34054

       (C) In addition to the commissioners, the interstate 34055
commission also shall include individuals who are not 34056
commissioners but who are members of interested organizations. The 34057
noncommissioner members shall include a member of the national 34058
organizations of governors, legislators, state chief justices, 34059
attorneys general, interstate compact for adult offender 34060
supervision, interstate compact for the placement of children, 34061
juvenile justice and juvenile corrections officials, and crime 34062
victims. All noncommissioner members of the interstate commission 34063
shall be ex officio, nonvoting members. The interstate commission 34064
may provide in its bylaws for such additional ex officio, 34065
nonvoting members, including members of other national 34066
organizations, in such numbers as shall be determined by the 34067
commission.34068

       (D) Each compacting state represented at any meeting of the 34069
interstate commission is entitled to one vote. A majority of the 34070
compacting states shall constitute a quorum for the transaction of 34071
business, unless a larger quorum is required by the bylaws of the 34072
interstate commission.34073

       (E) The interstate commission shall meet at least once each 34074
calendar year. The chairperson may call additional meetings and, 34075
upon the request of a simple majority of the compacting states, 34076
shall call additional meetings. Public notice shall be given of 34077
all meetings, and all meetings, shall be open to the public.34078

       (F) The interstate commission shall establish an executive 34079
committee, which shall include commission officers, members, and 34080
others as determined by the interstate commission's bylaws. The 34081
executive committee shall have the power to act on behalf of the 34082
interstate commission during periods when the interstate 34083
commission is not in session, with the exception of any rulemaking 34084
or amendment to the compact. The executive committee shall do all 34085
of the following:34086

       (1) Oversee the day-to-day activities of the administration 34087
of the compact, managed by an executive director and interstate 34088
commission staff;34089

       (2) Administer enforcement and compliance with the provisions 34090
of this compact and the interstate commission's bylaws and rules;34091

       (3) Perform any other duties as directed by the interstate 34092
commission or set forth in its bylaws. 34093

       (G) Each member of the interstate commission shall have the 34094
right and power to cast a vote to which that compacting state is 34095
entitled and to participate in the business and affairs of the 34096
interstate commission. A member shall vote in person and shall not 34097
delegate a vote to another compacting state. However, a 34098
commissioner, in consultation with the state council for 34099
interstate juvenile supervision for the state, shall appoint 34100
another authorized representative, in the absence of the 34101
commissioner from that state, to cast a vote on behalf of the 34102
compacting state at a specified meeting. The interstate 34103
commission's bylaws may provide for members' participation in 34104
meetings by telephone or other means of telecommunication or 34105
electronic communication.34106

       (H) The interstate commission's bylaws shall establish 34107
conditions and procedures under which the interstate commission 34108
shall make its information and official records available to the 34109
public for inspection or copying. The interstate commission may 34110
exempt from disclosure any information or official records to the 34111
extent the information or official records would adversely affect 34112
personal privacy rights or proprietary interests.34113

       (I) Public notice shall be given of all meetings of the 34114
interstate commission, and all of its meetings shall be open to 34115
the public, except as set forth in the commission's rules or as 34116
otherwise provided in this compact. The interstate commission and 34117
any of its committees may close a meeting to the public when it 34118
determines by two-thirds vote that an open meeting would be likely 34119
to do any of the following:34120

       (1) Relate solely to the interstate commission's internal 34121
personnel practices and procedures;34122

       (2) Disclose matters specifically exempted from disclosure by 34123
statute;34124

       (3) Disclose trade secrets or commercial or financial 34125
information that is privileged or confidential;34126

       (4) Involve accusing any person of a crime or formally 34127
censuring any person;34128

       (5) Disclose information of a personal nature where 34129
disclosure would constitute a clearly unwarranted invasion of 34130
personal privacy;34131

       (6) Disclose investigative records compiled for law 34132
enforcement purposes;34133

       (7) Disclose information contained in or related to 34134
examination, operating, or condition reports prepared by, or on 34135
behalf of or for the use of, the interstate commission with 34136
respect to a regulated person or entity for the purpose of 34137
regulation or supervision of such person or entity;34138

       (8) Disclose information, the premature disclosure of which 34139
would significantly endanger the stability of a regulated person 34140
or entity;34141

       (9) Specifically relate to the interstate commission's 34142
issuance of a subpoena or its participation in a civil action or 34143
other legal proceeding.34144

       (J) For every meeting closed pursuant to division (I) of this 34145
Article of this compact, the interstate commission's legal counsel 34146
shall publicly certify that, in the legal counsel's opinion, the 34147
meeting may be closed to the public and shall reference each 34148
relevant exemptive provision. The interstate commission shall keep 34149
minutes that fully and clearly describe all matters discussed in 34150
any meeting and that provide a full and accurate summary of any 34151
actions taken, and the reasons for the actions, including a 34152
description of each of the views expressed on any item and the 34153
record of any roll call vote (reflected in the vote of each member 34154
on the question). All documents considered in connection with any 34155
action shall be identified in those minutes.34156

       (K) The interstate commission shall collect standardized data 34157
concerning the interstate movement of juveniles as directed 34158
through its rules, which shall specify the data to be collected, 34159
the means of collection and data exchange, and reporting 34160
requirements. Such methods of data collection, exchange, and 34161
reporting shall insofar as is reasonably possible conform to 34162
up-to-date technology and coordinate the interstate commission's 34163
information functions with the appropriate repository of records.34164

Article IV -- Powers and Duties of the Interstate Commission
34165

       The interstate commission shall maintain its corporate books 34166
and records in accordance with its bylaws.34167

       The interstate commission shall have all of the following 34168
powers and duties:34169

       (A) To provide for dispute resolution among compacting 34170
states;34171

       (B) To promulgate rules to affect the purposes and 34172
obligations as enumerated in this compact, which rules shall have 34173
the force and effect of statutory law and shall be binding in the 34174
compacting states to the extent and in the manner provided in this 34175
compact;34176

       (C) To oversee, supervise, and coordinate the interstate 34177
movement of juveniles, subject to the terms of this compact and 34178
any bylaws adopted and rules promulgated by the interstate 34179
commission;34180

       (D) To enforce compliance with the provisions of this 34181
compact, the rules promulgated by the interstate commission, and 34182
the interstate commission's bylaws, using all necessary and proper 34183
means, including but not limited to the use of judicial process;34184

       (E) To establish and maintain offices, which shall be located 34185
within one or more of the compacting states;34186

       (F) To purchase and maintain insurance and bonds;34187

       (G) To borrow, accept, hire, or contract for services of 34188
personnel;34189

       (H) To establish and appoint committees and hire staff that 34190
it considers necessary for the carrying out of its functions, 34191
including, but not limited to, an executive committee as required 34192
by Article III of this compact, which executive committee shall 34193
have the power to act on behalf of the interstate commission in 34194
carrying out its powers and duties under this compact;34195

       (I) To elect or appoint officers, attorneys, employees, 34196
agents, or consultants, to fix their compensation, define their 34197
duties, and determine their qualifications, and to establish the 34198
interstate commission's personnel policies and programs relating 34199
to, inter alia, conflicts of interest, rates of compensation, and 34200
qualifications of personnel;34201

       (J) To accept any and all donations and grants of money, 34202
equipment, supplies, materials, and services and to receive, 34203
utilize, and dispose of same;34204

       (K) To lease, purchase, accept contributions or donations of, 34205
or otherwise to own, hold, improve, or use any real property, 34206
personal property, or mixed real and personal property;34207

       (L) To sell, convey, mortgage, pledge, lease, exchange, 34208
abandon, or otherwise dispose of any real property, personal 34209
property, or mixed real and personal property;34210

       (M) To establish a budget and make expenditures and levy dues 34211
as provided in Article VIII of this compact;34212

       (N) To sue and be sued;34213

       (O) To adopt a seal and bylaws governing the management and 34214
operation of the interstate commission;34215

       (P) To perform any functions that may be necessary or 34216
appropriate to achieve the purposes of this compact;34217

       (Q) To report annually to the legislatures, governors, 34218
judiciary, and state councils for interstate juvenile supervision 34219
of the compacting states concerning the activities of the 34220
interstate commission during the preceding year, and with the 34221
annual reports also including any recommendations that may have 34222
been adopted by the interstate commission.34223

       (R) To coordinate education, training, and public awareness 34224
regarding the interstate movement of juveniles for officials 34225
involved in such activity.34226

       (S) To establish uniform standards of the reporting, 34227
collecting and exchanging of data.34228

Article V -- Organization and Operation of the Interstate
34229
Commission
34230

       Section A. Bylaws34231

       The interstate commission, by a majority of the members 34232
present and voting and within twelve months after the first 34233
interstate commission meeting, shall adopt bylaws to govern its 34234
conduct as may be necessary or appropriate to carry out the 34235
purposes of this compact, including, but not limited to, bylaws 34236
that do all of the following:34237

       (1) Establish the fiscal year of the interstate commission;34238

       (2) Establish an executive committee and any other committees 34239
that may be necessary;34240

       (3) Provide for the establishment of committees governing any 34241
general or specific delegation of any authority or function of the 34242
interstate commission;34243

       (4) Provide reasonable procedures for calling and conducting 34244
meetings of the interstate commission and ensuring reasonable 34245
notice of each such meeting;34246

       (5) Establish the titles and responsibilities of the officers 34247
of the interstate commission;34248

       (6) Provide a mechanism for concluding the operations of the 34249
interstate commission and the return of any surplus funds that may 34250
exist upon the termination of this compact after the payment or 34251
reserving of all of its debts and obligations, or both;34252

       (7) Provide start-up rules for initial administration of this 34253
compact;34254

       (8) Establish standards and procedures for compliance and 34255
technical assistance in carrying out this compact.34256

       Section B. Officers and Staff34257

       (1) The interstate commission, by a majority of the members, 34258
shall elect annually from among its members a chairperson and a 34259
vice chairperson, each of whom shall have such authority and 34260
duties as may be specified in the interstate commission's bylaws. 34261
The chairperson or, in the chairperson's absence or disability, 34262
the vice chairperson shall preside at all meetings of the 34263
interstate commission. The officers so elected shall serve without 34264
compensation or remuneration from the interstate commission; 34265
provided that, subject to the availability of budgeted funds, the 34266
officers shall be reimbursed for any ordinary and necessary costs 34267
and expenses incurred by them in the performance of their duties 34268
and responsibilities as officers of the interstate commission.34269

       (2) The interstate commission, through its executive 34270
committee, shall appoint or retain an executive director for such 34271
period, upon such terms and conditions, and for such compensation 34272
as the interstate commission considers appropriate. The executive 34273
director shall serve as secretary to the interstate commission but 34274
shall not be a member of the interstate commission. The executive 34275
director shall hire and supervise such other staff as may be 34276
authorized by the interstate commission.34277

       Section C. Qualified Immunity, Defense, and Indemnification34278

       (1) Except as otherwise provided in this subsection, the 34279
interstate commission's executive director and each of its 34280
employees shall be immune from suit and liability, either 34281
personally or in the executive director's or employee's official 34282
capacity, for any claim for damage to or loss of property or 34283
personal injury or other civil liability caused or arising out of 34284
or relating to any actual or alleged act, error, or omission that 34285
occurred, or that the executive director or employee had a 34286
reasonable basis for believing occurred, within the scope of 34287
commission employment, duties, or responsibilities. The executive 34288
director or an employee shall not be protected from suit or 34289
liability for any damage, loss, injury, or liability caused by the 34290
executive director's or employee's willful and wanton misconduct 34291
of any such person.34292

       (2) The liability of any commissioner, or the employee or 34293
agent of a commissioner, acting within the scope of such person's 34294
employment or duties for acts, errors, or omissions occurring 34295
within such person's state may not exceed the limits of liability 34296
set forth under the constitution and laws of that state for state 34297
officials, employees, and agents. Nothing in this subsection shall 34298
be construed to protect any such person from suit or liability for 34299
any damage, loss, injury, or liability caused by the intentional 34300
or willful and wanton misconduct of any such person.34301

       (3) Except as otherwise provided in this subsection, the 34302
interstate commission shall defend the executive director or the 34303
employees or representatives of the interstate commission and, 34304
subject to the approval of the attorney general of the state 34305
represented by any commissioner of a compacting state, shall 34306
defend such commissioner or the commissioner's representatives or 34307
employees in any civil action seeking to impose liability arising 34308
out of any actual or alleged act, error, or omission that occurred 34309
within the scope of interstate commission employment, duties, or 34310
responsibilities, or that the defendant had a reasonable basis for 34311
believing occurred within the scope of interstate commission 34312
employment, duties, or responsibilities. The duty to defend 34313
described in this division does not apply if the actual or alleged 34314
act, error, or omission in question resulted from intentional or 34315
willful and wanton misconduct on the part of the executive 34316
director, employee, or representative of the interstate commission 34317
or the commissioner of a compacting state or the commissioner's 34318
representatives or employees.34319

       (4) Except as otherwise provided in this subsection, the 34320
interstate commission shall indemnify and hold the commissioner of 34321
a compacting state, or the commissioner's representatives or 34322
employees, or the interstate commission's representatives or 34323
employees, harmless in the amount of any settlement or judgment 34324
obtained against such persons arising out of any actual or alleged 34325
act, error, or omission that occurred within the scope of 34326
interstate commission employment, duties, or responsibilities, or 34327
that such persons had a reasonable basis for believing occurred 34328
within the scope of interstate commission employment, duties, or 34329
responsibilities. The duty to indemnify and hold harmless 34330
described in this division does not apply if the actual or alleged 34331
act, error, or omission in question resulted from intentional or 34332
willful and wanton misconduct on the part of the commissioner of a 34333
compacting state or the commissioner's representatives or 34334
employees or the interstate commission's representatives or 34335
employees.34336

Article VI -- Rulemaking Functions of the Interstate Commission
34337

       (A) The interstate commission shall promulgate and publish 34338
rules in order to effectively and efficiently achieve the purposes 34339
of this compact.34340

       (B) Rulemaking shall occur pursuant to the criteria set forth 34341
in this Article and the bylaws and rules adopted pursuant thereto. 34342
The rulemaking shall substantially conform to the principles of 34343
the "Model State Administrative Procedures Act," 1981 Act, Uniform 34344
Laws Annotated, Vol. 15, p. 1 (2000), or another administrative 34345
procedures act, as the interstate commission determines 34346
appropriate consistent with due process requirements under the 34347
United States Constitution as now or hereafter interpreted by the 34348
United States Supreme Court. All rules and amendments shall become 34349
binding as of the date specified, as published with the final 34350
version of the rule as approved by the interstate commission.34351

       (C) When promulgating a rule, the interstate commission, at a 34352
minimum, shall do all of the following:34353

       (1) Publish the proposed rule's entire text stating the 34354
reason or reasons for that proposed rule;34355

       (2) Allow and invite any and all persons to submit written 34356
data, facts, opinions, and arguments, which information shall be 34357
added to the record and be made publicly available;34358

       (3) Provide an opportunity for an informal hearing, if 34359
petitioned by ten or more persons; 34360

       (4) Promulgate a final rule and its effective date, if 34361
appropriate, based on input from state or local officials, or 34362
interested parties.34363

       (D) When the interstate commission promulgates a rule, not 34364
later than sixty days after the rule is promulgated, any 34365
interested person may file a petition in the United States 34366
district court for the District of Columbia or in the federal 34367
district court where the interstate commission's principal office 34368
is located, for judicial review of the rule. If the court finds 34369
that the interstate commission's action is not supported by 34370
substantial evidence in the rulemaking record, the court shall 34371
hold the rule unlawful and set it aside. For purposes of this 34372
division, evidence is substantial if it would be considered 34373
substantial evidence under the "Model State Administrative 34374
Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 34375
(2000).34376

       (E) If a majority of the legislatures of the compacting 34377
states rejects a rule, those states, by enactment of a statute or 34378
resolution in the same manner used to adopt the compact, may cause 34379
that such rule shall have no further force and effect in any 34380
compacting state.34381

       (F) The existing rules governing the operation of the 34382
interstate compact on juveniles that is superseded by this compact 34383
shall be null and void twelve months after the first meeting of 34384
the interstate commission created under this compact.34385

       (G) Upon determination by the interstate commission that a 34386
state of emergency exists, it may promulgate an emergency rule. An 34387
emergency rule so promulgated shall become effective immediately 34388
upon adoption, provided that the usual rulemaking procedures 34389
specified in this Article shall be retroactively applied to the 34390
emergency rule as soon as reasonably possible, but not later than 34391
ninety days after the effective date of the emergency rule.34392

Article VII -- Oversight, Enforcement, and Dispute Resolution by
34393
the Interstate Commission
34394

       A Oversight and Enforcement34395

       (1) The interstate commission shall oversee the 34396
administration and operations of the interstate movement of 34397
juveniles subject to this compact in the compacting states and 34398
shall monitor such activities being administered in noncompacting 34399
states that may significantly affect compacting states.34400

       (2) The courts and executive agencies in each compacting 34401
state shall enforce this compact and shall take all actions 34402
necessary and appropriate to effectuate this compact's purposes 34403
and intent. The provisions of this compact and the rules 34404
promulgated under it shall be received by all the judges, public 34405
officers, commissions, and departments of the state government as 34406
evidence of the authorized statute and administrative rules. All 34407
courts shall take judicial notice of the compact and the rules. In 34408
any judicial or administrative proceeding in a compacting state 34409
pertaining to the subject matter of this compact that may affect 34410
the powers, responsibilities, or actions of the interstate 34411
commission, the interstate commission shall be entitled to receive 34412
all service of process in the proceeding and shall have standing 34413
to intervene in the proceeding for all purposes.34414

       Section B. Dispute Resolution34415

       (1) The compacting states shall report to the interstate 34416
commission on all issues and activities necessary for the 34417
administration of this compact and on all issues and activities 34418
pertaining to compliance with the provisions of this compact and 34419
the interstate commission's bylaws and rules.34420

       (2) The interstate commission, upon the request of a 34421
compacting state, shall attempt to resolve any disputes or other 34422
issues that are subject to this compact and that may arise among 34423
compacting states and between compacting and non-compacting 34424
states. The interstate commission shall promulgate a rule 34425
providing for both mediation and binding dispute resolution for 34426
disputes among the compacting states.34427

       (3) The interstate commission, in the reasonable exercise of 34428
its discretion, shall enforce the provisions and rules of this 34429
compact using any or all means set forth in Article XI of this 34430
compact.34431

Article VIII -- Finance
34432

       (A) The interstate commission shall pay or provide for the 34433
payment of the reasonable expenses of its establishment, 34434
organization, and ongoing activities.34435

       (B) The interstate commission shall levy on and collect an 34436
annual assessment from each compacting state to cover the cost of 34437
the internal operations and activities of the interstate 34438
commission and its staff. The annual assessment shall be in a 34439
total amount sufficient to cover the interstate commission's 34440
annual budget as approved each year. The aggregate annual 34441
assessment amount shall be allocated based upon a formula to be 34442
determined by the interstate commission, taking into consideration 34443
the population of each compacting state and the volume of 34444
interstate movement of juveniles in each compacting state. The 34445
interstate commission shall promulgate a rule binding upon all 34446
compacting states that governs the assessment.34447

       (C) The interstate commission shall not incur any obligations 34448
of any kind prior to securing the funds adequate to meet the 34449
obligations. The interstate commission shall not pledge the credit 34450
of any of the compacting states, except by and with the authority 34451
of the compacting state.34452

       (D) The interstate commission shall keep accurate accounts of 34453
all receipts and disbursements. The receipts and disbursements of 34454
the interstate commission shall be subject to the audit and 34455
accounting procedures established under its bylaws. However, all 34456
receipts and disbursements of funds handled by the interstate 34457
commission shall be audited yearly by a certified or licensed 34458
public accountant and the report of the audit shall be included in 34459
and become part of the annual report of the interstate commission.34460

Article IX -- The State Council
34461

       Each compacting state shall create a state council for 34462
interstate juvenile supervision. While each compacting state may 34463
determine the membership of its own state council, its membership 34464
must include at least one representative from the legislative, 34465
judicial, and executive branches of government, victims groups, 34466
and the compact administrator or designee. Each compacting state 34467
retains the right to determine the qualifications of the compact 34468
administrator for the state. Each state council shall advise and 34469
may exercise oversight and advocacy concerning that state's 34470
participation in interstate commission activities and other duties 34471
as may be determined by that state, including but not limited to, 34472
development of policy concerning operations and procedures of the 34473
compact within that state. 34474

Article X – Compacting States, Effective Date, and Amendment
34475

       (A) Any state, as defined in Article II of this compact, is 34476
eligible to become a compacting state.34477

       (B) This compact shall become effective and binding upon 34478
legislative enactment of the compact into law by no less than 34479
thirty-five of the states. The initial effective date shall be the 34480
later of July 1, 2004, or upon enactment into law by the 34481
thirty-fifth jurisdiction. Thereafter, this compact shall become 34482
effective and binding as to any other compacting state upon 34483
enactment of this compact into law by that state. The governors of 34484
non-compacting states or their designees shall be invited to 34485
participate in the activities of the interstate commission on a 34486
non-voting basis prior to adoption of this compact by all states.34487

       (C) The interstate commission may propose amendments to this 34488
compact for enactment by the compacting states. No amendment shall 34489
become effective and binding upon the interstate commission and 34490
the compacting states unless and until it is enacted into law by 34491
unanimous consent of the compacting states.34492

Article XI – Withdrawal, Default, Termination, and Judicial
34493
Enforcement
34494

       Section A. Withdrawal34495

       (1) Once effective, this compact shall continue in force and 34496
remain binding upon each and every compacting state, provided that 34497
a compacting state may withdraw from this compact by specifically 34498
repealing the statute that enacted this compact into law.34499

       (2) The effective date of withdrawal of a compacting state is 34500
the effective date of the state's repeal of the statute that 34501
enacted this compact into law.34502

       (3) A compacting state that withdraws from this compact shall 34503
immediately notify the chairperson of the interstate commission in 34504
writing upon the introduction of legislation repealing this 34505
compact in the withdrawing state. The interstate commission shall 34506
notify the other compacting states of the withdrawing state's 34507
intent to withdraw within sixty days of the interstate 34508
commission's receipt of the notice from the withdrawing state.34509

       (4) A compacting state that withdraws from this compact is 34510
responsible for all assessments, obligations, and liabilities 34511
incurred through the effective date of withdrawal, including any 34512
obligations, the performance of which extend beyond the effective 34513
date of withdrawal.34514

       (5) If a compacting state withdraws from this compact, 34515
reinstatement of the withdrawing state following withdrawal shall 34516
occur upon the withdrawing state reenacting this compact or upon 34517
such later date as determined by the interstate commission. 34518

       Section B. Technical Assistance, Fines, Suspension, 34519
Termination, and Default34520

       (1) If the interstate commission determines that any 34521
compacting state has at any time defaulted in the performance of 34522
any of its obligations or responsibilities under this compact, or 34523
under the interstate commission's bylaws or duly promulgated 34524
rules, the interstate commission may impose one or more of the 34525
following penalties:34526

       (a) Remedial training and technical assistance as directed by 34527
the interstate commission;34528

       (b) Alternative dispute resolution;34529

       (c) Fines, fees, and costs in such amounts as are deemed to 34530
be reasonable as fixed by the interstate commission;34531

       (d) Suspension or termination of membership in this compact, 34532
provided that suspension or termination of membership shall be 34533
imposed only after all other reasonable means of securing 34534
compliance under the bylaws and rules have been exhausted and the 34535
interstate commission has therefore determined that the offending 34536
state is in default. Immediate notice of suspension shall be given 34537
by the interstate commission to the governor of the defaulting 34538
state, its chief justice or the chief judicial officer, the 34539
majority and minority leaders of its state legislature, and the 34540
state council for interstate juvenile supervision. The grounds for 34541
default include, but are not limited to, failure of a compacting 34542
state to perform such obligations or responsibilities imposed upon 34543
it by this compact, by the interstate commission's bylaws, or by 34544
its duly promulgated rules, and any other grounds designated in 34545
commission bylaws and rules. The interstate commission shall 34546
immediately notify the defaulting state in writing of the penalty 34547
imposed by the interstate commission and of the default pending a 34548
cure of the default. The interstate commission shall stipulate the 34549
conditions and the time period within which the defaulting state 34550
must cure its default. If the defaulting state fails to cure the 34551
default within the time period specified by the interstate 34552
commission, the defaulting state shall be terminated from this 34553
compact upon an affirmative vote of a majority of the compacting 34554
states and all rights, privileges, and benefits conferred by this 34555
compact shall be terminated from the effective date of 34556
termination.34557

       (2) Within sixty days of the effective date of termination of 34558
a defaulting compacting state, the interstate commission shall 34559
notify the defaulting state's governor, its chief justice or chief 34560
judicial officer, the majority and minority leaders of its state 34561
legislature, and the state council for interstate juvenile 34562
supervision of the termination.34563

       (3) A defaulting compacting state is responsible for all 34564
assessments, obligations, and liabilities incurred through the 34565
effective date of termination, including any obligations the 34566
performance of which extends beyond the effective date of 34567
termination.34568

       (4) The interstate commission shall not bear any costs 34569
relating to a defaulting compacting state unless otherwise 34570
mutually agreed upon in writing between the interstate commission 34571
and the defaulting state.34572

       (5) If a defaulting compacting state is terminated, 34573
reinstatement of the defaulting state following termination 34574
requires both a reenactment of the compact by the defaulting state 34575
and the approval of the interstate commission pursuant to its 34576
rules.34577

       Section C. Judicial Enforcement34578

       The interstate commission, by majority vote of the members, 34579
may initiate legal action against any compacting state to enforce 34580
compliance with the provisions of this compact, and the interstate 34581
commission's duly promulgated rules and bylaws. Any such action, 34582
if initiated, shall be initiated in the United States district 34583
court for the District of Columbia or, at the discretion of the 34584
interstate commission, in the federal district where the 34585
interstate commission has its offices. In the event judicial 34586
enforcement is necessary, the prevailing party shall be awarded 34587
all costs of the litigation including reasonable attorney's fees.34588

       D Dissolution of Compact34589

       (1) This compact dissolves effective upon the date of the 34590
withdrawal or default of the compacting state, which reduces 34591
membership in this compact to one compacting state.34592

       (2) Upon the dissolution of this compact, the compact becomes 34593
null and void and shall be of no further force or effect, the 34594
business and affairs of the interstate commission shall be 34595
concluded, and any surplus funds shall be distributed in 34596
accordance with the interstate commission's bylaws.34597

       Article XII – Severability and Construction 34598

       (A) The provisions of this compact shall be severable, and if 34599
any phrase, clause, sentence, or provision is deemed 34600
unenforceable, the remaining provisions of the compact shall be 34601
enforceable.34602

       (B) The provisions of this compact shall be liberally 34603
construed to effectuate its purposes.34604

Article XIII – Binding Effect of Compact and Other Laws
34605

       Section A. Other Laws34606

       (1) Nothing in this compact prevents the enforcement of any 34607
other law of a compacting state that is not inconsistent with this 34608
compact.34609

       (2) All compacting states' laws, other than state 34610
constitutions and other interstate compacts, conflicting with this 34611
compact are superseded to the extent of the conflict.34612

       Section B. Binding Effect of the Compact34613

       (1) All lawful actions of the interstate commission, 34614
including all rules and bylaws promulgated by the interstate 34615
commission, are binding upon the compacting states.34616

       (2) All agreements between the interstate commission and the 34617
compacting states are binding in accordance with their terms.34618

       (3) Upon the request of a party to a conflict over the 34619
meaning or interpretation of interstate commission actions, and 34620
upon a majority vote of the compacting states, the interstate 34621
commission may issue advisory opinions regarding that meaning or 34622
interpretation.34623

       (4) In the event any provision of this compact exceeds the 34624
constitutional limits imposed on the legislature of any compacting 34625
state, the obligations, duties, powers, or jurisdiction sought to 34626
be conferred by that provision upon the interstate commission 34627
shall be ineffective and such obligations, duties, powers, or 34628
jurisdiction shall remain in the compacting state and shall be 34629
exercised by the agency of that state to which such obligations, 34630
duties, powers, or jurisdiction are delegated by law in effect at 34631
the time this compact becomes effective. 34632

Article XIV – Financial Reimbursement
34633

       The state agency responsible for administering this compact 34634
shall have the legal authority to recoup fines, fees and costs 34635
imposed by the interstate commission as stated in Article XI, 34636
Section B, Subsection (1)(c) of this compact when the default in 34637
performance is the result of a decision made by an entity outside 34638
the jurisdiction of the agency administering this compact. 34639

       Sec. 2151.57.  (A) As used in sections 2151.57 to 2151.59 of 34640
the Revised Code:34641

       (1) "Interstate compact for juveniles" means the interstate 34642
compact for juveniles ratified, enacted into law, and entered into 34643
by this state pursuant to section 2151.56 of the Revised Code.34644

       (2) "Bylaws," "commissioner," "compact administrator," and 34645
"interstate commission for juveniles" have the same meanings as in 34646
section 2151.56 of the Revised Code.34647

       (B) The state council for interstate juvenile supervision is 34648
hereby established within the department of youth services. The 34649
council shall consist of the following members:34650

       (1) One member who is the compact administrator or the 34651
designee of the compact administrator;34652

       (2) One member of the house of representatives appointed by 34653
the speaker of the house of representatives;34654

       (3) One member of the senate appointed by the president of 34655
the senate;34656

       (4) One member who is a representative of the executive 34657
branch of state government, in addition to the member described in 34658
division (B)(1) of this section, appointed by the governor;34659

       (5) One member who is a representative of the judiciary, who 34660
shall be a juvenile court judge appointed by the chief justice of 34661
the supreme court;34662

       (6) One member who is a person who represents an organization 34663
that advocates for the rights of victims of crime or a delinquent 34664
act, appointed by the governor.34665

       (C) The state council for interstate juvenile supervision 34666
shall advise and may exercise oversight and advocacy concerning 34667
this state's participation in activities of the interstate 34668
commission for juveniles, shall develop policy for this state 34669
concerning operations and procedures of the interstate compact for 34670
juveniles within this state, and shall perform other duties 34671
assigned to state councils under that compact.34672

       Sec. 2151.58.  (A) The governor shall appoint the director of 34673
youth services as the compact administrator for the interstate 34674
compact for juveniles.34675

       (B) The governor shall appoint the compact administrator or 34676
shall allow the compact administrator to appoint a designee to 34677
serve as the commissioner from this state on the interstate 34678
commission for juveniles. 34679

       Sec. 2151.59.  (A) The department of youth services is the 34680
state agency responsible for administering the interstate compact 34681
for juveniles in this state.34682

       (B) The department of youth services shall pay all of the 34683
following:34684

       (1) The annual assessment charged to this state for 34685
participating in the interstate compact for juveniles;34686

       (2) All fines, fees, or costs assessed against this state by 34687
the interstate commission for juveniles for any default in the 34688
performance of this state's obligations or responsibilities under 34689
the compact, the bylaws, or rules duly promulgated under the 34690
compact.34691

       Sec.  2152.26.  (A) Except as provided in divisions (B) and 34692
(F) of this section, a child alleged to be or adjudicated a 34693
delinquent child or a juvenile traffic offender may be held only 34694
in the following places:34695

       (1) A certified foster home or a home approved by the court;34696

       (2) A facility operated by a certified child welfare agency;34697

       (3) Any other suitable place designated by the court.34698

       (B) In addition to the places listed in division (A) of this 34699
section, a child alleged to be or adjudicated a delinquent child 34700
may be held in a detention facility for delinquent children that 34701
is under the direction or supervision of the court or other public 34702
authority or of a private agency and approved by the court and a 34703
child adjudicated a delinquent child may be held in accordance 34704
with division (F)(2) of this section in a facility of a type 34705
specified in that division. Division (B) of this section does not 34706
apply to a child alleged to be or adjudicated a delinquent child 34707
for chronic truancy, unless the child violated a lawful court 34708
order made pursuant to division (A)(6) of section 2152.19 of the 34709
Revised Code. Division (B) of this section also does not apply to 34710
a child alleged to be or adjudicated a delinquent child for being 34711
an habitual truant who previously has been adjudicated an unruly 34712
child for being an habitual truant, unless the child violated a 34713
lawful court order made pursuant to division (C)(1)(e) of section 34714
2151.354 of the Revised Code.34715

       (C)(1) Except as provided under division (C)(1) of section 34716
2151.311 of the Revised Code or division (A)(5) of section 2152.21 34717
of the Revised Code, a child alleged to be or adjudicated a 34718
juvenile traffic offender may not be held in any of the following 34719
facilities:34720

       (a) A state correctional institution, county, multicounty, or 34721
municipal jail or workhouse, or other place in which an adult 34722
convicted of crime, under arrest, or charged with a crime is held.34723

       (b) A secure correctional facility.34724

       (2) Except as provided under this section, sections 2151.56 34725
to 2151.612151.59, and divisions (A)(5) and (6) of section 34726
2152.21 of the Revised Code, a child alleged to be or adjudicated 34727
a juvenile traffic offender may not be held for more than 34728
twenty-four hours in a detention facility.34729

       (D) Except as provided in division (F) of this section or in 34730
division (C) of section 2151.311, in division (C)(2) of section 34731
5139.06 and section 5120.162, or in division (B) of section 34732
5120.16 of the Revised Code, a child who is alleged to be or is 34733
adjudicated a delinquent child may not be held in a state 34734
correctional institution, county, multicounty, or municipal jail 34735
or workhouse, or other place where an adult convicted of crime, 34736
under arrest, or charged with crime is held.34737

       (E) Unless the detention is pursuant to division (F) of this 34738
section or division (C) of section 2151.311, division (C)(2) of 34739
section 5139.06 and section 5120.162, or division (B) of section 34740
5120.16 of the Revised Code, the official in charge of the 34741
institution, jail, workhouse, or other facility shall inform the 34742
court immediately when a child, who is or appears to be under the 34743
age of eighteen years, is received at the facility, and shall 34744
deliver the child to the court upon request or transfer the child 34745
to a detention facility designated by the court.34746

       (F)(1) If a case is transferred to another court for criminal 34747
prosecution pursuant to section 2152.12 of the Revised Code, the 34748
child may be transferred for detention pending the criminal 34749
prosecution in a jail or other facility in accordance with the law 34750
governing the detention of persons charged with crime. Any child 34751
so held shall be confined in a manner that keeps the child beyond 34752
the range of touch of all adult detainees. The child shall be 34753
supervised at all times during the detention.34754

       (2) If a person is adjudicated a delinquent child or juvenile 34755
traffic offender and the court makes a disposition of the person 34756
under this chapter, at any time after the person attains eighteen 34757
years of age, the person may be held under that disposition in 34758
places other than those specified in division (A) of this section, 34759
including, but not limited to, a county, multicounty, or municipal 34760
jail or workhouse, or other place where an adult convicted of 34761
crime, under arrest, or charged with crime is held.34762

       (3)(a) A person alleged to be a delinquent child may be held 34763
in places other than those specified in division (A) of this 34764
section, including, but not limited to, a county, multicounty, or 34765
municipal jail, if the delinquent act that the child allegedly 34766
committed would be a felony if committed by an adult, and if 34767
either of the following applies:34768

       (i) The person attains eighteen years of age before the 34769
person is arrested or apprehended for that act.34770

       (ii) The person is arrested or apprehended for that act 34771
before the person attains eighteen years of age, but the person 34772
attains eighteen years of age before the court orders a 34773
disposition in the case.34774

       (b) If, pursuant to division (F)(3)(a) of this section, a 34775
person is held in a place other than a place specified in division 34776
(A) of this section, the person has the same rights to bail as an 34777
adult charged with the same offense who is confined in a jail 34778
pending trial.34779

       Sec. 2152.72.  (A) This section applies only to a child who 34780
is or previously has been adjudicated a delinquent child for an 34781
act to which any of the following applies:34782

       (1) The act is a violation of section 2903.01, 2903.02, 34783
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or 34784
2907.05 of the Revised Code.34785

       (2) The act is a violation of section 2923.01 of the Revised 34786
Code and involved an attempt to commit aggravated murder or 34787
murder.34788

       (3) The act would be a felony if committed by an adult, and 34789
the court determined that the child, if an adult, would be guilty 34790
of a specification found in section 2941.141, 2941.144, or 34791
2941.145 of the Revised Code or in another section of the Revised 34792
Code that relates to the possession or use of a firearm during the 34793
commission of the act for which the child was adjudicated a 34794
delinquent child.34795

       (4) The act would be an offense of violence that is a felony 34796
if committed by an adult, and the court determined that the child, 34797
if an adult, would be guilty of a specification found in section 34798
2941.1411 of the Revised Code or in another section of the Revised 34799
Code that relates to the wearing or carrying of body armor during 34800
the commission of the act for which the child was adjudicated a 34801
delinquent child.34802

       (B)(1) Except as provided in division (E) of this section, a 34803
public children services agency, private child placing agency, 34804
private noncustodial agency, or court, the department of youth 34805
services, or another private or government entity shall not place 34806
a child in a certified foster home or for adoption until it 34807
provides the foster caregivers or prospective adoptive parents 34808
with all of the following:34809

       (a) A written report describing the child's social history;34810

       (b) A written report describing all the acts committed by the 34811
child the entity knows of that resulted in the child being 34812
adjudicated a delinquent child and the disposition made by the 34813
court, unless the records pertaining to the acts have been sealed 34814
pursuant to section 2151.356 of the Revised Code;34815

       (c) A written report describing any other violent act 34816
committed by the child of which the entity is aware;34817

       (d) The substantial and material conclusions and 34818
recommendations of any psychiatric or psychological examination 34819
conducted on the child or, if no psychological or psychiatric 34820
examination of the child is available, the substantial and 34821
material conclusions and recommendations of an examination to 34822
detect mental and emotional disorders conducted in compliance with 34823
the requirements of Chapter 4757. of the Revised Code by an 34824
independent social worker, social worker, professional clinical 34825
counselor, or professional counselor licensed under that chapter. 34826
The entity shall not provide any part of a psychological, 34827
psychiatric, or mental and emotional disorder examination to the 34828
foster caregivers or prospective adoptive parents other than the 34829
substantial and material conclusions.34830

       (2) Notwithstanding sections 2151.356 to 2151.358 of the 34831
Revised Code, if records of an adjudication that a child is a 34832
delinquent child have been sealed pursuant to those sections and 34833
an entity knows the records have been sealed, the entity shall 34834
provide the foster caregivers or prospective adoptive parents a 34835
written statement that the records of a prior adjudication have 34836
been sealed.34837

       (C)(1) The entity that places the child in a certified foster 34838
home or for adoption shall conduct a psychological examination of 34839
the child unless either of the following applies:34840

       (a) An entity is not required to conduct the examination if 34841
an examination was conducted no more than one year prior to the 34842
child's placement, and division (C)(1)(b) of this section does not 34843
apply.34844

       (b) An entity is not required to conduct the examination if a 34845
foster caregiver seeks to adopt the foster caregiver's foster 34846
child, and an examination was conducted no more than two years 34847
prior to the date the foster caregiver seeks to adopt the child.34848

       (2) No later than sixty days after placing the child, the 34849
entity shall provide the foster caregiver or prospective adoptive 34850
parents a written report detailing the substantial and material 34851
conclusions and recommendations of the examination conducted 34852
pursuant to this division.34853

       (D)(1) Except as provided in divisions (D)(2) and (3) of this 34854
section, the expenses of conducting the examinations and preparing 34855
the reports and assessment required by division (B) or (C) of this 34856
section shall be paid by the entity that places the child in the 34857
certified foster home or for adoption.34858

       (2) When a juvenile court grants temporary or permanent 34859
custody of a child pursuant to any section of the Revised Code, 34860
including section 2151.33, 2151.353, 2151.354, or 2152.19 of the 34861
Revised Code, to a public children services agency or private 34862
child placing agency, the court shall provide the agency the 34863
information described in division (B) of this section, pay the 34864
expenses of preparing that information, and, if a new examination 34865
is required to be conducted, pay the expenses of conducting the 34866
examination described in division (C) of this section. On receipt 34867
of the information described in division (B) of this section, the 34868
agency shall provide to the court written acknowledgment that the 34869
agency received the information. The court shall keep the 34870
acknowledgment and provide a copy to the agency. On the motion of 34871
the agency, the court may terminate the order granting temporary 34872
or permanent custody of the child to that agency, if the court 34873
does not provide the information described in division (B) of this 34874
section.34875

       (3) If one of the following entities is placing a child in a 34876
certified foster home or for adoption with the assistance of or by 34877
contracting with a public children services agency, private child 34878
placing agency, or a private noncustodial agency, the entity shall 34879
provide the agency with the information described in division (B) 34880
of this section, pay the expenses of preparing that information, 34881
and, if a new examination is required to be conducted, pay the 34882
expenses of conducting the examination described in division (C) 34883
of this section:34884

       (a) The department of youth services if the placement is 34885
pursuant to any section of the Revised Code including section 34886
2152.22, 5139.06, 5139.07, 5139.38, or 5139.39 of the Revised 34887
Code;34888

       (b) A juvenile court with temporary or permanent custody of a 34889
child pursuant to section 2151.354 or 2152.19 of the Revised Code;34890

       (c) A public children services agency or private child 34891
placing agency with temporary or permanent custody of the child.34892

       The agency receiving the information described in division 34893
(B) of this section shall provide the entity described in division 34894
(D)(3)(a) to (c) of this section that sent the information written 34895
acknowledgment that the agency received the information and 34896
provided it to the foster caregivers or prospective adoptive 34897
parents. The entity shall keep the acknowledgment and provide a 34898
copy to the agency. An entity that places a child in a certified 34899
foster home or for adoption with the assistance of or by 34900
contracting with an agency remains responsible to provide the 34901
information described in division (B) of this section to the 34902
foster caregivers or prospective adoptive parents unless the 34903
entity receives written acknowledgment that the agency provided 34904
the information.34905

       (E) If a child is placed in a certified foster home as a 34906
result of an emergency removal of the child from home pursuant to 34907
division (D) of section 2151.31 of the Revised Code, an emergency 34908
change in the child's case plan pursuant to division (E)(F)(3) of 34909
section 2151.412 of the Revised Code, or an emergency placement by 34910
the department of youth services pursuant to this chapter or 34911
Chapter 5139. of the Revised Code, the entity that places the 34912
child in the certified foster home shall provide the information 34913
described in division (B) of this section no later than ninety-six 34914
hours after the child is placed in the certified foster home.34915

       (F) On receipt of the information described in divisions (B) 34916
and (C) of this section, the foster caregiver or prospective 34917
adoptive parents shall provide to the entity that places the child 34918
in the foster caregiver's or prospective adoptive parents' home a 34919
written acknowledgment that the foster caregiver or prospective 34920
adoptive parents received the information. The entity shall keep 34921
the acknowledgment and provide a copy to the foster caregiver or 34922
prospective adoptive parents.34923

       (G) No person employed by an entity subject to this section 34924
and made responsible by that entity for the child's placement in a 34925
certified foster home or for adoption shall fail to provide the 34926
foster caregivers or prospective adoptive parents with the 34927
information required by divisions (B) and (C) of this section.34928

       (H) It is not a violation of any duty of confidentiality 34929
provided for in the Revised Code or a code of professional 34930
responsibility for a person or government entity to provide the 34931
substantial and material conclusions and recommendations of a 34932
psychiatric or psychological examination, or an examination to 34933
detect mental and emotional disorders, in accordance with division 34934
(B)(1)(d) or (C) of this section.34935

       (I) As used in this section:34936

       (1) "Body armor" has the same meaning as in section 2941.1411 34937
of the Revised Code.34938

       (2) "Firearm" has the same meaning as in section 2923.11 of 34939
the Revised Code.34940

       Sec. 2301.03.  (A) In Franklin county, the judges of the 34941
court of common pleas whose terms begin on January 1, 1953, 34942
January 2, 1953, January 5, 1969, January 5, 1977, and January 2, 34943
1997, and successors, shall have the same qualifications, exercise 34944
the same powers and jurisdiction, and receive the same 34945
compensation as other judges of the court of common pleas of 34946
Franklin county and shall be elected and designated as judges of 34947
the court of common pleas, division of domestic relations. They 34948
shall have all the powers relating to juvenile courts, and all 34949
cases under Chapters 2151. and 2152. of the Revised Code, all 34950
parentage proceedings under Chapter 3111. of the Revised Code over 34951
which the juvenile court has jurisdiction, and all divorce, 34952
dissolution of marriage, legal separation, and annulment cases 34953
shall be assigned to them. In addition to the judge's regular 34954
duties, the judge who is senior in point of service shall serve on 34955
the children services board and the county advisory board and 34956
shall be the administrator of the domestic relations division and 34957
its subdivisions and departments.34958

       (B) In Hamilton county:34959

       (1) The judge of the court of common pleas, whose term begins 34960
on January 1, 1957, and successors, and the judge of the court of 34961
common pleas, whose term begins on February 14, 1967, and 34962
successors, shall be the juvenile judges as provided in Chapters 34963
2151. and 2152. of the Revised Code, with the powers and 34964
jurisdiction conferred by those chapters.34965

       (2) The judges of the court of common pleas whose terms begin 34966
on January 5, 1957, January 16, 1981, and July 1, 1991, and 34967
successors, shall be elected and designated as judges of the court 34968
of common pleas, division of domestic relations, and shall have 34969
assigned to them all divorce, dissolution of marriage, legal 34970
separation, and annulment cases coming before the court. On or 34971
after the first day of July and before the first day of August of 34972
1991 and each year thereafter, a majority of the judges of the 34973
division of domestic relations shall elect one of the judges of 34974
the division as administrative judge of that division. If a 34975
majority of the judges of the division of domestic relations are 34976
unable for any reason to elect an administrative judge for the 34977
division before the first day of August, a majority of the judges 34978
of the Hamilton county court of common pleas, as soon as possible 34979
after that date, shall elect one of the judges of the division of 34980
domestic relations as administrative judge of that division. The 34981
term of the administrative judge shall begin on the earlier of the 34982
first day of August of the year in which the administrative judge 34983
is elected or the date on which the administrative judge is 34984
elected by a majority of the judges of the Hamilton county court 34985
of common pleas and shall terminate on the date on which the 34986
administrative judge's successor is elected in the following year.34987

       In addition to the judge's regular duties, the administrative 34988
judge of the division of domestic relations shall be the 34989
administrator of the domestic relations division and its 34990
subdivisions and departments and shall have charge of the 34991
employment, assignment, and supervision of the personnel of the 34992
division engaged in handling, servicing, or investigating divorce, 34993
dissolution of marriage, legal separation, and annulment cases, 34994
including any referees considered necessary by the judges in the 34995
discharge of their various duties.34996

       The administrative judge of the division of domestic 34997
relations also shall designate the title, compensation, expense 34998
allowances, hours, leaves of absence, and vacations of the 34999
personnel of the division, and shall fix the duties of its 35000
personnel. The duties of the personnel, in addition to those 35001
provided for in other sections of the Revised Code, shall include 35002
the handling, servicing, and investigation of divorce, dissolution 35003
of marriage, legal separation, and annulment cases and counseling 35004
and conciliation services that may be made available to persons 35005
requesting them, whether or not the persons are parties to an 35006
action pending in the division.35007

       The board of county commissioners shall appropriate the sum 35008
of money each year as will meet all the administrative expenses of 35009
the division of domestic relations, including reasonable expenses 35010
of the domestic relations judges and the division counselors and 35011
other employees designated to conduct the handling, servicing, and 35012
investigation of divorce, dissolution of marriage, legal 35013
separation, and annulment cases, conciliation and counseling, and 35014
all matters relating to those cases and counseling, and the 35015
expenses involved in the attendance of division personnel at 35016
domestic relations and welfare conferences designated by the 35017
division, and the further sum each year as will provide for the 35018
adequate operation of the division of domestic relations.35019

       The compensation and expenses of all employees and the salary 35020
and expenses of the judges shall be paid by the county treasurer 35021
from the money appropriated for the operation of the division, 35022
upon the warrant of the county auditor, certified to by the 35023
administrative judge of the division of domestic relations.35024

       The summonses, warrants, citations, subpoenas, and other 35025
writs of the division may issue to a bailiff, constable, or staff 35026
investigator of the division or to the sheriff of any county or 35027
any marshal, constable, or police officer, and the provisions of 35028
law relating to the subpoenaing of witnesses in other cases shall 35029
apply insofar as they are applicable. When a summons, warrant, 35030
citation, subpoena, or other writ is issued to an officer, other 35031
than a bailiff, constable, or staff investigator of the division, 35032
the expense of serving it shall be assessed as a part of the costs 35033
in the case involved.35034

       (3) The judge of the court of common pleas of Hamilton county 35035
whose term begins on January 3, 1997, and the successors to that 35036
judge shall each be elected and designated as the drug court judge 35037
of the court of common pleas of Hamilton county. The drug court 35038
judge may accept or reject any case referred to the drug court 35039
judge under division (B)(3) of this section. After the drug court 35040
judge accepts a referred case, the drug court judge has full 35041
authority over the case, including the authority to conduct 35042
arraignment, accept pleas, enter findings and dispositions, 35043
conduct trials, order treatment, and if treatment is not 35044
successfully completed pronounce and enter sentence.35045

       A judge of the general division of the court of common pleas 35046
of Hamilton county and a judge of the Hamilton county municipal 35047
court may refer to the drug court judge any case, and any 35048
companion cases, the judge determines meet the criteria described 35049
under divisions (B)(3)(a) and (b) of this section. If the drug 35050
court judge accepts referral of a referred case, the case, and any 35051
companion cases, shall be transferred to the drug court judge. A 35052
judge may refer a case meeting the criteria described in divisions 35053
(B)(3)(a) and (b) of this section that involves a violation of a 35054
condition of a community control sanction to the drug court judge, 35055
and, if the drug court judge accepts the referral, the referring 35056
judge and the drug court judge have concurrent jurisdiction over 35057
the case.35058

       A judge of the general division of the court of common pleas 35059
of Hamilton county and a judge of the Hamilton county municipal 35060
court may refer a case to the drug court judge under division 35061
(B)(3) of this section if the judge determines that both of the 35062
following apply:35063

       (a) One of the following applies:35064

       (i) The case involves a drug abuse offense, as defined in 35065
section 2925.01 of the Revised Code, that is a felony of the third 35066
or fourth degree if the offense is committed prior to July 1, 35067
1996, a felony of the third, fourth, or fifth degree if the 35068
offense is committed on or after July 1, 1996, or a misdemeanor.35069

       (ii) The case involves a theft offense, as defined in section 35070
2913.01 of the Revised Code, that is a felony of the third or 35071
fourth degree if the offense is committed prior to July 1, 1996, a 35072
felony of the third, fourth, or fifth degree if the offense is 35073
committed on or after July 1, 1996, or a misdemeanor, and the 35074
defendant is drug or alcohol dependent or in danger of becoming 35075
drug or alcohol dependent and would benefit from treatment.35076

       (b) All of the following apply:35077

       (i) The case involves an offense for which a community 35078
control sanction may be imposed or is a case in which a mandatory 35079
prison term or a mandatory jail term is not required to be 35080
imposed.35081

       (ii) The defendant has no history of violent behavior.35082

       (iii) The defendant has no history of mental illness.35083

       (iv) The defendant's current or past behavior, or both, is 35084
drug or alcohol driven.35085

       (v) The defendant demonstrates a sincere willingness to 35086
participate in a fifteen-month treatment process.35087

       (vi) The defendant has no acute health condition.35088

       (vii) If the defendant is incarcerated, the county prosecutor 35089
approves of the referral.35090

       (4) If the administrative judge of the court of common pleas 35091
of Hamilton county determines that the volume of cases pending 35092
before the drug court judge does not constitute a sufficient 35093
caseload for the drug court judge, the administrative judge, in 35094
accordance with the Rules of Superintendence for Courts of Common 35095
Pleas, shall assign individual cases to the drug court judge from 35096
the general docket of the court. If the assignments so occur, the 35097
administrative judge shall cease the assignments when the 35098
administrative judge determines that the volume of cases pending 35099
before the drug court judge constitutes a sufficient caseload for 35100
the drug court judge.35101

       (5) As used in division (B) of this section, "community 35102
control sanction," "mandatory prison term," and "mandatory jail 35103
term" have the same meanings as in section 2929.01 of the Revised 35104
Code.35105

       (C)(1) In Lorain county:35106

       (a) The judges of the court of common pleas whose terms begin 35107
on January 3, 1959, January 4, 1989, and January 2, 1999, and 35108
successors, and the judge of the court of common pleas whose term 35109
begins on February 9, 2009, shall have the same qualifications, 35110
exercise the same powers and jurisdiction, and receive the same 35111
compensation as the other judges of the court of common pleas of 35112
Lorain county and shall be elected and designated as the judges of 35113
the court of common pleas, division of domestic relations. The 35114
judges of the court of common pleas whose terms begin on January 35115
3, 1959, January 4, 1989, and January 2, 1999, and successors, 35116
shall have all of the powers relating to juvenile courts, and all 35117
cases under Chapters 2151. and 2152. of the Revised Code, all 35118
parentage proceedings over which the juvenile court has 35119
jurisdiction, and all divorce, dissolution of marriage, legal 35120
separation, and annulment cases shall be assigned to them, except 35121
cases that for some special reason are assigned to some other 35122
judge of the court of common pleas. From February 9, 2009, through 35123
September 28, 2009, the judge of the court of common pleas whose 35124
term begins on February 9, 2009, shall have all the powers 35125
relating to juvenile courts, and cases under Chapters 2151. and 35126
2152. of the Revised Code, parentage proceedings over which the 35127
juvenile court has jurisdiction, and divorce, dissolution of 35128
marriage, legal separation, and annulment cases shall be assigned 35129
to that judge, except cases that for some special reason are 35130
assigned to some other judge of the court of common pleas.35131

       (b) From January 1, 2006, through September 28, 2009, the 35132
judges of the court of common pleas, division of domestic 35133
relations, in addition to the powers and jurisdiction set forth in 35134
division (C)(1)(a) of this section, shall have jurisdiction over 35135
matters that are within the jurisdiction of the probate court 35136
under Chapter 2101. and other provisions of the Revised Code. 35137

        (c) The judge of the court of common pleas, division of 35138
domestic relations, whose term begins on February 9, 2009, is the 35139
successor to the probate judge who was elected in 2002 for a term 35140
that began on February 9, 2003. After September 28, 2009, the 35141
judge of the court of common pleas, division of domestic 35142
relations, whose term begins on February 9, 2009, shall be the 35143
probate judge.35144

        (2)(a) From February 9, 2009, through September 28, 2009, 35145
with respect to Lorain county, all references in law to the 35146
probate court shall be construed as references to the court of 35147
common pleas, division of domestic relations, and all references 35148
to the probate judge shall be construed as references to the 35149
judges of the court of common pleas, division of domestic 35150
relations.35151

        (b) From February 9, 2009, through September 28, 2009, with 35152
respect to Lorain county, all references in law to the clerk of 35153
the probate court shall be construed as references to the judge 35154
who is serving pursuant to Rule 4 of the Rules of Superintendence 35155
for the Courts of Ohio as the administrative judge of the court of 35156
common pleas, division of domestic relations.35157

       (D) In Lucas county:35158

       (1) The judges of the court of common pleas whose terms begin 35159
on January 1, 1955, and January 3, 1965, and successors, shall 35160
have the same qualifications, exercise the same powers and 35161
jurisdiction, and receive the same compensation as other judges of 35162
the court of common pleas of Lucas county and shall be elected and 35163
designated as judges of the court of common pleas, division of 35164
domestic relations. All divorce, dissolution of marriage, legal 35165
separation, and annulment cases shall be assigned to them.35166

       The judge of the division of domestic relations, senior in 35167
point of service, shall be considered as the presiding judge of 35168
the court of common pleas, division of domestic relations, and 35169
shall be charged exclusively with the assignment and division of 35170
the work of the division and the employment and supervision of all 35171
other personnel of the domestic relations division.35172

       (2) The judges of the court of common pleas whose terms begin 35173
on January 5, 1977, and January 2, 1991, and successors shall have 35174
the same qualifications, exercise the same powers and 35175
jurisdiction, and receive the same compensation as other judges of 35176
the court of common pleas of Lucas county, shall be elected and 35177
designated as judges of the court of common pleas, juvenile 35178
division, and shall be the juvenile judges as provided in Chapters 35179
2151. and 2152. of the Revised Code with the powers and 35180
jurisdictions conferred by those chapters. In addition to the 35181
judge's regular duties, the judge of the court of common pleas, 35182
juvenile division, senior in point of service, shall be the 35183
administrator of the juvenile division and its subdivisions and 35184
departments and shall have charge of the employment, assignment, 35185
and supervision of the personnel of the division engaged in 35186
handling, servicing, or investigating juvenile cases, including 35187
any referees considered necessary by the judges of the division in 35188
the discharge of their various duties.35189

       The judge of the court of common pleas, juvenile division, 35190
senior in point of service, also shall designate the title, 35191
compensation, expense allowance, hours, leaves of absence, and 35192
vacation of the personnel of the division and shall fix the duties 35193
of the personnel of the division. The duties of the personnel, in 35194
addition to other statutory duties include the handling, 35195
servicing, and investigation of juvenile cases and counseling and 35196
conciliation services that may be made available to persons 35197
requesting them, whether or not the persons are parties to an 35198
action pending in the division.35199

       (3) If one of the judges of the court of common pleas, 35200
division of domestic relations, or one of the judges of the 35201
juvenile division is sick, absent, or unable to perform that 35202
judge's judicial duties or the volume of cases pending in that 35203
judge's division necessitates it, the duties shall be performed by 35204
the judges of the other of those divisions.35205

       (E) In Mahoning county:35206

       (1) The judge of the court of common pleas whose term began 35207
on January 1, 1955, and successors, shall have the same 35208
qualifications, exercise the same powers and jurisdiction, and 35209
receive the same compensation as other judges of the court of 35210
common pleas of Mahoning county, shall be elected and designated 35211
as judge of the court of common pleas, division of domestic 35212
relations, and shall be assigned all the divorce, dissolution of 35213
marriage, legal separation, and annulment cases coming before the 35214
court. In addition to the judge's regular duties, the judge of the 35215
court of common pleas, division of domestic relations, shall be 35216
the administrator of the domestic relations division and its 35217
subdivisions and departments and shall have charge of the 35218
employment, assignment, and supervision of the personnel of the 35219
division engaged in handling, servicing, or investigating divorce, 35220
dissolution of marriage, legal separation, and annulment cases, 35221
including any referees considered necessary in the discharge of 35222
the various duties of the judge's office.35223

       The judge also shall designate the title, compensation, 35224
expense allowances, hours, leaves of absence, and vacations of the 35225
personnel of the division and shall fix the duties of the 35226
personnel of the division. The duties of the personnel, in 35227
addition to other statutory duties, include the handling, 35228
servicing, and investigation of divorce, dissolution of marriage, 35229
legal separation, and annulment cases and counseling and 35230
conciliation services that may be made available to persons 35231
requesting them, whether or not the persons are parties to an 35232
action pending in the division.35233

       (2) The judge of the court of common pleas whose term began 35234
on January 2, 1969, and successors, shall have the same 35235
qualifications, exercise the same powers and jurisdiction, and 35236
receive the same compensation as other judges of the court of 35237
common pleas of Mahoning county, shall be elected and designated 35238
as judge of the court of common pleas, juvenile division, and 35239
shall be the juvenile judge as provided in Chapters 2151. and 35240
2152. of the Revised Code, with the powers and jurisdictions 35241
conferred by those chapters. In addition to the judge's regular 35242
duties, the judge of the court of common pleas, juvenile division, 35243
shall be the administrator of the juvenile division and its 35244
subdivisions and departments and shall have charge of the 35245
employment, assignment, and supervision of the personnel of the 35246
division engaged in handling, servicing, or investigating juvenile 35247
cases, including any referees considered necessary by the judge in 35248
the discharge of the judge's various duties.35249

       The judge also shall designate the title, compensation, 35250
expense allowances, hours, leaves of absence, and vacation of the 35251
personnel of the division and shall fix the duties of the 35252
personnel of the division. The duties of the personnel, in 35253
addition to other statutory duties, include the handling, 35254
servicing, and investigation of juvenile cases and counseling and 35255
conciliation services that may be made available to persons 35256
requesting them, whether or not the persons are parties to an 35257
action pending in the division.35258

       (3) If a judge of the court of common pleas, division of 35259
domestic relations or juvenile division, is sick, absent, or 35260
unable to perform that judge's judicial duties, or the volume of 35261
cases pending in that judge's division necessitates it, that 35262
judge's duties shall be performed by another judge of the court of 35263
common pleas.35264

       (F) In Montgomery county:35265

       (1) The judges of the court of common pleas whose terms begin 35266
on January 2, 1953, and January 4, 1977, and successors, shall 35267
have the same qualifications, exercise the same powers and 35268
jurisdiction, and receive the same compensation as other judges of 35269
the court of common pleas of Montgomery county and shall be 35270
elected and designated as judges of the court of common pleas, 35271
division of domestic relations. These judges shall have assigned 35272
to them all divorce, dissolution of marriage, legal separation, 35273
and annulment cases.35274

       The judge of the division of domestic relations, senior in 35275
point of service, shall be charged exclusively with the assignment 35276
and division of the work of the division and shall have charge of 35277
the employment and supervision of the personnel of the division 35278
engaged in handling, servicing, or investigating divorce, 35279
dissolution of marriage, legal separation, and annulment cases, 35280
including any necessary referees, except those employees who may 35281
be appointed by the judge, junior in point of service, under this 35282
section and sections 2301.12,and 2301.18, and 2301.19 of the 35283
Revised Code. The judge of the division of domestic relations, 35284
senior in point of service, also shall designate the title, 35285
compensation, expense allowances, hours, leaves of absence, and 35286
vacation of the personnel of the division and shall fix their 35287
duties.35288

       (2) The judges of the court of common pleas whose terms begin 35289
on January 1, 1953, and January 1, 1993, and successors, shall 35290
have the same qualifications, exercise the same powers and 35291
jurisdiction, and receive the same compensation as other judges of 35292
the court of common pleas of Montgomery county, shall be elected 35293
and designated as judges of the court of common pleas, juvenile 35294
division, and shall be, and have the powers and jurisdiction of, 35295
the juvenile judge as provided in Chapters 2151. and 2152. of the 35296
Revised Code.35297

       In addition to the judge's regular duties, the judge of the 35298
court of common pleas, juvenile division, senior in point of 35299
service, shall be the administrator of the juvenile division and 35300
its subdivisions and departments and shall have charge of the 35301
employment, assignment, and supervision of the personnel of the 35302
juvenile division, including any necessary referees, who are 35303
engaged in handling, servicing, or investigating juvenile cases. 35304
The judge, senior in point of service, also shall designate the 35305
title, compensation, expense allowances, hours, leaves of absence, 35306
and vacation of the personnel of the division and shall fix their 35307
duties. The duties of the personnel, in addition to other 35308
statutory duties, shall include the handling, servicing, and 35309
investigation of juvenile cases and of any counseling and 35310
conciliation services that are available upon request to persons, 35311
whether or not they are parties to an action pending in the 35312
division.35313

       If one of the judges of the court of common pleas, division 35314
of domestic relations, or one of the judges of the court of common 35315
pleas, juvenile division, is sick, absent, or unable to perform 35316
that judge's duties or the volume of cases pending in that judge's 35317
division necessitates it, the duties of that judge may be 35318
performed by the judge or judges of the other of those divisions.35319

       (G) In Richland county:35320

       (1) The judge of the court of common pleas whose term begins 35321
on January 1, 1957, and successors, shall have the same 35322
qualifications, exercise the same powers and jurisdiction, and 35323
receive the same compensation as the other judges of the court of 35324
common pleas of Richland county and shall be elected and 35325
designated as judge of the court of common pleas, division of 35326
domestic relations. That judge shall be assigned and hear all 35327
divorce, dissolution of marriage, legal separation, and annulment 35328
cases, all domestic violence cases arising under section 3113.31 35329
of the Revised Code, and all post-decree proceedings arising from 35330
any case pertaining to any of those matters. The division of 35331
domestic relations has concurrent jurisdiction with the juvenile 35332
division of the court of common pleas of Richland county to 35333
determine the care, custody, or control of any child not a ward of 35334
another court of this state, and to hear and determine a request 35335
for an order for the support of any child if the request is not 35336
ancillary to an action for divorce, dissolution of marriage, 35337
annulment, or legal separation, a criminal or civil action 35338
involving an allegation of domestic violence, or an action for 35339
support brought under Chapter 3115. of the Revised Code. Except in 35340
cases that are subject to the exclusive original jurisdiction of 35341
the juvenile court, the judge of the division of domestic 35342
relations shall be assigned and hear all cases pertaining to 35343
paternity or parentage, the care, custody, or control of children, 35344
parenting time or visitation, child support, or the allocation of 35345
parental rights and responsibilities for the care of children, all 35346
proceedings arising under Chapter 3111. of the Revised Code, all 35347
proceedings arising under the uniform interstate family support 35348
act contained in Chapter 3115. of the Revised Code, and all 35349
post-decree proceedings arising from any case pertaining to any of 35350
those matters.35351

       In addition to the judge's regular duties, the judge of the 35352
court of common pleas, division of domestic relations, shall be 35353
the administrator of the domestic relations division and its 35354
subdivisions and departments. The judge shall have charge of the 35355
employment, assignment, and supervision of the personnel of the 35356
domestic relations division, including any magistrates the judge 35357
considers necessary for the discharge of the judge's duties. The 35358
judge shall also designate the title, compensation, expense 35359
allowances, hours, leaves of absence, vacation, and other 35360
employment-related matters of the personnel of the division and 35361
shall fix their duties.35362

        (2) The judge of the court of common pleas whose term begins 35363
on January 3, 2005, and successors, shall have the same 35364
qualifications, exercise the same powers and jurisdiction, and 35365
receive the same compensation as other judges of the court of 35366
common pleas of Richland county, shall be elected and designated 35367
as judge of the court of common pleas, juvenile division, and 35368
shall be, and have the powers and jurisdiction of, the juvenile 35369
judge as provided in Chapters 2151. and 2152. of the Revised Code. 35370
Except in cases that are subject to the exclusive original 35371
jurisdiction of the juvenile court, the judge of the juvenile 35372
division shall not have jurisdiction or the power to hear, and 35373
shall not be assigned, any case pertaining to paternity or 35374
parentage, the care, custody, or control of children, parenting 35375
time or visitation, child support, or the allocation of parental 35376
rights and responsibilities for the care of children or any 35377
post-decree proceeding arising from any case pertaining to any of 35378
those matters. The judge of the juvenile division shall not have 35379
jurisdiction or the power to hear, and shall not be assigned, any 35380
proceeding under the uniform interstate family support act 35381
contained in Chapter 3115. of the Revised Code.35382

       In addition to the judge's regular duties, the judge of the 35383
juvenile division shall be the administrator of the juvenile 35384
division and its subdivisions and departments. The judge shall 35385
have charge of the employment, assignment, and supervision of the 35386
personnel of the juvenile division who are engaged in handling, 35387
servicing, or investigating juvenile cases, including any 35388
magistrates whom the judge considers necessary for the discharge 35389
of the judge's various duties.35390

       The judge of the juvenile division also shall designate the 35391
title, compensation, expense allowances, hours, leaves of absence, 35392
and vacation of the personnel of the division and shall fix their 35393
duties. The duties of the personnel, in addition to other 35394
statutory duties, include the handling, servicing, and 35395
investigation of juvenile cases and providing any counseling, 35396
conciliation, and mediation services that the court makes 35397
available to persons, whether or not the persons are parties to an 35398
action pending in the court, who request the services.35399

       (H) In Stark county, the judges of the court of common pleas 35400
whose terms begin on January 1, 1953, January 2, 1959, and January 35401
1, 1993, and successors, shall have the same qualifications, 35402
exercise the same powers and jurisdiction, and receive the same 35403
compensation as other judges of the court of common pleas of Stark 35404
county and shall be elected and designated as judges of the court 35405
of common pleas, division of domestic relations. They shall have 35406
all the powers relating to juvenile courts, and all cases under 35407
Chapters 2151. and 2152. of the Revised Code, all parentage 35408
proceedings over which the juvenile court has jurisdiction, and 35409
all divorce, dissolution of marriage, legal separation, and 35410
annulment cases, except cases that are assigned to some other 35411
judge of the court of common pleas for some special reason, shall 35412
be assigned to the judges.35413

       The judge of the division of domestic relations, second most 35414
senior in point of service, shall have charge of the employment 35415
and supervision of the personnel of the division engaged in 35416
handling, servicing, or investigating divorce, dissolution of 35417
marriage, legal separation, and annulment cases, and necessary 35418
referees required for the judge's respective court.35419

       The judge of the division of domestic relations, senior in 35420
point of service, shall be charged exclusively with the 35421
administration of sections 2151.13, 2151.16, 2151.17, and 2152.71 35422
of the Revised Code and with the assignment and division of the 35423
work of the division and the employment and supervision of all 35424
other personnel of the division, including, but not limited to, 35425
that judge's necessary referees, but excepting those employees who 35426
may be appointed by the judge second most senior in point of 35427
service. The senior judge further shall serve in every other 35428
position in which the statutes permit or require a juvenile judge 35429
to serve.35430

       (I) In Summit county:35431

       (1) The judges of the court of common pleas whose terms begin 35432
on January 4, 1967, and January 6, 1993, and successors, shall 35433
have the same qualifications, exercise the same powers and 35434
jurisdiction, and receive the same compensation as other judges of 35435
the court of common pleas of Summit county and shall be elected 35436
and designated as judges of the court of common pleas, division of 35437
domestic relations. The judges of the division of domestic 35438
relations shall have assigned to them and hear all divorce, 35439
dissolution of marriage, legal separation, and annulment cases 35440
that come before the court. Except in cases that are subject to 35441
the exclusive original jurisdiction of the juvenile court, the 35442
judges of the division of domestic relations shall have assigned 35443
to them and hear all cases pertaining to paternity, custody, 35444
visitation, child support, or the allocation of parental rights 35445
and responsibilities for the care of children and all post-decree 35446
proceedings arising from any case pertaining to any of those 35447
matters. The judges of the division of domestic relations shall 35448
have assigned to them and hear all proceedings under the uniform 35449
interstate family support act contained in Chapter 3115. of the 35450
Revised Code.35451

       The judge of the division of domestic relations, senior in 35452
point of service, shall be the administrator of the domestic 35453
relations division and its subdivisions and departments and shall 35454
have charge of the employment, assignment, and supervision of the 35455
personnel of the division, including any necessary referees, who 35456
are engaged in handling, servicing, or investigating divorce, 35457
dissolution of marriage, legal separation, and annulment cases. 35458
That judge also shall designate the title, compensation, expense 35459
allowances, hours, leaves of absence, and vacations of the 35460
personnel of the division and shall fix their duties. The duties 35461
of the personnel, in addition to other statutory duties, shall 35462
include the handling, servicing, and investigation of divorce, 35463
dissolution of marriage, legal separation, and annulment cases and 35464
of any counseling and conciliation services that are available 35465
upon request to all persons, whether or not they are parties to an 35466
action pending in the division.35467

       (2) The judge of the court of common pleas whose term begins 35468
on January 1, 1955, and successors, shall have the same 35469
qualifications, exercise the same powers and jurisdiction, and 35470
receive the same compensation as other judges of the court of 35471
common pleas of Summit county, shall be elected and designated as 35472
judge of the court of common pleas, juvenile division, and shall 35473
be, and have the powers and jurisdiction of, the juvenile judge as 35474
provided in Chapters 2151. and 2152. of the Revised Code. Except 35475
in cases that are subject to the exclusive original jurisdiction 35476
of the juvenile court, the judge of the juvenile division shall 35477
not have jurisdiction or the power to hear, and shall not be 35478
assigned, any case pertaining to paternity, custody, visitation, 35479
child support, or the allocation of parental rights and 35480
responsibilities for the care of children or any post-decree 35481
proceeding arising from any case pertaining to any of those 35482
matters. The judge of the juvenile division shall not have 35483
jurisdiction or the power to hear, and shall not be assigned, any 35484
proceeding under the uniform interstate family support act 35485
contained in Chapter 3115. of the Revised Code.35486

       The juvenile judge shall be the administrator of the juvenile 35487
division and its subdivisions and departments and shall have 35488
charge of the employment, assignment, and supervision of the 35489
personnel of the juvenile division, including any necessary 35490
referees, who are engaged in handling, servicing, or investigating 35491
juvenile cases. The judge also shall designate the title, 35492
compensation, expense allowances, hours, leaves of absence, and 35493
vacation of the personnel of the division and shall fix their 35494
duties. The duties of the personnel, in addition to other 35495
statutory duties, shall include the handling, servicing, and 35496
investigation of juvenile cases and of any counseling and 35497
conciliation services that are available upon request to persons, 35498
whether or not they are parties to an action pending in the 35499
division.35500

       (J) In Trumbull county, the judges of the court of common 35501
pleas whose terms begin on January 1, 1953, and January 2, 1977, 35502
and successors, shall have the same qualifications, exercise the 35503
same powers and jurisdiction, and receive the same compensation as 35504
other judges of the court of common pleas of Trumbull county and 35505
shall be elected and designated as judges of the court of common 35506
pleas, division of domestic relations. They shall have all the 35507
powers relating to juvenile courts, and all cases under Chapters 35508
2151. and 2152. of the Revised Code, all parentage proceedings 35509
over which the juvenile court has jurisdiction, and all divorce, 35510
dissolution of marriage, legal separation, and annulment cases 35511
shall be assigned to them, except cases that for some special 35512
reason are assigned to some other judge of the court of common 35513
pleas.35514

       (K) In Butler county:35515

       (1) The judges of the court of common pleas whose terms begin 35516
on January 1, 1957, and January 4, 1993, and successors, shall 35517
have the same qualifications, exercise the same powers and 35518
jurisdiction, and receive the same compensation as other judges of 35519
the court of common pleas of Butler county and shall be elected 35520
and designated as judges of the court of common pleas, division of 35521
domestic relations. The judges of the division of domestic 35522
relations shall have assigned to them all divorce, dissolution of 35523
marriage, legal separation, and annulment cases coming before the 35524
court, except in cases that for some special reason are assigned 35525
to some other judge of the court of common pleas. The judges of 35526
the division of domestic relations also have concurrent 35527
jurisdiction with judges of the juvenile division of the court of 35528
common pleas of Butler county with respect to and may hear cases 35529
to determine the custody, support, or custody and support of a 35530
child who is born of issue of a marriage and who is not the ward 35531
of another court of this state, cases commenced by a party of the 35532
marriage to obtain an order requiring support of any child when 35533
the request for that order is not ancillary to an action for 35534
divorce, dissolution of marriage, annulment, or legal separation, 35535
a criminal or civil action involving an allegation of domestic 35536
violence, an action for support under Chapter 3115. of the Revised 35537
Code, or an action that is within the exclusive original 35538
jurisdiction of the juvenile division of the court of common pleas 35539
of Butler county and that involves an allegation that the child is 35540
an abused, neglected, or dependent child, and post-decree 35541
proceedings and matters arising from those types of cases. The 35542
judge senior in point of service shall be charged with the 35543
assignment and division of the work of the division and with the 35544
employment and supervision of all other personnel of the domestic 35545
relations division.35546

       The judge senior in point of service also shall designate the 35547
title, compensation, expense allowances, hours, leaves of absence, 35548
and vacations of the personnel of the division and shall fix their 35549
duties. The duties of the personnel, in addition to other 35550
statutory duties, shall include the handling, servicing, and 35551
investigation of divorce, dissolution of marriage, legal 35552
separation, and annulment cases and providing any counseling and 35553
conciliation services that the division makes available to 35554
persons, whether or not the persons are parties to an action 35555
pending in the division, who request the services.35556

       (2) The judges of the court of common pleas whose terms begin 35557
on January 3, 1987, and January 2, 2003, and successors, shall 35558
have the same qualifications, exercise the same powers and 35559
jurisdiction, and receive the same compensation as other judges of 35560
the court of common pleas of Butler county, shall be elected and 35561
designated as judges of the court of common pleas, juvenile 35562
division, and shall be the juvenile judges as provided in Chapters 35563
2151. and 2152. of the Revised Code, with the powers and 35564
jurisdictions conferred by those chapters. Except in cases that 35565
are subject to the exclusive original jurisdiction of the juvenile 35566
court, the judges of the juvenile division shall not have 35567
jurisdiction or the power to hear and shall not be assigned, but 35568
shall have the limited ability and authority to certify, any case 35569
commenced by a party of a marriage to determine the custody, 35570
support, or custody and support of a child who is born of issue of 35571
the marriage and who is not the ward of another court of this 35572
state when the request for the order in the case is not ancillary 35573
to an action for divorce, dissolution of marriage, annulment, or 35574
legal separation. The judge of the court of common pleas, juvenile 35575
division, who is senior in point of service, shall be the 35576
administrator of the juvenile division and its subdivisions and 35577
departments. The judge, senior in point of service, shall have 35578
charge of the employment, assignment, and supervision of the 35579
personnel of the juvenile division who are engaged in handling, 35580
servicing, or investigating juvenile cases, including any referees 35581
whom the judge considers necessary for the discharge of the 35582
judge's various duties.35583

       The judge, senior in point of service, also shall designate 35584
the title, compensation, expense allowances, hours, leaves of 35585
absence, and vacation of the personnel of the division and shall 35586
fix their duties. The duties of the personnel, in addition to 35587
other statutory duties, include the handling, servicing, and 35588
investigation of juvenile cases and providing any counseling and 35589
conciliation services that the division makes available to 35590
persons, whether or not the persons are parties to an action 35591
pending in the division, who request the services.35592

       (3) If a judge of the court of common pleas, division of 35593
domestic relations or juvenile division, is sick, absent, or 35594
unable to perform that judge's judicial duties or the volume of 35595
cases pending in the judge's division necessitates it, the duties 35596
of that judge shall be performed by the other judges of the 35597
domestic relations and juvenile divisions.35598

       (L)(1) In Cuyahoga county, the judges of the court of common 35599
pleas whose terms begin on January 8, 1961, January 9, 1961, 35600
January 18, 1975, January 19, 1975, and January 13, 1987, and 35601
successors, shall have the same qualifications, exercise the same 35602
powers and jurisdiction, and receive the same compensation as 35603
other judges of the court of common pleas of Cuyahoga county and 35604
shall be elected and designated as judges of the court of common 35605
pleas, division of domestic relations. They shall have all the 35606
powers relating to all divorce, dissolution of marriage, legal 35607
separation, and annulment cases, except in cases that are assigned 35608
to some other judge of the court of common pleas for some special 35609
reason.35610

       (2) The administrative judge is administrator of the domestic 35611
relations division and its subdivisions and departments and has 35612
the following powers concerning division personnel:35613

       (a) Full charge of the employment, assignment, and 35614
supervision;35615

       (b) Sole determination of compensation, duties, expenses, 35616
allowances, hours, leaves, and vacations.35617

       (3) "Division personnel" include persons employed or referees 35618
engaged in hearing, servicing, investigating, counseling, or 35619
conciliating divorce, dissolution of marriage, legal separation 35620
and annulment matters.35621

       (M) In Lake county:35622

       (1) The judge of the court of common pleas whose term begins 35623
on January 2, 1961, and successors, shall have the same 35624
qualifications, exercise the same powers and jurisdiction, and 35625
receive the same compensation as the other judges of the court of 35626
common pleas of Lake county and shall be elected and designated as 35627
judge of the court of common pleas, division of domestic 35628
relations. The judge shall be assigned all the divorce, 35629
dissolution of marriage, legal separation, and annulment cases 35630
coming before the court, except in cases that for some special 35631
reason are assigned to some other judge of the court of common 35632
pleas. The judge shall be charged with the assignment and division 35633
of the work of the division and with the employment and 35634
supervision of all other personnel of the domestic relations 35635
division.35636

       The judge also shall designate the title, compensation, 35637
expense allowances, hours, leaves of absence, and vacations of the 35638
personnel of the division and shall fix their duties. The duties 35639
of the personnel, in addition to other statutory duties, shall 35640
include the handling, servicing, and investigation of divorce, 35641
dissolution of marriage, legal separation, and annulment cases and 35642
providing any counseling and conciliation services that the 35643
division makes available to persons, whether or not the persons 35644
are parties to an action pending in the division, who request the 35645
services.35646

       (2) The judge of the court of common pleas whose term begins 35647
on January 4, 1979, and successors, shall have the same 35648
qualifications, exercise the same powers and jurisdiction, and 35649
receive the same compensation as other judges of the court of 35650
common pleas of Lake county, shall be elected and designated as 35651
judge of the court of common pleas, juvenile division, and shall 35652
be the juvenile judge as provided in Chapters 2151. and 2152. of 35653
the Revised Code, with the powers and jurisdictions conferred by 35654
those chapters. The judge of the court of common pleas, juvenile 35655
division, shall be the administrator of the juvenile division and 35656
its subdivisions and departments. The judge shall have charge of 35657
the employment, assignment, and supervision of the personnel of 35658
the juvenile division who are engaged in handling, servicing, or 35659
investigating juvenile cases, including any referees whom the 35660
judge considers necessary for the discharge of the judge's various 35661
duties.35662

       The judge also shall designate the title, compensation, 35663
expense allowances, hours, leaves of absence, and vacation of the 35664
personnel of the division and shall fix their duties. The duties 35665
of the personnel, in addition to other statutory duties, include 35666
the handling, servicing, and investigation of juvenile cases and 35667
providing any counseling and conciliation services that the 35668
division makes available to persons, whether or not the persons 35669
are parties to an action pending in the division, who request the 35670
services.35671

       (3) If a judge of the court of common pleas, division of 35672
domestic relations or juvenile division, is sick, absent, or 35673
unable to perform that judge's judicial duties or the volume of 35674
cases pending in the judge's division necessitates it, the duties 35675
of that judge shall be performed by the other judges of the 35676
domestic relations and juvenile divisions.35677

       (N) In Erie county:35678

       (1) The judge of the court of common pleas whose term begins 35679
on January 2, 1971, and the successors to that judge whose terms 35680
begin before January 2, 2007, shall have the same qualifications, 35681
exercise the same powers and jurisdiction, and receive the same 35682
compensation as the other judge of the court of common pleas of 35683
Erie county and shall be elected and designated as judge of the 35684
court of common pleas, division of domestic relations. The judge 35685
shall have all the powers relating to juvenile courts, and shall 35686
be assigned all cases under Chapters 2151. and 2152. of the 35687
Revised Code, parentage proceedings over which the juvenile court 35688
has jurisdiction, and divorce, dissolution of marriage, legal 35689
separation, and annulment cases, except cases that for some 35690
special reason are assigned to some other judge.35691

        On or after January 2, 2007, the judge of the court of common 35692
pleas who is elected in 2006 shall be the successor to the judge 35693
of the domestic relations division whose term expires on January 35694
1, 2007, shall be designated as judge of the court of common 35695
pleas, juvenile division, and shall be the juvenile judge as 35696
provided in Chapters 2151. and 2152. of the Revised Code with the 35697
powers and jurisdictions conferred by those chapters.35698

        (2) The judge of the court of common pleas, general division, 35699
whose term begins on January 1, 2005, and successors, the judge of 35700
the court of common pleas, general division whose term begins on 35701
January 2, 2005, and successors, and the judge of the court of 35702
common pleas, general division, whose term begins February 9, 35703
2009, and successors, shall have assigned to them, in addition to 35704
all matters that are within the jurisdiction of the general 35705
division of the court of common pleas, all divorce, dissolution of 35706
marriage, legal separation, and annulment cases coming before the 35707
court, and all matters that are within the jurisdiction of the 35708
probate court under Chapter 2101., and other provisions, of the 35709
Revised Code.35710

       (O) In Greene county:35711

       (1) The judge of the court of common pleas whose term begins 35712
on January 1, 1961, and successors, shall have the same 35713
qualifications, exercise the same powers and jurisdiction, and 35714
receive the same compensation as the other judges of the court of 35715
common pleas of Greene county and shall be elected and designated 35716
as the judge of the court of common pleas, division of domestic 35717
relations. The judge shall be assigned all divorce, dissolution of 35718
marriage, legal separation, annulment, uniform reciprocal support 35719
enforcement, and domestic violence cases and all other cases 35720
related to domestic relations, except cases that for some special 35721
reason are assigned to some other judge of the court of common 35722
pleas.35723

       The judge shall be charged with the assignment and division 35724
of the work of the division and with the employment and 35725
supervision of all other personnel of the division. The judge also 35726
shall designate the title, compensation, hours, leaves of absence, 35727
and vacations of the personnel of the division and shall fix their 35728
duties. The duties of the personnel of the division, in addition 35729
to other statutory duties, shall include the handling, servicing, 35730
and investigation of divorce, dissolution of marriage, legal 35731
separation, and annulment cases and the provision of counseling 35732
and conciliation services that the division considers necessary 35733
and makes available to persons who request the services, whether 35734
or not the persons are parties in an action pending in the 35735
division. The compensation for the personnel shall be paid from 35736
the overall court budget and shall be included in the 35737
appropriations for the existing judges of the general division of 35738
the court of common pleas.35739

       (2) The judge of the court of common pleas whose term begins 35740
on January 1, 1995, and successors, shall have the same 35741
qualifications, exercise the same powers and jurisdiction, and 35742
receive the same compensation as the other judges of the court of 35743
common pleas of Greene county, shall be elected and designated as 35744
judge of the court of common pleas, juvenile division, and, on or 35745
after January 1, 1995, shall be the juvenile judge as provided in 35746
Chapters 2151. and 2152. of the Revised Code with the powers and 35747
jurisdiction conferred by those chapters. The judge of the court 35748
of common pleas, juvenile division, shall be the administrator of 35749
the juvenile division and its subdivisions and departments. The 35750
judge shall have charge of the employment, assignment, and 35751
supervision of the personnel of the juvenile division who are 35752
engaged in handling, servicing, or investigating juvenile cases, 35753
including any referees whom the judge considers necessary for the 35754
discharge of the judge's various duties.35755

       The judge also shall designate the title, compensation, 35756
expense allowances, hours, leaves of absence, and vacation of the 35757
personnel of the division and shall fix their duties. The duties 35758
of the personnel, in addition to other statutory duties, include 35759
the handling, servicing, and investigation of juvenile cases and 35760
providing any counseling and conciliation services that the court 35761
makes available to persons, whether or not the persons are parties 35762
to an action pending in the court, who request the services.35763

       (3) If one of the judges of the court of common pleas, 35764
general division, is sick, absent, or unable to perform that 35765
judge's judicial duties or the volume of cases pending in the 35766
general division necessitates it, the duties of that judge of the 35767
general division shall be performed by the judge of the division 35768
of domestic relations and the judge of the juvenile division.35769

       (P) In Portage county, the judge of the court of common 35770
pleas, whose term begins January 2, 1987, and successors, shall 35771
have the same qualifications, exercise the same powers and 35772
jurisdiction, and receive the same compensation as the other 35773
judges of the court of common pleas of Portage county and shall be 35774
elected and designated as judge of the court of common pleas, 35775
division of domestic relations. The judge shall be assigned all 35776
divorce, dissolution of marriage, legal separation, and annulment 35777
cases coming before the court, except in cases that for some 35778
special reason are assigned to some other judge of the court of 35779
common pleas. The judge shall be charged with the assignment and 35780
division of the work of the division and with the employment and 35781
supervision of all other personnel of the domestic relations 35782
division.35783

       The judge also shall designate the title, compensation, 35784
expense allowances, hours, leaves of absence, and vacations of the 35785
personnel of the division and shall fix their duties. The duties 35786
of the personnel, in addition to other statutory duties, shall 35787
include the handling, servicing, and investigation of divorce, 35788
dissolution of marriage, legal separation, and annulment cases and 35789
providing any counseling and conciliation services that the 35790
division makes available to persons, whether or not the persons 35791
are parties to an action pending in the division, who request the 35792
services.35793

       (Q) In Clermont county, the judge of the court of common 35794
pleas, whose term begins January 2, 1987, and successors, shall 35795
have the same qualifications, exercise the same powers and 35796
jurisdiction, and receive the same compensation as the other 35797
judges of the court of common pleas of Clermont county and shall 35798
be elected and designated as judge of the court of common pleas, 35799
division of domestic relations. The judge shall be assigned all 35800
divorce, dissolution of marriage, legal separation, and annulment 35801
cases coming before the court, except in cases that for some 35802
special reason are assigned to some other judge of the court of 35803
common pleas. The judge shall be charged with the assignment and 35804
division of the work of the division and with the employment and 35805
supervision of all other personnel of the domestic relations 35806
division.35807

       The judge also shall designate the title, compensation, 35808
expense allowances, hours, leaves of absence, and vacations of the 35809
personnel of the division and shall fix their duties. The duties 35810
of the personnel, in addition to other statutory duties, shall 35811
include the handling, servicing, and investigation of divorce, 35812
dissolution of marriage, legal separation, and annulment cases and 35813
providing any counseling and conciliation services that the 35814
division makes available to persons, whether or not the persons 35815
are parties to an action pending in the division, who request the 35816
services.35817

       (R) In Warren county, the judge of the court of common pleas, 35818
whose term begins January 1, 1987, and successors, shall have the 35819
same qualifications, exercise the same powers and jurisdiction, 35820
and receive the same compensation as the other judges of the court 35821
of common pleas of Warren county and shall be elected and 35822
designated as judge of the court of common pleas, division of 35823
domestic relations. The judge shall be assigned all divorce, 35824
dissolution of marriage, legal separation, and annulment cases 35825
coming before the court, except in cases that for some special 35826
reason are assigned to some other judge of the court of common 35827
pleas. The judge shall be charged with the assignment and division 35828
of the work of the division and with the employment and 35829
supervision of all other personnel of the domestic relations 35830
division.35831

       The judge also shall designate the title, compensation, 35832
expense allowances, hours, leaves of absence, and vacations of the 35833
personnel of the division and shall fix their duties. The duties 35834
of the personnel, in addition to other statutory duties, shall 35835
include the handling, servicing, and investigation of divorce, 35836
dissolution of marriage, legal separation, and annulment cases and 35837
providing any counseling and conciliation services that the 35838
division makes available to persons, whether or not the persons 35839
are parties to an action pending in the division, who request the 35840
services.35841

       (S) In Licking county, the judges of the court of common 35842
pleas, whose terms begin on January 1, 1991, and January 1, 2005, 35843
and successors, shall have the same qualifications, exercise the 35844
same powers and jurisdiction, and receive the same compensation as 35845
the other judges of the court of common pleas of Licking county 35846
and shall be elected and designated as judges of the court of 35847
common pleas, division of domestic relations. The judges shall be 35848
assigned all divorce, dissolution of marriage, legal separation, 35849
and annulment cases, all cases arising under Chapter 3111. of the 35850
Revised Code, all proceedings involving child support, the 35851
allocation of parental rights and responsibilities for the care of 35852
children and the designation for the children of a place of 35853
residence and legal custodian, parenting time, and visitation, and 35854
all post-decree proceedings and matters arising from those cases 35855
and proceedings, except in cases that for some special reason are 35856
assigned to another judge of the court of common pleas. The 35857
administrative judge of the division of domestic relations shall 35858
be charged with the assignment and division of the work of the 35859
division and with the employment and supervision of the personnel 35860
of the division.35861

       The administrative judge of the division of domestic 35862
relations shall designate the title, compensation, expense 35863
allowances, hours, leaves of absence, and vacations of the 35864
personnel of the division and shall fix the duties of the 35865
personnel of the division. The duties of the personnel of the 35866
division, in addition to other statutory duties, shall include the 35867
handling, servicing, and investigation of divorce, dissolution of 35868
marriage, legal separation, and annulment cases, cases arising 35869
under Chapter 3111. of the Revised Code, and proceedings involving 35870
child support, the allocation of parental rights and 35871
responsibilities for the care of children and the designation for 35872
the children of a place of residence and legal custodian, 35873
parenting time, and visitation and providing any counseling and 35874
conciliation services that the division makes available to 35875
persons, whether or not the persons are parties to an action 35876
pending in the division, who request the services.35877

       (T) In Allen county, the judge of the court of common pleas, 35878
whose term begins January 1, 1993, and successors, shall have the 35879
same qualifications, exercise the same powers and jurisdiction, 35880
and receive the same compensation as the other judges of the court 35881
of common pleas of Allen county and shall be elected and 35882
designated as judge of the court of common pleas, division of 35883
domestic relations. The judge shall be assigned all divorce, 35884
dissolution of marriage, legal separation, and annulment cases, 35885
all cases arising under Chapter 3111. of the Revised Code, all 35886
proceedings involving child support, the allocation of parental 35887
rights and responsibilities for the care of children and the 35888
designation for the children of a place of residence and legal 35889
custodian, parenting time, and visitation, and all post-decree 35890
proceedings and matters arising from those cases and proceedings, 35891
except in cases that for some special reason are assigned to 35892
another judge of the court of common pleas. The judge shall be 35893
charged with the assignment and division of the work of the 35894
division and with the employment and supervision of the personnel 35895
of the division.35896

       The judge shall designate the title, compensation, expense 35897
allowances, hours, leaves of absence, and vacations of the 35898
personnel of the division and shall fix the duties of the 35899
personnel of the division. The duties of the personnel of the 35900
division, in addition to other statutory duties, shall include the 35901
handling, servicing, and investigation of divorce, dissolution of 35902
marriage, legal separation, and annulment cases, cases arising 35903
under Chapter 3111. of the Revised Code, and proceedings involving 35904
child support, the allocation of parental rights and 35905
responsibilities for the care of children and the designation for 35906
the children of a place of residence and legal custodian, 35907
parenting time, and visitation, and providing any counseling and 35908
conciliation services that the division makes available to 35909
persons, whether or not the persons are parties to an action 35910
pending in the division, who request the services.35911

       (U) In Medina county, the judge of the court of common pleas 35912
whose term begins January 1, 1995, and successors, shall have the 35913
same qualifications, exercise the same powers and jurisdiction, 35914
and receive the same compensation as other judges of the court of 35915
common pleas of Medina county and shall be elected and designated 35916
as judge of the court of common pleas, division of domestic 35917
relations. The judge shall be assigned all divorce, dissolution of 35918
marriage, legal separation, and annulment cases, all cases arising 35919
under Chapter 3111. of the Revised Code, all proceedings involving 35920
child support, the allocation of parental rights and 35921
responsibilities for the care of children and the designation for 35922
the children of a place of residence and legal custodian, 35923
parenting time, and visitation, and all post-decree proceedings 35924
and matters arising from those cases and proceedings, except in 35925
cases that for some special reason are assigned to another judge 35926
of the court of common pleas. The judge shall be charged with the 35927
assignment and division of the work of the division and with the 35928
employment and supervision of the personnel of the division.35929

       The judge shall designate the title, compensation, expense 35930
allowances, hours, leaves of absence, and vacations of the 35931
personnel of the division and shall fix the duties of the 35932
personnel of the division. The duties of the personnel, in 35933
addition to other statutory duties, include the handling, 35934
servicing, and investigation of divorce, dissolution of marriage, 35935
legal separation, and annulment cases, cases arising under Chapter 35936
3111. of the Revised Code, and proceedings involving child 35937
support, the allocation of parental rights and responsibilities 35938
for the care of children and the designation for the children of a 35939
place of residence and legal custodian, parenting time, and 35940
visitation, and providing counseling and conciliation services 35941
that the division makes available to persons, whether or not the 35942
persons are parties to an action pending in the division, who 35943
request the services.35944

       (V) In Fairfield county, the judge of the court of common 35945
pleas whose term begins January 2, 1995, and successors, shall 35946
have the same qualifications, exercise the same powers and 35947
jurisdiction, and receive the same compensation as the other 35948
judges of the court of common pleas of Fairfield county and shall 35949
be elected and designated as judge of the court of common pleas, 35950
division of domestic relations. The judge shall be assigned all 35951
divorce, dissolution of marriage, legal separation, and annulment 35952
cases, all cases arising under Chapter 3111. of the Revised Code, 35953
all proceedings involving child support, the allocation of 35954
parental rights and responsibilities for the care of children and 35955
the designation for the children of a place of residence and legal 35956
custodian, parenting time, and visitation, and all post-decree 35957
proceedings and matters arising from those cases and proceedings, 35958
except in cases that for some special reason are assigned to 35959
another judge of the court of common pleas. The judge also has 35960
concurrent jurisdiction with the probate-juvenile division of the 35961
court of common pleas of Fairfield county with respect to and may 35962
hear cases to determine the custody of a child, as defined in 35963
section 2151.011 of the Revised Code, who is not the ward of 35964
another court of this state, cases that are commenced by a parent, 35965
guardian, or custodian of a child, as defined in section 2151.011 35966
of the Revised Code, to obtain an order requiring a parent of the 35967
child to pay child support for that child when the request for 35968
that order is not ancillary to an action for divorce, dissolution 35969
of marriage, annulment, or legal separation, a criminal or civil 35970
action involving an allegation of domestic violence, an action for 35971
support under Chapter 3115. of the Revised Code, or an action that 35972
is within the exclusive original jurisdiction of the 35973
probate-juvenile division of the court of common pleas of 35974
Fairfield county and that involves an allegation that the child is 35975
an abused, neglected, or dependent child, and post-decree 35976
proceedings and matters arising from those types of cases.35977

       The judge of the domestic relations division shall be charged 35978
with the assignment and division of the work of the division and 35979
with the employment and supervision of the personnel of the 35980
division.35981

       The judge shall designate the title, compensation, expense 35982
allowances, hours, leaves of absence, and vacations of the 35983
personnel of the division and shall fix the duties of the 35984
personnel of the division. The duties of the personnel of the 35985
division, in addition to other statutory duties, shall include the 35986
handling, servicing, and investigation of divorce, dissolution of 35987
marriage, legal separation, and annulment cases, cases arising 35988
under Chapter 3111. of the Revised Code, and proceedings involving 35989
child support, the allocation of parental rights and 35990
responsibilities for the care of children and the designation for 35991
the children of a place of residence and legal custodian, 35992
parenting time, and visitation, and providing any counseling and 35993
conciliation services that the division makes available to 35994
persons, regardless of whether the persons are parties to an 35995
action pending in the division, who request the services. When the 35996
judge hears a case to determine the custody of a child, as defined 35997
in section 2151.011 of the Revised Code, who is not the ward of 35998
another court of this state or a case that is commenced by a 35999
parent, guardian, or custodian of a child, as defined in section 36000
2151.011 of the Revised Code, to obtain an order requiring a 36001
parent of the child to pay child support for that child when the 36002
request for that order is not ancillary to an action for divorce, 36003
dissolution of marriage, annulment, or legal separation, a 36004
criminal or civil action involving an allegation of domestic 36005
violence, an action for support under Chapter 3115. of the Revised 36006
Code, or an action that is within the exclusive original 36007
jurisdiction of the probate-juvenile division of the court of 36008
common pleas of Fairfield county and that involves an allegation 36009
that the child is an abused, neglected, or dependent child, the 36010
duties of the personnel of the domestic relations division also 36011
include the handling, servicing, and investigation of those types 36012
of cases.36013

       (W)(1) In Clark county, the judge of the court of common 36014
pleas whose term begins on January 2, 1995, and successors, shall 36015
have the same qualifications, exercise the same powers and 36016
jurisdiction, and receive the same compensation as other judges of 36017
the court of common pleas of Clark county and shall be elected and 36018
designated as judge of the court of common pleas, domestic 36019
relations division. The judge shall have all the powers relating 36020
to juvenile courts, and all cases under Chapters 2151. and 2152. 36021
of the Revised Code and all parentage proceedings under Chapter 36022
3111. of the Revised Code over which the juvenile court has 36023
jurisdiction shall be assigned to the judge of the division of 36024
domestic relations. All divorce, dissolution of marriage, legal 36025
separation, annulment, uniform reciprocal support enforcement, and 36026
other cases related to domestic relations shall be assigned to the 36027
domestic relations division, and the presiding judge of the court 36028
of common pleas shall assign the cases to the judge of the 36029
domestic relations division and the judges of the general 36030
division.36031

       (2) In addition to the judge's regular duties, the judge of 36032
the division of domestic relations shall serve on the children 36033
services board and the county advisory board.36034

       (3) If the judge of the court of common pleas of Clark 36035
county, division of domestic relations, is sick, absent, or unable 36036
to perform that judge's judicial duties or if the presiding judge 36037
of the court of common pleas of Clark county determines that the 36038
volume of cases pending in the division of domestic relations 36039
necessitates it, the duties of the judge of the division of 36040
domestic relations shall be performed by the judges of the general 36041
division or probate division of the court of common pleas of Clark 36042
county, as assigned for that purpose by the presiding judge of 36043
that court, and the judges so assigned shall act in conjunction 36044
with the judge of the division of domestic relations of that 36045
court.36046

       (X) In Scioto county, the judge of the court of common pleas 36047
whose term begins January 2, 1995, and successors, shall have the 36048
same qualifications, exercise the same powers and jurisdiction, 36049
and receive the same compensation as other judges of the court of 36050
common pleas of Scioto county and shall be elected and designated 36051
as judge of the court of common pleas, division of domestic 36052
relations. The judge shall be assigned all divorce, dissolution of 36053
marriage, legal separation, and annulment cases, all cases arising 36054
under Chapter 3111. of the Revised Code, all proceedings involving 36055
child support, the allocation of parental rights and 36056
responsibilities for the care of children and the designation for 36057
the children of a place of residence and legal custodian, 36058
parenting time, visitation, and all post-decree proceedings and 36059
matters arising from those cases and proceedings, except in cases 36060
that for some special reason are assigned to another judge of the 36061
court of common pleas. The judge shall be charged with the 36062
assignment and division of the work of the division and with the 36063
employment and supervision of the personnel of the division.36064

       The judge shall designate the title, compensation, expense 36065
allowances, hours, leaves of absence, and vacations of the 36066
personnel of the division and shall fix the duties of the 36067
personnel of the division. The duties of the personnel, in 36068
addition to other statutory duties, include the handling, 36069
servicing, and investigation of divorce, dissolution of marriage, 36070
legal separation, and annulment cases, cases arising under Chapter 36071
3111. of the Revised Code, and proceedings involving child 36072
support, the allocation of parental rights and responsibilities 36073
for the care of children and the designation for the children of a 36074
place of residence and legal custodian, parenting time, and 36075
visitation, and providing counseling and conciliation services 36076
that the division makes available to persons, whether or not the 36077
persons are parties to an action pending in the division, who 36078
request the services.36079

       (Y) In Auglaize county, the judge of the probate and juvenile 36080
divisions of the Auglaize county court of common pleas also shall 36081
be the administrative judge of the domestic relations division of 36082
the court and shall be assigned all divorce, dissolution of 36083
marriage, legal separation, and annulment cases coming before the 36084
court. The judge shall have all powers as administrator of the 36085
domestic relations division and shall have charge of the personnel 36086
engaged in handling, servicing, or investigating divorce, 36087
dissolution of marriage, legal separation, and annulment cases, 36088
including any referees considered necessary for the discharge of 36089
the judge's various duties.36090

       (Z)(1) In Marion county, the judge of the court of common 36091
pleas whose term begins on February 9, 1999, and the successors to 36092
that judge, shall have the same qualifications, exercise the same 36093
powers and jurisdiction, and receive the same compensation as the 36094
other judges of the court of common pleas of Marion county and 36095
shall be elected and designated as judge of the court of common 36096
pleas, domestic relations-juvenile-probate division. Except as 36097
otherwise specified in this division, that judge, and the 36098
successors to that judge, shall have all the powers relating to 36099
juvenile courts, and all cases under Chapters 2151. and 2152. of 36100
the Revised Code, all cases arising under Chapter 3111. of the 36101
Revised Code, all divorce, dissolution of marriage, legal 36102
separation, and annulment cases, all proceedings involving child 36103
support, the allocation of parental rights and responsibilities 36104
for the care of children and the designation for the children of a 36105
place of residence and legal custodian, parenting time, and 36106
visitation, and all post-decree proceedings and matters arising 36107
from those cases and proceedings shall be assigned to that judge 36108
and the successors to that judge. Except as provided in division 36109
(Z)(2) of this section and notwithstanding any other provision of 36110
any section of the Revised Code, on and after February 9, 2003, 36111
the judge of the court of common pleas of Marion county whose term 36112
begins on February 9, 1999, and the successors to that judge, 36113
shall have all the powers relating to the probate division of the 36114
court of common pleas of Marion county in addition to the powers 36115
previously specified in this division, and shall exercise 36116
concurrent jurisdiction with the judge of the probate division of 36117
that court over all matters that are within the jurisdiction of 36118
the probate division of that court under Chapter 2101., and other 36119
provisions, of the Revised Code in addition to the jurisdiction of 36120
the domestic relations-juvenile-probate division of that court 36121
otherwise specified in division (Z)(1) of this section.36122

       (2) The judge of the domestic relations-juvenile-probate 36123
division of the court of common pleas of Marion county or the 36124
judge of the probate division of the court of common pleas of 36125
Marion county, whichever of those judges is senior in total length 36126
of service on the court of common pleas of Marion county, 36127
regardless of the division or divisions of service, shall serve as 36128
the clerk of the probate division of the court of common pleas of 36129
Marion county.36130

       (3) On and after February 9, 2003, all references in law to 36131
"the probate court," "the probate judge," "the juvenile court," or 36132
"the judge of the juvenile court" shall be construed, with respect 36133
to Marion county, as being references to both "the probate 36134
division" and "the domestic relations-juvenile-probate division" 36135
and as being references to both "the judge of the probate 36136
division" and "the judge of the domestic relations- 36137
juvenile-probate division." On and after February 9, 2003, all 36138
references in law to "the clerk of the probate court" shall be 36139
construed, with respect to Marion county, as being references to 36140
the judge who is serving pursuant to division (Z)(2) of this 36141
section as the clerk of the probate division of the court of 36142
common pleas of Marion county.36143

       (AA) In Muskingum county, the judge of the court of common 36144
pleas whose term begins on January 2, 2003, and successors, shall 36145
have the same qualifications, exercise the same powers and 36146
jurisdiction, and receive the same compensation as the other 36147
judges of the court of common pleas of Muskingum county and shall 36148
be elected and designated as the judge of the court of common 36149
pleas, division of domestic relations. The judge shall be assigned 36150
all divorce, dissolution of marriage, legal separation, and 36151
annulment cases, all cases arising under Chapter 3111. of the 36152
Revised Code, all proceedings involving child support, the 36153
allocation of parental rights and responsibilities for the care of 36154
children and the designation for the children of a place of 36155
residence and legal custodian, parenting time, and visitation, and 36156
all post-decree proceedings and matters arising from those cases 36157
and proceedings, except in cases that for some special reason are 36158
assigned to another judge of the court of common pleas. The judge 36159
shall be charged with the assignment and division of the work of 36160
the division and with the employment and supervision of the 36161
personnel of the division.36162

       The judge shall designate the title, compensation, expense 36163
allowances, hours, leaves of absence, and vacations of the 36164
personnel of the division and shall fix the duties of the 36165
personnel of the division. The duties of the personnel of the 36166
division, in addition to other statutory duties, shall include the 36167
handling, servicing, and investigation of divorce, dissolution of 36168
marriage, legal separation, and annulment cases, cases arising 36169
under Chapter 3111. of the Revised Code, and proceedings involving 36170
child support, the allocation of parental rights and 36171
responsibilities for the care of children and the designation for 36172
the children of a place of residence and legal custodian, 36173
parenting time, and visitation and providing any counseling and 36174
conciliation services that the division makes available to 36175
persons, whether or not the persons are parties to an action 36176
pending in the division, who request the services.36177

       (BB) In Henry county, the judge of the court of common pleas 36178
whose term begins on January 1, 2005, and successors, shall have 36179
the same qualifications, exercise the same powers and 36180
jurisdiction, and receive the same compensation as the other judge 36181
of the court of common pleas of Henry county and shall be elected 36182
and designated as the judge of the court of common pleas, division 36183
of domestic relations. The judge shall have all of the powers 36184
relating to juvenile courts, and all cases under Chapter 2151. or 36185
2152. of the Revised Code, all parentage proceedings arising under 36186
Chapter 3111. of the Revised Code over which the juvenile court 36187
has jurisdiction, all divorce, dissolution of marriage, legal 36188
separation, and annulment cases, all proceedings involving child 36189
support, the allocation of parental rights and responsibilities 36190
for the care of children and the designation for the children of a 36191
place of residence and legal custodian, parenting time, and 36192
visitation, and all post-decree proceedings and matters arising 36193
from those cases and proceedings shall be assigned to that judge, 36194
except in cases that for some special reason are assigned to the 36195
other judge of the court of common pleas.36196

       (CC)(1) In Logan county, the judge of the court of common 36197
pleas whose term begins January 2, 2005, and the successors to 36198
that judge, shall have the same qualifications, exercise the same 36199
powers and jurisdiction, and receive the same compensation as the 36200
other judges of the court of common pleas of Logan county and 36201
shall be elected and designated as judge of the court of common 36202
pleas, domestic relations-juvenile-probate division. Except as 36203
otherwise specified in this division, that judge, and the 36204
successors to that judge, shall have all the powers relating to 36205
juvenile courts, and all cases under Chapters 2151. and 2152. of 36206
the Revised Code, all cases arising under Chapter 3111. of the 36207
Revised Code, all divorce, dissolution of marriage, legal 36208
separation, and annulment cases, all proceedings involving child 36209
support, the allocation of parental rights and responsibilities 36210
for the care of children and designation for the children of a 36211
place of residence and legal custodian, parenting time, and 36212
visitation, and all post-decree proceedings and matters arising 36213
from those cases and proceedings shall be assigned to that judge 36214
and the successors to that judge. Notwithstanding any other 36215
provision of any section of the Revised Code, on and after January 36216
2, 2005, the judge of the court of common pleas of Logan county 36217
whose term begins on January 2, 2005, and the successors to that 36218
judge, shall have all the powers relating to the probate division 36219
of the court of common pleas of Logan county in addition to the 36220
powers previously specified in this division and shall exercise 36221
concurrent jurisdiction with the judge of the probate division of 36222
that court over all matters that are within the jurisdiction of 36223
the probate division of that court under Chapter 2101., and other 36224
provisions, of the Revised Code in addition to the jurisdiction of 36225
the domestic relations-juvenile-probate division of that court 36226
otherwise specified in division (CC)(1) of this section.36227

        (2) The judge of the domestic relations-juvenile-probate 36228
division of the court of common pleas of Logan county or the 36229
probate judge of the court of common pleas of Logan county who is 36230
elected as the administrative judge of the probate division of the 36231
court of common pleas of Logan county pursuant to Rule 4 of the 36232
Rules of Superintendence shall be the clerk of the probate 36233
division and juvenile division of the court of common pleas of 36234
Logan county. The clerk of the court of common pleas who is 36235
elected pursuant to section 2303.01 of the Revised Code shall keep 36236
all of the journals, records, books, papers, and files pertaining 36237
to the domestic relations cases.36238

        (3) On and after January 2, 2005, all references in law to 36239
"the probate court," "the probate judge," "the juvenile court," or 36240
"the judge of the juvenile court" shall be construed, with respect 36241
to Logan county, as being references to both "the probate 36242
division" and the "domestic relations-juvenile-probate division" 36243
and as being references to both "the judge of the probate 36244
division" and the "judge of the domestic 36245
relations-juvenile-probate division." On and after January 2, 36246
2005, all references in law to "the clerk of the probate court" 36247
shall be construed, with respect to Logan county, as being 36248
references to the judge who is serving pursuant to division 36249
(CC)(2) of this section as the clerk of the probate division of 36250
the court of common pleas of Logan county.36251

       (DD)(1) In Champaign county, the judge of the court of common 36252
pleas whose term begins February 9, 2003, and the judge of the 36253
court of common pleas whose term begins February 10, 2009, and the 36254
successors to those judges, shall have the same qualifications, 36255
exercise the same powers and jurisdiction, and receive the same 36256
compensation as the other judges of the court of common pleas of 36257
Champaign county and shall be elected and designated as judges of 36258
the court of common pleas, domestic relations-juvenile-probate 36259
division. Except as otherwise specified in this division, those 36260
judges, and the successors to those judges, shall have all the 36261
powers relating to juvenile courts, and all cases under Chapters 36262
2151. and 2152. of the Revised Code, all cases arising under 36263
Chapter 3111. of the Revised Code, all divorce, dissolution of 36264
marriage, legal separation, and annulment cases, all proceedings 36265
involving child support, the allocation of parental rights and 36266
responsibilities for the care of children and the designation for 36267
the children of a place of residence and legal custodian, 36268
parenting time, and visitation, and all post-decree proceedings 36269
and matters arising from those cases and proceedings shall be 36270
assigned to those judges and the successors to those judges. 36271
Notwithstanding any other provision of any section of the Revised 36272
Code, on and after February 9, 2009, the judges designated by this 36273
division as judges of the court of common pleas of Champaign 36274
county, domestic relations-juvenile-probate division, and the 36275
successors to those judges, shall have all the powers relating to 36276
probate courts in addition to the powers previously specified in 36277
this division and shall exercise jurisdiction over all matters 36278
that are within the jurisdiction of probate courts under Chapter 36279
2101., and other provisions, of the Revised Code in addition to 36280
the jurisdiction of the domestic relations-juvenile-probate 36281
division otherwise specified in division (DD)(1) of this section.36282

       (2) On and after February 9, 2009, all references in law to 36283
"the probate court," "the probate judge," "the juvenile court," or 36284
"the judge of the juvenile court" shall be construed with respect 36285
to Champaign county as being references to the "domestic 36286
relations-juvenile-probate division" and as being references to 36287
the "judge of the domestic relations-juvenile-probate division." 36288
On and after February 9, 2009, all references in law to "the clerk 36289
of the probate court" shall be construed with respect to Champaign 36290
county as being references to the judge who is serving pursuant to 36291
Rule 4 of the Rules of Superintendence for the Courts of Ohio as 36292
the administrative judge of the court of common pleas, domestic 36293
relations-juvenile-probate division.36294

       (EE) If a judge of the court of common pleas, division of 36295
domestic relations, or juvenile judge, of any of the counties 36296
mentioned in this section is sick, absent, or unable to perform 36297
that judge's judicial duties or the volume of cases pending in the 36298
judge's division necessitates it, the duties of that judge shall 36299
be performed by another judge of the court of common pleas of that 36300
county, assigned for that purpose by the presiding judge of the 36301
court of common pleas of that county to act in place of or in 36302
conjunction with that judge, as the case may require.36303

       Sec. 2301.18.  The court of common pleas shall appoint a36304
steongraphic reporter as the official shorthand reporter of such36305
the court, who shall hold the appointment for a term not exceeding 36306
three years from the date thereof, unless removed by the court,36307
after a good cause shown, for neglect of duty, misconduct in 36308
office, or incompetency. SuchThe court of common pleas may 36309
appoint assistant reporters as the business of the court requires, 36310
for terms not exceeding three years under one appointment. The36311
official shorthand reporter and assistant reporters shall take an 36312
oath faithfully and impartially to discharge the duties of such 36313
positiontheir positions.36314

       Sec. 2301.20. Upon the trial of aAll civil orand criminal 36315
actionactions in the court of common pleas, if either party to 36316
the action or his attorney requests the services of a shorthand 36317
reporter, the trial judge shall grant the request, or may order a 36318
full report of the testimony or other proceedings. In either case, 36319
the shorthandshall be recorded. The reporter shall take accurate 36320
shorthand notes of, or shall electronically record, the oral 36321
testimony or other oral proceedings. The notes and electronic 36322
records shall be filed in the office of the official shorthand36323
reporter and carefully preserved for either of the following 36324
periods of time:36325

       (A) If the action is not a capital case, the notes and 36326
electronic records shall be preserved for the period of time 36327
specified by the court of common pleas, which period of time shall 36328
not be longer than the period of time that the other records of 36329
the particular action are required to be kept;.36330

       (B) If the action is a capital case, the notes and electronic 36331
records shall be preserved for the longer of ten years or until 36332
the final disposition of the action.36333

       Sec. 2301.21.  In every case reportedrecorded as provided in 36334
section 2301.20 of the Revised Code, there shall be taxed for each 36335
day's service of the official or assistant shorthand reporters a 36336
fee of twenty-five dollars, to be collected as other costs in the 36337
case. The fees so collected shall be paid quarterly by the clerk 36338
of the court of common pleas in which the cases were tried into 36339
the treasury of the county and shall be credited by the county 36340
treasurer to the general fund.36341

       Sec. 2301.22.  Each shorthand reporter shall receive such 36342
compensation as the court of common pleas making the appointment 36343
fixes. SuchThat compensation shall be in place of all per diem 36344
compensation in suchthose courts. In case suchthe appointment is 36345
for a term of less than one year, suchthe court may allow a per 36346
diem compensation to be fixed by the court, plus actual and 36347
necessary expenses incurred, for each day such shorthandthe36348
reporter is actually engaged in taking testimony or performing 36349
other duties under the orders of suchthe court, which allowance 36350
shall be in full payment for all services so rendered.36351

       The county auditor shall issue warrants on the county 36352
treasurer for the payment of suchthe compensation under this 36353
section in equal monthly installments, whenif the compensation is 36354
allowed annually, and when in case of services per diem, for the 36355
amount of the bill approved by the court, from the general fund 36356
upon the presentation of a certified copy of the journal entry of 36357
appointment and compensation of such shorthandthe reporters.36358

       Sec. 2301.23.  When shorthand notes have been taken or an 36359
electronic recording has been made in a case as provided in 36360
section 2301.20 of the Revised Code, if the court, or either party 36361
to the suit or his attorney, requests written transcripts of any 36362
portion of such notes in longhandthe proceeding, the shorthand36363
reporter reporting the case shall make full and accurate 36364
transcripts of the notes for the use of such court or partyor 36365
electronic recording. The court may direct the official shorthand36366
reporter to furnish to the court and the parties copies of 36367
decisions rendered and charges delivered by the court in pending 36368
cases.36369

       When the compensation for transcripts, copies of decisions, 36370
or charges is taxed as a part of the costs, suchthe transcripts, 36371
copies of decisions, and charges shall remain on file with the 36372
papers of the case.36373

       Sec. 2301.24.  The compensation of shorthand reporters for 36374
making written transcripts and copies as provided in section 36375
2301.23 of the Revised Code shall be fixed by the judges of the 36376
court of common pleas of the county whereinin which the trial is36377
hadheld. SuchIf more than one transcript of the same testimony 36378
or proceeding is ordered, the reporter shall make copies of the 36379
transcript at cost pursuant to division (B)(1) of section 149.43 36380
of the Revised Code, or shall provide an electronic copy of the 36381
transcript free of charge. The compensation shall be paid 36382
forthwith by the party for whose benefit a transcript is made. The 36383
compensation for transcripts of testimony requested by the 36384
prosecuting attorney during trialor an indigent defendant in 36385
criminal cases or by the trial judge, in either civil or criminal 36386
cases, and for copies of decisions and charges furnished by 36387
direction of the court shall be paid from the county treasury, and 36388
taxed and collected as costs.36389

       Sec. 2301.25.  When ordered by the prosecuting attorney or 36390
the defendant in a criminal trial,case or when ordered by a judge 36391
of the court of common pleas for his use, in either civil or 36392
criminal cases, the costs of transcripts mentioned in section 36393
2301.23 of the Revised Code, shall be taxed as costs in the case, 36394
collected as other costs, whether suchthe transcripts have been 36395
prepaid or not, as provided by section 2301.24 of the Revised 36396
Code, and paid by the clerk of the court of common pleas,36397
quarterly, into the county treasury, and credited to the general 36398
fund. If, upon final judgment, the costs or any part thereof shall 36399
beof the costs are adjudged against a defendant in a criminal 36400
case, hethe defendant shall be allowed credit on the cost bill of 36401
the amount paid by him for the transcript he ordered and, if the 36402
costs are finally adjudged against the state, the defendant shall 36403
have histhe defendant's deposit refunded. When more than one 36404
transcript of the same testimony or proceedings is ordered at the 36405
same time by the same party, or by the court, the compensation for 36406
making such additional transcript shall be one-half the 36407
compensation allowed for the first copy, and shall be paid for in 36408
the same manner except that where ordered by the same party only 36409
the cost of the original shall be taxed as costs. All such36410
transcripts shall be taken and received as prima-facie evidence of 36411
their correctness. WhenIf the testimony of witnesses is taken 36412
before the grand jury by shorthand reporters, they shall receive 36413
for suchthe transcripts as are ordered by the prosecuting 36414
attorney the same compensation per folio and be paid therefor in 36415
the same manner as provided in this section and section 2301.24 of 36416
the Revised Code.36417

       Sec. 2301.26. Shorthand reportersReporters appointed under 36418
sectionssection 2301.18 and 2301.19 of the Revised Code, may be 36419
appointed referees to take and report evidence in causes pending 36420
in any of the courts of this state. In the taking of evidence as 36421
such referees, theythe reporters may administer oaths to 36422
witnesses. They shall be furnished by the board of county 36423
commissioners with a suitable room in the courthouse, and with 36424
stationery, supplies and other equipment necessary infor the 36425
proper discharge of their duties and for the preservation of their36426
stenographic notes and electronic records. SuchThe notes and 36427
electronic records shall be the property of the county and 36428
carefully preserved in the office of the shorthand reporters.36429

       Sec. 2305.01.  Except as otherwise provided by this section 36430
or section 2305.03 of the Revised Code, the court of common pleas 36431
has original jurisdiction in all civil cases in which the sum or 36432
matter in dispute exceeds the exclusive original jurisdiction of 36433
county courts and appellate jurisdiction from the decisions of 36434
boards of county commissioners. The court of common pleas shall 36435
not have jurisdiction, in any tort action to which the amounts 36436
apply, to award punitive or exemplary damages that exceed the 36437
amounts set forth in section 2315.21 of the Revised Code. The 36438
court of common pleas shall not have jurisdiction in any tort 36439
action to which the limits apply to enter judgment on an award of 36440
compensatory damages for noneconomic loss in excess of the limits 36441
set forth in section 2315.18 of the Revised Code.36442

       The court of common pleas may on its own motion transfer for 36443
trial any action in the court to any municipal court in the county 36444
having concurrent jurisdiction of the subject matter of, and the 36445
parties to, the action, if the amount sought by the plaintiff does 36446
not exceed one thousand dollars and if the judge or presiding 36447
judge of the municipal court concurs in the proposed transfer. 36448
Upon the issuance of an order of transfer, the clerk of courts 36449
shall remove to the designated municipal court the entire case 36450
file. Any untaxed portion of the common pleas deposit for court 36451
costs shall be remitted to the municipal court by the clerk of 36452
courts to be applied in accordance with section 1901.26 of the 36453
Revised Code, and the costs taxed by the municipal court shall be 36454
added to any costs taxed in the common pleas court.36455

       The court of common pleas has jurisdiction in any action 36456
brought pursuant to division (I) of section 3733.114781.40 of the 36457
Revised Code if the residential premises that are the subject of 36458
the action are located within the territorial jurisdiction of the 36459
court.36460

       The courts of common pleas of Adams, Athens, Belmont, Brown, 36461
Clermont, Columbiana, Gallia, Hamilton, Jefferson, Lawrence, 36462
Meigs, Monroe, Scioto, and Washington counties have jurisdiction 36463
beyond the north or northwest shore of the Ohio river extending to 36464
the opposite shore line, between the extended boundary lines of 36465
any adjacent counties or adjacent state. Each of those courts of 36466
common pleas has concurrent jurisdiction on the Ohio river with 36467
any adjacent court of common pleas that borders on that river and 36468
with any court of Kentucky or of West Virginia that borders on the 36469
Ohio river and that has jurisdiction on the Ohio river under the 36470
law of Kentucky or the law of West Virginia, whichever is 36471
applicable, or under federal law.36472

       Sec. 2317.02.  The following persons shall not testify in 36473
certain respects:36474

       (A)(1) An attorney, concerning a communication made to the 36475
attorney by a client in that relation or the attorney's advice to 36476
a client, except that the attorney may testify by express consent 36477
of the client or, if the client is deceased, by the express 36478
consent of the surviving spouse or the executor or administrator 36479
of the estate of the deceased client. However, if the client 36480
voluntarily testifies or is deemed by section 2151.421 of the 36481
Revised Code to have waived any testimonial privilege under this 36482
division, the attorney may be compelled to testify on the same 36483
subject.36484

       The testimonial privilege established under this division 36485
does not apply concerning a communication between a client who has 36486
since died and the deceased client's attorney if the communication 36487
is relevant to a dispute between parties who claim through that 36488
deceased client, regardless of whether the claims are by testate 36489
or intestate succession or by inter vivos transaction, and the 36490
dispute addresses the competency of the deceased client when the 36491
deceased client executed a document that is the basis of the 36492
dispute or whether the deceased client was a victim of fraud, 36493
undue influence, or duress when the deceased client executed a 36494
document that is the basis of the dispute.36495

       (2) An attorney, concerning a communication made to the 36496
attorney by a client in that relationship or the attorney's advice 36497
to a client, except that if the client is an insurance company, 36498
the attorney may be compelled to testify, subject to an in camera 36499
inspection by a court, about communications made by the client to 36500
the attorney or by the attorney to the client that are related to 36501
the attorney's aiding or furthering an ongoing or future 36502
commission of bad faith by the client, if the party seeking 36503
disclosure of the communications has made a prima facie showing of 36504
bad faith, fraud, or criminal misconduct by the client.36505

       (B)(1) A physician or a dentist concerning a communication 36506
made to the physician or dentist by a patient in that relation or 36507
the physician's or dentist's advice to a patient, except as 36508
otherwise provided in this division, division (B)(2), and division 36509
(B)(3) of this section, and except that, if the patient is deemed 36510
by section 2151.421 of the Revised Code to have waived any 36511
testimonial privilege under this division, the physician may be 36512
compelled to testify on the same subject.36513

       The testimonial privilege established under this division 36514
does not apply, and a physician or dentist may testify or may be 36515
compelled to testify, in any of the following circumstances:36516

       (a) In any civil action, in accordance with the discovery 36517
provisions of the Rules of Civil Procedure in connection with a 36518
civil action, or in connection with a claim under Chapter 4123. of 36519
the Revised Code, under any of the following circumstances:36520

       (i) If the patient or the guardian or other legal 36521
representative of the patient gives express consent;36522

       (ii) If the patient is deceased, the spouse of the patient or 36523
the executor or administrator of the patient's estate gives 36524
express consent;36525

       (iii) If a medical claim, dental claim, chiropractic claim, 36526
or optometric claim, as defined in section 2305.113 of the Revised 36527
Code, an action for wrongful death, any other type of civil 36528
action, or a claim under Chapter 4123. of the Revised Code is 36529
filed by the patient, the personal representative of the estate of 36530
the patient if deceased, or the patient's guardian or other legal 36531
representative.36532

       (b) In any civil action concerning court-ordered treatment or 36533
services received by a patient, if the court-ordered treatment or 36534
services were ordered as part of a case plan journalized under 36535
section 2151.412 of the Revised Code or the court-ordered 36536
treatment or services are necessary or relevant to dependency, 36537
neglect, or abuse or temporary or permanent custody proceedings 36538
under Chapter 2151. of the Revised Code.36539

       (c) In any criminal action concerning any test or the results 36540
of any test that determines the presence or concentration of 36541
alcohol, a drug of abuse, a combination of them, a controlled 36542
substance, or a metabolite of a controlled substance in the 36543
patient's whole blood, blood serum or plasma, breath, urine, or 36544
other bodily substance at any time relevant to the criminal 36545
offense in question.36546

       (d) In any criminal action against a physician or dentist. In 36547
such an action, the testimonial privilege established under this 36548
division does not prohibit the admission into evidence, in 36549
accordance with the Rules of Evidence, of a patient's medical or 36550
dental records or other communications between a patient and the 36551
physician or dentist that are related to the action and obtained 36552
by subpoena, search warrant, or other lawful means. A court that 36553
permits or compels a physician or dentist to testify in such an 36554
action or permits the introduction into evidence of patient 36555
records or other communications in such an action shall require 36556
that appropriate measures be taken to ensure that the 36557
confidentiality of any patient named or otherwise identified in 36558
the records is maintained. Measures to ensure confidentiality that 36559
may be taken by the court include sealing its records or deleting 36560
specific information from its records.36561

       (e)(i) If the communication was between a patient who has 36562
since died and the deceased patient's physician or dentist, the 36563
communication is relevant to a dispute between parties who claim 36564
through that deceased patient, regardless of whether the claims 36565
are by testate or intestate succession or by inter vivos 36566
transaction, and the dispute addresses the competency of the 36567
deceased patient when the deceased patient executed a document 36568
that is the basis of the dispute or whether the deceased patient 36569
was a victim of fraud, undue influence, or duress when the 36570
deceased patient executed a document that is the basis of the 36571
dispute.36572

       (ii) If neither the spouse of a patient nor the executor or 36573
administrator of that patient's estate gives consent under 36574
division (B)(1)(a)(ii) of this section, testimony or the 36575
disclosure of the patient's medical records by a physician, 36576
dentist, or other health care provider under division (B)(1)(e)(i) 36577
of this section is a permitted use or disclosure of protected 36578
health information, as defined in 45 C.F.R. 160.103, and an 36579
authorization or opportunity to be heard shall not be required.36580

       (iii) Division (B)(1)(e)(i) of this section does not require 36581
a mental health professional to disclose psychotherapy notes, as 36582
defined in 45 C.F.R. 164.501.36583

       (iv) An interested person who objects to testimony or 36584
disclosure under division (B)(1)(e)(i) of this section may seek a 36585
protective order pursuant to Civil Rule 26.36586

       (v) A person to whom protected health information is 36587
disclosed under division (B)(1)(e)(i) of this section shall not 36588
use or disclose the protected health information for any purpose 36589
other than the litigation or proceeding for which the information 36590
was requested and shall return the protected health information to 36591
the covered entity or destroy the protected health information, 36592
including all copies made, at the conclusion of the litigation or 36593
proceeding.36594

       (2)(a) If any law enforcement officer submits a written 36595
statement to a health care provider that states that an official 36596
criminal investigation has begun regarding a specified person or 36597
that a criminal action or proceeding has been commenced against a 36598
specified person, that requests the provider to supply to the 36599
officer copies of any records the provider possesses that pertain 36600
to any test or the results of any test administered to the 36601
specified person to determine the presence or concentration of 36602
alcohol, a drug of abuse, a combination of them, a controlled 36603
substance, or a metabolite of a controlled substance in the 36604
person's whole blood, blood serum or plasma, breath, or urine at 36605
any time relevant to the criminal offense in question, and that 36606
conforms to section 2317.022 of the Revised Code, the provider, 36607
except to the extent specifically prohibited by any law of this 36608
state or of the United States, shall supply to the officer a copy 36609
of any of the requested records the provider possesses. If the 36610
health care provider does not possess any of the requested 36611
records, the provider shall give the officer a written statement 36612
that indicates that the provider does not possess any of the 36613
requested records.36614

       (b) If a health care provider possesses any records of the 36615
type described in division (B)(2)(a) of this section regarding the 36616
person in question at any time relevant to the criminal offense in 36617
question, in lieu of personally testifying as to the results of 36618
the test in question, the custodian of the records may submit a 36619
certified copy of the records, and, upon its submission, the 36620
certified copy is qualified as authentic evidence and may be 36621
admitted as evidence in accordance with the Rules of Evidence. 36622
Division (A) of section 2317.422 of the Revised Code does not 36623
apply to any certified copy of records submitted in accordance 36624
with this division. Nothing in this division shall be construed to 36625
limit the right of any party to call as a witness the person who 36626
administered the test to which the records pertain, the person 36627
under whose supervision the test was administered, the custodian 36628
of the records, the person who made the records, or the person 36629
under whose supervision the records were made.36630

       (3)(a) If the testimonial privilege described in division 36631
(B)(1) of this section does not apply as provided in division 36632
(B)(1)(a)(iii) of this section, a physician or dentist may be 36633
compelled to testify or to submit to discovery under the Rules of 36634
Civil Procedure only as to a communication made to the physician 36635
or dentist by the patient in question in that relation, or the 36636
physician's or dentist's advice to the patient in question, that 36637
related causally or historically to physical or mental injuries 36638
that are relevant to issues in the medical claim, dental claim, 36639
chiropractic claim, or optometric claim, action for wrongful 36640
death, other civil action, or claim under Chapter 4123. of the 36641
Revised Code.36642

       (b) If the testimonial privilege described in division (B)(1) 36643
of this section does not apply to a physician or dentist as 36644
provided in division (B)(1)(c) of this section, the physician or 36645
dentist, in lieu of personally testifying as to the results of the 36646
test in question, may submit a certified copy of those results, 36647
and, upon its submission, the certified copy is qualified as 36648
authentic evidence and may be admitted as evidence in accordance 36649
with the Rules of Evidence. Division (A) of section 2317.422 of 36650
the Revised Code does not apply to any certified copy of results 36651
submitted in accordance with this division. Nothing in this 36652
division shall be construed to limit the right of any party to 36653
call as a witness the person who administered the test in 36654
question, the person under whose supervision the test was 36655
administered, the custodian of the results of the test, the person 36656
who compiled the results, or the person under whose supervision 36657
the results were compiled.36658

       (4) The testimonial privilege described in division (B)(1) of 36659
this section is not waived when a communication is made by a 36660
physician to a pharmacist or when there is communication between a 36661
patient and a pharmacist in furtherance of the physician-patient 36662
relation.36663

       (5)(a) As used in divisions (B)(1) to (4) of this section, 36664
"communication" means acquiring, recording, or transmitting any 36665
information, in any manner, concerning any facts, opinions, or 36666
statements necessary to enable a physician or dentist to diagnose, 36667
treat, prescribe, or act for a patient. A "communication" may 36668
include, but is not limited to, any medical or dental, office, or 36669
hospital communication such as a record, chart, letter, 36670
memorandum, laboratory test and results, x-ray, photograph, 36671
financial statement, diagnosis, or prognosis.36672

       (b) As used in division (B)(2) of this section, "health care 36673
provider" means a hospital, ambulatory care facility, long-term 36674
care facility, pharmacy, emergency facility, or health care 36675
practitioner.36676

       (c) As used in division (B)(5)(b) of this section:36677

       (i) "Ambulatory care facility" means a facility that provides 36678
medical, diagnostic, or surgical treatment to patients who do not 36679
require hospitalization, including a dialysis center, ambulatory 36680
surgical facility, cardiac catheterization facility, diagnostic 36681
imaging center, extracorporeal shock wave lithotripsy center, home 36682
health agency, inpatient hospice, birthing center, radiation 36683
therapy center, emergency facility, and an urgent care center. 36684
"Ambulatory health care facility" does not include the private 36685
office of a physician or dentist, whether the office is for an 36686
individual or group practice.36687

       (ii) "Emergency facility" means a hospital emergency 36688
department or any other facility that provides emergency medical 36689
services.36690

       (iii) "Health care practitioner" has the same meaning as in 36691
section 4769.01 of the Revised Code.36692

       (iv) "Hospital" has the same meaning as in section 3727.01 of 36693
the Revised Code.36694

       (v) "Long-term care facility" means a nursing home, 36695
residential care facility, or home for the aging, as those terms 36696
are defined in section 3721.01 of the Revised Code; an adult care 36697
facility, as defined in section 3722.015119.70 of the Revised 36698
Code; a nursing facility or intermediate care facility for the 36699
mentally retarded, as those terms are defined in section 5111.20 36700
of the Revised Code; a facility or portion of a facility certified 36701
as a skilled nursing facility under Title XVIII of the "Social 36702
Security Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.36703

       (vi) "Pharmacy" has the same meaning as in section 4729.01 of 36704
the Revised Code.36705

       (d) As used in divisions (B)(1) and (2) of this section, 36706
"drug of abuse" has the same meaning as in section 4506.01 of the 36707
Revised Code.36708

       (6) Divisions (B)(1), (2), (3), (4), and (5) of this section 36709
apply to doctors of medicine, doctors of osteopathic medicine, 36710
doctors of podiatry, and dentists.36711

       (7) Nothing in divisions (B)(1) to (6) of this section 36712
affects, or shall be construed as affecting, the immunity from 36713
civil liability conferred by section 307.628 of the Revised Code 36714
or the immunity from civil liability conferred by section 2305.33 36715
of the Revised Code upon physicians who report an employee's use 36716
of a drug of abuse, or a condition of an employee other than one 36717
involving the use of a drug of abuse, to the employer of the 36718
employee in accordance with division (B) of that section. As used 36719
in division (B)(7) of this section, "employee," "employer," and 36720
"physician" have the same meanings as in section 2305.33 of the 36721
Revised Code.36722

       (C)(1) A cleric, when the cleric remains accountable to the 36723
authority of that cleric's church, denomination, or sect, 36724
concerning a confession made, or any information confidentially 36725
communicated, to the cleric for a religious counseling purpose in 36726
the cleric's professional character. The cleric may testify by 36727
express consent of the person making the communication, except 36728
when the disclosure of the information is in violation of a sacred 36729
trust and except that, if the person voluntarily testifies or is 36730
deemed by division (A)(4)(c) of section 2151.421 of the Revised 36731
Code to have waived any testimonial privilege under this division, 36732
the cleric may be compelled to testify on the same subject except 36733
when disclosure of the information is in violation of a sacred 36734
trust.36735

       (2) As used in division (C) of this section:36736

        (a) "Cleric" means a member of the clergy, rabbi, priest, 36737
Christian Science practitioner, or regularly ordained, accredited, 36738
or licensed minister of an established and legally cognizable 36739
church, denomination, or sect.36740

        (b) "Sacred trust" means a confession or confidential 36741
communication made to a cleric in the cleric's ecclesiastical 36742
capacity in the course of discipline enjoined by the church to 36743
which the cleric belongs, including, but not limited to, the 36744
Catholic Church, if both of the following apply:36745

        (i) The confession or confidential communication was made 36746
directly to the cleric.36747

        (ii) The confession or confidential communication was made in 36748
the manner and context that places the cleric specifically and 36749
strictly under a level of confidentiality that is considered 36750
inviolate by canon law or church doctrine.36751

       (D) Husband or wife, concerning any communication made by one 36752
to the other, or an act done by either in the presence of the 36753
other, during coverture, unless the communication was made, or act 36754
done, in the known presence or hearing of a third person competent 36755
to be a witness; and such rule is the same if the marital relation 36756
has ceased to exist;36757

       (E) A person who assigns a claim or interest, concerning any 36758
matter in respect to which the person would not, if a party, be 36759
permitted to testify;36760

       (F) A person who, if a party, would be restricted under 36761
section 2317.03 of the Revised Code, when the property or thing is 36762
sold or transferred by an executor, administrator, guardian, 36763
trustee, heir, devisee, or legatee, shall be restricted in the 36764
same manner in any action or proceeding concerning the property or 36765
thing.36766

       (G)(1) A school guidance counselor who holds a valid educator 36767
license from the state board of education as provided for in 36768
section 3319.22 of the Revised Code, a person licensed under 36769
Chapter 4757. of the Revised Code as a professional clinical 36770
counselor, professional counselor, social worker, independent 36771
social worker, marriage and family therapist or independent 36772
marriage and family therapist, or registered under Chapter 4757. 36773
of the Revised Code as a social work assistant concerning a 36774
confidential communication received from a client in that relation 36775
or the person's advice to a client unless any of the following 36776
applies:36777

       (a) The communication or advice indicates clear and present 36778
danger to the client or other persons. For the purposes of this 36779
division, cases in which there are indications of present or past 36780
child abuse or neglect of the client constitute a clear and 36781
present danger.36782

       (b) The client gives express consent to the testimony.36783

       (c) If the client is deceased, the surviving spouse or the 36784
executor or administrator of the estate of the deceased client 36785
gives express consent.36786

       (d) The client voluntarily testifies, in which case the 36787
school guidance counselor or person licensed or registered under 36788
Chapter 4757. of the Revised Code may be compelled to testify on 36789
the same subject.36790

       (e) The court in camera determines that the information 36791
communicated by the client is not germane to the counselor-client, 36792
marriage and family therapist-client, or social worker-client 36793
relationship.36794

       (f) A court, in an action brought against a school, its 36795
administration, or any of its personnel by the client, rules after 36796
an in-camera inspection that the testimony of the school guidance 36797
counselor is relevant to that action.36798

       (g) The testimony is sought in a civil action and concerns 36799
court-ordered treatment or services received by a patient as part 36800
of a case plan journalized under section 2151.412 of the Revised 36801
Code or the court-ordered treatment or services are necessary or 36802
relevant to dependency, neglect, or abuse or temporary or 36803
permanent custody proceedings under Chapter 2151. of the Revised 36804
Code.36805

       (2) Nothing in division (G)(1) of this section shall relieve 36806
a school guidance counselor or a person licensed or registered 36807
under Chapter 4757. of the Revised Code from the requirement to 36808
report information concerning child abuse or neglect under section 36809
2151.421 of the Revised Code.36810

       (H) A mediator acting under a mediation order issued under 36811
division (A) of section 3109.052 of the Revised Code or otherwise 36812
issued in any proceeding for divorce, dissolution, legal 36813
separation, annulment, or the allocation of parental rights and 36814
responsibilities for the care of children, in any action or 36815
proceeding, other than a criminal, delinquency, child abuse, child 36816
neglect, or dependent child action or proceeding, that is brought 36817
by or against either parent who takes part in mediation in 36818
accordance with the order and that pertains to the mediation 36819
process, to any information discussed or presented in the 36820
mediation process, to the allocation of parental rights and 36821
responsibilities for the care of the parents' children, or to the 36822
awarding of parenting time rights in relation to their children;36823

       (I) A communications assistant, acting within the scope of 36824
the communication assistant's authority, when providing 36825
telecommunications relay service pursuant to section 4931.06 of 36826
the Revised Code or Title II of the "Communications Act of 1934," 36827
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication 36828
made through a telecommunications relay service. Nothing in this 36829
section shall limit the obligation of a communications assistant 36830
to divulge information or testify when mandated by federal law or 36831
regulation or pursuant to subpoena in a criminal proceeding.36832

       Nothing in this section shall limit any immunity or privilege 36833
granted under federal law or regulation.36834

       (J)(1) A chiropractor in a civil proceeding concerning a 36835
communication made to the chiropractor by a patient in that 36836
relation or the chiropractor's advice to a patient, except as 36837
otherwise provided in this division. The testimonial privilege 36838
established under this division does not apply, and a chiropractor 36839
may testify or may be compelled to testify, in any civil action, 36840
in accordance with the discovery provisions of the Rules of Civil 36841
Procedure in connection with a civil action, or in connection with 36842
a claim under Chapter 4123. of the Revised Code, under any of the 36843
following circumstances:36844

       (a) If the patient or the guardian or other legal 36845
representative of the patient gives express consent.36846

       (b) If the patient is deceased, the spouse of the patient or 36847
the executor or administrator of the patient's estate gives 36848
express consent.36849

       (c) If a medical claim, dental claim, chiropractic claim, or 36850
optometric claim, as defined in section 2305.113 of the Revised 36851
Code, an action for wrongful death, any other type of civil 36852
action, or a claim under Chapter 4123. of the Revised Code is 36853
filed by the patient, the personal representative of the estate of 36854
the patient if deceased, or the patient's guardian or other legal 36855
representative.36856

       (2) If the testimonial privilege described in division (J)(1) 36857
of this section does not apply as provided in division (J)(1)(c) 36858
of this section, a chiropractor may be compelled to testify or to 36859
submit to discovery under the Rules of Civil Procedure only as to 36860
a communication made to the chiropractor by the patient in 36861
question in that relation, or the chiropractor's advice to the 36862
patient in question, that related causally or historically to 36863
physical or mental injuries that are relevant to issues in the 36864
medical claim, dental claim, chiropractic claim, or optometric 36865
claim, action for wrongful death, other civil action, or claim 36866
under Chapter 4123. of the Revised Code.36867

       (3) The testimonial privilege established under this division 36868
does not apply, and a chiropractor may testify or be compelled to 36869
testify, in any criminal action or administrative proceeding.36870

       (4) As used in this division, "communication" means 36871
acquiring, recording, or transmitting any information, in any 36872
manner, concerning any facts, opinions, or statements necessary to 36873
enable a chiropractor to diagnose, treat, or act for a patient. A 36874
communication may include, but is not limited to, any 36875
chiropractic, office, or hospital communication such as a record, 36876
chart, letter, memorandum, laboratory test and results, x-ray, 36877
photograph, financial statement, diagnosis, or prognosis.36878

       (K)(1) Except as provided under division (K)(2) of this 36879
section, a critical incident stress management team member 36880
concerning a communication received from an individual who 36881
receives crisis response services from the team member, or the 36882
team member's advice to the individual, during a debriefing 36883
session.36884

        (2) The testimonial privilege established under division 36885
(K)(1) of this section does not apply if any of the following are 36886
true:36887

        (a) The communication or advice indicates clear and present 36888
danger to the individual who receives crisis response services or 36889
to other persons. For purposes of this division, cases in which 36890
there are indications of present or past child abuse or neglect of 36891
the individual constitute a clear and present danger.36892

        (b) The individual who received crisis response services 36893
gives express consent to the testimony.36894

       (c) If the individual who received crisis response services 36895
is deceased, the surviving spouse or the executor or administrator 36896
of the estate of the deceased individual gives express consent.36897

        (d) The individual who received crisis response services 36898
voluntarily testifies, in which case the team member may be 36899
compelled to testify on the same subject.36900

        (e) The court in camera determines that the information 36901
communicated by the individual who received crisis response 36902
services is not germane to the relationship between the individual 36903
and the team member.36904

       (f) The communication or advice pertains or is related to any 36905
criminal act.36906

       (3) As used in division (K) of this section:36907

       (a) "Crisis response services" means consultation, risk 36908
assessment, referral, and on-site crisis intervention services 36909
provided by a critical incident stress management team to 36910
individuals affected by crisis or disaster.36911

       (b) "Critical incident stress management team member" or 36912
"team member" means an individual specially trained to provide 36913
crisis response services as a member of an organized community or 36914
local crisis response team that holds membership in the Ohio 36915
critical incident stress management network.36916

       (c) "Debriefing session" means a session at which crisis 36917
response services are rendered by a critical incident stress 36918
management team member during or after a crisis or disaster.36919

       (L)(1) Subject to division (L)(2) of this section and except 36920
as provided in division (L)(3) of this section, an employee 36921
assistance professional, concerning a communication made to the 36922
employee assistance professional by a client in the employee 36923
assistance professional's official capacity as an employee 36924
assistance professional.36925

        (2) Division (L)(1) of this section applies to an employee 36926
assistance professional who meets either or both of the following 36927
requirements:36928

        (a) Is certified by the employee assistance certification 36929
commission to engage in the employee assistance profession;36930

        (b) Has education, training, and experience in all of the 36931
following:36932

        (i) Providing workplace-based services designed to address 36933
employer and employee productivity issues;36934

        (ii) Providing assistance to employees and employees' 36935
dependents in identifying and finding the means to resolve 36936
personal problems that affect the employees or the employees' 36937
performance;36938

       (iii) Identifying and resolving productivity problems 36939
associated with an employee's concerns about any of the following 36940
matters: health, marriage, family, finances, substance abuse or 36941
other addiction, workplace, law, and emotional issues;36942

       (iv) Selecting and evaluating available community resources;36943

        (v) Making appropriate referrals;36944

        (vi) Local and national employee assistance agreements;36945

        (vii) Client confidentiality.36946

        (3) Division (L)(1) of this section does not apply to any of 36947
the following:36948

        (a) A criminal action or proceeding involving an offense 36949
under sections 2903.01 to 2903.06 of the Revised Code if the 36950
employee assistance professional's disclosure or testimony relates 36951
directly to the facts or immediate circumstances of the offense;36952

        (b) A communication made by a client to an employee 36953
assistance professional that reveals the contemplation or 36954
commission of a crime or serious, harmful act;36955

        (c) A communication that is made by a client who is an 36956
unemancipated minor or an adult adjudicated to be incompetent and 36957
indicates that the client was the victim of a crime or abuse;36958

       (d) A civil proceeding to determine an individual's mental 36959
competency or a criminal action in which a plea of not guilty by 36960
reason of insanity is entered;36961

        (e) A civil or criminal malpractice action brought against 36962
the employee assistance professional;36963

        (f) When the employee assistance professional has the express 36964
consent of the client or, if the client is deceased or disabled, 36965
the client's legal representative;36966

        (g) When the testimonial privilege otherwise provided by 36967
division (L)(1) of this section is abrogated under law.36968

       Sec. 2317.422.  (A) Notwithstanding sections 2317.40 and 36969
2317.41 of the Revised Code but subject to division (B) of this 36970
section, the records, or copies or photographs of the records, of 36971
a hospital, homes required to be licensed pursuant to section 36972
3721.01 of the Revised Code, and adult care facilities required to 36973
be licensed pursuant to Chapter 3722.5119. of the Revised Code, 36974
in lieu of the testimony in open court of their custodian, person 36975
who made them, or person under whose supervision they were made, 36976
may be qualified as authentic evidence if any such person endorses 36977
thereon the person's verified certification identifying such 36978
records, giving the mode and time of their preparation, and 36979
stating that they were prepared in the usual course of the 36980
business of the institution. Such records, copies, or photographs 36981
may not be qualified by certification as provided in this section 36982
unless the party intending to offer them delivers a copy of them, 36983
or of their relevant portions, to the attorney of record for each 36984
adverse party not less than five days before trial. Nothing in 36985
this section shall be construed to limit the right of any party to 36986
call the custodian, person who made such records, or person under 36987
whose supervision they were made, as a witness.36988

       (B) Division (A) of this section does not apply to any 36989
certified copy of the results of any test given to determine the 36990
presence or concentration of alcohol, a drug of abuse, a 36991
combination of them, a controlled substance, or a metabolite of a 36992
controlled substance in a patient's whole blood, blood serum or 36993
plasma, breath, or urine at any time relevant to a criminal 36994
offense that is submitted in a criminal action or proceeding in 36995
accordance with division (B)(2)(b) or (B)(3)(b) of section 2317.02 36996
of the Revised Code.36997

       Sec. 2319.27.  Except as section 147.08 of the Revised Code 36998
governs the fees chargeable by a notary public for services 36999
rendered in connection with depositions, the fees and expenses 37000
chargeable for the taking and certifying of a deposition by a 37001
person who is authorized to do so in this state, including, but 37002
not limited to, a shorthand reporter, stenographer, or person 37003
described in Civil Rule 28, may be established by that person 37004
subject to the qualification specified in this section, and may be 37005
different than the fees and expenses charged for the taking and 37006
certifying of depositions by similar persons in other areas of 37007
this state. Unless, prior to the taking and certifying of a 37008
deposition, the parties who request it agree that the fees or 37009
expenses to be charged may exceed the usual and customary fees or 37010
expenses charged in the particular community for similar services, 37011
such a person shall not charge fees or expenses in connection with 37012
the taking and certifying of the deposition that exceed those 37013
usual and customary fees and expenses.37014

       The person taking and certifying a deposition may retain the 37015
deposition until the fees and expenses that hethe person charged 37016
are paid. HeThe person also shall tax the costs, if any, of a 37017
sheriff or other officer who serves any process in connection with 37018
the taking of a deposition and the fees of the witnesses, and, if 37019
directed by a person entitled to those costs or fees, may retain 37020
the deposition until those costs or fees are paid.37021

       Sec. 2329.26.  (A) Lands and tenements taken in execution 37022
shall not be sold until all of the following occur:37023

       (1)(a) Except as otherwise provided in division (A)(1)(b) of 37024
this section, the judgment creditor who seeks the sale of the 37025
lands and tenements or the judgment creditor's attorney does both 37026
of the following:37027

       (i) Causes a written notice of the date, time, and place of 37028
the sale to be served in accordance with divisions (A) and (B) of 37029
Civil Rule 5 upon the judgment debtor and upon each other party to 37030
the action in which the judgment giving rise to the execution was 37031
rendered;37032

       (ii) At least seven calendar days prior to the date of the 37033
sale, files with the clerk of the court that rendered the judgment 37034
giving rise to the execution a copy of the written notice 37035
described in division (A)(1)(a)(i) of this section with proof of 37036
service endorsed on the copy in the form described in division (D) 37037
of Civil Rule 5.37038

       (b) Service of the written notice described in division 37039
(A)(1)(a)(i) of this section is not required to be made upon any 37040
party who is in default for failure to appear in the action in 37041
which the judgment giving rise to the execution was rendered.37042

       (2) The officer taking the lands and tenements gives public 37043
notice of the date, time, and place of the sale for at least three 37044
weeks before the day of sale by advertisement in a newspaper37045
published in and of general circulation in the county. The 37046
newspaper shall meet the requirements of section 7.12 of the 37047
Revised Code. The court ordering the sale may designate in the 37048
order of sale the newspaper in which this public notice shall be 37049
published, and this public notice is subject to division (A) of 37050
section 2329.27 of the Revised Code.37051

       (3) The officer taking the lands and tenements shall collect 37052
the purchaser's information required by section 2329.271 of the 37053
Revised Code.37054

       (B) A sale of lands and tenements taken in execution may be 37055
set aside in accordance with division (A) or (B) of section 37056
2329.27 of the Revised Code.37057

       Sec. 2335.05.  In all cases or proceedings not specified in 37058
sections 2335.06 and 2335.08 of the Revised Code, except as 37059
otherwise provided in section 2335.061 of the Revised Code, each 37060
person subpoenaed as a witness shall be allowed one dollar for 37061
each day's attendance and the mileage allowed in courts of record. 37062
WhenIf not subpoenaed each person called upon to testify in a 37063
case or proceeding shall receive twenty-five cents. Such fee shall 37064
be taxed in the bill of costs, and if incurred in a state or 37065
ordinance case, or in a proceeding before a public officer, board, 37066
or commission, the fee shall be paid out of the proper public 37067
treasury, upon the certificate of the court, officer, board, or 37068
commission conducting the proceeding.37069

       Sec. 2335.06. Each(A) Except as otherwise provided in 37070
section 2335.061 of the Revised Code, each witness in civil cases 37071
shall receive the following fees:37072

       (A)(1) Twelve dollars for each full day's attendance and six 37073
dollars for each half day's attendance at a court of record, 37074
mayor's court, or before a person authorized to take depositions, 37075
to be taxed in the bill of costs. Each witness shall also receive 37076
reimbursement for each mile necessarily traveled to and from the 37077
witness's place of residence to the place of giving testimony, to 37078
be taxed in the bill of costs. The board of county commissioners 37079
of each county shall set the reimbursement rate for each mile 37080
necessarily traveled by a witness in a civil case in the common 37081
pleas court, any division of the common pleas court, a county 37082
court, or a county-operated municipal court. The rate shall not 37083
exceed fifty and one-half cents for each mile. 37084

       (B)(2) For attending a coroner's inquest, the same fees and 37085
mileage provided by division (A)(1) of this section, payable from 37086
the county treasury on the certificate of the coroner.37087

       (C)(B) As used in this section, "full day's attendance" means 37088
a day on which a witness is required or requested to be present at 37089
proceedings before and after twelve noon regardless of whether the 37090
witness actually testifies; "half day's attendance" means a day on 37091
which a witness is required or requested to be present at 37092
proceedings either before or after twelve noon, but not both, 37093
regardless of whether the witness actually testifies.37094

       Sec. 2335.061. (A) As used in this section:37095

       (1) "Coroner" has the same meaning as in section 313.01 of 37096
the Revised Code, and includes the following:37097

       (a) The coroner of a county other than a county in which the 37098
death occurred or the dead human body was found if the coroner of 37099
that other county performed services for the county in which the 37100
death occurred or the dead human body was found;37101

       (b) A medical examiner appointed by the governing authority 37102
of a county to perform the duties of a coroner set forth in 37103
Chapter 313. of the Revised Code.37104

       (2) "Deposition fee" means the amount derived by multiplying 37105
the hourly rate by the number of hours a coroner or deputy coroner 37106
spent preparing for and giving expert testimony at a deposition in 37107
a civil action pursuant to this section.37108

       (3) "Deputy coroner" means a pathologist serving as a deputy 37109
coroner.37110

       (4) "Expert testimony" means testimony given by a coroner or 37111
deputy coroner as an expert witness pursuant to this section and 37112
the Rules of Evidence.37113

       (5) "Fact testimony" means testimony given by a coroner or 37114
deputy coroner regarding the performance of the duties of the 37115
coroner as set forth in Chapter 313. of the Revised Code. "Fact 37116
testimony" does not include expert testimony.37117

       (6) "Hourly rate" means the compensation established in 37118
sections 325.15 and 325.18 of the Revised Code for a coroner 37119
without a private practice of medicine at the class 8 level for 37120
calendar year 2001 and thereafter, divided by two thousand eighty.37121

       (7) "Testimonial fee" means the amount derived by multiplying 37122
the hourly rate by six and multiplying the product by the number 37123
of hours that a coroner or deputy coroner spent preparing for and 37124
giving expert testimony at a trial or hearing in a civil action 37125
pursuant to this section.37126

       (B)(1) A party may subpoena a coroner or deputy coroner to 37127
give expert testimony at a trial, hearing, or deposition in a 37128
civil action only upon filing with the court a notice that 37129
includes all of the following:37130

       (a) The name of the coroner or deputy coroner whose testimony 37131
is sought;37132

       (b) A brief statement of the issues upon which the party 37133
seeks expert testimony from the coroner or deputy coroner;37134

       (c) An acknowledgment by the party that the giving of expert 37135
testimony by the coroner or deputy coroner at the trial, hearing, 37136
or deposition is governed by this section and that the party will 37137
comply with all of the requirements of this section;37138

       (d) A statement of the obligations of the coroner or deputy 37139
coroner under division (C) of this section.37140

       (2) The notice under division (B)(1) of this section shall be 37141
served together with the subpoena.37142

       (C) A party that obtains the expert testimony of a coroner or 37143
deputy coroner at a trial, hearing, or deposition in a civil 37144
action pursuant to division (B) or (D) of this section shall pay 37145
to the treasury of the county in which the coroner or deputy 37146
coroner holds office or is appointed or employed a testimonial fee 37147
or deposition fee, whichever is applicable, within thirty days 37148
after receiving the statement described in this division. Upon the 37149
conclusion of the coroner's or deputy coroner's expert testimony, 37150
the coroner or deputy coroner shall file a statement with the 37151
court on behalf of the county in which the coroner or deputy 37152
coroner holds office or is appointed or employed showing the fee 37153
due and how the coroner or deputy coroner calculated the fee. The 37154
coroner or deputy coroner shall serve a copy of the statement on 37155
each of the parties.37156

       (D) For good cause shown, the court may permit a coroner or 37157
deputy coroner who has not been served with a subpoena under 37158
division (B) of this section to give expert testimony at a trial, 37159
hearing, or deposition in a civil action. Unless good cause is 37160
shown, the failure of a party to file with the court the notice 37161
described in division (B)(1) of this section prohibits the party 37162
from having a coroner or deputy coroner subpoenaed to give expert 37163
testimony at a trial, hearing, or deposition in a civil action or 37164
from otherwise calling the coroner or a deputy coroner to give 37165
expert testimony at a trial, hearing, or deposition in a civil 37166
action.37167

       (E) In the event of a dispute as to the contents of the 37168
notice filed by a party under division (B) of this section or as 37169
to the nature of the testimony sought from or given by a coroner 37170
or a deputy coroner at a trial, hearing, or deposition in a civil 37171
action, the court shall determine whether the testimony sought 37172
from or given by the coroner or deputy coroner is expert testimony 37173
or fact testimony. In making this determination, the court shall 37174
consider all of the following:37175

       (1) The definitions of "expert testimony" and "fact 37176
testimony" set forth in this section;37177

       (2) All applicable rules of evidence;37178

       (3) Any other information that the court considers relevant.37179

       (F) Nothing in this section shall be construed to alter, 37180
amend, or supersede the requirements of the Rules of Civil 37181
Procedure or the Rules of Evidence.37182

       Sec. 2501.16.  (A) Each court of appeals may appoint one or 37183
more official shorthand reporters, law clerks, secretaries, and 37184
any other employees that the court considers necessary for its 37185
efficient operation.37186

       The clerk of the court of common pleas, acting as the clerk 37187
of the court of appeals for the county, shall perform the duties 37188
otherwise performed and collect the fees otherwise collected by 37189
the clerk of the court of common pleas, as set forth in section 37190
2303.03 of the Revised Code, and shall maintain the files and 37191
records of the court. The clerk of the court of common pleas, 37192
acting as the clerk of the court of appeals for the county, may 37193
refuse to accept for filing any pleading or paper submitted for 37194
filing by a person who has been found to be a vexatious litigator 37195
under section 2323.52 of the Revised Code and who has failed to 37196
obtain leave from the court of appeals to proceed under that 37197
section. The overhead expenses pertaining to the office of the 37198
clerk of the court of common pleas that result from the clerk's 37199
acting as clerk of the court of appeals for the county, other than 37200
wages and salaries, shall be paid from the funds provided under 37201
sections 2501.18 and 2501.181 of the Revised Code.37202

       Each officer and employee appointed pursuant to this section 37203
shall take an oath of office, serve at the pleasure of the court, 37204
and perform any duties that the court directs. Each shorthand37205
reporter shall have the powers that are vested in official37206
shorthand reporters of the court of common pleas under sections 37207
2301.18 to 2301.26 of the Revised Code. Whenever an opinion, per 37208
curiam, or report of a case has been prepared in accordance with 37209
section 2503.20 of the Revised Code, the official shorthand37210
reporter immediately shall forward one copy of the opinion, per 37211
curiam, or report to the reporter of the supreme court, without 37212
expense to the reporter.37213

       (B) The court of appeals may determine that, for the 37214
efficient operation of the court, additional funds are necessary 37215
to acquire and pay for special projects of the court, including, 37216
but not limited to, the acquisition of additional facilities or 37217
the rehabilitation of existing facilities, the acquisition of 37218
equipment, the hiring and training of staff, the employment of 37219
magistrates, the training and education of judges, acting judges, 37220
and magistrates, community service programs, and other related 37221
services. Upon that determination, the court by rule may charge a 37222
fee, in addition to all other court costs, on the filing of each 37223
case or cause over which the court has jurisdiction.37224

       If the court of appeals offers a special program or service 37225
in cases of a specific type, the court by rule may assess an 37226
additional charge in a case of that type, over and above court 37227
costs, to cover the special program or service. The court shall 37228
adjust the special assessment periodically, but not retroactively, 37229
so that the amount assessed in those cases does not exceed the 37230
actual cost of providing the service or program.37231

       All moneys collected under division (B) of this section shall 37232
be paid to the county treasurer of the county selected as the 37233
principal seat of that court of appeals for deposit into either a 37234
general special projects fund or a fund established for a specific 37235
special project. Moneys from a fund of that nature shall be 37236
disbursed upon an order of the court in an amount no greater than 37237
the actual cost to the court of a project. If a specific fund is 37238
terminated because of the discontinuance of a program or service 37239
established under division (B) of this section, the court may 37240
order that moneys remaining in the fund be transferred to an 37241
account established under this division for a similar purpose.37242

       Sec. 2501.17.  Each officer and employee of a court of 37243
appeals appointed under section 2501.16 of the Revised Code shall 37244
receive the compensation that is fixed by the court of appeals and 37245
payable from the state treasury upon the certificate of the 37246
presiding or administrative judge of the district in which the 37247
officer or employee serves. The additional amount of compensation 37248
that the clerk of the court of common pleas receives for acting as 37249
the clerk of the court of appeals in histhe clerk's county and 37250
assuming the duties of that office and that is equal to one-eighth 37251
of the annual compensation that hethe clerk receives pursuant to 37252
sections 325.08 and 325.18 of the Revised Code for being the clerk 37253
of the court of common pleas is payable from the state treasury 37254
upon the certificate of the presiding or administrative judge of 37255
the district in which the clerk serves.37256

       Shorthand reportersReporters may receive additional 37257
compensation for transcripts of evidence, the fee for the 37258
transcripts to be fixed by the judges of the court of appeals and 37259
paid and collected in the same manner as the fees for transcripts 37260
furnished by official shorthand reporters of the court of common 37261
pleas under section 2301.24 of the Revised Code. Shorthand 37262
reportersReporters appointed for a term of less than one year 37263
shall receive a per diem compensation of not less than thirty 37264
dollars per day. All shorthand reporters shall receive their 37265
actual expenses for traveling when attending court in any county 37266
other than that in which they reside, to be paid as provided by 37267
section 2301.242301.22 of the Revised Code.37268

       Sec. 2743.09.  The clerk of the court of claims shall do all 37269
of the following:37270

       (A) Administer oaths and take and certify affidavits, 37271
depositions, and acknowledgments of powers of attorney and other 37272
instruments in writing;37273

       (B) Prepare the dockets, enter and record the orders, 37274
judgments, decisions, awards, and proceedings of the court of 37275
claims and the court of claims commissioners, and issue writs and 37276
process;37277

       (C) Maintain an office in Franklin county in rooms provided 37278
by the supreme court for that purpose;37279

       (D) Keep an appearance docket of civil actions, claims for an 37280
award of reparations, and appeals from decisions of the court of 37281
claims commissioners. The clerk may refuse to accept for filing 37282
any pleading or paper that relates to a civil action in the court 37283
of claims and that is submitted for filing by a person who has 37284
been found to be a vexatious litigator under section 2323.52 of 37285
the Revised Code and who has failed to obtain leave to proceed 37286
under that section.37287

       Upon the commencement of an action or claim, the clerk shall 37288
assign it a number. This number shall be placed on the first page, 37289
and every continuation page, of the appearance docket that 37290
concerns the particular action or claim. In addition, this number 37291
and the names of the parties shall be placed on the case file, and 37292
every paper filed in the action or claim.37293

       At the time the action is commenced the clerk shall enter in 37294
the appearance docket the names of the parties in full and the 37295
names of counsel and shall index the action alphabetically by the 37296
last name of each party. Thereafter, the clerk shall 37297
chronologically note in the appearance docket all process issued 37298
and returns, pleas, motions, papers filed in the action, orders, 37299
verdicts, and judgments. The notations shall be brief but shall 37300
show the date of filing, substance, and journal volume and page of 37301
each order, verdict, and judgment. An action is commenced for 37302
purposes of this division by the filing of a complaint, including 37303
a form complaint under section 2743.10 of the Revised Code or a 37304
petition for removal.37305

       At the time an appeal for an award of reparations is 37306
commenced, the clerk shall enter the full names of the claimant, 37307
the victim, and the attorneys in the appearance docket and shall 37308
index the claim alphabetically by the last name of the claimant 37309
and the victim. Thereafter, the clerk shall chronologically note 37310
in the appearance docket all process issued and returns, motions, 37311
papers filed in the claim, orders, decisions, and awards. The 37312
notations shall be brief but shall show the date of filing, 37313
substance, and journal volume and page of each order. 37314

       (E) Keep all original papers filed in an action or claim in a 37315
separate file folder and a journal in which all orders, verdicts, 37316
and judgments of the court and commissioners shall be recorded;37317

       (F) Charge and collect fees pursuant to section 2303.20 of 37318
the Revised Code, keep a cashbook in which the clerk shall enter 37319
the amounts received, make a report to the clerk of the supreme 37320
court each quarter of the fees received during the preceding 37321
quarter, and pay them monthly into the state treasury;37322

       (G) Appoint stenographers, shorthand reporters, and other 37323
clerical personnel;37324

       (H) Under the direction of the chief justice, establish 37325
procedures for hearing and determining appeals for an award of 37326
reparations pursuant to sections 2743.51 to 2743.72 of the Revised 37327
Code.37328

       Sec. 2744.05.  Notwithstanding any other provisions of the 37329
Revised Code or rules of a court to the contrary, in an action 37330
against a political subdivision to recover damages for injury, 37331
death, or loss to person or property caused by an act or omission 37332
in connection with a governmental or proprietary function:37333

       (A) Punitive or exemplary damages shall not be awarded.37334

       (B)(1) If a claimant receives or is entitled to receive 37335
benefits for injuries or loss allegedly incurred from a policy or 37336
policies of insurance or any other source, the benefits shall be 37337
disclosed to the court, and the amount of the benefits shall be 37338
deducted from any award against a political subdivision recovered 37339
by that claimant. No insurer or other person is entitled to bring 37340
an action under a subrogation provision in an insurance or other 37341
contract against a political subdivision with respect to those 37342
benefits.37343

       The amount of the benefits shall be deducted from an award 37344
against a political subdivision under division (B)(1) of this 37345
section regardless of whether the claimant may be under an 37346
obligation to pay back the benefits upon recovery, in whole or in 37347
part, for the claim. A claimant whose benefits have been deducted 37348
from an award under division (B)(1) of this section is not 37349
considered fully compensated and shall not be required to 37350
reimburse a subrogated claim for benefits deducted from an award 37351
pursuant to division (B)(1) of this section.37352

       (2) Nothing in division (B)(1) of this section shall be 37353
construed to do either of the following:37354

       (a) Limit the rights of a beneficiary under a life insurance 37355
policy or the rights of sureties under fidelity or surety bonds;37356

       (b) Prohibit the department of job and family services from 37357
recovering from the political subdivision, pursuant to section 37358
5101.58 of the Revised Code, the cost of medical assistance 37359
benefits provided under sections 5101.5211 to 5101.5216 or Chapter 37360
5107., or 5111. of the Revised Code.37361

       (C)(1) There shall not be any limitation on compensatory 37362
damages that represent the actual loss of the person who is 37363
awarded the damages. However, except in wrongful death actions 37364
brought pursuant to Chapter 2125. of the Revised Code, damages 37365
that arise from the same cause of action, transaction or 37366
occurrence, or series of transactions or occurrences and that do 37367
not represent the actual loss of the person who is awarded the 37368
damages shall not exceed two hundred fifty thousand dollars in 37369
favor of any one person. The limitation on damages that do not 37370
represent the actual loss of the person who is awarded the damages 37371
provided in this division does not apply to court costs that are 37372
awarded to a plaintiff, or to interest on a judgment rendered in 37373
favor of a plaintiff, in an action against a political 37374
subdivision.37375

       (2) As used in this division, "the actual loss of the person 37376
who is awarded the damages" includes all of the following:37377

       (a) All wages, salaries, or other compensation lost by the 37378
person injured as a result of the injury, including wages, 37379
salaries, or other compensation lost as of the date of a judgment 37380
and future expected lost earnings of the person injured;37381

       (b) All expenditures of the person injured or another person 37382
on behalf of the person injured for medical care or treatment, for 37383
rehabilitation services, or for other care, treatment, services, 37384
products, or accommodations that were necessary because of the 37385
injury;37386

       (c) All expenditures to be incurred in the future, as 37387
determined by the court, by the person injured or another person 37388
on behalf of the person injured for medical care or treatment, for 37389
rehabilitation services, or for other care, treatment, services, 37390
products, or accommodations that will be necessary because of the 37391
injury;37392

       (d) All expenditures of a person whose property was injured 37393
or destroyed or of another person on behalf of the person whose 37394
property was injured or destroyed in order to repair or replace 37395
the property that was injured or destroyed;37396

       (e) All expenditures of the person injured or of the person 37397
whose property was injured or destroyed or of another person on 37398
behalf of the person injured or of the person whose property was 37399
injured or destroyed in relation to the actual preparation or 37400
presentation of the claim involved;37401

       (f) Any other expenditures of the person injured or of the 37402
person whose property was injured or destroyed or of another 37403
person on behalf of the person injured or of the person whose 37404
property was injured or destroyed that the court determines 37405
represent an actual loss experienced because of the personal or 37406
property injury or property loss.37407

       "The actual loss of the person who is awarded the damages" 37408
does not include any fees paid or owed to an attorney for any 37409
services rendered in relation to a personal or property injury or 37410
property loss, and does not include any damages awarded for pain 37411
and suffering, for the loss of society, consortium, companionship, 37412
care, assistance, attention, protection, advice, guidance, 37413
counsel, instruction, training, or education of the person 37414
injured, for mental anguish, or for any other intangible loss.37415

       Sec. 2903.33.  As used in sections 2903.33 to 2903.36 of the 37416
Revised Code:37417

       (A) "Care facility" means any of the following:37418

       (1) Any "home" as defined in section 3721.10 or 5111.20 of 37419
the Revised Code;37420

       (2) Any "residential facility" as defined in section 5123.19 37421
of the Revised Code;37422

       (3) Any institution or facility operated or provided by the 37423
department of mental health or by the department of developmental 37424
disabilities pursuant to sections 5119.02 and 5123.03 of the 37425
Revised Code;37426

       (4) Any "residential facility" as defined in section 5119.22 37427
of the Revised Code;37428

       (5) Any unit of any hospital, as defined in section 3701.01 37429
of the Revised Code, that provides the same services as a nursing 37430
home, as defined in section 3721.01 of the Revised Code;37431

       (6) Any institution, residence, or facility that provides, 37432
for a period of more than twenty-four hours, whether for a 37433
consideration or not, accommodations to one individual or two 37434
unrelated individuals who are dependent upon the services of 37435
others;37436

       (7) Any "adult care facility" as defined in section 3722.0137437
5119.70 of the Revised Code;37438

       (8) Any adult foster home certified by the department of 37439
aging or its designee under section 173.365119.692 of the Revised 37440
Code.37441

       (B) "Abuse" means knowingly causing physical harm or 37442
recklessly causing serious physical harm to a person by physical 37443
contact with the person or by the inappropriate use of a physical 37444
or chemical restraint, medication, or isolation on the person.37445

       (C)(1) "Gross neglect" means knowingly failing to provide a 37446
person with any treatment, care, goods, or service that is 37447
necessary to maintain the health or safety of the person when the 37448
failure results in physical harm or serious physical harm to the 37449
person.37450

       (2) "Neglect" means recklessly failing to provide a person 37451
with any treatment, care, goods, or service that is necessary to 37452
maintain the health or safety of the person when the failure 37453
results in serious physical harm to the person.37454

       (D) "Inappropriate use of a physical or chemical restraint, 37455
medication, or isolation" means the use of physical or chemical 37456
restraint, medication, or isolation as punishment, for staff 37457
convenience, excessively, as a substitute for treatment, or in 37458
quantities that preclude habilitation and treatment.37459

       Sec. 2919.271.  (A)(1)(a) If a defendant is charged with a 37460
violation of section 2919.27 of the Revised Code or of a municipal 37461
ordinance that is substantially similar to that section, the court 37462
may order an evaluation of the mental condition of the defendant 37463
if the court determines that either of the following criteria 37464
apply:37465

       (i) If the alleged violation is a violation of a protection 37466
order issued or consent agreement approved pursuant to section 37467
2919.26 or 3113.31 of the Revised Code, that the violation 37468
allegedly involves conduct by the defendant that caused physical 37469
harm to the person or property of a family or household member 37470
covered by the order or agreement, or conduct by the defendant 37471
that caused a family or household member to believe that the 37472
defendant would cause physical harm to that member or that 37473
member's property.37474

       (ii) If the alleged violation is a violation of a protection 37475
order issued pursuant to section 2903.213 or 2903.214 of the 37476
Revised Code or a protection order issued by a court of another 37477
state, that the violation allegedly involves conduct by the 37478
defendant that caused physical harm to the person or property of 37479
the person covered by the order, or conduct by the defendant that 37480
caused the person covered by the order to believe that the 37481
defendant would cause physical harm to that person or that 37482
person's property.37483

       (b) If a defendant is charged with a violation of section 37484
2903.211 of the Revised Code or of a municipal ordinance that is 37485
substantially similar to that section, the court may order an 37486
evaluation of the mental condition of the defendant.37487

       (2) An evaluation ordered under division (A)(1) of this 37488
section shall be completed no later than thirty days from the date 37489
the order is entered pursuant to that division. In that order, the 37490
court shall do either of the following:37491

       (a) Order that the evaluation of the mental condition of the 37492
defendant be preceded by an examination conducted either by a 37493
forensic center that is designated by the department of mental 37494
health to conduct examinations and make evaluations of defendants 37495
charged with violations of section 2903.211 or 2919.27 of the 37496
Revised Code or of substantially similar municipal ordinances in 37497
the area in which the court is located, or by any other program or 37498
facility that is designated by the department of mental health or 37499
the department of developmental disabilities to conduct 37500
examinations and make evaluations of defendants charged with 37501
violations of section 2903.211 or 2919.27 of the Revised Code or 37502
of substantially similar municipal ordinances, and that is 37503
operated by either department or is certified by either department 37504
as being in compliance with the standards established under 37505
division (I)(H) of section 5119.01 of the Revised Code or division 37506
(C) of section 5123.04 of the Revised Code.37507

       (b) Designate a center, program, or facility other than one 37508
designated by the department of mental health or the department of 37509
developmental disabilities, as described in division (A)(2)(a) of 37510
this section, to conduct the evaluation and preceding examination 37511
of the mental condition of the defendant.37512

       Whether the court acts pursuant to division (A)(2)(a) or (b) 37513
of this section, the court may designate examiners other than the 37514
personnel of the center, program, facility, or department involved 37515
to make the evaluation and preceding examination of the mental 37516
condition of the defendant.37517

       (B) If the court considers that additional evaluations of the 37518
mental condition of a defendant are necessary following the 37519
evaluation authorized by division (A) of this section, the court 37520
may order up to two additional similar evaluations. These 37521
evaluations shall be completed no later than thirty days from the 37522
date the applicable court order is entered. If more than one 37523
evaluation of the mental condition of the defendant is ordered 37524
under this division, the prosecutor and the defendant may 37525
recommend to the court an examiner whom each prefers to perform 37526
one of the evaluations and preceding examinations.37527

       (C)(1) The court may order a defendant who has been released 37528
on bail to submit to an examination under division (A) or (B) of 37529
this section. The examination shall be conducted either at the 37530
detention facility in which the defendant would have been confined 37531
if the defendant had not been released on bail, or, if so 37532
specified by the center, program, facility, or examiners involved, 37533
at the premises of the center, program, or facility. Additionally, 37534
the examination shall be conducted at the times established by the 37535
examiners involved. If such a defendant refuses to submit to an 37536
examination or a complete examination as required by the court or 37537
the center, program, facility, or examiners involved, the court 37538
may amend the conditions of the bail of the defendant and order 37539
the sheriff to take the defendant into custody and deliver the 37540
defendant to the detention facility in which the defendant would 37541
have been confined if the defendant had not been released on bail, 37542
or, if so specified by the center, program, facility, or examiners 37543
involved, to the premises of the center, program, or facility, for 37544
purposes of the examination.37545

       (2) A defendant who has not been released on bail shall be 37546
examined at the detention facility in which the defendant is 37547
confined or, if so specified by the center, program, facility, or 37548
examiners involved, at the premises of the center, program, or 37549
facility.37550

       (D) The examiner of the mental condition of a defendant under 37551
division (A) or (B) of this section shall file a written report 37552
with the court within thirty days after the entry of an order for 37553
the evaluation of the mental condition of the defendant. The 37554
report shall contain the findings of the examiner; the facts in 37555
reasonable detail on which the findings are based; the opinion of 37556
the examiner as to the mental condition of the defendant; the 37557
opinion of the examiner as to whether the defendant represents a 37558
substantial risk of physical harm to other persons as manifested 37559
by evidence of recent homicidal or other violent behavior, 37560
evidence of recent threats that placed other persons in reasonable 37561
fear of violent behavior and serious physical harm, or evidence of 37562
present dangerousness; and the opinion of the examiner as to the 37563
types of treatment or counseling that the defendant needs. The 37564
court shall provide copies of the report to the prosecutor and 37565
defense counsel.37566

       (E) The costs of any evaluation and preceding examination of 37567
a defendant that is ordered pursuant to division (A) or (B) of 37568
this section shall be taxed as court costs in the criminal case.37569

       (F) If the examiner considers it necessary in order to make 37570
an accurate evaluation of the mental condition of a defendant, an 37571
examiner under division (A) or (B) of this section may request any 37572
family or household member of the defendant to provide the 37573
examiner with information. A family or household member may, but 37574
is not required to, provide information to the examiner upon 37575
receipt of the request.37576

       (G) As used in this section:37577

       (1) "Bail" includes a recognizance.37578

       (2) "Examiner" means a psychiatrist, a licensed independent 37579
social worker who is employed by a forensic center that is 37580
certified as being in compliance with the standards established 37581
under division (I)(H) of section 5119.01 or division (C) of 37582
section 5123.04 of the Revised Code, a licensed professional 37583
clinical counselor who is employed at a forensic center that is 37584
certified as being in compliance with such standards, or a 37585
licensed clinical psychologist, except that in order to be an 37586
examiner, a licensed clinical psychologist shall meet the criteria 37587
of division (I)(1) of section 5122.01 of the Revised Code or be 37588
employed to conduct examinations by the department of mental 37589
health or by a forensic center certified as being in compliance 37590
with the standards established under division (I)(H) of section 37591
5119.01 or division (C) of section 5123.04 of the Revised Code 37592
that is designated by the department of mental health.37593

       (3) "Family or household member" has the same meaning as in 37594
section 2919.25 of the Revised Code.37595

       (4) "Prosecutor" has the same meaning as in section 2935.01 37596
of the Revised Code.37597

       (5) "Psychiatrist" and "licensed clinical psychologist" have 37598
the same meanings as in section 5122.01 of the Revised Code.37599

       (6) "Protection order issued by a court of another state" has 37600
the same meaning as in section 2919.27 of the Revised Code.37601

       Sec. 2939.11.  The official shorthand reporter of the county, 37602
or any shorthand reporter designated by the court of common pleas, 37603
at the request of the prosecuting attorney, or any such reporter 37604
designated by the attorney general in investigations conducted by 37605
himthe attorney general, may take shorthand notes of, or 37606
electronically record, testimony before the grand jury, and 37607
furnish a transcript to the prosecuting attorney or the attorney 37608
general, and to no other person. The shorthand reporter shall 37609
withdraw from the jury room before the jurors begin to express 37610
their views or take their vote on the matter before them. Such 37611
reporter shall take an oath to be administered by the judge after 37612
the grand jury is sworn, imposing an obligation of secrecy to not 37613
disclose any testimony taken or heard except to the grand jury, 37614
prosecuting attorney, or attorney general, unless called upon in 37615
court to make disclosures.37616

       Sec. 2945.371.  (A) If the issue of a defendant's competence 37617
to stand trial is raised or if a defendant enters a plea of not 37618
guilty by reason of insanity, the court may order one or more 37619
evaluations of the defendant's present mental condition or, in the 37620
case of a plea of not guilty by reason of insanity, of the 37621
defendant's mental condition at the time of the offense charged. 37622
An examiner shall conduct the evaluation.37623

       (B) If the court orders more than one evaluation under 37624
division (A) of this section, the prosecutor and the defendant may 37625
recommend to the court an examiner whom each prefers to perform 37626
one of the evaluations. If a defendant enters a plea of not guilty 37627
by reason of insanity and if the court does not designate an 37628
examiner recommended by the defendant, the court shall inform the 37629
defendant that the defendant may have independent expert 37630
evaluation and that, if the defendant is unable to obtain 37631
independent expert evaluation, it will be obtained for the 37632
defendant at public expense if the defendant is indigent.37633

       (C) If the court orders an evaluation under division (A) of 37634
this section, the defendant shall be available at the times and 37635
places established by the examiners who are to conduct the 37636
evaluation. The court may order a defendant who has been released 37637
on bail or recognizance to submit to an evaluation under this 37638
section. If a defendant who has been released on bail or 37639
recognizance refuses to submit to a complete evaluation, the court 37640
may amend the conditions of bail or recognizance and order the 37641
sheriff to take the defendant into custody and deliver the 37642
defendant to a center, program, or facility operated or certified 37643
by the department of mental health or the department of 37644
developmental disabilities where the defendant may be held for 37645
evaluation for a reasonable period of time not to exceed twenty 37646
days.37647

       (D) A defendant who has not been released on bail or 37648
recognizance may be evaluated at the defendant's place of 37649
detention. Upon the request of the examiner, the court may order 37650
the sheriff to transport the defendant to a program or facility 37651
operated or certified by the department of mental health or the 37652
department of developmental disabilities, where the defendant may 37653
be held for evaluation for a reasonable period of time not to 37654
exceed twenty days, and to return the defendant to the place of 37655
detention after the evaluation. A municipal court may make an 37656
order under this division only upon the request of a certified 37657
forensic center examiner.37658

       (E) If a court orders the evaluation to determine a 37659
defendant's mental condition at the time of the offense charged, 37660
the court shall inform the examiner of the offense with which the 37661
defendant is charged.37662

       (F) In conducting an evaluation of a defendant's mental 37663
condition at the time of the offense charged, the examiner shall 37664
consider all relevant evidence. If the offense charged involves 37665
the use of force against another person, the relevant evidence to 37666
be considered includes, but is not limited to, any evidence that 37667
the defendant suffered, at the time of the commission of the 37668
offense, from the "battered woman syndrome."37669

       (G) The examiner shall file a written report with the court 37670
within thirty days after entry of a court order for evaluation, 37671
and the court shall provide copies of the report to the prosecutor 37672
and defense counsel. The report shall include all of the 37673
following:37674

       (1) The examiner's findings;37675

       (2) The facts in reasonable detail on which the findings are 37676
based;37677

       (3) If the evaluation was ordered to determine the 37678
defendant's competence to stand trial, all of the following 37679
findings or recommendations that are applicable:37680

       (a) Whether the defendant is capable of understanding the 37681
nature and objective of the proceedings against the defendant or 37682
of assisting in the defendant's defense;37683

       (b) If the examiner's opinion is that the defendant is 37684
incapable of understanding the nature and objective of the 37685
proceedings against the defendant or of assisting in the 37686
defendant's defense, whether the defendant presently is mentally 37687
ill or mentally retarded and, if the examiner's opinion is that 37688
the defendant presently is mentally retarded, whether the 37689
defendant appears to be a mentally retarded person subject to 37690
institutionalization by court order;37691

       (c) If the examiner's opinion is that the defendant is 37692
incapable of understanding the nature and objective of the 37693
proceedings against the defendant or of assisting in the 37694
defendant's defense, the examiner's opinion as to the likelihood 37695
of the defendant becoming capable of understanding the nature and 37696
objective of the proceedings against the defendant and of 37697
assisting in the defendant's defense within one year if the 37698
defendant is provided with a course of treatment;37699

       (d) If the examiner's opinion is that the defendant is 37700
incapable of understanding the nature and objective of the 37701
proceedings against the defendant or of assisting in the 37702
defendant's defense and that the defendant presently is mentally 37703
ill or mentally retarded, the examiner's recommendation as to the 37704
least restrictive treatmentplacement or commitment alternative, 37705
consistent with the defendant's treatment needs for restoration to 37706
competency and with the safety of the community;37707

       (e) If the defendant is charged with a misdemeanor offense 37708
that is not an offense of violence and the examiner's opinion is 37709
that the defendant is incapable of understanding the nature and 37710
objective of the proceedings against the defendant or of assisting 37711
in the defendant's defense and that the defendant is presently 37712
mentally ill or mentally retarded, the examiner's recommendation 37713
as to whether the defendant is amenable to engagement in mental 37714
health treatment or developmental disability services.37715

       (4) If the evaluation was ordered to determine the 37716
defendant's mental condition at the time of the offense charged, 37717
the examiner's findings as to whether the defendant, at the time 37718
of the offense charged, did not know, as a result of a severe 37719
mental disease or defect, the wrongfulness of the defendant's acts 37720
charged.37721

       (H) If the examiner's report filed under division (G) of this 37722
section indicates that in the examiner's opinion the defendant is 37723
incapable of understanding the nature and objective of the 37724
proceedings against the defendant or of assisting in the 37725
defendant's defense and that in the examiner's opinion the 37726
defendant appears to be a mentally retarded person subject to 37727
institutionalization by court order, the court shall order the 37728
defendant to undergo a separate mental retardation evaluation 37729
conducted by a psychologist designated by the director of 37730
developmental disabilities. Divisions (C) to (F) of this section 37731
apply in relation to a separate mental retardation evaluation 37732
conducted under this division. The psychologist appointed under 37733
this division to conduct the separate mental retardation 37734
evaluation shall file a written report with the court within 37735
thirty days after the entry of the court order requiring the 37736
separate mental retardation evaluation, and the court shall 37737
provide copies of the report to the prosecutor and defense 37738
counsel. The report shall include all of the information described 37739
in divisions (G)(1) to (4) of this section. If the court orders a 37740
separate mental retardation evaluation of a defendant under this 37741
division, the court shall not conduct a hearing under divisions 37742
(B) to (H) of section 2945.37 of the Revised Code regarding that 37743
defendant until a report of the separate mental retardation 37744
evaluation conducted under this division has been filed. Upon the 37745
filing of that report, the court shall conduct the hearing within 37746
the period of time specified in division (C) of section 2945.37 of 37747
the Revised Code.37748

       (I) An examiner appointed under divisions (A) and (B) of this 37749
section or under division (H) of this section to evaluate a 37750
defendant to determine the defendant's competence to stand trial 37751
also may be appointed to evaluate a defendant who has entered a 37752
plea of not guilty by reason of insanity, but an examiner of that 37753
nature shall prepare separate reports on the issue of competence 37754
to stand trial and the defense of not guilty by reason of 37755
insanity.37756

       (J) No statement that a defendant makes in an evaluation or 37757
hearing under divisions (A) to (H) of this section relating to the 37758
defendant's competence to stand trial or to the defendant's mental 37759
condition at the time of the offense charged shall be used against 37760
the defendant on the issue of guilt in any criminal action or 37761
proceeding, but, in a criminal action or proceeding, the 37762
prosecutor or defense counsel may call as a witness any person who 37763
evaluated the defendant or prepared a report pursuant to a 37764
referral under this section. Neither the appointment nor the 37765
testimony of an examiner appointed under this section precludes 37766
the prosecutor or defense counsel from calling other witnesses or 37767
presenting other evidence on competency or insanity issues.37768

       (K) Persons appointed as examiners under divisions (A) and 37769
(B) of this section or under division (H) of this section shall be 37770
paid a reasonable amount for their services and expenses, as 37771
certified by the court. The certified amount shall be paid by the 37772
county in the case of county courts and courts of common pleas and 37773
by the legislative authority, as defined in section 1901.03 of the 37774
Revised Code, in the case of municipal courts.37775

       Sec. 2945.38.  (A) If the issue of a defendant's competence 37776
to stand trial is raised and if the court, upon conducting the 37777
hearing provided for in section 2945.37 of the Revised Code, finds 37778
that the defendant is competent to stand trial, the defendant 37779
shall be proceeded against as provided by law. If the court finds 37780
the defendant competent to stand trial and the defendant is 37781
receiving psychotropic drugs or other medication, the court may 37782
authorize the continued administration of the drugs or medication 37783
or other appropriate treatment in order to maintain the 37784
defendant's competence to stand trial, unless the defendant's 37785
attending physician advises the court against continuation of the 37786
drugs, other medication, or treatment.37787

       (B)(1)(a) If, after taking into consideration all relevant 37788
reports, information, and other evidence, the court finds that the 37789
defendant is incompetent to stand trial and that there is a 37790
substantial probability that the defendant will become competent 37791
to stand trial within one year if the defendant is provided with a 37792
course of treatment, the court shall order the defendant to 37793
undergo treatment. If the defendant has been charged with a felony 37794
offense and if, after taking into consideration all relevant 37795
reports, information, and other evidence, the court finds that the 37796
defendant is incompetent to stand trial, but the court is unable 37797
at that time to determine whether there is a substantial 37798
probability that the defendant will become competent to stand 37799
trial within one year if the defendant is provided with a course 37800
of treatment, the court shall order continuing evaluation and 37801
treatment of the defendant for a period not to exceed four months 37802
to determine whether there is a substantial probability that the 37803
defendant will become competent to stand trial within one year if 37804
the defendant is provided with a course of treatment.37805

       (b) The court order for the defendant to undergo treatment or 37806
continuing evaluation and treatment under division (B)(1)(a) of 37807
this section shall specify that the defendant, if determined to 37808
require mental health treatment or continuing evaluation and 37809
treatment, shall be committed to the department of mental health 37810
for treatment or continuing evaluation and treatment shall occur37811
at a hospital, facility, or agency, as determined to be clinically 37812
appropriate by the department of mental health and, if determined 37813
to require treatment or continuing evaluation and treatment for a 37814
developmental disability, shall receive treatment or continuing 37815
evaluation and treatment at an institution or facility operated by 37816
the department of mental health or the department of developmental 37817
disabilities, at a facility certified by either of those 37818
departmentsthe department of developmental disabilities as being 37819
qualified to treat mental illness or mental retardation, at a 37820
public or private community mental health or mental retardation 37821
facility, or by a psychiatrist or another mental health or mental37822
retardation professional. The order may restrict the defendant's 37823
freedom of movement as the court considers necessary. The 37824
prosecutor in the defendant's case shall send to the chief 37825
clinical officer of the hospital or, facility, or agency where 37826
the defendant is placed by the department of mental health, or to37827
the managing officer of the institution, the director of the 37828
programfacility, or the person to which the defendant is 37829
committed, copies of relevant police reports and other background 37830
information that pertains to the defendant and is available to the 37831
prosecutor unless the prosecutor determines that the release of 37832
any of the information in the police reports or any of the other 37833
background information to unauthorized persons would interfere 37834
with the effective prosecution of any person or would create a 37835
substantial risk of harm to any person.37836

       In committing the defendant to the department of mental 37837
health, the court shall consider the extent to which the person is 37838
a danger to the person and to others, the need for security, and 37839
the type of crime involved and, if the court finds that 37840
restrictions on the defendant's freedom of movement are necessary, 37841
shall specify the least restrictive limitations on the person's 37842
freedom of movement determined to be necessary to protect public 37843
safety. In determining placementcommitment alternatives for 37844
defendants determined to require treatment or continuing 37845
evaluation and treatment for developmental disabilities, the court 37846
shall consider the extent to which the person is a danger to the 37847
person and to others, the need for security, and the type of crime 37848
involved and shall order the least restrictive alternative 37849
available that is consistent with public safety and treatment 37850
goals. In weighing these factors, the court shall give preference 37851
to protecting public safety.37852

       (c) If the defendant is found incompetent to stand trial, if 37853
the chief clinical officer of the hospital or, facility, or agency 37854
where the defendant is placed, or the managing officer of the 37855
institution, the director of the programfacility, or the person 37856
to which the defendant is committed for treatment or continuing 37857
evaluation and treatment under division (B)(1)(b) of this section 37858
determines that medication is necessary to restore the defendant's 37859
competency to stand trial, and if the defendant lacks the capacity 37860
to give informed consent or refuses medication, the chief clinical 37861
officer of the hospital, facility, or agency where the defendant 37862
is placed, or the managing officer of the institution, the37863
director of the facility, or the person to which the defendant is 37864
committed for treatment or continuing evaluation and treatment may 37865
petition the court for authorization for the involuntary 37866
administration of medication. The court shall hold a hearing on 37867
the petition within five days of the filing of the petition if the 37868
petition was filed in a municipal court or a county court 37869
regarding an incompetent defendant charged with a misdemeanor or 37870
within ten days of the filing of the petition if the petition was 37871
filed in a court of common pleas regarding an incompetent 37872
defendant charged with a felony offense. Following the hearing, 37873
the court may authorize the involuntary administration of 37874
medication or may dismiss the petition.37875

       (d) If the defendant is charged with a misdemeanor offense 37876
that is not an offense of violence, the prosecutor may hold the 37877
charges in abeyance while the defendant engages in mental health 37878
treatment or developmental disability services.37879

       (2) If the court finds that the defendant is incompetent to 37880
stand trial and that, even if the defendant is provided with a 37881
course of treatment, there is not a substantial probability that 37882
the defendant will become competent to stand trial within one 37883
year, the court shall order the discharge of the defendant, unless 37884
upon motion of the prosecutor or on its own motion, the court 37885
either seeks to retain jurisdiction over the defendant pursuant to 37886
section 2945.39 of the Revised Code or files an affidavit in the 37887
probate court for the civil commitment of the defendant pursuant 37888
to Chapter 5122. or 5123. of the Revised Code alleging that the 37889
defendant is a mentally ill person subject to hospitalization by 37890
court order or a mentally retarded person subject to 37891
institutionalization by court order. If an affidavit is filed in 37892
the probate court, the trial court shall send to the probate court 37893
copies of all written reports of the defendant's mental condition 37894
that were prepared pursuant to section 2945.371 of the Revised 37895
Code.37896

       The trial court may issue the temporary order of detention 37897
that a probate court may issue under section 5122.11 or 5123.71 of 37898
the Revised Code, to remain in effect until the probable cause or 37899
initial hearing in the probate court. Further proceedings in the 37900
probate court are civil proceedings governed by Chapter 5122. or 37901
5123. of the Revised Code.37902

       (C) No defendant shall be required to undergo treatment, 37903
including any continuing evaluation and treatment, under division 37904
(B)(1) of this section for longer than whichever of the following 37905
periods is applicable:37906

       (1) One year, if the most serious offense with which the 37907
defendant is charged is one of the following offenses:37908

       (a) Aggravated murder, murder, or an offense of violence for 37909
which a sentence of death or life imprisonment may be imposed;37910

       (b) An offense of violence that is a felony of the first or 37911
second degree;37912

       (c) A conspiracy to commit, an attempt to commit, or 37913
complicity in the commission of an offense described in division 37914
(C)(1)(a) or (b) of this section if the conspiracy, attempt, or 37915
complicity is a felony of the first or second degree.37916

       (2) Six months, if the most serious offense with which the 37917
defendant is charged is a felony other than a felony described in 37918
division (C)(1) of this section;37919

       (3) Sixty days, if the most serious offense with which the 37920
defendant is charged is a misdemeanor of the first or second 37921
degree;37922

       (4) Thirty days, if the most serious offense with which the 37923
defendant is charged is a misdemeanor of the third or fourth 37924
degree, a minor misdemeanor, or an unclassified misdemeanor.37925

       (D) Any defendant who is committed pursuant to this section 37926
shall not voluntarily admit the defendant or be voluntarily 37927
admitted to a hospital or institution pursuant to section 5122.02, 37928
5122.15, 5123.69, or 5123.76 of the Revised Code.37929

       (E) Except as otherwise provided in this division, a 37930
defendant who is charged with an offense and is committed by the 37931
court under this section to a hospitalthe department of mental 37932
health with restrictions on the defendant's freedom of movement or 37933
otheris committed to an institution by the court under this 37934
sectionor facility for the treatment of developmental 37935
disabilities shall not be granted unsupervised on-grounds 37936
movement, supervised off-grounds movement, or nonsecured status 37937
except in accordance with the court order. The court may grant a 37938
defendant supervised off-grounds movement to obtain medical 37939
treatment or specialized habilitation treatment services if the 37940
person who supervises the treatment or the continuing evaluation 37941
and treatment of the defendant ordered under division (B)(1)(a) of 37942
this section informs the court that the treatment or continuing 37943
evaluation and treatment cannot be provided at the hospital or 37944
facility where the defendant is placed by the department of mental 37945
health or the institution or facility to which the defendant is 37946
committed. The chief clinical officer of the hospital or facility 37947
where the defendant is placed by the department of mental health 37948
or the managing officer of the institution or director of the 37949
facility to which the defendant is committed, or a designee of37950
eitherany of those persons, may grant a defendant movement to a 37951
medical facility for an emergency medical situation with 37952
appropriate supervision to ensure the safety of the defendant, 37953
staff, and community during that emergency medical situation. The 37954
chief clinical officer of the hospital or facility where the 37955
defendant is placed by the department of mental health or the 37956
managing officer of the institution or director of the facility to 37957
which the defendant is committed shall notify the court within 37958
twenty-four hours of the defendant's movement to the medical 37959
facility for an emergency medical situation under this division.37960

       (F) The person who supervises the treatment or continuing 37961
evaluation and treatment of a defendant ordered to undergo 37962
treatment or continuing evaluation and treatment under division 37963
(B)(1)(a) of this section shall file a written report with the 37964
court at the following times:37965

       (1) Whenever the person believes the defendant is capable of 37966
understanding the nature and objective of the proceedings against 37967
the defendant and of assisting in the defendant's defense;37968

       (2) For a felony offense, fourteen days before expiration of 37969
the maximum time for treatment as specified in division (C) of 37970
this section and fourteen days before the expiration of the 37971
maximum time for continuing evaluation and treatment as specified 37972
in division (B)(1)(a) of this section, and, for a misdemeanor 37973
offense, ten days before the expiration of the maximum time for 37974
treatment, as specified in division (C) of this section;37975

       (3) At a minimum, after each six months of treatment;37976

       (4) Whenever the person who supervises the treatment or 37977
continuing evaluation and treatment of a defendant ordered under 37978
division (B)(1)(a) of this section believes that there is not a 37979
substantial probability that the defendant will become capable of 37980
understanding the nature and objective of the proceedings against 37981
the defendant or of assisting in the defendant's defense even if 37982
the defendant is provided with a course of treatment.37983

       (G) A report under division (F) of this section shall contain 37984
the examiner's findings, the facts in reasonable detail on which 37985
the findings are based, and the examiner's opinion as to the 37986
defendant's capability of understanding the nature and objective 37987
of the proceedings against the defendant and of assisting in the 37988
defendant's defense. If, in the examiner's opinion, the defendant 37989
remains incapable of understanding the nature and objective of the 37990
proceedings against the defendant and of assisting in the 37991
defendant's defense and there is a substantial probability that 37992
the defendant will become capable of understanding the nature and 37993
objective of the proceedings against the defendant and of 37994
assisting in the defendant's defense if the defendant is provided 37995
with a course of treatment, if in the examiner's opinion the 37996
defendant remains mentally ill or mentally retarded, and if the 37997
maximum time for treatment as specified in division (C) of this 37998
section has not expired, the report also shall contain the 37999
examiner's recommendation as to the least restrictive treatment38000
placement or commitment alternative that is consistent with the 38001
defendant's treatment needs for restoration to competency and with 38002
the safety of the community. The court shall provide copies of the 38003
report to the prosecutor and defense counsel.38004

       (H) If a defendant is committed pursuant to division (B)(1) 38005
of this section, within ten days after the treating physician of 38006
the defendant or the examiner of the defendant who is employed or 38007
retained by the treating facility advises that there is not a 38008
substantial probability that the defendant will become capable of 38009
understanding the nature and objective of the proceedings against 38010
the defendant or of assisting in the defendant's defense even if 38011
the defendant is provided with a course of treatment, within ten 38012
days after the expiration of the maximum time for treatment as 38013
specified in division (C) of this section, within ten days after 38014
the expiration of the maximum time for continuing evaluation and 38015
treatment as specified in division (B)(1)(a) of this section, 38016
within thirty days after a defendant's request for a hearing that 38017
is made after six months of treatment, or within thirty days after 38018
being advised by the treating physician or examiner that the 38019
defendant is competent to stand trial, whichever is the earliest, 38020
the court shall conduct another hearing to determine if the 38021
defendant is competent to stand trial and shall do whichever of 38022
the following is applicable:38023

       (1) If the court finds that the defendant is competent to 38024
stand trial, the defendant shall be proceeded against as provided 38025
by law.38026

       (2) If the court finds that the defendant is incompetent to 38027
stand trial, but that there is a substantial probability that the 38028
defendant will become competent to stand trial if the defendant is 38029
provided with a course of treatment, and the maximum time for 38030
treatment as specified in division (C) of this section has not 38031
expired, the court, after consideration of the examiner's 38032
recommendation, shall order that treatment be continued, may 38033
change the facility or program at which the treatment is to be 38034
continuedleast restrictive limitations on the defendant's freedom 38035
of movement, and, if applicable, shall specify whether the 38036
treatment for developmental disabilities is to be continued at the 38037
same or a different facility or programinstitution.38038

       (3) If the court finds that the defendant is incompetent to 38039
stand trial, if the defendant is charged with an offense listed in 38040
division (C)(1) of this section, and if the court finds that there 38041
is not a substantial probability that the defendant will become 38042
competent to stand trial even if the defendant is provided with a 38043
course of treatment, or if the maximum time for treatment relative 38044
to that offense as specified in division (C) of this section has 38045
expired, further proceedings shall be as provided in sections 38046
2945.39, 2945.401, and 2945.402 of the Revised Code.38047

       (4) If the court finds that the defendant is incompetent to 38048
stand trial, if the most serious offense with which the defendant 38049
is charged is a misdemeanor or a felony other than a felony listed 38050
in division (C)(1) of this section, and if the court finds that 38051
there is not a substantial probability that the defendant will 38052
become competent to stand trial even if the defendant is provided 38053
with a course of treatment, or if the maximum time for treatment 38054
relative to that offense as specified in division (C) of this 38055
section has expired, the court shall dismiss the indictment, 38056
information, or complaint against the defendant. A dismissal under 38057
this division is not a bar to further prosecution based on the 38058
same conduct. The court shall discharge the defendant unless the 38059
court or prosecutor files an affidavit in probate court for civil 38060
commitment pursuant to Chapter 5122. or 5123. of the Revised Code. 38061
If an affidavit for civil commitment is filed, the court may 38062
detain the defendant for ten days pending civil commitment. All of 38063
the following provisions apply to persons charged with a 38064
misdemeanor or a felony other than a felony listed in division 38065
(C)(1) of this section who are committed by the probate court 38066
subsequent to the court's or prosecutor's filing of an affidavit 38067
for civil commitment under authority of this division:38068

       (a) The chief clinical officer of the entity, hospital, or 38069
facility, the managing officer of the institution, the director of 38070
the program, or the person to which the defendant is committed or 38071
admitted shall do all of the following:38072

       (i) Notify the prosecutor, in writing, of the discharge of 38073
the defendant, send the notice at least ten days prior to the 38074
discharge unless the discharge is by the probate court, and state 38075
in the notice the date on which the defendant will be discharged;38076

       (ii) Notify the prosecutor, in writing, when the defendant is 38077
absent without leave or is granted unsupervised, off-grounds 38078
movement, and send this notice promptly after the discovery of the 38079
absence without leave or prior to the granting of the 38080
unsupervised, off-grounds movement, whichever is applicable;38081

       (iii) Notify the prosecutor, in writing, of the change of the 38082
defendant's commitment or admission to voluntary status, send the 38083
notice promptly upon learning of the change to voluntary status, 38084
and state in the notice the date on which the defendant was 38085
committed or admitted on a voluntary status.38086

       (b) Upon receiving notice that the defendant will be granted 38087
unsupervised, off-grounds movement, the prosecutor either shall 38088
re-indict the defendant or promptly notify the court that the 38089
prosecutor does not intend to prosecute the charges against the 38090
defendant.38091

       (I) If a defendant is convicted of a crime and sentenced to a 38092
jail or workhouse, the defendant's sentence shall be reduced by 38093
the total number of days the defendant is confined for evaluation 38094
to determine the defendant's competence to stand trial or 38095
treatment under this section and sections 2945.37 and 2945.371 of 38096
the Revised Code or by the total number of days the defendant is 38097
confined for evaluation to determine the defendant's mental 38098
condition at the time of the offense charged.38099

       Sec. 2945.39.  (A) If a defendant who is charged with an 38100
offense described in division (C)(1) of section 2945.38 of the 38101
Revised Code is found incompetent to stand trial, after the 38102
expiration of the maximum time for treatment as specified in 38103
division (C) of that section or after the court finds that there 38104
is not a substantial probability that the defendant will become 38105
competent to stand trial even if the defendant is provided with a 38106
course of treatment, one of the following applies:38107

       (1) The court or the prosecutor may file an affidavit in 38108
probate court for civil commitment of the defendant in the manner 38109
provided in Chapter 5122. or 5123. of the Revised Code. If the 38110
court or prosecutor files an affidavit for civil commitment, the 38111
court may detain the defendant for ten days pending civil 38112
commitment. If the probate court commits the defendant subsequent 38113
to the court's or prosecutor's filing of an affidavit for civil 38114
commitment, the chief clinical officer of the entity, hospital, or 38115
facility, the managing officer of the institution, the director of 38116
the program, or the person to which the defendant is committed or 38117
admitted shall send to the prosecutor the notices described in 38118
divisions (H)(4)(a)(i) to (iii) of section 2945.38 of the Revised 38119
Code within the periods of time and under the circumstances 38120
specified in those divisions.38121

       (2) On the motion of the prosecutor or on its own motion, the 38122
court may retain jurisdiction over the defendant if, at a hearing, 38123
the court finds both of the following by clear and convincing 38124
evidence:38125

       (a) The defendant committed the offense with which the 38126
defendant is charged.38127

       (b) The defendant is a mentally ill person subject to 38128
hospitalization by court order or a mentally retarded person 38129
subject to institutionalization by court order.38130

       (B) In making its determination under division (A)(2) of this 38131
section as to whether to retain jurisdiction over the defendant, 38132
the court may consider all relevant evidence, including, but not 38133
limited to, any relevant psychiatric, psychological, or medical 38134
testimony or reports, the acts constituting the offense charged, 38135
and any history of the defendant that is relevant to the 38136
defendant's ability to conform to the law.38137

       (C) If the court conducts a hearing as described in division 38138
(A)(2) of this section and if the court does not make both 38139
findings described in divisions (A)(2)(a) and (b) of this section 38140
by clear and convincing evidence, the court shall dismiss the 38141
indictment, information, or complaint against the defendant. Upon 38142
the dismissal, the court shall discharge the defendant unless the 38143
court or prosecutor files an affidavit in probate court for civil 38144
commitment of the defendant pursuant to Chapter 5122. or 5123. of 38145
the Revised Code. If the court or prosecutor files an affidavit 38146
for civil commitment, the court may order that the defendant be 38147
detained for up to ten days pending the civil commitment. If the 38148
probate court commits the defendant subsequent to the court's or 38149
prosecutor's filing of an affidavit for civil commitment, the 38150
chief clinical officer of the entity, hospital, or facility, the 38151
managing officer of the institution, the director of the program,38152
or the person to which the defendant is committed or admitted 38153
shall send to the prosecutor the notices described in divisions 38154
(H)(4)(a)(i) to (iii) of section 2945.38 of the Revised Code 38155
within the periods of time and under the circumstances specified 38156
in those divisions. A dismissal of charges under this division is 38157
not a bar to further criminal proceedings based on the same 38158
conduct.38159

       (D)(1) If the court conducts a hearing as described in 38160
division (A)(2) of this section and if the court makes the 38161
findings described in divisions (A)(2)(a) and (b) of this section 38162
by clear and convincing evidence, the court shall commit the 38163
defendant, if determined to require mental health treatment, to a 38164
hospital operated by the department of mental health for treatment 38165
at a hospital, facility, or agency as determined clinically 38166
appropriate by the department of mental health or, if determined 38167
to require treatment for developmental disabilities, to a facility 38168
operated by the department of developmental disabilities, or 38169
another medical or psychiatric facility, as appropriate. In 38170
committing the defendant to the department of mental health, the 38171
court shall specify the least restrictive limitations on the 38172
defendant's freedom of movement determined to be necessary to 38173
protect public safety. In determining the place and nature of the 38174
commitment to a facility operated by the department of 38175
developmental disabilities or another facility for treatment of 38176
developmental disabilities, the court shall order the least 38177
restrictive commitment alternative available that is consistent 38178
with public safety and the welfare of the defendant. In weighing 38179
these factors, the court shall give preference to protecting 38180
public safety.38181

       (2) If a court makes a commitment of a defendant under 38182
division (D)(1) of this section, the prosecutor shall send to the38183
hospital, facility, or agency where the defendant is placed by the 38184
department of mental health or to the defendant's place of 38185
commitment all reports of the defendant's current mental condition 38186
and, except as otherwise provided in this division, any other 38187
relevant information, including, but not limited to, a transcript 38188
of the hearing held pursuant to division (A)(2) of this section, 38189
copies of relevant police reports, and copies of any prior arrest 38190
and conviction records that pertain to the defendant and that the 38191
prosecutor possesses. The prosecutor shall send the reports of the 38192
defendant's current mental condition in every case of commitment, 38193
and, unless the prosecutor determines that the release of any of 38194
the other relevant information to unauthorized persons would 38195
interfere with the effective prosecution of any person or would 38196
create a substantial risk of harm to any person, the prosecutor 38197
also shall send the other relevant information. Upon admission of 38198
a defendant committed under division (D)(1) of this section, the 38199
place of commitment shall send to the board of alcohol, drug 38200
addiction, and mental health services or the community mental 38201
health board serving the county in which the charges against the 38202
defendant were filed a copy of all reports of the defendant's 38203
current mental condition and a copy of the other relevant 38204
information provided by the prosecutor under this division, 38205
including, if provided, a transcript of the hearing held pursuant 38206
to division (A)(2) of this section, the relevant police reports, 38207
and the prior arrest and conviction records that pertain to the 38208
defendant and that the prosecutor possesses.38209

       (3) If a court makes a commitment under division (D)(1) of 38210
this section, all further proceedings shall be in accordance with 38211
sections 2945.401 and 2945.402 of the Revised Code.38212

       Sec. 2945.40.  (A) If a person is found not guilty by reason 38213
of insanity, the verdict shall state that finding, and the trial 38214
court shall conduct a full hearing to determine whether the person 38215
is a mentally ill person subject to hospitalization by court order 38216
or a mentally retarded person subject to institutionalization by 38217
court order. Prior to the hearing, if the trial judge believes 38218
that there is probable cause that the person found not guilty by 38219
reason of insanity is a mentally ill person subject to 38220
hospitalization by court order or mentally retarded person subject 38221
to institutionalization by court order, the trial judge may issue 38222
a temporary order of detention for that person to remain in effect 38223
for ten court days or until the hearing, whichever occurs first.38224

       Any person detained pursuant to a temporary order of 38225
detention issued under this division shall be held in a suitable 38226
facility, taking into consideration the place and type of 38227
confinement prior to and during trial.38228

       (B) The court shall hold the hearing under division (A) of 38229
this section to determine whether the person found not guilty by 38230
reason of insanity is a mentally ill person subject to 38231
hospitalization by court order or a mentally retarded person 38232
subject to institutionalization by court order within ten court 38233
days after the finding of not guilty by reason of insanity. 38234
Failure to conduct the hearing within the ten-day period shall 38235
cause the immediate discharge of the respondent, unless the judge 38236
grants a continuance for not longer than ten court days for good 38237
cause shown or for any period of time upon motion of the 38238
respondent.38239

       (C) If a person is found not guilty by reason of insanity, 38240
the person has the right to attend all hearings conducted pursuant 38241
to sections 2945.37 to 2945.402 of the Revised Code. At any 38242
hearing conducted pursuant to one of those sections, the court 38243
shall inform the person that the person has all of the following 38244
rights:38245

       (1) The right to be represented by counsel and to have that 38246
counsel provided at public expense if the person is indigent, with 38247
the counsel to be appointed by the court under Chapter 120. of the 38248
Revised Code or under the authority recognized in division (C) of 38249
section 120.06, division (E) of section 120.16, division (E) of 38250
section 120.26, or section 2941.51 of the Revised Code;38251

       (2) The right to have independent expert evaluation and to 38252
have that independent expert evaluation provided at public expense 38253
if the person is indigent;38254

       (3) The right to subpoena witnesses and documents, to present 38255
evidence on the person's behalf, and to cross-examine witnesses 38256
against the person;38257

       (4) The right to testify in the person's own behalf and to 38258
not be compelled to testify;38259

       (5) The right to have copies of any relevant medical or 38260
mental health document in the custody of the state or of any place 38261
of commitment other than a document for which the court finds that 38262
the release to the person of information contained in the document 38263
would create a substantial risk of harm to any person.38264

       (D) The hearing under division (A) of this section shall be 38265
open to the public, and the court shall conduct the hearing in 38266
accordance with the Rules of Civil Procedure. The court shall make 38267
and maintain a full transcript and record of the hearing 38268
proceedings. The court may consider all relevant evidence, 38269
including, but not limited to, any relevant psychiatric, 38270
psychological, or medical testimony or reports, the acts 38271
constituting the offense in relation to which the person was found 38272
not guilty by reason of insanity, and any history of the person 38273
that is relevant to the person's ability to conform to the law.38274

       (E) Upon completion of the hearing under division (A) of this 38275
section, if the court finds there is not clear and convincing 38276
evidence that the person is a mentally ill person subject to 38277
hospitalization by court order or a mentally retarded person 38278
subject to institutionalization by court order, the court shall 38279
discharge the person, unless a detainer has been placed upon the 38280
person by the department of rehabilitation and correction, in 38281
which case the person shall be returned to that department.38282

       (F) If, at the hearing under division (A) of this section, 38283
the court finds by clear and convincing evidence that the person 38284
is a mentally ill person subject to hospitalization by court order 38285
or, the court shall commit the person to the department of mental 38286
health for placement in a hospital, facility, or agency as 38287
determined clinically appropriate by the department of mental 38288
health. If, at the hearing under division (A) of this section, the 38289
court finds by clear and convincing evidence that the person is a 38290
mentally retarded person subject to institutionalization by court 38291
order, it shall commit the person to a hospital operated by the 38292
department of mental health, a facility operated by the department 38293
of developmental disabilities, or another medical or psychiatric38294
facility, as appropriate, and further. Further proceedings shall 38295
be in accordance with sections 2945.401 and 2945.402 of the 38296
Revised Code. In committing the person to the department of mental 38297
health, the court shall specify the least restrictive limitations 38298
to the defendant's freedom of movement determined to be necessary 38299
to protect public safety. In determining the place and nature of 38300
the commitment of a mentally retarded person subject to 38301
institutionalization by court order, the court shall order the 38302
least restrictive commitment alternative available that is 38303
consistent with public safety and the welfare of the person. In 38304
weighing these factors, the court shall give preference to 38305
protecting public safety.38306

       (G) If a court makes a commitment of a person under division 38307
(F) of this section, the prosecutor shall send to the hospital, 38308
facility, or agency where the person is placed by the department 38309
of mental health or to the defendant's place of commitment all 38310
reports of the person's current mental condition, and, except as 38311
otherwise provided in this division, any other relevant 38312
information, including, but not limited to, a transcript of the 38313
hearing held pursuant to division (A) of this section, copies of 38314
relevant police reports, and copies of any prior arrest and 38315
conviction records that pertain to the person and that the 38316
prosecutor possesses. The prosecutor shall send the reports of the 38317
person's current mental condition in every case of commitment, 38318
and, unless the prosecutor determines that the release of any of 38319
the other relevant information to unauthorized persons would 38320
interfere with the effective prosecution of any person or would 38321
create a substantial risk of harm to any person, the prosecutor 38322
also shall send the other relevant information. Upon admission of 38323
a person committed under division (F) of this section, the place 38324
of commitment shall send to the board of alcohol, drug addiction, 38325
and mental health services or the community mental health board 38326
serving the county in which the charges against the person were 38327
filed a copy of all reports of the person's current mental 38328
condition and a copy of the other relevant information provided by 38329
the prosecutor under this division, including, if provided, a 38330
transcript of the hearing held pursuant to division (A) of this 38331
section, the relevant police reports, and the prior arrest and 38332
conviction records that pertain to the person and that the 38333
prosecutor possesses.38334

       (H) A person who is committed pursuant to this section shall 38335
not voluntarily admit the person or be voluntarily admitted to a 38336
hospital or institution pursuant to section 5122.02, 5122.15, 38337
5123.69, or 5123.76 of the Revised Code.38338

       Sec. 2945.401.  (A) A defendant found incompetent to stand 38339
trial and committed pursuant to section 2945.39 of the Revised 38340
Code or a person found not guilty by reason of insanity and 38341
committed pursuant to section 2945.40 of the Revised Code shall 38342
remain subject to the jurisdiction of the trial court pursuant to 38343
that commitment, and to the provisions of this section, until the 38344
final termination of the commitment as described in division 38345
(J)(1) of this section. If the jurisdiction is terminated under 38346
this division because of the final termination of the commitment 38347
resulting from the expiration of the maximum prison term or term 38348
of imprisonment described in division (J)(1)(b) of this section, 38349
the court or prosecutor may file an affidavit for the civil 38350
commitment of the defendant or person pursuant to Chapter 5122. or 38351
5123. of the Revised Code.38352

       (B) A hearing conducted under any provision of sections 38353
2945.37 to 2945.402 of the Revised Code shall not be conducted in 38354
accordance with Chapters 5122. and 5123. of the Revised Code. Any 38355
person who is committed pursuant to section 2945.39 or 2945.40 of 38356
the Revised Code shall not voluntarily admit the person or be 38357
voluntarily admitted to a hospital or institution pursuant to 38358
section 5122.02, 5122.15, 5123.69, or 5123.76 of the Revised Code. 38359
All other provisions of Chapters 5122. and 5123. of the Revised 38360
Code regarding hospitalization or institutionalization shall apply 38361
to the extent they are not in conflict with this chapter. A 38362
commitment under section 2945.39 or 2945.40 of the Revised Code 38363
shall not be terminated and the conditions of the commitment shall 38364
not be changed except as otherwise provided in division (D)(2) of 38365
this section with respect to a mentally retarded person subject to 38366
institutionalization by court order or except by order of the 38367
trial court.38368

       (C) The hospital,department of mental health or the 38369
institution or facility, or program to which a defendant or person 38370
has been committed under section 2945.39 or 2945.40 of the Revised 38371
Code shall report in writing to the trial court, at the times 38372
specified in this division, as to whether the defendant or person 38373
remains a mentally ill person subject to hospitalization by court 38374
order or a mentally retarded person subject to 38375
institutionalization by court order and, in the case of a 38376
defendant committed under section 2945.39 of the Revised Code, as 38377
to whether the defendant remains incompetent to stand trial. The 38378
hospitaldepartment, institution, or facility, or program shall 38379
make the reports after the initial six months of treatment and 38380
every two years after the initial report is made. The trial court 38381
shall provide copies of the reports to the prosecutor and to the 38382
counsel for the defendant or person. Within thirty days after its 38383
receipt pursuant to this division of a report from a hospitalthe 38384
department, institution, or facility, or program, the trial court 38385
shall hold a hearing on the continued commitment of the defendant 38386
or person or on any changes in the conditions of the commitment of 38387
the defendant or person. The defendant or person may request a 38388
change in the conditions of confinement, and the trial court shall 38389
conduct a hearing on that request if six months or more have 38390
elapsed since the most recent hearing was conducted under this 38391
section.38392

       (D)(1) Except as otherwise provided in division (D)(2) of 38393
this section, when a defendant or person has been committed under 38394
section 2945.39 or 2945.40 of the Revised Code, at any time after 38395
evaluating the risks to public safety and the welfare of the 38396
defendant or person, the chief clinical officerdesignee of the 38397
department of mental health or the managing officer of the 38398
institution or director of the hospital, facility, or program to 38399
which the defendant or person is committed may recommend a 38400
termination of the defendant's or person's commitment or a change 38401
in the conditions of the defendant's or person's commitment.38402

       Except as otherwise provided in division (D)(2) of this 38403
section, if the chief clinical officerdesignee of the department 38404
of mental health recommends on-grounds unsupervised movement, 38405
off-grounds supervised movement, or nonsecured status for the 38406
defendant or person or termination of the defendant's or person's 38407
commitment, the following provisions apply:38408

       (a) If the chief clinical officerdepartment's designee38409
recommends on-grounds unsupervised movement or off-grounds 38410
supervised movement, the chief clinical officerdepartment's 38411
designee shall file with the trial court an application for 38412
approval of the movement and shall send a copy of the application 38413
to the prosecutor. Within fifteen days after receiving the 38414
application, the prosecutor may request a hearing on the 38415
application and, if a hearing is requested, shall so inform the 38416
chief clinical officerdepartment's designee. If the prosecutor 38417
does not request a hearing within the fifteen-day period, the 38418
trial court shall approve the application by entering its order 38419
approving the requested movement or, within five days after the 38420
expiration of the fifteen-day period, shall set a date for a 38421
hearing on the application. If the prosecutor requests a hearing 38422
on the application within the fifteen-day period, the trial court 38423
shall hold a hearing on the application within thirty days after 38424
the hearing is requested. If the trial court, within five days 38425
after the expiration of the fifteen-day period, sets a date for a 38426
hearing on the application, the trial court shall hold the hearing 38427
within thirty days after setting the hearing date. At least 38428
fifteen days before any hearing is held under this division, the 38429
trial court shall give the prosecutor written notice of the date, 38430
time, and place of the hearing. At the conclusion of each hearing 38431
conducted under this division, the trial court either shall 38432
approve or disapprove the application and shall enter its order 38433
accordingly.38434

       (b) If the chief clinical officerdepartment's designee38435
recommends termination of the defendant's or person's commitment 38436
at any time or if the chief clinical officerdepartment's designee38437
recommends the first of any nonsecured status for the defendant or 38438
person, the chief clinical officerdepartment's designee shall 38439
send written notice of this recommendation to the trial court and 38440
to the local forensic center. The local forensic center shall 38441
evaluate the committed defendant or person and, within thirty days 38442
after its receipt of the written notice, shall submit to the trial 38443
court and the chief clinical officerdepartment's designee a 38444
written report of the evaluation. The trial court shall provide a 38445
copy of the chief clinical officer'sdepartment's designee's38446
written notice and of the local forensic center's written report 38447
to the prosecutor and to the counsel for the defendant or person. 38448
Upon the local forensic center's submission of the report to the 38449
trial court and the chief clinical officerdepartment's designee, 38450
all of the following apply:38451

       (i) If the forensic center disagrees with the recommendation 38452
of the chief clinical officerdepartment's designee, it shall 38453
inform the chief clinical officerdepartment's designee and the 38454
trial court of its decision and the reasons for the decision. The 38455
chief clinical officerdepartment's designee, after consideration 38456
of the forensic center's decision, shall either withdraw, proceed 38457
with, or modify and proceed with the recommendation. If the chief 38458
clinical officerdepartment's designee proceeds with, or modifies 38459
and proceeds with, the recommendation, the chief clinical officer38460
department's designee shall proceed in accordance with division 38461
(D)(1)(b)(iii) of this section.38462

       (ii) If the forensic center agrees with the recommendation of 38463
the chief clinical officerdepartment's designee, it shall inform 38464
the chief clinical officerdepartment's designee and the trial 38465
court of its decision and the reasons for the decision, and the 38466
chief clinical officerdepartment's designee shall proceed in 38467
accordance with division (D)(1)(b)(iii) of this section.38468

       (iii) If the forensic center disagrees with the 38469
recommendation of the chief clinical officer department's 38470
designee and the chief clinical officerdepartment's designee38471
proceeds with, or modifies and proceeds with, the recommendation 38472
or if the forensic center agrees with the recommendation of the 38473
chief clinical officerdepartment's designee, the chief clinical 38474
officerdepartment's designee shall work with the boardcommunity 38475
mental health agencies, programs, facilities, or boards of 38476
alcohol, drug addiction, and mental health services or community 38477
mental health board serving the area, as appropriate, to develop a 38478
plan to implement the recommendation. If the defendant or person 38479
is on medication, the plan shall include, but shall not be limited 38480
to, a system to monitor the defendant's or person's compliance 38481
with the prescribed medication treatment plan. The system shall 38482
include a schedule that clearly states when the defendant or 38483
person shall report for a medication compliance check. The 38484
medication compliance checks shall be based upon the effective 38485
duration of the prescribed medication, taking into account the 38486
route by which it is taken, and shall be scheduled at intervals 38487
sufficiently close together to detect a potential increase in 38488
mental illness symptoms that the medication is intended to 38489
prevent.38490

       The chief clinical officer, after consultation with the board 38491
of alcohol, drug addiction, and mental health services or the 38492
community mental health board serving the area,department's 38493
designee shall send the recommendation and plan developed under 38494
division (D)(1)(b)(iii) of this section, in writing, to the trial 38495
court, the prosecutor and the counsel for the committed defendant 38496
or person. The trial court shall conduct a hearing on the 38497
recommendation and plan developed under division (D)(1)(b)(iii) of 38498
this section. Divisions (D)(1)(c) and (d) and (E) to (J) of this 38499
section apply regarding the hearing.38500

       (c) If the chief clinical officer'sdepartment's designee's38501
recommendation is for nonsecured status or termination of 38502
commitment, the prosecutor may obtain an independent expert 38503
evaluation of the defendant's or person's mental condition, and 38504
the trial court may continue the hearing on the recommendation for 38505
a period of not more than thirty days to permit time for the 38506
evaluation.38507

       The prosecutor may introduce the evaluation report or present 38508
other evidence at the hearing in accordance with the Rules of 38509
Evidence.38510

       (d) The trial court shall schedule the hearing on a chief 38511
clinical officer'sdepartment's designee's recommendation for 38512
nonsecured status or termination of commitment and shall give 38513
reasonable notice to the prosecutor and the counsel for the 38514
defendant or person. Unless continued for independent evaluation 38515
at the prosecutor's request or for other good cause, the hearing 38516
shall be held within thirty days after the trial court's receipt 38517
of the recommendation and plan.38518

       (2)(a) Division (D)(1) of this section does not apply to 38519
on-grounds unsupervised movement of a defendant or person who has 38520
been committed under section 2945.39 or 2945.40 of the Revised 38521
Code, who is a mentally retarded person subject to 38522
institutionalization by court order, and who is being provided 38523
residential habilitation, care, and treatment in a facility 38524
operated by the department of developmental disabilities.38525

       (b) If, pursuant to section 2945.39 of the Revised Code, the 38526
trial court commits a defendant who is found incompetent to stand 38527
trial and who is a mentally retarded person subject to 38528
institutionalization by court order, if the defendant is being 38529
provided residential habilitation, care, and treatment in a 38530
facility operated by the department of developmental disabilities, 38531
if an individual who is conducting a survey for the department of 38532
health to determine the facility's compliance with the 38533
certification requirements of the medicaid program under Chapter 38534
5111. of the Revised Code and Title XIX of the "Social Security 38535
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, cites the 38536
defendant's receipt of the residential habilitation, care, and 38537
treatment in the facility as being inappropriate under the 38538
certification requirements, if the defendant's receipt of the 38539
residential habilitation, care, and treatment in the facility 38540
potentially jeopardizes the facility's continued receipt of 38541
federal medicaid moneys, and if as a result of the citation the 38542
chief clinical officer of the facility determines that the 38543
conditions of the defendant's commitment should be changed, the 38544
department of developmental disabilities may cause the defendant 38545
to be removed from the particular facility and, after evaluating 38546
the risks to public safety and the welfare of the defendant and 38547
after determining whether another type of placement is consistent 38548
with the certification requirements, may place the defendant in 38549
another facility that the department selects as an appropriate 38550
facility for the defendant's continued receipt of residential 38551
habilitation, care, and treatment and that is a no less secure 38552
setting than the facility in which the defendant had been placed 38553
at the time of the citation. Within three days after the 38554
defendant's removal and alternative placement under the 38555
circumstances described in division (D)(2)(b) of this section, the 38556
department of developmental disabilities shall notify the trial 38557
court and the prosecutor in writing of the removal and alternative 38558
placement.38559

       The trial court shall set a date for a hearing on the removal 38560
and alternative placement, and the hearing shall be held within 38561
twenty-one days after the trial court's receipt of the notice from 38562
the department of developmental disabilities. At least ten days 38563
before the hearing is held, the trial court shall give the 38564
prosecutor, the department of developmental disabilities, and the 38565
counsel for the defendant written notice of the date, time, and 38566
place of the hearing. At the hearing, the trial court shall 38567
consider the citation issued by the individual who conducted the 38568
survey for the department of health to be prima-facie evidence of 38569
the fact that the defendant's commitment to the particular 38570
facility was inappropriate under the certification requirements of 38571
the medicaid program under Chapter 5111. of the Revised Code and 38572
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 38573
U.S.C.A. 301, as amended, and potentially jeopardizes the 38574
particular facility's continued receipt of federal medicaid 38575
moneys. At the conclusion of the hearing, the trial court may 38576
approve or disapprove the defendant's removal and alternative 38577
placement. If the trial court approves the defendant's removal and 38578
alternative placement, the department of developmental 38579
disabilities may continue the defendant's alternative placement. 38580
If the trial court disapproves the defendant's removal and 38581
alternative placement, it shall enter an order modifying the 38582
defendant's removal and alternative placement, but that order 38583
shall not require the department of developmental disabilities to 38584
replace the defendant for purposes of continued residential 38585
habilitation, care, and treatment in the facility associated with 38586
the citation issued by the individual who conducted the survey for 38587
the department of health.38588

       (E) In making a determination under this section regarding 38589
nonsecured status or termination of commitment, the trial court 38590
shall consider all relevant factors, including, but not limited 38591
to, all of the following:38592

       (1) Whether, in the trial court's view, the defendant or 38593
person currently represents a substantial risk of physical harm to 38594
the defendant or person or others;38595

       (2) Psychiatric and medical testimony as to the current 38596
mental and physical condition of the defendant or person;38597

       (3) Whether the defendant or person has insight into the 38598
dependant's or person's condition so that the defendant or person 38599
will continue treatment as prescribed or seek professional 38600
assistance as needed;38601

       (4) The grounds upon which the state relies for the proposed 38602
commitment;38603

       (5) Any past history that is relevant to establish the 38604
defendant's or person's degree of conformity to the laws, rules, 38605
regulations, and values of society;38606

       (6) If there is evidence that the defendant's or person's 38607
mental illness is in a state of remission, the medically suggested 38608
cause and degree of the remission and the probability that the 38609
defendant or person will continue treatment to maintain the 38610
remissive state of the defendant's or person's illness should the 38611
defendant's or person's commitment conditions be altered.38612

       (F) At any hearing held pursuant to division (C) or (D)(1) or 38613
(2) of this section, the defendant or the person shall have all 38614
the rights of a defendant or person at a commitment hearing as 38615
described in section 2945.40 of the Revised Code.38616

       (G) In a hearing held pursuant to division (C) or (D)(1) of 38617
this section, the prosecutor has the burden of proof as follows:38618

       (1) For a recommendation of termination of commitment, to 38619
show by clear and convincing evidence that the defendant or person 38620
remains a mentally ill person subject to hospitalization by court 38621
order or a mentally retarded person subject to 38622
institutionalization by court order;38623

       (2) For a recommendation for a change in the conditions of 38624
the commitment to a less restrictive status, to show by clear and 38625
convincing evidence that the proposed change represents a threat 38626
to public safety or a threat to the safety of any person.38627

       (H) In a hearing held pursuant to division (C) or (D)(1) or 38628
(2) of this section, the prosecutor shall represent the state or 38629
the public interest.38630

       (I) At the conclusion of a hearing conducted under division 38631
(D)(1) of this section regarding a recommendation from the chief 38632
clinical officerdesignee of the department of mental health, 38633
managing officer of the institution, or director of a hospital, 38634
program, or facility, the trial court may approve, disapprove, or 38635
modify the recommendation and shall enter an order accordingly.38636

       (J)(1) A defendant or person who has been committed pursuant 38637
to section 2945.39 or 2945.40 of the Revised Code continues to be 38638
under the jurisdiction of the trial court until the final 38639
termination of the commitment. For purposes of division (J) of 38640
this section, the final termination of a commitment occurs upon 38641
the earlier of one of the following:38642

       (a) The defendant or person no longer is a mentally ill 38643
person subject to hospitalization by court order or a mentally 38644
retarded person subject to institutionalization by court order, as 38645
determined by the trial court;38646

       (b) The expiration of the maximum prison term or term of 38647
imprisonment that the defendant or person could have received if 38648
the defendant or person had been convicted of the most serious 38649
offense with which the defendant or person is charged or in 38650
relation to which the defendant or person was found not guilty by 38651
reason of insanity;38652

       (c) The trial court enters an order terminating the 38653
commitment under the circumstances described in division 38654
(J)(2)(a)(ii) of this section.38655

       (2)(a) If a defendant is found incompetent to stand trial and 38656
committed pursuant to section 2945.39 of the Revised Code, if 38657
neither of the circumstances described in divisions (J)(1)(a) and 38658
(b) of this section applies to that defendant, and if a report 38659
filed with the trial court pursuant to division (C) of this 38660
section indicates that the defendant presently is competent to 38661
stand trial or if, at any other time during the period of the 38662
defendant's commitment, the prosecutor, the counsel for the 38663
defendant, or the chief clinical officerdesignee of the 38664
department of mental health or the managing officer of the 38665
institution or director of the hospital, facility, or program to 38666
which the defendant is committed files an application with the 38667
trial court alleging that the defendant presently is competent to 38668
stand trial and requesting a hearing on the competency issue or 38669
the trial court otherwise has reasonable cause to believe that the 38670
defendant presently is competent to stand trial and determines on 38671
its own motion to hold a hearing on the competency issue, the 38672
trial court shall schedule a hearing on the competency of the 38673
defendant to stand trial, shall give the prosecutor, the counsel 38674
for the defendant, and the chief clinical officerdepartment's 38675
designee or the managing officer of the institution or the 38676
director of the facility to which the defendant is committed38677
notice of the date, time, and place of the hearing at least 38678
fifteen days before the hearing, and shall conduct the hearing 38679
within thirty days of the filing of the application or of its own 38680
motion. If, at the conclusion of the hearing, the trial court 38681
determines that the defendant presently is capable of 38682
understanding the nature and objective of the proceedings against 38683
the defendant and of assisting in the defendant's defense, the 38684
trial court shall order that the defendant is competent to stand 38685
trial and shall be proceeded against as provided by law with 38686
respect to the applicable offenses described in division (C)(1) of 38687
section 2945.38 of the Revised Code and shall enter whichever of 38688
the following additional orders is appropriate:38689

       (i) If the trial court determines that the defendant remains 38690
a mentally ill person subject to hospitalization by court order or 38691
a mentally retarded person subject to institutionalization by 38692
court order, the trial court shall order that the defendant's 38693
commitment to the hospital,department of mental health or to an 38694
institution or facility, or programfor the treatment of 38695
developmental disabilities be continued during the pendency of the 38696
trial on the applicable offenses described in division (C)(1) of 38697
section 2945.38 of the Revised Code.38698

       (ii) If the trial court determines that the defendant no 38699
longer is a mentally ill person subject to hospitalization by 38700
court order or a mentally retarded person subject to 38701
institutionalization by court order, the trial court shall order 38702
that the defendant's commitment to the hospital,department of 38703
mental health or to an institution or facility, or programfor the 38704
treatment of developmental disabilities shall not be continued 38705
during the pendency of the trial on the applicable offenses 38706
described in division (C)(1) of section 2945.38 of the Revised 38707
Code. This order shall be a final termination of the commitment 38708
for purposes of division (J)(1)(c) of this section.38709

       (b) If, at the conclusion of the hearing described in 38710
division (J)(2)(a) of this section, the trial court determines 38711
that the defendant remains incapable of understanding the nature 38712
and objective of the proceedings against the defendant or of 38713
assisting in the defendant's defense, the trial court shall order 38714
that the defendant continues to be incompetent to stand trial, 38715
that the defendant's commitment to the hospital,department of 38716
mental health or to an institution or facility, or programfor the 38717
treatment of developmental disabilities shall be continued, and 38718
that the defendant remains subject to the jurisdiction of the 38719
trial court pursuant to that commitment, and to the provisions of 38720
this section, until the final termination of the commitment as 38721
described in division (J)(1) of this section.38722

       Sec. 2945.402.  (A) In approving a conditional release, the 38723
trial court may set any conditions on the release with respect to 38724
the treatment, evaluation, counseling, or control of the defendant 38725
or person that the court considers necessary to protect the public 38726
safety and the welfare of the defendant or person. The trial court 38727
may revoke a defendant's or person's conditional release and order 38728
rehospitalizationreinstatement of the previous placement or 38729
reinstitutionalization at any time the conditions of the release 38730
have not been satisfied, provided that the revocation shall be in 38731
accordance with this section.38732

       (B) A conditional release is a commitment. The hearings on 38733
continued commitment as described in section 2945.401 of the 38734
Revised Code apply to a defendant or person on conditional 38735
release.38736

       (C) A person, agency, or facility that is assigned to monitor 38737
a defendant or person on conditional release immediately shall 38738
notify the trial court on learning that the defendant or person 38739
being monitored has violated the terms of the conditional release. 38740
Upon learning of any violation of the terms of the conditional 38741
release, the trial court may issue a temporary order of detention 38742
or, if necessary, an arrest warrant for the defendant or person. 38743
Within ten court days after the defendant's or person's detention 38744
or arrest, the trial court shall conduct a hearing to determine 38745
whether the conditional release should be modified or terminated. 38746
At the hearing, the defendant or person shall have the same rights 38747
as are described in division (C) of section 2945.40 of the Revised 38748
Code. The trial court may order a continuance of the ten-court-day 38749
period for no longer than ten days for good cause shown or for any 38750
period on motion of the defendant or person. If the trial court 38751
fails to conduct the hearing within the ten-court-day period and 38752
does not order a continuance in accordance with this division, the 38753
defendant or person shall be restored to the prior conditional 38754
release status.38755

       (D) The trial court shall give all parties reasonable notice 38756
of a hearing conducted under this section. At the hearing, the 38757
prosecutor shall present the case demonstrating that the defendant 38758
or person violated the terms of the conditional release. If the 38759
court finds by a preponderance of the evidence that the defendant 38760
or person violated the terms of the conditional release, the court 38761
may continue, modify, or terminate the conditional release and 38762
shall enter its order accordingly.38763

       Sec. 2949.14.  Upon conviction of a nonindigent person for a 38764
felony, the clerk of the court of common pleas shall make and 38765
certify under histhe clerk's hand and seal of the court, a 38766
complete itemized bill of the costs made in such prosecution, 38767
including the sum paid by the board of county commissioners, 38768
certified by the county auditor, for the arrest and return of the 38769
person on the requisition of the governor, or on the request of 38770
the governor to the president of the United States, or on the 38771
return of the fugitive by a designated agent pursuant to a waiver 38772
of extradition except in cases of parole violation. Such bill of 38773
costs shall be presented by such clerk to the prosecuting 38774
attorney, who shall examine each item therein charged and certify 38775
to it if correct and legal. Upon certification by the prosecuting 38776
attorney, theThe clerk shall attempt to collect the costs from 38777
the person convicted.38778

       Sec. 3109.16.  The children's trust fund board, upon the 38779
recommendation of the director of job and family services, shall 38780
approve the employment of an executive director who will 38781
administer the programs of the board. The department of job and 38782
family services shall provide budgetary, procurement, accounting, 38783
and other related management functions for the board and may adopt 38784
rules in accordance with Chapter 119. of the Revised Code for 38785
these purposes. An amount not to exceed three per cent of the 38786
total amount of fees deposited in the children's trust fund in 38787
each fiscal year may be used for costs directly related to these 38788
administrative functions of the department. Each fiscal year, the 38789
board shall approve a budget for administrative expenditures for 38790
the next fiscal year.38791

       The board may request that the department adopt rules the 38792
board considers necessary for the purpose of carrying out the 38793
board's responsibilities under this section, and the department 38794
may adopt those rules. The department may, after consultation with 38795
the board and the executive director, adopt any other rules to 38796
assist the board in carrying out its responsibilities under this 38797
section. In either case, the rules shall be adopted under Chapter 38798
119. of the Revised Code.38799

       The board shall meet at least quarterly at the call of the 38800
chairperson to conduct its official business. All business 38801
transactions of the board shall be conducted in public meetings. 38802
Eight members of the board constitute a quorum. A majority of the 38803
board members is required to adopt the state plan for the 38804
allocation of funds from the children's trust fund. A majority of 38805
the quorum is required to make all other decisions of the board.38806

       The board may apply for and accept federal and other funds 38807
for the purpose of funding child abuse and child neglect 38808
prevention programs. In addition, the board may accept gifts and 38809
donations from any source, including individuals, philanthropic 38810
foundations or organizations, corporations, or corporation 38811
endowments. The acceptance and use of federal funds shall not 38812
entail any commitment or pledge of state funds, nor obligate the 38813
general assembly to continue the programs or activities for which 38814
the federal funds are made available. All funds received in the 38815
manner described in this section shall be transmitted to the 38816
treasurer of state, who shall credit them to the children's trust 38817
fund created in section 3109.14 of the Revised Code.38818

       Sec. 3109.17.  (A) For each fiscal biennium, the children's 38819
trust fund board shall establish a biennial state plan for 38820
comprehensive child abuse and child neglect prevention. The plan 38821
shall be transmitted to the governor, the president and minority 38822
leader of the senate, and the speaker and minority leader of the 38823
house of representatives and shall be made available to the 38824
general public. The board may define in the state plan the term 38825
"effective public notice." If the board does not define that term 38826
in the state plan, the board shall include in the state plan the 38827
definition of "effective public notice" specified in rules adopted 38828
by the department of job and family services.38829

       (B) In developing and carrying out the state plan, the 38830
children's trust fund board shall, in accordance with rules 38831
adopted by the department pursuant to Chapter 119. of the Revised 38832
Code, do all of the following:38833

       (1) Ensure that an opportunity exists for assistance through 38834
child abuse and child neglect prevention programs to persons 38835
throughout the state of various social and economic backgrounds;38836

       (2) Before the thirtieth day of October of each year, notify 38837
each child abuse and child neglect prevention advisory board of 38838
the amount estimated to be allocated to that advisory board for 38839
the following fiscal year;38840

       (3) Develop criteria for county or district local allocation 38841
plans, including criteria for determining the plans' 38842
effectiveness;38843

       (4) Review, and approve or disapprove, county or district 38844
local allocation plans, as described in section 3109.171 of the 38845
Revised Code;38846

       (5) Allocate funds to each child abuse and child neglect 38847
prevention advisory board for the purpose of funding child abuse 38848
and child neglect prevention programs. Funds shall be allocated 38849
among advisory boards according to a formula based on the ratio of 38850
the number of children under age eighteen in the county or 38851
multicounty district to the number of children under age eighteen 38852
in the state, as shown in the most recent federal decennial census 38853
of population. Subject to the availability of funds and except as 38854
provided in section 3109.171 of the Revised Code, each advisory 38855
board shall receive a minimum of ten thousand dollars per fiscal 38856
year. In the case of an advisory board that serves a multicounty 38857
district, the advisory board shall receive, subject to available 38858
funds and except as provided in section 3109.171 of the Revised 38859
Code, a minimum of ten thousand dollars per fiscal year for each 38860
county in the district. Funds shall be disbursed to the advisory 38861
boards twice annually. At least fifty per cent of the funds 38862
allocated to an advisory board for a fiscal year shall be 38863
disbursed to the advisory board not later than the thirtieth day 38864
of September. The remainder of the funds allocated to the advisory 38865
board for that fiscal year shall be disbursed before the 38866
thirty-first day of March.38867

       The board shall specify the criteria child abuse and child 38868
neglect prevention advisory boards are to use in reviewing 38869
applications under division (F)(3) of section 3109.18 of the 38870
Revised Code.38871

       (6) Allocate funds to entities other than child abuse and 38872
child neglect prevention advisory boards for the purpose of 38873
funding child abuse and child neglect prevention programs that 38874
have statewide significance and that have been approved by the 38875
children's trust fund board;38876

       (7) Allocate funds to children's crisis care facilities as 38877
defined in section 5103.13 of the Revised Code that have been 38878
approved by the children's trust fund board. The board shall 38879
subtract the amount of any funds allocated to a children's crisis 38880
care facility from the amount allocated pursuant to division 38881
(B)(5) of this section to the child abuse and child neglect 38882
prevention advisory board that serves the county or multicounty 38883
district in which the facility is located.38884

       (8) Provide for the monitoring of expenditures from the 38885
children's trust fund and of programs that receive money from the 38886
children's trust fund;38887

       (8)(9) Establish reporting requirements for advisory boards;38888

       (9)(10) Collaborate with appropriate persons and government 38889
entities and facilitate the exchange of information among those 38890
persons and entities for the purpose of child abuse and child 38891
neglect prevention;38892

       (10)(11) Provide for the education of the public and 38893
professionals for the purpose of child abuse and child neglect 38894
prevention;38895

       (11)(12) Create and provide to each advisory board a 38896
children's trust fund grant application form;38897

       (12)(13) Specify the information to be included in a 38898
semiannual and an annual report completed by a children's advocacy 38899
center for which a child abuse and child neglect prevention 38900
advisory board uses funds allocated to the advisory board under 38901
section 3109.172 of the Revised Code, and each other person or 38902
entity that is a recipient of a children's trust fund grant under 38903
division (K)(1) of section 3109.18 of the Revised Code.38904

       (C) The children's trust fund board shall prepare a report 38905
for each fiscal biennium that delineates the expenditure of money 38906
from the children's trust fund. On or before January 1, 2002, and 38907
on or before the first day of January of a year that follows the 38908
end of a fiscal biennium of this state, the board shall file a 38909
copy of the report with the governor, the president and minority 38910
leader of the senate, and the speaker and minority leader of the 38911
house of representatives.38912

       (D) The children's trust fund board shall develop a list of 38913
all state and federal sources of funding that might be available 38914
for establishing, operating, or establishing and operating a 38915
children's advocacy center under sections 2151.425 to 2151.428 of 38916
the Revised Code. The board periodically shall update the list as 38917
necessary. The board shall maintain, or provide for the 38918
maintenance of, the list at an appropriate location. That location 38919
may be the offices of the department of job and family services. 38920
The board shall provide the list upon request to any children's 38921
advocacy center or to any person or entity identified in section 38922
2151.426 of the Revised Code as a person or entity that may 38923
participate in the establishment of a children's advocacy center.38924

       Sec. 3111.04.  (A) An action to determine the existence or 38925
nonexistence of the father and child relationship may be brought 38926
by the child or the child's personal representative, the child's 38927
mother or her personal representative, a man alleged or alleging 38928
himself to be the child's father, the child support enforcement 38929
agency of the county in which the child resides if the child's 38930
mother, father, or alleged father is a recipient of public 38931
assistance or of services under Title IV-D of the "Social Security 38932
Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the 38933
alleged father's personal representative.38934

       (B) An agreement does not bar an action under this section.38935

       (C) If an action under this section is brought before the 38936
birth of the child and if the action is contested, all 38937
proceedings, except service of process and the taking of 38938
depositions to perpetuate testimony, may be stayed until after the 38939
birth.38940

       (D) A recipient of public assistance or of services under 38941
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 38942
U.S.C.A. 651, as amended, shall cooperate with the child support 38943
enforcement agency of the county in which a child resides to 38944
obtain an administrative determination pursuant to sections 38945
3111.38 to 3111.54 of the Revised Code, or, if necessary, a court 38946
determination pursuant to sections 3111.01 to 3111.18 of the 38947
Revised Code, of the existence or nonexistence of a parent and 38948
child relationship between the father and the child. If the 38949
recipient fails to cooperate, the agency may commence an action to 38950
determine the existence or nonexistence of a parent and child 38951
relationship between the father and the child pursuant to sections 38952
3111.01 to 3111.18 of the Revised Code.38953

       (E) As used in this section, "public assistance" means all of 38954
the following:38955

       (1) Medicaid under Chapter 5111. of the Revised Code;38956

       (2) Ohio works first under Chapter 5107. of the Revised Code;38957

       (3) Disability financial assistance under Chapter 5115. of 38958
the Revised Code;38959

       (4) Children's buy-in program under sections 5101.5211 to 38960
5101.5216 of the Revised Code.38961

       Sec. 3113.06.  No father, or mother when she is charged with 38962
the maintenance, of a child under eighteen years of age, or a 38963
mentally or physically handicapped child under age twenty-one, who 38964
is legally a ward of a public children services agency or is the 38965
recipient of aid pursuant to sections 5101.5211 to 5101.5216 or38966
Chapter 5107. or 5115. of the Revised Code, shall neglect or 38967
refuse to pay such agency the reasonable cost of maintaining such 38968
child when such father or mother is able to do so by reason of 38969
property, labor, or earnings.38970

       An offense under this section shall be held committed in the 38971
county in which the agency is located. The agency shall file 38972
charges against any parent who violates this section, unless the 38973
agency files charges under section 2919.21 of the Revised Code, or 38974
unless charges of nonsupport are filed by a relative or guardian 38975
of the child, or unless an action to enforce support is brought 38976
under Chapter 3115. of the Revised Code.38977

       Sec. 3119.54.  A party to a child support order issued in 38978
accordance with section 3119.30 of the Revised Code shall notify 38979
any physician, hospital, or other provider of medical services 38980
that provides medical services to the child who is the subject of 38981
the child support order of the number of any health insurance or 38982
health care policy, contract, or plan that covers the child if the 38983
child is eligible for medical assistance under sections 5101.5211 38984
to 5101.5216 or Chapter 5111. of the Revised Code. The party shall 38985
include in the notice the name and address of the insurer. Any 38986
physician, hospital, or other provider of medical services for 38987
which medical assistance is available under sections 5101.5211 to 38988
5101.5216 or Chapter 5111. of the Revised Code who is notified 38989
under this section of the existence of a health insurance or 38990
health care policy, contract, or plan with coverage for children 38991
who are eligible for medical assistance shall first bill the 38992
insurer for any services provided for those children. If the 38993
insurer fails to pay all or any part of a claim filed under this 38994
section and the services for which the claim is filed are covered 38995
by sections 5101.5211 to 5101.5216 or Chapter 5111. of the Revised 38996
Code, the physician, hospital, or other medical services provider 38997
shall bill the remaining unpaid costs of the services in 38998
accordance with sections 5101.5211 to 5101.5216 or Chapter 5111. 38999
of the Revised Code.39000

       Sec. 3121.48.  The office of child support shall maintain39001
administer a separate accountfund for the deposit of support 39002
payments it receives as trustee for remittance to the persons 39003
entitled to receive the support payments. The fund shall be in the 39004
custody of the treasurer of state, but shall not be part of the 39005
state treasury.39006

       Sec. 3123.44. (A) Notice shall be sent to an individual 39007
described in section 3123.42 of the Revised Code in compliance 39008
with section 3121.23 of the Revised Code. The notice shall specify 39009
that a court or child support enforcement agency has determined 39010
the individual to be in default under a child support order or 39011
that the individual is an obligor who has failed to comply with a 39012
subpoena or warrant issued by a court or agency with respect to a 39013
proceeding to enforce a child support order, that a notice 39014
containing the individual's name and social security number or 39015
other identification number may be sent to every board that has 39016
authority to issue or has issued the individual a license, and 39017
that, if the board receives that notice and determines that the 39018
individual is the individual named in that notice and the board 39019
has not received notice under section 3123.45 or 3123.46 of the 39020
Revised Code, all of the following will occur:39021

       (A)(1) The board will not issue any license to the individual 39022
or renew any license of the individual.39023

       (B)(2) The board will suspend any license of the individual 39024
if it determines that the individual is the individual named in 39025
the notice sent to the board under section 3123.43 of the Revised 39026
Code.39027

       (C)(3) If the individual is the individual named in the 39028
notice, the board will not issue any license to the individual, 39029
and will not reinstate a suspended license, until the board 39030
receives a notice under section 3123.45 or 3123.46 of the Revised 39031
Code.39032

       (B) If an agency makes the determination described in 39033
division (A) of section 3123.42 of the Revised Code, it shall not 39034
send the notice described in division (A) of this section unless 39035
both of the following are the case:39036

       (1) At least ninety days have elapsed since the final and 39037
enforceable determination of default;39038

       (2) In the preceding ninety days, the obligor has failed to 39039
pay at least fifty per cent of the arrearage through means other 39040
than those described in sections 3123.81 to 3123.85 of the Revised 39041
Code.39042

       (C) The department of job and family services shall adopt 39043
rules pursuant to section 3123.63 of the Revised Code establishing 39044
a uniform pre-suspension notice form that shall be used by 39045
agencies that send notice as required by this section.39046

       Sec. 3123.45.  A child support enforcement agency that sent a 39047
notice to a board of an individual's default under a child support 39048
order shall send to each board to which the agency sent the notice 39049
a further notice that the individual is not in default if it 39050
determines that the individual is not in default or any of the 39051
following occurs:39052

       (A) The individual makes full payment to the office of child 39053
support in the department of job and family services or, pursuant 39054
to sections 3125.27 to 3125.30 of the Revised Code, the child 39055
support enforcement agency of the arrearage that was the basis for 39056
the court or agency determination that the individual was in 39057
default.39058

       (B) AnThe individual has presented to the agency sufficient 39059
evidence of current employment or of an account in a financial 39060
institution, the agency has confirmed the individual's employment 39061
or the existence of the account, and an appropriate withholding or 39062
deduction notice or other appropriate order described in section 39063
3121.03, 3121.04, 3121.05, 3121.06, or 3121.12 of the Revised Code 39064
has been issued to collect current support and any arrearage due 39065
under the child support order that was in default, and the 39066
individual is complying with the notice or order.39067

       (C) A new child support order has been issued or the child 39068
support order that was in default, has been modified to collect 39069
current support and any arrearage due under the child support 39070
order that was in default, and the individual is complying with 39071
the new or modified child support orderThe individual presents 39072
evidence to the agency sufficient to establish that the individual 39073
is unable to work due to circumstances beyond the individual's 39074
control.39075

       The agency shall send the notice under this section not later 39076
than seven days after the agency determines the individual is not 39077
in default or that any of the circumstances specified in this 39078
section has occurred.39079

       Sec. 3123.55. (A) Notice shall be sent to the individual 39080
described in section 3123.543123.53 of the Revised Code in 39081
compliance with section 3121.23 of the Revised Code. The notice 39082
shall specify that a court or child support enforcement agency has 39083
determined the individual to be in default under a child support 39084
order or that the individual is an obligor under a child support 39085
order who has failed to comply with a subpoena or warrant issued 39086
by a court or agency with respect to a proceeding to enforce a 39087
child support order, that a notice containing the individual's 39088
name and social security number or other identification number may 39089
be sent to the registrar of motor vehicles, and that, if the 39090
registrar receives that notice and determines that the individual 39091
is the individual named in that notice and the registrar has not 39092
received notice under section 3123.56 or 3123.57 of the Revised 39093
Code, all of the following will occur:39094

       (A)(1) The registrar and all deputy registrars will be 39095
prohibited from issuing to the individual a driver's or commercial 39096
driver's license, motorcycle operator's license or endorsement, or 39097
temporary instruction permit or commercial driver's temporary 39098
instruction permit.39099

       (B)(2) The registrar and all deputy registrars will be 39100
prohibited from renewing for the individual a driver's or 39101
commercial driver's license, motorcycle operator's license or 39102
endorsement, or commercial driver's temporary instruction permit.39103

       (C)(3) If the individual holds a driver's or commercial 39104
driver's license, motorcycle operator's license or endorsement, or 39105
temporary instruction permit or commercial driver's temporary 39106
instruction permit, the registrar will impose a class F suspension 39107
under division (B)(6) of section 4510.02 of the Revised Code if 39108
the registrar determines that the individual is the individual 39109
named in the notice sent pursuant to section 3123.54 of the 39110
Revised Code.39111

       (D)(4) If the individual is the individual named in the 39112
notice, the individual will not be issued or have renewed any 39113
license, endorsement, or permit, and no suspension will be lifted 39114
with respect to any license, endorsement, or permit listed in this 39115
section until the registrar receives a notice under section 39116
3123.56 or 3123.57 of the Revised Code.39117

       (B) If an agency makes the determination described in 39118
division (A) of section 3123.53 of the Revised Code, it shall not 39119
send the notice described in division (A) of this section unless 39120
both of the following are the case:39121

       (1) At least ninety days have elapsed since the final and 39122
enforceable determination of default;39123

       (2) In the preceding ninety days, the obligor has failed to 39124
pay at least fifty per cent of the arrearage through means other 39125
than those described in sections 3123.81 to 3123.85 of the Revised 39126
Code.39127

       (C) The department of job and family services shall adopt 39128
rules pursuant to section 3123.63 of the Revised Code establishing 39129
a uniform pre-suspension notice form that shall be used by 39130
agencies that send notice as required by this section.39131

       Sec. 3123.56.  A child support enforcement agency that sent a 39132
notice under section 3123.54 of the Revised Code of an 39133
individual's default under a child support order shall send to the 39134
registrar of motor vehicles a notice that the individual is not in 39135
default if it determines that the individual is not in default or 39136
any of the following occurs:39137

       (A) The individual makes full payment to the office of child 39138
support or, pursuant to sections 3125.27 to 3125.30 of the Revised 39139
Code, to the child support enforcement agency of the arrearage 39140
that was the basis for the court or agency determination that the 39141
individual was in default.39142

       (B) AnThe individual has presented to the agency sufficient 39143
evidence of current employment or of an account in a financial 39144
institution, the agency has confirmed the individual's employment 39145
or the existence of the account, and an appropriate withholding or 39146
deduction notice or other appropriate order described in section 39147
3121.03, 3121.04, 3121.05, 3121.06, or 3121.12 of the Revised Code 39148
has been issued to collect current support and any arrearage due 39149
under the child support order that was in default, and the 39150
individual is complying with the notice or order.39151

       (C) A new child support order has been issued or the child 39152
support order that was in default has been modified to collect 39153
current support and any arrearage due under the child support 39154
order that was in default, and the individual is complying with 39155
the new or modified child support orderThe individual presents 39156
evidence to the agency sufficient to establish that the individual 39157
is unable to work due to circumstances beyond the individual's 39158
control.39159

       The agency shall send the notice under this section not later 39160
than seven days after it determines the individual is not in 39161
default or that any of the circumstances specified in this section 39162
has occurred.39163

       Sec. 3123.58.  (A) On receipt of a notice pursuant to section 39164
3123.54 of the Revised Code, the registrar of motor vehicles shall 39165
determine whether the individual named in the notice holds or has 39166
applied for a driver's license or commercial driver's license, 39167
motorcycle operator's license or endorsement, or temporary 39168
instruction permit or commercial driver's temporary instruction 39169
permit. If the registrar determines that the individual holds or 39170
has applied for a license, permit, or endorsement and the 39171
individual is the individual named in the notice and does not 39172
receive a notice pursuant to section 3123.56 or 3123.57 of the 39173
Revised Code, the registrar immediately shall provide notice of 39174
the determination to each deputy registrar. The registrar or a 39175
deputy registrar may not issue to the individual a driver's or 39176
commercial driver's license, motorcycle operator's license or 39177
endorsement, or temporary instruction permit or commercial 39178
driver's temporary instruction permit and may not renew for the 39179
individual a driver's or commercial driver's license, motorcycle 39180
operator's license or endorsement, or commercial driver's 39181
temporary instruction permit. The registrar or a deputy registrar 39182
also shall impose a class F suspension of the license, permit, or 39183
endorsement held by the individual under division (B)(6) of 39184
section 4510.02 of the Revised Code.39185

       (B) Prior to the date specified in section 3123.52 of the 39186
Revised Code, the registrar of motor vehicles or a deputy 39187
registrar shall do only the following with respect to an 39188
individual if the registrar makes the determination required under 39189
division (A) of this section and no notice is received concerning 39190
the individual under section 3123.56 or 3123.57 of the Revised 39191
Code:39192

       (1) Refuse to issue or renew the individual's commercial 39193
driver's license or commercial driver's temporary instruction 39194
permit;39195

       (2) Impose a class F suspension under division (B)(6) of 39196
section 4510.02 of the Revised Code on the individual with respect 39197
to the license or permit held by the individual.39198

       Sec. 3123.59.  Not later than seven days after receipt of a 39199
notice pursuant to section 3123.56 or 3123.57 of the Revised Code, 39200
the registrar of motor vehicles shall notify each deputy registrar 39201
of the notice. The registrar and each deputy registrar shall then, 39202
if the individual otherwise is eligible for the license, permit, 39203
or endorsement and wants the license, permit, or endorsement, 39204
issue a license, permit, or endorsement to, or renew a license, 39205
permit, or endorsement of, the individual, or, if the registrar 39206
imposed a class F suspension of the individual's license, permit, 39207
or endorsement pursuant to division (A) of section 3123.58 of the 39208
Revised Code, remove the suspension. On and after the date 39209
specified in section 3123.52 of the Revised Code, the registrar or 39210
a deputy registrar shall remove, after receipt of a notice under 39211
section 3123.56 or 3123.57 of the Revised Code, a class F 39212
suspension imposed on an individual with respect to a license or 39213
permit pursuant to division (B) of section 3123.58 of the Revised 39214
Code. The registrar or a deputy registrar may charge a fee of not 39215
more than twenty-five dollars for issuing or renewing or removing 39216
the suspension of a license, permit, or endorsement pursuant to 39217
this section. The fees collected by the registrar pursuant to this 39218
section shall be paid into the state bureau of motor vehicles fund 39219
established in section 4501.25 of the Revised Code.39220

       Sec. 3123.591. A child support enforcement agency may, 39221
pursuant to rules adopted under section 3123.63 of the Revised 39222
Code, direct the registrar of motor vehicles to eliminate from the 39223
abstract maintained by the bureau of motor vehicles any reference 39224
to the suspension of an individual's license, permit, or 39225
endorsement imposed under section 3123.58 of the Revised Code.39226

       Sec. 3123.63.  The director of job and family services may39227
shall adopt rules in accordance with Chapter 119. of the Revised 39228
Code to implement sections 3123.41 to 3123.50, 3123.523123.53 to 39229
3123.6143123.60, and 3123.62 of the Revised Code. The rules shall 39230
include both of the following:39231

       (A) Requirements concerning the contents of, and the 39232
conditions for issuance of, a notice required by section 3123.44 39233
or 3123.55 of the Revised Code. The rules shall require the 39234
contents of the notice to include information about the effect of 39235
a license suspension and appropriate steps that an individual can 39236
take to avoid license suspension.39237

       (B) Requirements concerning the authority of a child support 39238
enforcement agency to direct the registrar of motor vehicles to 39239
eliminate from the abstract maintained by the bureau of motor 39240
vehicles any reference to the suspension of an individual's 39241
license, permit, or endorsement imposed under section 3123.58 of 39242
the Revised Code.39243

       Sec. 3301.07.  The state board of education shall exercise 39244
under the acts of the general assembly general supervision of the 39245
system of public education in the state. In addition to the powers 39246
otherwise imposed on the state board under the provisions of law, 39247
the board shall have the powers described in this section.39248

       (A) The state board shall exercise policy forming, planning, 39249
and evaluative functions for the public schools of the state 39250
except as otherwise provided by law.39251

       (B)(1) The state board shall exercise leadership in the 39252
improvement of public education in this state, and administer the 39253
educational policies of this state relating to public schools, and 39254
relating to instruction and instructional material, building and 39255
equipment, transportation of pupils, administrative 39256
responsibilities of school officials and personnel, and finance 39257
and organization of school districts, educational service centers, 39258
and territory. Consultative and advisory services in such matters 39259
shall be provided by the board to school districts and educational 39260
service centers of this state. 39261

       (2) The state board also shall develop a standard of 39262
financial reporting which shall be used by each school district 39263
board of education and educational service center governing board 39264
to make its financial information and annual budgets for each 39265
school building under its control available to the public in a 39266
format understandable by the average citizen. The format shall 39267
show, among other things, at the district and educational service 39268
center level or at the school building level, as determined 39269
appropriate by the department of education, revenue by source; 39270
expenditures for salaries, wages, and benefits of employees, 39271
showing such amounts separately for classroom teachers, other 39272
employees required to hold licenses issued pursuant to sections 39273
3319.22 to 3319.31 of the Revised Code, and all other employees; 39274
expenditures other than for personnel, by category, including 39275
utilities, textbooks and other educational materials, equipment, 39276
permanent improvements, pupil transportation, extracurricular 39277
athletics, and other extracurricular activities; and per pupil 39278
expenditures.39279

       (C) The state board shall administer and supervise the 39280
allocation and distribution of all state and federal funds for 39281
public school education under the provisions of law, and may 39282
prescribe such systems of accounting as are necessary and proper 39283
to this function. It may require county auditors and treasurers, 39284
boards of education, educational service center governing boards, 39285
treasurers of such boards, teachers, and other school officers and 39286
employees, or other public officers or employees, to file with it 39287
such reports as it may prescribe relating to such funds, or to the 39288
management and condition of such funds.39289

       (D)(1) Wherever in Titles IX, XXIII, XXIX, XXXIII, XXXVII, 39290
XLVII, and LI of the Revised Code a reference is made to standards 39291
prescribed under this section or division (D) of this section, 39292
that reference shall be construed to refer to the standards 39293
prescribed under division (D)(2) of this section, unless the 39294
context specifically indicates a different meaning or intent.39295

        (2) The state board shall formulate and prescribe minimum 39296
standards to be applied to all elementary and secondary schools in 39297
this state for the purpose of requiring a general education of 39298
high quality. Such standards shall provide adequately for: the 39299
licensing of teachers, administrators, and other professional 39300
personnel and their assignment according to training and 39301
qualifications; efficient and effective instructional materials 39302
and equipment, including library facilities; the proper 39303
organization, administration, and supervision of each school, 39304
including regulations for preparing all necessary records and 39305
reports and the preparation of a statement of policies and 39306
objectives for each school; buildings, grounds, health and 39307
sanitary facilities and services; admission of pupils, and such 39308
requirements for their promotion from grade to grade as will 39309
assure that they are capable and prepared for the level of study 39310
to which they are certified; requirements for graduation; and such 39311
other factors as the board finds necessary.39312

       In the formulation and administration of such standards for 39313
nonpublic schools the board shall also consider the particular 39314
needs, methods and objectives of those schools, provided they do 39315
not conflict with the provision of a general education of a high 39316
quality and provided that regular procedures shall be followed for 39317
promotion from grade to grade of pupils who have met the 39318
educational requirements prescribed.39319

        In the formulation and administration of such standards as 39320
they relate to instructional materials and equipment in public 39321
schools, including library materials, the board shall require that 39322
the material and equipment be aligned with and promote skills 39323
expected under the statewide academic standards adopted under 39324
section 3301.079 of the Revised Code. 39325

        (3) In addition to the minimum standards required by division 39326
(D)(2) of this section, the state board shallmay formulate and 39327
prescribe the following additional minimum operating standards for 39328
school districts:39329

       (a) Standards for the effective and efficient organization, 39330
administration, and supervision of each school district so that it 39331
becomes a thinking and learning organization according to 39332
principles of systems design and collaborative professional 39333
learning communities research as defined by the superintendent of 39334
public instruction, including a focus on the personalized and 39335
individualized needs of each student; a shared responsibility 39336
among school boards, administrators, faculty, and staff to develop 39337
a common vision, mission, and set of guiding principles; a shared 39338
responsibility among school boards, administrators, faculty, and 39339
staff to engage in a process of collective inquiry, action 39340
orientation, and experimentation to ensure the academic success of 39341
all students; commitment to teaching and learning strategies that 39342
utilize technological tools and emphasize inter-disciplinary, 39343
real-world, project-based, and technology-oriented learning 39344
experiences to meet the individual needs of every student; 39345
commitment to high expectations for every student and commitment 39346
to closing the achievement gap so that all students achieve core 39347
knowledge and skills in accordance with the statewide academic 39348
standards adopted under section 3301.079 of the Revised Code; 39349
commitment to the use of assessments to diagnose the needs of each 39350
student; effective connections and relationships with families and 39351
others that support student success; and commitment to the use of 39352
positive behavior intervention supports throughout a district to 39353
ensure a safe and secure learning environment for all students;39354

       (b) Standards for the establishment of business advisory 39355
councils under section 3313.82 of the Revised Code;39356

        (c) Standards for school district organizational units, as 39357
defined in sections 3306.02 and 3306.04 of the Revised Code,39358
buildings that may require:39359

       (i) The effective and efficient organization, administration, 39360
and supervision of each school district organizational unit39361
building so that it becomes a thinking and learning organization 39362
according to principles of systems design and collaborative 39363
professional learning communities research as defined by the state 39364
superintendent, including a focus on the personalized and 39365
individualized needs of each student; a shared responsibility 39366
among organizational unitbuilding administrators, faculty, and 39367
staff to develop a common vision, mission, and set of guiding 39368
principles; a shared responsibility among organizational unit39369
building administrators, faculty, and staff to engage in a process 39370
of collective inquiry, action orientation, and experimentation to 39371
ensure the academic success of all students; commitment to job 39372
embedded professional development and professional mentoring and 39373
coaching; established periods of time for teachers to pursue 39374
planning time for the development of lesson plans, professional 39375
development, and shared learning; commitment to effective 39376
management strategies that allow administrators reasonable access 39377
to classrooms for observation and professional development 39378
experiences; commitment to teaching and learning strategies that 39379
utilize technological tools and emphasize inter-disciplinary, 39380
real-world, project-based, and technology-oriented learning 39381
experiences to meet the individual needs of every student; 39382
commitment to high expectations for every student and commitment 39383
to closing the achievement gap so that all students achieve core 39384
knowledge and skills in accordance with the statewide academic 39385
standards adopted under section 3301.079 of the Revised Code; 39386
commitment to the use of assessments to diagnose the needs of each 39387
student; effective connections and relationships with families and 39388
others that support student success; commitment to the use of 39389
positive behavior intervention supports throughout the 39390
organizational unitbuilding to ensure a safe and secure learning 39391
environment for all students; 39392

       (ii) A school organizational unitbuilding leadership team to 39393
coordinate positive behavior intervention supports, learning 39394
environments, thinking and learning systems, collaborative 39395
planning, planning time, student academic interventions, student 39396
extended learning opportunities, and other activities identified 39397
by the team and approved by the district board of education. The 39398
team shall include the building principal, representatives from 39399
each collective bargaining unit, the building leada classroom39400
teacher, parents, business representatives, and others that 39401
support student success. 39402

        (E) The state board may require as part of the health 39403
curriculum information developed under section 2108.34 of the 39404
Revised Code promoting the donation of anatomical gifts pursuant 39405
to Chapter 2108. of the Revised Code and may provide the 39406
information to high schools, educational service centers, and 39407
joint vocational school district boards of education;39408

       (F) The state board shall prepare and submit annually to the 39409
governor and the general assembly a report on the status, needs, 39410
and major problems of the public schools of the state, with 39411
recommendations for necessary legislative action and a ten-year 39412
projection of the state's public and nonpublic school enrollment, 39413
by year and by grade level.39414

       (G) The state board shall prepare and submit to the director 39415
of budget and management the biennial budgetary requests of the 39416
state board of education, for its agencies and for the public 39417
schools of the state.39418

       (H) The state board shall cooperate with federal, state, and 39419
local agencies concerned with the health and welfare of children 39420
and youth of the state.39421

       (I) The state board shall require such reports from school 39422
districts and educational service centers, school officers, and 39423
employees as are necessary and desirable. The superintendents and 39424
treasurers of school districts and educational service centers 39425
shall certify as to the accuracy of all reports required by law or 39426
state board or state department of education rules to be submitted 39427
by the district or educational service center and which contain 39428
information necessary for calculation of state funding. Any 39429
superintendent who knowingly falsifies such report shall be 39430
subject to license revocation pursuant to section 3319.31 of the 39431
Revised Code.39432

       (J) In accordance with Chapter 119. of the Revised Code, the 39433
state board shall adopt procedures, standards, and guidelines for 39434
the education of children with disabilities pursuant to Chapter 39435
3323. of the Revised Code, including procedures, standards, and 39436
guidelines governing programs and services operated by county 39437
boards of developmental disabilities pursuant to section 3323.09 39438
of the Revised Code.39439

       (K) For the purpose of encouraging the development of special 39440
programs of education for academically gifted children, the state 39441
board shall employ competent persons to analyze and publish data, 39442
promote research, advise and counsel with boards of education, and 39443
encourage the training of teachers in the special instruction of 39444
gifted children. The board may provide financial assistance out of 39445
any funds appropriated for this purpose to boards of education and 39446
educational service center governing boards for developing and 39447
conducting programs of education for academically gifted children.39448

       (L) The state board shall require that all public schools 39449
emphasize and encourage, within existing units of study, the 39450
teaching of energy and resource conservation as recommended to 39451
each district board of education by leading business persons 39452
involved in energy production and conservation, beginning in the 39453
primary grades.39454

       (M) The state board shall formulate and prescribe minimum 39455
standards requiring the use of phonics as a technique in the 39456
teaching of reading in grades kindergarten through three. In 39457
addition, the state board shall provide in-service training 39458
programs for teachers on the use of phonics as a technique in the 39459
teaching of reading in grades kindergarten through three.39460

       (N) The state board may adopt rules necessary for carrying 39461
out any function imposed on it by law, and may provide rules as 39462
are necessary for its government and the government of its 39463
employees, and may delegate to the superintendent of public 39464
instruction the management and administration of any function 39465
imposed on it by law. It may provide for the appointment of board 39466
members to serve on temporary committees established by the board 39467
for such purposes as are necessary. Permanent or standing 39468
committees shall not be created.39469

        (O) Upon application from the board of education of a school 39470
district, the superintendent of public instruction may issue a 39471
waiver exempting the district from compliance with the standards 39472
adopted under divisions (B)(2) and (D) of this section, as they 39473
relate to the operation of a school operated by the district. The 39474
state board shall adopt standards for the approval or disapproval 39475
of waivers under this division. The state superintendent shall 39476
consider every application for a waiver, and shall determine 39477
whether to grant or deny a waiver in accordance with the state 39478
board's standards. For each waiver granted, the state 39479
superintendent shall specify the period of time during which the 39480
waiver is in effect, which shall not exceed five years. A district 39481
board may apply to renew a waiver.39482

       Sec. 3301.071.  (A)(1) In the case of nontax-supported 39483
schools, standards for teacher certification prescribed under 39484
section 3301.07 of the Revised Code shall provide for 39485
certification, without further educational requirements, of any 39486
administrator, supervisor, or teacher who has attended and 39487
received a bachelor's degree from a college or university 39488
accredited by a national or regional association in the United 39489
States except that, at the discretion of the state board of 39490
education, this requirement may be met by having an equivalent 39491
degree from a foreign college or university of comparable 39492
standing.39493

       (2) In the case of nonchartered, nontax-supported schools, 39494
the standards for teacher certification prescribed under section 39495
3301.07 of the Revised Code shall provide for certification, 39496
without further educational requirements, of any administrator, 39497
supervisor, or teacher who has attended and received a diploma 39498
from a "bible college" or "bible institute" described in division 39499
(E) of section 1713.02 of the Revised Code.39500

       (3) A certificate issued under division (A)(3) of this 39501
section shall be valid only for teaching foreign language, music, 39502
religion, computer technology, or fine arts.39503

       Notwithstanding division (A)(1) of this section, the 39504
standards for teacher certification prescribed under section 39505
3301.07 of the Revised Code shall provide for certification of a 39506
person as a teacher upon receipt by the state board of an 39507
affidavit signed by the chief administrative officer of a 39508
chartered nonpublic school seeking to employ the person, stating 39509
that the person meets one of the following conditions:39510

       (a) The person has specialized knowledge, skills, or 39511
expertise that qualifies the person to provide instruction.39512

       (b) The person has provided to the chief administrative 39513
officer evidence of at least three years of teaching experience in 39514
a public or nonpublic school.39515

       (c) The person has provided to the chief administrative 39516
officer evidence of completion of a teacher training program named 39517
in the affidavit.39518

       (B) Each person applying for a certificate under this section 39519
for purposes of serving in a nonpublic school chartered by the 39520
state board under section 3301.16 of the Revised Code shall pay a 39521
fee in the amount established under division (A) of section 39522
3319.51 of the Revised Code. Any fees received under this division 39523
shall be paid into the state treasury to the credit of the state 39524
board of education certification fund established under division 39525
(B) of section 3319.51 of the Revised Code.39526

       (C) A person applying for or holding any certificate pursuant 39527
to this section for purposes of serving in a nonpublic school 39528
chartered by the state board is subject to sections 3123.41 to 39529
3123.50 of the Revised Code and any applicable rules adopted under 39530
section 3123.63 of the Revised Code and sections 3319.31 and 39531
3319.311 of the Revised Code.39532

       (D) Divisions (B) and (C) of this section and sections 39533
3319.291, 3319.31, and 3319.311 of the Revised Code do not apply 39534
to any administrators, supervisors, or teachers in nonchartered, 39535
nontax-supported schools.39536

       Sec. 3301.079.  (A)(1) Not later than June 30, 2010, and at 39537
least once every five years thereafter, the state board of 39538
education shall adopt statewide academic standards with emphasis 39539
on coherence, focus, and rigor for each of grades kindergarten 39540
through twelve in English language arts, mathematics, science, and 39541
social studies.39542

       The standards shall specify the following:39543

       (a) The core academic content and skills that students are 39544
expected to know and be able to do at each grade level that will 39545
allow each student to be prepared for postsecondary instruction 39546
and the workplace for success in the twenty-first century;39547

       (b) The development of skill sets as they relate to 39548
creativity and innovation, critical thinking and problem solving, 39549
and communication and collaboration;39550

       (c) The development of skill sets that promote information, 39551
media, and technological literacy;39552

       (d) The development of skill sets that promote personal 39553
management, productivity and accountability, and leadership and 39554
responsibility;39555

       (e)(c) Interdisciplinary, project-based, real-world learning 39556
opportunities.39557

       (2) After completing the standards required by division 39558
(A)(1) of this section, the state board shall adopt standards and 39559
model curricula for instruction in computer literacy, financial 39560
literacy and entrepreneurship, fine arts, and foreign language for 39561
grades kindergarten through twelve. The standards shall meet the 39562
same requirements prescribed in divisions (A)(1)(a) to (e)(c) of 39563
this section. 39564

       (3) The state board shall adopt the most recent standards 39565
developed by the national association for sport and physical 39566
education for physical education in grades kindergarten through 39567
twelve or shall adopt its own standards for physical education in 39568
those grades and revise and update them periodically. 39569

       The department shall employ a full-time physical education 39570
coordinator to provide guidance and technical assistance to 39571
districts, community schools, and STEM schools in implementing the 39572
physical education standards adopted under this division. The 39573
superintendent of public instruction shall determine that the 39574
person employed as coordinator is qualified for the position, as 39575
demonstrated by possessing an adequate combination of education, 39576
license, and experience.39577

       (4) When academic standards have been completed for any 39578
subject area required by this section, the state board shall 39579
inform all school districts, all community schools established 39580
under Chapter 3314. of the Revised Code, all STEM schools 39581
established under Chapter 3326. of the Revised Code, and all 39582
nonpublic schools required to administer the assessments 39583
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code 39584
of the content of those standards.39585

       (B) Not later than March 31, 2011, the state board shall 39586
adopt a model curriculum for instruction in each subject area for 39587
which updated academic standards are required by division (A)(1) 39588
of this section and for each of grades kindergarten through twelve 39589
that is sufficient to meet the needs of students in every 39590
community. The model curriculum shall be aligned with the 39591
standards, to ensure that the academic content and skills 39592
specified for each grade level are taught to students, and shall 39593
demonstrate vertical articulation and emphasize coherence, focus, 39594
and rigor. When any model curriculum has been completed, the state 39595
board shall inform all school districts, community schools, and 39596
STEM schools of the content of that model curriculum.39597

       All school districts, community schools, and STEM schools may 39598
utilize the state standards and the model curriculum established 39599
by the state board, together with other relevant resources, 39600
examples, or models to ensure that students have the opportunity 39601
to attain the academic standards. Upon request, the department of 39602
education shall provide technical assistance to any district, 39603
community school, or STEM school in implementing the model 39604
curriculum.39605

       Nothing in this section requires any school district to 39606
utilize all or any part of a model curriculum developed under this 39607
division.39608

       (C) The state board shall develop achievement assessments 39609
aligned with the academic standards and model curriculum for each 39610
of the subject areas and grade levels required by divisions (A)(1) 39611
and (B)(1) of section 3301.0710 of the Revised Code.39612

       When any achievement assessment has been completed, the state 39613
board shall inform all school districts, community schools, STEM 39614
schools, and nonpublic schools required to administer the 39615
assessment of its completion, and the department of education 39616
shall make the achievement assessment available to the districts 39617
and schools. 39618

       (D)(1) The state board shall adopt a diagnostic assessment 39619
aligned with the academic standards and model curriculum for each 39620
of grades kindergarten through two in English language arts and 39621
mathematics and for grade three in English language arts. The 39622
diagnostic assessment shall be designed to measure student 39623
comprehension of academic content and mastery of related skills 39624
for the relevant subject area and grade level. Any diagnostic 39625
assessment shall not include components to identify gifted 39626
students. Blank copies of diagnostic assessments shall be public 39627
records.39628

       (2) When each diagnostic assessment has been completed, the 39629
state board shall inform all school districts of its completion 39630
and the department of education shall make the diagnostic 39631
assessment available to the districts at no cost to the district. 39632
School districts shall administer the diagnostic assessment 39633
pursuant to section 3301.0715 of the Revised Code beginning the 39634
first school year following the development of the assessment.39635

       (E) The state board shall not adopt a diagnostic or 39636
achievement assessment for any grade level or subject area other 39637
than those specified in this section.39638

       (F) Whenever the state board or the department of education 39639
consults with persons for the purpose of drafting or reviewing any 39640
standards, diagnostic assessments, achievement assessments, or 39641
model curriculum required under this section, the state board or 39642
the department shall first consult with parents of students in 39643
kindergarten through twelfth grade and with active Ohio classroom 39644
teachers, other school personnel, and administrators with 39645
expertise in the appropriate subject area. Whenever practicable, 39646
the state board and department shall consult with teachers 39647
recognized as outstanding in their fields.39648

       If the department contracts with more than one outside entity 39649
for the development of the achievement assessments required by 39650
this section, the department shall ensure the interchangeability 39651
of those assessments.39652

       (G) The fairness sensitivity review committee, established by 39653
rule of the state board of education, shall not allow any question 39654
on any achievement or diagnostic assessment developed under this 39655
section or any proficiency test prescribed by former section 39656
3301.0710 of the Revised Code, as it existed prior to September 39657
11, 2001, to include, be written to promote, or inquire as to 39658
individual moral or social values or beliefs. The decision of the 39659
committee shall be final. This section does not create a private 39660
cause of action.39661

       (H) Not later than forty-five days prior to the initial 39662
deadline established under division (A)(1) of this section and the 39663
deadline established under division (B) of this section, the 39664
superintendent of public instruction shall present the academic 39665
standards or model curricula, as applicable, to the respective 39666
committees of the house of representatives and senate that 39667
consider education legislation.39668

        (I) As used in this section:39669

       (1) "Coherence" means a reflection of the structure of the 39670
discipline being taught.39671

       (2) "Focus" means limiting the number of items included in a 39672
curriculum to allow for deeper exploration of the subject matter. 39673

       (3) "Rigor" means more challenging and demanding when 39674
compared to international standards.39675

       (4) "Vertical articulation" means key academic concepts and 39676
skills associated with mastery in particular content areas should 39677
be articulated and reinforced in a developmentally appropriate 39678
manner at each grade level so that over time students acquire a 39679
depth of knowledge and understanding in the core academic 39680
disciplines.39681

       Sec. 3301.0710.  The state board of education shall adopt 39682
rules establishing a statewide program to assess student 39683
achievement. The state board shall ensure that all assessments 39684
administered under the program are aligned with the academic 39685
standards and model curricula adopted by the state board and are 39686
created with input from Ohio parents, Ohio classroom teachers, 39687
Ohio school administrators, and other Ohio school personnel 39688
pursuant to section 3301.079 of the Revised Code.39689

       The assessment program shall be designed to ensure that 39690
students who receive a high school diploma demonstrate at least 39691
high school levels of achievement in English language arts, 39692
mathematics, science, and social studies, and other skills 39693
necessary in the twenty-first century.39694

       (A)(1) The state board shall prescribe all of the following:39695

       (a) Two statewide achievement assessments, one each designed 39696
to measure the level of English language arts and mathematics 39697
skill expected at the end of third grade;39698

       (b) Two statewide achievement assessments, one each designed 39699
to measure the level of English language arts and mathematics 39700
skill expected at the end of fourth grade;39701

       (c) Four statewide achievement assessments, one each designed 39702
to measure the level of English language arts, mathematics, 39703
science, and social studies skill expected at the end of fifth 39704
grade;39705

       (d) Two statewide achievement assessments, one each designed 39706
to measure the level of English language arts and mathematics 39707
skill expected at the end of sixth grade;39708

       (e) Two statewide achievement assessments, one each designed 39709
to measure the level of English language arts and mathematics 39710
skill expected at the end of seventh grade;39711

        (f) Four statewide achievement assessments, one each designed 39712
to measure the level of English language arts, mathematics, 39713
science, and social studies skill expected at the end of eighth 39714
grade.39715

       (2) The state board shall determine and designate at least 39716
three ranges of scores on each of the achievement assessments 39717
described in divisions (A)(1) and (B)(1) of this section. Each 39718
range of scores shall be deemed to demonstrate a level of 39719
achievement so that any student attaining a score within such 39720
range has achieved one of the following:39721

       (a) An advanced level of skill;39722

       (b) A proficient level of skill;39723

       (c) A limited level of skill.39724

       (B)(1) The assessments prescribed under division (B)(1) of 39725
this section shall collectively be known as the Ohio graduation 39726
tests. The state board shall prescribe five statewide high school 39727
achievement assessments, one each designed to measure the level of 39728
reading, writing, mathematics, science, and social studies skill 39729
expected at the end of tenth grade. The state board shall 39730
designate a score in at least the range designated under division 39731
(A)(2)(b) of this section on each such assessment that shall be 39732
deemed to be a passing score on the assessment as a condition 39733
toward granting high school diplomas under sections 3313.61, 39734
3313.611, 3313.612, and 3325.08 of the Revised Code until the 39735
assessment system prescribed by section 3301.0712 of the Revised 39736
Code is implemented in accordance with rules adopted by the state 39737
board under division (E)(D) of that section.39738

       (2) The state board shall prescribe an assessment system in 39739
accordance with section 3301.0712 of the Revised Code that shall 39740
replace the Ohio graduation tests in the manner prescribed by 39741
rules adopted by the state board under division (E)(D) of that 39742
section.39743

       (3) The state board may enter into a reciprocal agreement 39744
with the appropriate body or agency of any other state that has 39745
similar statewide achievement assessment requirements for 39746
receiving high school diplomas, under which any student who has 39747
met an achievement assessment requirement of one state is 39748
recognized as having met the similar requirement of the other 39749
state for purposes of receiving a high school diploma. For 39750
purposes of this section and sections 3301.0711 and 3313.61 of the 39751
Revised Code, any student enrolled in any public high school in 39752
this state who has met an achievement assessment requirement 39753
specified in a reciprocal agreement entered into under this 39754
division shall be deemed to have attained at least the applicable 39755
score designated under this division on each assessment required 39756
by division (B)(1) or (2) of this section that is specified in the 39757
agreement.39758

       (C) The superintendent of public instruction shall designate 39759
dates and times for the administration of the assessments 39760
prescribed by divisions (A) and (B) of this section.39761

       In prescribing administration dates pursuant to this 39762
division, the superintendent shall designate the dates in such a 39763
way as to allow a reasonable length of time between the 39764
administration of assessments prescribed under this section and 39765
any administration of the national assessment of educational 39766
progress given to students in the same grade level pursuant to 39767
section 3301.27 of the Revised Code or federal law.39768

       (D) The state board shall prescribe a practice version of 39769
each Ohio graduation test described in division (B)(1) of this 39770
section that is of comparable length to the actual test.39771

       (E) Any committee established by the department of education 39772
for the purpose of making recommendations to the state board 39773
regarding the state board's designation of scores on the 39774
assessments described by this section shall inform the state board 39775
of the probable percentage of students who would score in each of 39776
the ranges established under division (A)(2) of this section on 39777
the assessments if the committee's recommendations are adopted by 39778
the state board. To the extent possible, these percentages shall 39779
be disaggregated by gender, major racial and ethnic groups, 39780
limited English proficient students, economically disadvantaged 39781
students, students with disabilities, and migrant students.39782

       If the state board intends to make any change to the 39783
committee's recommendations, the state board shall explain the 39784
intended change to the Ohio accountability task force established 39785
by section 3302.021 of the Revised Code. The task force shall 39786
recommend whether the state board should proceed to adopt the 39787
intended change. Nothing in this division shall require the state 39788
board to designate assessment scores based upon the 39789
recommendations of the task force.39790

       Sec. 3301.0711.  (A) The department of education shall:39791

       (1) Annually furnish to, grade, and score all assessments 39792
required by divisions (A)(1) and (B)(1) of section 3301.0710 of 39793
the Revised Code to be administered by city, local, exempted 39794
village, and joint vocational school districts, except that each 39795
district shall score any assessment administered pursuant to 39796
division (B)(10) of this section. Each assessment so furnished 39797
shall include the data verification code of the student to whom 39798
the assessment will be administered, as assigned pursuant to 39799
division (D)(2) of section 3301.0714 of the Revised Code. In 39800
furnishing the practice versions of Ohio graduation tests 39801
prescribed by division (D) of section 3301.0710 of the Revised 39802
Code, the department shall make the tests available on its web 39803
site for reproduction by districts. In awarding contracts for 39804
grading assessments, the department shall give preference to 39805
Ohio-based entities employing Ohio residents.39806

       (2) Adopt rules for the ethical use of assessments and 39807
prescribing the manner in which the assessments prescribed by 39808
section 3301.0710 of the Revised Code shall be administered to 39809
students.39810

       (B) Except as provided in divisions (C) and (J) of this 39811
section, the board of education of each city, local, and exempted 39812
village school district shall, in accordance with rules adopted 39813
under division (A) of this section:39814

       (1) Administer the English language arts assessments 39815
prescribed under division (A)(1)(a) of section 3301.0710 of the 39816
Revised Code twice annually to all students in the third grade who 39817
have not attained the score designated for that assessment under 39818
division (A)(2)(b) of section 3301.0710 of the Revised Code.39819

       (2) Administer the mathematics assessment prescribed under 39820
division (A)(1)(a) of section 3301.0710 of the Revised Code at 39821
least once annually to all students in the third grade.39822

       (3) Administer the assessments prescribed under division 39823
(A)(1)(b) of section 3301.0710 of the Revised Code at least once 39824
annually to all students in the fourth grade.39825

       (4) Administer the assessments prescribed under division 39826
(A)(1)(c) of section 3301.0710 of the Revised Code at least once 39827
annually to all students in the fifth grade.39828

       (5) Administer the assessments prescribed under division 39829
(A)(1)(d) of section 3301.0710 of the Revised Code at least once 39830
annually to all students in the sixth grade.39831

       (6) Administer the assessments prescribed under division 39832
(A)(1)(e) of section 3301.0710 of the Revised Code at least once 39833
annually to all students in the seventh grade.39834

       (7) Administer the assessments prescribed under division 39835
(A)(1)(f) of section 3301.0710 of the Revised Code at least once 39836
annually to all students in the eighth grade.39837

       (8) Except as provided in division (B)(9) of this section, 39838
administer any assessment prescribed under division (B)(1) of 39839
section 3301.0710 of the Revised Code as follows:39840

       (a) At least once annually to all tenth grade students and at 39841
least twice annually to all students in eleventh or twelfth grade 39842
who have not yet attained the score on that assessment designated 39843
under that division;39844

       (b) To any person who has successfully completed the 39845
curriculum in any high school or the individualized education 39846
program developed for the person by any high school pursuant to 39847
section 3323.08 of the Revised Code but has not received a high 39848
school diploma and who requests to take such assessment, at any 39849
time such assessment is administered in the district.39850

       (9) In lieu of the board of education of any city, local, or 39851
exempted village school district in which the student is also 39852
enrolled, the board of a joint vocational school district shall 39853
administer any assessment prescribed under division (B)(1) of 39854
section 3301.0710 of the Revised Code at least twice annually to 39855
any student enrolled in the joint vocational school district who 39856
has not yet attained the score on that assessment designated under 39857
that division. A board of a joint vocational school district may 39858
also administer such an assessment to any student described in 39859
division (B)(8)(b) of this section.39860

       (10) If the district has been declared to be under an 39861
academic watch or in a state of academic emergency pursuant to 39862
section 3302.03 of the Revised Code or has a three-year average 39863
graduation rate of not more than seventy-five per cent, administer 39864
each assessment prescribed by division (D) of section 3301.0710 of 39865
the Revised Code in September to all ninth grade students, 39866
beginning in the school year that starts July 1, 2005.39867

       Except as provided in section 3313.614 of the Revised Code 39868
for administration of an assessment to a person who has fulfilled 39869
the curriculum requirement for a high school diploma but has not 39870
passed one or more of the required assessments, the assessments 39871
prescribed under division (B)(1) of section 3301.0710 of the 39872
Revised Code and the practice assessments prescribed under 39873
division (D) of that section and required to be administered under 39874
divisions (B)(8), (9), and (10) of this section shall not be 39875
administered after the assessment system prescribed by division 39876
(B)(2) of section 3301.0710 and section 3301.0712 of the Revised 39877
Code is implemented under rule of the state board adopted under 39878
division (E)(D)(1) of section 3301.0712 of the Revised Code. 39879

       (11) Administer the assessments prescribed by division (B)(2) 39880
of section 3301.0710 and section 3301.0712 of the Revised Code in 39881
accordance with the timeline and plan for implementation of those 39882
assessments prescribed by rule of the state board adopted under 39883
division (E)(D)(1) of section 3301.0712 of the Revised Code.39884

       (C)(1)(a) AnyIn the case of a student receiving special 39885
education services under Chapter 3323. of the Revised Code, the 39886
individualized education program developed for the student under 39887
that chapter shall specify the manner in which the student will 39888
participate in the assessments administered under this section. 39889
The individualized education program may be excusedexcuse the 39890
student from taking any particular assessment required to be 39891
administered under this section if the individualized education 39892
program developed for the student pursuant to section 3323.08 of 39893
the Revised Code excuses the student from taking that assessment 39894
andit instead specifies an alternate assessment method approved 39895
by the department of education as conforming to requirements of 39896
federal law for receipt of federal funds for disadvantaged pupils. 39897
To the extent possible, the individualized education program shall 39898
not excuse the student from taking an assessment unless no 39899
reasonable accommodation can be made to enable the student to take 39900
the assessment.39901

       (b) Any alternate assessment approved by the department for a 39902
student under this division shall produce measurable results 39903
comparable to those produced by the assessment it replaces in 39904
order to allow for the student's results to be included in the 39905
data compiled for a school district or building under section 39906
3302.03 of the Revised Code.39907

       (c) Any student enrolled in a chartered nonpublic school who 39908
has been identified, based on an evaluation conducted in 39909
accordance with section 3323.03 of the Revised Code or section 504 39910
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A. 39911
794, as amended, as a child with a disability shall be excused 39912
from taking any particular assessment required to be administered 39913
under this section if a plan developed for the student pursuant to 39914
rules adopted by the state board excuses the student from taking 39915
that assessment. In the case of any student so excused from taking 39916
an assessment, the chartered nonpublic school shall not prohibit 39917
the student from taking the assessment.39918

       (2) A district board may, for medical reasons or other good 39919
cause, excuse a student from taking an assessment administered 39920
under this section on the date scheduled, but that assessment 39921
shall be administered to the excused student not later than nine 39922
days following the scheduled date. The district board shall 39923
annually report the number of students who have not taken one or 39924
more of the assessments required by this section to the state 39925
board of education not later than the thirtieth day of June.39926

       (3) As used in this division, "limited English proficient 39927
student" has the same meaning as in 20 U.S.C. 7801.39928

       No school district board shall excuse any limited English 39929
proficient student from taking any particular assessment required 39930
to be administered under this section, except that any limited 39931
English proficient student who has been enrolled in United States 39932
schools for less than one full school year shall not be required 39933
to take any reading, writing, or English language arts assessment. 39934
However, no board shall prohibit a limited English proficient 39935
student who is not required to take an assessment under this 39936
division from taking the assessment. A board may permit any 39937
limited English proficient student to take an assessment required 39938
to be administered under this section with appropriate 39939
accommodations, as determined by the department. For each limited 39940
English proficient student, each school district shall annually 39941
assess that student's progress in learning English, in accordance 39942
with procedures approved by the department.39943

       The governing authority of a chartered nonpublic school may 39944
excuse a limited English proficient student from taking any 39945
assessment administered under this section. However, no governing 39946
authority shall prohibit a limited English proficient student from 39947
taking the assessment.39948

       (D)(1) In the school year next succeeding the school year in 39949
which the assessments prescribed by division (A)(1) or (B)(1) of 39950
section 3301.0710 of the Revised Code or former division (A)(1), 39951
(A)(2), or (B) of section 3301.0710 of the Revised Code as it 39952
existed prior to September 11, 2001, are administered to any 39953
student, the board of education of any school district in which 39954
the student is enrolled in that year shall provide to the student 39955
intervention services commensurate with the student's performance, 39956
including any intensive intervention required under section 39957
3313.608 of the Revised Code, in any skill in which the student 39958
failed to demonstrate at least a score at the proficient level on 39959
the assessment.39960

       (2) Following any administration of the assessments 39961
prescribed by division (D) of section 3301.0710 of the Revised 39962
Code to ninth grade students, each school district that has a 39963
three-year average graduation rate of not more than seventy-five 39964
per cent shall determine for each high school in the district 39965
whether the school shall be required to provide intervention 39966
services to any students who took the assessments. In determining 39967
which high schools shall provide intervention services based on 39968
the resources available, the district shall consider each school's 39969
graduation rate and scores on the practice assessments. The 39970
district also shall consider the scores received by ninth grade 39971
students on the English language arts and mathematics assessments 39972
prescribed under division (A)(1)(f) of section 3301.0710 of the 39973
Revised Code in the eighth grade in determining which high schools 39974
shall provide intervention services.39975

       Each high school selected to provide intervention services 39976
under this division shall provide intervention services to any 39977
student whose results indicate that the student is failing to make 39978
satisfactory progress toward being able to attain scores at the 39979
proficient level on the Ohio graduation tests. Intervention 39980
services shall be provided in any skill in which a student 39981
demonstrates unsatisfactory progress and shall be commensurate 39982
with the student's performance. Schools shall provide the 39983
intervention services prior to the end of the school year, during 39984
the summer following the ninth grade, in the next succeeding 39985
school year, or at any combination of those times.39986

       (E) Except as provided in section 3313.608 of the Revised 39987
Code and division (M) of this section, no school district board of 39988
education shall utilize any student's failure to attain a 39989
specified score on an assessment administered under this section 39990
as a factor in any decision to deny the student promotion to a 39991
higher grade level. However, a district board may choose not to 39992
promote to the next grade level any student who does not take an 39993
assessment administered under this section or make up an 39994
assessment as provided by division (C)(2) of this section and who 39995
is not exempt from the requirement to take the assessment under 39996
division (C)(3) of this section.39997

       (F) No person shall be charged a fee for taking any 39998
assessment administered under this section.39999

       (G)(1) Each school district board shall designate one 40000
location for the collection of assessments administered in the 40001
spring under division (B)(1) of this section and those 40002
administered under divisions (B)(2) to (7) of this section. Each 40003
district board shall submit the assessments to the entity with 40004
which the department contracts for the scoring of the assessments 40005
as follows:40006

        (a) If the district's total enrollment in grades kindergarten 40007
through twelve during the first full school week of October was 40008
less than two thousand five hundred, not later than the Friday 40009
after all of the assessments have been administered;40010

       (b) If the district's total enrollment in grades kindergarten 40011
through twelve during the first full school week of October was 40012
two thousand five hundred or more, but less than seven thousand, 40013
not later than the Monday after all of the assessments have been 40014
administered;40015

        (c) If the district's total enrollment in grades kindergarten 40016
through twelve during the first full school week of October was 40017
seven thousand or more, not later than the Tuesday after all of 40018
the assessments have been administered.40019

        However, any assessment that a student takes during the 40020
make-up period described in division (C)(2) of this section shall 40021
be submitted not later than the Friday following the day the 40022
student takes the assessment.40023

        (2) The department or an entity with which the department 40024
contracts for the scoring of the assessment shall send to each 40025
school district board a list of the individual scores of all 40026
persons taking an assessment prescribed by division (A)(1) or 40027
(B)(1) of section 3301.0710 of the Revised Code within sixty days 40028
after its administration, but in no case shall the scores be 40029
returned later than the fifteenth day of June following the 40030
administration. For assessments administered under this section by 40031
a joint vocational school district, the department or entity shall 40032
also send to each city, local, or exempted village school district 40033
a list of the individual scores of any students of such city, 40034
local, or exempted village school district who are attending 40035
school in the joint vocational school district.40036

       (H) Individual scores on any assessments administered under 40037
this section shall be released by a district board only in 40038
accordance with section 3319.321 of the Revised Code and the rules 40039
adopted under division (A) of this section. No district board or 40040
its employees shall utilize individual or aggregate results in any 40041
manner that conflicts with rules for the ethical use of 40042
assessments adopted pursuant to division (A) of this section.40043

       (I) Except as provided in division (G) of this section, the 40044
department or an entity with which the department contracts for 40045
the scoring of the assessment shall not release any individual 40046
scores on any assessment administered under this section. The 40047
state board of education shall adopt rules to ensure the 40048
protection of student confidentiality at all times. The rules may 40049
require the use of the data verification codes assigned to 40050
students pursuant to division (D)(2) of section 3301.0714 of the 40051
Revised Code to protect the confidentiality of student scores.40052

       (J) Notwithstanding division (D) of section 3311.52 of the 40053
Revised Code, this section does not apply to the board of 40054
education of any cooperative education school district except as 40055
provided under rules adopted pursuant to this division.40056

       (1) In accordance with rules that the state board of 40057
education shall adopt, the board of education of any city, 40058
exempted village, or local school district with territory in a 40059
cooperative education school district established pursuant to 40060
divisions (A) to (C) of section 3311.52 of the Revised Code may 40061
enter into an agreement with the board of education of the 40062
cooperative education school district for administering any 40063
assessment prescribed under this section to students of the city, 40064
exempted village, or local school district who are attending 40065
school in the cooperative education school district.40066

       (2) In accordance with rules that the state board of 40067
education shall adopt, the board of education of any city, 40068
exempted village, or local school district with territory in a 40069
cooperative education school district established pursuant to 40070
section 3311.521 of the Revised Code shall enter into an agreement 40071
with the cooperative district that provides for the administration 40072
of any assessment prescribed under this section to both of the 40073
following:40074

       (a) Students who are attending school in the cooperative 40075
district and who, if the cooperative district were not 40076
established, would be entitled to attend school in the city, 40077
local, or exempted village school district pursuant to section 40078
3313.64 or 3313.65 of the Revised Code;40079

       (b) Persons described in division (B)(8)(b) of this section.40080

       Any assessment of students pursuant to such an agreement 40081
shall be in lieu of any assessment of such students or persons 40082
pursuant to this section.40083

       (K)(1) As a condition of compliance with section 3313.612 of 40084
the Revised Code, each chartered nonpublic school that educates 40085
students in grades nine through twelve shall administer the 40086
assessments prescribed by divisions (B)(1) and (2) of section 40087
3301.0710 of the Revised Code. Any chartered nonpublic school may 40088
participate in the assessment program by administering any of the 40089
assessments prescribed by division (A) of section 3301.0710 of the 40090
Revised Code. The chief administrator of the school shall specify 40091
which assessments the school will administer. Such specification 40092
shall be made in writing to the superintendent of public 40093
instruction prior to the first day of August of any school year in 40094
which assessments are administered and shall include a pledge that 40095
the nonpublic school will administer the specified assessments in 40096
the same manner as public schools are required to do under this 40097
section and rules adopted by the department.40098

       (2) The department of education shall furnish the assessments 40099
prescribed by section 3301.0710 or 3301.0712 of the Revised Code 40100
to each chartered nonpublic school that participates under this 40101
division.40102

       (L)(1) The superintendent of the state school for the blind 40103
and the superintendent of the state school for the deaf shall 40104
administer the assessments described by sections 3301.0710 and 40105
3301.0712 of the Revised Code. Each superintendent shall 40106
administer the assessments in the same manner as district boards 40107
are required to do under this section and rules adopted by the 40108
department of education and in conformity with division (C)(1)(a) 40109
of this section.40110

       (2) The department of education shall furnish the assessments 40111
described by sections 3301.0710 and 3301.0712 of the Revised Code 40112
to each superintendent.40113

       (M) Notwithstanding division (E) of this section, a school 40114
district may use a student's failure to attain a score in at least 40115
the proficient range on the mathematics assessment described by 40116
division (A)(1)(a) of section 3301.0710 of the Revised Code or on 40117
an assessment described by division (A)(1)(b), (c), (d), (e), or 40118
(f) of section 3301.0710 of the Revised Code as a factor in 40119
retaining that student in the current grade level.40120

       (N)(1) In the manner specified in divisions (N)(3) and (4) of 40121
this section, the assessments required by division (A)(1) of 40122
section 3301.0710 of the Revised Code shall become public records 40123
pursuant to section 149.43 of the Revised Code on the first day of 40124
July following the school year that the assessments were 40125
administered.40126

       (2) The department may field test proposed questions with 40127
samples of students to determine the validity, reliability, or 40128
appropriateness of questions for possible inclusion in a future 40129
year's assessment. The department also may use anchor questions on 40130
assessments to ensure that different versions of the same 40131
assessment are of comparable difficulty.40132

       Field test questions and anchor questions shall not be 40133
considered in computing scores for individual students. Field test 40134
questions and anchor questions may be included as part of the 40135
administration of any assessment required by division (A)(1) or 40136
(B)(1) of section 3301.0710 of the Revised Code.40137

       (3) Any field test question or anchor question administered 40138
under division (N)(2) of this section shall not be a public 40139
record. Such field test questions and anchor questions shall be 40140
redacted from any assessments which are released as a public 40141
record pursuant to division (N)(1) of this section.40142

       (4) This division applies to the assessments prescribed by 40143
division (A) of section 3301.0710 of the Revised Code.40144

       (a) The first administration of each assessment, as specified 40145
in former section 3301.0712 of the Revised Code, shall be a public 40146
record.40147

       (b) For subsequent administrations of each assessment, not 40148
less than forty per cent of the questions on the assessment that 40149
are used to compute a student's score shall be a public record. 40150
The department shall determine which questions will be needed for 40151
reuse on a future assessment and those questions shall not be 40152
public records and shall be redacted from the assessment prior to 40153
its release as a public record. However, for each redacted 40154
question, the department shall inform each city, local, and 40155
exempted village school district of the statewide academic 40156
standard adopted by the state board of education under section 40157
3301.079 of the Revised Code and the corresponding benchmark to 40158
which the question relates. The preceding sentence does not apply 40159
to field test questions that are redacted under division (N)(3) of 40160
this section.40161

       (5) Each assessment prescribed by division (B)(1) of section 40162
3301.0710 of the Revised Code shall not be a public record.40163

       (O) As used in this section:40164

        (1) "Three-year average" means the average of the most recent 40165
consecutive three school years of data.40166

        (2) "Dropout" means a student who withdraws from school 40167
before completing course requirements for graduation and who is 40168
not enrolled in an education program approved by the state board 40169
of education or an education program outside the state. "Dropout" 40170
does not include a student who has departed the country.40171

        (3) "Graduation rate" means the ratio of students receiving a 40172
diploma to the number of students who entered ninth grade four 40173
years earlier. Students who transfer into the district are added 40174
to the calculation. Students who transfer out of the district for 40175
reasons other than dropout are subtracted from the calculation. If 40176
a student who was a dropout in any previous year returns to the 40177
same school district, that student shall be entered into the 40178
calculation as if the student had entered ninth grade four years 40179
before the graduation year of the graduating class that the 40180
student joins.40181

       Sec. 3301.0712.  (A) The state board of education, the 40182
superintendent of public instruction, and the chancellor of the 40183
Ohio board of regents shall develop a system of college and work 40184
ready assessments as described in divisions (B)(1) to (3)and (2)40185
of this section to assess whether each student upon graduating 40186
from high school is ready to enter college or the workforce. The 40187
system shall replace the Ohio graduation tests prescribed in 40188
division (B)(1) of section 3301.0710 of the Revised Code as a 40189
measure of student academic performance and a prerequisite for 40190
eligibility for a high school diploma in the manner prescribed by 40191
rule of the state board adopted under division (E)(D) of this 40192
section.40193

       (B) The college and work ready assessment system shall 40194
consist of the following:40195

       (1) A nationally standardized assessment that measures 40196
competencies in science, mathematics, and English language arts 40197
selected jointly by the state superintendent and the chancellor. 40198

       (2) A series of end-of-course examinations in the areas of 40199
science, mathematics, English language arts, and social studies 40200
selected jointly by the state superintendent and the chancellor in 40201
consultation with faculty in the appropriate subject areas at 40202
institutions of higher education of the university system of Ohio. 40203

       (3) A senior project completed by a student or a group of 40204
students. The purpose of the senior project is to assess the 40205
student's:40206

       (a) Mastery of core knowledge in a subject area chosen by the 40207
student;40208

       (b) Written and verbal communication skills;40209

       (c) Critical thinking and problem-solving skills;40210

       (d) Real-world and interdisciplinary learning;40211

       (e) Creative and innovative thinking;40212

       (f) Acquired technology, information, and media skills;40213

       (g) Personal management skills such as self-direction, time 40214
management, work ethic, enthusiasm, and the desire to produce a 40215
high quality product.40216

       The state superintendent and the chancellor jointly shall 40217
develop standards for the senior project for students 40218
participating in dual enrollment programs.40219

       (C)(1) The state superintendent and the chancellor jointly 40220
shall designate the scoring rubrics and the required overall 40221
composite score for the assessment system to assess whether each 40222
student is college or work ready.40223

       (2) Each senior project shall be judged by the student's high 40224
school in accordance with rubrics designated by the state 40225
superintendent and the chancellor.40226

       (D) Not later than thirty days after the state board adopts 40227
the model curricula required by division (B) of section 3301.079 40228
of the Revised Code, the state board shall convene a group of 40229
national experts, state experts, and local practitioners to 40230
provide advice, guidance, and recommendations for the alignment of 40231
standards and model curricula to the assessments and in the design 40232
of the end-of-course examinations and scoring rubrics prescribed 40233
by this section.40234

       (E)(D) Upon completion of the development of the assessment 40235
system, the state board shall adopt rules prescribing all of the 40236
following:40237

       (1) A timeline and plan for implementation of the assessment 40238
system, including a phased implementation if the state board 40239
determines such a phase-in is warranted;40240

       (2) The date after which a person entering ninth grade shall 40241
attain at least the composite score formeet the requirements of40242
the entire assessment system as a prerequisite for a high school 40243
diploma under sectionssection 3313.61, 3313.612, or 3325.08 of 40244
the Revised Code;40245

       (3) The date after which a person shall attain at least the 40246
composite score formeet the requirements of the entire assessment 40247
system as a prerequisite for a diploma of adult education under 40248
section 3313.611 of the Revised Code;40249

       (4) Whether and the extent to which a person may be excused 40250
from a social studies end-of-course examination under division (H) 40251
of section 3313.61 and division (B)(2) of section 3313.612 of the 40252
Revised Code;40253

       (5) The date after which a person who has fulfilled the 40254
curriculum requirement for a diploma but has not passed one or 40255
more of the required assessments at the time the person fulfilled 40256
the curriculum requirement shall attain at least the composite 40257
score formeet the requirements of the entire assessment system as 40258
a prerequisite for a high school diploma under division (B) of 40259
section 3313.614 of the Revised Code;40260

       (6) The extent to which the assessment system applies to 40261
students enrolled in a dropout recovery and prevention program for 40262
purposes of division (F) of section 3313.603 and section 3314.36 40263
of the Revised Code.40264

       No rule adopted under this division shall be effective 40265
earlier than one year after the date the rule is filed in final 40266
form pursuant to Chapter 119. of the Revised Code. 40267

       (F)(E) Not later than forty-five days prior to the state 40268
board's adoption of a resolution directing the department of 40269
education to file the rules prescribed by division (E)(D) of this 40270
section in final form under section 119.04 of the Revised Code, 40271
the superintendent of public instruction shall present the 40272
assessment system developed under this section to the respective 40273
committees of the house of representatives and senate that 40274
consider education legislation.40275

       Sec. 3301.16.  Pursuant to standards prescribed by the state 40276
board of education as provided in division (D) of section 3301.07 40277
of the Revised Code, the state board shall classify and charter 40278
school districts and individual schools within each district 40279
except that no charter shall be granted to a nonpublic school 40280
unless the school complies with section 3313.612 of the Revised 40281
Code. 40282

       In the course of considering the charter of a new school 40283
district created under section 3311.26 or 3311.38 of the Revised 40284
Code, the state board shall require the party proposing creation 40285
of the district to submit to the board a map, certified by the 40286
county auditor of the county in which the proposed new district is 40287
located, showing the boundaries of the proposed new district. In 40288
the case of a proposed new district located in more than one 40289
county, the map shall be certified by the county auditor of each 40290
county in which the proposed district is located.40291

       The state board shall revoke the charter of any school 40292
district or school which fails to meet the standards for 40293
elementary and high schools as prescribed by the board. The state 40294
board shall also revoke the charter of any nonpublic school that 40295
does not comply with section 3313.612 of the Revised Code. The 40296
state board may revoke the charter of any school district that 40297
fails to meet the operating standards established under division 40298
(D)(3) of section 3301.07 of the Revised Code.40299

       In the issuance and revocation of school district or school 40300
charters, the state board shall be governed by the provisions of 40301
Chapter 119. of the Revised Code.40302

       No school district, or individual school operated by a school 40303
district, shall operate without a charter issued by the state 40304
board under this section.40305

       In case a school district charter is revoked pursuant to this 40306
section, the state board may dissolve the school district and 40307
transfer its territory to one or more adjacent districts. An 40308
equitable division of the funds, property, and indebtedness of the 40309
school district shall be made by the state board among the 40310
receiving districts. The board of education of a receiving 40311
district shall accept such territory pursuant to the order of the 40312
state board. Prior to dissolving the school district, the state 40313
board shall notify the appropriate educational service center 40314
governing board and all adjacent school district boards of 40315
education of its intention to do so. Boards so notified may make 40316
recommendations to the state board regarding the proposed 40317
dissolution and subsequent transfer of territory. Except as 40318
provided in section 3301.161 of the Revised Code, the transfer 40319
ordered by the state board shall become effective on the date 40320
specified by the state board, but the date shall be at least 40321
thirty days following the date of issuance of the order.40322

       A high school is one of higher grade than an elementary 40323
school, in which instruction and training are given in accordance 40324
with sections 3301.07 and 3313.60 of the Revised Code and which 40325
also offers other subjects of study more advanced than those 40326
taught in the elementary schools and such other subjects as may be 40327
approved by the state board of education.40328

       An elementary school is one in which instruction and training 40329
are given in accordance with sections 3301.07 and 3313.60 of the 40330
Revised Code and which offers such other subjects as may be 40331
approved by the state board of education. In districts wherein a 40332
junior high school is maintained, the elementary schools in that 40333
district may be considered to include only the work of the first 40334
six school years inclusive, plus the kindergarten year.40335

       A high school or an elementary school may consist of less 40336
than one or more than one organizational unit, as defined in 40337
sections 3306.02 and 3306.04 of the Revised Code.40338

       Sec. 3301.162. (A) If the governing authority of a chartered 40339
nonpublic school intends to close the school, the governing 40340
authority shall notify all of the following of that intent prior 40341
to closing the school:40342

       (1) The department of education;40343

        (2) The school district that receives auxiliary services 40344
funding under division (I)(E) of section 3317.024 of the Revised 40345
Code on behalf of the students enrolled in the school;40346

        (3) The accrediting association that most recently accredited 40347
the school for purposes of chartering the school in accordance 40348
with the rules of the state board of education, if applicable.40349

        The notice shall include the school year and, if possible, 40350
the actual date the school will close.40351

        (B) The chief administrator of each chartered nonpublic 40352
school that closes shall deposit the school's records with either:40353

       (1) The accrediting association that most recently accredited 40354
the school for purposes of chartering the school in accordance 40355
with the rules of the state board, if applicable;40356

       (2) The school district that received auxiliary services 40357
funding under division (I)(E) of section 3317.024 of the Revised 40358
Code on behalf of the students enrolled in the school.40359

       The school district that receives the records may charge for 40360
and receive a one-time reimbursement from auxiliary services 40361
funding under division (I)(E) of section 3317.024 of the Revised 40362
Code for costs the district incurred to store the records.40363

       Sec. 3301.70.  (A) The state board of education is the 40364
designated state agency responsible for the coordination and 40365
administration of sections 110 to 118 of the "National and 40366
Community Service Act of 1990," 104 Stat. 3127 (1990), 42 U.S.C. 40367
12401 to 12431, as amended. With the assistance of the Ohio40368
communitycommission on service counciland volunteerism created 40369
in section 121.40 of the Revised Code, the state board shall 40370
coordinate with other state agencies to apply for funding under 40371
the act when appropriate.40372

       (B) With the assistance of the Ohio communitycommission on40373
service counciland volunteerism, the state board of education 40374
shall develop a plan to assist school districts in the 40375
implementation of section 3313.605 of the Revised Code and other 40376
community service activities of school districts. The state board 40377
shall encourage the development of school district programs 40378
meeting the requirements for funding under the National and 40379
Community Service Act of 1990. The plan shall include the 40380
investigation of funding from all available sources for school 40381
community service education programs, including funds available 40382
under the National and Community Service Act of 1990, and the 40383
provision of technical assistance to school districts for the 40384
implementation of community service education programs. The plan 40385
shall also provide for technical assistance to be given to school 40386
boards to assist in obtaining funds for community service 40387
education programs from any source.40388

       (C) With the assistance of the Ohio communitycommission on40389
service counciland volunteerism, the state board of education 40390
shall do all of the following:40391

       (1) Disseminate information about school district community 40392
service education programs to other school districts and to 40393
statewide organizations involved with or promoting volunteerism;40394

       (2) Recruit additional school districts to develop community 40395
service education programs;40396

       (3) Identify or develop model community service programs, 40397
teacher training courses, and community service curricula and 40398
teaching materials for possible use by school districts in their 40399
programs.40400

       Sec. 3302.02.  Not later than one year after the adoption of 40401
rules under division (E)(D) of section 3301.0712 of the Revised 40402
Code and at least every sixth year thereafter, upon 40403
recommendations of the superintendent of public instruction, the 40404
state board of education shall establish performance indicators 40405
for the report cards required by division (C) of section 3302.03 40406
of the Revised Code. In establishing these indicators, the 40407
superintendent shall consider inclusion of student performance on 40408
assessments prescribed under section 3301.0710 or 3301.0712 of the 40409
Revised Code, rates of student improvement on such assessments, 40410
student attendance, the breadth of coursework available within the 40411
district, and other indicators of student success. Not later than 40412
December 31, 2011, the state board, upon recommendation of the 40413
superintendent, shall establish a performance indicator reflecting 40414
the level of services provided to, and the performance of, 40415
students identified as gifted under Chapter 3324. of the Revised 40416
Code.40417

        The superintendent shall inform the Ohio accountability task 40418
force established under section 3302.021 of the Revised Code of 40419
the performance indicators the superintendent establishes under 40420
this section and the rationale for choosing each indicator and for 40421
determining how a school district or building meets that 40422
indicator.40423

       The superintendent shall not establish any performance 40424
indicator for passage of the third or fourth grade English 40425
language arts assessment that is solely based on the assessment 40426
given in the fall for the purpose of determining whether students 40427
have met the reading guarantee provisions of section 3313.608 of 40428
the Revised Code.40429

       Sec. 3302.031. In addition to the report cards required under 40430
section 3302.03 of the Revised Code, the department of education 40431
shall annually prepare the following reports for each school 40432
district and make a copy of each report available to the 40433
superintendent of each district:40434

       (A) A funding and expenditure accountability report which 40435
shall consist of the amount of state aid payments the school 40436
district will receive during the fiscal year under Chapters 3306. 40437
andChapter 3317. of the Revised Code and any other fiscal data 40438
the department determines is necessary to inform the public about 40439
the financial status of the district;40440

       (B) A school safety and discipline report which shall consist 40441
of statistical information regarding student safety and discipline 40442
in each school building, including the number of suspensions and 40443
expulsions disaggregated according to race and gender;40444

       (C) A student equity report which shall consist of at least a 40445
description of the status of teacher qualifications, library and 40446
media resources, textbooks, classroom materials and supplies, and 40447
technology resources for each district. To the extent possible, 40448
the information included in the report required under this 40449
division shall be disaggregated according to grade level, race, 40450
gender, disability, and scores attained on assessments required 40451
under section 3301.0710 of the Revised Code.40452

       (D) A school enrollment report which shall consist of 40453
information about the composition of classes within each district 40454
by grade and subject disaggregated according to race, gender, and 40455
scores attained on assessments required under section 3301.0710 of 40456
the Revised Code;40457

       (E) A student retention report which shall consist of the 40458
number of students retained in their respective grade levels in 40459
the district disaggregated by grade level, subject area, race, 40460
gender, and disability;40461

       (F) A school district performance report which shall describe 40462
for the district and each building within the district the extent 40463
to which the district or building meets each of the applicable 40464
performance indicators established under section 3302.02 of the 40465
Revised Code, the number of performance indicators that have been 40466
achieved, and the performance index score. In calculating the 40467
rates of achievement on the performance indicators and the 40468
performance index scores for each report, the department shall 40469
exclude all students with disabilities.40470

       Sec. 3302.042. (A) The department of education annually shall 40471
rank all schools statewide that are operated by a city, exempted 40472
village, or local school district in order according to the 40473
schools' performance index scores.40474

        (B) This section shall operate as a pilot project that 40475
applies to any school that has been ranked in the lowest five per 40476
cent of performance index scores statewide for three or more 40477
consecutive school years and is operated by the Columbus city 40478
school district.40479

       (C) Except as provided in division (E) of this section, if 40480
the parents or guardians of at least fifty per cent of the 40481
students enrolled in a school to which this section applies, or if 40482
the parents or guardians of at least fifty per cent of the total 40483
number of students enrolled in that school and the schools of 40484
lower grade levels whose students typically matriculate into that 40485
school, sign and file with the school district treasurer a 40486
petition requesting the district board of education to implement 40487
one of the following reforms in the school, and if the validity 40488
and sufficiency of the petition is certified in accordance with 40489
division (D) of this section, the board shall implement the 40490
requested reform in the next school year: 40491

       (1) Reopen the school as a community school under Chapter 40492
3314. of the Revised Code; 40493

       (2) Replace at least seventy per cent of the school's 40494
personnel who are related to the school's poor academic 40495
performance or, at the request of the petitioners, retain not more 40496
than thirty per cent of the personnel; 40497

       (3) Contract with another school district or a nonprofit or 40498
for-profit entity with a demonstrated record of effectiveness to 40499
operate the school; 40500

       (4) Turn operation of the school over to the department; 40501

       (5) Any other major restructuring of the school that makes 40502
fundamental reforms in the school's staffing or governance. 40503

       (D) Not later than thirty days after receipt of a petition 40504
under division (C) of this section, the district treasurer shall 40505
verify the validity and sufficiency of the signatures on the 40506
petition and certify to the district board whether the petition 40507
contains the necessary number of valid signatures to require the 40508
board to implement the reform requested by the petitioners. If the 40509
treasurer certifies to the district board that the petition does 40510
not contain the necessary number of valid signatures, any person 40511
who signed the petition may file an appeal with the county auditor 40512
within ten days after the certification. Not later than thirty 40513
days after the filing of an appeal, the county auditor shall 40514
conduct an independent verification of the validity and 40515
sufficiency of the signatures on the petition and certify to the 40516
district board whether the petition contains the necessary number 40517
of valid signatures to require the board to implement the 40518
requested reform. If the treasurer or county auditor certifies 40519
that the petition contains the necessary number of valid 40520
signatures, the district board shall notify the superintendent of 40521
public instruction and the state board of education of the 40522
certification.40523

       (E) The district board shall not implement the reform 40524
requested by the petitioners in any of the following 40525
circumstances: 40526

       (1) The district board has determined that the request is for 40527
reasons other than improving student academic achievement or 40528
student safety. 40529

       (2) The state superintendent has determined that 40530
implementation of the requested reform would not comply with the 40531
model of differentiated accountability described in section 40532
3302.041 of the Revised Code. 40533

       (3) The petitioners have requested the district board to 40534
implement the reform described in division (C)(4) of this section 40535
and the department has not agreed to take over the school's 40536
operation. 40537

       (4) When all of the following have occurred: 40538

       (a) After a public hearing on the matter, the district board 40539
issued a written statement explaining the reasons that it is 40540
unable to implement the requested reform and agreeing to implement 40541
one of the other reforms described in division (C) of this 40542
section.40543

       (b) The district board submitted its written statement to the 40544
state superintendent and the state board along with evidence 40545
showing how the alternative reform the district board has agreed 40546
to implement will enable the school to improve its academic 40547
performance.40548

       (c) Both the state superintendent and the state board have 40549
approved implementation of the alternative reform.40550

       (F) Beginning not later than six months after the first 40551
petition under this section has been resolved, the department of 40552
education shall annually evaluate the pilot program and submit a 40553
report to the general assembly under section 101.68 of the Revised 40554
Code. Such reports shall contain its recommendations to the 40555
general assembly with respect to the continuation of the pilot 40556
program, its expansion to other school districts, or the enactment 40557
of further legislation establishing the program statewide under 40558
permanent law.40559

       Sec. 3302.05.  The state board of education shall adopt rules 40560
freeing school districts declared to be excellent under division 40561
(B)(1) or effective under division (B)(2) of section 3302.03 of 40562
the Revised Code from specified state mandates. Any mandates 40563
included in the rules shall be only those statutes or rules 40564
pertaining to state education requirements. The rules shall not 40565
exempt districts from any standard or requirement of section 40566
3306.09 of the Revised Code or from any operating standard adopted 40567
under division (D)(3) of section 3301.07 or from the requirements 40568
of sections 3317.141, 3319.08, 3319.111, or 3319.17 of the Revised 40569
Code.40570

       Sec. 3302.06. (A) Any school operated by a city, exempted 40571
village, or local school district may apply to the district board 40572
of education to be designated as an innovation school. Each 40573
application shall include an innovation plan that contains the 40574
following:40575

       (1) A statement of the school's mission and an explanation of 40576
how the designation would enhance the school's ability to fulfill 40577
its mission;40578

       (2) A description of the innovations the school would 40579
implement;40580

       (3) An explanation of how implementation of the innovations 40581
described in division (A)(2) of this section would affect the 40582
school's programs and policies, including any of the following 40583
that apply:40584

       (a) The school's educational program;40585

       (b) The length of the school day and the school year;40586

       (c) The school's student promotion policy;40587

       (d) The school's plan for the assessment of students;40588

       (e) The school's budget;40589

       (f) The school's staffing levels.40590

       (4) A description of the improvements in student academic 40591
performance that the school expects to achieve by implementing the 40592
innovations described in division (A)(2) of this section;40593

       (5) An estimate of the cost savings and increased 40594
efficiencies, if any, that the school expects to achieve by 40595
implementing the innovations described in division (A)(2) of this 40596
section;40597

       (6) A description of any laws in Title XXXIII of the Revised 40598
Code, rules adopted by the state board of education, or 40599
requirements enacted by the district board that would need to be 40600
waived to implement the innovations described in division (A)(2) 40601
of this section;40602

       (7) A description of any provisions of a collective 40603
bargaining agreement covering personnel of the school that would 40604
need to be waived to implement the innovations described in 40605
division (A)(2) of this section;40606

       (8) Evidence that a majority of the administrators assigned 40607
to the school and a majority of the teachers assigned to the 40608
school consent to seeking the designation and a statement of the 40609
level of support for seeking the designation demonstrated by other 40610
staff working in the school, students enrolled in the school and 40611
their parents, and members of the community in which the school is 40612
located.40613

       (B) Two or more schools that are operated by the district may 40614
apply to the district board to be designated as an innovation 40615
school zone, if the schools share common interests based on 40616
factors such as geographical proximity or similar educational 40617
programs or if the schools serve the same classes of students as 40618
they advance to higher grade levels. Each application shall 40619
include an innovation plan that contains the information 40620
prescribed by divisions (A)(1) to (8) of this section for each 40621
participating school and the following additional information:40622

       (1) A description of how innovations in the participating 40623
schools would be integrated to achieve results that would be less 40624
likely to be achieved by each participating school alone;40625

       (2) An estimate of any economies of scale that would be 40626
realized by implementing innovations jointly.40627

       Sec. 3302.061. (A) A school district board of education shall 40628
review each application received under section 3302.06 of the 40629
Revised Code and, within sixty days after receipt of the 40630
application, shall approve or disapprove the application. In 40631
reviewing applications, the board shall give preference to 40632
applications that propose innovations in one or more of the 40633
following areas:40634

       (1) Curriculum;40635

       (2) Student assessments, other than the assessments 40636
prescribed by sections 3301.0710 and 3301.0712 of the Revised 40637
Code;40638

       (3) Class scheduling;40639

       (4) Accountability measures, including innovations that 40640
expand the number and variety of measures used in order to collect 40641
more complete data about student academic performance. For this 40642
purpose, schools may consider use of measures such as 40643
end-of-course examinations, portfolios of student work, nationally 40644
or internationally normed assessments, the percentage of students 40645
enrolling in post-secondary education, or the percentage of 40646
students simultaneously obtaining a high school diploma and an 40647
associate's degree or certification to work in an industry or 40648
career field.40649

       (5) Provision of student services, including services for 40650
students who are disabled, identified as gifted under Chapter 40651
3324. of the Revised Code, limited English proficient, at risk of 40652
academic failure or dropping out, or at risk of suspension or 40653
expulsion;40654

       (6) Provision of health, counseling, or other social services 40655
to students;40656

       (7) Preparation of students for transition to higher 40657
education or the workforce;40658

       (8) Teacher recruitment, employment, and evaluation;40659

       (9) Compensation for school personnel;40660

       (10) Professional development;40661

       (11) School governance and the roles and responsibilities of 40662
principals;40663

       (12) Use of financial or other resources.40664

       (B)(1) If the board approves an application seeking 40665
designation as an innovation school, it shall so designate the 40666
school that submitted the application. If the board approves an 40667
application seeking designation as an innovation school zone, it 40668
shall so designate the participating schools that submitted the 40669
application.40670

       (2) If the board disapproves an application, it shall provide 40671
a written explanation of the basis for its decision to the school 40672
or schools that submitted the application. The school or schools 40673
may reapply for designation as an innovation school or innovation 40674
school zone at any time.40675

       (C) The board may approve an application that allows an 40676
innovation school or a school participating in an innovation 40677
school zone to determine the compensation of board employees 40678
working in the school, but the total compensation for all such 40679
employees shall not exceed the financial resources allocated to 40680
the school by the board. The school shall not be required to 40681
comply with the salary schedule adopted by the board under section 40682
3317.14 or 3317.141 of the Revised Code. The board may approve an 40683
application that allows an innovation school or a school 40684
participating in an innovation school zone to remove board 40685
employees from the school, but no employee shall be terminated 40686
except as provided in section 3319.081 or 3319.16 of the Revised 40687
Code.40688

       (D) The board may do either of the following at any time:40689

       (1) Designate a school as an innovation school by creating an 40690
innovation plan for that school and offering the school an 40691
opportunity to participate in the plan's creation;40692

       (2) Designate as an innovation school zone two or more 40693
schools that share common interests based on factors such as 40694
geographical proximity or similar educational programs or that 40695
serve the same classes of students as they advance to higher grade 40696
levels, by creating an innovation plan for those schools and 40697
offering the schools an opportunity to participate in the plan's 40698
creation.40699

       Sec. 3302.062. (A) If a school district board of education 40700
approves an application under division (B)(1) of section 3302.061 40701
of the Revised Code or designates an innovation school or 40702
innovation school zone under division (D) of that section, the 40703
district board shall apply to the state board of education for 40704
designation as a school district of innovation by submitting to 40705
the state board the innovation plan included in the approved 40706
application or created by the district board.40707

       Within sixty days after receipt of the application, the state 40708
board shall designate the district as a school district of 40709
innovation, unless the state board determines that the submitted 40710
innovation plan is not financially feasible or will likely result 40711
in decreased academic achievement. If the state board so 40712
determines, it shall provide a written explanation of the basis 40713
for its determination to the district board. If the district is 40714
not designated as a school district of innovation, the district 40715
board shall not implement the innovation plan. However, the 40716
district board may reapply for designation as a school district of 40717
innovation at any time.40718

       (B) A district board may request the state board to make a 40719
preliminary review of an innovation plan prior to the district 40720
board's formal application for designation as a school district of 40721
innovation. In that case, the state board shall review the 40722
innovation plan and, within sixty days after the request, 40723
recommend to the district board any changes or additions that the 40724
state board believes will improve the plan, which may include 40725
further innovations or measures to increase the likelihood that 40726
the innovations will result in higher academic achievement. The 40727
district board may revise the innovation plan prior to making 40728
formal application for designation as a school district of 40729
innovation.40730

       Sec. 3302.063. (A) Except as provided in division (B) of this 40731
section, upon designation of a school district of innovation under 40732
section 3302.062 of the Revised Code, the state board of education 40733
shall waive any laws in Title XXXIII of the Revised Code or rules 40734
adopted by the state board that are specified in the innovation 40735
plan submitted by the district board of education as needing to be 40736
waived to implement the plan. The waiver shall apply only to the 40737
school or schools participating in the innovation plan and shall 40738
not apply to the district as a whole, unless each of the 40739
district's schools is a participating school. The waiver shall 40740
cease to apply to a school if the school's designation as an 40741
innovation school is revoked or the innovation school zone in 40742
which the school participates has its designation revoked under 40743
section 3302.065 of the Revised Code, or if the school is removed 40744
from an innovation school zone under that section or section 40745
3302.064 of the Revised Code.40746

       (B) The state board shall not waive any law or rule regarding 40747
the following:40748

       (1) Funding for school districts under Chapter 3317. of the 40749
Revised Code;40750

       (2) The requirements of Chapters 3323. and 3324. of the 40751
Revised Code for the provision of services to students with 40752
disabilities and gifted students;40753

       (3) Requirements related to the provision of career-technical 40754
education that are necessary to comply with federal law or 40755
maintenance of effort provisions;40756

       (4) Administration of the assessments prescribed by sections 40757
3301.0710, 3301.0712, and 3301.0715 of the Revised Code;40758

       (5) Requirements related to the issuance of report cards and 40759
the assignment of performance ratings under section 3302.03 of the 40760
Revised Code;40761

       (6) Implementation of the model of differentiated 40762
accountability under section 3302.041 of the Revised Code;40763

       (7) Requirements for the reporting of data to the department 40764
of education;40765

       (8) Criminal records checks of school employees;40766

       (9) The requirements of Chapters 3307. and 3309. regarding 40767
the retirement systems for teachers and school employees.40768

       (C) If a district board's revisions to an innovation plan 40769
under section 3302.066 of the Revised Code require a waiver of 40770
additional laws or state board rules, the state board shall grant 40771
a waiver from those laws or rules upon evidence that 40772
administrators and teachers have consented to the revisions as 40773
required by that section.40774

       Sec. 3302.064. (A) Each collective bargaining agreement 40775
entered into by a school district board of education under Chapter 40776
4117. of the Revised Code on or after the effective date of this 40777
section shall allow for the waiver of any provision of the 40778
agreement specified in the innovation plan approved or created 40779
under section 3302.061 of the Revised Code as needing to be waived 40780
to implement the plan, in the event the district is designated as 40781
a school district of innovation.40782

       (B)(1) In the case of an innovation school, waiver of the 40783
provisions specified in the innovation plan shall be contingent 40784
upon at least sixty per cent of the members of the bargaining unit 40785
covered by the collective bargaining agreement who work in the 40786
school voting, by secret ballot, to approve the waiver.40787

       (2) In the case of an innovation school zone, waiver of the 40788
provisions specified in the innovation plan shall be contingent 40789
upon, in each participating school, at least sixty per cent of the 40790
members of the bargaining unit covered by the collective 40791
bargaining agreement who work in that school voting, by secret 40792
ballot, to approve the waiver. If at least sixty per cent of the 40793
members of the bargaining unit in a participating school do not 40794
vote to approve the waiver, the board may revise the innovation 40795
plan to remove that school from the innovation school zone.40796

       (3) If a board's revisions to an innovation plan under 40797
section 3302.066 of the Revised Code require a waiver of 40798
additional provisions of the collective bargaining agreement, that 40799
waiver shall be contingent upon approval under division (B)(1) or 40800
(2) of this section in the same manner as the initial waiver.40801

       (C) A waiver approved under division (B) of this section 40802
shall continue to apply relative to any substantially similar 40803
provision of a collective bargaining agreement entered into after 40804
the approval of the waiver.40805

       (D) A waiver approved under division (B) of this section 40806
shall cease to apply to a school if the school's designation as an 40807
innovation school is revoked or the innovation school zone in 40808
which the school participates has its designation revoked under 40809
section 3302.065 of the Revised Code, or if the school is removed 40810
from an innovation school zone under that section.40811

       (E) An employee working in an innovation school or a school 40812
participating in an innovation school zone who is a member of a 40813
bargaining unit that approves a waiver under division (B) of this 40814
section may request the board to transfer the employee to another 40815
school operated by the district. The board shall make every 40816
reasonable effort to accommodate the employee's request.40817

       Sec. 3302.065. Not later than three years after obtaining 40818
designation as a school district of innovation under section 40819
3302.062 of the Revised Code, and every three years thereafter, 40820
the district board of education shall review the performance of 40821
the innovation school or innovation school zone and determine if 40822
it is achieving, or making sufficient progress toward achieving, 40823
the improvements in student academic performance that were 40824
described in its innovation plan. If the board finds that an 40825
innovation school is not achieving, or not making sufficient 40826
progress toward achieving, those improvements in student academic 40827
performance, the board may revoke the designation as an innovation 40828
school. If the board finds that a school participating in an 40829
innovation school zone is not achieving, or not making sufficient 40830
progress toward achieving, those improvements in student academic 40831
performance, the board may remove that school from the innovation 40832
school zone or may revoke the designation of all participating 40833
schools as an innovation school zone.40834

       Sec. 3302.066. A school district board of education may 40835
revise an innovation plan approved or created under section 40836
3302.061 of the Revised Code, in collaboration with the school or 40837
schools participating in the plan, to further improve student 40838
academic performance. The revisions may include identifying 40839
additional laws in Title XXXIII of the Revised Code, rules adopted 40840
by the state board of education, requirements enacted by the 40841
district board, or provisions of a collective bargaining agreement 40842
that need to be waived. Any revisions to an innovation plan shall 40843
require the consent, in each school participating in the plan, of 40844
a majority of the administrators assigned to that school and a 40845
majority of the teachers assigned to that school.40846

       Sec. 3302.067. The board of education of any district 40847
designated as a school district of innovation or any school 40848
participating in an innovation plan may accept, receive, and 40849
expend gifts, grants, or donations from any public or private 40850
entity to support the implementation of the plan.40851

       Sec. 3302.068. Not later than the first day of July each 40852
year, the department of education shall issue, and post on its web 40853
site, a report on school districts of innovation. The report shall 40854
include the following information:40855

       (A) The number of districts designated as school districts of 40856
innovation in the preceding school year and the total number of 40857
school districts of innovation statewide;40858

       (B) The number of innovation schools in each school district 40859
of innovation and the number of district students served by the 40860
schools, expressed as a total number and as a percentage of the 40861
district's total student population;40862

       (C) The number of innovation school zones in each school 40863
district of innovation, the number of schools participating in 40864
each zone, and the number of district students served by the 40865
participating schools, expressed as a total number and as a 40866
percentage of the district's total student population;40867

       (D) An overview of the innovations implemented in innovation 40868
schools and innovation school zones;40869

       (E) Data on the academic performance of the students enrolled 40870
in an innovation school or an innovation school zone in each 40871
school district of innovation, including a comparison of the 40872
students' academic performance before and after the district's 40873
designation as a school district of innovation;40874

       (F) Recommendations for legislative changes based on the 40875
innovations implemented or to enhance the ability of schools and 40876
districts to implement innovations.40877

       Sec. 3302.07.  (A) The board of education of any school 40878
district, the governing board of any educational service center, 40879
or the administrative authority of any chartered nonpublic school 40880
may submit to the state board of education an application 40881
proposing an innovative education pilot program the implementation 40882
of which requires exemptions from specific statutory provisions or 40883
rules. If a district or service center board employs teachers 40884
under a collective bargaining agreement adopted pursuant to 40885
Chapter 4117. of the Revised Code, any application submitted under 40886
this division shall include the written consent of the teachers' 40887
employee representative designated under division (B) of section 40888
4117.04 of the Revised Code. The exemptions requested in the 40889
application shall be limited to any requirement of Title XXXIII of 40890
the Revised Code or of any rule of the state board adopted 40891
pursuant to that title except that the application may not propose 40892
an exemption from any requirement of or rule adopted pursuant to 40893
section 3306.09, Chapter 3307. or 3309., sections 3319.07 to 40894
3319.21, or Chapter 3323. of the Revised Code. Furthermore, an 40895
exemption from any operating standard adopted under division 40896
(B)(2) or (D)(3) of section 3301.07 of the Revised Code shall be 40897
granted only pursuant to a waiver granted by the superintendent of 40898
public instruction under division (O) of that section.40899

       (B) The state board of education shall accept any application 40900
submitted in accordance with division (A) of this section. The 40901
superintendent of public instruction shall approve or disapprove 40902
the application in accordance with standards for approval, which 40903
shall be adopted by the state board.40904

       (C) The superintendent of public instruction shall exempt 40905
each district or service center board or chartered nonpublic 40906
school administrative authority with an application approved under 40907
division (B) of this section for a specified period from the 40908
statutory provisions or rules specified in the approved 40909
application. The period of exemption shall not exceed the period 40910
during which the pilot program proposed in the application is 40911
being implemented and a reasonable period to allow for evaluation 40912
of the effectiveness of the program.40913

       Sec. 3302.12.  (A) Not later than the first day of September 40914
each year, the superintendent of public instruction shall rank all 40915
school buildings operated by a school district statewide from 40916
highest to lowest according to the buildings' performance index 40917
scores. For school buildings to which the performance index score 40918
does not apply, the superintendent shall develop another measure 40919
of student academic performance and use that measure to include 40920
those buildings in the ranking so that all district-operated 40921
buildings may be reliably compared to each other.40922

       (B) For any school building that is ranked in the lowest five 40923
per cent of all district-operated buildings statewide for three 40924
consecutive years and is declared to be under an academic watch or 40925
in a state of academic emergency under section 3302.03 of the 40926
Revised Code, the district board of education shall do one of the 40927
following at the conclusion of the school year in which the 40928
building first becomes subject to this division:40929

        (1) Close the school and direct the district superintendent 40930
to reassign the students enrolled in the school to other school 40931
buildings that demonstrate higher academic achievement;40932

        (2) Contract with another school district or a nonprofit or 40933
for-profit entity with a demonstrated record of effectiveness to 40934
operate the school;40935

        (3) Replace the principal and all teaching staff of the 40936
school and, upon request from the new principal, exempt the school 40937
from all requested policies and regulations of the board regarding 40938
curriculum and instruction. The board also shall distribute 40939
funding to the school in an amount that is at least equal to the 40940
product of the per pupil amount of all revenues received by the 40941
district multiplied by the student population of the school.40942

        (4) Reopen the school as a conversion community school under 40943
Chapter 3314. of the Revised Code.40944

       (C) If an action taken by the board under division (B) of 40945
this section causes the district to no longer maintain all grades 40946
kindergarten through twelve, as required by section 3311.29 of the 40947
Revised Code, the board shall enter into a contract with another 40948
school district pursuant to section 3327.04 of the Revised Code 40949
for enrollment of students in the schools of that other district 40950
to the extent necessary to comply with the requirement of section 40951
3311.29 of the Revised Code. Notwithstanding any provision of the 40952
Revised Code to the contrary, if the board enters into and 40953
maintains a contract under section 3327.04 of the Revised Code, 40954
the district shall not be considered to have failed to comply with 40955
the requirement of section 3311.29 of the Revised Code. If, 40956
however, the district board fails to or is unable to enter into or 40957
maintain such a contract, the state board of education shall take 40958
all necessary actions to dissolve the district as provided in 40959
division (A) of section 3311.29 of the Revised Code.40960

       Sec. 3302.20.  (A) The department of education shall develop 40961
standards for determining, from the existing data reported in 40962
accordance with sections 3301.0714 and 3314.17 of the Revised 40963
Code, the amount of annual operating expenditures for classroom 40964
instructional purposes and for nonclassroom purposes for each 40965
city, exempted village, local, and joint vocational school 40966
district, each community school established under Chapter 3314. 40967
that is not an internet- or computer-based community school, each 40968
internet- or computer-based community school, and each STEM school 40969
established under Chapter 3326. of the Revised Code. Not later 40970
than January 1, 2012, the department shall present those standards 40971
to the state board of education for consideration. In developing 40972
the standards, the department shall adapt existing standards used 40973
by professional organizations, research organizations, and other 40974
state governments. 40975

       The state board shall consider the proposed standards and 40976
adopt a final set of standards not later than July 1, 2012. 40977

       (B)(1) The department shall categorize all city, exempted 40978
village, and local school districts into not less than three nor 40979
more than five groups based primarily on average daily student 40980
enrollment as reported on the most recent report card issued for 40981
each district under section 3302.03 of the Revised Code. 40982

       (2) The department shall categorize all joint vocational 40983
school districts into not less than three nor more than five 40984
groups based primarily on average daily membership as reported 40985
under division (D) of section 3317.03 of the Revised Code rounded 40986
to the nearest whole number.40987

       (3) The department shall categorize all community schools 40988
that are not internet- or computer-based community schools into 40989
not less than three nor more than five groups based primarily on 40990
average daily student enrollment as reported on the most recent 40991
report card issued for each community school under sections 40992
3302.03 and 3314.012 of the Revised Code.40993

       (4) The department shall categorize all internet- or 40994
computer-based community schools into a single category.40995

       (5) The department shall categorize all STEM schools into a 40996
single category.40997

       (C) Using the standards adopted under division (A) of this 40998
section and the data reported under sections 3301.0714 and 3314.17 40999
of the Revised Code, the department shall compute, for fiscal 41000
years 2008 through 2012, and annually for each fiscal year 41001
thereafter, the following:41002

       (1) The percentage of each district's, community school's, or 41003
STEM school's total operating budget spent for classroom 41004
instructional purposes;41005

       (2) The statewide average percentage for all districts, 41006
community schools, and STEM schools combined spent for classroom 41007
instructional purposes;41008

       (3) The average percentage for each of the categories of 41009
districts and schools established under division (B) of this 41010
section spent for classroom instructional purposes;41011

       (4) The ranking of each district, community school, or STEM 41012
school within its respective category established under division 41013
(B) of this section according to the following:41014

       (a) From highest to lowest percentage spent for classroom 41015
instructional purposes;41016

       (b) From lowest to highest percentage spent for 41017
noninstructional purposes.41018

       (D) In its display of rankings within each category under 41019
division (C)(4) of this section, the department shall make the 41020
following notations:41021

       (1) Within each category of city, exempted village, and local 41022
school districts, the department shall denote each district that 41023
is:41024

       (a) Among the twenty per cent of all city, exempted village, 41025
and local school districts statewide with the lowest total 41026
operating expenditures per pupil;41027

       (b) Among the twenty per cent of all city, exempted village, 41028
and local school districts statewide with the highest performance 41029
index scores.41030

       (2) Within each category of joint vocational school 41031
districts, the department shall denote each district that is:41032

       (a) Among the twenty per cent of all joint vocational school 41033
districts statewide with the lowest total operating expenditures 41034
per pupil;41035

       (b) Among the twenty per cent of all joint vocational school 41036
districts statewide with the highest performance measures required 41037
for career-technical education under 20 U.S.C. 2323, as ranked 41038
under division (A)(3) of section 3302.21 of the Revised Code.41039

       (3) Within each category of community schools that are not 41040
internet- or computer-based community schools, the department 41041
shall denote each school that is:41042

       (a) Among the twenty per cent of all such community schools 41043
statewide with the lowest total operating expenditures per pupil;41044

       (b) Among the twenty per cent of all such community schools 41045
statewide with the highest performance index scores. 41046

       (4) Within the category of internet- or computer-based 41047
community schools, the department shall denote each school that 41048
is:41049

       (a) Among the twenty per cent of all such community schools 41050
statewide with the lowest total operating expenditures per pupil;41051

       (b) Among the twenty per cent of all such community schools 41052
statewide with the highest performance index scores.41053

       (5) Within the category of STEM schools, the department shall 41054
denote each school that is:41055

       (a) Among the twenty per cent of all STEM schools statewide 41056
with the lowest total operating expenditures per pupil;41057

       (b) Among the twenty per cent of all STEM schools statewide 41058
with the highest performance index scores.41059

       (E) The department shall post in a prominent location on its 41060
web site the information prescribed by divisions (C) and (D) of 41061
this section. The department also shall include on each 41062
district's, community school's, and STEM school's annual report 41063
card issued under section 3302.03 of the Revised Code the 41064
respective information computed for the district or school under 41065
divisions (C)(1) and (4) of this section, the statewide 41066
information computed under division (C)(2) of this section, and 41067
the information computed for the district's or school's category 41068
under division (C)(3) of this section.41069

       (F) As used in this section, "internet- or computer-based 41070
community school" has the same meaning as in section 3314.02 of 41071
the Revised Code.41072

       Sec. 3302.21.  (A) The department of education shall develop 41073
a system to rank order all city, exempted village, local, and 41074
joint vocational school districts, community schools established 41075
under Chapter 3314., and STEM schools established under Chapter 41076
3326. of the Revised Code according to the following measures:41077

       (1) Performance index score;41078

       (2) Student performance growth from year to year, using the 41079
value-added progress dimension, if applicable, and other measures 41080
of student performance growth designated by the superintendent of 41081
public instruction for subjects and grades not covered by the 41082
value-added progress dimension;41083

       (3) Performance measures required for career-technical 41084
education under 20 U.S.C. 2323, if applicable. If a school 41085
district is a "VEPD" or "lead district" as those terms are defined 41086
in section 3317.023 of the Revised Code, the district's ranking 41087
shall be based on the performance of career-technical students 41088
from that district and all other districts served by that 41089
district, and such fact, including the identity of the other 41090
districts served by that district, shall be noted on the report 41091
required by division (B) of this section.41092

       (4) Current operating expenditures per pupil;41093

       (5) Of total current operating expenditures, percentage spent 41094
for classroom instruction as determined under standards adopted by 41095
the state board of education. 41096

       The department shall rank each district, community school, 41097
and STEM school annually in accordance with the system developed 41098
under this section.41099

       (B) In addition to the reports required by sections 3302.03 41100
and 3302.031 of the Revised Code, the department shall issue an 41101
annual report for each city, exempted village, local, and joint 41102
vocational school district, each community school, and each STEM 41103
school indicating the district's or school's rank on each measure 41104
described in divisions (A)(1) to (5) of this section.41105

       Sec. 3302.22.  (A) The governor's effective and efficient 41106
schools recognition program is hereby created. Each year, the 41107
governor shall recognize, in a manner deemed appropriate by the 41108
governor, the top ten per cent of all public and chartered 41109
nonpublic schools in this state. Public schools shall include 41110
schools operated by city, exempted village, local, or joint 41111
vocational school districts, community schools established under 41112
Chapter 3314. of the Revised Code, and STEM schools established 41113
under Chapter 3326. of the Revised Code.41114

       (B) The top ten per cent of schools shall be determined by 41115
the department of education according to standards established by 41116
the department. The standards shall include, but need not be 41117
limited to, both of the following:41118

       (1) Student performance, as determined by factors including, 41119
but not limited to, performance indicators under section 3302.02 41120
of the Revised Code, report cards issued under section 3302.03 of 41121
the Revised Code, and any other statewide or national assessment 41122
or student performance recognition program the department selects;41123

       (2) Fiscal performance, including cost-effective measures 41124
taken by the school.41125

       Sec. 3302.23.  The teacher incentive payment program is 41126
hereby established. Under the program, the department of education 41127
shall pay to eligible classroom teachers an annual stipend of 41128
fifty dollars for each of the teachers' students in classes that 41129
have achieved more than a standard year of academic growth, as 41130
defined in the rules adopted under section 3302.021 of the Ohio 41131
Revised Code, in one or more eligible subject areas taught by the 41132
teachers, as measured by the value-added progress dimension. The 41133
program applies only to teachers who teach in city, exempted 41134
village, local, and joint vocational school districts, community 41135
schools established under Chapter 3314. of the Revised Code, or 41136
STEM schools established under Chapter 3326. of the Revised Code 41137
in subject areas and grade levels for which value-added data is 41138
available under the value-added progress dimension, as determined 41139
by the department.41140

       If a student attains more than a standard year of academic 41141
growth in more than one eligible subject area, the fifty-dollar 41142
stipend attributable to that student shall be divided among the 41143
teachers who taught those subjects. If more than one teacher is 41144
responsible to teach a particular student in one eligible subject 41145
area, such as in a team-teaching arrangement, and that student 41146
attains more than a standard year of academic growth in that 41147
subject area, the portion of the stipend attributable to that 41148
student for that subject area shall be divided among the teachers 41149
who taught that student in that subject area.41150

       The first stipends paid under this section shall be based on 41151
student performance for the 2011-2012 school year as computed for 41152
the school district and school report cards issued by the 41153
department in 2012.41154

       The department shall pay the stipend to each eligible teacher 41155
as soon as possible after determining the teacher's eligibility.41156

       The state board of education, in consultation with the 41157
governor's office, shall adopt rules for the implementation of 41158
this section.41159

       Sec. 3302.24.  The teacher incentive payment program fund is 41160
hereby established in the state treasury. The fund shall consist 41161
of moneys appropriated by the general assembly specifically for 41162
the payment of stipends under the teacher incentive payment 41163
program established under section 3302.23 of the Revised Code. The 41164
department of education shall use moneys in the fund for that 41165
purpose.41166

       Sec. 3302.25.  (A) In accordance with standards prescribed by 41167
the state board of education for categorization of school district 41168
expenditures adopted under division (A) of section 3302.20 of the 41169
Revised Code, the department of education annually shall determine 41170
all of the following for the previous fiscal year:41171

       (1) For each school district, the ratio of the district's 41172
operating expenditures for instructional purposes compared to its 41173
operating expenditures for administrative purposes;41174

       (2) For each school district, the per pupil amount of the 41175
district's expenditures for instructional purposes;41176

       (3) For each school district, the per pupil amount of the 41177
district's operating expenditures for administrative purposes;41178

       (4) For each school district, the percentage of the 41179
district's operating expenditures attributable to school district 41180
funds; 41181

       (5) The statewide average among all school districts for each 41182
of the items described in divisions (A)(1) to (4) of this section. 41183

       (B) The department annually shall submit a report to each 41184
school district indicating the district's information for each of 41185
the items described in divisions (A)(1) to (4) of this section and 41186
the statewide averages described in division (A)(5) of this 41187
section. 41188

       (C) Each school district, upon receipt of the report 41189
prescribed by division (B) of this section, shall publish the 41190
information contained in that report in a prominent location on 41191
the district's web site and publish the report in another fashion 41192
so that it is available to all parents of students enrolled in the 41193
district and to taxpayers of the district.41194

       Sec. 3302.30.  (A) The superintendent of public instruction 41195
shall establish a pilot project in Columbiana county under which 41196
one or more school districts in that county shall offer a 41197
multiple-track high school curriculum for students with differing 41198
career plans. The superintendent shall solicit and select 41199
districts to participate in the pilot project. Selected districts 41200
shall begin offering their career track curricula not later than 41201
the school year that begins at least six months after the 41202
effective date of this section. No district shall be required to 41203
participate in the pilot project. 41204

       The curricula provided under the pilot project at each 41205
participating district shall offer at least three distinct career 41206
tracks, including at least a college preparatory track and a 41207
career-technical track. Each track shall comply with the 41208
curriculum requirements of section 3313.603 of the Revised Code. 41209
The different tracks may be offered at different campuses. Two or 41210
more participating districts may offer some or all of their 41211
respective curriculum tracks through a cooperative agreement 41212
entered into under section 3313.842 of the Revised Code. 41213

       The department of education shall provide technical 41214
assistance to participating districts in developing the curriculum 41215
tracks to offer to students under the pilot project. 41216

       Part or all of selected curriculum materials or services may 41217
be purchased from other public or private sources. 41218

       The state superintendent shall apply for private and other 41219
nonstate funds, and may use other available state funds, to 41220
support the pilot project.41221

       (B) Each participating school district shall report to the 41222
state superintendent data about the operation and results of the 41223
pilot project, as required by the superintendent.41224

       (C) Not later than the thirty-first day of December of the 41225
third school year in which the pilot project is operating, the 41226
state superintendent shall submit a report to the general 41227
assembly, in accordance with section 101.68 of the Revised Code, 41228
containing the superintendent's evaluation of the results of the 41229
pilot project and legislative recommendations whether to continue, 41230
expand, or make changes to the pilot project.41231

       Sec. 3304.181.  If the total of all funds available from 41232
nonfederal sources to support the activities of the rehabilitation 41233
services commission does not comply with the expenditure 41234
requirements of 34 C.F.R. 361.60 and 361.62 for those activities 41235
or would cause the state to lose an allotment or fail to receive a 41236
reallotment under 34 C.F.R. 361.65, the commission shall solicit 41237
additional funds from, and enter into agreements for the use of 41238
those funds with, private or public entities, including local 41239
government entities of this state. The commission shall continue 41240
to solicit additional funds and enter into agreements until the 41241
total funding available is sufficient for the commission to 41242
receive federal funds at the maximum amount and in the most 41243
advantageous proportion possible.41244

       Any agreement entered into between the commission and a 41245
private or public entity to provide funds under this section shall 41246
be in accordance with 34 C.F.R. 361.28 and section 3304.182 of the 41247
Revised Code.41248

       Sec. 3304.182.  Any agreement between the rehabilitation 41249
services commission and a private or public entity providing funds 41250
under section 3304.181 of the Revised Code may permit the 41251
commission to receive a specified percentage of the funds for 41252
administration, but the percentage shall be not more than thirteen 41253
per cent of the total funds available under the agreement. The 41254
agreement shall not be for less than six months or be discontinued 41255
by the commission without the commission first providing three 41256
months notice of intent to discontinue the agreement. The 41257
commission may terminate an agreement only for good cause.41258

       Any services provided under an agreement entered into under 41259
section 3304.181 of the Revised Code shall be provided by a person 41260
or government entity that meets the accreditation standards 41261
established in rules adopted by the commission under section 41262
3304.16 of the Revised Code.41263

       Sec. 3307.20.  (A) As used in this section:41264

       (1) "Personal history record" means information maintained by 41265
the state teachers retirement board on an individual who is a 41266
member, former member, contributor, former contributor, retirant, 41267
or beneficiary that includes the address, telephone number, social 41268
security number, record of contributions, correspondence with the 41269
state teachers retirement system, or other information the board 41270
determines to be confidential.41271

       (2) "Retirant" has the same meaning as in section 3307.50 of 41272
the Revised Code.41273

       (B) The records of the board shall be open to public 41274
inspection, except for the following, which shall be excluded, 41275
except with the written authorization of the individual concerned:41276

       (1) The individual's personal records provided for in section 41277
3307.23 of the Revised Code;41278

       (2) The individual's personal history record;41279

       (3) Any information identifying, by name and address, the 41280
amount of a monthly allowance or benefit paid to the individual.41281

       (C) All medical reports and recommendations under sections 41282
3307.62, 3307.64, and 3307.66 of the Revised Code are privileged, 41283
except that copies of such medical reports or recommendations 41284
shall be made available to the personal physician, attorney, or 41285
authorized agent of the individual concerned upon written release 41286
received from the individual or the individual's agent, or, when 41287
necessary for the proper administration of the fund, to the board 41288
assigned physician.41289

       (D) Any person who is a member or contributor of the system 41290
shall be furnished, on written request, with a statement of the 41291
amount to the credit of the person's account. The board need not 41292
answer more than one request of a person in any one year.41293

       (E) Notwithstanding the exceptions to public inspection in 41294
division (B) of this section, the board may furnish the following 41295
information:41296

       (1) If a member, former member, retirant, contributor, or 41297
former contributor is subject to an order issued under section 41298
2907.15 of the Revised Code or an order issued under division (A) 41299
or (B) of section 2929.192 of the Revised Code or is convicted of 41300
or pleads guilty to a violation of section 2921.41 of the Revised 41301
Code, on written request of a prosecutor as defined in section 41302
2935.01 of the Revised Code, the board shall furnish to the 41303
prosecutor the information requested from the individual's 41304
personal history record.41305

       (2) Pursuant to a court or administrative order issued under 41306
section 3119.80, 3119.81, 3121.02, 3121.03, or 3123.06 of the 41307
Revised Code, the board shall furnish to a court or child support 41308
enforcement agency the information required under that section.41309

       (3) At the written request of any person, the board shall 41310
provide to the person a list of the names and addresses of 41311
members, former members, retirants, contributors, former 41312
contributors, or beneficiaries. The costs of compiling, copying, 41313
and mailing the list shall be paid by such person.41314

       (4) Within fourteen days after receiving from the director of 41315
job and family services a list of the names and social security 41316
numbers of recipients of public assistance pursuant to section 41317
5101.181 of the Revised Code, the board shall inform the auditor 41318
of state of the name, current or most recent employer address, and 41319
social security number of each member whose name and social 41320
security number are the same as that of a person whose name or 41321
social security number was submitted by the director. The board 41322
and its employees shall, except for purposes of furnishing the 41323
auditor of state with information required by this section, 41324
preserve the confidentiality of recipients of public assistance in 41325
compliance with division (A) of section 5101.181 of the Revised 41326
Code.41327

       (5) The system shall comply with orders issued under section 41328
3105.87 of the Revised Code.41329

       On the written request of an alternate payee, as defined in 41330
section 3105.80 of the Revised Code, the system shall furnish to 41331
the alternate payee information on the amount and status of any 41332
amounts payable to the alternate payee under an order issued under 41333
section 3105.171 or 3105.65 of the Revised Code.41334

       (6) At the request of any person, the board shall make 41335
available to the person copies of all documents, including 41336
resumes, in the board's possession regarding filling a vacancy of 41337
a contributing member or retired teacher member of the board. The 41338
person who made the request shall pay the cost of compiling, 41339
copying, and mailing the documents. The information described in 41340
this division is a public record.41341

       (F) A statement that contains information obtained from the 41342
system's records that is signed by an officer of the retirement 41343
system and to which the system's official seal is affixed, or 41344
copies of the system's records to which the signature and seal are 41345
attached, shall be received as true copies of the system's records 41346
in any court or before any officer of this state.41347

       Sec. 3307.31.  (A) Payments by boards of education and 41348
governing authorities of community schools to the state teachers 41349
retirement system, as provided in sections 3307.29 and 3307.291 of 41350
the Revised Code, shall be made from the amount allocated under 41351
section 3314.08, Chapter 3306., or Chapter 3317. of the Revised 41352
Code prior to its distribution to the individual school districts 41353
or community schools. The amount due from each school district or 41354
community school shall be certified by the secretary of the system 41355
to the superintendent of public instruction monthly, or at such 41356
times as may be determined by the state teachers retirement board.41357

       The superintendent shall deduct, from the amount allocated to 41358
each district or community school under section 3314.08, Chapter 41359
3306., or Chapter 3317. of the Revised Code, the entire amounts 41360
due to the system from such district or school upon the 41361
certification to the superintendent by the secretary thereof.41362

       The superintendent shall certify to the director of budget 41363
and management the amounts thus due the system for payment.41364

       (B) Payments to the state teachers retirement system by a 41365
science, technology, engineering, and mathematics school shall be 41366
deducted from the amount allocated under section 3326.33 of the 41367
Revised Code and shall be made in the same manner as payments by 41368
boards of education under this section.41369

       Sec. 3307.64.  A disability benefit recipient, 41370
notwithstanding section 3319.13 of the Revised Code, shall retain 41371
membership in the state teachers retirement system and shall be 41372
considered on leave of absence during the first five years 41373
following the effective date of a disability benefit.41374

       The state teachers retirement board shall require any 41375
disability benefit recipient to submit to an annual medical 41376
examination by a physician selected by the board, except that the 41377
board may waive the medical examination if the board's physician 41378
certifies that the recipient's disability is ongoing. If a 41379
disability benefit recipient refuses to submit to a medical 41380
examination, the recipient's disability benefit shall be suspended 41381
until the recipient withdraws the refusal. If the refusal 41382
continues for one year, all the recipient's rights under and to 41383
the disability benefit shall be terminated as of the effective 41384
date of the original suspension.41385

       After the examination, the examiner shall report and certify 41386
to the board whether the disability benefit recipient is no longer 41387
physically and mentally incapable of resuming the service from 41388
which the recipient was found disabled. If the board concurs in a 41389
report by the examining physician that the disability benefit 41390
recipient is no longer incapable, the payment of a disability 41391
benefit shall be terminated not later than the following 41392
thirty-first day of August or upon employment as a teacher prior 41393
thereto. If the leave of absence has not expired, the board shall 41394
so certify to the disability benefit recipient's last employer 41395
before being found disabled that the recipient is no longer 41396
physically and mentally incapable of resuming service that is the 41397
same or similar to that from which the recipient was found 41398
disabled. If the recipient was under contract at the time the 41399
recipient was found disabled, the employer by the first day of the 41400
next succeeding year shall restore the recipient to the 41401
recipient's previous position and salary or to a position and 41402
salary similar thereto, unless the recipient was dismissed or 41403
resigned in lieu of dismissal for dishonesty, misfeasance, 41404
malfeasance, or conviction of a felony. 41405

       A disability benefit shall terminate if the disability 41406
benefit recipient becomes employed as a teacher in any public or 41407
private school or institution in this state or elsewhere. An 41408
individual receiving a disability benefit from the system shall be 41409
ineligible for any employment as a teacher and it shall be 41410
unlawful for any employer to employ the individual as a teacher. 41411
If any employer should employ or reemploy the individual prior to 41412
the termination of a disability benefit, the employer shall file 41413
notice of employment with the board designating the date of the 41414
employment. If the individual should be paid both a disability 41415
benefit and also compensation for teaching service for all or any 41416
part of the same month, the secretary of the board shall certify 41417
to the employer or to the superintendent of public instruction the 41418
amount of the disability benefit received by the individual during 41419
the employment, which amount shall be deducted from any amount due 41420
the employing district under Chapters 3306. andChapter 3317. of 41421
the Revised Code or shall be paid by the employer to the annuity 41422
and pension reserve fund.41423

       Each disability benefit recipient shall file with the board 41424
an annual statement of earnings, current medical information on 41425
the recipient's condition, and any other information required in 41426
rules adopted by the board. The board may waive the requirement 41427
that a disability benefit recipient file an annual statement of 41428
earnings or current medical information if the board's physician 41429
certifies that the recipient's disability is ongoing.41430

       The board shall annually examine the information submitted by 41431
the recipient. If a disability benefit recipient refuses to file 41432
the statement or information, the disability benefit shall be 41433
suspended until the statement and information are filed. If the 41434
refusal continues for one year, the recipient's right to the 41435
disability benefit shall be terminated as of the effective date of 41436
the original suspension.41437

       A disability benefit also may be terminated by the board at 41438
the request of the disability benefit recipient.41439

       If disability retirement under section 3307.63 of the Revised 41440
Code is terminated for any reason, the annuity and pension 41441
reserves at that time in the annuity and pension reserve fund 41442
shall be transferred to the teachers' savings fund and the 41443
employers' trust fund, respectively. If the total disability 41444
benefit paid was less than the amount of the accumulated 41445
contributions of the member transferred to the annuity and pension 41446
reserve fund at the time of the member's disability retirement, 41447
then the difference shall be transferred from the annuity and 41448
pension reserve fund to another fund as required. In determining 41449
the amount of a member's account following the termination of 41450
disability retirement for any reason, the total amount paid shall 41451
be charged against the member's refundable account.41452

       If a disability allowance paid under section 3307.631 of the 41453
Revised Code is terminated for any reason, the reserve on the 41454
allowance at that time in the annuity and pension reserve fund 41455
shall be transferred from that fund to the employers' trust fund.41456

       If a former disability benefit recipient again becomes a 41457
contributor, other than as an other system retirant under section 41458
3307.35 of the Revised Code, to this retirement system, the school 41459
employees retirement system, or the public employees retirement 41460
system, and completes at least two additional years of service 41461
credit, the former disability benefit recipient shall receive 41462
credit for the period as a disability benefit recipient.41463

       Sec. 3309.22.  (A)(1) As used in this division, "personal 41464
history record" means information maintained by the board on an 41465
individual who is a member, former member, contributor, former 41466
contributor, retirant, or beneficiary that includes the address, 41467
telephone number, social security number, record of contributions, 41468
correspondence with the system, and other information the board 41469
determines to be confidential.41470

       (2) The records of the board shall be open to public 41471
inspection, except for the following, which shall be excluded, 41472
except with the written authorization of the individual concerned:41473

       (a) The individual's statement of previous service and other 41474
information as provided for in section 3309.28 of the Revised 41475
Code;41476

       (b) Any information identifying by name and address the 41477
amount of a monthly allowance or benefit paid to the individual;41478

       (c) The individual's personal history record.41479

       (B) All medical reports and recommendations required by the 41480
system are privileged except that copies of such medical reports 41481
or recommendations shall be made available to the personal 41482
physician, attorney, or authorized agent of the individual 41483
concerned upon written release received from the individual or the 41484
individual's agent, or when necessary for the proper 41485
administration of the fund, to the board assigned physician.41486

       (C) Any person who is a contributor of the system shall be 41487
furnished, on written request, with a statement of the amount to 41488
the credit of the person's account. The board need not answer more 41489
than one such request of a person in any one year.41490

       (D) Notwithstanding the exceptions to public inspection in 41491
division (A)(2) of this section, the board may furnish the 41492
following information:41493

       (1) If a member, former member, contributor, former 41494
contributor, or retirant is subject to an order issued under 41495
section 2907.15 of the Revised Code or an order issued under 41496
division (A) or (B) of section 2929.192 of the Revised Code or is 41497
convicted of or pleads guilty to a violation of section 2921.41 of 41498
the Revised Code, on written request of a prosecutor as defined in 41499
section 2935.01 of the Revised Code, the board shall furnish to 41500
the prosecutor the information requested from the individual's 41501
personal history record.41502

       (2) Pursuant to a court or administrative order issued under 41503
section 3119.80, 3119.81, 3121.02, 3121.03, or 3123.06 of the 41504
Revised Code, the board shall furnish to a court or child support 41505
enforcement agency the information required under that section.41506

       (3) At the written request of any person, the board shall 41507
provide to the person a list of the names and addresses of 41508
members, former members, retirants, contributors, former 41509
contributors, or beneficiaries. The costs of compiling, copying, 41510
and mailing the list shall be paid by such person.41511

       (4) Within fourteen days after receiving from the director of 41512
job and family services a list of the names and social security 41513
numbers of recipients of public assistance pursuant to section 41514
5101.181 of the Revised Code, the board shall inform the auditor 41515
of state of the name, current or most recent employer address, and 41516
social security number of each contributor whose name and social 41517
security number are the same as that of a person whose name or 41518
social security number was submitted by the director. The board 41519
and its employees shall, except for purposes of furnishing the 41520
auditor of state with information required by this section, 41521
preserve the confidentiality of recipients of public assistance in 41522
compliance with division (A) of section 5101.181 of the Revised 41523
Code.41524

       (5) The system shall comply with orders issued under section 41525
3105.87 of the Revised Code.41526

       On the written request of an alternate payee, as defined in 41527
section 3105.80 of the Revised Code, the system shall furnish to 41528
the alternate payee information on the amount and status of any 41529
amounts payable to the alternate payee under an order issued under 41530
section 3105.171 or 3105.65 of the Revised Code.41531

       (6) At the request of any person, the board shall make 41532
available to the person copies of all documents, including 41533
resumes, in the board's possession regarding filling a vacancy of 41534
an employee member or retirant member of the board. The person who 41535
made the request shall pay the cost of compiling, copying, and 41536
mailing the documents. The information described in this division 41537
is a public record.41538

       (E) A statement that contains information obtained from the 41539
system's records that is signed by an officer of the retirement 41540
system and to which the system's official seal is affixed, or 41541
copies of the system's records to which the signature and seal are 41542
attached, shall be received as true copies of the system's records 41543
in any court or before any officer of this state.41544

       Sec. 3309.41.  (A) A disability benefit recipient shall 41545
retain membership status and shall be considered on leave of 41546
absence from employment during the first five years following the 41547
effective date of a disability benefit, notwithstanding any 41548
contrary provisions in Chapter 124. or 3319. of the Revised Code.41549

       (B) The school employees retirement board shall require a 41550
disability benefit recipient to undergo an annual medical 41551
examination, except that the board may waive the medical 41552
examination if the board's physician or physicians certify that 41553
the recipient's disability is ongoing. Should any disability 41554
benefit recipient refuse to submit to a medical examination, the 41555
recipient's disability benefit shall be suspended until withdrawal 41556
of the refusal. Should the refusal continue for one year, all the 41557
recipient's rights in and to the disability benefit shall be 41558
terminated as of the effective date of the original suspension. 41559

       (C) On completion of the examination by an examining 41560
physician or physicians selected by the board, the physician or 41561
physicians shall report and certify to the board whether the 41562
disability benefit recipient is no longer physically and mentally 41563
incapable of resuming the service from which the recipient was 41564
found disabled. If the board concurs in the report that the 41565
disability benefit recipient is no longer incapable, the payment 41566
of the disability benefit shall be terminated not later than three 41567
months after the date of the board's concurrence or upon 41568
employment as an employee. If the leave of absence has not 41569
expired, the retirement board shall certify to the disability 41570
benefit recipient's last employer before being found disabled that 41571
the recipient is no longer physically and mentally incapable of 41572
resuming service that is the same or similar to that from which 41573
the recipient was found disabled. The employer shall restore the 41574
recipient to the recipient's previous position and salary or to a 41575
position and salary similar thereto not later than the first day 41576
of the first month following termination of the disability 41577
benefit, unless the recipient was dismissed or resigned in lieu of 41578
dismissal for dishonesty, misfeasance, malfeasance, or conviction 41579
of a felony.41580

       (D) Each disability benefit recipient shall file with the 41581
board an annual statement of earnings, current medical information 41582
on the recipient's condition, and any other information required 41583
in rules adopted by the board. The board may waive the requirement 41584
that a disability benefit recipient file an annual statement of 41585
earnings or current medical information on the recipient's 41586
condition if the board's physician or physicians certify that the 41587
recipient's disability is ongoing.41588

       The board shall annually examine the information submitted by 41589
the recipient. If a disability benefit recipient refuses to file 41590
the statement or information, the disability benefit shall be 41591
suspended until the statement and information are filed. If the 41592
refusal continues for one year, the recipient's right to the 41593
disability benefit shall be terminated as of the effective date of 41594
the original suspension.41595

       (E) If a disability benefit recipient is employed by an 41596
employer covered by this chapter, the recipient's disability 41597
benefit shall cease.41598

       (F) If disability retirement under section 3309.40 of the 41599
Revised Code is terminated for any reason, the annuity and pension 41600
reserves at that time in the annuity and pension reserve fund 41601
shall be transferred to the employees' savings fund and the 41602
employers' trust fund, respectively. If the total disability 41603
benefit paid is less than the amount of the accumulated 41604
contributions of the member transferred into the annuity and 41605
pension reserve fund at the time of the member's disability 41606
retirement, the difference shall be transferred from the annuity 41607
and pension reserve fund to another fund as may be required. In 41608
determining the amount of a member's account following the 41609
termination of disability retirement for any reason, the amount 41610
paid shall be charged against the member's refundable account.41611

       If a disability allowance paid under section 3309.401 of the 41612
Revised Code is terminated for any reason, the reserve on the 41613
allowance at that time in the annuity and pension reserve fund 41614
shall be transferred from that fund to the employers' trust fund.41615

       The board may terminate a disability benefit at the request 41616
of the recipient.41617

       (G) If a disability benefit is terminated and a former 41618
disability benefit recipient again becomes a contributor, other 41619
than as an other system retirant as defined in section 3309.341 of 41620
the Revised Code, to this system, the public employees retirement 41621
system, or the state teachers retirement system, and completes an 41622
additional two years of service credit after the termination of 41623
the disability benefit, the former disability benefit recipient 41624
shall be entitled to full service credit for the period as a 41625
disability benefit recipient.41626

       (H) If any employer employs any member who is receiving a 41627
disability benefit, the employer shall file notice of employment 41628
with the retirement board, designating the date of employment. In 41629
case the notice is not filed, the total amount of the benefit paid 41630
during the period of employment prior to notice shall be paid from 41631
amounts allocated under Chapters 3306. andChapter 3317. of the 41632
Revised Code prior to its distribution to the school district in 41633
which the disability benefit recipient was so employed.41634

       Sec. 3309.48.  Any employee who left the service of an 41635
employer after attaining age sixty-five or over and such employer 41636
had failed or refused to deduct and transmit to the school 41637
employees retirement system the employee contributions as required 41638
by section 3309.47 of the Revised Code during any year for which 41639
membership was compulsory as determined by the school employees 41640
retirement board, shall be granted service credit without cost, 41641
which shall be considered as total service credit for the purposes 41642
of meeting the qualifications for service retirement provided by 41643
the law in effect on and retroactive to the first eligible 41644
retirement date following the date such employment terminated, but 41645
shall not be paid until formal application for such allowance on a 41646
form provided by the retirement board is received in the office of 41647
the retirement system. The total service credit granted under this 41648
section shall not exceed ten years for any such employee.41649

       The liability incurred by the retirement board because of the 41650
service credit granted under this section shall be determined by 41651
the retirement board, the cost of which shall be equal to an 41652
amount that is determined by applying the combined employee and 41653
employer rates of contribution against the compensation of such 41654
employee at the rates of contribution and maximum salary 41655
provisions in effect during such employment for each year for 41656
which credit is granted, together with interest at the rate to be 41657
credited accumulated contributions at retirement, compounded 41658
annually from the first day of the month payment was due the 41659
retirement system to and including the month of deposit, the total 41660
amount of which shall be collected from the employer. Such amounts 41661
shall be certified by the retirement board to the superintendent 41662
of public instruction, who shall deduct the amount due the system 41663
from any funds due the affected school district under Chapters 41664
3306. andChapter 3317. of the Revised Code. The superintendent 41665
shall certify to the director of budget and management the amount 41666
due the system for payment. The total amount paid shall be 41667
deposited into the employers' trust fund, and shall not be 41668
considered as accumulated contributions of the employee in the 41669
event of the employee's death or withdrawal of funds.41670

       Sec. 3309.51. (A) Each employer shall pay annually into the 41671
employers' trust fund, in such monthly or less frequent 41672
installments as the school employees retirement board requires, an 41673
amount certified by the school employees retirement board, which 41674
shall be as required by Chapter 3309. of the Revised Code.41675

       Payments by school district boards of education to the 41676
employers' trust fund of the school employees retirement system 41677
may be made from the amounts allocated under Chapters 3306. and41678
Chapter 3317. of the Revised Code prior to their distribution to 41679
the individual school districts. The amount due from each school 41680
district may be certified by the secretary of the system to the 41681
superintendent of public instruction monthly, or at such times as 41682
is determined by the school employees retirement board.41683

       Payments by governing authorities of community schools to the 41684
employers' trust fund of the school employees retirement system 41685
shall be made from the amounts allocated under section 3314.08 of 41686
the Revised Code prior to their distribution to the individual 41687
community schools. The amount due from each community school shall 41688
be certified by the secretary of the system to the superintendent 41689
of public instruction monthly, or at such times as determined by 41690
the school employees retirement board.41691

       Payments by a science, technology, engineering, and 41692
mathematics school to the employers' trust fund of the school 41693
employees retirement system shall be made from the amounts 41694
allocated under section 3326.33 of the Revised Code prior to their 41695
distribution to the school. The amount due from a science, 41696
technology, engineering, and mathematics school shall be certified 41697
by the secretary of the school employees retirement system to the 41698
superintendent of public instruction monthly, or at such times as 41699
determined by the school employees retirement board.41700

       (B) The superintendent shall deduct from the amount allocated 41701
to each community school under section 3314.08 of the Revised 41702
Code, to each school district under Chapters 3306. andChapter41703
3317. of the Revised Code, or to each science, technology, 41704
engineering, and mathematics school under section 3326.33 of the 41705
Revised Code the entire amounts due to the school employees 41706
retirement system from such school or school district upon the 41707
certification to the superintendent by the secretary thereof.41708

       (C) Where an employer fails or has failed or refuses to make 41709
payments to the employers' trust fund, as provided for under 41710
Chapter 3309. of the Revised Code, the secretary of the school 41711
employees retirement system may certify to the state 41712
superintendent of public instruction, monthly or at such times as 41713
is determined by the school employees retirement board, the amount 41714
due from such employer, and the superintendent shall deduct from 41715
the amount allocated to the employer under section 3314.08 or 41716
3326.33 or Chapter 3306. or 3317. of the Revised Code, as 41717
applicable, the entire amounts due to the system from the employer 41718
upon the certification to the superintendent by the secretary of 41719
the school employees retirement system.41720

       (D) The superintendent shall certify to the director of 41721
budget and management the amounts thus due the system for payment.41722

       Sec. 3310.02. (A) The educational choice scholarship pilot 41723
program is hereby established. Under the program, the department 41724
of education annually shall pay scholarships to attend chartered 41725
nonpublic schools in accordance with section 3310.08 of the 41726
Revised Code for up to fourteen thousandthe following number of41727
eligible students:41728

       (1) Thirty thousand in the 2011-2012 school year;41729

       (2) Sixty thousand in the 2012-2013 school year and 41730
thereafter. If41731

       (B) If the number of students who apply for a scholarship 41732
exceeds fourteen thousandthe number of scholarships available 41733
under division (A) of this section for the applicable school year, 41734
the department shall award scholarships in the following order of 41735
priority:41736

       (A)(1) First, to eligible students who received scholarships 41737
in the prior school year;41738

       (B)(2) Second, to eligible students with family incomes at or 41739
below two hundred per cent of the federal poverty guidelines, as 41740
defined in section 5101.46 of the Revised Code, who qualify under 41741
division (A) of section 3310.03 of the Revised Code. If the number 41742
of students described in this division (B)(2) of this section who 41743
apply for a scholarship exceeds the number of available 41744
scholarships after awards are made under division (A)(B)(1) of 41745
this section, the department shall select students described in 41746
this division (B)(2) of this section by lot to receive any 41747
remaining scholarships.41748

       (C)(3) Third, to other eligible students who qualify under 41749
division (A) of section 3310.03 of the Revised Code. If the number 41750
of students described in this division (B)(3) of this section who 41751
apply for a scholarship exceeds the number of available 41752
scholarships after awards are made under divisions (A)(B)(1) and 41753
(B)(2) of this section, the department shall select students 41754
described in this division (B)(3) of this section by lot to 41755
receive any remaining scholarships.41756

       (4) Fourth, to eligible students with family incomes at or 41757
below two hundred per cent of the federal poverty guidelines who 41758
qualify under division (B) of section 3310.03 of the Revised Code. 41759
If the number of students described in division (B)(4) of this 41760
section who apply for a scholarship exceeds the number of 41761
available scholarships after awards are made under divisions 41762
(B)(1) to (3) of this section, the department shall select 41763
students described in division (B)(4) of this section by lot to 41764
receive any remaining scholarships.41765

       (5) Fifth, to other eligible students who qualify under 41766
division (B) of section 3310.03 of the Revised Code. If the number 41767
of students described in division (B)(5) of this section who apply 41768
for a scholarship exceeds the number of available scholarships 41769
after awards are made under divisions (B)(1) to (4) of this 41770
section, the department shall select students described in 41771
division (B)(5) of this section by lot to receive any remaining 41772
scholarships.41773

       Sec. 3310.03. (A) A student is an "eligible student" for 41774
purposes of the educational choice scholarship pilot program if 41775
the student's resident district is not a school district in which 41776
the pilot project scholarship program is operating under sections 41777
3313.974 to 3313.979 of the Revised Code and the student satisfies 41778
one of the following conditions in division (A) or (B) of this 41779
section:41780

       (A)(1) The student is enrolled in a school building that is 41781
operated by the student's resident district and to which both of 41782
the following apply:41783

       (a) The building was declared, in at least two of the three 41784
most recent ratings of school buildings published prior to the 41785
first day of July of the school year for which a scholarship is 41786
sought, to be in a state of academic emergency or academic watch 41787
under section 3302.03 of the Revised Code;41788

       (b) The building was not declared to be excellent or 41789
effective under that section in the most recent rating published 41790
prior to the first day of July of the school year for which a 41791
scholarship is sought.41792

       (2) The student is eligible to enroll in kindergarten in the 41793
school year for which a scholarship is sought and otherwise would 41794
be assigned under section 3319.01 of the Revised Code to a school 41795
building described in division (A)(1) of this section.41796

       (3) The student is enrolled in a community school established 41797
under Chapter 3314. of the Revised Code but otherwise would be 41798
assigned under section 3319.01 of the Revised Code to a building 41799
described in division (A)(1) of this section.41800

       (4) The student is enrolled in a school building that is 41801
operated by the student's resident district or in a community 41802
school established under Chapter 3314. of the Revised Code and 41803
otherwise would be assigned under section 3319.01 of the Revised 41804
Code to a school building described in division (A)(1) of this 41805
section in the school year for which the scholarship is sought.41806

       (5) The student is eligible to enroll in kindergarten in the 41807
school year for which a scholarship is sought, or is enrolled in a 41808
community school established under Chapter 3314. of the Revised 41809
Code, and all of the following apply to the student's resident 41810
district:41811

        (a) The district has in force an intradistrict open 41812
enrollment policy under which no student in kindergarten or the 41813
community school student's grade level, respectively, is 41814
automatically assigned to a particular school building;41815

       (b) In at least two of the three most recent ratings of 41816
school districts published prior to the first day of July of the 41817
school year for which a scholarship is sought, the district was 41818
declared to be in a state of academic emergency under section 41819
3302.03 of the Revised Code;41820

       (c) The district was not declared to be excellent or 41821
effective under that section in the most recent rating published 41822
prior to the first day of July of the school year for which a 41823
scholarship is sought.41824

       (B)(1) The student is enrolled in a school building that is 41825
operated by the student's resident district and to which both of 41826
the following apply:41827

       (a) The building was ranked, in at least two of the three 41828
most recent ratings of school buildings published prior to the 41829
first day of July of the school year for which a scholarship is 41830
sought, in the lowest ten per cent of school buildings according 41831
to performance index score reported under section 3302.03 of the 41832
Revised Code.41833

       (b) The building was not declared to be excellent or 41834
effective under that section in the most recent rating published 41835
prior to the first day of July of the school year for which a 41836
scholarship is sought.41837

       (2) The student is eligible to enroll in kindergarten in the 41838
school year for which a scholarship is sought and otherwise would 41839
be assigned under section 3319.01 of the Revised Code to a school 41840
building described in division (B)(1) of this section.41841

       (3) The student is enrolled in a community school established 41842
under Chapter 3314. of the Revised Code but otherwise would be 41843
assigned under section 3319.01 of the Revised Code to a building 41844
described in division (B)(1) of this section.41845

       (4) The student is enrolled in a school building that is 41846
operated by the student's resident district or in a community 41847
school established under Chapter 3314. of the Revised Code and 41848
otherwise would be assigned under section 3319.01 of the Revised 41849
Code to a school building described in division (B)(1) of this 41850
section in the school year for which the scholarship is sought.41851

       (C) A student who receives a scholarship under the 41852
educational choice scholarship pilot program remains an eligible 41853
student and may continue to receive scholarships in subsequent 41854
school years until the student completes grade twelve, so long as 41855
all of the following apply:41856

       (1) The student's resident district remains the same, or the 41857
student transfers to a new resident district and otherwise would 41858
be assigned in the new resident district to a school building 41859
described in division (A)(1) or (6)(B)(1) of this section; 41860

       (2) The student takes each assessment prescribed for the 41861
student's grade level under section 3301.0710 or 3301.0712 of the 41862
Revised Code while enrolled in a chartered nonpublic school;41863

       (3) In each school year that the student is enrolled in a 41864
chartered nonpublic school, the student is absent from school for 41865
not more than twenty days that the school is open for instruction, 41866
not including excused absences.41867

       (C)(D)(1) The department shall cease awarding first-time 41868
scholarships pursuant to divisions (A)(1) to (4) of this section 41869
with respect to a school building that, in the most recent ratings 41870
of school buildings published under section 3302.03 of the Revised 41871
Code prior to the first day of July of the school year, ceases to 41872
meet the criteria in division (A)(1) of this section. The 41873
department shall cease awarding first-time scholarships pursuant 41874
to division (A)(5) of this section with respect to a school 41875
district that, in the most recent ratings of school districts 41876
published under section 3302.03 of the Revised Code prior to the 41877
first day of July of the school year, ceases to meet the criteria 41878
in division (A)(5) of this section. However41879

       (2) The department shall cease awarding first-time 41880
scholarships pursuant to divisions (B)(1) to (4) of this section 41881
with respect to a school building that, in the most recent ratings 41882
of school buildings under section 3302.03 of the Revised Code 41883
prior to the first day of July of the school year, ceases to meet 41884
the criteria in division (B)(1) of this section. 41885

       (3) However, students who have received scholarships in the 41886
prior school year remain eligible students pursuant to division 41887
(B)(C) of this section.41888

       (D)(E) The state board of education shall adopt rules 41889
defining excused absences for purposes of division (B)(C)(3) of 41890
this section.41891

       Sec. 3310.05.  A scholarship under the educational choice 41892
scholarship pilot program is not available for any student whose 41893
resident district is a school district in which the pilot project 41894
scholarship program is operating under sections 3313.974 to 41895
3313.979 of the Revised Code. The two pilot programs are separate 41896
and distinct. The general assembly has prescribed separate 41897
scholarship amounts for the two pilot programs in recognition of 41898
their, with differing eligibility criteria. The pilot project 41899
scholarship program operating under sections 3313.974 to 3313.979 41900
of the Revised Code is a district-wide program that may award 41901
scholarships to students who do not attend district schools that 41902
face academic challenges, whereas the educational choice 41903
scholarship pilot program established under sections 3310.01 to 41904
3310.17 of the Revised Code is limited to students of individual 41905
district school buildings that face academic challenges.41906

       Sec. 3310.08. (A) The amount paid for an eligible student 41907
under the educational choice scholarship pilot program shall be 41908
the lesser of the tuition of the chartered nonpublic school in 41909
which the student is enrolled or the maximum amount prescribed in 41910
section 3310.09 of the Revised Code.41911

        (B)(1) The department shall pay to the parent of each 41912
eligible student for whom a scholarship is awarded under the 41913
program, or to the student if at least eighteen years of age, 41914
periodic partial payments of the scholarship.41915

        (2) The department shall proportionately reduce or terminate 41916
the payments for any student who withdraws from a chartered 41917
nonpublic school prior to the end of the school year.41918

       (C)(1) The department shall deduct five thousand two hundred 41919
dollars from the payments made to each school district under 41920
Chapters 3306. andChapter 3317., and, if necessary, sections 41921
321.24 and 323.156 of the Revised Code, the amount paid under 41922
division (B) of this section for each eligible student awarded a 41923
scholarship under the educational choice scholarship pilot program 41924
who is entitled under section 3313.64 or 3313.65 of the Revised 41925
Code to attend school in the district.41926

       The amount deducted under division (C)(1) of this section 41927
funds scholarships for students under both the educational choice 41928
scholarship pilot program and the pilot project scholarship 41929
program under sections 3313.974 to 3313.979 of the Revised Code.41930

       (2) If the department reduces or terminates payments to a 41931
parent or a student, as prescribed in division (B)(2) of this 41932
section, and the student enrolls in the schools of the student's 41933
resident district or in a community school, established under 41934
Chapter 3314. of the Revised Code, before the end of the school 41935
year, the department shall proportionally restore to the resident 41936
district the amount deducted for that student under division 41937
(C)(1) of this section.41938

       (D) In the case of any school district from which a deduction 41939
is made under division (C) of this section, the department shall 41940
disclose on the district's SF-3 form, or any successor to that 41941
form used to calculate a district's state funding for operating 41942
expenses, a comparison of the following:41943

       (1) The district's state share of the adequacy amount 41944
payment, as calculated under section 3306.13 of the Revised Code 41945
with the scholarship students included in the district's formula 41946
ADM;41947

       (2) What the district's state share of the adequacy amount 41948
payment would have been, as calculated under that section if the 41949
scholarship students were not included in the district's formula 41950
ADM.41951

       This comparison shall display both the aggregate difference 41952
between the amounts described in divisions (D)(1) and (2) of this 41953
section, and the quotient of that aggregate difference divided by 41954
the number of eligible students for whom deductions are made under 41955
division (C) of this section.41956

       Sec. 3310.41. (A) As used in this section:41957

       (1) "Alternative public provider" means either of the 41958
following providers that agrees to enroll a child in the 41959
provider's special education program to implement the child's 41960
individualized education program and to which the child's parent 41961
owes fees for the services provided to the child:41962

        (a) A school district that is not the school district in 41963
which the child is entitled to attend school;41964

        (b) A public entity other than a school district.41965

       (2) "Entitled to attend school" means entitled to attend 41966
school in a school district under section 3313.64 or 3313.65 of 41967
the Revised Code. 41968

       (3) "Formula ADM" and "category six special education ADM" 41969
have the same meanings as in section 3317.02 of the Revised Code.41970

        (4) "Preschool child with a disability" and "individualized 41971
education program" have the same meanings as in section 3323.01 of 41972
the Revised Code.41973

       (5) "Parent" has the same meaning as in section 3313.64 of 41974
the Revised Code, except that "parent" does not mean a parent 41975
whose custodial rights have been terminated.41976

       (6) "Preschool scholarship ADM" means the number of preschool 41977
children with disabilities reported under division (B)(3)(h) of 41978
section 3317.03 of the Revised Code.41979

       (7) "Qualified special education child" is a child for whom 41980
all of the following conditions apply:41981

       (a) The school district in which the child is entitled to 41982
attend school has identified the child as autistic. A child who 41983
has been identified as having a "pervasive developmental disorder 41984
- not otherwise specified (PPD-NOS)" shall be considered to be an 41985
autistic child for purposes of this section.41986

       (b) The school district in which the child is entitled to 41987
attend school has developed an individualized education program 41988
under Chapter 3323. of the Revised Code for the child.41989

       (c) The child either:41990

       (i) Was enrolled in the school district in which the child is 41991
entitled to attend school in any grade from preschool through 41992
twelve in the school year prior to the year in which a scholarship 41993
under this section is first sought for the child; or41994

       (ii) Is eligible to enter school in any grade preschool 41995
through twelve in the school district in which the child is 41996
entitled to attend school in the school year in which a 41997
scholarship under this section is first sought for the child.41998

       (8) "Registered private provider" means a nonpublic school or 41999
other nonpublic entity that has been approved by the department of 42000
education to participate in the program established under this 42001
section.42002

       (9) "Special education program" means a school or facility 42003
that provides special education and related services to children 42004
with disabilities.42005

       (B) There is hereby established the autism scholarship 42006
program. Under the program, the department of education shall pay 42007
a scholarship to the parent of each qualified special education 42008
child upon application of that parent pursuant to procedures and 42009
deadlines established by rule of the state board of education. 42010
Each scholarship shall be used only to pay tuition for the child 42011
on whose behalf the scholarship is awarded to attend a special 42012
education program that implements the child's individualized 42013
education program and that is operated by an alternative public 42014
provider or by a registered private provider. Each scholarship 42015
shall be in an amount not to exceed the lesser of the tuition 42016
charged for the child by the special education program or twenty 42017
thousand dollars. The purpose of the scholarship is to permit the 42018
parent of a qualified special education child the choice to send 42019
the child to a special education program, instead of the one 42020
operated by or for the school district in which the child is 42021
entitled to attend school, to receive the services prescribed in 42022
the child's individualized education program once the 42023
individualized education program is finalized. AThe services 42024
provided under the scholarship shall include an educational 42025
component.42026

       A scholarship under this section shall not be awarded to the 42027
parent of a child while the child's individualized education 42028
program is being developed by the school district in which the 42029
child is entitled to attend school, or while any administrative or 42030
judicial mediation or proceedings with respect to the content of 42031
the child's individualized education program are pending. A 42032
scholarship under this section shall not be used for a child to 42033
attend a public special education program that operates under a 42034
contract, compact, or other bilateral agreement between the school 42035
district in which the child is entitled to attend school and 42036
another school district or other public provider, or for a child 42037
to attend a community school established under Chapter 3314. of 42038
the Revised Code. However, nothing in this section or in any rule 42039
adopted by the state board shall prohibit a parent whose child 42040
attends a public special education program under a contract, 42041
compact, or other bilateral agreement, or a parent whose child 42042
attends a community school, from applying for and accepting a 42043
scholarship under this section so that the parent may withdraw the 42044
child from that program or community school and use the 42045
scholarship for the child to attend a special education program 42046
for which the parent is required to pay for services for the 42047
child. A42048

       A child attending a special education program with a 42049
scholarship under this section shall continue to be entitled to 42050
transportation to and from that program in the manner prescribed 42051
by law.42052

       (C)(1) As prescribed in divisions (A)(2)(h), (B)(3)(g), and 42053
(B)(10) of section 3317.03 of the Revised Code, a child who is not 42054
a preschool child with a disability for whom a scholarship is 42055
awarded under this section shall be counted in the formula ADM and 42056
the category six special education ADM of the district in which 42057
the child is entitled to attend school and not in the formula ADM 42058
and the category six special education ADM of any other school 42059
district. As prescribed in divisions (B)(3)(h) and (B)(10) of 42060
section 3317.03 of the Revised Code, a child who is a preschool 42061
child with a disability for whom a scholarship is awarded under 42062
this section shall be counted in the preschool scholarship ADM and 42063
category six special education ADM of the school district in which 42064
the child is entitled to attend school and not in the preschool 42065
scholarship ADM or category six special education ADM of any other 42066
school district.42067

       (2) In each fiscal year, the department shall deduct from the 42068
amounts paid to each school district under Chapters 3306. and42069
Chapter 3317. of the Revised Code, and, if necessary, sections 42070
321.24 and 323.156 of the Revised Code, the aggregate amount of 42071
scholarships awarded under this section for qualified special 42072
education children included in the formula ADM, or preschool 42073
scholarship ADM, and in the category six special education ADM of 42074
that school district as provided in division (C)(1) of this 42075
section. When computing the school district's instructional 42076
services support under section 3306.05 of the Revised Code, the 42077
department shall add the district's preschool scholarship ADM to 42078
the district's formula ADM.42079

       The scholarships deducted shall be considered as an approved 42080
special education and related services expense of the school 42081
district.42082

       (3) From time to time, the department shall make a payment to 42083
the parent of each qualified special education child for whom a 42084
scholarship has been awarded under this section. The scholarship 42085
amount shall be proportionately reduced in the case of any such 42086
child who is not enrolled in the special education program for 42087
which a scholarship was awarded under this section for the entire 42088
school year. The department shall make no payments to the parent 42089
of a child while any administrative or judicial mediation or 42090
proceedings with respect to the content of the child's 42091
individualized education program are pending.42092

       (D) A scholarship shall not be paid to a parent for payment 42093
of tuition owed to a nonpublic entity unless that entity is a 42094
registered private provider. The department shall approve entities 42095
that meet the standards established by rule of the state board for 42096
the program established under this section.42097

        (E) The state board shall adopt rules under Chapter 119. of 42098
the Revised Code prescribing procedures necessary to implement 42099
this section, including, but not limited to, procedures and 42100
deadlines for parents to apply for scholarships, standards for 42101
registered private providers, and procedures for approval of 42102
entities as registered private providers.42103

       Sec. 3311.05.  (A) The territory within the territorial 42104
limits of a county, or the territory included in a district formed 42105
under either section 3311.053 or 3311.059 of the Revised Code, 42106
exclusive of the territory embraced in any city school district or 42107
exempted village school district, and excluding the territory 42108
detached therefrom for school purposes and including the territory 42109
attached thereto for school purposes constitutes an educational 42110
service center.42111

       (B) A county school financing district created under section 42112
3311.50 of the Revised Code is not the school district described 42113
in division (A) of this section or any other school district but 42114
is a taxing district.42115

       Sec. 3311.0510.  (A) If all of the local school districts 42116
that make up the territory of an educational service center have 42117
severed from the territory of that service center, upon the 42118
effective date of the severance of the last remaining local school 42119
district to make up the territory of the service center, the 42120
governing board of that service center shall be abolished and such 42121
service center shall be dissolved by order of the superintendent 42122
of public instruction. The superintendent's order shall provide 42123
for the equitable division and disposition of the assets, 42124
property, debts, and obligations of the service center among the 42125
local school districts, of which the territory of the service 42126
center is or previously was made up, and the city and exempted 42127
village school districts with which the service center had 42128
agreements under section 3313.843 of the Revised Code for the 42129
service center's last fiscal year of operation. The 42130
superintendent's order shall provide that the tax duplicate of 42131
each of those school districts shall be bound for and assume the 42132
district's equitable share of the outstanding indebtedness of the 42133
service center. The superintendent's order is final and is not 42134
appealable.42135

       Immediately upon the abolishment of the service center 42136
governing board pursuant to this section, the superintendent of 42137
public instruction shall appoint a qualified individual to 42138
administer the dissolution of the service center and to implement 42139
the terms of the superintendent's dissolution order.42140

        Prior to distributing assets to any school district under 42141
this section, but after paying in full other debts and obligations 42142
of the service center under this section, the superintendent of 42143
public instruction may assess against the remaining assets of the 42144
service center the amount of the costs incurred by the department 42145
of education in performing the superintendent's duties under this 42146
division, including the fees, if any, owed to the individual 42147
appointed to administer the superintendent's dissolution order. 42148
Any excess cost incurred by the department under this division 42149
shall be divided equitably among the local school districts, of 42150
which the territory of the service center is or previously was 42151
made up, and the city and exempted village school districts with 42152
which the service center had agreements under section 3313.843 of 42153
the Revised Code for the service center's last fiscal year of 42154
operation. Each district's share of that excess cost shall be 42155
bound against the tax duplicate of that district.42156

       (B) A final audit of the former service center shall be 42157
performed in accordance with procedures established by the auditor 42158
of state.42159

       (C) The public records of an educational service center that 42160
is dissolved under this section shall be transferred in accordance 42161
with this division. Public records maintained by the service 42162
center in connection with services provided by the service center 42163
to local school districts shall be transferred to each of the 42164
respective local school districts. Public records maintained by 42165
the service center in connection with services provided under an 42166
agreement with a city or exempted village school district pursuant 42167
to section 3313.843 of the Revised Code shall be transferred to 42168
each of the respective city or exempted village school districts. 42169
All other public records maintained by the service center at the 42170
time the service center ceases operations shall be transferred to 42171
the Ohio historical society for analysis and disposition by the 42172
society in its capacity as archives administrator for the state 42173
and its political subdivisions pursuant to division (C) of section 42174
149.30 and section 149.31 of the Revised Code.42175

       Sec. 3311.06.  (A) As used in this section:42176

       (1) "Annexation" and "annexed" mean annexation for municipal 42177
purposes under sections 709.02 to 709.37 of the Revised Code.42178

       (2) "Annexed territory" means territory that has been annexed 42179
for municipal purposes to a city served by an urban school 42180
district, but on September 24, 1986, has not been transferred to 42181
the urban school district.42182

       (3) "Urban school district" means a city school district with 42183
an average daily membership for the 1985-1986 school year in 42184
excess of twenty thousand that is the school district of a city 42185
that contains annexed territory.42186

       (4) "Annexation agreement" means an agreement entered into 42187
under division (F) of this section that has been approved by the 42188
state board of education or an agreement entered into prior to 42189
September 24, 1986, that meets the requirements of division (F) of 42190
this section and has been filed with the state board.42191

       (B) The territory included within the boundaries of a city, 42192
local, exempted village, or joint vocational school district shall 42193
be contiguous except where a natural island forms an integral part 42194
of the district, where the state board of education authorizes a 42195
noncontiguous school district, as provided in division (E)(1) of 42196
this section, or where a local school district is created pursuant 42197
to section 3311.26 of the Revised Code from one or more local 42198
school districts, one of which has entered into an agreement under 42199
section 3313.42 of the Revised Code.42200

       (C)(1) When all of the territory of a school district is 42201
annexed to a city or village, such territory thereby becomes a 42202
part of the city school district or the school district of which 42203
the village is a part, and the legal title to school property in 42204
such territory for school purposes shall be vested in the board of 42205
education of the city school district or the school district of 42206
which the village is a part.42207

       (2) When the territory so annexed to a city or village 42208
comprises part but not all of the territory of a school district, 42209
the said territory becomes part of the city school district or the 42210
school district of which the village is a part only upon approval 42211
by the state board of education, unless the district in which the 42212
territory is located is a party to an annexation agreement with 42213
the city school district.42214

       Any urban school district that has not entered into an 42215
annexation agreement with any other school district whose 42216
territory would be affected by any transfer under this division 42217
and that desires to negotiate the terms of transfer with any such 42218
district shall conduct any negotiations under division (F) of this 42219
section as part of entering into an annexation agreement with such 42220
a district.42221

       Any school district, except an urban school district, 42222
desiring state board approval of a transfer under this division 42223
shall make a good faith effort to negotiate the terms of transfer 42224
with any other school district whose territory would be affected 42225
by the transfer. Before the state board may approve any transfer 42226
of territory to a school district, except an urban school 42227
district, under this section, it must receive the following:42228

       (a) A resolution requesting approval of the transfer, passed 42229
by at least one of the school districts whose territory would be 42230
affected by the transfer;42231

       (b) Evidence determined to be sufficient by the state board 42232
to show that good faith negotiations have taken place or that the 42233
district requesting the transfer has made a good faith effort to 42234
hold such negotiations;42235

       (c) If any negotiations took place, a statement signed by all 42236
boards that participated in the negotiations, listing the terms 42237
agreed on and the points on which no agreement could be reached.42238

       (D) The state board of education shall adopt rules governing 42239
negotiations held by any school district except an urban school 42240
district pursuant to division (C)(2) of this section. The rules 42241
shall encourage the realization of the following goals:42242

       (1) A discussion by the negotiating districts of the present 42243
and future educational needs of the pupils in each district;42244

       (2) The educational, financial, and territorial stability of 42245
each district affected by the transfer;42246

       (3) The assurance of appropriate educational programs, 42247
services, and opportunities for all the pupils in each 42248
participating district, and adequate planning for the facilities 42249
needed to provide these programs, services, and opportunities.42250

       Districts involved in negotiations under such rules may agree 42251
to share revenues from the property included in the territory to 42252
be transferred, establish cooperative programs between the 42253
participating districts, and establish mechanisms for the 42254
settlement of any future boundary disputes.42255

       (E)(1) If territory annexed after September 24, 1986, is part 42256
of a school district that is a party to an annexation agreement 42257
with the urban school district serving the annexing city, the 42258
transfer of such territory shall be governed by the agreement. If 42259
the agreement does not specify how the territory is to be dealt 42260
with, the boards of education of the district in which the 42261
territory is located and the urban school district shall negotiate 42262
with regard to the transfer of the territory which shall be 42263
transferred to the urban school district unless, not later than 42264
ninety days after the effective date of municipal annexation, the 42265
boards of education of both districts, by resolution adopted by a 42266
majority of the members of each board, agree that the territory 42267
will not be transferred and so inform the state board of 42268
education.42269

       If territory is transferred under this division the transfer 42270
shall take effect on the first day of July occurring not sooner 42271
than ninety-one days after the effective date of the municipal 42272
annexation. Territory transferred under this division need not be 42273
contiguous to the district to which it is transferred.42274

       (2) Territory annexed prior to September 24, 1986, by a city 42275
served by an urban school district shall not be subject to 42276
transfer under this section if the district in which the territory 42277
is located is a party to an annexation agreement or becomes a 42278
party to such an agreement not later than ninety days after 42279
September 24, 1986. If the district does not become a party to an 42280
annexation agreement within the ninety-day period, transfer of 42281
territory shall be governed by division (C)(2) of this section. If 42282
the district subsequently becomes a party to an agreement, 42283
territory annexed prior to September 24, 1986, other than 42284
territory annexed under division (C)(2) of this section prior to 42285
the effective date of the agreement, shall not be subject to 42286
transfer under this section.42287

       (F) An urban school district may enter into a comprehensive 42288
agreement with one or more school districts under which transfers 42289
of territory annexed by the city served by the urban school 42290
district after September 24, 1986, shall be governed by the 42291
agreement. Such agreement must provide for the establishment of a 42292
cooperative education program under section 3313.842 of the 42293
Revised Code in which all the parties to the agreement are 42294
participants and must be approved by resolution of the majority of 42295
the members of each of the boards of education of the school 42296
districts that are parties to it. An agreement may provide for 42297
interdistrict payments based on local revenue growth resulting 42298
from development in any territory annexed by the city served by 42299
the urban school district.42300

       An agreement entered into under this division may be altered, 42301
modified, or terminated only by agreement, by resolution approved 42302
by the majority of the members of each board of education, of all 42303
school districts that are parties to the agreement, except that 42304
with regard to any provision that affects only the urban school 42305
district and one of the other districts that is a party, that 42306
district and the urban district may modify or alter the agreement 42307
by resolution approved by the majority of the members of the board 42308
of that district and the urban district. Alterations, 42309
modifications, terminations, and extensions of an agreement 42310
entered into under this division do not require approval of the 42311
state board of education, but shall be filed with the board after 42312
approval and execution by the parties.42313

       If an agreement provides for interdistrict payments, each 42314
party to the agreement, except any school district specifically 42315
exempted by the agreement, shall agree to make an annual payment 42316
to the urban school district with respect to any of its territory 42317
that is annexed territory in an amount not to exceed the amount 42318
certified for that year under former section 3317.029 of the 42319
Revised Code as that section existed prior to July 1, 1998; except 42320
that such limitation of annual payments to amounts certified under 42321
former section 3317.029 of the Revised Code does not apply to 42322
agreements or extensions of agreements entered into on or after 42323
June 1, 1992, unless such limitation is expressly agreed to by the 42324
parties. The agreement may provide that all or any part of the 42325
payment shall be waived if the urban school district receives its 42326
payment with respect to such annexed territory under former 42327
section 3317.029 of the Revised Code and that all or any part of 42328
such payment may be waived if the urban school district does not 42329
receive its payment with respect to such annexed territory under 42330
such section.42331

       With respect to territory that is transferred to the urban 42332
school district after September 24, 1986, the agreement may 42333
provide for annual payments by the urban school district to the 42334
school district whose territory is transferred to the urban school 42335
district subsequent to annexation by the city served by the urban 42336
school district.42337

       (G) In the event territory is transferred from one school 42338
district to another under this section, an equitable division of 42339
the funds and indebtedness between the districts involved shall be 42340
made under the supervision of the state board of education and 42341
that board's decision shall be final. Such division shall not 42342
include funds payable to or received by a school district under 42343
Chapter 3306. or 3317. of the Revised Code or payable to or 42344
received by a school district from the United States or any 42345
department or agency thereof. In the event such transferred 42346
territory includes real property owned by a school district, the 42347
state board of education, as part of such division of funds and 42348
indebtedness, shall determine the true value in money of such real 42349
property and all buildings or other improvements thereon. The 42350
board of education of the school district receiving such territory 42351
shall forthwith pay to the board of education of the school 42352
district losing such territory such true value in money of such 42353
real property, buildings, and improvements less such percentage of 42354
the true value in money of each school building located on such 42355
real property as is represented by the ratio of the total 42356
enrollment in day classes of the pupils residing in the territory 42357
transferred enrolled at such school building in the school year in 42358
which such annexation proceedings were commenced to the total 42359
enrollment in day classes of all pupils residing in the school 42360
district losing such territory enrolled at such school building in 42361
such school year. The school district receiving such payment shall 42362
place the proceeds thereof in its sinking fund or bond retirement 42363
fund.42364

       (H) The state board of education, before approving such 42365
transfer of territory, shall determine that such payment has been 42366
made and shall apportion to the acquiring school district such 42367
percentage of the indebtedness of the school district losing the 42368
territory as is represented by the ratio that the assessed 42369
valuation of the territory transferred bears to the total assessed 42370
valuation of the entire school district losing the territory as of 42371
the effective date of the transfer, provided that in ascertaining 42372
the indebtedness of the school district losing the territory the 42373
state board of education shall disregard such percentage of the 42374
par value of the outstanding and unpaid bonds and notes of said 42375
school district issued for construction or improvement of the 42376
school building or buildings for which payment was made by the 42377
acquiring district as is equal to the percentage by which the true 42378
value in money of such building or buildings was reduced in fixing 42379
the amount of said payment.42380

       (I) No transfer of school district territory or division of 42381
funds and indebtedness incident thereto, pursuant to the 42382
annexation of territory to a city or village shall be completed in 42383
any other manner than that prescribed by this section regardless 42384
of the date of the commencement of such annexation proceedings, 42385
and this section applies to all proceedings for such transfers and 42386
divisions of funds and indebtedness pending or commenced on or 42387
after October 2, 1959.42388

       Sec. 3311.19.  (A) The management and control of a joint 42389
vocational school district shall be vested in the joint vocational 42390
school district board of education. Where a joint vocational 42391
school district is composed only of two or more local school 42392
districts located in one county, or when all the participating 42393
districts are in one county and the boards of such participating 42394
districts so choose, the educational service center governing 42395
board of the county in which the joint vocational school district 42396
is located shall serve as the joint vocational school district 42397
board of education. Where a joint vocational school district is 42398
composed of local school districts of more than one county, or of 42399
any combination of city, local, or exempted village school 42400
districts or educational service centers, unless administration by 42401
the educational service center governing board has been chosen by 42402
all the participating districts in one county pursuant to this 42403
section, the board of education of the joint vocational school 42404
district shall be composed of one or more persons who are members 42405
of the boards of education from each of the city or exempted 42406
village school districts or members of the educational service 42407
centers' governing boards affected to be appointed by the boards 42408
of education or governing boards of such school districts and 42409
educational service centers. In such joint vocational school 42410
districts the number and terms of members of the joint vocational 42411
school district board of education and the allocation of a given 42412
number of members to each of the city and exempted village 42413
districts and educational service centers shall be determined in 42414
the plan for such district, provided that each such joint 42415
vocational school district board of education shall be composed of 42416
an odd number of members.42417

       (B) Notwithstanding division (A) of this section, a governing 42418
board of an educational service center that has members of its 42419
governing board serving on a joint vocational school district 42420
board of education may make a request to the joint vocational 42421
district board that the joint vocational school district plan be 42422
revised to provide for one or more members of boards of education 42423
of local school districts that are within the territory of the 42424
educational service district and within the joint vocational 42425
school district to serve in the place of or in addition to its 42426
educational service center governing board members. If agreement 42427
is obtained among a majority of the boards of education and 42428
governing boards that have a member serving on the joint 42429
vocational school district board of education and among a majority 42430
of the local school district boards of education included in the 42431
district and located within the territory of the educational 42432
service center whose board requests the substitution or addition, 42433
the state board of education may revise the joint vocational 42434
school district plan to conform with such agreement.42435

       (C) If the board of education of any school district or 42436
educational service center governing board included within a joint 42437
vocational district that has had its board or governing board 42438
membership revised under division (B) of this section requests the 42439
joint vocational school district board to submit to the state 42440
board of education a revised plan under which one or more joint 42441
vocational board members chosen in accordance with a plan revised 42442
under such division would again be chosen in the manner prescribed 42443
by division (A) of this section, the joint vocational board shall 42444
submit the revised plan to the state board of education, provided 42445
the plan is agreed to by a majority of the boards of education 42446
represented on the joint vocational board, a majority of the local 42447
school district boards included within the joint vocational 42448
district, and each educational service center governing board 42449
affected by such plan. The state board of education may revise the 42450
joint vocational school district plan to conform with the revised 42451
plan.42452

       (D) The vocational schools in such joint vocational school 42453
district shall be available to all youth of school age within the 42454
joint vocational school district subject to the rules adopted by 42455
the joint vocational school district board of education in regard 42456
to the standards requisite to admission. A joint vocational school 42457
district board of education shall have the same powers, duties, 42458
and authority for the management and operation of such joint 42459
vocational school district as is granted by law, except by this 42460
chapter and Chapters 124., 3306., 3317., 3323., and 3331. of the 42461
Revised Code, to a board of education of a city school district, 42462
and shall be subject to all the provisions of law that apply to a 42463
city school district, except such provisions in this chapter and 42464
Chapters 124., 3306., 3317., 3323., and 3331. of the Revised Code.42465

       (E) Where a governing board of an educational service center 42466
has been designated to serve as the joint vocational school 42467
district board of education, the educational service center 42468
superintendent shall be the executive officer for the joint 42469
vocational school district, and the governing board may provide 42470
for additional compensation to be paid to the educational service 42471
center superintendent by the joint vocational school district, but 42472
the educational service center superintendent shall have no 42473
continuing tenure other than that of educational service center 42474
superintendent. The superintendent of schools of a joint 42475
vocational school district shall exercise the duties and authority 42476
vested by law in a superintendent of schools pertaining to the 42477
operation of a school district and the employment and supervision 42478
of its personnel. The joint vocational school district board of 42479
education shall appoint a treasurer of the joint vocational school 42480
district who shall be the fiscal officer for such district and who 42481
shall have all the powers, duties, and authority vested by law in 42482
a treasurer of a board of education. Where a governing board of an 42483
educational service center has been designated to serve as the 42484
joint vocational school district board of education, such board 42485
may appoint the educational service center superintendent as the 42486
treasurer of the joint vocational school district.42487

       (F) Each member of a joint vocational school district board 42488
of education may be paid such compensation as the board provides 42489
by resolution, but it shall not exceed one hundred twenty-five 42490
dollars per member for each meeting attended plus mileage, at the 42491
rate per mile provided by resolution of the board, to and from 42492
meetings of the board.42493

       The board may provide by resolution for the deduction of 42494
amounts payable for benefits under section 3313.202 of the Revised 42495
Code.42496

       Each member of a joint vocational school district board may 42497
be paid such compensation as the board provides by resolution for 42498
attendance at an approved training program, provided that such 42499
compensation shall not exceed sixty dollars per day for attendance 42500
at a training program three hours or fewer in length and one 42501
hundred twenty-five dollars a day for attendance at a training 42502
program longer than three hours in length. However, no board 42503
member shall be compensated for the same training program under 42504
this section and section 3313.12 of the Revised Code.42505

       Sec. 3311.21.  (A) In addition to the resolutions authorized 42506
by sections 5705.194, 5705.199, 5705.21, 5705.212, and 5705.213 of 42507
the Revised Code, the board of education of a joint vocational or 42508
cooperative education school district by a vote of two-thirds of 42509
its full membership may at any time adopt a resolution declaring 42510
the necessity to levy a tax in excess of the ten-mill limitation 42511
for a period not to exceed ten years to provide funds for any one 42512
or more of the following purposes, which may be stated in the 42513
following manner in such resolution, the ballot, and the notice of 42514
election: purchasing a site or enlargement thereof and for the 42515
erection and equipment of buildings; for the purpose of enlarging, 42516
improving, or rebuilding thereof; for the purpose of providing for 42517
the current expenses of the joint vocational or cooperative school 42518
district; or for a continuing period for the purpose of providing 42519
for the current expenses of the joint vocational or cooperative 42520
education school district. The resolution shall specify the amount 42521
of the proposed rate and, if a renewal, whether the levy is to 42522
renew all, or a portion of, the existing levy, and shall specify 42523
the first year in which the levy will be imposed. If the levy 42524
provides for but is not limited to current expenses, the 42525
resolution shall apportion the annual rate of the levy between 42526
current expenses and the other purpose or purposes. Such 42527
apportionment may but need not be the same for each year of the 42528
levy, but the respective portions of the rate actually levied each 42529
year for current expenses and the other purpose or purposes shall 42530
be limited by such apportionment. The portion of any such rate 42531
actually levied for current expenses of a joint vocational or 42532
cooperative education school district shall be used in applying 42533
division (A)(1) of section 3306.01 and division (A) of section 42534
3317.01 of the Revised Code. The portion of any such rate not 42535
apportioned to the current expenses of a joint vocational or 42536
cooperative education school district shall be used in applying 42537
division (B) of this section. On the adoption of such resolution, 42538
the joint vocational or cooperative education school district 42539
board of education shall certify the resolution to the board of 42540
elections of the county containing the most populous portion of 42541
the district, which board shall receive resolutions for filing and 42542
send them to the boards of elections of each county in which 42543
territory of the district is located, furnish all ballots for the 42544
election as provided in section 3505.071 of the Revised Code, and 42545
prepare the election notice; and the board of elections of each 42546
county in which the territory of such district is located shall 42547
make the other necessary arrangements for the submission of the 42548
question to the electors of the joint vocational or cooperative 42549
education school district at the next primary or general election 42550
occurring not less than ninety days after the resolution was 42551
received from the joint vocational or cooperative education school 42552
district board of education, or at a special election to be held 42553
at a time designated by the district board of education consistent 42554
with the requirements of section 3501.01 of the Revised Code, 42555
which date shall not be earlier than ninety days after the 42556
adoption and certification of the resolution.42557

       The board of elections of the county or counties in which 42558
territory of the joint vocational or cooperative education school 42559
district is located shall cause to be published in one or more 42560
newspapersa newspaper of general circulation in that district an 42561
advertisement of the proposed tax levy question, together with a 42562
statement of the amount of the proposed levy once a week for two 42563
consecutive weeks or as provided in section 7.16 of the Revised 42564
Code, prior to the election at which the question is to appear on 42565
the ballot, and, if. If the board of elections operates and 42566
maintains a web site, the board also shall post a similarthe42567
advertisement on its web site for thirty days prior to that 42568
election.42569

       If a majority of the electors voting on the question of 42570
levying such tax vote in favor of the levy, the joint vocational 42571
or cooperative education school district board of education shall 42572
annually make the levy within the district at the rate specified 42573
in the resolution and ballot or at any lesser rate, and the county 42574
auditor of each affected county shall annually place the levy on 42575
the tax list and duplicate of each school district in the county 42576
having territory in the joint vocational or cooperative education 42577
school district. The taxes realized from the levy shall be 42578
collected at the same time and in the same manner as other taxes 42579
on the duplicate, and the taxes, when collected, shall be paid to 42580
the treasurer of the joint vocational or cooperative education 42581
school district and deposited to a special fund, which shall be 42582
established by the joint vocational or cooperative education 42583
school district board of education for all revenue derived from 42584
any tax levied pursuant to this section and for the proceeds of 42585
anticipation notes which shall be deposited in such fund. After 42586
the approval of the levy, the joint vocational or cooperative 42587
education school district board of education may anticipate a 42588
fraction of the proceeds of the levy and from time to time, during 42589
the life of the levy, but in any year prior to the time when the 42590
tax collection from the levy so anticipated can be made for that 42591
year, issue anticipation notes in an amount not exceeding fifty 42592
per cent of the estimated proceeds of the levy to be collected in 42593
each year up to a period of five years after the date of the 42594
issuance of the notes, less an amount equal to the proceeds of the 42595
levy obligated for each year by the issuance of anticipation 42596
notes, provided that the total amount maturing in any one year 42597
shall not exceed fifty per cent of the anticipated proceeds of the 42598
levy for that year. Each issue of notes shall be sold as provided 42599
in Chapter 133. of the Revised Code, and shall, except for such 42600
limitation that the total amount of such notes maturing in any one 42601
year shall not exceed fifty per cent of the anticipated proceeds 42602
of the levy for that year, mature serially in substantially equal 42603
installments, during each year over a period not to exceed five 42604
years after their issuance.42605

       (B) Prior to the application of section 319.301 of the 42606
Revised Code, the rate of a levy that is limited to, or to the 42607
extent that it is apportioned to, purposes other than current 42608
expenses shall be reduced in the same proportion in which the 42609
district's total valuation increases during the life of the levy 42610
because of additions to such valuation that have resulted from 42611
improvements added to the tax list and duplicate.42612

       (C) The form of ballot cast at an election under division (A) 42613
of this section shall be as prescribed by section 5705.25 of the 42614
Revised Code.42615

       Sec. 3311.213.  (A) With the approval of the board of 42616
education of a joint vocational school district whichthat is in 42617
existence, any school district in the county or counties 42618
comprising the joint vocational school district or any school 42619
district in a county adjacent to a county comprising part of a 42620
joint vocational school district may become a part of the joint 42621
vocational school district. On the adoption of a resolution of 42622
approval by the board of education of the joint vocational school 42623
district, it shall advertise a copy of such resolution in a 42624
newspaper of general circulation in the school district proposing 42625
to become a part of such joint vocational school district once 42626
each week for at least two weeks, or as provided in section 7.16 42627
of the Revised Code, immediately following the date of the 42628
adoption of such resolution. Such resolution shall not become 42629
effective until the later of the sixty-first day after its 42630
adoption or until the board of elections certifies the results of 42631
an election in favor of joining of the school district to the 42632
joint vocational school district if such an election is held under 42633
division (B) of this section. 42634

       (B) During the sixty-day period following the date of the 42635
adoption of a resolution to join a school district to a joint 42636
vocational school district under division (A) of this section, the 42637
electors of the school district that proposes joining the joint 42638
vocational school district may petition for a referendum vote on 42639
the resolution. The question whether to approve or disapprove the 42640
resolution shall be submitted to the electors of such school 42641
district if a number of qualified electors equal to twenty per 42642
cent of the number of electors in the school district who voted 42643
for the office of governor at the most recent general election for 42644
that office sign a petition asking that the question of whether 42645
the resolution shall be disapproved be submitted to the electors. 42646
The petition shall be filed with the board of elections of the 42647
county in which the school district is located. If the school 42648
district is located in more than one county, the petition shall be 42649
filed with the board of elections of the county in which the 42650
majority of the territory of the school district is located. The 42651
board shall certify the validity and sufficiency of the signatures 42652
on the petition. 42653

       The board of elections shall immediately notify the board of 42654
education of the joint vocational school district and the board of 42655
education of the school district that proposes joining the joint 42656
vocational school district that the petition has been filed. 42657

       The effect of the resolution shall be stayed until the board 42658
of elections certifies the validity and sufficiency of the 42659
signatures on the petition. If the board of elections determines 42660
that the petition does not contain a sufficient number of valid 42661
signatures and sixty days have passed since the adoption of the 42662
resolution, the resolution shall become effective. 42663

       If the board of elections certifies that the petition 42664
contains a sufficient number of valid signatures, the board shall 42665
submit the question to the qualified electors of the school 42666
district on the day of the next general or primary election held 42667
at least ninety days after but no later than six months after the 42668
board of elections certifies the validity and sufficiency of 42669
signatures on the petition. If there is no general or primary 42670
election held at least ninety days after but no later than six 42671
months after the board of elections certifies the validity and 42672
sufficiency of signatures on the petition, the board shall submit 42673
the question to the electors at a special election to be held on 42674
the next day specified for special elections in division (D) of 42675
section 3501.01 of the Revised Code that occurs at least ninety 42676
days after the board certifies the validity and sufficiency of 42677
signatures on the petition. The election shall be conducted and 42678
canvassed and the results shall be certified in the same manner as 42679
in regular elections for the election of members of a board of 42680
education.42681

       If a majority of the electors voting on the question 42682
disapprove the resolution, the resolution shall not become 42683
effective.42684

       (C) If the resolution becomes effective, the board of 42685
education of the joint vocational school district shall notify the 42686
county auditor of the county in which the school district becoming 42687
a part of the joint vocational school district is located, who 42688
shall thereupon have any outstanding levy for building purposes, 42689
bond retirement, or current expenses in force in the joint 42690
vocational school district spread over the territory of the school 42691
district becoming a part of the joint vocational school district. 42692
On the addition of a city or exempted village school district or 42693
an educational service center to the joint vocational school 42694
district, pursuant to this section, the board of education of such 42695
joint vocational school district shall submit to the state board 42696
of education a proposal to enlarge the membership of such board by 42697
the addition of one or more persons at least one of whom shall be 42698
a member of the board of education or governing board of such 42699
additional school district or educational service center, and the 42700
term of each such additional member. On the addition of a local 42701
school district to the joint vocational school district, pursuant 42702
to this section, the board of education of such joint vocational 42703
school district may submit to the state board of education a 42704
proposal to enlarge the membership of such board by the addition 42705
of one or more persons who are members of the educational service 42706
center governing board of such additional local school district. 42707
On approval by the state board of education additional members 42708
shall be added to such joint vocational school district board of 42709
education.42710

       Sec. 3311.214.  (A) With the approval of the state board of 42711
education, the boards of education of any two or more joint 42712
vocational school districts may, by the adoption of identical 42713
resolutions by a majority of the members of each such board, 42714
propose that one new joint vocational school district be created 42715
by adding together all of the territory of each of the districts 42716
and dissolving such districts. A copy of each resolution shall be 42717
filed with the state board of education for its approval or 42718
disapproval. The resolutions shall include a provision that the 42719
board of education of the new district shall be composed of the 42720
members from the same boards of education that composed the 42721
membership of the board of each of the districts to be dissolved, 42722
except that, if an even number of districts are to be dissolved, 42723
one additional member shall be added, who may be from any school 42724
district included in the territory of any of the districts to be 42725
dissolved as designated in the resolutions. The members of the new 42726
board shall have the same terms of office as they had under the 42727
respective plans of the districts adopting the resolutions, except 42728
that, if the new board has an additional member, hethe additional 42729
member shall have a term as specified in the resolutions.42730

       If the state board approves the resolutions, the board of 42731
education of each district to be dissolved shall advertise a copy 42732
of the resolution in a newspaper of general circulation in its 42733
district once each week for at least two weeks, or as provided in 42734
section 7.16 of the Revised Code, immediately following the date 42735
the resolutions are approved by the state board. The resolutions 42736
shall become effective on the first day of July next succeeding 42737
the sixtieth day following approval by the state board unless 42738
prior to the expiration of such sixty-day period, qualified 42739
electors residing in one of the districts to be dissolved equal in 42740
number to a majority of the qualified electors of that district 42741
voting at the last general election file with the state board a 42742
petition of remonstrance against creation of the proposed new 42743
district.42744

       (B) When a resolution becomes effective under division (A) of 42745
this section, each district in which a resolution was adopted and 42746
the board of each such district are dissolved. The territory of 42747
each dissolved district becomes a part of the new joint vocational 42748
school district. The net indebtedness of each dissolved district 42749
shall be assumed in full by the new district and the funds and 42750
property of each dissolved district shall become in full the funds 42751
and property of the new district. All existing contracts of each 42752
dissolved board shall be honored by the board of the new district 42753
until their expiration dates. The board of the new district shall 42754
notify the county auditor of each county in which each dissolved 42755
district was located that a resolution has become effective and a 42756
new district has been created and shall certify to each auditor 42757
any changes that might be required in the tax rate as a result of 42758
the creation of the new district.42759

       (C) As used in this section, "net indebtedness" means the 42760
difference between the par value of the outstanding and unpaid 42761
bonds and notes of the school district and the amount held in the 42762
sinking fund and other indebtedness retirement funds for their 42763
redemption.42764

       Sec. 3311.29.  (A) Except as provided under division (B) or 42765
(C) of this section, no school district shall be created and no 42766
school district shall exist which does not maintain within such 42767
district public schools consisting of grades kindergarten through 42768
twelve and any such existing school district not maintaining such 42769
schools shall be dissolved and its territory joined with another 42770
school district or districts by order of the state board of 42771
education if no agreement is made among the surrounding districts 42772
voluntarily, which order shall provide an equitable division of 42773
the funds, property, and indebtedness of the dissolved school 42774
district among the districts receiving its territory. The state 42775
board of education may authorize exceptions to school districts 42776
where topography, sparsity of population, and other factors make 42777
compliance impracticable.42778

       The superintendent of public instruction is without authority 42779
to distribute funds under Chapter 3306. or 3317. of the Revised 42780
Code to any school district that does not maintain schools with 42781
grades kindergarten through twelve and to which no exception has 42782
been granted by the state board of education.42783

       (B) Division (A) of this section does not apply to any joint 42784
vocational school district or any cooperative education school 42785
district established pursuant to divisions (A) to (C) of section 42786
3311.52 of the Revised Code.42787

       (C)(1)(a) Except as provided in division (C)(3) of this 42788
section, division (A) of this section does not apply to any 42789
cooperative education school district established pursuant to 42790
section 3311.521 of the Revised Code nor to the city, exempted 42791
village, or local school districts that have territory within such 42792
a cooperative education district.42793

       (b) The cooperative district and each city, exempted village, 42794
or local district with territory within the cooperative district 42795
shall maintain the grades that the resolution adopted or amended 42796
pursuant to section 3311.521 of the Revised Code specifies.42797

       (2) Any cooperative education school district described under 42798
division (C)(1) of this section that fails to maintain the grades 42799
it is specified to operate shall be dissolved by order of the 42800
state board of education unless prior to such an order the 42801
cooperative district is dissolved pursuant to section 3311.54 of 42802
the Revised Code. Any such order shall provide for the equitable 42803
adjustment, division, and disposition of the assets, property, 42804
debts, and obligations of the district among each city, local, and 42805
exempted village school district whose territory is in the 42806
cooperative district and shall provide that the tax duplicate of 42807
each city, local, and exempted village school district whose 42808
territory is in the cooperative district shall be bound for and 42809
assume its share of the outstanding indebtedness of the 42810
cooperative district.42811

       (3) If any city, exempted village, or local school district 42812
described under division (C)(1) of this section fails to maintain 42813
the grades it is specified to operate the cooperative district 42814
within which it has territory shall be dissolved in accordance 42815
with division (C)(2) of this section and upon that dissolution any 42816
city, exempted village, or local district failing to maintain 42817
grades kindergarten through twelve shall be subject to the 42818
provisions for dissolution in division (A) of this section.42819

       Sec. 3311.50.  (A) As used in this section, "county school 42820
financing district" means a taxing district consisting of the 42821
following territory:42822

       (1) The territory that constitutes the educational service 42823
center on the date that the governing board of that educational 42824
service center adopts a resolution under division (B) of this 42825
section declaring that the territory of the educational service 42826
center is a county school financing district, exclusive of any 42827
territory subsequently withdrawn from the district under division 42828
(D) of this section;42829

       (2) Any territory that has been added to the county school 42830
financing district under this section.42831

       A county school financing district may include the territory 42832
of a city, local, or exempted village school district whose 42833
territory also is included in the territory of one or more other 42834
county school financing districts.42835

       (B) The governing board of any educational service center 42836
may, by resolution, declare that the territory of the educational 42837
service center is a county school financing district. The 42838
resolution shall state the purpose for which the county school 42839
financing district is created which may be for any one or more of 42840
the following purposes:42841

       (1) To levy taxes for the provision of special education by 42842
the school districts that are a part of the district, including 42843
taxes for permanent improvements for special education;42844

       (2) To levy taxes for the provision of specified educational 42845
programs and services by the school districts that are a part of 42846
the district, as identified in the resolution creating the 42847
district, including the levying of taxes for permanent 42848
improvements for those programs and services;42849

       (3) To levy taxes for permanent improvements of school 42850
districts that are a part of the district.42851

       The governing board of the educational service center that 42852
creates a county school financing district shall serve as the 42853
taxing authority of the district and may use educational service 42854
center governing board employees to perform any of the functions 42855
necessary in the performance of its duties as a taxing authority. 42856
A county school financing district shall not employ any personnel.42857

       With the approval of a majority of the members of the board 42858
of education of each school district within the territory of the 42859
county school financing district, the taxing authority of the 42860
financing district may amend the resolution creating the district 42861
to broaden or narrow the purposes for which it was created.42862

       A governing board of an educational service center may create 42863
more than one county school financing district. If a governing 42864
board of an educational service center creates more than one such 42865
district, it shall clearly distinguish among the districts it 42866
creates by including a designation of each district's purpose in 42867
the district's name.42868

       (C) A majority of the members of a board of education of a 42869
city, local, or exempted village school district may adopt a 42870
resolution requesting that its territory be joined with the 42871
territory of any county school financing district. Copies of the 42872
resolution shall be filed with the state board of education and 42873
the taxing authority of the county school financing district. 42874
Within sixty days of its receipt of such a resolution, the county 42875
school financing district's taxing authority shall vote on the 42876
question of whether to accept the school district's territory as 42877
part of the county school financing district. If a majority of the 42878
members of the taxing authority vote to accept the territory, the 42879
school district's territory shall thereupon become a part of the 42880
county school financing district unless the county school 42881
financing district has in effect a tax imposed under section 42882
5705.211 of the Revised Code. If the county school financing 42883
district has such a tax in effect, the taxing authority shall 42884
certify a copy of its resolution accepting the school district's 42885
territory to the school district's board of education, which may 42886
then adopt a resolution, with the affirmative vote of a majority 42887
of its members, proposing the submission to the electors of the 42888
question of whether the district's territory shall become a part 42889
of the county school financing district and subject to the taxes 42890
imposed by the financing district. The resolution shall set forth 42891
the date on which the question shall be submitted to the electors, 42892
which shall be at a special election held on a date specified in 42893
the resolution, which shall not be earlier than ninety days after 42894
the adoption and certification of the resolution. A copy of the 42895
resolution shall immediately be certified to the board of 42896
elections of the proper county, which shall make arrangements for 42897
the submission of the proposal to the electors of the school 42898
district. The board of the joining district shall publish notice 42899
of the election in one or more newspapersa newspaper of general 42900
circulation in the county once a week for two consecutive weeks, 42901
or as provided in section 7.16 of the Revised Code, prior to the 42902
election. Additionally, if the board of elections operates and 42903
maintains a web site, the board of elections shall post notice of 42904
the election on its web site for thirty days prior to the 42905
election. The question appearing on the ballot shall read:42906

       "Shall the territory within .......... (name of the school 42907
district proposing to join the county school financing district) 42908
.......... be added to .......... (name) .......... county school 42909
financing district, and a property tax for the purposes of 42910
......... (here insert purposes) .......... at a rate of taxation 42911
not exceeding .......... (here insert the outstanding tax rate) 42912
........... be in effect for .......... (here insert the number of 42913
years the tax is to be in effect or "a continuing period of time," 42914
as applicable) ..........?"42915

       If the proposal is approved by a majority of the electors 42916
voting on it, the joinder shall take effect on the first day of 42917
July following the date of the election, and the county board of 42918
elections shall notify the county auditor of each county in which 42919
the school district joining its territory to the county school 42920
financing district is located.42921

       (D) The board of any city, local, or exempted village school 42922
district whose territory is part of a county school financing 42923
district may withdraw its territory from the county school 42924
financing district thirty days after submitting to the governing 42925
board that is the taxing authority of the district and the state 42926
board a resolution proclaiming such withdrawal, adopted by a 42927
majority vote of its members, but any county school financing 42928
district tax levied in such territory on the effective date of the 42929
withdrawal shall remain in effect in such territory until such tax 42930
expires or is renewed. No board may adopt a resolution withdrawing 42931
from a county school financing district that would take effect 42932
during the forty-five days preceding the date of an election at 42933
which a levy proposed under section 5705.215 of the Revised Code 42934
is to be voted upon.42935

       (E) A city, local, or exempted village school district does 42936
not lose its separate identity or legal existence by reason of 42937
joining its territory to a county school financing district under 42938
this section and an educational service center does not lose its 42939
separate identity or legal existence by reason of creating a 42940
county school financing district that accepts or loses territory 42941
under this section.42942

       Sec. 3311.52.  A cooperative education school district may be 42943
established pursuant to divisions (A) to (C) of this section or 42944
pursuant to section 3311.521 of the Revised Code.42945

       (A) A cooperative education school district may be 42946
established upon the adoption of identical resolutions within a 42947
sixty-day period by a majority of the members of the board of 42948
education of each city, local, and exempted village school 42949
district that is within the territory of a county school financing 42950
district.42951

       A copy of each resolution shall be filed with the governing 42952
board of the educational service center which created the county 42953
school financing district. Upon the filing of the last such 42954
resolution, the educational service center governing board shall 42955
immediately notify each board of education filing such a 42956
resolution of the date on which the last resolution was filed.42957

       Ten days after the date on which the last resolution is filed 42958
with the educational service center governing board or ten days 42959
after the last of any notices required under division (C) of this 42960
section is received by the educational service center governing 42961
board, whichever is later, the county school financing district 42962
shall be dissolved and the new cooperative education school 42963
district and the board of education of the cooperative education 42964
school district shall be established.42965

       On the date that any county school financing district is 42966
dissolved and a cooperative education school district is 42967
established under this section, each of the following shall apply:42968

       (1) The territory of the dissolved district becomes the 42969
territory of the new district.42970

       (2) Any outstanding tax levy in force in the dissolved 42971
district shall be spread over the territory of the new district 42972
and shall remain in force in the new district until the levy 42973
expires or is renewed.42974

       (3) Any funds of the dissolved district shall be paid over in 42975
full to the new district.42976

       (4) Any net indebtedness of the dissolved district shall be 42977
assumed in full by the new district. As used in division (A)(4) of 42978
this section, "net indebtedness" means the difference between the 42979
par value of the outstanding and unpaid bonds and notes of the 42980
dissolved district and the amount held in the sinking fund and 42981
other indebtedness retirement funds for their redemption.42982

       When a county school financing district is dissolved and a 42983
cooperative education school district is established under this 42984
section, the governing board of the educational service center 42985
that created the dissolved district shall give written notice of 42986
this fact to the county auditor and the board of elections of each 42987
county having any territory in the new district.42988

       (B) The resolutions adopted under division (A) of this 42989
section shall include all of the following provisions:42990

       (1) Provision that the governing board of the educational 42991
service center which created the county school financing district 42992
shall be the board of education of the cooperative education 42993
school district, except that provision may be made for the 42994
composition, selection, and terms of office of an alternative 42995
board of education of the cooperative district, which board shall 42996
include at least one member selected from or by the members of the 42997
board of education of each city, local, and exempted village 42998
school district and at least one member selected from or by the 42999
members of the educational service center governing board within 43000
the territory of the cooperative district;43001

       (2) Provision that the treasurer and superintendent of the 43002
educational service center which created the county school 43003
financing district shall be the treasurer and superintendent of 43004
the cooperative education school district, except that provision 43005
may be made for the selection of a treasurer or superintendent of 43006
the cooperative district other than the treasurer or 43007
superintendent of the educational service center, which provision 43008
shall require one of the following:43009

       (a) The selection of one person as both the treasurer and 43010
superintendent of the cooperative district, which provision may 43011
require such person to be the treasurer or superintendent of any 43012
city, local, or exempted village school district or educational 43013
service center within the territory of the cooperative district;43014

       (b) The selection of one person as the treasurer and another 43015
person as the superintendent of the cooperative district, which 43016
provision may require either one or both such persons to be 43017
treasurers or superintendents of any city, local, or exempted 43018
village school districts or educational service center within the 43019
territory of the cooperative district.43020

       (3) A statement of the educational program the board of 43021
education of the cooperative education school district will 43022
conduct, including but not necessarily limited to the type of 43023
educational program, the grade levels proposed for inclusion in 43024
the program, the timetable for commencing operation of the 43025
program, and the facilities proposed to be used or constructed to 43026
be used by the program;43027

       (4) A statement of the annual amount, or the method for 43028
determining that amount, of funds or services or facilities that 43029
each city, local, and exempted village school district within the 43030
territory of the cooperative district is required to pay to or 43031
provide for the use of the board of education of the cooperative 43032
education school district;43033

       (5) Provision for adopting amendments to the provisions of 43034
divisions (B)(2) to (4) of this section.43035

       (C) If the resolutions adopted under division (A) of this 43036
section provide for a board of education of the cooperative 43037
education school district that is not the governing board of the 43038
educational service center that created the county school 43039
financing district, each board of education of each city, local, 43040
or exempted village school district and the governing board of the 43041
educational service center within the territory of the cooperative 43042
district shall, within thirty days after the date on which the 43043
last resolution is filed with the educational service center 43044
governing board under division (A) of this section, select one or 43045
more members of the board of education of the cooperative district 43046
as provided in the resolutions filed with the educational service 43047
center governing board. Each such board shall immediately notify 43048
the educational service center governing board of each such 43049
selection.43050

       (D) Except for the powers and duties in this chapter and 43051
Chapters 124., 3306., 3317., 3318., 3323., and 3331. of the 43052
Revised Code, a cooperative education school district established 43053
pursuant to divisions (A) to (C) of this section or pursuant to 43054
section 3311.521 of the Revised Code has all the powers of a city 43055
school district and its board of education has all the powers and 43056
duties of a board of education of a city school district with 43057
respect to the educational program specified in the resolutions 43058
adopted under division (A) of this section. All laws applicable to 43059
a city school district or the board of education or the members of 43060
the board of education of a city school district, except such laws 43061
in this chapter and Chapters 124., 3306., 3317., 3318., 3323., and 43062
3331. of the Revised Code, are applicable to a cooperative 43063
education school district and its board.43064

       The treasurer and superintendent of a cooperative education 43065
school district shall have the same respective duties and powers 43066
as a treasurer and superintendent of a city school district, 43067
except for any powers and duties in this chapter and Chapters 43068
124., 3306., 3317., 3318., 3323., and 3331. of the Revised Code.43069

       (E) For purposes of this title, any student included in the 43070
formula ADM certified for any city, exempted village, or local 43071
school district under section 3317.03 of the Revised Code by 43072
virtue of being counted, in whole or in part, in the average daily 43073
membership of a cooperative education school district under 43074
division (A)(2)(f) of that section shall be construed to be 43075
enrolled both in that city, exempted village, or local school 43076
district and in that cooperative education school district. This 43077
division shall not be construed to mean that any such individual 43078
student may be counted more than once for purposes of determining 43079
the average daily membership of any one school district.43080

       Sec. 3311.53.  (A)(1) The board of education of any city, 43081
local, or exempted village school district that wishes to become 43082
part of a cooperative education school district established 43083
pursuant to divisions (A) to (C) of section 3311.52 of the Revised 43084
Code may adopt a resolution proposing to become a part of the 43085
cooperative education school district.43086

       (2) The board of education of any city, local, or exempted 43087
village school district that is contiguous to a cooperative 43088
education school district established pursuant to section 3311.521 43089
of the Revised Code and that wishes to become part of that 43090
cooperative district may adopt a resolution proposing to become 43091
part of that cooperative district.43092

       (B) If, after the adoption of a resolution in accordance with 43093
division (A) of this section, the board of education of the 43094
cooperative education school district named in that resolution 43095
also adopts a resolution accepting the new district, the board of 43096
the district wishing to become part of the cooperative district 43097
shall advertise a copy of the cooperative district board's 43098
resolution in a newspaper of general circulation in the school 43099
district proposing to become a part of the cooperative education 43100
school district once each week for at least two weeks, or as 43101
provided in section 7.16 of the Revised Code, immediately 43102
following the date of the adoption of the resolution. The 43103
resolution shall become legally effective on the sixtieth day 43104
after its adoption, unless prior to the expiration of that 43105
sixty-day period qualified electors residing in the school 43106
district proposed to become a part of the cooperative education 43107
school district equal in number to a majority of the qualified 43108
electors voting at the last general election file with the board 43109
of education a petition of remonstrance against the transfer. If 43110
the resolution becomes legally effective, both of the following 43111
shall apply:43112

       (1) The resolution that established the cooperative education 43113
school district pursuant to divisions (A) to (C) of section 43114
3311.52 or section 3311.521 of the Revised Code shall be amended 43115
to reflect the addition of the new district to the cooperative 43116
district.43117

       (2) The board of education of the cooperative education 43118
school district shall give written notice of this fact to the 43119
county auditor and the board of elections of each county in which 43120
the school district becoming a part of the cooperative education 43121
school district has territory. Any such county auditor shall 43122
thereupon have any outstanding levy for building purposes, bond 43123
retirement, or current expenses in force in the cooperative 43124
education school district spread over the territory of the school 43125
district becoming a part of the cooperative education school 43126
district.43127

       (C) If the board of education of the cooperative education 43128
school district is not the governing board of an educational 43129
service center, the board of education of the cooperative 43130
education school district shall, on the addition of a city, local, 43131
or exempted village school district to the district pursuant to 43132
this section, submit to the state board of education a proposal to 43133
enlarge the membership of the board. In the case of a cooperative 43134
district established pursuant to divisions (A) to (C) of section 43135
3311.52 of the Revised Code, the proposal shall add one or more 43136
persons to the district's board, at least one of whom shall be a 43137
member of or selected by the board of education of the additional 43138
school district, and shall specify the term of each such 43139
additional member. In the case of a cooperative district 43140
established pursuant to section 3311.521 of the Revised Code, the 43141
proposal shall add two or more persons to the district's board, at 43142
least two of whom shall be a member of or selected by the board of 43143
education of the additional school district, and shall specify the 43144
term of each such additional member. On approval by the state 43145
board of education, the additional members shall be added to the 43146
cooperative education school district board of education.43147

       Sec. 3311.73.  (A) No later than ninety days before the 43148
general election held in the first even-numbered year occurring at 43149
least four years after the date it assumed control of the 43150
municipal school district pursuant to division (B) of section 43151
3311.71 of the Revised Code, the board of education appointed 43152
under that division shall notify the board of elections of each 43153
county containing territory of the municipal school district of 43154
the referendum election required by division (B) of this section.43155

       (B) At the general election held in the first even-numbered 43156
year occurring at least four years after the date the new board 43157
assumed control of a municipal school district pursuant to 43158
division (B) of section 3311.71 of the Revised Code, the following 43159
question shall be submitted to the electors residing in the school 43160
district:43161

       "Shall the mayor of ..... (here insert the name of the 43162
applicable municipal corporation) continue to appoint the members 43163
of the board of education of the ..... (here insert the name of 43164
the municipal school district)?"43165

       The board of elections of the county in which the majority of 43166
the school district's territory is located shall make all 43167
necessary arrangements for the submission of the question to the 43168
electors, and the election shall be conducted, canvassed, and 43169
certified in the same manner as regular elections in the district 43170
for the election of county officers, provided that in any such 43171
election in which only part of the electors of a precinct are 43172
qualified to vote, the board of elections may assign voters in 43173
such part to an adjoining precinct. Such an assignment may be made 43174
to an adjoining precinct in another county with the consent and 43175
approval of the board of elections of such other county. Notice of 43176
the election shall be published in a newspaper of general 43177
circulation in the school district once a week for two consecutive 43178
weeks, or as provided in section 7.16 of the Revised Code, prior 43179
to the election, and, if. If the board of elections operates and 43180
maintains a web site, the board of elections shall post notice of 43181
the election on its web site for thirty days prior to the 43182
election. The notice shall state the question on which the 43183
election is being held. The ballot shall be in the form prescribed 43184
by the secretary of state. Costs of submitting the question to the 43185
electors shall be charged to the municipal school district in 43186
accordance with section 3501.17 of the Revised Code.43187

       (C) If a majority of electors voting on the issue proposed in 43188
division (B) of this section approve the question, the mayor shall 43189
appoint a new board on the immediately following first day of July 43190
pursuant to division (F) of section 3311.71 of the Revised Code.43191

       (D) If a majority of electors voting on the issue proposed in 43192
division (B) of this section disapprove the question, a new 43193
seven-member board of education shall be elected at the next 43194
regular election occurring in November of an odd-numbered year. At 43195
such election, four members shall be elected for terms of four 43196
years and three members shall be elected for terms of two years. 43197
Thereafter, their successors shall be elected in the same manner 43198
and for the same terms as members of boards of education of a city 43199
school district. All members of the board of education of a 43200
municipal school district appointed pursuant to division (B) of 43201
section 3311.71 of the Revised Code shall continue to serve after 43202
the end of the terms to which they were appointed until their 43203
successors are qualified and assume office in accordance with 43204
section 3313.09 of the Revised Code.43205

       Sec. 3311.76.  (A) Notwithstanding Chapters 3302., 3306., and 43206
3317. of the Revised Code, upon written request of the district 43207
chief executive officer the state superintendent of public 43208
instruction may exempt a municipal school district from any rules 43209
adopted under Title XXXIII of the Revised Code except for any rule 43210
adopted under Chapter 3307. or 3309., sections 3319.07 to 3319.21, 43211
or Chapter 3323. of the Revised Code, and may authorize a 43212
municipal school district to apply funds allocated to the district 43213
under Chapters 3306. andChapter 3317. of the Revised Code, except 43214
those specifically allocated to purposes other than current 43215
expenses, to the payment of debt charges on the district's public 43216
obligations. The request must specify the provisions from which 43217
the district is seeking exemption or the application requested and 43218
the reasons for the request. The state superintendent shall 43219
approve the request if the superintendent finds the requested 43220
exemption or application is in the best interest of the district's 43221
students. The superintendent shall approve or disapprove the 43222
request within thirty days and shall notify the district board and 43223
the district chief executive officer of approval or reasons for 43224
disapproving the request.43225

       (B) In addition to the rights, authority, and duties 43226
conferred upon a municipal school district and its board of 43227
education in sections 3311.71 to 3311.76 of the Revised Code, a 43228
municipal school district and its board shall have all of the 43229
rights, authority, and duties conferred upon a city school 43230
district and its board by law that are not inconsistent with 43231
sections 3311.71 to 3311.76 of the Revised Code.43232

       Sec. 3313.12.  Each member of the educational service center 43233
governing board may be paid such compensation as the governing 43234
board provides by resolution, provided that any such compensation 43235
shall not exceed one hundred twenty-five dollars a day plus 43236
mileage both ways, at the rate per mile provided by resolution of 43237
the governing board, for attendance at any meeting of the board. 43238
Such compensation and the expenses of the educational service 43239
center superintendent, itemized and verified, shall be paid from 43240
the educational service center governing board fund upon vouchers 43241
signed by the president of the governing board.43242

       The board of education of any city, local, or exempted 43243
village school district may provide by resolution for compensation 43244
of its members, provided that such compensation shall not exceed 43245
one hundred twenty-five dollars per member for meetings attended.43246
The board may provide by resolution for the deduction of amounts 43247
payable for benefits under section 3313.202 of the Revised Code.43248

       Each member of a district board or educational service center 43249
governing board may be paid such compensation as the respective 43250
board provides by resolution for attendance at an approved 43251
training program, provided that such compensation shall not exceed 43252
sixty dollars a day for attendance at a training program three 43253
hours or fewer in length and one hundred twenty-five dollars a day 43254
for attendance at a training program longer than three hours in 43255
length.43256

       Sec. 3313.29.  The treasurer of each board of education shall 43257
keep an account of all school funds of the district. The treasurer 43258
shall receive all vouchers for payments and disbursements made to 43259
and by the board and preserve such vouchers for a period of ten 43260
years unless copied or reproduced according to the procedure 43261
prescribed in section 9.01 of the Revised Code. Thereafter, such 43262
vouchers may be destroyed by the treasurer upon applying to and 43263
obtaining an order from the school district records commission in 43264
the manner prescribed by section 149.41 of the Revised Code, 43265
except that it shall not be necessary to copy or reproduce such 43266
vouchers before their destruction. The treasurer shall render a 43267
statement to the board and to the superintendent of the school 43268
district, monthly, or more often if required, showing the revenues 43269
and receipts from whatever sources derived, the various 43270
appropriations made by the board, the expenditures and 43271
disbursements therefrom, the purposes thereof, the balances 43272
remaining in each appropriation, and the assets and liabilities of 43273
the school district. At the end of the fiscal year such statement 43274
shall be a complete exhibit of the financial affairs of the school 43275
district which may be published and distributed with the approval 43276
of the board. All monthly and yearly statements as required in 43277
this section shall be available for examination by the public.43278

       On request of the principal or other chief administrator of 43279
any nonpublic school located within the school district's 43280
territory, the treasurer shall provide such principal or 43281
administrator with an account of the moneys received by the 43282
district under division (I)(E) of section 3317.024 of the Revised 43283
Code as reported to the district's board in the treasurer's most 43284
recent monthly statement.43285

       Sec. 3313.33.  (A) Conveyances made by a board of education 43286
shall be executed by the president and treasurer thereof.43287

       (B) Except as provided in division (C) of this section, no 43288
member of the board shall have, directly or indirectly, any 43289
pecuniary interest in any contract of the board or be employed in 43290
any manner for compensation by the board of which the person is a 43291
member. No contract shall be binding upon any board unless it is 43292
made or authorized at a regular or special meeting of such board.43293

       (C) A member of the board may have a pecuniary interest in a 43294
contract of the board if all of the following apply:43295

       (1) The member's pecuniary interest in that contract is that 43296
the member is employed by a political subdivision, 43297
instrumentality, or agency of the state that is contracting with 43298
the board;43299

       (2) The member does not participate in any discussion or 43300
debate regarding the contract or vote on the contract;43301

       (3) The member files with the school district treasurer an 43302
affidavit stating the member's exact employment status with the 43303
political subdivision, instrumentality, or agency contracting with 43304
the board.43305

       (D) This section does not apply where a member of the board, 43306
being a shareholder of a corporation but not being an officer or 43307
director thereof, owns not in excess of five per cent of the stock 43308
of such corporation. If a stockholder desires to avail self of the 43309
exception, before entering upon such contract such person shall 43310
first file with the treasurer an affidavit stating the 43311
stockholder's exact status and connection with said corporation.43312

       This section does not apply where a member of the board 43313
elects to be covered by a health care plan under section 3313.202 43314
of the Revised Code.43315

       Sec. 3313.372.  (A) As used in this section, "energy 43316
conservation measure" means an installation or modification of an 43317
installation in, or remodeling of, a building, to reduce energy 43318
consumption. It includes:43319

       (1) Insulation of the building structure and systems within 43320
the building;43321

       (2) Storm windows and doors, multiglazed windows and doors, 43322
heat absorbing or heat reflective glazed and coated window and 43323
door systems, additional glazing, reductions in glass area, and 43324
other window and door system modifications that reduce energy 43325
consumption;43326

       (3) Automatic energy control systems;43327

       (4) Heating, ventilating, or air conditioning system 43328
modifications or replacements;43329

       (5) Caulking and weatherstripping;43330

       (6) Replacement or modification of lighting fixtures to 43331
increase the energy efficiency of the system without increasing 43332
the overall illumination of a facility, unless such increase in 43333
illumination is necessary to conform to the applicable state or 43334
local building code for the proposed lighting system;43335

       (7) Energy recovery systems;43336

       (8) Cogeneration systems that produce steam or forms of 43337
energy such as heat, as well as electricity, for use primarily 43338
within a building or complex of buildings;43339

       (9) Any other modification, installation, or remodeling 43340
approved by the Ohio school facilities commission as an energy 43341
conservation measure.43342

       (B) A board of education of a city, exempted village, local, 43343
or joint vocational school district may enter into an installment 43344
payment contract for the purchase and installation of energy 43345
conservation measures. The provisions of such installment payment 43346
contracts dealing with interest charges and financing terms shall 43347
not be subject to the competitive bidding requirements of section 43348
3313.46 of the Revised Code, and shall be on the following terms:43349

       (1) Not less than one-fifteenth of the costs thereof shall be 43350
paid within two years from the date of purchase.43351

       (2) The remaining balance of the costs thereof shall be paid 43352
within fifteen years from the date of purchase.43353

       An installment payment contract entered into by a board of 43354
education under this section shall require the board to contract 43355
in accordance with division (A) of section 3313.46 of the Revised 43356
Code for the installation, modification, or remodeling of energy 43357
conservation measures unless division (A) of section 3313.46 of 43358
the Revised Code does not apply pursuant to division (B)(3) of 43359
that section.43360

       (C) The board may issue the notes of the school district 43361
signed by the president and the treasurer of the board and 43362
specifying the terms of the purchase and securing the deferred 43363
payments provided in this section, payable at the times provided 43364
and bearing interest at a rate not exceeding the rate determined 43365
as provided in section 9.95 of the Revised Code. The notes may 43366
contain an option for prepayment and shall not be subject to 43367
Chapter 133. of the Revised Code. In the resolution authorizing 43368
the notes, the board may provide, without the vote of the electors 43369
of the district, for annually levying and collecting taxes in 43370
amounts sufficient to pay the interest on and retire the notes, 43371
except that the total net indebtedness of the district without a 43372
vote of the electors incurred under this and all other sections of 43373
the Revised Code, except section 3318.052 of the Revised Code, 43374
shall not exceed one per cent of the district's tax valuation. 43375
Revenues derived from local taxes or otherwise, for the purpose of 43376
conserving energy or for defraying the current operating expenses 43377
of the district, may be applied to the payment of interest and the 43378
retirement of such notes. The notes may be sold at private sale or 43379
given to the contractor under the installment payment contract 43380
authorized by division (B) of this section.43381

       (D) Debt incurred under this section shall not be included in 43382
the calculation of the net indebtedness of a school district under 43383
section 133.06 of the Revised Code.43384

       (E) No school district board shall enter into an installment 43385
payment contract under division (B) of this section unless it 43386
first obtains a report of the costs of the energy conservation 43387
measures and the savings thereof as described under division (G) 43388
of section 133.06 of the Revised Code as a requirement for issuing 43389
energy securities, makes a finding that the amount spent on such 43390
measures is not likely to exceed the amount of money it would save 43391
in energy costs and resultant operational and maintenance costs as 43392
described in that division, except that that finding shall cover 43393
the ensuing fifteen years, and the Ohio school facilities 43394
commission determines that the district board's findings are 43395
reasonable and approves the contract as described in that 43396
division.43397

       The district board shall monitor the savings and maintain a 43398
report of those savings, which shall be availablesubmitted to the 43399
commission in the same manner as required by division (G) of 43400
section 133.06 of the Revised Code in the case of energy 43401
securities.43402

       Sec. 3313.41.  (A) Except as provided in divisions (C), (D), 43403
(F), and (G) of this section, when a board of education decides to 43404
dispose of real or personal property that it owns in its corporate 43405
capacity and that exceeds in value ten thousand dollars, it shall 43406
sell the property at public auction, after giving at least thirty 43407
days' notice of the auction by publication in a newspaper of 43408
general circulation in the school district, by publication as 43409
provided in section 7.16 of the Revised Code, or by posting 43410
notices in five of the most public places in the school district 43411
in which the property, if it is real property, is situated, or, if 43412
it is personal property, in the school district of the board of 43413
education that owns the property. The board may offer real 43414
property for sale as an entire tract or in parcels.43415

       (B) When the board of education has offered real or personal 43416
property for sale at public auction at least once pursuant to 43417
division (A) of this section, and the property has not been sold, 43418
the board may sell it at a private sale. Regardless of how it was 43419
offered at public auction, at a private sale, the board shall, as 43420
it considers best, sell real property as an entire tract or in 43421
parcels, and personal property in a single lot or in several lots.43422

       (C) If a board of education decides to dispose of real or 43423
personal property that it owns in its corporate capacity and that 43424
exceeds in value ten thousand dollars, it may sell the property to 43425
the adjutant general; to any subdivision or taxing authority as 43426
respectively defined in divisions (A) and (C) of section 5705.01 43427
of the Revised Code, township park district, board of park 43428
commissioners established under Chapter 755. of the Revised Code, 43429
or park district established under Chapter 1545. of the Revised 43430
Code; to a wholly or partially tax-supported university, 43431
university branch, or college; or to the board of trustees of a 43432
school district library, upon such terms as are agreed upon. The 43433
sale of real or personal property to the board of trustees of a 43434
school district library is limited, in the case of real property, 43435
to a school district library within whose boundaries the real 43436
property is situated, or, in the case of personal property, to a 43437
school district library whose boundaries lie in whole or in part 43438
within the school district of the selling board of education.43439

       (D) When a board of education decides to trade as a part or 43440
an entire consideration, an item of personal property on the 43441
purchase price of an item of similar personal property, it may 43442
trade the same upon such terms as are agreed upon by the parties 43443
to the trade.43444

       (E) The president and the treasurer of the board of education 43445
shall execute and deliver deeds or other necessary instruments of 43446
conveyance to complete any sale or trade under this section.43447

       (F) When a board of education has identified a parcel of real 43448
property that it determines is needed for school purposes, the 43449
board may, upon a majority vote of the members of the board, 43450
acquire that property by exchanging real property that the board 43451
owns in its corporate capacity for the identified real property or 43452
by using real property that the board owns in its corporate 43453
capacity as part or an entire consideration for the purchase price 43454
of the identified real property. Any exchange or acquisition made 43455
pursuant to this division shall be made by a conveyance executed 43456
by the president and the treasurer of the board.43457

       (G)(1) When a school district board of education decides to 43458
dispose of real property suitable for use as classroom space, 43459
prior to disposing of that property under divisions (A) to (F) of 43460
this section, it shall first offer that property for sale toby 43461
public auction as described in division (A) of this section. Only43462
the governing authorities of the start-up community schools 43463
established under Chapter 3314. of the Revised Code located within 43464
the territory of the school district, at a price that is not 43465
higher than the appraised fair market value of that property. If 43466
more than one community school governing authority accepts the 43467
offer made by the school district board, the board shall sell the 43468
property to the governing authority that accepted the offer first 43469
in time, operators of community schools, and any persons or 43470
entities that have entered into a lease agreement with a governing 43471
authority or operator of a community school shall be eligible to 43472
bid at the auction. If no community school governing authority 43473
accepts the offer within sixty days after the offer is made by the 43474
school district board, operator, or lessor or leasing entity 43475
offers a bid to purchase the property, the board may dispose of 43476
the property in the applicable manner prescribed under divisions 43477
(A) to (F) of this section.43478

       (2) When a school district board of education has not used 43479
real property suitable for classroom space for academic 43480
instruction, administration, storage, or any other educational 43481
purpose for one full school year and has not adopted a resolution 43482
outlining a plan for using that property for any of those purposes 43483
within the next three school years, it immediately shall offer 43484
that property for sale toby public auction as described in 43485
division (A) of this section. Only the governing authorities of 43486
the start-up community schools established under Chapter 3314. of 43487
the Revised Code located within the territory of the school 43488
district, at a price that is not higher than the appraised fair 43489
market value of that property. If more than one community school 43490
governing authority accepts the offer made by the school district 43491
board, the board shall sell the property to the governing 43492
authority that accepted the offer first in time, operators of 43493
community schools, and any persons or entities that have entered 43494
into a lease agreement with a governing authority or operator of a 43495
community school shall be eligible to bid at the auction. If no 43496
governing authority, operator, or lessor or leasing entity offers 43497
a bid to purchase property, the board may dispose of property in 43498
the applicable manner under divisions (A) to (F) of this section.43499

       (H) When a school district board of education has property 43500
that the board, by resolution, finds is not needed for school 43501
district use, is obsolete, or is unfit for the use for which it 43502
was acquired, the board may donate that property in accordance 43503
with this division if the fair market value of the property is, in 43504
the opinion of the board, two thousand five hundred dollars or 43505
less.43506

        The board shall first offer the property to the governing 43507
authorities and operators of community schools established under 43508
Chapter 3314. of the Revised Code located within the territory of 43509
the school district. If no community school governing authority or 43510
operator accepts the donation, the property may be donated to an 43511
eligible nonprofit organization that is located in this state and 43512
is exempt from federal income taxation pursuant to 26 U.S.C. 43513
501(a) and (c)(3). Before donating any property under this 43514
division, the board shall adopt a resolution expressing its intent 43515
to make unneeded, obsolete, or unfit-for-use school district 43516
property available to these organizations. The resolution shall 43517
include guidelines and procedures the board considers to be 43518
necessary to implement the donation program and shall indicate 43519
whether the school district will conduct the donation program or 43520
the board will contract with a representative to conduct it. If a 43521
representative is known when the resolution is adopted, the 43522
resolution shall provide contact information such as the 43523
representative's name, address, and telephone number.43524

       The resolution shall include within its procedures a 43525
requirement that any nonprofit organization desiring to obtain 43526
donated property under this division shall submit a written notice 43527
to the board or its representative. The written notice shall 43528
include evidence that the organization is a nonprofit organization 43529
that is located in this state and is exempt from federal income 43530
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of 43531
the organization's primary purpose; a description of the type or 43532
types of property the organization needs; and the name, address, 43533
and telephone number of a person designated by the organization's 43534
governing board to receive donated property and to serve as its 43535
agent.43536

       After adoption of the resolution, the board shall publish, in 43537
a newspaper of general circulation in the school district or as 43538
provided in section 7.16 of the Revised Code, notice of its intent 43539
to donate unneeded, obsolete, or unfit-for-use school district 43540
property to eligible nonprofit organizations. The notice shall 43541
include a summary of the information provided in the resolution 43542
and shall be published at least twice. The second and any 43543
subsequent notice shall be published not less than ten nor more 43544
than twenty days after the previous notice. A similar notice also 43545
shall be posted continually in the board's office, and, if. If the 43546
school district maintains a web site on the internet, the notice 43547
shall be posted continually at that web site.43548

       The board or its representatives shall maintain a list of all 43549
nonprofit organizations that notify the board or its 43550
representative of their desire to obtain donated property under 43551
this division and that the board or its representative determines 43552
to be eligible, in accordance with the requirements set forth in 43553
this section and in the donation program's guidelines and 43554
procedures, to receive donated property.43555

       The board or its representative also shall maintain a list of 43556
all school district property the board finds to be unneeded, 43557
obsolete, or unfit for use and to be available for donation under 43558
this division. The list shall be posted continually in a 43559
conspicuous location in the board's office, and, if the school 43560
district maintains a web site on the internet, the list shall be 43561
posted continually at that web site. An item of property on the 43562
list shall be donated to the eligible nonprofit organization that 43563
first declares to the board or its representative its desire to 43564
obtain the item unless the board previously has established, by 43565
resolution, a list of eligible nonprofit organizations that shall 43566
be given priority with respect to the item's donation. Priority 43567
may be given on the basis that the purposes of a nonprofit 43568
organization have a direct relationship to specific school 43569
district purposes of programs provided or administered by the 43570
board. A resolution giving priority to certain nonprofit 43571
organizations with respect to the donation of an item of property 43572
shall specify the reasons why the organizations are given that 43573
priority.43574

       Members of the board shall consult with the Ohio ethics 43575
commission, and comply with Chapters 102. and 2921. of the Revised 43576
Code, with respect to any donation under this division to a 43577
nonprofit organization of which a board member, any member of a 43578
board member's family, or any business associate of a board member 43579
is a trustee, officer, board member, or employee.43580

       Any community school, or its governing authority or operator, 43581
or person or entity that has entered into a lease agreement with a 43582
governing authority or operator of a community school may bring 43583
civil action in the court of common pleas for the county in which 43584
the subject real property is located to enforce the provisions of 43585
division (G) or (H) of this section.43586

       Sec. 3313.411.  (A) On or after the effective date of this 43587
section, when a school district board of education decides to 43588
lease to another entity, on a basis of not less than one school 43589
year at a time, real property that it owns in its corporate 43590
capacity and that is suitable for use as classroom space or for 43591
other educational purposes, the board shall first offer to lease 43592
that property to the governing authorities of the community 43593
schools, established under Chapter 3314. of the Revised Code, 43594
located within the territory of the school district. The lease 43595
price offered by the district board shall not be higher than the 43596
fair market value for such a leasehold. If more than one community 43597
school governing authority accepts the offer to lease that 43598
property, the district board shall lease the property to the 43599
governing authority that accepted the offer first in time, except 43600
that any conversion community school sponsored by the school 43601
district shall have highest priority for the leasehold. If no 43602
community school governing authority accepts the offer to lease 43603
the property within sixty days after the offer is made, the 43604
district board may offer the property for lease to any other 43605
entity.43606

       (B) Notwithstanding division (A) of this section, a school 43607
district board may renew any agreement it originally entered into 43608
prior to the effective date of this section to lease real property 43609
to an entity other than a community school. Nothing in this 43610
section shall affect the leasehold arrangements between the 43611
district board and that other entity.43612

       Sec. 3313.46.  (A) In addition to any other law governing the 43613
bidding for contracts by the board of education of any school 43614
district, when any such board determines to build, repair, 43615
enlarge, improve, or demolish any school building, the cost of 43616
which will exceed twenty-five thousand dollars, except in cases of 43617
urgent necessity, or for the security and protection of school 43618
property, and except as otherwise provided in division (D) of 43619
section 713.23 and in section 125.04 of the Revised Code, all of 43620
the following shall apply:43621

       (1) The board shall cause to be prepared the plans, 43622
specifications, and related information as required in divisions 43623
(A), (B)(1), (2), and (D)(3) of section 153.01 of the Revised Code 43624
unless the board determines that other information is sufficient 43625
to inform any bidders of the board's requirements. However, if the 43626
board determines that such other information is sufficient for 43627
bidding a project, the board shall not engage in the construction 43628
of any such project involving the practice of professional 43629
engineering, professional surveying, or architecture, for which 43630
plans, specifications, and estimates have not been made by, and 43631
the construction thereof inspected by, a licensed professional 43632
engineer, licensed professional surveyor, or registered architect.43633

       (2) The board shall advertise for bids once each week for a 43634
period of not less than two consecutive weeks, or as provided in 43635
section 7.16 of the Revised Code, in a newspaper of general 43636
circulation in the district before the date specified by the board 43637
for receiving bids. The board may also cause notice to be inserted 43638
in trade papers or other publications designated by it or to be 43639
distributed by electronic means, including posting the notice on 43640
the board's internet web site. If the board posts the notice on 43641
its web site, it may eliminate the second notice otherwise 43642
required to be published in a newspaper of general circulation 43643
within the school district, provided that the first notice 43644
published in such newspaper meets all of the following 43645
requirements:43646

       (a) It is published at least two weeks before the opening of 43647
bids.43648

       (b) It includes a statement that the notice is posted on the 43649
board of education's internet web site.43650

       (c) It includes the internet address of the board's internet 43651
web site.43652

       (d) It includes instructions describing how the notice may be 43653
accessed on the board's internet web site.43654

       (3) Unless the board extends the time for the opening of bids 43655
they shall be opened at the time and place specified by the board 43656
in the advertisement for the bids.43657

       (4) Each bid shall contain the name of every person 43658
interested therein. Each bid shall meet the requirements of 43659
section 153.54 of the Revised Code.43660

       (5) When both labor and materials are embraced in the work 43661
bid for, the board may require that each be separately stated in 43662
the bid, with the price thereof, or may require that bids be 43663
submitted without such separation.43664

       (6) None but the lowest responsible bid shall be accepted. 43665
The board may reject all the bids, or accept any bid for both 43666
labor and material for such improvement or repair, which is the 43667
lowest in the aggregate. In all other respects, the award of 43668
contracts for improvement or repair, but not for purchases made 43669
under section 3327.08 of the Revised Code, shall be pursuant to 43670
section 153.12 of the Revised Code.43671

       (7) The contract shall be between the board and the bidders. 43672
The board shall pay the contract price for the work pursuant to 43673
sections 153.13 and 153.14 of the Revised Code. The board shall 43674
approve and retain the estimates referred to in section 153.13 of 43675
the Revised Code and make them available to the auditor of state 43676
upon request.43677

       (8) When two or more bids are equal, in the whole, or in any 43678
part thereof, and are lower than any others, either may be 43679
accepted, but in no case shall the work be divided between such 43680
bidders.43681

       (9) When there is reason to believe there is collusion or 43682
combination among the bidders, or any number of them, the bids of 43683
those concerned therein shall be rejected.43684

       (B) Division (A) of this section does not apply to the board 43685
of education of any school district in any of the following 43686
situations:43687

       (1) The acquisition of educational materials used in 43688
teaching.43689

       (2) If the board determines and declares by resolution 43690
adopted by two-thirds of all its members that any item is 43691
available and can be acquired only from a single source.43692

       (3) If the board declares by resolution adopted by two-thirds 43693
of all its members that division (A) of this section does not 43694
apply to any installation, modification, or remodeling involved in 43695
any energy conservation measure undertaken through an installment 43696
payment contract under section 3313.372 of the Revised Code or 43697
undertaken pursuant to division (G) of section 133.06 of the 43698
Revised Code.43699

       (4) The acquisition of computer software for instructional 43700
purposes and computer hardware for instructional purposes pursuant 43701
to division (B)(4) of section 3313.37 of the Revised Code.43702

       (C) No resolution adopted pursuant to division (B)(2) or (3) 43703
of this section shall have any effect on whether sections 153.12 43704
to 153.14 and 153.54 of the Revised Code apply to the board of 43705
education of any school district with regard to any item.43706

       Sec. 3314.20.        Sec. 3313.473.  This section does not apply to any 43707
school district declared to be excellent or effective pursuant to 43708
division (B)(1) or (2) of section 3302.03 of the Revised Code.43709

       (A) The state board of education shall adopt rules requiring 43710
school districts with a total student count of over five thousand, 43711
as determined pursuant to section 3317.03 of the Revised Code, to 43712
designate one school building to be operated by a site-based 43713
management council. The rules shall specify the composition of the 43714
council and the manner in which members of the council are to be 43715
selected and removed.43716

       (B) The rules adopted under division (A) of this section 43717
shall specify those powers, duties, functions, and 43718
responsibilities that shall be vested in the management council 43719
and that would otherwise be exercised by the district board of 43720
education. The rules shall also establish a mechanism for 43721
resolving any differences between the council and the district 43722
board if there is disagreement as to their respective powers, 43723
duties, functions, and responsibilities.43724

       (C) The board of education of any school district described 43725
by division (A) of this section may, in lieu of complying with the 43726
rules adopted under this section, file with the department of 43727
education an alternative structure for a district site-based 43728
management program in at least one of its school buildings. The 43729
proposal shall specify the composition of the council, which shall 43730
include an equal number of parents and teachers and the building 43731
principal, and the method of selection and removal of the council 43732
members. The proposal shall also clearly delineate the respective 43733
powers, duties, functions, and responsibilities of the district 43734
board and the council. The district's proposal shall comply 43735
substantially with the rules adopted under division (A) of this 43736
section.43737

       Sec. 3313.482.  (A) Annually, prior to the first day of 43738
September, the board of education of each city, local, and 43739
exempted village school district shall adopt a resolution 43740
specifying a contingency plan under which the district's students 43741
will make up days on which it was necessary to close schools for 43742
any of the reasons specified in division (A)(2) of section 3306.01 43743
and division (B) of section 3317.01 of the Revised Code, if any 43744
such days must be made up in order to comply with the requirements 43745
of sections 3306.01, 3313.48, 3313.481, and 3317.01 of the Revised 43746
Code. The plan shall provide for making up at least five school 43747
days. The plan may provide for making up some or all of the days a 43748
school is closed by increasing the length of other school days in 43749
the manner authorized in division (B) of this section. No 43750
resolution adopted pursuant to this division shall conflict with 43751
any collective bargaining agreement into which a board has entered 43752
pursuant to Chapter 4117. of the Revised Code and that is in 43753
effect in the district.43754

       (B) Notwithstanding anything to the contrary in the 43755
contingency plan it adopts under division (A) of this section, if 43756
a school district closes or evacuates any school building for any 43757
of the reasons specified in division (A)(2) of section 3306.01 and43758
division (B) of section 3317.01 of the Revised Code, or as a 43759
result of a bomb threat or any other report of an alleged or 43760
impending explosion, and if, as a result of the closing or 43761
evacuation, the school district would be unable to meet the 43762
requirements of sections 3306.01, 3313.48, 3313.481, and 3317.01 43763
of the Revised Code regarding the number of days schools must be 43764
open for instruction or the requirements of the state minimum 43765
standards for the school day that are established by the 43766
department of education regarding the number of hours there must 43767
be in the school day, the school district may increase the length 43768
of one or more other school days for the school that was closed or 43769
evacuated, in increments of one-half hour, to make up the number 43770
of hours or days that the school building in question was so 43771
closed or evacuated for the purpose of satisfying the requirements 43772
of those sections.43773

        A school district that makes up, as described in this 43774
division, all of the hours or days that its school buildings were 43775
closed or evacuated for any of the reasons identified in this 43776
division shall be deemed to have complied with the requirements of 43777
sections 3306.01, 3313.48, 3313.481, and 3317.01 of the Revised 43778
Code regarding the number of days schools must be open for 43779
instruction and the requirements of the state minimum standards 43780
regarding the number of hours there must be in the school day.43781

       Sec. 3313.533.  (A) The board of education of a city, 43782
exempted village, or local school district may adopt a resolution 43783
to establish and maintain an alternative school in accordance with 43784
this section. The resolution shall specify, but not necessarily be 43785
limited to, all of the following:43786

       (1) The purpose of the school, which purpose shall be to 43787
serve students who are on suspension, who are having truancy 43788
problems, who are experiencing academic failure, who have a 43789
history of class disruption, who are exhibiting other academic or 43790
behavioral problems specified in the resolution, or who have been 43791
discharged or released from the custody of the department of youth 43792
services under section 5139.51 of the Revised Code;43793

       (2) The grades served by the school, which may include any of 43794
grades kindergarten through twelve;43795

       (3) A requirement that the school be operated in accordance 43796
with this section. The board of education adopting the resolution 43797
under division (A) of this section shall be the governing board of 43798
the alternative school. The board shall develop and implement a 43799
plan for the school in accordance with the resolution establishing 43800
the school and in accordance with this section. Each plan shall 43801
include, but not necessarily be limited to, all of the following:43802

       (a) Specification of the reasons for which students will be 43803
accepted for assignment to the school and any criteria for 43804
admission that are to be used by the board to approve or 43805
disapprove the assignment of students to the school;43806

       (b) Specification of the criteria and procedures that will be 43807
used for returning students who have been assigned to the school 43808
back to the regular education program of the district;43809

       (c) An evaluation plan for assessing the effectiveness of the 43810
school and its educational program and reporting the results of 43811
the evaluation to the public.43812

       (B) Notwithstanding any provision of Title XXXIII of the 43813
Revised Code to the contrary, the alternative school plan may 43814
include any of the following:43815

       (1) A requirement that on each school day students must 43816
attend school or participate in other programs specified in the 43817
plan or by the chief administrative officer of the school for a 43818
period equal to the minimum school day set by the state board of 43819
education under section 3313.48 of the Revised Code plus any 43820
additional time required in the plan or by the chief 43821
administrative officer;43822

       (2) Restrictions on student participation in extracurricular 43823
or interscholastic activities;43824

       (3) A requirement that students wear uniforms prescribed by 43825
the district board of education.43826

       (C) In accordance with the alternative school plan, the 43827
district board of education may employ teachers and nonteaching 43828
employees necessary to carry out its duties and fulfill its 43829
responsibilities or may contract with a nonprofit or for profit 43830
entity to operate the alternative school, including the provision 43831
of personnel, supplies, equipment, or facilities.43832

       (D) An alternative school may be established in all or part 43833
of a school building.43834

       (E) If a district board of education elects under this 43835
section, or is required by section 3313.534 of the Revised Code, 43836
to establish an alternative school, the district board may join 43837
with the board of education of one or more other districts to form 43838
a joint alternative school by forming a cooperative education 43839
school district under section 3311.52 or 3311.521 of the Revised 43840
Code, or a joint educational program under section 3313.842 of the 43841
Revised Code. The authority to employ personnel or to contract 43842
with a nonprofit or for profit entity under division (C) of this 43843
section applies to any alternative school program established 43844
under this division.43845

       (F) Any individual employed as a teacher at an alternative 43846
school operated by a nonprofit or for profit entity under this 43847
section shall be licensed and shall be subject to background 43848
checks, as described in section 3319.39 of the Revised Code, in 43849
the same manner as an individual employed by a school district.43850

       (G) Division (G) of this section applies only to any 43851
alternative school that is operated by a nonprofit or for profit 43852
entity under contract with the school district.43853

       (1) In addition to the specifications authorized under 43854
division (B) of this section, any plan adopted under that division 43855
for an alternative school to which division (G) of this section 43856
also applies shall include the following:43857

       (a) A description of the educational program provided at the 43858
alternative school, which shall include:43859

       (i) Provisions for the school to be configured in clusters or 43860
small learning communities;43861

       (ii) Provisions for the incorporation of education technology 43862
into the curriculum;43863

       (iii) Provisions for accelerated learning programs in reading 43864
and mathematics.43865

       (b) A method to determine the reading and mathematics level 43866
of each student assigned to the alternative school and a method to 43867
continuously monitor each student's progress in those areas. The 43868
methods employed under this division shall be aligned with the 43869
curriculum adopted by the school district board of education under 43870
section 3313.60 of the Revised Code.43871

       (c) A plan for social services to be provided at the 43872
alternative school, such as, but not limited to, counseling 43873
services, psychological support services, and enrichment programs;43874

       (d) A plan for a student's transition from the alternative 43875
school back to a school operated by the school district;43876

       (e) A requirement that the alternative school maintain 43877
financial records in a manner that is compatible with the form 43878
prescribed for school districts by the auditor of state to enable 43879
the district to comply with any rules adopted by the auditor of 43880
state.43881

       (2) Notwithstanding division (A)(2) of this section, any 43882
alternative school to which division (G) of this section applies 43883
shall include only grades six through twelve.43884

       (3) Notwithstanding anything in division (A)(3)(a) of this 43885
section to the contrary, the characteristics of students who may 43886
be assigned to an alternative school to which division (G) of this 43887
section applies shall include only disruptive and low-performing 43888
students.43889

       (H) When any district board of education determines to 43890
contract with a nonprofit or for profit entity to operate an 43891
alternative school under this section, the board shall use the 43892
procedure set forth in this division.43893

       (1) The board shall publish notice of a request for proposals 43894
in a newspaper of general circulation in the district once each 43895
week for a period of at least two consecutive weeks, or as 43896
provided in section 7.16 of the Revised Code, prior to the date 43897
specified by the board for receiving proposals. Notices of 43898
requests for proposals shall contain a general description of the 43899
subject of the proposed contract and the location where the 43900
request for proposals may be obtained. The request for proposals 43901
shall include all of the following information:43902

       (a) Instructions and information to respondents concerning 43903
the submission of proposals, including the name and address of the 43904
office where proposals are to be submitted;43905

       (b) Instructions regarding communications, including at least 43906
the names, titles, and telephone numbers of persons to whom 43907
questions concerning a proposal may be directed;43908

       (c) A description of the performance criteria that will be 43909
used to evaluate whether a respondent to which a contract is 43910
awarded is meeting the district's educational standards or the 43911
method by which such performance criteria will be determined;43912

       (d) Factors and criteria to be considered in evaluating 43913
proposals, the relative importance of each factor or criterion, 43914
and a description of the evaluation procedures to be followed;43915

       (e) Any terms or conditions of the proposed contract, 43916
including any requirement for a bond and the amount of such bond;43917

       (f) Documents that may be incorporated by reference into the 43918
request for proposals, provided that the request for proposals 43919
specifies where such documents may be obtained and that such 43920
documents are readily available to all interested parties.43921

       (2) After the date specified for receiving proposals, the 43922
board shall evaluate the submitted proposals and may hold 43923
discussions with any respondent to ensure a complete understanding 43924
of the proposal and the qualifications of such respondent to 43925
execute the proposed contract. Such qualifications shall include, 43926
but are not limited to, all of the following:43927

       (a) Demonstrated competence in performance of the required 43928
services as indicated by effective implementation of educational 43929
programs in reading and mathematics and at least three years of 43930
experience successfully serving a student population similar to 43931
the student population assigned to the alternative school;43932

       (b) Demonstrated performance in the areas of cost 43933
containment, the provision of educational services of a high 43934
quality, and any other areas determined by the board;43935

       (c) Whether the respondent has the resources to undertake the 43936
operation of the alternative school and to provide qualified 43937
personnel to staff the school;43938

       (d) Financial responsibility.43939

       (3) The board shall select for further review at least three 43940
proposals from respondents the board considers qualified to 43941
operate the alternative school in the best interests of the 43942
students and the district. If fewer than three proposals are 43943
submitted, the board shall select each proposal submitted. The 43944
board may cancel a request for proposals or reject all proposals 43945
at any time prior to the execution of a contract.43946

       The board may hold discussions with any of the three selected 43947
respondents to clarify or revise the provisions of a proposal or 43948
the proposed contract to ensure complete understanding between the 43949
board and the respondent of the terms under which a contract will 43950
be entered. Respondents shall be accorded fair and equal treatment 43951
with respect to any opportunity for discussion regarding 43952
clarifications or revisions. The board may terminate or 43953
discontinue any further discussion with a respondent upon written 43954
notice.43955

       (4) Upon further review of the three proposals selected by 43956
the board, the board shall award a contract to the respondent the 43957
board considers to have the most merit, taking into consideration 43958
the scope, complexity, and nature of the services to be performed 43959
by the respondent under the contract.43960

       (5) Except as provided in division (H)(6) of this section, 43961
the request for proposals, submitted proposals, and related 43962
documents shall become public records under section 149.43 of the 43963
Revised Code after the award of the contract.43964

       (6) Any respondent may request in writing that the board not 43965
disclose confidential or proprietary information or trade secrets 43966
contained in the proposal submitted by the respondent to the 43967
board. Any such request shall be accompanied by an offer of 43968
indemnification from the respondent to the board. The board shall 43969
determine whether to agree to the request and shall inform the 43970
respondent in writing of its decision. If the board agrees to 43971
nondisclosure of specified information in a proposal, such 43972
information shall not become a public record under section 149.43 43973
of the Revised Code. If the respondent withdraws its proposal at 43974
any time prior to the execution of a contract, the proposal shall 43975
not be a public record under section 149.43 of the Revised Code.43976

       (I) Upon a recommendation from the department and in 43977
accordance with section 3301.16 of the Revised Code, the state 43978
board of education may revoke the charter of any alternative 43979
school operated by a school district that violates this section.43980

       Sec. 3313.55.  The board of education of any school district 43981
in which is located a state, district, county, or municipal 43982
hospital for children with epilepsy or any public institution, 43983
except state institutions for the care and treatment of 43984
delinquent, unstable, or socially maladjusted children, shall make 43985
provision for the education of all educable children therein; 43986
except that in the event another school district within the same 43987
county or an adjoining county is the source of sixty per cent or 43988
more of the children in said hospital or institution, the board of 43989
that school district shall make provision for the education of all 43990
the children therein. In any case in which a board provides 43991
educational facilities under this section, the board that provides 43992
the facilities shall be entitled to all moneys authorized for the 43993
attendance of pupils as provided in Chapter 3306. or 3317. of the 43994
Revised Code, tuition as provided in section 3317.08 of the 43995
Revised Code, and such additional compensation as is provided for 43996
crippled children in sections 3323.01 to 3323.12 of the Revised 43997
Code. Any board that provides the educational facilities for 43998
children in county or municipal institutions established for the 43999
care and treatment of children who are delinquent, unstable, or 44000
socially maladjusted shall not be entitled to any moneys provided 44001
for crippled children in sections 3323.01 to 3323.12 of the 44002
Revised Code.44003

       Sec. 3313.603.  (A) As used in this section:44004

       (1) "One unit" means a minimum of one hundred twenty hours of 44005
course instruction, except that for a laboratory course, "one 44006
unit" means a minimum of one hundred fifty hours of course 44007
instruction.44008

       (2) "One-half unit" means a minimum of sixty hours of course 44009
instruction, except that for physical education courses, "one-half 44010
unit" means a minimum of one hundred twenty hours of course 44011
instruction.44012

       (B) Beginning September 15, 2001, except as required in 44013
division (C) of this section and division (C) of section 3313.614 44014
of the Revised Code, the requirements for graduation from every 44015
high school shall include twenty units earned in grades nine 44016
through twelve and shall be distributed as follows:44017

       (1) English language arts, four units;44018

       (2) Health, one-half unit;44019

       (3) Mathematics, three units;44020

       (4) Physical education, one-half unit;44021

       (5) Science, two units until September 15, 2003, and three 44022
units thereafter, which at all times shall include both of the 44023
following:44024

       (a) Biological sciences, one unit;44025

       (b) Physical sciences, one unit.44026

       (6) Social studies, three units, which shall include both of 44027
the following:44028

       (a) American history, one-half unit;44029

       (b) American government, one-half unit.44030

       (7) Elective units, seven units until September 15, 2003, and 44031
six units thereafter.44032

       Each student's electives shall include at least one unit, or 44033
two half units, chosen from among the areas of 44034
business/technology, fine arts, and/or foreign language.44035

       (C) Beginning with students who enter ninth grade for the 44036
first time on or after July 1, 2010, except as provided in 44037
divisions (D) to (F) of this section, the requirements for 44038
graduation from every public and chartered nonpublic high school 44039
shall include twenty units that are designed to prepare students 44040
for the workforce and college. The units shall be distributed as 44041
follows:44042

       (1) English language arts, four units;44043

       (2) Health, one-half unit, which shall include instruction in 44044
nutrition and the benefits of nutritious foods and physical 44045
activity for overall health;44046

       (3) Mathematics, four units, which shall include one unit of 44047
algebra II or the equivalent of algebra II;44048

       (4) Physical education, one-half unit;44049

       (5) Science, three units with inquiry-based laboratory 44050
experience that engages students in asking valid scientific 44051
questions and gathering and analyzing information, which shall 44052
include the following, or their equivalent:44053

       (a) Physical sciences, one unit;44054

       (b) Life sciences, one unit;44055

       (c) Advanced study in one or more of the following sciences, 44056
one unit:44057

       (i) Chemistry, physics, or other physical science;44058

       (ii) Advanced biology or other life science;44059

       (iii) Astronomy, physical geology, or other earth or space 44060
science.44061

       (6) Social studies, three units, which shall include both of 44062
the following:44063

       (a) American history, one-half unit;44064

       (b) American government, one-half unit.44065

       Each school shall integrate the study of economics and 44066
financial literacy, as expressed in the social studies academic 44067
content standards adopted by the state board of education under 44068
division (A)(1) of section 3301.079 of the Revised Code and the 44069
academic content standards for financial literacy and 44070
entrepreneurship adopted under division (A)(2) of that section, 44071
into one or more existing social studies credits required under 44072
division (C)(6) of this section, or into the content of another 44073
class, so that every high school student receives instruction in 44074
those concepts. In developing the curriculum required by this 44075
paragraph, schools shall use available public-private partnerships 44076
and resources and materials that exist in business, industry, and 44077
through the centers for economics education at institutions of 44078
higher education in the state.44079

       (7) Five units consisting of one or any combination of 44080
foreign language, fine arts, business, career-technical education, 44081
family and consumer sciences, technology, agricultural education, 44082
a junior reserve officer training corps (JROTC) program approved 44083
by the congress of the United States under title 10 of the United 44084
States Code, or English language arts, mathematics, science, or 44085
social studies courses not otherwise required under division (C) 44086
of this section.44087

       Ohioans must be prepared to apply increased knowledge and 44088
skills in the workplace and to adapt their knowledge and skills 44089
quickly to meet the rapidly changing conditions of the 44090
twenty-first century. National studies indicate that all high 44091
school graduates need the same academic foundation, regardless of 44092
the opportunities they pursue after graduation. The goal of Ohio's 44093
system of elementary and secondary education is to prepare all 44094
students for and seamlessly connect all students to success in 44095
life beyond high school graduation, regardless of whether the next 44096
step is entering the workforce, beginning an apprenticeship, 44097
engaging in post-secondary training, serving in the military, or 44098
pursuing a college degree.44099

        The Ohio core curriculum is the standard expectation for all 44100
students entering ninth grade for the first time at a public or 44101
chartered nonpublic high school on or after July 1, 2010. A 44102
student may satisfy this expectation through a variety of methods, 44103
including, but not limited to, integrated, applied, 44104
career-technical, and traditional coursework.44105

       Whereas teacher quality is essential for student success in 44106
completing the Ohio core curriculum, the general assembly shall 44107
appropriate funds for strategic initiatives designed to strengthen 44108
schools' capacities to hire and retain highly qualified teachers 44109
in the subject areas required by the curriculum. Such initiatives 44110
are expected to require an investment of $120,000,000 over five 44111
years.44112

       Stronger coordination between high schools and institutions 44113
of higher education is necessary to prepare students for more 44114
challenging academic endeavors and to lessen the need for academic 44115
remediation in college, thereby reducing the costs of higher 44116
education for Ohio's students, families, and the state. The state 44117
board and the chancellor of the Ohio board of regents shall 44118
develop policies to ensure that only in rare instances will 44119
students who complete the Ohio core curriculum require academic 44120
remediation after high school.44121

       School districts, community schools, and chartered nonpublic 44122
schools shall integrate technology into learning experiences 44123
whenever practicable across the curriculum in order to maximize 44124
efficiency, enhance learning, and prepare students for success in 44125
the technology-driven twenty-first century. Districts and schools 44126
mayshall use distance and web-based course delivery as a method 44127
of providing or augmenting all instruction required under this 44128
division, including laboratory experience in science. Districts 44129
and schools shall whenever practicable utilize technology access 44130
and electronic learning opportunities provided by the eTech Ohio 44131
commission, the Ohio learning network, education technology 44132
centers, public television stations, and other public and private 44133
providers.44134

       (D) Except as provided in division (E) of this section, a 44135
student who enters ninth grade on or after July 1, 2010, and 44136
before July 1, 2014, may qualify for graduation from a public or 44137
chartered nonpublic high school even though the student has not 44138
completed the Ohio core curriculum prescribed in division (C) of 44139
this section if all of the following conditions are satisfied:44140

       (1) After the student has attended high school for two years, 44141
as determined by the school, the student and the student's parent, 44142
guardian, or custodian sign and file with the school a written 44143
statement asserting the parent's, guardian's, or custodian's 44144
consent to the student's graduating without completing the Ohio 44145
core curriculum and acknowledging that one consequence of not 44146
completing the Ohio core curriculum is ineligibility to enroll in 44147
most state universities in Ohio without further coursework.44148

       (2) The student and parent, guardian, or custodian fulfill 44149
any procedural requirements the school stipulates to ensure the 44150
student's and parent's, guardian's, or custodian's informed 44151
consent and to facilitate orderly filing of statements under 44152
division (D)(1) of this section.44153

       (3) The student and the student's parent, guardian, or 44154
custodian and a representative of the student's high school 44155
jointly develop an individual career plan for the student that 44156
specifies the student matriculating to a two-year degree program, 44157
acquiring a business and industry credential, or entering an 44158
apprenticeship.44159

       (4) The student's high school provides counseling and support 44160
for the student related to the plan developed under division 44161
(D)(3) of this section during the remainder of the student's high 44162
school experience.44163

       (5) The student successfully completes, at a minimum, the 44164
curriculum prescribed in division (B) of this section.44165

       The department of education, in collaboration with the 44166
chancellor, shall analyze student performance data to determine if 44167
there are mitigating factors that warrant extending the exception 44168
permitted by division (D) of this section to high school classes 44169
beyond those entering ninth grade before July 1, 2014. The 44170
department shall submit its findings and any recommendations not 44171
later than August 1, 2014, to the speaker and minority leader of 44172
the house of representatives, the president and minority leader of 44173
the senate, the chairpersons and ranking minority members of the 44174
standing committees of the house of representatives and the senate 44175
that consider education legislation, the state board of education, 44176
and the superintendent of public instruction.44177

       (E) Each school district and chartered nonpublic school 44178
retains the authority to require an even more rigorous minimum 44179
curriculum for high school graduation than specified in division 44180
(B) or (C) of this section. A school district board of education, 44181
through the adoption of a resolution, or the governing authority 44182
of a chartered nonpublic school may stipulate any of the 44183
following:44184

        (1) A minimum high school curriculum that requires more than 44185
twenty units of academic credit to graduate;44186

        (2) An exception to the district's or school's minimum high 44187
school curriculum that is comparable to the exception provided in 44188
division (D) of this section but with additional requirements, 44189
which may include a requirement that the student successfully 44190
complete more than the minimum curriculum prescribed in division 44191
(B) of this section;44192

        (3) That no exception comparable to that provided in division 44193
(D) of this section is available.44194

       (F) A student enrolled in a dropout prevention and recovery 44195
program, which program has received a waiver from the department, 44196
may qualify for graduation from high school by successfully 44197
completing a competency-based instructional program administered 44198
by the dropout prevention and recovery program in lieu of 44199
completing the Ohio core curriculum prescribed in division (C) of 44200
this section. The department shall grant a waiver to a dropout 44201
prevention and recovery program, within sixty days after the 44202
program applies for the waiver, if the program meets all of the 44203
following conditions:44204

       (1) The program serves only students not younger than sixteen 44205
years of age and not older than twenty-one years of age.44206

       (2) The program enrolls students who, at the time of their 44207
initial enrollment, either, or both, are at least one grade level 44208
behind their cohort age groups or experience crises that 44209
significantly interfere with their academic progress such that 44210
they are prevented from continuing their traditional programs.44211

       (3) The program requires students to attain at least the 44212
applicable score designated for each of the assessments prescribed 44213
under division (B)(1) of section 3301.0710 of the Revised Code or, 44214
to the extent prescribed by rule of the state board under division 44215
(E)(D)(6) of section 3301.0712 of the Revised Code, division 44216
(B)(2) of that section.44217

       (4) The program develops an individual career plan for the 44218
student that specifies the student's matriculating to a two-year 44219
degree program, acquiring a business and industry credential, or 44220
entering an apprenticeship.44221

       (5) The program provides counseling and support for the 44222
student related to the plan developed under division (F)(4) of 44223
this section during the remainder of the student's high school 44224
experience.44225

       (6) The program requires the student and the student's 44226
parent, guardian, or custodian to sign and file, in accordance 44227
with procedural requirements stipulated by the program, a written 44228
statement asserting the parent's, guardian's, or custodian's 44229
consent to the student's graduating without completing the Ohio 44230
core curriculum and acknowledging that one consequence of not 44231
completing the Ohio core curriculum is ineligibility to enroll in 44232
most state universities in Ohio without further coursework.44233

       (7) Prior to receiving the waiver, the program has submitted 44234
to the department an instructional plan that demonstrates how the 44235
academic content standards adopted by the state board under 44236
section 3301.079 of the Revised Code will be taught and assessed.44237

       If the department does not act either to grant the waiver or 44238
to reject the program application for the waiver within sixty days 44239
as required under this section, the waiver shall be considered to 44240
be granted.44241

       (G) Every high school may permit students below the ninth 44242
grade to take advanced work. If a high school so permits, it shall 44243
award high school credit for successful completion of the advanced 44244
work and shall count such advanced work toward the graduation 44245
requirements of division (B) or (C) of this section if the 44246
advanced work was both:44247

       (1) Taught by a person who possesses a license or certificate 44248
issued under section 3301.071, 3319.22, or 3319.222 of the Revised 44249
Code that is valid for teaching high school;44250

       (2) Designated by the board of education of the city, local, 44251
or exempted village school district, the board of the cooperative 44252
education school district, or the governing authority of the 44253
chartered nonpublic school as meeting the high school curriculum 44254
requirements.44255

        Each high school shall record on the student's high school 44256
transcript all high school credit awarded under division (G) of 44257
this section. In addition, if the student completed a seventh- or 44258
eighth-grade fine arts course described in division (K) of this 44259
section and the course qualified for high school credit under that 44260
division, the high school shall record that course on the 44261
student's high school transcript.44262

       (H) The department shall make its individual academic career 44263
plan available through its Ohio career information system web site 44264
for districts and schools to use as a tool for communicating with 44265
and providing guidance to students and families in selecting high 44266
school courses.44267

        (I) Units earned in English language arts, mathematics, 44268
science, and social studies that are delivered through integrated 44269
academic and career-technical instruction are eligible to meet the 44270
graduation requirements of division (B) or (C) of this section.44271

       (J) The state board, in consultation with the chancellor, 44272
shall adopt a statewide plan implementing methods for students to 44273
earn units of high school credit based on a demonstration of 44274
subject area competency, instead of or in combination with 44275
completing hours of classroom instruction. The state board shall 44276
adopt the plan not later than March 31, 2009, and commence phasing 44277
in the plan during the 2009-2010 school year. The plan shall 44278
include a standard method for recording demonstrated proficiency 44279
on high school transcripts. Each school district, community 44280
school, and chartered nonpublic school shall comply with the state 44281
board's plan adopted under this division and award units of high 44282
school credit in accordance with the plan. The state board may 44283
adopt existing methods for earning high school credit based on a 44284
demonstration of subject area competency as necessary prior to the 44285
2009-2010 school year.44286

       (K) This division does not apply to students who qualify for 44287
graduation from high school under division (D) or (F) of this 44288
section, or to students pursuing a career-technical instructional 44289
track as determined by the school district board of education or 44290
the chartered nonpublic school's governing authority. 44291
Nevertheless, the general assembly encourages such students to 44292
consider enrolling in a fine arts course as an elective.44293

       Beginning with students who enter ninth grade for the first 44294
time on or after July 1, 2010, each student enrolled in a public 44295
or chartered nonpublic high school shall complete two semesters or 44296
the equivalent of fine arts to graduate from high school. The 44297
coursework may be completed in any of grades seven to twelve. Each 44298
student who completes a fine arts course in grade seven or eight 44299
may elect to count that course toward the five units of electives 44300
required for graduation under division (C)(7) of this section, if 44301
the course satisfied the requirements of division (G) of this 44302
section. In that case, the high school shall award the student 44303
high school credit for the course and count the course toward the 44304
five units required under division (C)(7) of this section. If the 44305
course in grade seven or eight did not satisfy the requirements of 44306
division (G) of this section, the high school shall not award the 44307
student high school credit for the course but shall count the 44308
course toward the two semesters or the equivalent of fine arts 44309
required by this division.44310

       (L) Notwithstanding anything to the contrary in this section, 44311
the board of education of each school district and the governing 44312
authority of each chartered nonpublic school may adopt a policy to 44313
excuse from the high school physical education requirement each 44314
student who, during high school, has participated in 44315
interscholastic athletics, marching band, or cheerleading for at 44316
least two full seasons or in the junior reserve officer training 44317
corps for at least two full school years. If the board or 44318
authority adopts such a policy, the board or authority shall not 44319
require the student to complete any physical education course as a 44320
condition to graduate. However, the student shall be required to 44321
complete one-half unit, consisting of at least sixty hours of 44322
instruction, in another course of study. In the case of a student 44323
who has participated in the junior reserve officer training corps 44324
for at least two full school years, credit received for that 44325
participation may be used to satisfy the requirement to complete 44326
one-half unit in another course of study.44327

       Sec. 3313.61.  (A) A diploma shall be granted by the board of 44328
education of any city, exempted village, or local school district 44329
that operates a high school to any person to whom all of the 44330
following apply:44331

       (1) The person has successfully completed the curriculum in 44332
any high school or the individualized education program developed 44333
for the person by any high school pursuant to section 3323.08 of 44334
the Revised Code, or has qualified under division (D) or (F) of 44335
section 3313.603 of the Revised Code, provided that no school 44336
district shall require a student to remain in school for any 44337
specific number of semesters or other terms if the student 44338
completes the required curriculum early;44339

       (2) Subject to section 3313.614 of the Revised Code, the 44340
person has met the assessment requirements of division (A)(2)(a) 44341
or (b) of this section, as applicable.44342

       (a) If the person entered the ninth grade prior to the date 44343
prescribed by rule of the state board of education under division 44344
(E)(D)(2) of section 3301.0712 of the Revised Code, the person 44345
either:44346

       (i) Has attained at least the applicable scores designated 44347
under division (B)(1) of section 3301.0710 of the Revised Code on 44348
all the assessments required by that division unless the person 44349
was excused from taking any such assessment pursuant to section 44350
3313.532 of the Revised Code or unless division (H) or (L) of this 44351
section applies to the person;44352

       (ii) Has satisfied the alternative conditions prescribed in 44353
section 3313.615 of the Revised Code.44354

       (b) If the person entered the ninth grade on or after the 44355
date prescribed by rule of the state board under division 44356
(E)(D)(2) of section 3301.0712 of the Revised Code, the person has 44357
attained onmet the requirements of the entire assessment system 44358
prescribed under division (B)(2) of section 3301.0710 of the 44359
Revised Code at least the required passing composite score, 44360
designated under division (C)(1) of section 3301.0712 of the 44361
Revised Code, except to the extent that the person is excused from 44362
some portion of that assessment system pursuant to section 44363
3313.532 of the Revised Code or division (H) or (L) of this 44364
section.44365

       (3) The person is not eligible to receive an honors diploma 44366
granted pursuant to division (B) of this section.44367

       Except as provided in divisions (C), (E), (J), and (L) of 44368
this section, no diploma shall be granted under this division to 44369
anyone except as provided under this division.44370

       (B) In lieu of a diploma granted under division (A) of this 44371
section, an honors diploma shall be granted, in accordance with 44372
rules of the state board, by any such district board to anyone who 44373
accomplishes all of the following:44374

       (1) Successfully completes the curriculum in any high school 44375
or the individualized education program developed for the person 44376
by any high school pursuant to section 3323.08 of the Revised 44377
Code;44378

       (2) Subject to section 3313.614 of the Revised Code, has met 44379
the assessment requirements of division (B)(2)(a) or (b) of this 44380
section, as applicable.44381

       (a) If the person entered the ninth grade prior to the date 44382
prescribed by rule of the state board of education under division 44383
(E)(D)(2) of section 3301.0712 of the Revised Code, the person 44384
either:44385

       (i) Has attained at least the applicable scores designated 44386
under division (B)(1) of section 3301.0710 of the Revised Code on 44387
all the assessments required by that division;44388

       (ii) Has satisfied the alternative conditions prescribed in 44389
section 3313.615 of the Revised Code.44390

       (b) If the person entered the ninth grade on or after the 44391
date prescribed by rule of the state board under division 44392
(E)(D)(2) of section 3301.0712 of the Revised Code, the person has 44393
attained onmet the requirements of the entire assessment system 44394
prescribed under division (B)(2) of section 3301.0710 of the 44395
Revised Code at least the required passing composite score, 44396
designated under division (C)(1) of section 3301.0712 of the 44397
Revised Code.44398

       (3) Has met additional criteria established by the state 44399
board for the granting of such a diploma. 44400

        An honors diploma shall not be granted to a student who is 44401
subject to the Ohio core curriculum prescribed in division (C) of 44402
section 3313.603 of the Revised Code but elects the option of 44403
division (D) or (F) of that section. Except as provided in 44404
divisions (C), (E), and (J) of this section, no honors diploma 44405
shall be granted to anyone failing to comply with this division 44406
and no more than one honors diploma shall be granted to any 44407
student under this division.44408

       The state board shall adopt rules prescribing the granting of 44409
honors diplomas under this division. These rules may prescribe the 44410
granting of honors diplomas that recognize a student's achievement 44411
as a whole or that recognize a student's achievement in one or 44412
more specific subjects or both. The rules may prescribe the 44413
granting of an honors diploma recognizing technical expertise for 44414
a career-technical student. In any case, the rules shall designate 44415
two or more criteria for the granting of each type of honors 44416
diploma the board establishes under this division and the number 44417
of such criteria that must be met for the granting of that type of 44418
diploma. The number of such criteria for any type of honors 44419
diploma shall be at least one less than the total number of 44420
criteria designated for that type and no one or more particular 44421
criteria shall be required of all persons who are to be granted 44422
that type of diploma.44423

       (C) Any district board administering any of the assessments 44424
required by section 3301.0710 of the Revised Code to any person 44425
requesting to take such assessment pursuant to division (B)(8)(b) 44426
of section 3301.0711 of the Revised Code shall award a diploma to 44427
such person if the person attains at least the applicable scores 44428
designated under division (B)(1) of section 3301.0710 of the 44429
Revised Code on all the assessments administered and if the person 44430
has previously attained the applicable scores on all the other 44431
assessments required by division (B)(1) of that section or has 44432
been exempted or excused from attaining the applicable score on 44433
any such assessment pursuant to division (H) or (L) of this 44434
section or from taking any such assessment pursuant to section 44435
3313.532 of the Revised Code.44436

       (D) Each diploma awarded under this section shall be signed 44437
by the president and treasurer of the issuing board, the 44438
superintendent of schools, and the principal of the high school. 44439
Each diploma shall bear the date of its issue, be in such form as 44440
the district board prescribes, and be paid for out of the 44441
district's general fund.44442

       (E) A person who is a resident of Ohio and is eligible under 44443
state board of education minimum standards to receive a high 44444
school diploma based in whole or in part on credits earned while 44445
an inmate of a correctional institution operated by the state or 44446
any political subdivision thereof, shall be granted such diploma 44447
by the correctional institution operating the programs in which 44448
such credits were earned, and by the board of education of the 44449
school district in which the inmate resided immediately prior to 44450
the inmate's placement in the institution. The diploma granted by 44451
the correctional institution shall be signed by the director of 44452
the institution, and by the person serving as principal of the 44453
institution's high school and shall bear the date of issue.44454

       (F) Persons who are not residents of Ohio but who are inmates 44455
of correctional institutions operated by the state or any 44456
political subdivision thereof, and who are eligible under state 44457
board of education minimum standards to receive a high school 44458
diploma based in whole or in part on credits earned while an 44459
inmate of the correctional institution, shall be granted a diploma 44460
by the correctional institution offering the program in which the 44461
credits were earned. The diploma granted by the correctional 44462
institution shall be signed by the director of the institution and 44463
by the person serving as principal of the institution's high 44464
school and shall bear the date of issue.44465

       (G) The state board of education shall provide by rule for 44466
the administration of the assessments required by section 44467
3301.0710 of the Revised Code to inmates of correctional 44468
institutions.44469

       (H) Any person to whom all of the following apply shall be 44470
exempted from attaining the applicable score on the assessment in 44471
social studies designated under division (B)(1) of section 44472
3301.0710 of the Revised Code, any social studies end-of-course 44473
examination required under division (B)(2) of that section if such 44474
an exemption is prescribed by rule of the state board under 44475
division (E)(D)(4) of section 3301.0712 of the Revised Code, or 44476
the test in citizenship designated under former division (B) of 44477
section 3301.0710 of the Revised Code as it existed prior to 44478
September 11, 2001:44479

       (1) The person is not a citizen of the United States;44480

       (2) The person is not a permanent resident of the United 44481
States;44482

       (3) The person indicates no intention to reside in the United 44483
States after the completion of high school.44484

       (I) Notwithstanding division (D) of section 3311.19 and 44485
division (D) of section 3311.52 of the Revised Code, this section 44486
and section 3311.611 of the Revised Code do not apply to the board 44487
of education of any joint vocational school district or any 44488
cooperative education school district established pursuant to 44489
divisions (A) to (C) of section 3311.52 of the Revised Code.44490

       (J) Upon receipt of a notice under division (D) of section 44491
3325.08 of division (D) of section 3328.25 of the Revised Code 44492
that a student has received a diploma under thateither section, 44493
the board of education receiving the notice may grant a high 44494
school diploma under this section to the student, except that such 44495
board shall grant the student a diploma if the student meets the 44496
graduation requirements that the student would otherwise have had 44497
to meet to receive a diploma from the district. The diploma 44498
granted under this section shall be of the same type the notice 44499
indicates the student received under section 3325.08 or 3328.25 of 44500
the Revised Code.44501

       (K) As used in this division, "limited English proficient 44502
student" has the same meaning as in division (C)(3) of section 44503
3301.0711 of the Revised Code.44504

        Notwithstanding division (C)(3) of section 3301.0711 of the 44505
Revised Code, no limited English proficient student who has not 44506
either attained the applicable scores designated under division 44507
(B)(1) of section 3301.0710 of the Revised Code on all the 44508
assessments required by that division, or attained the composite 44509
score designated formet the requirements of the assessments 44510
required by division (B)(2) of that section, shall be awarded a 44511
diploma under this section.44512

       (L) Any student described by division (A)(1) of this section 44513
may be awarded a diploma without attaining the applicable scores 44514
designated on the assessments prescribed under division (B) of 44515
section 3301.0710 of the Revised Code provided an individualized 44516
education program specifically exempts the student from attaining 44517
such scores. This division does not negate the requirement for 44518
such a student to take all such assessments or alternate 44519
assessments required by division (C)(1) of section 3301.0711 of 44520
the Revised Code for the purpose of assessing student progress as 44521
required by federal law.44522

       Sec. 3313.611.  (A) The state board of education shall adopt, 44523
by rule, standards for awarding high school credit equivalent to 44524
credit for completion of high school academic and vocational 44525
education courses to applicants for diplomas under this section. 44526
The standards may permit high school credit to be granted to an 44527
applicant for any of the following:44528

       (1) Work experiences or experiences as a volunteer;44529

       (2) Completion of academic, vocational, or self-improvement 44530
courses offered to persons over the age of twenty-one by a 44531
chartered public or nonpublic school;44532

       (3) Completion of academic, vocational, or self-improvement 44533
courses offered by an organization, individual, or educational 44534
institution other than a chartered public or nonpublic school;44535

       (4) Other life experiences considered by the board to provide 44536
knowledge and learning experiences comparable to that gained in a 44537
classroom setting.44538

       (B) The board of education of any city, exempted village, or 44539
local school district that operates a high school shall grant a 44540
diploma of adult education to any applicant if all of the 44541
following apply:44542

       (1) The applicant is a resident of the district;44543

       (2) The applicant is over the age of twenty-one and has not 44544
been issued a diploma as provided in section 3313.61 of the 44545
Revised Code;44546

       (3) Subject to section 3313.614 of the Revised Code, the 44547
applicant has met the assessment requirements of division 44548
(B)(3)(a) or (b) of this section, as applicable.44549

       (a) Prior to the date prescribed by rule of the state board 44550
under division (E)(D)(3) of section 3301.0712 of the Revised Code, 44551
the applicant either:44552

       (i) Has attained the applicable scores designated under 44553
division (B)(1) of section 3301.0710 of the Revised Code on all of 44554
the assessments required by that division or was excused or 44555
exempted from any such assessment pursuant to section 3313.532 or 44556
was exempted from attaining the applicable score on any such 44557
assessment pursuant to division (H) or (L) of section 3313.61 of 44558
the Revised Code;44559

       (ii) Has satisfied the alternative conditions prescribed in 44560
section 3313.615 of the Revised Code.44561

       (b) On or after the date prescribed by rule of the state 44562
board under division (E)(D)(3) of section 3301.0712 of the 44563
Revised Code, has attained onmet the requirements of the entire 44564
assessment system prescribed under division (B)(2) of section 44565
3301.0710 of the Revised Code at least the required passing 44566
composite score, designated under division (C)(1) of section 44567
3301.0712 of the Revised Code, except and only to the extent that 44568
the applicant is excused from some portion of that assessment 44569
system pursuant to section 3313.532 of the Revised Code or 44570
division (H) or (L) of section 3313.61 of the Revised Code.44571

       (4) The district board determines, in accordance with the 44572
standards adopted under division (A) of this section, that the 44573
applicant has attained sufficient high school credits, including 44574
equivalent credits awarded under such standards, to qualify as 44575
having successfully completed the curriculum required by the 44576
district for graduation.44577

       (C) If a district board determines that an applicant is not 44578
eligible for a diploma under division (B) of this section, it 44579
shall inform the applicant of the reason the applicant is 44580
ineligible and shall provide a list of any courses required for 44581
the diploma for which the applicant has not received credit. An 44582
applicant may reapply for a diploma under this section at any 44583
time.44584

       (D) If a district board awards an adult education diploma 44585
under this section, the president and treasurer of the board and 44586
the superintendent of schools shall sign it. Each diploma shall 44587
bear the date of its issuance, be in such form as the district 44588
board prescribes, and be paid for from the district's general 44589
fund, except that the state board may by rule prescribe standard 44590
language to be included on each diploma.44591

       (E) As used in this division, "limited English proficient 44592
student" has the same meaning as in division (C)(3) of section 44593
3301.0711 of the Revised Code.44594

        Notwithstanding division (C)(3) of section 3301.0711 of the 44595
Revised Code, no limited English proficient student who has not 44596
either attained the applicable scores designated under division 44597
(B)(1) of section 3301.0710 of the Revised Code on all the 44598
assessments required by that division, or attained the composite 44599
score designated forhas not met the requirements of the 44600
assessments required by division (B)(2) of that section, shall be 44601
awarded a diploma under this section.44602

       Sec. 3313.612.  (A) No nonpublic school chartered by the 44603
state board of education shall grant a high school diploma to any 44604
person unless, subject to section 3313.614 of the Revised Code, 44605
the person has met the assessment requirements of division (A)(1) 44606
or (2) of this section, as applicable.44607

       (1) If the person entered the ninth grade prior to the date 44608
prescribed by rule of the state board under division (E)(D)(2) of 44609
section 3301.0712 of the Revised Code, the person has attained at 44610
least the applicable scores designated under division (B)(1) of 44611
section 3301.0710 of the Revised Code on all the assessments 44612
required by that division, or has satisfied the alternative 44613
conditions prescribed in section 3313.615 of the Revised Code.44614

       (2) If the person entered the ninth grade on or after the 44615
date prescribed by rule of the state board under division (E)(2) 44616
of section 3301.0712 of the Revised Code, the person has attained 44617
onmet the requirements of the entire assessment system 44618
prescribed under division (B)(2) of section 3301.0710 of the 44619
Revised Code at least the required passing composite score, 44620
designated under division (C)(1) of section 3301.0712 of the 44621
Revised Code.44622

       (B) This section does not apply to either of the following:44623

       (1) Any person with regard to any assessment from which the 44624
person was excused pursuant to division (C)(1)(c) of section 44625
3301.0711 of the Revised Code;44626

       (2) Any person with regard to the social studies assessment 44627
under division (B)(1) of section 3301.0710 of the Revised Code, 44628
any social studies end-of-course examination required under 44629
division (B)(2) of that section if such an exemption is prescribed 44630
by rule of the state board of education under division (E)(D)(4) 44631
of section 3301.0712 of the Revised Code, or the citizenship test 44632
under former division (B) of section 3301.0710 of the Revised Code 44633
as it existed prior to September 11, 2001, if all of the following 44634
apply:44635

       (a) The person is not a citizen of the United States;44636

       (b) The person is not a permanent resident of the United 44637
States;44638

       (c) The person indicates no intention to reside in the United 44639
States after completion of high school.44640

       (C) As used in this division, "limited English proficient 44641
student" has the same meaning as in division (C)(3) of section 44642
3301.0711 of the Revised Code.44643

        Notwithstanding division (C)(3) of section 3301.0711 of the 44644
Revised Code, no limited English proficient student who has not 44645
either attained the applicable scores designated under division 44646
(B)(1) of section 3301.0710 of the Revised Code on all the 44647
assessments required by that division, or attained the composite 44648
score designated formet the requirements of the assessments 44649
required byunder division (B)(2) of that section, shall be 44650
awarded a diploma under this section.44651

       Sec. 3313.614.  (A) As used in this section, a person 44652
"fulfills the curriculum requirement for a diploma" at the time 44653
one of the following conditions is satisfied:44654

       (1) The person successfully completes the high school 44655
curriculum of a school district, a community school, a chartered 44656
nonpublic school, or a correctional institution.44657

       (2) The person successfully completes the individualized 44658
education program developed for the person under section 3323.08 44659
of the Revised Code.44660

       (3) A board of education issues its determination under 44661
section 3313.611 of the Revised Code that the person qualifies as 44662
having successfully completed the curriculum required by the 44663
district.44664

       (B) This division specifies the assessment requirements that 44665
must be fulfilled as a condition toward granting high school 44666
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08 44667
of the Revised Code.44668

       (1) A person who fulfills the curriculum requirement for a 44669
diploma before September 15, 2000, is not required to pass any 44670
proficiency test or achievement test in science as a condition to 44671
receiving a diploma.44672

       (2) A person who began ninth grade prior to July 1, 2003, is 44673
not required to pass the Ohio graduation test prescribed under 44674
division (B)(1) of section 3301.0710 or any assessment prescribed 44675
under division (B)(2) of that section in any subject as a 44676
condition to receiving a diploma once the person has passed the 44677
ninth grade proficiency test in the same subject, so long as the 44678
person passed the ninth grade proficiency test prior to September 44679
15, 2008. However, any such person who passes the Ohio graduation 44680
test in any subject prior to passing the ninth grade proficiency 44681
test in the same subject shall be deemed to have passed the ninth 44682
grade proficiency test in that subject as a condition to receiving 44683
a diploma. For this purpose, the ninth grade proficiency test in 44684
citizenship substitutes for the Ohio graduation test in social 44685
studies. If a person began ninth grade prior to July 1, 2003, but 44686
does not pass a ninth grade proficiency test or the Ohio 44687
graduation test in a particular subject before September 15, 2008, 44688
and passage of a test in that subject is a condition for the 44689
person to receive a diploma, the person must pass the Ohio 44690
graduation test instead of the ninth grade proficiency test in 44691
that subject to receive a diploma.44692

       (3) A person who begins ninth grade on or after July 1, 2003, 44693
in a school district, community school, or chartered nonpublic 44694
school is not eligible to receive a diploma based on passage of 44695
ninth grade proficiency tests. Each such person who begins ninth 44696
grade prior to the date prescribed by the state board of education 44697
under division (E)(D)(5) of section 3301.0712 of the Revised Code 44698
must pass Ohio graduation tests to meet the assessment 44699
requirements applicable to that person as a condition to receiving 44700
a diploma.44701

        (4) A person who begins ninth grade on or after the date 44702
prescribed by the state board of education under division 44703
(E)(D)(5) of section 3301.0712 of the Revised Code is not eligible 44704
to receive a diploma based on passage of the Ohio graduation 44705
tests. Each such person must attain onmeet the requirements of44706
the entire assessment system prescribed under division (B)(2) of 44707
section 3301.0710 of the Revised Code at least the required 44708
passing composite score, designated under division (C)(1) of 44709
section 3301.0712 of the Revised Code.44710

       (C) This division specifies the curriculum requirement that 44711
shall be completed as a condition toward granting high school 44712
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08 44713
of the Revised Code.44714

       (1) A person who is under twenty-two years of age, or under 44715
thirty years of age for a person enrolled under section 3314.38 of 44716
the Revised Code in a dropout prevention and recovery program 44717
operated by a community school, when the person fulfills the 44718
curriculum requirement for a diploma shall complete the curriculum 44719
required by the school district or school issuing the diploma for 44720
the first year that the person originally enrolled in high school, 44721
except for a person who qualifies for graduation from high school 44722
under either division (D) or (F) of section 3313.603 of the 44723
Revised Code.44724

       (2) Once a person fulfills the curriculum requirement for a 44725
diploma, the person is never required, as a condition of receiving 44726
a diploma, to meet any different curriculum requirements that take 44727
effect pending the person's passage of proficiency tests or 44728
achievement tests or assessments, including changes mandated by 44729
section 3313.603 of the Revised Code, the state board, a school 44730
district board of education, or a governing authority of a 44731
community school or chartered nonpublic school.44732

       Sec. 3313.617. (A) When a person who is at least sixteen 44733
years of age but less than nineteen years of age applies to the 44734
department of education to take the tests of general educational 44735
development, the person shall submit with the application written 44736
approval from the superintendent of the school district in which 44737
the person was last enrolled, or the superintendent's designee, 44738
except that if the person was last enrolled in a community school 44739
established under Chapter 3314. of the Revised Code or a science, 44740
technology, engineering, and mathematics school established under 44741
Chapter 3326. of the Revised Code, the approval shall be from the 44742
principal of the school, or the principal's designee. The 44743
department may require the person also to submit written approval 44744
from the person's parent or guardian or a court official, if the 44745
person is younger than eighteen years of age.44746

       (B) For the purpose of calculating graduation rates for the 44747
school district report cards under section 3302.03 of the Revised 44748
Code, the department shall count any person for whom approval is 44749
obtained from the superintendent or principal, or a designee, 44750
under division (A) of this section as a dropout from the district 44751
in which the person was last enrolled prior to obtaining the 44752
approval.44753

       Sec. 3313.64.  (A) As used in this section and in section 44754
3313.65 of the Revised Code:44755

       (1)(a) Except as provided in division (A)(1)(b) of this 44756
section, "parent" means either parent, unless the parents are 44757
separated or divorced or their marriage has been dissolved or 44758
annulled, in which case "parent" means the parent who is the 44759
residential parent and legal custodian of the child. When a child 44760
is in the legal custody of a government agency or a person other 44761
than the child's natural or adoptive parent, "parent" means the 44762
parent with residual parental rights, privileges, and 44763
responsibilities. When a child is in the permanent custody of a 44764
government agency or a person other than the child's natural or 44765
adoptive parent, "parent" means the parent who was divested of 44766
parental rights and responsibilities for the care of the child and 44767
the right to have the child live with the parent and be the legal 44768
custodian of the child and all residual parental rights, 44769
privileges, and responsibilities.44770

       (b) When a child is the subject of a power of attorney 44771
executed under sections 3109.51 to 3109.62 of the Revised Code, 44772
"parent" means the grandparent designated as attorney in fact 44773
under the power of attorney. When a child is the subject of a 44774
caretaker authorization affidavit executed under sections 3109.64 44775
to 3109.73 of the Revised Code, "parent" means the grandparent 44776
that executed the affidavit.44777

       (2) "Legal custody," "permanent custody," and "residual 44778
parental rights, privileges, and responsibilities" have the same 44779
meanings as in section 2151.011 of the Revised Code.44780

       (3) "School district" or "district" means a city, local, or 44781
exempted village school district and excludes any school operated 44782
in an institution maintained by the department of youth services.44783

       (4) Except as used in division (C)(2) of this section, "home" 44784
means a home, institution, foster home, group home, or other 44785
residential facility in this state that receives and cares for 44786
children, to which any of the following applies:44787

       (a) The home is licensed, certified, or approved for such 44788
purpose by the state or is maintained by the department of youth 44789
services.44790

       (b) The home is operated by a person who is licensed, 44791
certified, or approved by the state to operate the home for such 44792
purpose.44793

       (c) The home accepted the child through a placement by a 44794
person licensed, certified, or approved to place a child in such a 44795
home by the state.44796

       (d) The home is a children's home created under section 44797
5153.21 or 5153.36 of the Revised Code.44798

       (5) "Agency" means all of the following:44799

       (a) A public children services agency;44800

       (b) An organization that holds a certificate issued by the 44801
Ohio department of job and family services in accordance with the 44802
requirements of section 5103.03 of the Revised Code and assumes 44803
temporary or permanent custody of children through commitment, 44804
agreement, or surrender, and places children in family homes for 44805
the purpose of adoption;44806

       (c) Comparable agencies of other states or countries that 44807
have complied with applicable requirements of section 2151.39 of 44808
the Revised Code or as applicable, sections 5103.20 to 5103.22 or 44809
5103.23 to 5103.237 of the Revised Code.44810

       (6) A child is placed for adoption if either of the following 44811
occurs:44812

       (a) An agency to which the child has been permanently 44813
committed or surrendered enters into an agreement with a person 44814
pursuant to section 5103.16 of the Revised Code for the care and 44815
adoption of the child.44816

       (b) The child's natural parent places the child pursuant to 44817
section 5103.16 of the Revised Code with a person who will care 44818
for and adopt the child.44819

       (7) "Preschool child with a disability" has the same meaning 44820
as in section 3323.01 of the Revised Code.44821

       (8) "Child," unless otherwise indicated, includes preschool 44822
children with disabilities.44823

       (9) "Active duty" means active duty pursuant to an executive 44824
order of the president of the United States, an act of the 44825
congress of the United States, or section 5919.29 or 5923.21 of 44826
the Revised Code.44827

       (B) Except as otherwise provided in section 3321.01 of the 44828
Revised Code for admittance to kindergarten and first grade, a 44829
child who is at least five but under twenty-two years of age and 44830
any preschool child with a disability shall be admitted to school 44831
as provided in this division.44832

       (1) A child shall be admitted to the schools of the school 44833
district in which the child's parent resides.44834

       (2) A child who does not reside in the district where the 44835
child's parent resides shall be admitted to the schools of the 44836
district in which the child resides if any of the following 44837
applies:44838

       (a) The child is in the legal or permanent custody of a 44839
government agency or a person other than the child's natural or 44840
adoptive parent.44841

       (b) The child resides in a home.44842

       (c) The child requires special education.44843

       (3) A child who is not entitled under division (B)(2) of this 44844
section to be admitted to the schools of the district where the 44845
child resides and who is residing with a resident of this state 44846
with whom the child has been placed for adoption shall be admitted 44847
to the schools of the district where the child resides unless 44848
either of the following applies:44849

       (a) The placement for adoption has been terminated.44850

       (b) Another school district is required to admit the child 44851
under division (B)(1) of this section.44852

       Division (B) of this section does not prohibit the board of 44853
education of a school district from placing a child with a 44854
disability who resides in the district in a special education 44855
program outside of the district or its schools in compliance with 44856
Chapter 3323. of the Revised Code.44857

       (C) A district shall not charge tuition for children admitted 44858
under division (B)(1) or (3) of this section. If the district 44859
admits a child under division (B)(2) of this section, tuition 44860
shall be paid to the district that admits the child as provided in 44861
divisions (C)(1) to (3) of this section, unless division (C)(4) of 44862
this section applies to the child:44863

       (1) If the child receives special education in accordance 44864
with Chapter 3323. of the Revised Code, the school district of 44865
residence, as defined in section 3323.01 of the Revised Code, 44866
shall pay tuition for the child in accordance with section 44867
3323.091, 3323.13, 3323.14, or 3323.141 of the Revised Code 44868
regardless of who has custody of the child or whether the child 44869
resides in a home.44870

       (2) For a child that does not receive special education in 44871
accordance with Chapter 3323. of the Revised Code, except as 44872
otherwise provided in division (C)(2)(d) of this section, if the 44873
child is in the permanent or legal custody of a government agency 44874
or person other than the child's parent, tuition shall be paid by:44875

       (a) The district in which the child's parent resided at the 44876
time the court removed the child from home or at the time the 44877
court vested legal or permanent custody of the child in the person 44878
or government agency, whichever occurred first;44879

       (b) If the parent's residence at the time the court removed 44880
the child from home or placed the child in the legal or permanent 44881
custody of the person or government agency is unknown, tuition 44882
shall be paid by the district in which the child resided at the 44883
time the child was removed from home or placed in legal or 44884
permanent custody, whichever occurred first;44885

       (c) If a school district cannot be established under division 44886
(C)(2)(a) or (b) of this section, tuition shall be paid by the 44887
district determined as required by section 2151.362 of the Revised 44888
Code by the court at the time it vests custody of the child in the 44889
person or government agency;44890

       (d) If at the time the court removed the child from home or 44891
vested legal or permanent custody of the child in the person or 44892
government agency, whichever occurred first, one parent was in a 44893
residential or correctional facility or a juvenile residential 44894
placement and the other parent, if living and not in such a 44895
facility or placement, was not known to reside in this state, 44896
tuition shall be paid by the district determined under division 44897
(D) of section 3313.65 of the Revised Code as the district 44898
required to pay any tuition while the parent was in such facility 44899
or placement;44900

       (e) If the department of education has determined, pursuant 44901
to division (A)(2) of section 2151.362 of the Revised Code, that a 44902
school district other than the one named in the court's initial 44903
order, or in a prior determination of the department, is 44904
responsible to bear the cost of educating the child, the district 44905
so determined shall be responsible for that cost.44906

       (3) If the child is not in the permanent or legal custody of 44907
a government agency or person other than the child's parent and 44908
the child resides in a home, tuition shall be paid by one of the 44909
following:44910

       (a) The school district in which the child's parent resides;44911

       (b) If the child's parent is not a resident of this state, 44912
the home in which the child resides.44913

       (4) Division (C)(4) of this section applies to any child who 44914
is admitted to a school district under division (B)(2) of this 44915
section, resides in a home that is not a foster home or a home 44916
maintained by the department of youth services, receives 44917
educational services at the home in which the child resides 44918
pursuant to a contract between the home and the school district 44919
providing those services, and does not receive special education.44920

        In the case of a child to which division (C)(4) of this 44921
section applies, the total educational cost to be paid for the 44922
child shall be determined by a formula approved by the department 44923
of education, which formula shall be designed to calculate a per 44924
diem cost for the educational services provided to the child for 44925
each day the child is served and shall reflect the total actual 44926
cost incurred in providing those services. The department shall 44927
certify the total educational cost to be paid for the child to 44928
both the school district providing the educational services and, 44929
if different, the school district that is responsible to pay 44930
tuition for the child. The department shall deduct the certified 44931
amount from the state basic aid funds payable under Chapter 3317. 44932
of the Revised Code to the district responsible to pay tuition and 44933
shall pay that amount to the district providing the educational 44934
services to the child.44935

       (D) Tuition required to be paid under divisions (C)(2) and 44936
(3)(a) of this section shall be computed in accordance with 44937
section 3317.08 of the Revised Code. Tuition required to be paid 44938
under division (C)(3)(b) of this section shall be computed in 44939
accordance with section 3317.081 of the Revised Code. If a home 44940
fails to pay the tuition required by division (C)(3)(b) of this 44941
section, the board of education providing the education may 44942
recover in a civil action the tuition and the expenses incurred in 44943
prosecuting the action, including court costs and reasonable 44944
attorney's fees. If the prosecuting attorney or city director of 44945
law represents the board in such action, costs and reasonable 44946
attorney's fees awarded by the court, based upon the prosecuting 44947
attorney's, director's, or one of their designee's time spent 44948
preparing and presenting the case, shall be deposited in the 44949
county or city general fund.44950

       (E) A board of education may enroll a child free of any 44951
tuition obligation for a period not to exceed sixty days, on the 44952
sworn statement of an adult resident of the district that the 44953
resident has initiated legal proceedings for custody of the child.44954

       (F) In the case of any individual entitled to attend school 44955
under this division, no tuition shall be charged by the school 44956
district of attendance and no other school district shall be 44957
required to pay tuition for the individual's attendance. 44958
Notwithstanding division (B), (C), or (E) of this section:44959

       (1) All persons at least eighteen but under twenty-two years 44960
of age who live apart from their parents, support themselves by 44961
their own labor, and have not successfully completed the high 44962
school curriculum or the individualized education program 44963
developed for the person by the high school pursuant to section 44964
3323.08 of the Revised Code, are entitled to attend school in the 44965
district in which they reside.44966

       (2) Any child under eighteen years of age who is married is 44967
entitled to attend school in the child's district of residence.44968

       (3) A child is entitled to attend school in the district in 44969
which either of the child's parents is employed if the child has a 44970
medical condition that may require emergency medical attention. 44971
The parent of a child entitled to attend school under division 44972
(F)(3) of this section shall submit to the board of education of 44973
the district in which the parent is employed a statement from the 44974
child's physician certifying that the child's medical condition 44975
may require emergency medical attention. The statement shall be 44976
supported by such other evidence as the board may require.44977

       (4) Any child residing with a person other than the child's 44978
parent is entitled, for a period not to exceed twelve months, to 44979
attend school in the district in which that person resides if the 44980
child's parent files an affidavit with the superintendent of the 44981
district in which the person with whom the child is living resides 44982
stating all of the following:44983

       (a) That the parent is serving outside of the state in the 44984
armed services of the United States;44985

       (b) That the parent intends to reside in the district upon 44986
returning to this state;44987

       (c) The name and address of the person with whom the child is 44988
living while the parent is outside the state.44989

       (5) Any child under the age of twenty-two years who, after 44990
the death of a parent, resides in a school district other than the 44991
district in which the child attended school at the time of the 44992
parent's death is entitled to continue to attend school in the 44993
district in which the child attended school at the time of the 44994
parent's death for the remainder of the school year, subject to 44995
approval of that district board.44996

       (6) A child under the age of twenty-two years who resides 44997
with a parent who is having a new house built in a school district 44998
outside the district where the parent is residing is entitled to 44999
attend school for a period of time in the district where the new 45000
house is being built. In order to be entitled to such attendance, 45001
the parent shall provide the district superintendent with the 45002
following:45003

       (a) A sworn statement explaining the situation, revealing the 45004
location of the house being built, and stating the parent's 45005
intention to reside there upon its completion;45006

       (b) A statement from the builder confirming that a new house 45007
is being built for the parent and that the house is at the 45008
location indicated in the parent's statement.45009

       (7) A child under the age of twenty-two years residing with a 45010
parent who has a contract to purchase a house in a school district 45011
outside the district where the parent is residing and who is 45012
waiting upon the date of closing of the mortgage loan for the 45013
purchase of such house is entitled to attend school for a period 45014
of time in the district where the house is being purchased. In 45015
order to be entitled to such attendance, the parent shall provide 45016
the district superintendent with the following:45017

       (a) A sworn statement explaining the situation, revealing the 45018
location of the house being purchased, and stating the parent's 45019
intent to reside there;45020

       (b) A statement from a real estate broker or bank officer 45021
confirming that the parent has a contract to purchase the house, 45022
that the parent is waiting upon the date of closing of the 45023
mortgage loan, and that the house is at the location indicated in 45024
the parent's statement.45025

       The district superintendent shall establish a period of time 45026
not to exceed ninety days during which the child entitled to 45027
attend school under division (F)(6) or (7) of this section may 45028
attend without tuition obligation. A student attending a school 45029
under division (F)(6) or (7) of this section shall be eligible to 45030
participate in interscholastic athletics under the auspices of 45031
that school, provided the board of education of the school 45032
district where the student's parent resides, by a formal action, 45033
releases the student to participate in interscholastic athletics 45034
at the school where the student is attending, and provided the 45035
student receives any authorization required by a public agency or 45036
private organization of which the school district is a member 45037
exercising authority over interscholastic sports.45038

       (8) A child whose parent is a full-time employee of a city, 45039
local, or exempted village school district, or of an educational 45040
service center, may be admitted to the schools of the district 45041
where the child's parent is employed, or in the case of a child 45042
whose parent is employed by an educational service center, in the 45043
district that serves the location where the parent's job is 45044
primarily located, provided the district board of education 45045
establishes such an admission policy by resolution adopted by a 45046
majority of its members. Any such policy shall take effect on the 45047
first day of the school year and the effective date of any 45048
amendment or repeal may not be prior to the first day of the 45049
subsequent school year. The policy shall be uniformly applied to 45050
all such children and shall provide for the admission of any such 45051
child upon request of the parent. No child may be admitted under 45052
this policy after the first day of classes of any school year.45053

       (9) A child who is with the child's parent under the care of 45054
a shelter for victims of domestic violence, as defined in section 45055
3113.33 of the Revised Code, is entitled to attend school free in 45056
the district in which the child is with the child's parent, and no 45057
other school district shall be required to pay tuition for the 45058
child's attendance in that school district.45059

       The enrollment of a child in a school district under this 45060
division shall not be denied due to a delay in the school 45061
district's receipt of any records required under section 3313.672 45062
of the Revised Code or any other records required for enrollment. 45063
Any days of attendance and any credits earned by a child while 45064
enrolled in a school district under this division shall be 45065
transferred to and accepted by any school district in which the 45066
child subsequently enrolls. The state board of education shall 45067
adopt rules to ensure compliance with this division.45068

       (10) Any child under the age of twenty-two years whose parent 45069
has moved out of the school district after the commencement of 45070
classes in the child's senior year of high school is entitled, 45071
subject to the approval of that district board, to attend school 45072
in the district in which the child attended school at the time of 45073
the parental move for the remainder of the school year and for one 45074
additional semester or equivalent term. A district board may also 45075
adopt a policy specifying extenuating circumstances under which a 45076
student may continue to attend school under division (F)(10) of 45077
this section for an additional period of time in order to 45078
successfully complete the high school curriculum for the 45079
individualized education program developed for the student by the 45080
high school pursuant to section 3323.08 of the Revised Code.45081

       (11) As used in this division, "grandparent" means a parent 45082
of a parent of a child. A child under the age of twenty-two years 45083
who is in the custody of the child's parent, resides with a 45084
grandparent, and does not require special education is entitled to 45085
attend the schools of the district in which the child's 45086
grandparent resides, provided that, prior to such attendance in 45087
any school year, the board of education of the school district in 45088
which the child's grandparent resides and the board of education 45089
of the school district in which the child's parent resides enter 45090
into a written agreement specifying that good cause exists for 45091
such attendance, describing the nature of this good cause, and 45092
consenting to such attendance.45093

       In lieu of a consent form signed by a parent, a board of 45094
education may request the grandparent of a child attending school 45095
in the district in which the grandparent resides pursuant to 45096
division (F)(11) of this section to complete any consent form 45097
required by the district, including any authorization required by 45098
sections 3313.712, 3313.713, 3313.716, and 3313.718 of the Revised 45099
Code. Upon request, the grandparent shall complete any consent 45100
form required by the district. A school district shall not incur 45101
any liability solely because of its receipt of a consent form from 45102
a grandparent in lieu of a parent.45103

       Division (F)(11) of this section does not create, and shall 45104
not be construed as creating, a new cause of action or substantive 45105
legal right against a school district, a member of a board of 45106
education, or an employee of a school district. This section does 45107
not affect, and shall not be construed as affecting, any 45108
immunities from defenses to tort liability created or recognized 45109
by Chapter 2744. of the Revised Code for a school district, 45110
member, or employee.45111

       (12) A child under the age of twenty-two years is entitled to 45112
attend school in a school district other than the district in 45113
which the child is entitled to attend school under division (B), 45114
(C), or (E) of this section provided that, prior to such 45115
attendance in any school year, both of the following occur:45116

       (a) The superintendent of the district in which the child is 45117
entitled to attend school under division (B), (C), or (E) of this 45118
section contacts the superintendent of another district for 45119
purposes of this division;45120

       (b) The superintendents of both districts enter into a 45121
written agreement that consents to the attendance and specifies 45122
that the purpose of such attendance is to protect the student's 45123
physical or mental well-being or to deal with other extenuating 45124
circumstances deemed appropriate by the superintendents.45125

       While an agreement is in effect under this division for a 45126
student who is not receiving special education under Chapter 3323. 45127
of the Revised Code and notwithstanding Chapter 3327. of the 45128
Revised Code, the board of education of neither school district 45129
involved in the agreement is required to provide transportation 45130
for the student to and from the school where the student attends.45131

       A student attending a school of a district pursuant to this 45132
division shall be allowed to participate in all student 45133
activities, including interscholastic athletics, at the school 45134
where the student is attending on the same basis as any student 45135
who has always attended the schools of that district while of 45136
compulsory school age.45137

       (13) All school districts shall comply with the 45138
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et 45139
seq., for the education of homeless children. Each city, local, 45140
and exempted village school district shall comply with the 45141
requirements of that act governing the provision of a free, 45142
appropriate public education, including public preschool, to each 45143
homeless child.45144

       When a child loses permanent housing and becomes a homeless 45145
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is 45146
such a homeless person changes temporary living arrangements, the 45147
child's parent or guardian shall have the option of enrolling the 45148
child in either of the following:45149

       (a) The child's school of origin, as defined in 42 U.S.C.A. 45150
11432(g)(3)(C);45151

       (b) The school that is operated by the school district in 45152
which the shelter where the child currently resides is located and 45153
that serves the geographic area in which the shelter is located.45154

       (14) A child under the age of twenty-two years who resides 45155
with a person other than the child's parent is entitled to attend 45156
school in the school district in which that person resides if both 45157
of the following apply:45158

       (a) That person has been appointed, through a military power 45159
of attorney executed under section 574(a) of the "National Defense 45160
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10 45161
U.S.C. 1044b, or through a comparable document necessary to 45162
complete a family care plan, as the parent's agent for the care, 45163
custody, and control of the child while the parent is on active 45164
duty as a member of the national guard or a reserve unit of the 45165
armed forces of the United States or because the parent is a 45166
member of the armed forces of the United States and is on a duty 45167
assignment away from the parent's residence.45168

       (b) The military power of attorney or comparable document 45169
includes at least the authority to enroll the child in school.45170

        The entitlement to attend school in the district in which the 45171
parent's agent under the military power of attorney or comparable 45172
document resides applies until the end of the school year in which 45173
the military power of attorney or comparable document expires.45174

       (G) A board of education, after approving admission, may 45175
waive tuition for students who will temporarily reside in the 45176
district and who are either of the following:45177

       (1) Residents or domiciliaries of a foreign nation who 45178
request admission as foreign exchange students;45179

       (2) Residents or domiciliaries of the United States but not 45180
of Ohio who request admission as participants in an exchange 45181
program operated by a student exchange organization.45182

       (H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04, 45183
3327.04, and 3327.06 of the Revised Code, a child may attend 45184
school or participate in a special education program in a school 45185
district other than in the district where the child is entitled to 45186
attend school under division (B) of this section.45187

       (I)(1) Notwithstanding anything to the contrary in this 45188
section or section 3313.65 of the Revised Code, a child under 45189
twenty-two years of age may attend school in the school district 45190
in which the child, at the end of the first full week of October 45191
of the school year, was entitled to attend school as otherwise 45192
provided under this section or section 3313.65 of the Revised 45193
Code, if at that time the child was enrolled in the schools of the 45194
district but since that time the child or the child's parent has 45195
relocated to a new address located outside of that school district 45196
and within the same county as the child's or parent's address 45197
immediately prior to the relocation. The child may continue to 45198
attend school in the district, and at the school to which the 45199
child was assigned at the end of the first full week of October of 45200
the current school year, for the balance of the school year. 45201
Division (I)(1) of this section applies only if both of the 45202
following conditions are satisfied:45203

       (a) The board of education of the school district in which 45204
the child was entitled to attend school at the end of the first 45205
full week in October and of the district to which the child or 45206
child's parent has relocated each has adopted a policy to enroll 45207
children described in division (I)(1) of this section.45208

       (b) The child's parent provides written notification of the 45209
relocation outside of the school district to the superintendent of 45210
each of the two school districts.45211

       (2) At the beginning of the school year following the school 45212
year in which the child or the child's parent relocated outside of 45213
the school district as described in division (I)(1) of this 45214
section, the child is not entitled to attend school in the school 45215
district under that division.45216

       (3) Any person or entity owing tuition to the school district 45217
on behalf of the child at the end of the first full week in 45218
October, as provided in division (C) of this section, shall 45219
continue to owe such tuition to the district for the child's 45220
attendance under division (I)(1) of this section for the lesser of 45221
the balance of the school year or the balance of the time that the 45222
child attends school in the district under division (I)(1) of this 45223
section.45224

       (4) A pupil who may attend school in the district under 45225
division (I)(1) of this section shall be entitled to 45226
transportation services pursuant to an agreement between the 45227
district and the district in which the child or child's parent has 45228
relocated unless the districts have not entered into such 45229
agreement, in which case the child shall be entitled to 45230
transportation services in the same manner as a pupil attending 45231
school in the district under interdistrict open enrollment as 45232
described in division (H) of section 3313.981 of the Revised Code, 45233
regardless of whether the district has adopted an open enrollment 45234
policy as described in division (B)(1)(b) or (c) of section 45235
3313.98 of the Revised Code.45236

       (J) This division does not apply to a child receiving special 45237
education.45238

       A school district required to pay tuition pursuant to 45239
division (C)(2) or (3) of this section or section 3313.65 of the 45240
Revised Code shall have an amount deducted under division (F)(C)45241
of section 3317.023 of the Revised Code equal to its own tuition 45242
rate for the same period of attendance. A school district entitled 45243
to receive tuition pursuant to division (C)(2) or (3) of this 45244
section or section 3313.65 of the Revised Code shall have an 45245
amount credited under division (F)(C) of section 3317.023 of the 45246
Revised Code equal to its own tuition rate for the same period of 45247
attendance. If the tuition rate credited to the district of 45248
attendance exceeds the rate deducted from the district required to 45249
pay tuition, the department of education shall pay the district of 45250
attendance the difference from amounts deducted from all 45251
districts' payments under division (F)(C) of section 3317.023 of 45252
the Revised Code but not credited to other school districts under 45253
such division and from appropriations made for such purpose. The 45254
treasurer of each school district shall, by the fifteenth day of 45255
January and July, furnish the superintendent of public instruction 45256
a report of the names of each child who attended the district's 45257
schools under divisions (C)(2) and (3) of this section or section 45258
3313.65 of the Revised Code during the preceding six calendar 45259
months, the duration of the attendance of those children, the 45260
school district responsible for tuition on behalf of the child, 45261
and any other information that the superintendent requires.45262

       Upon receipt of the report the superintendent, pursuant to 45263
division (F)(C) of section 3317.023 of the Revised Code, shall 45264
deduct each district's tuition obligations under divisions (C)(2) 45265
and (3) of this section or section 3313.65 of the Revised Code and 45266
pay to the district of attendance that amount plus any amount 45267
required to be paid by the state.45268

       (K) In the event of a disagreement, the superintendent of 45269
public instruction shall determine the school district in which 45270
the parent resides.45271

       (L) Nothing in this section requires or authorizes, or shall 45272
be construed to require or authorize, the admission to a public 45273
school in this state of a pupil who has been permanently excluded 45274
from public school attendance by the superintendent of public 45275
instruction pursuant to sections 3301.121 and 3313.662 of the 45276
Revised Code.45277

       (M) In accordance with division (B)(1) of this section, a 45278
child whose parent is a member of the national guard or a reserve 45279
unit of the armed forces of the United States and is called to 45280
active duty, or a child whose parent is a member of the armed 45281
forces of the United States and is ordered to a temporary duty 45282
assignment outside of the district, may continue to attend school 45283
in the district in which the child's parent lived before being 45284
called to active duty or ordered to a temporary duty assignment 45285
outside of the district, as long as the child's parent continues 45286
to be a resident of that district, and regardless of where the 45287
child lives as a result of the parent's active duty status or 45288
temporary duty assignment. However, the district is not 45289
responsible for providing transportation for the child if the 45290
child lives outside of the district as a result of the parent's 45291
active duty status or temporary duty assignment.45292

       Sec. 3313.6410. This section applies to any school that is 45293
operated by a school district and in which the enrolled students 45294
work primarily on assignments in nonclassroom-based learning 45295
opportunities provided via an internet- or other computer-based 45296
instructional method.45297

        (A) Any school to which this section applies shall withdraw 45298
from the school any student who, for two consecutive school years, 45299
has failed to participate in the spring administration of any 45300
assessment prescribed under section 3301.0710 or 3301.0712 of the 45301
Revised Code for the student's grade level and was not excused 45302
from the assessment pursuant to division (C)(1) or (3) of section 45303
3301.0711 of the Revised Code, regardless of whether a waiver was 45304
granted for the student under division (E) of section 3317.03 of 45305
the Revised Code. The school shall report any such student's data 45306
verification code, as assigned pursuant to section 3301.0714 of 45307
the Revised Code, to the department of education to be added to 45308
the list maintained by the department under section 3314.26 of the 45309
Revised Code.45310

        (B) No school to which this section applies shall receive any 45311
state funds under Chapter 3306. or 3317. of the Revised Code for 45312
any enrolled student whose data verification code appears on the 45313
list maintained by the department under section 3314.26 of the 45314
Revised Code. Notwithstanding any provision of the Revised Code to 45315
the contrary, the parent of any such student shall pay tuition to 45316
the school district that operates the school in an amount equal to 45317
the state funds the district otherwise would receive for that 45318
student, as determined by the department. A school to which this 45319
section applies may withdraw any student for whom the parent does 45320
not pay tuition as required by this division.45321

       Sec. 3313.65.  (A) As used in this section and section 45322
3313.64 of the Revised Code:45323

       (1) A person is "in a residential facility" if the person is 45324
a resident or a resident patient of an institution, home, or other 45325
residential facility that is:45326

       (a) Licensed as a nursing home, residential care facility, or 45327
home for the aging by the director of health under section 3721.02 45328
of the Revised Code;45329

       (b) Licensed as an adult care facility by the director of 45330
mental health under Chapter 3722.sections 5119.70 to 5119.88 of 45331
the Revised Code;45332

       (c) Maintained as a county home or district home by the board 45333
of county commissioners or a joint board of county commissioners 45334
under Chapter 5155. of the Revised Code;45335

       (d) Operated or administered by a board of alcohol, drug 45336
addiction, and mental health services under section 340.03 or 45337
340.06 of the Revised Code, or provides residential care pursuant 45338
to contracts made under section 340.03 or 340.033 of the Revised 45339
Code;45340

       (e) Maintained as a state institution for the mentally ill 45341
under Chapter 5119. of the Revised Code;45342

       (f) Licensed by the department of mental health under section 45343
5119.20 or 5119.22 of the Revised Code;45344

       (g) Licensed as a residential facility by the department of 45345
developmental disabilities under section 5123.19 of the Revised 45346
Code;45347

       (h) Operated by the veteran's administration or another 45348
agency of the United States government;45349

       (i) The Ohio soldiers' and sailors' home.45350

       (2) A person is "in a correctional facility" if any of the 45351
following apply:45352

       (a) The person is an Ohio resident and is:45353

       (i) Imprisoned, as defined in section 1.05 of the Revised 45354
Code;45355

       (ii) Serving a term in a community-based correctional 45356
facility or a district community-based correctional facility;45357

       (iii) Required, as a condition of parole, a post-release 45358
control sanction, a community control sanction, transitional 45359
control, or early release from imprisonment, as a condition of 45360
shock parole or shock probation granted under the law in effect 45361
prior to July 1, 1996, or as a condition of a furlough granted 45362
under the version of section 2967.26 of the Revised Code in effect 45363
prior to March 17, 1998, to reside in a halfway house or other 45364
community residential center licensed under section 2967.14 of the 45365
Revised Code or a similar facility designated by the court of 45366
common pleas that established the condition or by the adult parole 45367
authority.45368

       (b) The person is imprisoned in a state correctional 45369
institution of another state or a federal correctional institution 45370
but was an Ohio resident at the time the sentence was imposed for 45371
the crime for which the person is imprisoned.45372

       (3) A person is "in a juvenile residential placement" if the 45373
person is an Ohio resident who is under twenty-one years of age 45374
and has been removed, by the order of a juvenile court, from the 45375
place the person resided at the time the person became subject to 45376
the court's jurisdiction in the matter that resulted in the 45377
person's removal.45378

       (4) "Community control sanction" has the same meaning as in 45379
section 2929.01 of the Revised Code.45380

       (5) "Post-release control sanction" has the same meaning as 45381
in section 2967.01 of the Revised Code.45382

       (B) If the circumstances described in division (C) of this 45383
section apply, the determination of what school district must 45384
admit a child to its schools and what district, if any, is liable 45385
for tuition shall be made in accordance with this section, rather 45386
than section 3313.64 of the Revised Code.45387

       (C) A child who does not reside in the school district in 45388
which the child's parent resides and for whom a tuition obligation 45389
previously has not been established under division (C)(2) of 45390
section 3313.64 of the Revised Code shall be admitted to the 45391
schools of the district in which the child resides if at least one 45392
of the child's parents is in a residential or correctional 45393
facility or a juvenile residential placement and the other parent, 45394
if living and not in such a facility or placement, is not known to 45395
reside in this state.45396

       (D) Regardless of who has custody or care of the child, 45397
whether the child resides in a home, or whether the child receives 45398
special education, if a district admits a child under division (C) 45399
of this section, tuition shall be paid to that district as 45400
follows:45401

       (1) If the child's parent is in a juvenile residential 45402
placement, by the district in which the child's parent resided at 45403
the time the parent became subject to the jurisdiction of the 45404
juvenile court;45405

       (2) If the child's parent is in a correctional facility, by 45406
the district in which the child's parent resided at the time the 45407
sentence was imposed;45408

       (3) If the child's parent is in a residential facility, by 45409
the district in which the parent resided at the time the parent 45410
was admitted to the residential facility, except that if the 45411
parent was transferred from another residential facility, tuition 45412
shall be paid by the district in which the parent resided at the 45413
time the parent was admitted to the facility from which the parent 45414
first was transferred;45415

       (4) In the event of a disagreement as to which school 45416
district is liable for tuition under division (C)(1), (2), or (3) 45417
of this section, the superintendent of public instruction shall 45418
determine which district shall pay tuition.45419

       (E) If a child covered by division (D) of this section 45420
receives special education in accordance with Chapter 3323. of the 45421
Revised Code, the tuition shall be paid in accordance with section 45422
3323.13 or 3323.14 of the Revised Code. Tuition for children who 45423
do not receive special education shall be paid in accordance with 45424
division (J) of section 3313.64 of the Revised Code.45425

       Sec. 3313.75. (A) The board of education of a city, exempted 45426
village, or local school district may authorize the opening of 45427
schoolhouses for any lawful purposes. This45428

       (B) In accordance with this section and section 3313.77 of 45429
the Revised Code, a district board may rent or lease facilities 45430
under its control to any public or nonpublic institution of higher 45431
education for the institution's use in providing evening and 45432
summer classes.45433

       (C) This section does not authorize a board to rent or lease 45434
a schoolhouse when such rental or lease interferes with the public 45435
schools in such district, or for any purpose other than is 45436
authorized by law.45437

       Sec. 3313.842.  (A) The boards of education or governing 45438
authorities of any two or more school districts or community 45439
schools may enter into an agreement for joint or cooperative 45440
establishment and operation of any educational program including 45441
any class, course, or program that may be included in a school 45442
district's or community school's graded course of study and staff 45443
development programs for teaching and nonteaching school 45444
employees. Each school district or community school that is party 45445
to such an agreement may contribute funds of the district or 45446
school in support of the agreement and for the establishment and 45447
operation of any educational program established under the 45448
agreement. The agreement shall designate one of the districts or 45449
community schools as the district responsible for receiving and 45450
disbursing the funds contributed by the districts that are parties 45451
to the agreement.45452

       (B) Notwithstanding sections 3313.48 and 3313.64 of the 45453
Revised Code, any school district that is party to an agreement 45454
for joint or cooperative establishment and operation of an 45455
educational program may charge fees or tuition for students who 45456
participate in the program and are entitled to attend school in 45457
the district under section 3313.64 or 3313.65 of the Revised Code. 45458
Except as otherwise provided in division (H) of section 3321.01 of 45459
the Revised Code, no community school that is party to the 45460
agreement shall charge fees or tuition for students who 45461
participate in the program and are reported by the school under 45462
division (B)(2) of section 3314.08 of the Revised Code.45463

       Sec. 3313.843.  (A) Notwithstanding division (D) of section 45464
3311.52 of the Revised Code, this section does not apply to either 45465
of the following:45466

       (1) Anyany cooperative education school district;45467

       (2) Any city or exempted village school district with a total 45468
student count of thirteen thousand or more determined pursuant to 45469
section 3317.03 of the Revised Code that has not entered into one 45470
or more agreements pursuant to this section prior to July 1, 1993, 45471
unless the district's total student count did not exceed thirteen 45472
thousand at the time it entered into an initial agreement under 45473
this section.45474

       (B)(1) The board of education of aeach city or, exempted 45475
village, or local school district andwith a student count of 45476
sixteen thousand or less, as defined in section 3301.011 of the 45477
Revised Code, shall enter into an agreement with the governing 45478
board of an educational service center may enter into an 45479
agreement, through adoption of identical resolutions, under which 45480
the educational service center governing board will provide 45481
services to the city or exempted village school district.45482

       (2) The board of education of a city, exempted village, or 45483
local school district with a student count of more than sixteen 45484
thousand may enter into an agreement with the governing board of 45485
an educational service center, under which the educational service 45486
center governing board will provide services to the district.45487

       (3) Services provided under thean agreement entered into 45488
under division (B)(1) or (2) of this section shall be specified in 45489
the agreement, and may include any one or a combination of the 45490
following: supervisory teachers; in-service and continuing 45491
education programs for city or exempted village school district 45492
personnel; curriculum services as provided to the local school 45493
districts under the supervision of the service center governing 45494
board; research and development programs; academic instruction for 45495
which the governing board employs teachers pursuant to section 45496
3319.02 of the Revised Code; and assistance in the provision of 45497
special accommodations and classes for students with disabilities; 45498
or any other services the district board and service center 45499
governing board agree can be better provided by the service center 45500
and are not provided under an agreement entered into under section 45501
3313.845 of the Revised Code. Services included in the agreement 45502
shall be provided to the city or exempted village district in the 45503
same manner they are provided to local school districts under the 45504
governing board's supervision, unless otherwise specified in the 45505
agreement. The city or exempted villagedistrict board of 45506
education shall reimburse the educational service center governing 45507
board pursuant to section 3317.11 of the Revised Code.45508

       (C) If an educational service center received funding under 45509
division (B) of former section 3317.11 or division (F) of section 45510
3317.11 of the Revised Code for an agreement under this section 45511
involving a city school district whose total student count was 45512
less than thirteen thousand, the service center may continue to 45513
receive funding under that division for such an agreement in any 45514
subsequent year if the city district's total student count exceeds 45515
thirteen thousand. However, only the first thirteen thousand 45516
pupils in the formula ADM of such district shall be included in 45517
determining the amount of the per pupil subsidy the service center 45518
shall receive under division (F) of section 3317.11 of the Revised 45519
Code.45520

       (D) Any agreement entered into pursuant to this section shall 45521
be valid only if a copy is filed with the department of education 45522
by the first day of July of the school year for which the 45523
agreement is in effect.45524

       (D)(1) An agreement for services from an educational service 45525
center entered into under this section may be terminated by the 45526
school district board of education, at its option, by notifying 45527
the governing board of the service center by January 1, 2012, or 45528
by the first day of January of any odd-numbered year thereafter, 45529
that the district board intends to terminate the agreement in that 45530
year, and that termination shall be effective on the thirtieth day 45531
of June of that year. The failure of a district board to notify an 45532
educational service center of its intent to terminate an agreement 45533
by the first day of January of an odd-numbered year shall result 45534
in renewal of the existing agreement for the following two school 45535
years.45536

       (2) If the school district that terminates an agreement for 45537
services under division (D)(1) of this section is also subject to 45538
the requirement of division (B)(1) of this section, the district 45539
board shall enter into a new agreement with a different 45540
educational service center so that the new agreement is effective 45541
on the first day of July of that same year.45542

       Sec. 3313.845.  The board of education of a city, exempted 45543
village, or local school district and the governing board of an 45544
educational service center may enter into an agreement, through 45545
adoption of identical resolutions, under which the educational 45546
service center will provide services to the school district. 45547
Services provided under the agreement and the amount to be paid 45548
for such services shall be mutually agreed to by the district 45549
board of education and the service center governing board, and 45550
shall be specified in the agreement. Payment for services 45551
specified in the agreement shall be made pursuant to division (D) 45552
of section 3317.11 of the Revised Code and shall not include any 45553
deduction under division (B), (C), or (F) of that section. Any 45554
agreement entered into pursuant to this section shall be valid 45555
only if a copy is filed with the department of education by the 45556
first day of the school year for which the agreement is in effect.45557

       The authority granted under this section to the boards of 45558
education of city and, exempted village, and local school 45559
districts is in addition to the authority granted to such boards 45560
under section 3313.843 of the Revised Code. No city or exempted 45561
village district that is eligible to receive services from an 45562
educational service center under section 3313.843 of the Revised 45563
Code may receive any of the services described in division (B) of 45564
that section pursuant to an agreement entered into with an 45565
educational service center under this section.45566

       If a local school district enters into an agreement with an 45567
educational service center under this section and the district is 45568
not located within the territory of the service center, the 45569
agreement shall not require the district to receive any 45570
supervisory services described in division (B) of section 3317.11 45571
of the Revised Code from the service center. The supervisory 45572
services described in that section shall be provided to the 45573
district by the educational service center of the territory in 45574
which the district is located.45575

       Sec. 3313.846.  The governing board of an educational service 45576
center may enter into a contract with any political subdivision as 45577
defined in section 2744.01 of the Revised Code, not including 45578
school districts, community schools, or STEM schools contracting 45579
for services under section 3313.843, 3313.844, 3313.845, or 45580
3326.45 of the Revised Code, under which the educational service 45581
center will provide services to the political subdivision. 45582
Services provided under the contract and the amount to be paid for 45583
such services shall be mutually agreed to by the parties and shall 45584
be specified in the contract. The political subdivision shall 45585
directly pay an educational service center for services specified 45586
in the contract. The board of the educational service center shall 45587
file a copy of each contract entered into under this section with 45588
the department of education by the first day the contract is in 45589
effect.45590

       Sec. 3313.88.  (A)(1) Prior to the first day of August of 45591
each school year, the board of education of any school district or 45592
the governing authority of any chartered nonpublic school may 45593
submit to the department of education a plan to require students 45594
to access and complete classroom lessons posted on the district's 45595
or nonpublic school's web portal or web site in order to make up 45596
days in that school year on which it is necessary to close schools 45597
for any of the reasons specified in division (B) of section 45598
3317.01 of the Revised Code in excess of the number of days 45599
permitted under sections 3313.48, 3313.481, and 3317.01 of the 45600
Revised Code. 45601

       Prior to the first day of August of each school year, the 45602
governing authority of any community school established under 45603
Chapter 3314. that is not an internet- or computer-based community 45604
school, as defined in section 3314.02 of the Revised Code, may 45605
submit to the department a plan to require students to access and 45606
complete classroom lessons posted on the school's web portal or 45607
web site in order to make up days or hours in that school year on 45608
which it is necessary to close the school for any of the reasons 45609
specified in division (L)(4) of section 3314.08 of the Revised 45610
Code so that the school is in compliance with the minimum number 45611
of hours required under Chapter 3314. of the Revised Code.45612

        A plan submitted by a school district board or chartered 45613
nonpublic school governing authority shall provide for making up 45614
any number of days, up to a maximum of three days. A plan 45615
submitted by a community school governing authority shall provide 45616
for making up any number of hours, up to a maximum of the 45617
equivalent of three days. Provided the plan meets all requirements 45618
of this section, the department shall permit the board or 45619
governing authority to implement the plan for the applicable 45620
school year.45621

       (2) Each plan submitted under this section by a school 45622
district board of education shall include the written consent of 45623
the teachers' employee representative designated under division 45624
(B) of section 4117.04 of the Revised Code.45625

       (3) Each plan submitted under this section shall provide for 45626
the following:45627

       (a) Not later than the first day of November of the school 45628
year, each classroom teacher shall develop a sufficient number of 45629
lessons for each course taught by the teacher that school year to 45630
cover the number of make-up days or hours specified in the plan. 45631
The teacher shall designate the order in which the lessons are to 45632
be posted on the district's, community school's, or nonpublic 45633
school's web portal or web site in the event of a school closure. 45634
Teachers may be granted up to one professional development day to 45635
create lesson plans for those lessons.45636

       (b) To the extent possible and necessary, a classroom teacher 45637
shall update or replace, based on current instructional progress, 45638
one or more of the lesson plans developed under division (A)(3)(a) 45639
of this section before they are posted on the web portal or web 45640
site under division (A)(3)(c) of this section or distributed under 45641
division (B) of this section.45642

       (c) As soon as practicable after a school closure, a district 45643
or school employee responsible for web portal or web site 45644
operations shall make the designated lessons available to students 45645
on the district's, community school's, or nonpublic school's 45646
portal or site. A lesson shall be posted for each course that was 45647
scheduled to meet on the day or hours of the closure.45648

       (d) Each student enrolled in a course for which a lesson is 45649
posted on the portal or site shall be granted a two-week period 45650
from the date of posting to complete the lesson. The student's 45651
classroom teacher shall grade the lesson in the same manner as 45652
other lessons. The student may receive an incomplete or failing 45653
grade if the lesson is not completed on time.45654

       (e) If a student does not have access to a computer at the 45655
student's residence and the plan does not include blizzard bags 45656
under division (B) of this section, the student shall be permitted 45657
to work on the posted lessons at school after the student's school 45658
reopens. If the lessons were posted prior to the reopening, the 45659
student shall be granted a two-week period from the date of the 45660
reopening, rather than from the date of posting as otherwise 45661
required under division (A)(3)(d) of this section, to complete the 45662
lessons. The district board or community school or nonpublic 45663
school governing authority may provide the student access to a 45664
computer before, during, or after the regularly scheduled school 45665
day or may provide a substantially similar paper lesson in order 45666
to complete the lessons.45667

       (B)(1) In addition to posting classroom lessons online under 45668
division (A) of this section, the board of education of any school 45669
district or governing authority of any community or chartered 45670
nonpublic school may include in the plan distribution of "blizzard 45671
bags," which are paper copies of the lessons posted online.45672

        (2) If a school opts to use blizzard bags, teachers shall 45673
prepare paper copies in conjunction with the lessons to be posted 45674
online and update the paper copies whenever the teacher updates 45675
the online lesson plans.45676

        (3) The board of education of any school district or 45677
governing authority of any community or chartered nonpublic school 45678
that opts to use blizzard bags shall specify in the plan the 45679
method of distribution of blizzard bag lessons, which may include, 45680
but not be limited to, requiring distribution by a specific 45681
deadline or requiring distribution prior to anticipated school 45682
closure as directed by the superintendent of a school district or 45683
the principal, director, chief administrative officer, or the 45684
equivalent, of a school.45685

        (4) Students shall turn in completed lessons in accordance 45686
with division (A)(3)(d) of this section. 45687

       (C)(1) No school district that implements a plan in 45688
accordance with this section shall be considered to have failed to 45689
comply with division (B) of section 3317.01 of the Revised Code 45690
with respect to the number of make-up days specified in the plan.45691

       (2) No community school that implements a plan in accordance 45692
with this section shall be considered to have failed to comply 45693
with the minimum number of hours required under Chapter 3314. of 45694
the Revised Code with respect to the number of make-up hours 45695
specified in the plan.45696

       Sec. 3313.911.  The state board of education may adopt a 45697
resolution assigning a city, exempted village, or local school 45698
district that is not a part of a joint vocational school district 45699
to membership in a joint vocational school district. A copy of the 45700
resolution shall be certified to the board of education of the 45701
joint vocational school district and the board of education of the 45702
district proposed to be assigned. The board of education of the 45703
joint vocational school district shall advertise a copy of the 45704
resolution in a newspaper of general circulation in the district 45705
proposed to be assigned once each week for at least two weeks, or 45706
as provided in section 7.16 of the Revised Code, immediately 45707
following the certification of the resolution to the board. The 45708
assignment shall take effect on the ninety-first day after the 45709
state board adopts the resolution, unless prior to that date 45710
qualified electors residing in the school district proposed for 45711
assignment, equal in number to ten per cent of the qualified 45712
electors of that district voting at the last general election, 45713
file a petition against the assignment.45714

       The petition of referendum shall be filed with the treasurer 45715
of the board of education of the district proposed to be assigned 45716
to the joint vocational school district. The treasurer shall give 45717
the person presenting the petition a receipt showing the time of 45718
day, date, and purpose of the petition. The treasurer shall cause 45719
the board of elections to determine the sufficiency of signatures 45720
on the petition and if the signatures are found to be sufficient, 45721
shall present the petition to the board of education of the 45722
district. The board of education shall promptly certify the 45723
question to the board of elections for the purpose of having the 45724
question placed on the ballot at the next general, primary, or 45725
special election not earlier than sixty days after the date of the 45726
certification.45727

       Only those qualified electors residing in the district 45728
proposed for assignment to the joint vocational school district 45729
are qualified to vote on the question. If a majority of the 45730
electors voting on the question vote against the assignment, it 45731
shall not take place, and the state board of education shall 45732
require the district to contract with the joint vocational school 45733
district or another school district as authorized by section 45734
3313.91 of the Revised Code.45735

       If a majority of the electors voting on the question do not 45736
vote against the assignment, the assignment shall take immediate 45737
effect, and the board of education of the joint vocational school 45738
district shall notify the county auditor of the county in which 45739
the school district becoming a part of the joint vocational school 45740
district is located to have any outstanding levy of the joint 45741
vocational school district spread over the territory of the school 45742
district that has become a part of the joint vocational school 45743
district.45744

       The assignment of a school district to a joint vocational 45745
school district pursuant to this section is subject to any 45746
agreements made between the board of education of the assigned 45747
school district and the board of education of the joint vocational 45748
school district. Such an agreement may include provisions for a 45749
payment by the assigned school district to the joint vocational 45750
school district of an amount to be contributed toward the cost of 45751
the existing facilities of the joint vocational school district.45752

       On the assignment of a school district to a joint vocational 45753
school district pursuant to this section, the joint vocational 45754
school district's board of education shall submit a proposal to 45755
the state board of education to enlarge or reorganize the 45756
membership of the joint vocational school district's board of 45757
education if expansion or reorganization of the board is necessary 45758
in order to comply with section 3311.19 of the Revised Code.45759

       Sec. 3313.975.  As used in this section and in sections 45760
3313.975 to 3313.979 of the Revised Code, "the pilot project 45761
school district" or "the district" means any school district 45762
included in the pilot project scholarship program pursuant to this 45763
section.45764

       (A) The superintendent of public instruction shall establish 45765
a pilot project scholarship program and shall include in such 45766
program any school districts that are or have ever been under 45767
federal court order requiring supervision and operational 45768
management of the district by the state superintendent. The 45769
program shall provide for a number of students residing in any 45770
such district to receive scholarships to attend alternative 45771
schools, and for an equal number of students to receive tutorial 45772
assistance grants while attending public school in any such 45773
district.45774

       (B) The state superintendent shall establish an application 45775
process and deadline for accepting applications from students 45776
residing in the district to participate in the scholarship 45777
program. In the initial year of the program students may only use 45778
a scholarship to attend school in grades kindergarten through 45779
third.45780

       The state superintendent shall award as many scholarships and 45781
tutorial assistance grants as can be funded given the amount 45782
appropriated for the program. In no case, however, shall more than 45783
fifty per cent of all scholarships awarded be used by students who 45784
were enrolled in a nonpublic school during the school year of 45785
application for a scholarship.45786

       (C)(1) The pilot project program shall continue in effect 45787
each year that the general assembly has appropriated sufficient 45788
money to fund scholarships and tutorial assistance grants. In each 45789
year the program continues, no new students may receive 45790
scholarships unless they are enrolled in grades kindergarten to 45791
eighttwelve. However, anyA student who has received a 45792
scholarship the preceding year may continue to receive one until 45793
the student has completed grade ten. Beginning in the 2005-2006 45794
academic year, a student who previously has received a scholarship 45795
may receive a scholarship in grade eleven. Beginning in the 45796
2006-2007 academic year, a student who previously has received a 45797
scholarship may receive a scholarship in grade twelve. 45798

       (2) If the general assembly discontinues the scholarship 45799
program, all students who are attending an alternative school 45800
under the pilot project shall be entitled to continued admittance 45801
to that specific school through all grades that are provided in 45802
such school, under the same conditions as when they were 45803
participating in the pilot project. The state superintendent shall 45804
continue to make scholarship payments in accordance with division 45805
(A) or (B) of section 3313.979 of the Revised Code for students 45806
who remain enrolled in an alternative school under this provision 45807
in any year that funds have been appropriated for this purpose.45808

       If funds are not appropriated, the tuition charged to the 45809
parents of a student who remains enrolled in an alternative school 45810
under this provision shall not be increased beyond the amount 45811
equal to the amount of the scholarship plus any additional amount 45812
charged that student's parent in the most recent year of 45813
attendance as a participant in the pilot project, except that 45814
tuition for all the students enrolled in such school may be 45815
increased by the same percentage.45816

       (D) Notwithstanding sections 124.39, 3307.54, and 3319.17 of 45817
the Revised Code, if the pilot project school district experiences 45818
a decrease in enrollment due to participation in a state-sponsored 45819
scholarship program pursuant to sections 3313.974 to 3313.979 of 45820
the Revised Code, the district board of education may enter into 45821
an agreement with any teacher it employs to provide to that 45822
teacher severance pay or early retirement incentives, or both, if 45823
the teacher agrees to terminate the employment contract with the 45824
district board, provided any collective bargaining agreement in 45825
force pursuant to Chapter 4117. of the Revised Code does not 45826
prohibit such an agreement for termination of a teacher's 45827
employment contract.45828

       Sec. 3313.978.  (A) Annually by the first day of November, 45829
the superintendent of public instruction shall notify the pilot 45830
project school district of the number of initial scholarships that 45831
the state superintendent will be awarding in each of grades 45832
kindergarten through eighttwelve.45833

       The state superintendent shall provide information about the 45834
scholarship program to all students residing in the district, 45835
shall accept applications from any such students until such date 45836
as shall be established by the state superintendent as a deadline 45837
for applications, and shall establish criteria for the selection 45838
of students to receive scholarships from among all those applying 45839
prior to the deadline, which criteria shall give preference to 45840
students from low-income families. For each student selected, the 45841
state superintendent shall also determine whether the student 45842
qualifies for seventy-five or ninety per cent of the scholarship 45843
amount. Students whose family income is at or above two hundred 45844
per cent of the maximum income level established by the state 45845
superintendent for low-income families shall qualify for 45846
seventy-five per cent of the scholarship amount and students whose 45847
family income is below two hundred per cent of that maximum income 45848
level shall qualify for ninety per cent of the scholarship amount. 45849
The state superintendent shall notify students of their selection 45850
prior to the fifteenth day of January and whether they qualify for 45851
seventy-five or ninety per cent of the scholarship amount.45852

       (1) A student receiving a pilot project scholarship may 45853
utilize it at an alternative public school by notifying the 45854
district superintendent, at any time before the beginning of the 45855
school year, of the name of the public school in an adjacent 45856
school district to which the student has been accepted pursuant to 45857
section 3327.06 of the Revised Code.45858

       (2) A student may decide to utilize a pilot project 45859
scholarship at a registered private school in the district if all 45860
of the following conditions are met:45861

       (a) By the fifteenth day of February of the preceding school 45862
year, or at any time prior to the start of the school year, the 45863
parent makes an application on behalf of the student to a 45864
registered private school.45865

       (b) The registered private school notifies the parent and the 45866
state superintendent as follows that the student has been 45867
admitted:45868

       (i) By the fifteenth day of March of the preceding school 45869
year if the student filed an application by the fifteenth day of 45870
February and was admitted by the school pursuant to division (A) 45871
of section 3313.977 of the Revised Code;45872

       (ii) Within one week of the decision to admit the student if 45873
the student is admitted pursuant to division (C) of section 45874
3313.977 of the Revised Code.45875

       (c) The student actually enrolls in the registered private 45876
school to which the student was first admitted or in another 45877
registered private school in the district or in a public school in 45878
an adjacent school district.45879

       (B) The state superintendent shall also award in any school 45880
year tutorial assistance grants to a number of students equal to 45881
the number of students who receive scholarships under division (A) 45882
of this section. Tutorial assistance grants shall be awarded 45883
solely to students who are enrolled in the public schools of the 45884
district in a grade level covered by the pilot project. Tutorial 45885
assistance grants may be used solely to obtain tutorial assistance 45886
from a provider approved pursuant to division (D) of section 45887
3313.976 of the Revised Code.45888

       All students wishing to obtain tutorial assistance grants 45889
shall make application to the state superintendent by the first 45890
day of the school year in which the assistance will be used. The 45891
state superintendent shall award assistance grants in accordance 45892
with criteria the superintendent shall establish. For each student 45893
awarded a grant, the state superintendent shall also determine 45894
whether the student qualifies for seventy-five or ninety per cent 45895
of the grant amount and so notify the student. Students whose 45896
family income is at or above two hundred per cent of the maximum 45897
income level established by the state superintendent for 45898
low-income families shall qualify for seventy-five per cent of the 45899
grant amount and students whose family income is below two hundred 45900
per cent of that maximum income level shall qualify for ninety per 45901
cent of the grant amount.45902

       (C)(1) In the case of basic scholarships for students in 45903
grades kindergarten through eight, the scholarship amount shall 45904
not exceed the lesser of the tuition charges of the alternative 45905
school the scholarship recipient attends or three thousand dollars 45906
before fiscal year 2007 and, three thousand four hundred fifty 45907
dollars in fiscal year 2007 through fiscal year 2011, and four 45908
thousand two hundred fifty dollars in fiscal year 2012 and 45909
thereafter.45910

       In the case of basic scholarships for students in grades nine 45911
through twelve, the scholarship amount shall not exceed the lesser 45912
of the tuition charges of the alternative school the scholarship 45913
recipient attends or two thousand seven hundred dollars before 45914
fiscal year 2007 and, three thousand four hundred fifty dollars in 45915
fiscal year 2007 through fiscal year 2011, and five thousand 45916
dollars in fiscal year 2012 and thereafter.45917

       (2) The state superintendent shall provide for an increase in 45918
the basic scholarship amount in the case of any student who is a 45919
mainstreamed student with a disability and shall further increase 45920
such amount in the case of any separately educated student with a 45921
disability. Such increases shall take into account the 45922
instruction, related services, and transportation costs of 45923
educating such students.45924

       (3) In the case of tutorial assistance grants, the grant 45925
amount shall not exceed the lesser of the provider's actual 45926
charges for such assistance or:45927

       (a) Before fiscal year 2007, a percentage established by the 45928
state superintendent, not to exceed twenty per cent, of the amount 45929
of the pilot project school district's average basic scholarship 45930
amount;45931

       (b) In fiscal year 2007 and thereafter, four hundred dollars.45932

       (4) No scholarship or tutorial assistance grant shall be 45933
awarded unless the state superintendent determines that 45934
twenty-five or ten per cent, as applicable, of the amount 45935
specified for such scholarship or grant pursuant to division 45936
(C)(1), (2), or (3) of this section will be furnished by a 45937
political subdivision, a private nonprofit or for profit entity, 45938
or another person. Only seventy-five or ninety per cent of such 45939
amounts, as applicable, shall be paid from state funds pursuant to 45940
section 3313.979 of the Revised Code.45941

       (D)(1) Annually by the first day of November, the state 45942
superintendent shall estimate the maximum per-pupil scholarship 45943
amounts for the ensuing school year. The state superintendent 45944
shall make this estimate available to the general public at the 45945
offices of the district board of education together with the forms 45946
required by division (D)(2) of this section.45947

       (2) Annually by the fifteenth day of January, the chief 45948
administrator of each registered private school located in the 45949
pilot project district and the principal of each public school in 45950
such district shall complete a parental information form and 45951
forward it to the president of the board of education. The 45952
parental information form shall be prescribed by the department of 45953
education and shall provide information about the grade levels 45954
offered, the numbers of students, tuition amounts, achievement 45955
test results, and any sectarian or other organizational 45956
affiliations.45957

       (E)(1) Only for the purpose of administering the pilot 45958
project scholarship program, the department may request from any 45959
of the following entities the data verification code assigned 45960
under division (D)(2) of section 3301.0714 of the Revised Code to 45961
any student who is seeking a scholarship under the program:45962

        (a) The school district in which the student is entitled to 45963
attend school under section 3313.64 or 3313.65 of the Revised 45964
Code;45965

        (b) If applicable, the community school in which the student 45966
is enrolled;45967

        (c) The independent contractor engaged to create and maintain 45968
data verification codes.45969

        (2) Upon a request by the department under division (E)(1) of 45970
this section for the data verification code of a student seeking a 45971
scholarship or a request by the student's parent for that code, 45972
the school district or community school shall submit that code to 45973
the department or parent in the manner specified by the 45974
department. If the student has not been assigned a code, because 45975
the student will be entering kindergarten during the school year 45976
for which the scholarship is sought, the district shall assign a 45977
code to that student and submit the code to the department or 45978
parent by a date specified by the department. If the district does 45979
not assign a code to the student by the specified date, the 45980
department shall assign a code to the student.45981

       The department annually shall submit to each school district 45982
the name and data verification code of each student residing in 45983
the district who is entering kindergarten, who has been awarded a 45984
scholarship under the program, and for whom the department has 45985
assigned a code under this division.45986

       (3) The department shall not release any data verification 45987
code that it receives under division (E) of this section to any 45988
person except as provided by law.45989

       (F) Any document relative to the pilot project scholarship 45990
program that the department holds in its files that contains both 45991
a student's name or other personally identifiable information and 45992
the student's data verification code shall not be a public record 45993
under section 149.43 of the Revised Code.45994

       (G)(1) The department annually shall compile the scores 45995
attained by scholarship students enrolled in registered private 45996
schools on the assessments administered to the students pursuant 45997
to division (A)(11) of section 3313.976 of the Revised Code. The 45998
scores shall be aggregated as follows:45999

       (a) By school district, which shall include all scholarship 46000
students residing in the pilot project school district who are 46001
enrolled in a registered private school and were required to take 46002
an assessment pursuant to division (A)(11) of section 3313.976 of 46003
the Revised Code;46004

       (b) By registered private school, which shall include all 46005
scholarship students enrolled in that school who were required to 46006
take an assessment pursuant to division (A)(11) of section 46007
3313.976 of the Revised Code.46008

       (2) The department shall disaggregate the student performance 46009
data described in division (G)(1) of this section according to the 46010
following categories:46011

       (a) Age;46012

       (b) Race and ethnicity;46013

       (c) Gender;46014

       (d) Students who have participated in the scholarship program 46015
for three or more years;46016

       (e) Students who have participated in the scholarship program 46017
for more than one year and less than three years;46018

       (f) Students who have participated in the scholarship program 46019
for one year or less;46020

       (g) Economically disadvantaged students.46021

       (3) The department shall post the student performance data 46022
required under divisions (G)(1) and (2) of this section on its web 46023
site and shall include that data in the information about the 46024
scholarship program provided to students under division (A) of 46025
this section. In reporting student performance data under this 46026
division, the department shall not include any data that is 46027
statistically unreliable or that could result in the 46028
identification of individual students. For this purpose, the 46029
department shall not report performance data for any group that 46030
contains less than ten students.46031

       (4) The department shall provide the parent of each 46032
scholarship student enrolled in a registered private school with 46033
information comparing the student's performance on the assessments 46034
administered pursuant to division (A)(11) of section 3313.976 of 46035
the Revised Code with the average performance of similar students 46036
enrolled in the building operated by the pilot project school 46037
district that the scholarship student would otherwise attend. In 46038
calculating the performance of similar students, the department 46039
shall consider age, grade, race and ethnicity, gender, and 46040
socioeconomic status.46041

       Sec. 3313.981.  (A) The state board of education shall adopt 46042
rules requiring all of the following:46043

       (1) The board of education of each city, exempted village, 46044
and local school district to annually report to the department of 46045
education all of the following:46046

       (a) The number of adjacent district or other district 46047
students, as applicable, and adjacent district or other district 46048
joint vocational students, as applicable, enrolled in the district 46049
and the number of native students enrolled in adjacent or other 46050
districts, in accordance with a policy adopted under division (B) 46051
of section 3313.98 of the Revised Code;46052

       (b) Each adjacent district or other district student's or 46053
adjacent district or other district joint vocational student's 46054
date of enrollment in the district;46055

       (c) The full-time equivalent number of adjacent district or 46056
other district students enrolled in vocational education programs 46057
or classes described in division (A) of section 3317.014 of the 46058
Revised Code and the full-time equivalent number of such students 46059
enrolled in vocational education programs or classes described in 46060
division (B) of that section;46061

       (d) Each native student's date of enrollment in an adjacent 46062
or other district.46063

       (2) The board of education of each joint vocational school 46064
district to annually report to the department all of the 46065
following:46066

       (a) The number of adjacent district or other district joint 46067
vocational students, as applicable, enrolled in the district;46068

       (b) The full-time equivalent number of adjacent district or 46069
other district joint vocational students enrolled in vocational 46070
education programs or classes described in division (A) of section 46071
3317.014 of the Revised Code and the full-time equivalent number 46072
of such students enrolled in vocational education programs or 46073
classes described in division (B) of that section;46074

       (c) For each adjacent district or other district joint 46075
vocational student, the city, exempted village, or local school 46076
district in which the student is also enrolled.46077

       (3) Prior to the first full school week in October each year, 46078
the superintendent of each city, local, or exempted village school 46079
district that admits adjacent district or other district students 46080
or adjacent district or other district joint vocational students 46081
in accordance with a policy adopted under division (B) of section 46082
3313.98 of the Revised Code to notify each adjacent or other 46083
district where those students are entitled to attend school under 46084
section 3313.64 or 3313.65 of the Revised Code of the number of 46085
the adjacent or other district's native students who are enrolled 46086
in the superintendent's district under the policy.46087

       The rules shall provide for the method of counting students 46088
who are enrolled for part of a school year in an adjacent or other 46089
district or as an adjacent district or other district joint 46090
vocational student.46091

       (B) From the payments made to a city, exempted village, or 46092
local school district under Chapter 3306.3317. of the Revised 46093
Code and, if necessary, from the payments made to the district 46094
under sections 321.24 and 323.156 of the Revised Code, the 46095
department of education shall annually subtract both of the 46096
following:46097

       (1) An amount equal to the number of the district's native 46098
students reported under division (A)(1) of this section who are 46099
enrolled in adjacent or other school districts pursuant to 46100
policies adopted by such districts under division (B) of section 46101
3313.98 of the Revised Code multiplied by the adjusted formula 46102
amount;46103

       (2) The excess costs computed in accordance with division (E) 46104
of this section for any such native students receiving special 46105
education and related services in adjacent or other school 46106
districts or as an adjacent district or other district joint 46107
vocational student;46108

       (3) For the full-time equivalent number of the district's 46109
native students reported under division (A)(1)(c) or (2)(b) of 46110
this section as enrolled in vocational education programs or 46111
classes described in section 3317.014 of the Revised Code, an 46112
amount equal to the formula amount$5,732 times the applicable 46113
multiple prescribed by that section.46114

       (C) To the payments made to a city, exempted village, or 46115
local school district under Chapter 3306.3317. of the Revised 46116
Code, the department of education shall annually add all of the 46117
following:46118

       (1) An amount equal to the adjusted formula amount multiplied 46119
by the remainder obtained by subtracting the number of adjacent 46120
district or other district joint vocational students from the 46121
number of adjacent district or other district students enrolled in 46122
the district, as reported under division (A)(1) of this section;46123

       (2) The excess costs computed in accordance with division (E) 46124
of this section for any adjacent district or other district 46125
students, except for any adjacent or other district joint 46126
vocational students, receiving special education and related 46127
services in the district;46128

       (3) For the full-time equivalent number of the adjacent or 46129
other district students who are not adjacent district or other 46130
district joint vocational students and are reported under division 46131
(A)(1)(c) of this section as enrolled in vocational education 46132
programs or classes described in section 3317.014 of the Revised 46133
Code, an amount equal to the formula amount$5,732 times the 46134
applicable multiple prescribed by that section;46135

       (4) An amount equal to the number of adjacent district or 46136
other district joint vocational students reported under division 46137
(A)(1) of this section multiplied by an amount equal to twenty per 46138
cent of the adjusted formula amount.46139

       (D) To the payments made to a joint vocational school 46140
district under Chapter 3317. of the Revised Code, the department 46141
of education shall add, for each adjacent district or other 46142
district joint vocational student reported under division (A)(2) 46143
of this section, both of the following:46144

       (1) The adjusted formula amount;46145

       (2) An amount equal to the full-time equivalent number of 46146
students reported pursuant to division (A)(2)(b) of this section 46147
times the formula amount$5,732 times the applicable multiple 46148
prescribed by section 3317.014 of the Revised Code.46149

       (E)(1) A city, exempted village, or local school board 46150
providing special education and related services to an adjacent or 46151
other district student in accordance with an IEP shall, pursuant 46152
to rules of the state board, compute the excess costs to educate 46153
such student as follows:46154

       (a) Subtract the adjusted formula amount from the actual 46155
costs to educate the student;46156

       (b) From the amount computed under division (E)(1)(a) of this 46157
section subtract the amount of any funds received by the district 46158
under Chapter 3306.3317. of the Revised Code to provide special 46159
education and related services to the student.46160

       (2) The board shall report the excess costs computed under 46161
this division to the department of education.46162

       (3) If any student for whom excess costs are computed under 46163
division (E)(1) of this section is an adjacent or other district 46164
joint vocational student, the department of education shall add 46165
the amount of such excess costs to the payments made under Chapter 46166
3306.3317. of the Revised Code to the joint vocational school 46167
district enrolling the student.46168

       (F) As provided in division (D)(1)(b) of section 3317.03 of 46169
the Revised Code, no joint vocational school district shall count 46170
any adjacent or other district joint vocational student enrolled 46171
in the district in its formula ADM certified under section 3317.03 46172
of the Revised Code.46173

       (G) No city, exempted village, or local school district shall 46174
receive a payment under division (C) of this section for a 46175
student, and no joint vocational school district shall receive a 46176
payment under division (D) of this section for a student, if for 46177
the same school year that student is counted in the district's 46178
formula ADM certified under section 3317.03 of the Revised Code.46179

       (H) Upon request of a parent, and provided the board offers 46180
transportation to native students of the same grade level and 46181
distance from school under section 3327.01 of the Revised Code, a 46182
city, exempted village, or local school board enrolling an 46183
adjacent or other district student shall provide transportation 46184
for the student within the boundaries of the board's district, 46185
except that the board shall be required to pick up and drop off a 46186
nonhandicapped student only at a regular school bus stop 46187
designated in accordance with the board's transportation policy. 46188
Pursuant to rules of the state board of education, such board may 46189
reimburse the parent from funds received for pupil transportation46190
under section 3306.123317.0212 of the Revised Code, or other 46191
provisions of law, for the reasonable cost of transportation from 46192
the student's home to the designated school bus stop if the 46193
student's family has an income below the federal poverty line.46194

       Sec. 3314.01.  (A)(1) A board of education may permit all or 46195
part of any of the schools under its control, upon request of a 46196
proposing person or, group of individuals, or entity and provided 46197
the person or, group of individuals, or entity meets the 46198
requirements of this chapter, to become a community school.46199

       (2) Any person or, group of individuals, or entity may 46200
propose the creation of a community school pursuant to the 46201
provisions of this chapter. No nonpublic chartered or nonchartered 46202
school in existence on January 1, 1997, is eligible to become a 46203
community school under this chapter.46204

       (B) A community school created under this chapter is a public 46205
school, independent of any school district, and is part of the 46206
state's program of education. A community school may sue and be 46207
sued, acquire facilities as needed, contract for any services 46208
necessary for the operation of the school, and enter into 46209
contracts with a sponsor pursuant to this chapter. The governing 46210
authority of a community school may carry out any act and ensure 46211
the performance of any function that is in compliance with the 46212
Ohio Constitution, this chapter, other statutes applicable to 46213
community schools, and the contract entered into under this 46214
chapter establishing the school.46215

       Sec. 3314.013.  (A)(1) Until July 1, 2000, no more than 46216
seventy-five contracts between start-up schools and the state 46217
board of education may be in effect outside the pilot project area 46218
at any time under this chapter.46219

       (2) After July 1, 2000, and until July 1, 2001, no more than 46220
one hundred twenty-five contracts between start-up schools and the 46221
state board of education may be in effect outside the pilot 46222
project area at any time under this chapter.46223

       (3) This division applies only to contracts between start-up 46224
schools and the state board of education and contracts between 46225
start-up schools and entities described in divisions (C)(1)(b) to 46226
(f) of section 3314.02 of the Revised Code.46227

       Until July 1, 2005, not more than two hundred twenty-five 46228
contracts to which this division applies may be in effect at any 46229
time under this chapter.46230

       (4) This division applies only to contracts between start-up 46231
schools and entities described in divisions (C)(1)(b) to (f) of 46232
section 3314.02 of the Revised Code.46233

       Except as otherwise provided in section 3314.014 of the 46234
Revised Code, after July 1, 2005, and until July 1, 2007, the 46235
number of contracts to which this division applies in effect at 46236
any time under this chapter shall be not more than thirty plus the 46237
number of such contracts with schools that were open for operation 46238
as of May 1, 2005.46239

       (5) This division applies only to contracts between a 46240
conversion school that is an internet- or computer-based community 46241
school or a start-up school and the board of education of the 46242
school district in which the school is or is proposed to be 46243
located.46244

       Except as otherwise provided in section 3314.014 of the 46245
Revised Code, until July 1, 2007, the number of contracts to which 46246
this division applies in effect at any time under this chapter 46247
shall be not more than thirty plus the number of such contracts 46248
with schools that were open for operation as of May 1, 2005.46249

       (6) Until the effective date of any standards enacted by the 46250
general assembly governing the operation of internet- or 46251
computer-based community schools, no internet- or computer-based 46252
community school shall operate unless the school was open for 46253
instruction as of May 1, 2005. No entity described in division 46254
(C)(1) of section 3314.02 of the Revised Code shall enter into a 46255
contract to sponsor an internet- or computer-based community 46256
school, including a conversion school, between May 1, 2005, and 46257
the effective date of any standards enacted by the general 46258
assembly governing the operation of internet- or computer-based 46259
community schools, except as follows:46260

       (a) Any(1) The entity described in division (C)(1) of that 46261
section may renew a contract that the entity entered into with an 46262
internet- or computer-based community school prior to May 1, 2005, 46263
if the school was open for operation as of that date.46264

       (b) Any(2) The entity described in divisions (C)(1)(a) to 46265
(e) of that section may assume sponsorship of an existing 46266
internet- or computer-based community school that was formerly 46267
sponsored by another entity and may enter into a contract with 46268
that community school in accordance with section 3314.03 of the 46269
Revised Code.46270

       (c) Any entity described in division (C)(1)(f) of that 46271
section may assume sponsorship of an existing internet- or 46272
computer-based community school in accordance with division (A)(7) 46273
of this section and may enter into a contract with that community 46274
school in accordance with section 3314.03 of the Revised Code.46275

       If a sponsor entered into a contract with an internet- or 46276
computer-based community school, including a conversion school, 46277
but the school was not open for operation as of May 1, 2005, the 46278
contract shall be void and the entity shall not enter into another 46279
contract with the school until the effective date of any standards 46280
enacted by the general assembly governing the operation of 46281
internet- or computer-based community schools.46282

       (7) Until July 1, 2005, any entity described in division 46283
(C)(1)(f) of section 3314.02 of the Revised Code may sponsor only 46284
a community school that formerly was sponsored by the state board 46285
of education under division (C)(1)(d) of that section, as it 46286
existed prior to April 8, 2003. After July 1, 2005, any such 46287
entity may assume sponsorship of any existing community school, 46288
and may sponsor any new community school that is not an internet- 46289
or computer-based community school. Beginning on the effective 46290
date of any standards enacted by the general assembly governing 46291
the operation of internet- or computer-based community schools, 46292
any such entity may sponsor a new internet- or computer-based 46293
community school.46294

       (8)(B) Nothing in division (A) of this section prohibits aan 46295
internet- or computer-based community school from increasing the 46296
number of grade levels it offers.46297

       (B) Within twenty-four hours of a request by any person, the 46298
superintendent of public instruction shall indicate the number of 46299
preliminary agreements for start-up schools currently outstanding 46300
and the number of contracts for these schools in effect at the 46301
time of the request.46302

       (C) It is the intent of the general assembly to consider 46303
whether to provide limitations on the number of start-up community 46304
schools after July 1, 2001, following its examination of the 46305
results of the studies by the legislative office of education 46306
oversight required under Section 50.39 of Am. Sub. H.B. No. 215 of 46307
the 122nd general assembly and Section 50.52.2 of Am. Sub. H.B. 46308
No. 215 of the 122nd general assembly, as amended by Am. Sub. H.B. 46309
No. 770 of the 122nd general assemblyNot later than July 1, 2013, 46310
the superintendent of public instruction, the chancellor of the 46311
Ohio board of regents, and the director of the governor's office 46312
of 21st century education jointly shall develop standards for the 46313
operation of internet- and computer-based community schools. The 46314
superintendent shall submit those standards to the speaker of the 46315
house of representatives and the president of the senate for 46316
consideration of enactment by the general assembly.46317

       Sec. 3314.015.  (A) The department of education shall be 46318
responsible for the oversight of any and all sponsors of the 46319
community schools established under this chapter and shall provide 46320
technical assistance to schools and sponsors in their compliance 46321
with applicable laws and the terms of the contracts entered into 46322
under section 3314.03 of the Revised Code and in the development 46323
and start-up activities of those schools. In carrying out its 46324
duties under this section, the department shall do all of the 46325
following:46326

        (1) In providing technical assistance to proposing parties, 46327
governing authorities, and sponsors, conduct training sessions and 46328
distribute informational materials;46329

       (2) Approve entities to be sponsors of community schools; 46330

       (3) Monitor the effectiveness of any and all sponsors in 46331
their oversight of the schools with which they have contracted;46332

        (4) By December thirty-first of each year, issue a report to 46333
the governor, the speaker of the house of representatives, the 46334
president of the senate, and the chairpersons of the house and 46335
senate committees principally responsible for education matters 46336
regarding the effectiveness of academic programs, operations, and 46337
legal compliance and of the financial condition of all community 46338
schools established under this chapter and on the performance of 46339
community school sponsors;46340

        (5) From time to time, make legislative recommendations to 46341
the general assembly designed to enhance the operation and 46342
performance of community schools.46343

        (B)(1) Except as provided in sections 3314.021 and 3314.027 46344
of the Revised Code, no entity listed in division (C)(1) of 46345
section 3314.02 of the Revised Code shall enter into a preliminary 46346
agreement under division (C)(2) of section 3314.02 of the Revised 46347
Code until it has received approval from the department of 46348
education to sponsor community schools under this chapter and has 46349
entered into a written agreement with the department regarding the 46350
manner in which the entity will conduct such sponsorship. The 46351
department shall adopt in accordance with Chapter 119. of the 46352
Revised Code rules containing criteria, procedures, and deadlines 46353
for processing applications for such approval, for oversight of 46354
sponsors, for revocation of the approval of sponsors, and for 46355
entering into written agreements with sponsors. The rules shall 46356
require an entity to submit evidence of the entity's ability and 46357
willingness to comply with the provisions of division (D) of 46358
section 3314.03 of the Revised Code. The rules also shall require 46359
entities approved as sponsors on and after June 30, 2005, to 46360
demonstrate a record of financial responsibility and successful 46361
implementation of educational programs. If an entity seeking 46362
approval on or after June 30, 2005, to sponsor community schools 46363
in this state sponsors or operates schools in another state, at 46364
least one of the schools sponsored or operated by the entity must 46365
be comparable to or better than the performance of Ohio schools in 46366
need of continuous improvement under section 3302.03 of the 46367
Revised Code, as determined by the department.46368

       AnSubject to section 3314.016 of the Revised Code, an entity 46369
that sponsors community schools may enter into preliminary 46370
agreements and sponsor up to one hundred schools as follows, 46371
provided each school and the contract for sponsorship meets the 46372
requirements of this chapter:46373

       (a) An entity that sponsored fifty or fewer schools that were 46374
open for operation as of May 1, 2005, may sponsor not more than 46375
fifty schools.46376

       (b) An entity that sponsored more than fifty but not more 46377
than seventy-five schools that were open for operation as of May 46378
1, 2005, may sponsor not more than the number of schools the 46379
entity sponsored that were open for operation as of May 1, 2005.46380

       (c) Until June 30, 2006, an entity that sponsored more than 46381
seventy-five schools that were open for operation as of May 1, 46382
2005, may sponsor not more than the number of schools the entity 46383
sponsored that were open for operation as of May 1, 2005. After 46384
June 30, 2006, such an entity may sponsor not more than 46385
seventy-five schools.46386

        Upon approval of an entity to be a sponsor under this 46387
division, the department shall notify the entity of the number of 46388
schools the entity may sponsor.46389

       The limit imposed on an entity to which division (B)(1) of 46390
this section applies shall be decreased by one for each school 46391
sponsored by the entity that permanently closes.46392

       If at any time an entity exceeds the number of schools it may 46393
sponsor under this division, the department shall assist the 46394
schools in excess of the entity's limit in securing new sponsors. 46395
If a school is unable to secure a new sponsor, the department 46396
shall assume sponsorship of the school in accordance with division 46397
(C) of this section. Those schools for which another sponsor or 46398
the department assumes sponsorship shall be the schools that most 46399
recently entered into contracts with the entity under section 46400
3314.03 of the Revised Code.46401

       (2) The department of education shall determine, pursuant to 46402
criteria adopted by rule of the department, whether the mission 46403
proposed to be specified in the contract of a community school to 46404
be sponsored by a state university board of trustees or the 46405
board's designee under division (C)(1)(e) of section 3314.02 of 46406
the Revised Code complies with the requirements of that division. 46407
Such determination of the department is final.46408

       (3) The department of education shall determine, pursuant to 46409
criteria adopted by rule of the department, if any tax-exempt 46410
entity under section 501(c)(3) of the Internal Revenue Code that 46411
is proposed to be a sponsor of a community school is an 46412
education-oriented entity for purpose of satisfying the condition 46413
prescribed in division (C)(1)(f)(iii) of section 3314.02 of the 46414
Revised Code. Such determination of the department is final.46415

       (C) If at any time the state board of education finds that a 46416
sponsor is not in compliance or is no longer willing to comply 46417
with its contract with any community school or with the 46418
department's rules for sponsorship, the state board or designee 46419
shall conduct a hearing in accordance with Chapter 119. of the 46420
Revised Code on that matter. If after the hearing, the state board 46421
or designee has confirmed the original finding, the department of 46422
education may revoke the sponsor's approval to sponsor community 46423
schools and may assume the sponsorship of any schools with which 46424
the sponsor has contracted until the earlier of the expiration of 46425
two school years or until a new sponsor as described in division 46426
(C)(1) of section 3314.02 of the Revised Code is secured by the 46427
school's governing authority. The department may extend the term 46428
of the contract in the case of a school for which it has assumed 46429
sponsorship under this division as necessary to accommodate the 46430
term of the department's authorization to sponsor the school 46431
specified in this division.46432

       (D) The decision of the department to disapprove an entity 46433
for sponsorship of a community school or to revoke approval for 46434
such sponsorship under division (C) of this section, may be 46435
appealed by the entity in accordance with section 119.12 of the 46436
Revised Code.46437

       (E) The department shall adopt procedures for use by a 46438
community school governing authority and sponsor when the school 46439
permanently closes and ceases operation, which shall include at 46440
least procedures for data reporting to the department, handling of 46441
student records, distribution of assets in accordance with section 46442
3314.074 of the Revised Code, and other matters related to ceasing 46443
operation of the school.46444

       (F) In carrying out its duties under this chapter, the 46445
department shall not impose requirements on community schools or 46446
their sponsors that are not permitted by law or duly adopted 46447
rules.46448

       Sec. 3314.016. This section applies to any entity that 46449
sponsors a community school, regardless of whether section 46450
3314.021 or 3314.027 of the Revised Code exempts the entity from 46451
the requirement to be approved for sponsorship under divisions 46452
(A)(2) and (B)(1) of section 3314.015 of the Revised Code.46453

       (A) An entity that sponsors a community school on the 46454
effective date of this section shall be permitted to enter into 46455
contracts under section 3314.03 of the Revised Code to sponsor 46456
additional community schools only if the entity meets both of the 46457
following criteria:46458

       (1) The entity is in compliance with all provisions of this 46459
chapter requiring sponsors of community schools to report data or 46460
information to the department.46461

       (2) The entity is not ranked in the lowest ten per cent of 46462
community school sponsors on the ranking prescribed by division 46463
(B) of this section.46464

       (B) For purposes of this section, the department shall 46465
develop a composite performance index score, as defined in section 46466
3302.01 of the Revised Code, that measures the academic 46467
performance of students enrolled in all community schools 46468
sponsored by the same entity. The department annually shall rank 46469
all entities that sponsor community schools from highest to lowest 46470
according to the entities' composite performance index scores.46471

       Sec. 3314.02.  (A) As used in this chapter:46472

       (1) "Sponsor" means an entity listed in division (C)(1) of 46473
this section, which has been approved by the department of 46474
education to sponsor community schools and with which the 46475
governing authority of the proposed community school enters into a 46476
contract pursuant to this section.46477

       (2) "Pilot project area" means the school districts included 46478
in the territory of the former community school pilot project 46479
established by former Section 50.52 of Am. Sub. H.B. No. 215 of 46480
the 122nd general assembly.46481

       (3) "Challenged school district" means any of the following:46482

       (a) A school district that is part of the pilot project area;46483

       (b) A school district that is either in a state of academic 46484
emergency or in a state of academic watch under section 3302.03 of 46485
the Revised Code;46486

       (c) A big eight school district.46487

       (4) "Big eight school district" means a school district that 46488
for fiscal year 1997 had both of the following:46489

       (a) A percentage of children residing in the district and 46490
participating in the predecessor of Ohio works first greater than 46491
thirty per cent, as reported pursuant to section 3317.10 of the 46492
Revised Code;46493

       (b) An average daily membership greater than twelve thousand, 46494
as reported pursuant to former division (A) of section 3317.03 of 46495
the Revised Code.46496

       (5) "New start-up school" means a community school other than 46497
one created by converting all or part of an existing public school 46498
or educational service center building, as designated in the 46499
school's contract pursuant to division (A)(17) of section 3314.03 46500
of the Revised Code.46501

       (6) "Urban school district" means one of the state's 46502
twenty-one urban school districts as defined in division (O) of 46503
section 3317.02 of the Revised Code as that section existed prior 46504
to July 1, 1998.46505

       (7) "Internet- or computer-based community school" means a 46506
community school established under this chapter in which the 46507
enrolled students work primarily from their residences on 46508
assignments in nonclassroom-based learning opportunities provided 46509
via an internet- or other computer-based instructional method that 46510
does not rely on regular classroom instruction or via 46511
comprehensive instructional methods that include internet-based, 46512
other computer-based, and noncomputer-based learning 46513
opportunities.46514

       (8) "Operator" means either of the following:46515

        (a) An individual or organization that manages the daily 46516
operations of a community school pursuant to a contract between 46517
the operator and the school's governing authority;46518

        (b) An individual or organization that provides programmatic 46519
oversight and support to a community school under a contract with 46520
the school's governing authority and that retains the right to 46521
terminate affiliation with the school if the school fails to meet 46522
the individual's or organization's quality standards.46523

       (B) Any person or group of individuals may initially propose 46524
under this division the conversion of all or a portion of a public 46525
school or a building operated by an educational service center to 46526
a community school. The proposal shall be made to the board of 46527
education of the city, local, exempted village, or joint 46528
vocational school district in which the public school is proposed 46529
to be converted or, in the case of the conversion of a building 46530
operated by an educational service center, to the governing board 46531
of the service center. Upon receipt of a proposal, a board may 46532
enter into a preliminary agreement with the person or group 46533
proposing the conversion of the public school or service center 46534
building, indicating the intention of the board to support the 46535
conversion to a community school. A proposing person or group that 46536
has a preliminary agreement under this division may proceed to 46537
finalize plans for the school, establish a governing authority for 46538
the school, and negotiate a contract with the board. Provided the 46539
proposing person or group adheres to the preliminary agreement and 46540
all provisions of this chapter, the board shall negotiate in good 46541
faith to enter into a contract in accordance with section 3314.03 46542
of the Revised Code and division (C) of this section.46543

       (C)(1) Any person or group of individuals may propose under 46544
this division the establishment of a new start-up school to be 46545
located in a challenged school district. The proposal may be made 46546
to any of the following entities:46547

       (a) The board of education of the district in which the 46548
school is proposed to be located;46549

       (b) The board of education of any joint vocational school 46550
district with territory in the county in which is located the 46551
majority of the territory of the district in which the school is 46552
proposed to be located;46553

       (c) The board of education of any other city, local, or 46554
exempted village school district having territory in the same 46555
county where the district in which the school is proposed to be 46556
located has the major portion of its territory;46557

       (d) The governing board of any educational service center, as 46558
long as the proposed school will be located in a county within the 46559
territory of the service center or in a county contiguous to such 46560
county;46561

        (e) A sponsoring authority designated by the board of 46562
trustees of any of the thirteen state universities listed in 46563
section 3345.011 of the Revised Code or the board of trustees 46564
itself as long as a mission of the proposed school to be specified 46565
in the contract under division (A)(2) of section 3314.03 of the 46566
Revised Code and as approved by the department of education under 46567
division (B)(2) of section 3314.015 of the Revised Code will be 46568
the practical demonstration of teaching methods, educational 46569
technology, or other teaching practices that are included in the 46570
curriculum of the university's teacher preparation program 46571
approved by the state board of education;46572

        (f) Any qualified tax-exempt entity under section 501(c)(3) 46573
of the Internal Revenue Code as long as all of the following 46574
conditions are satisfied:46575

        (i) The entity has been in operation for at least five years 46576
prior to applying to be a community school sponsor.46577

        (ii) The entity has assets of at least five hundred thousand 46578
dollars and a demonstrated record of financial responsibility.46579

        (iii) The department of education has determined that the 46580
entity is an education-oriented entity under division (B)(3) of 46581
section 3314.015 of the Revised Code and the entity has a 46582
demonstrated record of successful implementation of educational 46583
programs.46584

       (iv) The entity is not a community school.46585

        Any entity described in division (C)(1) of this section may 46586
enter into a preliminary agreement pursuant to division (C)(2) of 46587
this section with the proposing person or group.46588

       (2) A preliminary agreement indicates the intention of an 46589
entity described in division (C)(1) of this section to sponsor the 46590
community school. A proposing person or group that has such a 46591
preliminary agreement may proceed to finalize plans for the 46592
school, establish a governing authority as described in division 46593
(E) of this section for the school, and negotiate a contract with 46594
the entity. Provided the proposing person or group adheres to the 46595
preliminary agreement and all provisions of this chapter, the 46596
entity shall negotiate in good faith to enter into a contract in 46597
accordance with section 3314.03 of the Revised Code.46598

       (3) A new start-up school that is established in a school 46599
district while that district is either in a state of academic 46600
emergency or in a state of academic watch under section 3302.03 of 46601
the Revised Code may continue in existence once the school 46602
district is no longer in a state of academic emergency or academic 46603
watch, provided there is a valid contract between the school and a 46604
sponsor.46605

       (4) A copy of every preliminary agreement entered into under 46606
this division shall be filed with the superintendent of public 46607
instruction.46608

       (D) A majority vote of the board of a sponsoring entity and a 46609
majority vote of the members of the governing authority of a 46610
community school shall be required to adopt a contract and convert 46611
the public school or educational service center building to a 46612
community school or establish the new start-up school. Beginning 46613
September 29, 2005, adoption of the contract shall occur not later 46614
than the fifteenth day of March, and signing of the contract shall 46615
occur not later than the fifteenth day of May, prior to the school 46616
year in which the school will open. The governing authority shall 46617
notify the department of education when the contract has been 46618
signed. Subject to sectionssection 3314.013, 3314.014, 3314.016, 46619
and 3314.017 of the Revised Code, an unlimited number of community 46620
schools may be established in any school district provided that a 46621
contract is entered into for each community school pursuant to 46622
this chapter.46623

       (E)(1) As used in this division, "immediate relatives" are 46624
limited to spouses, children, parents, grandparents, siblings, and 46625
in-laws.46626

        Each new start-up community school established under this 46627
chapter shall be under the direction of a governing authority 46628
which shall consist of a board of directors, a board of managers, 46629
or a board of trustees, as appropriate under division (A)(1) of 46630
section 3314.03 of the Revised Code, of not less than five 46631
individuals.46632

        No person shall serve on the governing authority or operate 46633
the community school under contract with the governing authority 46634
so long as the person owes the state any money or is in a dispute 46635
over whether the person owes the state any money concerning the 46636
operation of a community school that has closed.46637

       (2) No person shall serve on the governing authorities of 46638
more than two start-up community schools at the same time.46639

       (3) No present or former member, or immediate relative of a 46640
present or former member, of the governing authority of any 46641
community school established under this chapter shall be an owner, 46642
employee, or consultant of any nonprofitsponsor or for-profit46643
operator of a community school, unless at least one year has 46644
elapsed since the conclusion of the person's membership.46645

       (4) No person shall be appointed to serve on a governing 46646
authority for a term of more than three years.46647

       (5) The governing authority of a start-up community school 46648
may provide by resolution for the compensation of its members. 46649
However, no individual who serves on the governing authority of a 46650
start-up community school shall be compensated more than a total 46651
amount of five thousand dollars per year for all governing 46652
authorities upon which the individual serves.46653

        (6) No person shall be deemed to have acquired a vested right 46654
in a position as a member of a governing authority.46655

       (F)(1) A new start-up school that is established prior to 46656
August 15, 2003, in an urban school district that is not also a 46657
big-eight school district may continue to operate after that date 46658
and the contract between the school's governing authority and the 46659
school's sponsor may be renewed, as provided under this chapter, 46660
after that date, but no additional new start-up schools may be 46661
established in such a district unless the district is a challenged 46662
school district as defined in this section as it exists on and 46663
after that date.46664

       (2) A community school that was established prior to June 29, 46665
1999, and is located in a county contiguous to the pilot project 46666
area and in a school district that is not a challenged school 46667
district may continue to operate after that date, provided the 46668
school complies with all provisions of this chapter. The contract 46669
between the school's governing authority and the school's sponsor 46670
may be renewed, but no additional start-up community school may be 46671
established in that district unless the district is a challenged 46672
school district.46673

       (3) Any educational service center that, on June 30, 2007, 46674
sponsors a community school that is not located in a county within 46675
the territory of the service center or in a county contiguous to 46676
such county may continue to sponsor that community school on and 46677
after June 30, 2007, and may renew its contract with the school. 46678
However, the educational service center shall not enter into a 46679
contract with any additional community school unless the school is 46680
located in a county within the territory of the service center or 46681
in a county contiguous to such county.46682

       (G) No entity described in division (B) or (C) of this 46683
section shall refuse to enter into a preliminary agreement under 46684
those divisions, or to enter into a contract under section 3314.03 46685
of the Revised Code, for the sponsorship of a community school 46686
based solely on the type of school that is proposed to be 46687
established, the composition of the members of the public benefit 46688
corporation that will comprise the school, or the involvement of 46689
any for-profit entity as a member of that public benefit 46690
corporation.46691

       Sec. 3314.021. (A) This section applies to any entity that is 46692
exempt from taxation under section 501(c)(3) of the Internal 46693
Revenue Code and that satisfies the conditions specified in 46694
divisions (C)(1)(f)(ii) and (iii) of section 3314.02 of the 46695
Revised Code but does not satisfy the condition specified in 46696
division (C)(1)(f)(i) of that section.46697

       (B) Notwithstanding division (C)(1)(f)(i) of section 3314.02 46698
of the Revised Code, an entity described in division (A) of this 46699
section may do both of the following without obtaining the 46700
department of education's initial approval of its sponsorship 46701
under divisions (A)(2) and (B)(1) of section 3314.015 of the 46702
Revised Code:46703

       (1) Succeed the board of trustees of a state university 46704
located in the pilot project area or that board's designee as the 46705
sponsor of a community school established under this chapter;46706

       (2) Continue to sponsor that school in conformance with the 46707
terms of the contract between the board of trustees or its 46708
designee and the governing authority of the community school and 46709
renew that contract as provided in division (E) of section 3314.03 46710
of the Revised Code.46711

       (C) The entity that succeeds the board of trustees or the 46712
board's designee as sponsor of a community school under division 46713
(B) of this section also may enter into contracts to sponsor other 46714
community schools located in any challenged school district, 46715
without obtaining the department's initial approval of its 46716
sponsorship of those schools under divisions (A)(2) and (B)(1) of 46717
section 3314.015 of the Revised Code, and not subject to the 46718
restriction of division (A)(7) of section 3314.013 of the Revised 46719
Code, as long as the contracts conform with and the entity 46720
complies with all other requirements of this chapter.46721

       (D) Regardless of the entity's authority to sponsor community 46722
schools without the initial approval of the department, the entity 46723
is under the continuing oversight of the department in accordance 46724
with rules adopted under section 3314.015 of the Revised Code.46725

       Sec. 3314.026.  If the governing authority of a community 46726
school intends to terminate its contract with the school's 46727
operator prior to expiration or intends not to renew that contract 46728
upon expiration, the governing authority shall notify the operator 46729
of that intent not less than one hundred eighty days prior to the 46730
expiration of the contract. Any failure to give such notice 46731
constitutes the governing authority's irrevocable agreement to 46732
continue the contract as then in effect for one additional school 46733
year. The operator may appeal the contract termination or 46734
nonrenewal to the school's sponsor, if the sponsor has sponsored 46735
the school for at least twelve months, or to the state board of 46736
education, if the sponsor has sponsored the school for less than 46737
twelve months. Upon appeal, the sponsor or state board shall 46738
determine whether the operator should continue to manage the 46739
school. In making its determination, the sponsor or state board 46740
shall consider whether the operator has managed the school in 46741
compliance with all applicable laws and terms of the contract 46742
between the sponsor and the governing authority entered into under 46743
section 3314.03 of the Revised Code and whether the school's 46744
progress in meeting the academic goals prescribed in that contract 46745
has been satisfactory. The sponsor or state board shall notify the 46746
governing authority and operator of its determination. If the 46747
sponsor or state board determines that the operator should 46748
continue to manage the school, the sponsor shall remove the 46749
existing governing authority and the operator shall appoint a new 46750
governing authority for the school. Thecontract between the 46751
governing authority and the operator shall continue until terms of 46752
office of all members of the governing board in office prior to 46753
the determination have expired and those members have been 46754
replaced with individuals recommended by the operator. An operator 46755
may reappoint a member to the governing authority. Once all the 46756
terms of the members in office prior to the determination have 46757
expired, the new governing authority shall assume responsibility 46758
for the school immediately and shall exercise all functions 46759
assigned to it by the Revised Code or rule in the same manner as 46760
any other community school governing authority.46761

       Sec. 3314.029.  (A)(1) Notwithstanding anything to the 46762
contrary in this chapter, but subject to division (A) of section 46763
3314.013 of the Revised Code, any person, group of individuals, or 46764
entity may apply to the department of education for direct 46765
authorization to establish a community school and, upon approval 46766
of the application, may establish and operate the school without a 46767
sponsor. Notwithstanding anything to the contrary in this chapter, 46768
the governing authority of an existing community school, upon the 46769
expiration or termination of its contract with the school's 46770
sponsor entered into under section 3314.03 of the Revised Code, 46771
may apply to the department for direct authorization to continue 46772
operating the school and, upon approval of the application, may 46773
continue to operate the school without a sponsor. Each application 46774
submitted to the department shall include both of the following:46775

       (a) Evidence that the applicant will be able to comply with 46776
division (C) of this section;46777

       (b) A statement indicating that the applicant agrees to 46778
comply with all applicable provisions of this chapter.46779

       (2) The department shall approve each application submitted 46780
under division (A)(1) of this section, unless, within thirty days 46781
after receipt of the application, the department determines that 46782
the application does not satisfy the requirements of that division 46783
and provides the applicant a written explanation of the reasons 46784
for the determination. In that case, the department shall grant 46785
the applicant thirty days to correct the insufficiencies in the 46786
application. If the department determines that the insufficiencies 46787
have been corrected, it shall approve the application. If the 46788
department determines that the insufficiencies have not been 46789
corrected, it shall deny the application and provide the applicant 46790
with a written explanation of the reasons for the denial. The 46791
denial of an application may be appealed in accordance with 46792
section 119.12 of the Revised Code.46793

       (3) An unlimited number of applications may be submitted and 46794
approved under division (A) of this section.46795

       (B) The department and the governing authority of each 46796
community school authorized under this section shall enter into a 46797
contract under section 3314.03 of the Revised Code, except that 46798
the contract shall not be required to specify the provisions of 46799
divisions (A)(4), (5), (16), (18), (20), (23), and (24) of that 46800
section. Notwithstanding division (A)(13) of that section, the 46801
contract may begin at any time during the academic year and the 46802
length of the initial contract may be for any term up to fifteen 46803
years. The contract may be renewed in accordance with division (E) 46804
of that section. The contract shall not provide for the school's 46805
governing authority to make any payments to the department.46806

       (C) A community school authorized under this section shall 46807
post and file with the superintendent of public instruction a bond 46808
payable to the state in the amount of one million dollars or file 46809
with the state superintendent a guarantee in the amount of one 46810
million dollars issued by an entity with a certified net worth of 46811
at least five million dollars. The bond or guarantee shall be used 46812
to pay the state any moneys owed by the community school in the 46813
event the school closes.46814

       (D) A community school sponsored by an entity described in 46815
division (C)(1) of section 3314.02 of the Revised Code may merge 46816
with a community school authorized under this section. In that 46817
case, on the effective date of the merger, the contract between 46818
the governing authority of the sponsored community school and the 46819
school's sponsor shall be terminated and that community school 46820
shall be covered by the contract between the department and the 46821
governing authority of the community school with which it merges 46822
under this division.46823

       (E) Except as otherwise provided in this section, a community 46824
school authorized under this section shall comply with all 46825
applicable provisions of this chapter. The department may take any 46826
action that a sponsor may take under this chapter to enforce the 46827
school's compliance with this division and the terms of the 46828
contract entered into under division (B) of this section.46829

       Sec. 3314.03.  A copy of every contract entered into under 46830
this section shall be filed with the superintendent of public 46831
instruction.46832

       (A) Each contract entered into between a sponsor and the 46833
governing authority of a community school shall specify the 46834
following:46835

       (1) That the school shall be established as eitherany of the 46836
following:46837

       (a) A nonprofit corporation established under Chapter 1702. 46838
of the Revised Code, if established prior to April 8, 2003;46839

       (b) A public benefit corporation established under Chapter 46840
1702. of the Revised Code, if established after April 8, 2003;46841

       (c) A for-profit corporation formed under Chapter 1701. of 46842
the Revised Code or a limited liability corporation formed under 46843
Chapter 1705. of the Revised Code.46844

       (2) The education program of the school, including the 46845
school's mission, the characteristics of the students the school 46846
is expected to attract, the ages and grades of students, and the 46847
focus of the curriculum;46848

       (3) The academic goals to be achieved and the method of 46849
measurement that will be used to determine progress toward those 46850
goals, which shall include the statewide achievement assessments;46851

       (4) Performance standards by which the success of the school 46852
will be evaluated by the sponsor;46853

       (5) The admission standards of section 3314.06 of the Revised 46854
Code and, if applicable, section 3314.061 of the Revised Code;46855

       (6)(a) Dismissal procedures;46856

       (b) A requirement that the governing authority adopt an 46857
attendance policy that includes a procedure for automatically 46858
withdrawing a student from the school if the student without a 46859
legitimate excuse fails to participate in one hundred five 46860
consecutive hours of the learning opportunities offered to the 46861
student.46862

       (7) The ways by which the school will achieve racial and 46863
ethnic balance reflective of the community it serves;46864

       (8) Requirements for financial audits by the auditor of 46865
state. The contract shall require financial records of the school 46866
to be maintained in the same manner as are financial records of 46867
school districts, pursuant to rules of the auditor of state. 46868
Audits shall be conducted in accordance with section 117.10 of the 46869
Revised Code.46870

       (9) The facilities to be used and their locations;46871

       (10) Qualifications of teachers, including the following:46872

       (a) A requirement that the school's classroom teachers be 46873
licensed in accordance with sections 3319.22 to 3319.31 of the 46874
Revised Code, except that a community school may engage 46875
noncertificated persons to teach up to twelve hours per week 46876
pursuant to section 3319.301 of the Revised Code;46877

       (b) A requirement that each classroom teacher initially hired 46878
by the school on or after July 1, 2013, and employed to provide 46879
instruction in physical education hold a valid license issued 46880
pursuant to section 3319.22 of the Revised Code for teaching 46881
physical education.46882

       (11) That the school will comply with the following 46883
requirements:46884

       (a) The school will provide learning opportunities to a 46885
minimum of twenty-five students for a minimum of nine hundred 46886
twenty hours per school year.46887

       (b) The governing authority will purchase liability 46888
insurance, or otherwise provide for the potential liability of the 46889
school.46890

       (c) The school will be nonsectarian in its programs, 46891
admission policies, employment practices, and all other 46892
operations, and will not be operated by a sectarian school or 46893
religious institution.46894

       (d) The school will comply with sections 9.90, 9.91, 109.65, 46895
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711, 46896
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608, 46897
3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643, 3313.648, 46898
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67, 46899
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 46900
3313.718, 3313.719, 3313.80, 3313.814, 3313.816, 3314.81746901
3313.817, 3313.86, 3313.96, 3317.141, 3319.073, 3319.08, 3319.111, 46902
3319.17, 3319.321, 3319.39, 3319.391, 3319.41, 3321.01, 3321.041, 46903
3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 46904
4111.17, 4113.52, and 5705.391 and Chapters 117., 1347., 2744., 46905
3365., 3742., 4112., 4123., 4141., and 4167. of the Revised Code 46906
as if it were a school district and will comply with section 46907
3301.0714 of the Revised Code in the manner specified in section 46908
3314.17 of the Revised Code.46909

       (e) The school shall comply with Chapter 102. and section 46910
2921.42 of the Revised Code.46911

       (f) The school will comply with sections 3313.61, 3313.611, 46912
and 3313.614 of the Revised Code, except that for students who 46913
enter ninth grade for the first time before July 1, 2010, the 46914
requirement in sections 3313.61 and 3313.611 of the Revised Code 46915
that a person must successfully complete the curriculum in any 46916
high school prior to receiving a high school diploma may be met by 46917
completing the curriculum adopted by the governing authority of 46918
the community school rather than the curriculum specified in Title 46919
XXXIII of the Revised Code or any rules of the state board of 46920
education. Beginning with students who enter ninth grade for the 46921
first time on or after July 1, 2010, the requirement in sections 46922
3313.61 and 3313.611 of the Revised Code that a person must 46923
successfully complete the curriculum of a high school prior to 46924
receiving a high school diploma shall be met by completing the 46925
Ohio core curriculum prescribed in division (C) of section 46926
3313.603 of the Revised Code, unless the person qualifies under 46927
division (D) or (F) of that section. Each school shall comply with 46928
the plan for awarding high school credit based on demonstration of 46929
subject area competency, adopted by the state board of education 46930
under division (J) of section 3313.603 of the Revised Code.46931

       (g) The school governing authority will submit within four 46932
months after the end of each school year a report of its 46933
activities and progress in meeting the goals and standards of 46934
divisions (A)(3) and (4) of this section and its financial status 46935
to the sponsor and the parents of all students enrolled in the 46936
school.46937

       (h) The school, unless it is an internet- or computer-based 46938
community school, will comply with sections 3313.6743313.671 and 46939
3313.801 of the Revised Code as if it were a school district.46940

       (12) Arrangements for providing health and other benefits to 46941
employees;46942

       (13) The length of the contract, which shall begin at the 46943
beginning of an academic year. No contract shall exceed five years 46944
unless such contract has been renewed pursuant to division (E) of 46945
this section.46946

       (14) The governing authority of the school, which shall be 46947
responsible for carrying out the provisions of the contract;46948

       (15) A financial plan detailing an estimated school budget 46949
for each year of the period of the contract and specifying the 46950
total estimated per pupil expenditure amount for each such year. 46951
The plan shall specify for each year the base formula amount that 46952
will be used for purposes of funding calculations under section 46953
3314.08 of the Revised Code. This base formula amount for any year 46954
shall not exceed the formula amount defined under section 3317.02 46955
of the Revised Code. The plan may also specify for any year a 46956
percentage figure to be used for reducing the per pupil amount of 46957
the subsidy calculated pursuant to section 3317.029 of the Revised 46958
Code the school is to receive that year under section 3314.08 of 46959
the Revised Code.46960

       (16) Requirements and procedures regarding the disposition of 46961
employees of the school in the event the contract is terminated or 46962
not renewed pursuant to section 3314.07 of the Revised Code;46963

       (17) Whether the school is to be created by converting all or 46964
part of an existing public school or educational service center 46965
building or is to be a new start-up school, and if it is a 46966
converted public school or service center building, specification 46967
of any duties or responsibilities of an employer that the board of 46968
education or service center governing board that operated the 46969
school or building before conversion is delegating to the 46970
governing authority of the community school with respect to all or 46971
any specified group of employees provided the delegation is not 46972
prohibited by a collective bargaining agreement applicable to such 46973
employees;46974

       (18) Provisions establishing procedures for resolving 46975
disputes or differences of opinion between the sponsor and the 46976
governing authority of the community school;46977

       (19) A provision requiring the governing authority to adopt a 46978
policy regarding the admission of students who reside outside the 46979
district in which the school is located. That policy shall comply 46980
with the admissions procedures specified in sections 3314.06 and 46981
3314.061 of the Revised Code and, at the sole discretion of the 46982
authority, shall do one of the following:46983

       (a) Prohibit the enrollment of students who reside outside 46984
the district in which the school is located;46985

       (b) Permit the enrollment of students who reside in districts 46986
adjacent to the district in which the school is located;46987

       (c) Permit the enrollment of students who reside in any other 46988
district in the state.46989

       (20) A provision recognizing the authority of the department 46990
of education to take over the sponsorship of the school in 46991
accordance with the provisions of division (C) of section 3314.015 46992
of the Revised Code;46993

       (21) A provision recognizing the sponsor's authority to 46994
assume the operation of a school under the conditions specified in 46995
division (B) of section 3314.073 of the Revised Code;46996

        (22) A provision recognizing both of the following:46997

       (a) The authority of public health and safety officials to 46998
inspect the facilities of the school and to order the facilities 46999
closed if those officials find that the facilities are not in 47000
compliance with health and safety laws and regulations;47001

       (b) The authority of the department of education as the 47002
community school oversight body to suspend the operation of the 47003
school under section 3314.072 of the Revised Code if the 47004
department has evidence of conditions or violations of law at the 47005
school that pose an imminent danger to the health and safety of 47006
the school's students and employees and the sponsor refuses to 47007
take such action;47008

        (23) A description of the learning opportunities that will be 47009
offered to students including both classroom-based and 47010
non-classroom-based learning opportunities that is in compliance 47011
with criteria for student participation established by the 47012
department under division (L)(2) of section 3314.08 of the Revised 47013
Code;47014

       (24) The school will comply with sections 3302.04 and 47015
3302.041 of the Revised Code, except that any action required to 47016
be taken by a school district pursuant to those sections shall be 47017
taken by the sponsor of the school. However, the sponsor shall not 47018
be required to take any action described in division (F) of 47019
section 3302.04 of the Revised Code.47020

       (25) Beginning in the 2006-2007 school year, the school will 47021
open for operation not later than the thirtieth day of September 47022
each school year, unless the mission of the school as specified 47023
under division (A)(2) of this section is solely to serve dropouts. 47024
In its initial year of operation, if the school fails to open by 47025
the thirtieth day of September, or within one year after the 47026
adoption of the contract pursuant to division (D) of section 47027
3314.02 of the Revised Code if the mission of the school is solely 47028
to serve dropouts, the contract shall be void.47029

       (B) The community school shall also submit to the sponsor a 47030
comprehensive plan for the school. The plan shall specify the 47031
following:47032

       (1) The process by which the governing authority of the 47033
school will be selected in the future;47034

       (2) The management and administration of the school;47035

       (3) If the community school is a currently existing public 47036
school or educational service center building, alternative 47037
arrangements for current public school students who choose not to 47038
attend the converted school and for teachers who choose not to 47039
teach in the school or building after conversion;47040

       (4) The instructional program and educational philosophy of 47041
the school;47042

       (5) Internal financial controls.47043

       (C) A contract entered into under section 3314.02 of the 47044
Revised Code between a sponsor and the governing authority of a 47045
community school may provide for the community school governing 47046
authority to make payments to the sponsor, which is hereby 47047
authorized to receive such payments as set forth in the contract 47048
between the governing authority and the sponsor. The total amount 47049
of such payments for oversight and monitoring of the school shall 47050
not exceed three per cent of the total amount of payments for 47051
operating expenses that the school receives from the state.47052

       (D) The contract shall specify the duties of the sponsor 47053
which shall be in accordance with the written agreement entered 47054
into with the department of education under division (B) of 47055
section 3314.015 of the Revised Code and shall include the 47056
following:47057

        (1) Monitor the community school's compliance with all laws 47058
applicable to the school and with the terms of the contract;47059

        (2) Monitor and evaluate the academic and fiscal performance 47060
and the organization and operation of the community school on at 47061
least an annual basis;47062

        (3) Report on an annual basis the results of the evaluation 47063
conducted under division (D)(2) of this section to the department 47064
of education and to the parents of students enrolled in the 47065
community school;47066

        (4) Provide technical assistance to the community school in 47067
complying with laws applicable to the school and terms of the 47068
contract;47069

        (5) Take steps to intervene in the school's operation to 47070
correct problems in the school's overall performance, declare the 47071
school to be on probationary status pursuant to section 3314.073 47072
of the Revised Code, suspend the operation of the school pursuant 47073
to section 3314.072 of the Revised Code, or terminate the contract 47074
of the school pursuant to section 3314.07 of the Revised Code as 47075
determined necessary by the sponsor;47076

        (6) Have in place a plan of action to be undertaken in the 47077
event the community school experiences financial difficulties or 47078
closes prior to the end of a school year.47079

        (E) Upon the expiration of a contract entered into under this 47080
section, the sponsor of a community school may, with the approval 47081
of the governing authority of the school and any operator of the 47082
school, renew that contract for a period of time determined by the 47083
sponsor, but not ending earlier than the end of any school year, 47084
if the sponsor finds that the school's compliance with applicable 47085
laws and terms of the contract and the school's progress in 47086
meeting the academic goals prescribed in the contract have been 47087
satisfactory. Any contract that is renewed under this division 47088
remains subject to the provisions of sections 3314.07, 3314.072, 47089
and 3314.073 of the Revised Code.47090

       (F) If a community school fails to open for operation within 47091
one year after the contract entered into under this section is 47092
adopted pursuant to division (D) of section 3314.02 of the Revised 47093
Code or permanently closes prior to the expiration of the 47094
contract, the contract shall be void and the school shall not 47095
enter into a contract with any other sponsor. A school shall not 47096
be considered permanently closed because the operations of the 47097
school have been suspended pursuant to section 3314.072 of the 47098
Revised Code. Any contract that becomes void under this division 47099
shall not count toward any statewide limit on the number of such 47100
contracts prescribed by section 3314.013 of the Revised Code.47101

       Sec. 3314.04.  Except as otherwise specified in this chapter 47102
and in the contract between a community school and a sponsor47103
entered into under section 3314.08 of the Revised Code, such 47104
school is exempt from all state laws and rules pertaining to 47105
schools, school districts, and boards of education, except those 47106
laws and rules that grant certain rights to parents. No community 47107
school shall be required to comply with any education laws or 47108
rules or other requirements that are not specified in this chapter 47109
or in the contract entered into under section 3314.03 of the 47110
Revised Code that otherwise would not apply to a chartered 47111
nonpublic school.47112

       Sec. 3314.05.  (A) The contract between the community school 47113
and the sponsor shall specify the facilities to be used for the 47114
community school and the method of acquisition. Except as provided 47115
in divisiondivisions (B)(3) and (4) of this section, no community 47116
school shall be established in more than one school district under 47117
the same contract.47118

        (B) Division (B) of this section shall not apply to internet- 47119
or computer-based community schools.47120

       (1) A community school may be located in multiple facilities 47121
under the same contract only if the limitations on availability of 47122
space prohibit serving all the grade levels specified in the 47123
contract in a single facility or division (B)(2) or, (3), or (4)47124
of this section applies to the school. The school shall not offer 47125
the same grade level classrooms in more than one facility.47126

       (2) A community school may be located in multiple facilities 47127
under the same contract and, notwithstanding division (B)(1) of 47128
this section, may assign students in the same grade level to 47129
multiple facilities, as long as all of the following apply:47130

       (a) The governing authority of the community school filed a 47131
copy of its contract with the school's sponsor under section 47132
3314.03 of the Revised Code with the superintendent of public 47133
instruction on or before May 15, 2008.47134

       (b) The school was not open for operation prior to July 1, 47135
2008.47136

       (c) The governing authority has entered into and maintains a 47137
contract with an operator of the type described in division 47138
(A)(2)(8)(b) of section 3314.0143314.02 of the Revised Code.47139

       (d) The contract with that operator qualified the school to 47140
be established pursuant to division (A) of former section 3314.016 47141
of the Revised Code.47142

       (e) The school's rating under section 3302.03 of the Revised 47143
Code does not fall below "in need of continuous improvement" for 47144
two or more consecutive years.47145

       (3) A new start-up community school may be established in two 47146
school districts under the same contract if all of the following 47147
apply:47148

       (a) At least one of the school districts in which the school 47149
is established is a challenged school district;47150

       (b) The school operates not more than one facility in each 47151
school district and, in accordance with division (B)(1) of this 47152
section, the school does not offer the same grade level classrooms 47153
in both facilities; and47154

       (c) Transportation between the two facilities does not 47155
require more than thirty minutes of direct travel time as measured 47156
by school bus.47157

       In the case of a community school to which division (B)(3) of 47158
this section applies, if only one of the school districts in which 47159
the school is established is a challenged school district, that 47160
district shall be considered the school's primary location and the 47161
district in which the school is located for the purposes of 47162
division (A)(19) of section 3314.03 and divisions (C) and (H) of 47163
section 3314.06 of the Revised Code and for all other purposes of 47164
this chapter. If both of the school districts in which the school 47165
is established are challenged school districts, the school's 47166
governing authority shall designate one of those districts to be 47167
considered the school's primary location and the district in which 47168
the school is located for the purposes of those divisions and all 47169
other purposes of this chapter and shall notify the department of 47170
education of that designation.47171

       (4) A community school may be located in multiple facilities 47172
under the same contract and, notwithstanding division (B)(1) of 47173
this section, may assign students in the same grade level to 47174
multiple facilities, as long as both of the following apply:47175

       (a) The facilities are all located in the same county.47176

       (b) The governing authority has entered into and maintains a 47177
contract with an operator.47178

       In the case of a community school to which division (B)(4) of 47179
this section applies and that maintains facilities in more than 47180
one school district, the school's governing authority shall 47181
designate one of those districts to be considered the school's 47182
primary location and the district in which the school is located 47183
for the purposes of division (A)(19) of section 3314.03 and 47184
divisions (C) and (H) of section 3314.06 of the Revised Code and 47185
for all other purposes of this chapter and shall notify the 47186
department of that designation.47187

       (5) Any facility used for a community school shall meet all 47188
health and safety standards established by law for school 47189
buildings.47190

       (C) In the case where a community school is proposed to be 47191
located in a facility owned by a school district or educational 47192
service center, the facility may not be used for such community 47193
school unless the district or service center board owning the 47194
facility enters into an agreement for the community school to 47195
utilize the facility. Use of the facility may be under any terms 47196
and conditions agreed to by the district or service center board 47197
and the school.47198

       (D) In the case of a community school that is located in 47199
multiple facilities, the department shall assign a separate 47200
internal retrieval number to the school and to each facility 47201
maintained by the school.47202

       (E) Two or more separate community schools may be located in 47203
the same facility.47204

       Sec. 3314.06.  The governing authority of each community 47205
school established under this chapter shall adopt admission 47206
procedures that specify the following:47207

       (A) That except as otherwise provided in this section, 47208
admission to the school shall be open to any individual age five 47209
to twenty-two entitled to attend school pursuant to section 47210
3313.64 or 3313.65 of the Revised Code in a school district in the 47211
state, and, in the case of a community school operating a dropout 47212
prevention and recovery program granted a waiver under section 47213
3314.36 of the Revised Code, to any individual who is between 47214
twenty-two and thirty years of age, pursuant to section 3314.38 of 47215
the Revised Code.47216

       (B)(1) That admission to the school may be limited to 47217
students who have attained a specific grade level or are within a 47218
specific age group; to students that meet a definition of 47219
"at-risk," as defined in the contract; to residents of a specific 47220
geographic area within the district, as defined in the contract; 47221
or to separate groups of autistic students and nondisabled 47222
students, as authorized in section 3314.061 of the Revised Code 47223
and as defined in the contract.47224

       (2) For purposes of division (B)(1) of this section, 47225
"at-risk" students may include those students identified as gifted 47226
students under section 3324.03 of the Revised Code.47227

       (C) Whether enrollment is limited to students who reside in 47228
the district in which the school is located or is open to 47229
residents of other districts, as provided in the policy adopted 47230
pursuant to the contract.47231

       (D)(1) That there will be no discrimination in the admission 47232
of students to the school on the basis of race, creed, color, 47233
disability, or sex except that:47234

       (a) The governing authority may establish single-gender 47235
schools for the purpose described in division (G) of this section 47236
provided comparable facilities and learning opportunities are 47237
offered for both boys and girls. Such comparable facilities and 47238
opportunities may be offered for each sex at separate locations.47239

       (b) The governing authority may establish a school that 47240
simultaneously serves a group of students identified as autistic 47241
and a group of students who are not disabled, as authorized in 47242
section 3314.061 of the Revised Code. However, unless the total 47243
capacity established for the school has been filled, no student 47244
with any disability shall be denied admission on the basis of that 47245
disability.47246

       (2) That upon admission of any student with a disability, the 47247
community school will comply with all federal and state laws 47248
regarding the education of students with disabilities.47249

       (E) That the school may not limit admission to students on 47250
the basis of intellectual ability, measures of achievement or 47251
aptitude, or athletic ability, except that a school may limit its 47252
enrollment to students as described in division (B) of this 47253
section.47254

       (F) That the community school will admit the number of 47255
students that does not exceed the capacity of the school's 47256
programs, classes, grade levels, or facilities.47257

       (G) That the purpose of single-gender schools that are 47258
established shall be to take advantage of the academic benefits 47259
some students realize from single-gender instruction and 47260
facilities and to offer students and parents residing in the 47261
district the option of a single-gender education.47262

       (H) That, except as otherwise provided under division (B) of 47263
this section or section 3314.061 of the Revised Code, if the 47264
number of applicants exceeds the capacity restrictions of division 47265
(F) of this section, students shall be admitted by lot from all 47266
those submitting applications, except preference shall be given to 47267
students attending the school the previous year and to students 47268
who reside in the district in which the school is located. 47269
Preference may be given to siblings of students attending the 47270
school the previous year.47271

       Notwithstanding divisions (A) to (H) of this section, in the 47272
event the racial composition of the enrollment of the community 47273
school is violative of a federal desegregation order, the 47274
community school shall take any and all corrective measures to 47275
comply with the desegregation order.47276

       Sec. 3314.07.  (A) The expiration of the contract for a 47277
community school between a sponsor and a school shall be the date 47278
provided in the contract. A successor contract may be entered into 47279
pursuant to division (E) of section 3314.03 of the Revised Code 47280
unless the contract is terminated or not renewed pursuant to this 47281
section.47282

       (B)(1) A sponsor may choose not to renew a contract at its 47283
expiration or may choose to terminate a contract prior to its 47284
expiration for any of the following reasons:47285

       (a) Failure to meet student performance requirements stated 47286
in the contract;47287

       (b) Failure to meet generally accepted standards of fiscal 47288
management;47289

       (c) Violation of any provision of the contract or applicable 47290
state or federal law;47291

       (d) Other good cause.47292

       (2) A sponsor may choose to terminate a contract prior to its 47293
expiration if the sponsor has suspended the operation of the 47294
contract under section 3314.072 of the Revised Code.47295

       (3) At least ninetyone hundred eighty days prior to the 47296
termination or nonrenewal of a contract, the sponsor shall notify 47297
the school of the proposed action in writing. The notice shall 47298
include the reasons for the proposed action in detail, the 47299
effective date of the termination or nonrenewal, and a statement 47300
that the school may, within fourteen days of receiving the notice, 47301
request an informal hearing before the sponsor. Such request must 47302
be in writing. The informal hearing shall be held within seventy 47303
days of the receipt of a request for the hearing. Promptly 47304
following the informal hearing, the sponsor shall issue a written 47305
decision either affirming or rescinding the decision to terminate 47306
or not renew the contract.47307

       (4) A decision by the sponsor to terminate a contract may be 47308
appealed to the state board of education. The decision by the 47309
state board pertaining to an appeal under this division is final. 47310
If the sponsor is the state board, its decision to terminate a 47311
contract under division (B)(3) of this section shall be final.47312

       (5) The termination of a contract under this section shall be 47313
effective upon the occurrence of the later of the following 47314
events:47315

       (a) Ninety days following the date the sponsor notifies the 47316
school of its decision to terminate the contract as prescribed in 47317
division (B)(3) of this section;47318

       (b) If an informal hearing is requested under division (B)(3) 47319
of this section and as a result of that hearing the sponsor 47320
affirms its decision to terminate the contract, the effective date 47321
of the termination specified in the notice issued under division 47322
(B)(3) of this section, or if that decision is appealed to the 47323
state board under division (B)(4) of this section and the state 47324
board affirms that decision, the date established in the 47325
resolution of the state board affirming the sponsor's decision.47326

       (6) Any community school whose contract is terminated under 47327
this division shall not enter into a contract with any other 47328
sponsor.47329

       (C) A child attending a community school whose contract has 47330
been terminated, nonrenewed, or suspended or that closes for any 47331
reason shall be admitted to the schools of the district in which 47332
the child is entitled to attend under section 3313.64 or 3313.65 47333
of the Revised Code. Any deadlines established for the purpose of 47334
admitting students under section 3313.97 or 3313.98 of the Revised 47335
Code shall be waived for students to whom this division pertains.47336

       (D) If a community school does not intend to renew a contract 47337
with its sponsor, the community school shall notify its sponsor in 47338
writing of that fact at least one hundred eighty days prior to the 47339
expiration of the contract. Such a community school may enter into 47340
a contract with a new sponsor in accordance with section 3314.03 47341
of the Revised Code upon the expiration of the previous contract.47342

       (E) A sponsor of a community school and the officers, 47343
directors, or employees of such a sponsor are not liable in 47344
damages in a tort or other civil action for harm allegedly arising 47345
from either of the following:47346

       (1) A failure of the community school or any of its officers, 47347
directors, or employees to perform any statutory or common law 47348
duty or responsibility or any other legal obligation;47349

       (2) An action or omission of the community school or any of 47350
its officers, directors, or employees that results in harm.47351

       (F) As used in this section:47352

       (1) "Harm" means injury, death, or loss to person or 47353
property.47354

       (2) "Tort action" means a civil action for damages for 47355
injury, death, or loss to person or property other than a civil 47356
action for damages for a breach of contract or another agreement 47357
between persons.47358

       Sec. 3314.08. The deductions under division (C) and the 47359
payments under division (D) of this section for fiscal years 201047360
2012 and 20112013 shall be made in accordance with section 47361
3314.088 of the Revised Code.47362

       (A) As used in this section:47363

       (1) "Base formula amount" means the amount specified as such 47364
in a community school's financial plan for a school year pursuant 47365
to division (A)(15) of section 3314.03 of the Revised Code.47366

       (2) "IEP" has the same meaning as in section 3323.01 of the 47367
Revised Code.47368

       (3) "Applicable special education weight" means the multiple 47369
specified in section 3317.013 of the Revised Code for a disability 47370
described in that section.47371

       (4) "Applicable vocational education weight" means:47372

       (a) For a student enrolled in vocational education programs 47373
or classes described in division (A) of section 3317.014 of the 47374
Revised Code, the multiple specified in that division;47375

       (b) For a student enrolled in vocational education programs 47376
or classes described in division (B) of section 3317.014 of the 47377
Revised Code, the multiple specified in that division.47378

       (5) "Entitled to attend school" means entitled to attend 47379
school in a district under section 3313.64 or 3313.65 of the 47380
Revised Code.47381

       (6) A community school student is "included in the poverty 47382
student count" of a school district if the student is entitled to 47383
attend school in the district and the student's family receives 47384
assistance under the Ohio works first program.47385

       (7) "Poverty-based assistance reduction factor" means the 47386
percentage figure, if any, for reducing the per pupil amount of 47387
poverty-based assistance a community school is entitled to receive 47388
pursuant to divisions (D)(5) to (9) of this section in any year, 47389
as specified in the school's financial plan for the year pursuant 47390
to division (A)(15) of section 3314.03 of the Revised Code.47391

       (8) "All-day kindergarten" has the same meaning as in section 47392
3317.0293321.05 of the Revised Code.47393

        (9) "State education aid" has the same meaning as in section 47394
5751.20 of the Revised Code.47395

       (B) The state board of education shall adopt rules requiring 47396
both of the following:47397

       (1) The board of education of each city, exempted village, 47398
and local school district to annually report the number of 47399
students entitled to attend school in the district who are 47400
enrolled in grades one through twelve in a community school 47401
established under this chapter, the number of students entitled to 47402
attend school in the district who are enrolled in kindergarten in 47403
a community school, the number of those kindergartners who are 47404
enrolled in all-day kindergarten in their community school, and 47405
for each child, the community school in which the child is 47406
enrolled.47407

       (2) The governing authority of each community school 47408
established under this chapter to annually report all of the 47409
following:47410

       (a) The number of students enrolled in grades one through 47411
twelve and the number of students enrolled in kindergarten in the 47412
school who are not receiving special education and related 47413
services pursuant to an IEP;47414

       (b) The number of enrolled students in grades one through 47415
twelve and the number of enrolled students in kindergarten, who 47416
are receiving special education and related services pursuant to 47417
an IEP;47418

       (c) The number of students reported under division (B)(2)(b) 47419
of this section receiving special education and related services 47420
pursuant to an IEP for a disability described in each of divisions 47421
(A) to (F) of section 3317.013 of the Revised Code;47422

       (d) The full-time equivalent number of students reported 47423
under divisions (B)(2)(a) and (b) of this section who are enrolled 47424
in vocational education programs or classes described in each of 47425
divisions (A) and (B) of section 3317.014 of the Revised Code that 47426
are provided by the community school;47427

       (e) Twenty per cent of the number of students reported under 47428
divisions (B)(2)(a) and (b) of this section who are not reported 47429
under division (B)(2)(d) of this section but who are enrolled in 47430
vocational education programs or classes described in each of 47431
divisions (A) and (B) of section 3317.014 of the Revised Code at a 47432
joint vocational school district under a contract between the 47433
community school and the joint vocational school district and are 47434
entitled to attend school in a city, local, or exempted village 47435
school district whose territory is part of the territory of the 47436
joint vocational school district;47437

       (f) The number of enrolled preschool children with 47438
disabilities receiving special education services in a 47439
state-funded unit;47440

       (g) The community school's base formula amount;47441

       (h) For each student, the city, exempted village, or local 47442
school district in which the student is entitled to attend school;47443

       (i) Any poverty-based assistance reduction factor that 47444
applies to a school year.47445

       Each community school in its report of students under this 47446
division shall specify separately those individuals between 47447
twenty-two and thirty years of age enrolled in the school's 47448
dropout prevention and recovery program under section 3314.38 of 47449
the Revised Code for funding prescribed by that section.47450

       (C) From the state education aid calculated for a city, 47451
exempted village, or local school district and, if necessary, from 47452
the payment made to the district under sections 321.24 and 323.156 47453
of the Revised Code, the department of education shall annually 47454
subtract the sum of the amounts described in divisions (C)(1) to 47455
(9) of this section. However, when deducting payments on behalf of 47456
students enrolled in internet- or computer-based community 47457
schools, the department shall deduct only those amounts described 47458
in divisions (C)(1) and (2) of this section. Furthermore, the 47459
aggregate amount deducted under this division shall not exceed the 47460
sum of the district's state education aid and its payment under 47461
sections 321.24 and 323.156 of the Revised Code.47462

       (1) An amount equal to the sum of the amounts obtained when, 47463
for each community school where the district's students are 47464
enrolled, the number of the district's students reported under 47465
divisions (B)(2)(a), (b), and (e) of this section who are enrolled 47466
in grades one through twelve, and one-half the number of students 47467
reported under those divisions who are enrolled in kindergarten, 47468
in that community school is multiplied by the sum of the base 47469
formula amount of that community school plus the per pupil amount 47470
of the base funding supplements specified in divisions (C)(1) to 47471
(4) of section 3317.012 of the Revised Code.47472

       (2) The sum of the amounts calculated under divisions 47473
(C)(2)(a) and (b) of this section:47474

       (a) For each of the district's students reported under 47475
division (B)(2)(c) of this section as enrolled in a community 47476
school in grades one through twelve and receiving special 47477
education and related services pursuant to an IEP for a disability 47478
described in section 3317.013 of the Revised Code, the product of 47479
the applicable special education weight times the community 47480
school's base formula amount;47481

       (b) For each of the district's students reported under 47482
division (B)(2)(c) of this section as enrolled in kindergarten in 47483
a community school and receiving special education and related 47484
services pursuant to an IEP for a disability described in section 47485
3317.013 of the Revised Code, one-half of the amount calculated as 47486
prescribed in division (C)(2)(a) of this section.47487

       When computing deductions under division (C)(2) of this 47488
section, the department shall use the number of students with an 47489
IEP reported by each community school under divisions (B)(2)(b) 47490
and (c) of this section, as verified by the department, as the 47491
basis for those deductions, regardless of whether any particular 47492
student enrolls in a community school after the date required 47493
under federal law for reporting to the United States department of 47494
education the number of children with disabilities receiving 47495
special education and related services.47496

       (3) For each of the district's students reported under 47497
division (B)(2)(d) of this section for whom payment is made under 47498
division (D)(4) of this section, the amount of that payment;47499

       (4) An amount equal to the sum of the amounts obtained when, 47500
for each community school where the district's students are 47501
enrolled, the number of the district's students enrolled in that 47502
community school who are included in the district's poverty 47503
student count is multiplied by the per pupil amount of 47504
poverty-based assistance the school district receives that year 47505
pursuant to division (C) of section 3317.029 of the Revised Code, 47506
as adjusted by any poverty-based assistance reduction factor of 47507
that community school. The per pupil amount of that aid for the 47508
district shall be calculated by the department.47509

       (5) An amount equal to the sum of the amounts obtained when, 47510
for each community school where the district's students are 47511
enrolled, the district's per pupil amount of aid received under 47512
division (E) of section 3317.029 of the Revised Code, as adjusted 47513
by any poverty-based assistance reduction factor of the community 47514
school, is multiplied by the sum of the following:47515

       (a) The number of the district's students reported under 47516
division (B)(2)(a) of this section who are enrolled in grades one 47517
to three in that community school and who are not receiving 47518
special education and related services pursuant to an IEP;47519

       (b) One-half of the district's students who are enrolled in 47520
all-day or any other kindergarten class in that community school 47521
and who are not receiving special education and related services 47522
pursuant to an IEP;47523

       (c) One-half of the district's students who are enrolled in 47524
all-day kindergarten in that community school and who are not 47525
receiving special education and related services pursuant to an 47526
IEP.47527

       The district's per pupil amount of aid under division (E) of 47528
section 3317.029 of the Revised Code is the quotient of the amount 47529
the district received under that division divided by the 47530
district's kindergarten through third grade ADM, as defined in 47531
that section.47532

       (6) An amount equal to the sum of the amounts obtained when, 47533
for each community school where the district's students are 47534
enrolled, the district's per pupil amount received under division 47535
(F) of section 3317.029 of the Revised Code, as adjusted by any 47536
poverty-based assistance reduction factor of that community 47537
school, is multiplied by the number of the district's students 47538
enrolled in the community school who are identified as 47539
limited-English proficient.47540

       (7) An amount equal to the sum of the amounts obtained when, 47541
for each community school where the district's students are 47542
enrolled, the district's per pupil amount received under division 47543
(G) of section 3317.029 of the Revised Code, as adjusted by any 47544
poverty-based assistance reduction factor of that community 47545
school, is multiplied by the sum of the following:47546

       (a) The number of the district's students enrolled in grades 47547
one through twelve in that community school;47548

       (b) One-half of the number of the district's students 47549
enrolled in kindergarten in that community school.47550

       The district's per pupil amount under division (G) of section 47551
3317.029 of the Revised Code is the district's amount per teacher 47552
calculated under division (G)(1) or (2) of that section divided by 47553
17.47554

       (8) An amount equal to the sum of the amounts obtained when, 47555
for each community school where the district's students are 47556
enrolled, the district's per pupil amount received under divisions 47557
(H) and (I) of section 3317.029 of the Revised Code, as adjusted 47558
by any poverty-based assistance reduction factor of that community 47559
school, is multiplied by the sum of the following:47560

       (a) The number of the district's students enrolled in grades 47561
one through twelve in that community school;47562

       (b) One-half of the number of the district's students 47563
enrolled in kindergarten in that community school.47564

       The district's per pupil amount under divisions (H) and (I) 47565
of section 3317.029 of the Revised Code is the amount calculated 47566
under each division divided by the district's formula ADM, as 47567
defined in section 3317.02 of the Revised Code.47568

       (9) An amount equal to the per pupil state parity aid funding 47569
calculated for the school district under either division (C) or 47570
(D) of section 3317.0217 of the Revised Code multiplied by the sum 47571
of the number of students in grades one through twelve, and 47572
one-half of the number of students in kindergarten, who are 47573
entitled to attend school in the district and are enrolled in a 47574
community school as reported under division (B)(1) of this 47575
section.47576

       (D) The department shall annually pay to a community school 47577
established under this chapter the sum of the amounts described in 47578
divisions (D)(1) to (10) of this section. However, the department 47579
shall calculate and pay to each internet- or computer-based 47580
community school only the amounts described in divisions (D)(1) to 47581
(3) of this section. Furthermore, the sum of the payments to all 47582
community schools under divisions (D)(1), (2), and (4) to (10) of 47583
this section for the students entitled to attend school in any 47584
particular school district shall not exceed the sum of that 47585
district's state education aid and its payment under sections 47586
321.24 and 323.156 of the Revised Code. If the sum of the payments 47587
calculated under those divisions for the students entitled to 47588
attend school in a particular school district exceeds the sum of 47589
that district's state education aid and its payment under sections 47590
321.24 and 323.156 of the Revised Code, the department shall 47591
calculate and apply a proration factor to the payments to all 47592
community schools under those divisions for the students entitled 47593
to attend school in that district.47594

       (1) Subject to section 3314.085 of the Revised Code, anAn47595
amount equal to the sum of the amounts obtained when the number of 47596
students enrolled in grades one through twelve, plus one-half of 47597
the kindergarten students in the school, reported under divisions 47598
(B)(2)(a), (b), and (e) of this section who are not receiving 47599
special education and related services pursuant to an IEP for a 47600
disability described in section 3317.013 of the Revised Code is 47601
multiplied by the sum of the community school's base formula 47602
amount plus the per pupil amount of the base funding supplements 47603
specified in divisions (C)(1) to (4) of section 3317.012 of the 47604
Revised Code.47605

       (2) Prior to fiscal year 2007, the greater of the amount 47606
calculated under division (D)(2)(a) or (b) of this section, and in 47607
fiscal year 2007 and thereafter, the amount calculated under 47608
division (D)(2)(b) of this section:47609

       (a) The aggregate amount that the department paid to the 47610
community school in fiscal year 1999 for students receiving 47611
special education and related services pursuant to IEPs, excluding 47612
federal funds and state disadvantaged pupil impact aid funds;47613

       (b) The sum of the following amounts calculated under 47614
divisions (D)(2)(b)(i) and (ii) of this section:47615

       (i)(a) For each student reported under division (B)(2)(c) of 47616
this section as enrolled in the school in grades one through 47617
twelve and receiving special education and related services 47618
pursuant to an IEP for a disability described in section 3317.013 47619
of the Revised Code, the following amount:47620

(the school's base formula amount plus
47621

the per pupil amount of the base funding supplements specified in
47622

divisions (C)(1) to (4) of section 3317.012 of the Revised Code)
47623

+ (the applicable special education weight X the
47624

community school's base formula amount);
47625

       (ii)(b) For each student reported under division (B)(2)(c) of 47626
this section as enrolled in kindergarten and receiving special 47627
education and related services pursuant to an IEP for a disability 47628
described in section 3317.013 of the Revised Code, one-half of the 47629
amount calculated under the formula prescribed in division 47630
(D)(2)(b)(i)(a) of this section.47631

       When computing payments under division (D)(2) of this 47632
section, the department shall use the number of students with an 47633
IEP reported by the community school under divisions (B)(2)(b) and 47634
(c) of this section, as verified by the department, as the basis 47635
for those payments, regardless of whether any particular student 47636
enrolls in the community school after the date required under 47637
federal law for reporting to the United States department of 47638
education the number of children with disabilities receiving 47639
special education and related services.47640

       (3) An amount received from federal funds to provide special 47641
education and related services to students in the community 47642
school, as determined by the superintendent of public instruction.47643

       (4) For each student reported under division (B)(2)(d) of 47644
this section as enrolled in vocational education programs or 47645
classes that are described in section 3317.014 of the Revised 47646
Code, are provided by the community school, and are comparable as 47647
determined by the superintendent of public instruction to school 47648
district vocational education programs and classes eligible for 47649
state weighted funding under section 3317.014 of the Revised Code, 47650
an amount equal to the applicable vocational education weight 47651
times the community school's base formula amount times the 47652
percentage of time the student spends in the vocational education 47653
programs or classes.47654

       (5) An amount equal to the sum of the amounts obtained when, 47655
for each school district where the community school's students are 47656
entitled to attend school, the number of that district's students 47657
enrolled in the community school who are included in the 47658
district's poverty student count is multiplied by the per pupil 47659
amount of poverty-based assistance that school district receives 47660
that year pursuant to division (C) of section 3317.029 of the 47661
Revised Code, as adjusted by any poverty-based assistance 47662
reduction factor of the community school. The per pupil amount of 47663
aid shall be determined as described in division (C)(4) of this 47664
section.47665

       (6) An amount equal to the sum of the amounts obtained when, 47666
for each school district where the community school's students are 47667
entitled to attend school, the district's per pupil amount of aid 47668
received under division (E) of section 3317.029 of the Revised 47669
Code, as adjusted by any poverty-based assistance reduction factor 47670
of the community school, is multiplied by the sum of the 47671
following:47672

       (a) The number of the district's students reported under 47673
division (B)(2)(a) of this section who are enrolled in grades one 47674
to three in that community school and who are not receiving 47675
special education and related services pursuant to an IEP;47676

       (b) One-half of the district's students who are enrolled in 47677
all-day or any other kindergarten class in that community school 47678
and who are not receiving special education and related services 47679
pursuant to an IEP;47680

       (c) One-half of the district's students who are enrolled in 47681
all-day kindergarten in that community school and who are not 47682
receiving special education and related services pursuant to an 47683
IEP.47684

       The district's per pupil amount of aid under division (E) of 47685
section 3317.029 of the Revised Code shall be determined as 47686
described in division (C)(5) of this section.47687

       (7) An amount equal to the sum of the amounts obtained when, 47688
for each school district where the community school's students are 47689
entitled to attend school, the number of that district's students 47690
enrolled in the community school who are identified as 47691
limited-English proficient is multiplied by the district's per 47692
pupil amount received under division (F) of section 3317.029 of 47693
the Revised Code, as adjusted by any poverty-based assistance 47694
reduction factor of the community school.47695

       (8) An amount equal to the sum of the amounts obtained when, 47696
for each school district where the community school's students are 47697
entitled to attend school, the district's per pupil amount 47698
received under division (G) of section 3317.029 of the Revised 47699
Code, as adjusted by any poverty-based assistance reduction factor 47700
of the community school, is multiplied by the sum of the 47701
following:47702

       (a) The number of the district's students enrolled in grades 47703
one through twelve in that community school;47704

       (b) One-half of the number of the district's students 47705
enrolled in kindergarten in that community school.47706

       The district's per pupil amount under division (G) of section 47707
3317.029 of the Revised Code shall be determined as described in 47708
division (C)(7) of this section.47709

       (9) An amount equal to the sum of the amounts obtained when, 47710
for each school district where the community school's students are 47711
entitled to attend school, the district's per pupil amount 47712
received under divisions (H) and (I) of section 3317.029 of the 47713
Revised Code, as adjusted by any poverty-based assistance 47714
reduction factor of the community school, is multiplied by the sum 47715
of the following:47716

       (a) The number of the district's students enrolled in grades 47717
one through twelve in that community school;47718

       (b) One-half of the number of the district's students 47719
enrolled in kindergarten in that community school.47720

       The district's per pupil amount under divisions (H) and (I) 47721
of section 3317.029 of the Revised Code shall be determined as 47722
described in division (C)(8) of this section.47723

       (10) An amount equal to the sum of the amounts obtained when, 47724
for each school district where the community school's students are 47725
entitled to attend school, the district's per pupil amount of 47726
state parity aid funding calculated under either division (C) or 47727
(D) of section 3317.0217 of the Revised Code is multiplied by the 47728
sum of the number of that district's students enrolled in grades 47729
one through twelve, and one-half of the number of that district's 47730
students enrolled in kindergarten, in the community school as 47731
reported under divisiondivisions (B)(2)(a) and (b) of this 47732
section.47733

       (E)(1) If a community school's costs for a fiscal year for a 47734
student receiving special education and related services pursuant 47735
to an IEP for a disability described in divisions (B) to (F) of 47736
section 3317.013 of the Revised Code exceed the threshold 47737
catastrophic cost for serving the student as specified in division 47738
(C)(3)(b) of section 3317.022 of the Revised Code, the school may 47739
submit to the superintendent of public instruction documentation, 47740
as prescribed by the superintendent, of all its costs for that 47741
student. Upon submission of documentation for a student of the 47742
type and in the manner prescribed, the department shall pay to the 47743
community school an amount equal to the school's costs for the 47744
student in excess of the threshold catastrophic costs.47745

       (2) The community school shall only report under division 47746
(E)(1) of this section, and the department shall only pay for, the 47747
costs of educational expenses and the related services provided to 47748
the student in accordance with the student's individualized 47749
education program. Any legal fees, court costs, or other costs 47750
associated with any cause of action relating to the student may 47751
not be included in the amount.47752

       (F) A community school may apply to the department of 47753
education for preschool children with disabilities or gifted unit 47754
funding the school would receive if it were a school district. 47755
Upon request of its governing authority, a community school that 47756
received such unit funding as a school district-operated school 47757
before it became a community school shall retain any units awarded 47758
to it as a school district-operated school provided the school 47759
continues to meet eligibility standards for the unit.47760

       A community school shall be considered a school district and 47761
its governing authority shall be considered a board of education 47762
for the purpose of applying to any state or federal agency for 47763
grants that a school district may receive under federal or state 47764
law or any appropriations act of the general assembly. The 47765
governing authority of a community school may apply to any private 47766
entity for additional funds.47767

       (G) A board of education sponsoring a community school may 47768
utilize local funds to make enhancement grants to the school or 47769
may agree, either as part of the contract or separately, to 47770
provide any specific services to the community school at no cost 47771
to the school.47772

       (H) A community school may not levy taxes or issue bonds 47773
secured by tax revenues.47774

       (I) No community school shall charge tuition for the 47775
enrollment of any student.47776

       (J)(1)(a) A community school may borrow money to pay any 47777
necessary and actual expenses of the school in anticipation of the 47778
receipt of any portion of the payments to be received by the 47779
school pursuant to division (D) of this section. The school may 47780
issue notes to evidence such borrowing. The proceeds of the notes 47781
shall be used only for the purposes for which the anticipated 47782
receipts may be lawfully expended by the school.47783

       (b) A school may also borrow money for a term not to exceed 47784
fifteen years for the purpose of acquiring facilities.47785

       (2) Except for any amount guaranteed under section 3318.50 of 47786
the Revised Code, the state is not liable for debt incurred by the 47787
governing authority of a community school.47788

       (K) For purposes of determining the number of students for 47789
which divisions (D)(5) and (6) of this section applies in any 47790
school year, a community school may submit to the department of 47791
job and family services, no later than the first day of March, a 47792
list of the students enrolled in the school. For each student on 47793
the list, the community school shall indicate the student's name, 47794
address, and date of birth and the school district where the 47795
student is entitled to attend school. Upon receipt of a list under 47796
this division, the department of job and family services shall 47797
determine, for each school district where one or more students on 47798
the list is entitled to attend school, the number of students 47799
residing in that school district who were included in the 47800
department's report under section 3317.10 of the Revised Code. The 47801
department shall make this determination on the basis of 47802
information readily available to it. Upon making this 47803
determination and no later than ninety days after submission of 47804
the list by the community school, the department shall report to 47805
the state department of education the number of students on the 47806
list who reside in each school district who were included in the 47807
department's report under section 3317.10 of the Revised Code. In 47808
complying with this division, the department of job and family 47809
services shall not report to the state department of education any 47810
personally identifiable information on any student.47811

       (L) The department of education shall adjust the amounts 47812
subtracted and paid under divisions (C) and (D) of this section to 47813
reflect any enrollment of students in community schools for less 47814
than the equivalent of a full school year. The state board of 47815
education within ninety days after April 8, 2003, shall adopt in 47816
accordance with Chapter 119. of the Revised Code rules governing 47817
the payments to community schools under this section and section 47818
3314.13 of the Revised Code including initial payments in a school 47819
year and adjustments and reductions made in subsequent periodic 47820
payments to community schools and corresponding deductions from 47821
school district accounts as provided under divisions (C) and (D) 47822
of this section and section 3314.13 of the Revised Code. For 47823
purposes of this section and section 3314.13 of the Revised Code:47824

       (1) A student shall be considered enrolled in the community 47825
school for any portion of the school year the student is 47826
participating at a college under Chapter 3365. of the Revised 47827
Code.47828

       (2) A student shall be considered to be enrolled in a 47829
community school during a school year for the period of time 47830
beginning on the later of the date on which the school both has 47831
received documentation of the student's enrollment from a parent 47832
and the student has commenced participation in learning 47833
opportunities as defined in the contract with the sponsor, or 47834
thirty days prior to the date on which the student is entered into 47835
the education management information system established under 47836
section 3301.0714 of the Revised Code. For purposes of applying 47837
this division and divisions (L)(3) and (4) of this section to a 47838
community school student, "learning opportunities" shall be 47839
defined in the contract, which shall describe both classroom-based 47840
and non-classroom-based learning opportunities and shall be in 47841
compliance with criteria and documentation requirements for 47842
student participation which shall be established by the 47843
department. Any student's instruction time in non-classroom-based 47844
learning opportunities shall be certified by an employee of the 47845
community school. A student's enrollment shall be considered to 47846
cease on the date on which any of the following occur:47847

        (a) The community school receives documentation from a parent 47848
terminating enrollment of the student.47849

        (b) The community school is provided documentation of a 47850
student's enrollment in another public or private school.47851

        (c) The community school ceases to offer learning 47852
opportunities to the student pursuant to the terms of the contract 47853
with the sponsor or the operation of any provision of this 47854
chapter.47855

       Beginning in the 2011-2012 school year, any student who 47856
completed the prior school year in a community school shall be 47857
considered to be enrolled in the same school in the subsequent 47858
school year until the student's enrollment has ceased as specified 47859
in division (L)(2) of this section.47860

        (3) The department shall determine each community school 47861
student's percentage of full-time equivalency based on the 47862
percentage of learning opportunities offered by the community 47863
school to that student, reported either as number of hours or 47864
number of days, is of the total learning opportunities offered by 47865
the community school to a student who attends for the school's 47866
entire school year. However, no internet- or computer-based 47867
community school shall be credited for any time a student spends 47868
participating in learning opportunities beyond ten hours within 47869
any period of twenty-four consecutive hours. Whether it reports 47870
hours or days of learning opportunities, each community school 47871
shall offer not less than nine hundred twenty hours of learning 47872
opportunities during the school year.47873

       (4) With respect to the calculation of full-time equivalency 47874
under division (L)(3) of this section, the department shall waive 47875
the number of hours or days of learning opportunities not offered 47876
to a student because the community school was closed during the 47877
school year due to disease epidemic, hazardous weather conditions, 47878
inoperability of school buses or other equipment necessary to the 47879
school's operation, damage to a school building, or other 47880
temporary circumstances due to utility failure rendering the 47881
school building unfit for school use, so long as the school was 47882
actually open for instruction with students in attendance during 47883
that school year for not less than the minimum number of hours 47884
required by this chapter. The department shall treat the school as 47885
if it were open for instruction with students in attendance during 47886
the hours or days waived under this division.47887

       (M) The department of education shall reduce the amounts paid 47888
under division (D) of this section to reflect payments made to 47889
colleges under division (B) of section 3365.07 of the Revised Code 47890
or through alternative funding agreements entered into under rules 47891
adopted under section 3365.12 of the Revised Code.47892

       (N)(1) No student shall be considered enrolled in any 47893
internet- or computer-based community school or, if applicable to 47894
the student, in any community school that is required to provide 47895
the student with a computer pursuant to division (C) of section 47896
3314.22 of the Revised Code, unless both of the following 47897
conditions are satisfied:47898

       (a) The student possesses or has been provided with all 47899
required hardware and software materials and all such materials 47900
are operational so that the student is capable of fully 47901
participating in the learning opportunities specified in the 47902
contract between the school and the school's sponsor as required 47903
by division (A)(23) of section 3314.03 of the Revised Code;47904

       (b) The school is in compliance with division (A) of section 47905
3314.22 of the Revised Code, relative to such student.47906

       (2) In accordance with policies adopted jointly by the 47907
superintendent of public instruction and the auditor of state, the 47908
department shall reduce the amounts otherwise payable under 47909
division (D) of this section to any community school that includes 47910
in its program the provision of computer hardware and software 47911
materials to any student, if such hardware and software materials 47912
have not been delivered, installed, and activated for each such 47913
student in a timely manner or other educational materials or 47914
services have not been provided according to the contract between 47915
the individual community school and its sponsor.47916

       The superintendent of public instruction and the auditor of 47917
state shall jointly establish a method for auditing any community 47918
school to which this division pertains to ensure compliance with 47919
this section.47920

       The superintendent, auditor of state, and the governor shall 47921
jointly make recommendations to the general assembly for 47922
legislative changes that may be required to assure fiscal and 47923
academic accountability for such schools.47924

       (O)(1) If the department determines that a review of a 47925
community school's enrollment is necessary, such review shall be 47926
completed and written notice of the findings shall be provided to 47927
the governing authority of the community school and its sponsor 47928
within ninety days of the end of the community school's fiscal 47929
year, unless extended for a period not to exceed thirty additional 47930
days for one of the following reasons:47931

        (a) The department and the community school mutually agree to 47932
the extension.47933

        (b) Delays in data submission caused by either a community 47934
school or its sponsor.47935

       (2) If the review results in a finding that additional 47936
funding is owed to the school, such payment shall be made within 47937
thirty days of the written notice. If the review results in a 47938
finding that the community school owes moneys to the state, the 47939
following procedure shall apply:47940

       (a) Within ten business days of the receipt of the notice of 47941
findings, the community school may appeal the department's 47942
determination to the state board of education or its designee.47943

        (b) The board or its designee shall conduct an informal 47944
hearing on the matter within thirty days of receipt of such an 47945
appeal and shall issue a decision within fifteen days of the 47946
conclusion of the hearing.47947

        (c) If the board has enlisted a designee to conduct the 47948
hearing, the designee shall certify its decision to the board. The 47949
board may accept the decision of the designee or may reject the 47950
decision of the designee and issue its own decision on the matter.47951

        (d) Any decision made by the board under this division is 47952
final.47953

        (3) If it is decided that the community school owes moneys to 47954
the state, the department shall deduct such amount from the 47955
school's future payments in accordance with guidelines issued by 47956
the superintendent of public instruction.47957

       (P) The department shall not subtract from a school 47958
district's state aid account under division (C) of this section 47959
and shall not pay to a community school under division (D) of this 47960
section any amount for any of the following:47961

        (1) Any student who has graduated from the twelfth grade of a 47962
public or nonpublic high school;47963

        (2) Any student who is not a resident of the state;47964

        (3) Any student who was enrolled in the community school 47965
during the previous school year when assessments were administered 47966
under section 3301.0711 of the Revised Code but did not take one 47967
or more of the assessments required by that section and was not 47968
excused pursuant to division (C)(1) or (3) of that section, unless 47969
the superintendent of public instruction grants the student a 47970
waiver from the requirement to take the assessment and a parent is 47971
not paying tuition for the student pursuant to section 3314.26 of 47972
the Revised Code. The superintendent may grant a waiver only for 47973
good cause in accordance with rules adopted by the state board of 47974
education.47975

        (4) Any student who has attained the age of twenty-two years, 47976
except for veteransthe following:47977

       (a) A veteran of the armed services whose attendance was 47978
interrupted before completing the recognized twelve-year course of 47979
the public schools by reason of induction or enlistment in the 47980
armed forces and who applyapplies for enrollment in a community 47981
school not later than four years after termination of war or their47982
the veteran's honorable discharge. If, however, any such veteran 47983
elects to enroll in special courses organized for veterans for 47984
whom tuition is paid under federal law, or otherwise, the 47985
department shall not subtract from a school district's state aid 47986
account under division (C) of this section and shall not pay to a 47987
community school under division (D) of this section any amount for 47988
that veteran.47989

       (b) An individual enrolled under section 3314.38 of the 47990
Revised Code in a dropout prevention and recovery program operated 47991
by a community school.47992

       Sec. 3314.087.  (A) As used in this section:47993

        (1) "Career-technical program" means vocational programs or 47994
classes described in division (A) or (B) of section 3317.014 of 47995
the Revised Code in which a student is enrolled.47996

        (2) "Formula ADM," "category one or two vocational education 47997
ADM," and "FTE basis" have the same meanings as in section 3317.02 47998
of the Revised Code.47999

        (3) "Resident school district" means the city, exempted 48000
village, or local school district in which a student is entitled 48001
to attend school under section 3313.64 or 3313.65 of the Revised 48002
Code.48003

        (B) Notwithstanding anything to the contrary in this chapter 48004
or Chapter 3306. or 3317. of the Revised Code, a student enrolled 48005
in a community school may simultaneously enroll in the 48006
career-technical program operated by the student's resident school 48007
district. On an FTE basis, the student's resident school district 48008
shall count the student in the category one or two vocational 48009
education ADM for the proportion of the time the student is 48010
enrolled in the district's career-technical program and, 48011
accordingly, the department of education shall calculate funds 48012
under Chapters 3306. andChapter 3317. for the district 48013
attributable to the student for the proportion of time the student 48014
attends the career-technical program. The community school shall 48015
count the student in its enrollment report under section 3314.08 48016
of the Revised Code and shall report to the department the 48017
proportion of time that the student attends classes at the 48018
community school. The department shall pay the community school 48019
and deduct from the student's resident school district the amount 48020
computed for the student under section 3314.08 of the Revised Code 48021
in proportion to the fraction of the time on an FTE basis that the 48022
student attends classes at the community school. "Full-time 48023
equivalency" for a community school student, as defined in 48024
division (L) of section 3314.08 of the Revised Code, does not 48025
apply to the student.48026

       Sec. 3314.088. (A) For purposes of applying sections 3314.08 48027
and 3314.13 of the Revised Code to fiscal years 20102012 and 201148028
2013:48029

       (1)(A) The base formula amount for community schools for each 48030
of fiscal year 2010 is $5,718 and for fiscal year 2011 is $5,703. 48031
These respective amountsyears 2012 and 2013 is $5,653. That 48032
amount shall be applied wherein sections 3314.08 and 3314.13 of 48033
the Revised Code the base formula amount is specified, except for 48034
deducting and paying amounts for special education weighted 48035
funding and vocational education weighted funding.48036

       (2)(B) The base funding supplements under section 3317.012 of 48037
the Revised Code shall be deemed in each year to be the amounts 48038
specified in that section for fiscal year 2009.48039

       (3)(C) Special education additional weighted funding shall be 48040
calculated by multiplying the applicable weight specified for 48041
fiscal year 2009 in section 3317.013 of the Revised Code, as it 48042
existed for that fiscal year 2009, times $5,732.48043

       (4)(D) Vocational education additional weighted funding shall 48044
be calculated by multiplying the applicable weight specified in 48045
section 3317.014 of the Revised Code for fiscal year 2009 times 48046
$5,732.48047

       (5)(E) The per pupil amounts paid to a school district under 48048
sections 3317.029 and 3317.0217 of the Revised Code shall be 48049
deemed to be the respective per pupil amounts paid under those 48050
sections to that district for fiscal year 2009.48051

       (6)(F) A community school may receive all-day kindergarten 48052
payments under section 3314.13 of the Revised Code only for 48053
all-day kindergarten students who are entitled to attend school in 48054
school districts that, for fiscal year 2009, met the eligibility 48055
requirements of division (D) of section 3317.029 of the Revised 48056
Code. For students entitled to attend school in such school 48057
districts that actually received payment for all-day kindergarten 48058
for fiscal year 2009, the payments to community schools under 48059
section 3314.13 of the Revised Code shall be deducted from the 48060
school district's state education aid. For students entitled to 48061
attend school in such school districts that did not receive 48062
payment for all-day kindergarten for fiscal year 2009, the 48063
payments to community schools under section 3314.13 of the Revised 48064
Code shall be paid out of the funds appropriated under 48065
appropriation item 200550, foundation funding, as appropriated in 48066
section 265.10 of Am. Sub. H.B. 1 of the 128th General Assembly. 48067
As used in this division, "entitled to attend school" has the same 48068
meaning as in section 3314.08 of the Revised Code.48069

       (B) For purposes of applying section 3314.085 of the Revised 48070
Code to fiscal years 2010 and 2011, the minimum per pupil 48071
expenditure required for pupil instruction under that section is 48072
$2,931, which equals the minimum amount required by that section 48073
for fiscal year 2009.48074

       Sec. 3314.091.  (A) A school district is not required to 48075
provide transportation for any native student enrolled in a 48076
community school if the district board of education has entered 48077
into an agreement with the community school's governing authority 48078
that designates the community school as responsible for providing 48079
or arranging for the transportation of the district's native 48080
students to and from the community school. For any such agreement 48081
to be effective, it must be certified by the superintendent of 48082
public instruction as having met all of the following 48083
requirements:48084

       (1) It is submitted to the department of education by a 48085
deadline which shall be established by the department.48086

       (2) In accordance with divisions (C)(1) and (2) of this 48087
section, it specifies qualifications, such as residing a minimum 48088
distance from the school, for students to have their 48089
transportation provided or arranged.48090

       (3) The transportation provided by the community school is 48091
subject to all provisions of the Revised Code and all rules 48092
adopted under the Revised Code pertaining to pupil transportation.48093

        (4) The sponsor of the community school also has signed the 48094
agreement.48095

       (B)(1) For the school year that begins on July 1, 2007, a 48096
school district is not required to provide transportation for any 48097
native student enrolled in a community school, if the community 48098
school during the previous school year transported the students 48099
enrolled in the school or arranged for the students' 48100
transportation, even if that arrangement consisted of having 48101
parents transport their children to and from the school, but did 48102
not enter into an agreement to transport or arrange for 48103
transportation for those students under division (A) of this 48104
section, and if the governing authority of the community school by 48105
July 15, 2007, submits written notification to the district board 48106
of education stating that the governing authority is accepting 48107
responsibility for providing or arranging for the transportation 48108
of the district's native students to and from the community 48109
school. 48110

       (2) For any school year subsequent to the school year that 48111
begins on July 1, 2007, a school district is not required to 48112
provide transportation for any native student enrolled in a 48113
community school if the governing authority of the community 48114
school, by the thirty-first day of January of the previous school 48115
year, submits written notification to the district board of 48116
education stating that the governing authority is accepting 48117
responsibility for providing or arranging for the transportation 48118
of the district's native students to and from the community 48119
school. If the governing authority of the community school has 48120
previously accepted responsibility for providing or arranging for 48121
the transportation of a district's native students to and from the 48122
community school, under division (B)(1) or (2) of this section, 48123
and has since relinquished that responsibility under division 48124
(B)(3) of this section, the governing authority shall not accept 48125
that responsibility again unless the district board consents to 48126
the governing authority's acceptance of that responsibility.48127

       (3) A governing authority's acceptance of responsibility 48128
under division (B)(1) or (2) of this section shall cover an entire 48129
school year, and shall remain in effect for subsequent school 48130
years unless the governing authority submits written notification 48131
to the district board that the governing authority is 48132
relinquishing the responsibility. However, a governing authority 48133
shall not relinquish responsibility for transportation before the 48134
end of a school year, and shall submit the notice relinquishing 48135
responsibility by the thirty-first day of January, in order to 48136
allow the school district reasonable time to prepare 48137
transportation for its native students enrolled in the school. 48138

        (C)(1) A community school governing authority that enters 48139
into an agreement under division (A) of this section, or that 48140
accepts responsibility under division (B) of this section, shall 48141
provide or arrange transportation free of any charge for each of 48142
its enrolled students who is required to be transported under 48143
section 3327.01 of the Revised Code or who would otherwise be 48144
transported by the school district under the district's 48145
transportation policy. The governing authority shall report to the 48146
department of education the number of students transported or for 48147
whom transportation is arranged under this section in accordance 48148
with rules adopted by the state board of education.48149

       (2) The governing authority may provide or arrange 48150
transportation for any other enrolled student who is not eligible 48151
for transportation in accordance with division (C)(1) of this 48152
section and may charge a fee for such service up to the actual 48153
cost of the service.48154

       (3) Notwithstanding anything to the contrary in division 48155
(C)(1) or (2) of this section, a community school governing 48156
authority shall provide or arrange transportation free of any 48157
charge for any disabled student enrolled in the school for whom 48158
the student's individualized education program developed under 48159
Chapter 3323. of the Revised Code specifies transportation.48160

       (D)(1) If a school district board and a community school 48161
governing authority elect to enter into an agreement under 48162
division (A) of this section, the department of education shall 48163
make payments to the community school according to the terms of 48164
the agreement for each student actually transported under division 48165
(C)(1) of this section.48166

        If a community school governing authority accepts 48167
transportation responsibility under division (B) of this section, 48168
the department shall make payments to the community school for 48169
each student actually transported or for whom transportation is 48170
arranged by the community school under division (C)(1) of this 48171
section, calculated as follows:48172

       (a) For any fiscal year which the general assembly has 48173
specified that transportation payments to school districts be 48174
based on an across-the-board percentage of the district's payment 48175
for the previous school year, the per pupil payment to the 48176
community school shall be the following quotient:48177

       (i) The total amount calculated for the school district in 48178
which the child is entitled to attend school for student 48179
transportation other than transportation of children with 48180
disabilities; divided by48181

       (ii) The number of students included in the district's 48182
transportation ADM for the current fiscal year, as reported under 48183
division (B)(13) of section 3317.03 of the Revised Code, plus the 48184
number of students enrolled in the community school not counted in 48185
the district's transportation ADM who are transported under 48186
division (B)(1) or (2) of this section.48187

       (b) For any fiscal year which the general assembly has 48188
specified that the transportation payments to school districts be 48189
calculated in accordance with section 3306.123317.0212 of the 48190
Revised Code and any rules of the state board of education 48191
implementing that section, the payment to the community school 48192
shall be the amount so calculated that otherwise would be paid to 48193
the school district in which the student is entitled to attend 48194
school by the method of transportation the district would have 48195
used. The community school, however, is not required to use the 48196
same method to transport that student.48197

       (c) Divisions (D)(1)(a) and (b) of this section do not apply 48198
to fiscal years 2012 and 2013. Rather, for each of those fiscal 48199
years, the per pupil payment to a community school for 48200
transporting a student shall be the total amount paid under former 48201
section 3306.12 of the Revised Code for fiscal year 2011 to the 48202
school district in which the child is entitled to attend school 48203
divided by that district's "qualifying ridership," as defined in 48204
that section for fiscal year 2011.48205

       As used in this division "entitled to attend school" means 48206
entitled to attend school under section 3313.64 or 3313.65 of the 48207
Revised Code. 48208

        (2) The department shall deduct the payment under division 48209
(D)(1) of this section from the state education aid, as defined in 48210
section 3314.08 of the Revised Code, and, if necessary, the 48211
payment under sections 321.14 and 323.156 of the Revised Code, 48212
that is otherwise paid to the school district in which the student 48213
enrolled in the community school is entitled to attend school. The 48214
department shall include the number of the district's native 48215
students for whom payment is made to a community school under 48216
division (D)(1) of this section in the calculation of the 48217
district's transportation payment under section 3306.123317.021248218
of the Revised Code and the operating appropriations act.48219

       (3) A community school shall be paid under division (D)(1) of 48220
this section only for students who are eligible as specified in 48221
section 3327.01 of the Revised Code and division (C)(1) of this 48222
section, and whose transportation to and from school is actually 48223
provided, who actually utilized transportation arranged, or for 48224
whom a payment in lieu of transportation is made by the community 48225
school's governing authority. To qualify for the payments, the 48226
community school shall report to the department, in the form and 48227
manner required by the department, data on the number of students 48228
transported or whose transportation is arranged, the number of 48229
miles traveled, cost to transport, and any other information 48230
requested by the department.48231

       (4) A community school shall use payments received under this 48232
section solely to pay the costs of providing or arranging for the 48233
transportation of students who are eligible as specified in 48234
section 3327.01 of the Revised Code and division (C)(1) of this 48235
section, which may include payments to a parent, guardian, or 48236
other person in charge of a child in lieu of transportation.48237

       (E) Except when arranged through payment to a parent, 48238
guardian, or person in charge of a child, transportation provided 48239
or arranged for by a community school pursuant to an agreement 48240
under this section is subject to all provisions of the Revised 48241
Code, and all rules adopted under the Revised Code, pertaining to 48242
the construction, design, equipment, and operation of school buses 48243
and other vehicles transporting students to and from school. The 48244
drivers and mechanics of the vehicles are subject to all 48245
provisions of the Revised Code, and all rules adopted under the 48246
Revised Code, pertaining to drivers and mechanics of such 48247
vehicles. The community school also shall comply with sections 48248
3313.201, 3327.09, and 3327.10 of the Revised Code, division (B) 48249
of section 3327.16 of the Revised Code and, subject to division 48250
(C)(1) of this section, sections 3327.01 and 3327.02 of the 48251
Revised Code, as if it were a school district. 48252

       Sec. 3314.10.  (A)(1) The governing authority of any 48253
community school established under this chapter, or any operator 48254
of the school, or both, may employ teachers and nonteaching 48255
employees necessary to carry out itsthe school's mission and 48256
fulfill itsthe school's contract.48257

       (2) Except as otherwise provided under this division (A)(3) 48258
of this section, employees hired by a community school governing 48259
authority under this section are not subject to Chapter 4117. of 48260
the Revised Code and may not organize andor collectively bargain 48261
pursuant to Chapter 4117. of the Revised Codethat chapter. 48262
Notwithstanding division (D)(1) of section 4117.06 of the Revised 48263
Code, a unit containing teaching and nonteaching employees 48264
employed under this section shall be considered an appropriate 48265
unit. As applicable, employment under this section is subject to 48266
either Chapter 3307. or 3309. of the Revised Code.48267

       (3) If a school is created by converting all or part of an 48268
existing public school rather than by establishment of a new 48269
start-up school, at the time of conversion, theThe employees of 48270
thea community school shall remain part of anygoverning 48271
authority who are covered by a collective bargaining unit in 48272
which they were included immediately prior to the conversion and48273
agreement on the effective date of this amendment shall remain 48274
subject to anythat collective bargaining agreement for that unit 48275
in effect on the first day of July of the year in which the 48276
community school initially begins operation and shall be subject 48277
to any subsequentuntil the collective bargaining agreement for 48278
that unit, unless a petition is certified as sufficient under 48279
division (A)(6) of this section with regard to those employees. 48280
Any new employees of the community school shall also be included 48281
in the unit to which they would have been assigned had not the 48282
conversion taken place and shall be subject to the collective 48283
bargaining agreement for that unit unless a petition is certified 48284
as sufficient under division (A)(6) of this section with regard to 48285
those employeesexpires on its terms. Upon expiration of the 48286
collective bargaining agreement, the employees are not subject to 48287
Chapter 4117. of the Revised Code and may not organize or 48288
collectively bargain pursuant to that chapter.48289

       Notwithstanding division (B) of section 4117.01 of the 48290
Revised Code, the board of education of a school district and not 48291
the governing authority of a community school shall be regarded, 48292
for purposes of Chapter 4117. of the Revised Code, as the "public 48293
employer" of the employees of a conversion community school 48294
subject to a collective bargaining agreement pursuant to division 48295
(A)(3) of this section unless a petition is certified under 48296
division (A)(6) of this section with regard to those employees. 48297
Only on and after the effective date of a petition certified as 48298
sufficient under division (A)(6) of this section shall division 48299
(A)(2) of this section apply to those employees of that community 48300
school and only on and after the effective date of that petition 48301
shall Chapter 4117. of the Revised Code apply to the governing 48302
authority of that community school with regard to those employees.48303

       (4) Notwithstanding sections 4117.03 to 4117.18 of the 48304
Revised Code and Section 4 of Amended Substitute Senate Bill No. 48305
133 of the 115th general assembly, the employees of a conversion 48306
community school who are subject to a collective bargaining 48307
agreement pursuant to division (A)(3) of this section shall cease 48308
to be subject to that agreement and all subsequent agreements 48309
pursuant to that division and shall cease to be part of the 48310
collective bargaining unit that is subject to that and all 48311
subsequent agreements, if a majority of the employees of that 48312
community school who are subject to that collective bargaining 48313
agreement sign and submit to the state employment relations board 48314
a petition requesting all of the following:48315

       (a) That all the employees of the community school who are 48316
subject to that agreement be removed from the bargaining unit that 48317
is subject to that agreement and be designated by the state 48318
employment relations board as a new and separate bargaining unit 48319
for purposes of Chapter 4117. of the Revised Code; 48320

       (b) That the employee organization certified as the exclusive 48321
representative of the employees of the bargaining unit from which 48322
the employees are to be removed be certified as the exclusive 48323
representative of the new and separate bargaining unit for 48324
purposes of Chapter 4117. of the Revised Code; 48325

       (c) That the governing authority of the community school be 48326
regarded as the "public employer" of these employees for purposes 48327
of Chapter 4117. of the Revised Code. 48328

       (5) Notwithstanding sections 4117.03 to 4117.18 of the 48329
Revised Code and Section 4 of Amended Substitute Senate Bill No. 48330
133 of the 115th general assembly, the employees of a conversion 48331
community school who are subject to a collective bargaining 48332
agreement pursuant to division (A)(3) of this section shall cease 48333
to be subject to that agreement and all subsequent agreements 48334
pursuant to that division, shall cease to be part of the 48335
collective bargaining unit that is subject to that and all 48336
subsequent agreements, and shall cease to be represented by any 48337
exclusive representative of that collective bargaining unit, if a 48338
majority of the employees of the community school who are subject 48339
to that collective bargaining agreement sign and submit to the 48340
state employment relations board a petition requesting all of the 48341
following:48342

       (a) That all the employees of the community school who are 48343
subject to that agreement be removed from the bargaining unit that 48344
is subject to that agreement; 48345

       (b) That any employee organization certified as the exclusive 48346
representative of the employees of that bargaining unit be 48347
decertified as the exclusive representative of the employees of 48348
the community school who are subject to that agreement;48349

       (c) That the governing authority of the community school be 48350
regarded as the "public employer" of these employees for purposes 48351
of Chapter 4117. of the Revised Code.48352

       (6) Upon receipt of a petition under division (A)(4) or (5) 48353
of this section, the state employment relations board shall check 48354
the sufficiency of the signatures on the petition. If the 48355
signatures are found sufficient, the board shall certify the 48356
sufficiency of the petition and so notify the parties involved, 48357
including the board of education, the governing authority of the 48358
community school, and any exclusive representative of the 48359
bargaining unit. The changes requested in a certified petition 48360
shall take effect on the first day of the month immediately 48361
following the date on which the sufficiency of the petition is 48362
certified under division (A)(6) of this section. 48363

       (B)(1) The board of education of each city, local, and 48364
exempted village school district sponsoring a community school and 48365
the governing board of each educational service center in which a 48366
community school is located shall adopt a policy that provides a 48367
leave of absence of at least three years to each teacher or 48368
nonteaching employee of the district or service center who is 48369
employed by the government authority of a conversion or new 48370
start-up community school sponsored by the district or located in 48371
the district or center for the period during which the teacher or 48372
employee is continuously employed by the community school. The 48373
policy shall also provide that any teacher or nonteaching employee 48374
may return to employment by the district or service center if the 48375
teacher or employee leaves or is discharged from employment with 48376
the community school for any reason, unless, in the case of a 48377
teacher, the board of the district or service center determines 48378
that the teacher was discharged for a reason for which the board 48379
would have sought to discharge the teacher under section 3319.16 48380
of the Revised Code, in which case the board may proceed to 48381
discharge the teacher utilizing the procedures of that section. 48382
Upon termination of such a leave of absence, any seniority that is 48383
applicable to the person shall be calculated to include all of the 48384
following: all employment by the district or service center prior 48385
to the leave of absence; all employment by the community school 48386
during the leave of absence; and all employment by the district or 48387
service center after the leave of absence. The policy shall also 48388
provide that if any teacher holding valid certification returns to 48389
employment by the district or service center upon termination of 48390
such a leave of absence, the teacher shall be restored to the 48391
previous position and salary or to a position and salary similar 48392
thereto. If, as a result of teachers returning to employment upon 48393
termination of such leaves of absence, a school district or 48394
educational service center reduces the number of teachers it 48395
employs, it shall make such reductions in accordance with section 48396
3319.17 or, if applicable, 3319.171 of the Revised Code.48397

       Unless a collective bargaining agreement providing otherwise 48398
is in effect for an employee of a conversion community school 48399
pursuant to division (A)(3) of this section, anAn employee on a 48400
leave of absence pursuant to this division shall remain eligible 48401
for any benefits that are in addition to benefits under Chapter 48402
3307. or 3309. of the Revised Code provided by the district or 48403
service center to its employees provided the employee pays the 48404
entire cost associated with such benefits, except that personal 48405
leave and vacation leave cannot be accrued for use as an employee 48406
of a school district or service center while in the employ of a 48407
community school unless the district or service center board 48408
adopts a policy expressly permitting this accrual.48409

       (2) While on a leave of absence pursuant to division (B)(1) 48410
of this section, a conversion community school shall permit a 48411
teacher to use sick leave accrued while in the employ of the 48412
school district from which the leave of absence was taken and 48413
prior to commencing such leave. If a teacher who is on such a 48414
leave of absence uses sick leave so accrued, the cost of any 48415
salary paid by the community school to the teacher for that time 48416
shall be reported to the department of education. The cost of 48417
employing a substitute teacher for that time shall be paid by the 48418
community school. The department of education shall add amounts to 48419
the payments made to a community school under this chapter as 48420
necessary to cover the cost of salary reported by a community 48421
school as paid to a teacher using sick leave so accrued pursuant 48422
to this section. The department shall subtract the amounts of any 48423
payments made to community schools under this division from 48424
payments made to such sponsoring school district under Chapters 48425
3306. andChapter 3317. of the Revised Code.48426

       A school district providing a leave of absence and employee 48427
benefits to a person pursuant to this division is not liable for 48428
any action of that person while the person is on such leave and 48429
employed by a community school.48430

       Sec. 3314.13.  Payments and deductions under this section for 48431
fiscal years 20102012 and 20112013 shall be made in accordance 48432
with section 3314.088 of the Revised Code.48433

       (A) As used in this section:48434

       (1) "All-day kindergarten" has the same meaning as in section 48435
3317.029 of the Revised Code.48436

       (2) "Formula amount" has the same meaning as in section 48437
3317.02 of the Revised Code.48438

       (B) Except as provided in division (C) of this section, the 48439
department of education annually shall pay each community school 48440
established under this chapter one-half of the formula amount for 48441
each student to whom both of the following apply:48442

       (1) The student is entitled to attend school under section 48443
3313.64 or 3313.65 of the Revised Code in a school district that 48444
is eligible to receive a payment under division (D) of section 48445
3317.029 of the Revised Code if it provides all-day kindergarten;48446

       (2) The student is reported by the community school as 48447
enrolled in all-day kindergarten at the community school.48448

       (C) The department shall make no payments under this section 48449
to any internet- or computer-based community school.48450

       (D) If a student for whom payment is made under division (B) 48451
of this section is entitled to attend school in a district that 48452
receives any payment for all-day kindergarten under division (D) 48453
of section 3317.029 of the Revised Code, the department shall 48454
deduct the payment to the community school under this section from 48455
the amount paid that school district under that division. If that 48456
school district does not receive payment for all-day kindergarten 48457
under that division because it does not provide all-day 48458
kindergarten, the department shall pay the community school from 48459
state funds appropriated generally for poverty-based assistance to 48460
school districts.48461

       (E) The department shall adjust the amounts deducted from 48462
school districts and paid to community schools under this section 48463
to reflect any enrollments of students in all-day kindergarten in 48464
community schools for less than the equivalent of a full school 48465
year.48466

       Sec. 3314.19.  The sponsor of each community school annually 48467
shall provide the following assurances in writing to the 48468
department of education not later than ten businessfive days 48469
prior to the opening of the school:48470

       (A) That a current copy of the contract between the sponsor 48471
and the governing authority of the school entered into under 48472
section 3314.03 of the Revised Code has been filed with the state 48473
office of community schools established under section 3314.11 of 48474
the Revised Code and that any subsequent modifications to that 48475
contract will be filed with the office;48476

       (B) That the school has submitted to the sponsor a plan for 48477
providing special education and related services to students with 48478
disabilities and has demonstrated the capacity to provide those 48479
services in accordance with Chapter 3323. of the Revised Code and 48480
federal law, as measured on an instructional-period basis;48481

       (C) That the school has a plan and procedures for 48482
administering the achievement and diagnostic assessments 48483
prescribed by sections 3301.0710, 3301.0712, and 3301.0715 of the 48484
Revised Code;48485

       (D) That school personnel have the necessary training, 48486
knowledge, and resources to properly use and submit information to 48487
all databases maintained by the department for the collection of 48488
education data, including the education management information 48489
system established under section 3301.0714 of the Revised Code in 48490
accordance with methods and timelines established under section 48491
3314.17 of the Revised Code;48492

       (E) That all required information about the school has been 48493
submitted to the Ohio education directory system or any successor 48494
system;48495

       (F) That the school will enroll at least the minimum number 48496
of students required by division (A)(11)(a) of section 3314.03 of 48497
the Revised Code in the school year for which the assurances are 48498
provided;48499

       (G) That all classroom teachers are licensed in accordance 48500
with sections 3319.22 to 3319.31 of the Revised Code, except for 48501
noncertificated persons engaged to teach up to twelve hours per 48502
week pursuant to section 3319.301 of the Revised Code;48503

       (H) That the school's fiscal officer is in compliance with 48504
section 3314.011 of the Revised Code;48505

       (I) That the school has complied with sections 3319.39 and 48506
3319.391 of the Revised Code with respect to all employees and 48507
that the school has conducted a criminal records check of each of 48508
its governing authority members;48509

       (J) That the school holds all of the following:48510

       (1) Proof of property ownership or a lease for the facilities 48511
used by the school;48512

       (2) A certificate of occupancy;48513

       (3) Liability insurance for the school, as required by 48514
division (A)(11)(b) of section 3314.03 of the Revised Code, that 48515
the sponsor considers sufficient to indemnify the school's 48516
facilities, staff, and governing authority against risk;48517

       (4) A satisfactory health and safety inspection;48518

       (5) A satisfactory fire inspection;48519

       (6) A valid food permit, if applicable.48520

       (K) That the sponsor has conducted a pre-opening site visit 48521
to the school for the school year for which the assurances are 48522
provided;48523

       (L) That the school has designated a date it will open for 48524
the school year for which the assurances are provided that is in 48525
compliance with division (A)(25) of section 3314.03 of the Revised 48526
Code;48527

       (M) That the school has met all of the sponsor's requirements 48528
for opening and any other requirements of the sponsor.48529

       Sec. 3314.22. (A)(1) Each household with a child enrolled in 48530
an internet- or computer-based community school is entitled to a48531
at least one computer supplied by the school; however. If there 48532
are at least three children enrolled in an internet- or 48533
computer-based community school residing in the same household, 48534
the household shall be entitled to at least one additional 48535
computer supplied by the school. However, the parent of any child 48536
enrolled in the school may waive this entitlement in the manner 48537
specified in division (A)(3)(2) of this section. In no case shall 48538
an internet- or computer-based community school provide a stipend 48539
or other substitute to the household of an enrolled child or the 48540
child's parent in lieu of supplying a computer to the childor 48541
computers to the household as required by this section. The 48542
prohibition contained in the preceding sentence is intended to 48543
clarify the meaning of this division as it existed prior to 48544
September 29, 2005, and is not intended to change that meaning in 48545
any way.48546

       (2) Notwithstanding division (A)(1) of this section, if more 48547
than one child living in a single residence is enrolled in an 48548
internet- or computer-based community school, at the option of the 48549
parent of those children, the school may supply less than one 48550
computer per child, as long as at least one computer is supplied 48551
to the residence. An internet- or computer-based community school 48552
may supply no computer at all only if the parent has waived the 48553
entitlement prescribed in division (A)(1) of this section in the 48554
manner specified in division (A)(3) of this section. The parent 48555
may amend the decision to accept less than one computer per child 48556
anytime during the school year, and, in such case, within thirty 48557
days after the parent notifies the school of such amendment, the 48558
school shall provide any additiona1 computers requested by the 48559
parent up to the number necessary to comply with division (A)(1) 48560
of this section.48561

       (3) The parent of any child enrolled in an internet- or 48562
computer-based community school may waive the entitlement to one 48563
computer per child, and have no computer at all supplied by the 48564
schoola computer or computers as specified in division (A)(1) of 48565
this section, if the school and parent set forth that waiver in 48566
writing with both parties attesting that there is a computer 48567
available to the child in the child's residence with sufficient 48568
hardware, software, programming, and connectivity so that the 48569
child may fully participate in all of the learning opportunities 48570
offered to the child by the school. The parent may amend the 48571
decision to waive the entitlement at any time during the school 48572
year and, in such case, within thirty days after the parent 48573
notifies the school of that decision, the school shall provide any 48574
additional computers requested by the parent up to the number 48575
necessary to comply with division (A)(1) of this section, 48576
regardless of whether there is any change in the conditions 48577
attested to in the waiver.48578

       (4)(3) A copy of a waiver executed under division (A)(3)(2)48579
of this section shall be retained by the internet- or 48580
computer-based community school and the parent who attested to the 48581
conditions prescribed in that division. The school shall submit a 48582
copy of the waiver to the office of community schools, established 48583
under section 3314.11 of the Revised Code, immediately upon 48584
execution of the waiver. 48585

       (5)(4) The school shall notify the office of community 48586
schools, in the manner specified by the office, of any parent's 48587
decision under division (A)(2) of this section to accept less than 48588
one computer per child or the parent's amendment to that decision, 48589
and of any parent's decision to amend the waiver executed under 48590
division (A)(3)(2) of this section.48591

       (B) Each internet- or computer-based community school shall 48592
provide to each parent who is considering enrolling the parent's 48593
child in the school and to the parent of each child already 48594
enrolled in the school a written notice of the provisions 48595
prescribed in division (A) of this section.48596

       (C) If a community school that is not an internet- or 48597
computer-based community school provides any of its enrolled 48598
students with nonclassroom-based learning opportunities provided 48599
via an internet- or other computer-based instructional method and 48600
requires such students to participate in any of those learning 48601
opportunities from their residences, the school shall be subject 48602
to this section and division (C)(1) of section 3314.21 of the 48603
Revised Code relative to each such student in the same manner as 48604
an internet- or computer-based community school, unless both of 48605
the following conditions apply to the student:48606

        (1) The nonclassroom-based learning opportunities in which 48607
the student is required to participate from the student's 48608
residence are supplemental in nature or do not constitute a 48609
significant portion of the total classroom-based and 48610
nonclassroom-based learning opportunities provided to the student 48611
by the school;48612

        (2) The student's residence is equipped with a computer 48613
available for the student's use.48614

       Sec. 3314.26. (A) Each internet- or computer-based community 48615
school shall withdraw from the school any student who, for two 48616
consecutive school years, has failed to participate in the spring 48617
administration of any assessment prescribed under section 48618
3301.0710 or 3301.0712 of the Revised Code for the student's grade 48619
level and was not excused from the assessment pursuant to division 48620
(C)(1) or (3) of section 3301.0711 of the Revised Code, regardless 48621
of whether a waiver was granted for the student under division 48622
(P)(3) of section 3314.08 of the Revised Code. The school shall 48623
report any such student's data verification code, as assigned 48624
pursuant to section 3301.0714 of the Revised Code, to the 48625
department of education. The department shall maintain a list of 48626
all data verification codes reported under this division and 48627
section 3313.6410 of the Revised Code and provide that list to 48628
each internet- or computer-based community school and to each 48629
school to which section 3313.6410 of the Revised Code applies. 48630
Each internet- or computer-based school shall withdraw a student 48631
under this section not later than the end of the second 48632
consecutive school year in which the student has failed to 48633
participate in the spring administration of assessments as 48634
specified under this section.48635

        (B) No internet- or computer-based community school shall 48636
receive any state funds under this chapter for any enrolled 48637
student whose data verification code appears on the list 48638
maintained by the department under division (A) of this section.48639

       Notwithstanding any provision of the Revised Code to the 48640
contrary, the parent of any such student shall pay tuition to the 48641
internet- or computer-based community school in an amount equal to 48642
the state funds the school otherwise would receive for that 48643
student, as determined by the department. An internet- or 48644
computer-based community school may withdraw any student for whom 48645
the parent does not pay tuition as required by this division.48646

       Sec. 3314.35.  (A)(1) Except as provided in division (A)(3) 48647
of this section, this section applies to any community school that 48648
meets one of the following criteria after July 1, 2008, but before 48649
July 1, 2009:48650

       (a) The school does not offer a grade level higher than three 48651
and has been declared to be in a state of academic emergency under 48652
section 3302.03 of the Revised Code for four consecutive school 48653
years.48654

       (b) The school satisfies all of the following conditions:48655

       (i) The school offers any of grade levels four to eight but 48656
does not offer a grade level higher than nine.48657

       (ii) The school has been declared to be in a state of 48658
academic emergency under section 3302.03 of the Revised Code for 48659
three consecutive school years.48660

       (iii) For two of those school years, the school showed less 48661
than one standard year of academic growth in either reading or 48662
mathematics, as determined by the department of education in 48663
accordance with rules adopted under division (A) of section 48664
3302.021 of the Revised Code.48665

       (c) The school satisfies all of the following conditions:48666

       (i) The school offers any of grade levels ten to twelve.48667

       (ii) The school has been declared to be in a state of 48668
academic emergency under section 3302.03 of the Revised Code for 48669
three consecutive school years.48670

       (iii) For two of those school years, the school showed less 48671
than two standard years of academic growth in either reading or 48672
mathematics, as determined by the department in accordance with 48673
rules adopted under division (A) of section 3302.021 of the 48674
Revised Code.48675

       (2) Except as provided in division (A)(3) of this section, 48676
this section applies to any community school that meets one of the 48677
following criteria after July 1, 2009, but before July 1, 2011:48678

       (a) The school does not offer a grade level higher than three 48679
and has been declared to be in a state of academic emergency under 48680
section 3302.03 of the Revised Code for three of the four most 48681
recent school years.48682

       (b) The school satisfies all of the following conditions:48683

       (i) The school offers any of grade levels four to eight but 48684
does not offer a grade level higher than nine.48685

       (ii) The school has been declared to be in a state of 48686
academic emergency under section 3302.03 of the Revised Code for 48687
two of the three most recent school years.48688

       (iii) In at least two of the three most recent school years, 48689
the school showed less than one standard year of academic growth 48690
in either reading or mathematics, as determined by the department 48691
of education in accordance with rules adopted under division (A) 48692
of section 3302.021 of the Revised Code.48693

       (c) The school offers any of grade levels ten to twelve and 48694
has been declared to be in a state of academic emergency under 48695
section 3302.03 of the Revised Code for three of the four most 48696
recent school years.48697

       (2) Except as provided in division (A)(3) of this section, 48698
this section applies to any community school that meets one of the 48699
following criteria after July 1, 2011:48700

       (a) The school does not offer a grade level higher than three 48701
and has been declared to be in a state of academic emergency under 48702
section 3302.03 of the Revised Code for two of the three most 48703
recent school years.48704

       (b) The school satisfies all of the following conditions:48705

       (i) The school offers any of grade levels four to eight but 48706
does not offer a grade level higher than nine.48707

       (ii) The school has been declared to be in a state of 48708
academic emergency under section 3302.03 of the Revised Code for 48709
two of the three most recent school years.48710

       (iii) In at least two of the three most recent school years, 48711
the school showed less than one standard year of academic growth 48712
in either reading or mathematics, as determined by the department 48713
in accordance with rules adopted under division (A) of section 48714
3302.021 of the Revised Code.48715

       (c) The school offers any of grade levels ten to twelve and 48716
has been declared to be in a state of academic emergency under 48717
section 3302.03 of the Revised Code for two of the three most 48718
recent school years.48719

       (3) This section does not apply to either of the following:48720

       (a) Any community school in which a majority of the students 48721
are enrolled in a dropout prevention and recovery program that is 48722
operated by the school and that has been granted a waiver under 48723
section 3314.36 of the Revised Code;48724

       (b) Any community school in which a majority of the enrolled 48725
students are children with disabilities receiving special 48726
education and related services in accordance with Chapter 3323. of 48727
the Revised Code.48728

       (B) Any community school to which this section applies shall 48729
permanently close at the conclusion of the school year in which 48730
the school first becomes subject to this section. The sponsor and 48731
governing authority of the school shall comply with all procedures 48732
for closing a community school adopted by the department under 48733
division (E) of section 3314.015 of the Revised Code. The 48734
governing authority of the school shall not enter into a contract 48735
with any other sponsor under section 3314.03 of the Revised Code 48736
after the school closes.48737

       (C) Not later than July 1, 2008, the department shall 48738
determine the feasibility of using the value-added progress 48739
dimension, as defined in section 3302.01 of the Revised Code, as a 48740
factor in evaluating the academic performance of community schools 48741
described in division (A)(1)(c)(i) of this section. 48742
Notwithstanding divisions (A)(1)(c)(ii) and (iii) of this section, 48743
if the department determines that using the value-added progress 48744
dimension to evaluate community schools described in division 48745
(A)(1)(c)(i) of this section is not feasible, a community school 48746
described in that division shall be required to permanently close 48747
under this section only if it has been declared to be in a state 48748
of academic emergency under section 3302.03 of the Revised Code 48749
for four consecutive school years.48750

       (D) In accordance with division (B) of section 3314.012 of 48751
the Revised Code, the department shall not consider the 48752
performance ratings assigned to a community school for its first 48753
two years of operation when determining whether the school meets 48754
the criteria prescribed by division (A)(1) or (2) of this section. 48755
The department shall reevaluate each community school that the 48756
department directed to close at the conclusion of the 2009-2010 48757
school year to determine if the school still meets the criteria 48758
prescribed by division (A)(2) of this section when the school's 48759
performance ratings for its first two years of operation are not 48760
considered and, if the school no longer meets those criteria, the 48761
department shall not require the school to close at the conclusion 48762
of that school year.48763

       Sec. 3314.36. (A) Section 3314.35 of the Revised Code does 48764
not apply to any community school in which a majority of the 48765
students are enrolled in a dropout prevention and recovery program 48766
that is operated by the school and that has been granted a waiver 48767
by the department of education. The department shall grant a 48768
waiver to a dropout prevention and recovery program, within sixty 48769
days after the program applies for the waiver, if the program 48770
meets all of the following conditions:48771

       (1) The program serves only students not younger than sixteen 48772
years of age and not older than twenty-one years of age.48773

       (2) The program enrolls students who, at the time of their 48774
initial enrollment, either, or both, are at least one grade level 48775
behind their cohort age groups or experience crises that 48776
significantly interfere with their academic progress such that 48777
they are prevented from continuing their traditional programs.48778

       (3) The program requires students to attain at least the 48779
applicable score designated for each of the assessments prescribed 48780
under division (B)(1) of section 3301.0710 of the Revised Code or, 48781
to the extent prescribed by rule of the state board of education 48782
under division (E)(D)(6) of section 3301.0712 of the Revised 48783
Code, division (B)(2) of that section.48784

       (4) The program develops an individual career plan for the 48785
student that specifies the student's matriculating to a two-year 48786
degree program, acquiring a business and industry credential, or 48787
entering an apprenticeship.48788

       (5) The program provides counseling and support for the 48789
student related to the plan developed under division (A)(4) of 48790
this section during the remainder of the student's high school 48791
experience.48792

       (6) Prior to receiving the waiver, the program has submitted 48793
to the department an instructional plan that demonstrates how the 48794
academic content standards adopted by the state board of education 48795
under section 3301.079 of the Revised Code will be taught and 48796
assessed.48797

       If the department does not act either to grant the waiver or 48798
to reject the program application for the waiver within sixty days 48799
as required under this section, the waiver shall be considered to 48800
be granted.48801

       (B) Notwithstanding division (A) of this section, the 48802
department shall not grant a waiver to any community school that 48803
did not qualify for a waiver under this section when it initially 48804
began operations, unless the state board of education approves the 48805
waiver.48806

       Sec. 3314.38.  An individual who is at least twenty-two but 48807
younger than thirty years of age and who has not been awarded a 48808
high school diploma or a certificate of high school equivalence, 48809
as defined in section 4109.06 of the Revised Code, may enroll in a 48810
dropout prevention and recovery program operated by a community 48811
school that has been granted a waiver under section 3314.36 of the 48812
Revised Code for the same educational program offered to students 48813
who are entitled to attend school in a school district under 48814
section 3313.64 or 3313.65 of the Revised Code for up to two 48815
cumulative school years. The community school shall include that 48816
individual in the school's student enrollment reported under 48817
division (B) of section 3314.08 of the Revised Code. The community 48818
school shall receive the amounts attributable to the individual's 48819
enrollment prescribed by division (D) of section 3314.08 of the 48820
Revised Code paid from funds specifically appropriated for that 48821
purpose.48822

       Sec. 3314.50.  If the governing authority of a community 48823
school contracts with an operator, all of the following shall 48824
apply:48825

       (A) The governing authority may delegate any or all of the 48826
rights, duties, and responsibilities of the governing authority to 48827
the operator.48828

       (B) Upon the expiration of the contract, the governing 48829
authority shall offer the operator the opportunity to renew the 48830
contract prior to soliciting services from any other operator.48831

       (C) The operator shall have standing to bring an action or 48832
proceeding in any court concerning the school's operations or the 48833
renewal, nonrenewal, or termination of the governing authority's 48834
contract with the school's sponsor entered into under section 48835
3314.03 of the Revised Code, or to appear in any such action or 48836
proceeding.48837

       Sec. 3315.01.  (A) Except as provided in division (B) of this 48838
section and notwithstanding sections 3315.12 and 3315.14 of the 48839
Revised Code, the board of education of any school district may 48840
adopt a resolution requiring the treasurer of the district to 48841
credit the earnings made on the investment of the principal of the 48842
moneys specified in the resolution to the fund from which the 48843
earnings arose or any other fund of the district as the board 48844
specifies in its resolution.48845

       (B) This section does not apply to the earnings made on the 48846
investment of the bond retirement fund, the sinking fund, a 48847
project construction fund established pursuant to sections 3318.01 48848
to 3318.20 of the Revised Code, or the payments received by school 48849
districts pursuant to division (I)(E) of section 3317.024 of the 48850
Revised Code.48851

       Sec. 3316.041.  (A) Notwithstanding any provision of Chapter 48852
133. or sections 3313.483 to 3313.4811 of the Revised Code, and 48853
subject to the approval of the superintendent of public 48854
instruction, a school district that is in a state of fiscal watch 48855
declared under section 3316.03 of the Revised Code may restructure 48856
or refinance loans obtained or in the process of being obtained 48857
under section 3313.483 of the Revised Code if all of the following 48858
requirements are met:48859

       (1) The operating deficit certified for the school district 48860
for the current or preceding fiscal year under section 3313.483 of 48861
the Revised Code exceeds fifteen per cent of the district's 48862
general revenue fund for the fiscal year preceding the year for 48863
which the certification of the operating deficit is made.48864

       (2) The school district voters have, during the period of the 48865
fiscal watch, approved the levy of a tax under section 718.09, 48866
718.10, 5705.194, 5705.21, or 5748.02 of the Revised Code that is 48867
not a renewal or replacement levy, or a levy under section 48868
5705.199 of the Revised Code, and that will provide new operating 48869
revenue.48870

       (3) The board of education of the school district has adopted 48871
or amended the financial plan required by section 3316.04 of the 48872
Revised Code to reflect the restructured or refinanced loans, and 48873
sets forth the means by which the district will bring projected 48874
operating revenues and expenditures, and projected debt service 48875
obligations, into balance for the life of any such loan.48876

       (B) Subject to the approval of the superintendent of public 48877
instruction, the school district may issue securities to evidence 48878
the restructuring or refinancing authorized by this section. Such 48879
securities may extend the original period for repayment not to 48880
exceed ten years, and may alter the frequency and amount of 48881
repayments, interest or other financing charges, and other terms 48882
or agreements under which the loans were originally contracted, 48883
provided the loans received under sections 3313.483 of the Revised 48884
Code are repaid from funds the district would otherwise receive 48885
under Chapter 3306.3317. of the Revised Code, as required under 48886
division (E)(3) of section 3313.483 of the Revised Code. 48887
Securities issued for the purpose of restructuring or refinancing 48888
under this section shall be repaid in equal payments and at equal 48889
intervals over the term of the debt and are not eligible to be 48890
included in any subsequent proposal to restructure or refinance.48891

       (C) Unless the district is declared to be in a state of 48892
fiscal emergency under division (D) of section 3316.04 of the 48893
Revised Code, a school district shall remain in a state of fiscal 48894
watch for the duration of the repayment period of any loan 48895
restructured or refinanced under this section.48896

       Sec. 3316.06.  (A) Within one hundred twenty days after the 48897
first meeting of a school district financial planning and 48898
supervision commission, the commission shall adopt a financial 48899
recovery plan regarding the school district for which the 48900
commission was created. During the formulation of the plan, the 48901
commission shall seek appropriate input from the school district 48902
board and from the community. This plan shall contain the 48903
following:48904

       (1) Actions to be taken to:48905

       (a) Eliminate all fiscal emergency conditions declared to 48906
exist pursuant to division (B) of section 3316.03 of the Revised 48907
Code;48908

       (b) Satisfy any judgments, past-due accounts payable, and all 48909
past-due and payable payroll and fringe benefits;48910

       (c) Eliminate the deficits in all deficit funds, except that 48911
any prior year deficits in the capital and maintenance fund 48912
established pursuant to section 3315.18 of the Revised Code shall 48913
be forgiven;48914

       (d) Restore to special funds any moneys from such funds that 48915
were used for purposes not within the purposes of such funds, or 48916
borrowed from such funds by the purchase of debt obligations of 48917
the school district with the moneys of such funds, or missing from 48918
the special funds and not accounted for, if any;48919

       (e) Balance the budget, avoid future deficits in any funds, 48920
and maintain on a current basis payments of payroll, fringe 48921
benefits, and all accounts;48922

       (f) Avoid any fiscal emergency condition in the future;48923

       (g) Restore the ability of the school district to market 48924
long-term general obligation bonds under provisions of law 48925
applicable to school districts generally.48926

       (2) The management structure that will enable the school 48927
district to take the actions enumerated in division (A)(1) of this 48928
section. The plan shall specify the level of fiscal and management 48929
control that the commission will exercise within the school 48930
district during the period of fiscal emergency, and shall 48931
enumerate respectively, the powers and duties of the commission 48932
and the powers and duties of the school board during that period. 48933
The commission may elect to assume any of the powers and duties of 48934
the school board it considers necessary, including all powers 48935
related to personnel, curriculum, and legal issues in order to 48936
successfully implement the actions described in division (A)(1) of 48937
this section.48938

       (3) The target dates for the commencement, progress upon, and 48939
completion of the actions enumerated in division (A)(1) of this 48940
section and a reasonable period of time expected to be required to 48941
implement the plan. The commission shall prepare a reasonable time 48942
schedule for progress toward and achievement of the requirements 48943
for the plan, and the plan shall be consistent with that time 48944
schedule.48945

       (4) The amount and purpose of any issue of debt obligations 48946
that will be issued, together with assurances that any such debt 48947
obligations that will be issued will not exceed debt limits 48948
supported by appropriate certifications by the fiscal officer of 48949
the school district and the county auditor. Debt obligations 48950
issued pursuant to section 133.301 of the Revised Code shall 48951
include assurances that such debt shall be in an amount not to 48952
exceed the amount certified under division (B) of such section. If 48953
the commission considers it necessary in order to maintain or 48954
improve educational opportunities of pupils in the school 48955
district, the plan may include a proposal to restructure or 48956
refinance outstanding debt obligations incurred by the board under 48957
section 3313.483 of the Revised Code contingent upon the approval, 48958
during the period of the fiscal emergency, by district voters of a 48959
tax levied under section 718.09, 718.10, 5705.194, 5705.21, 48960
5748.02, or 5748.08 of the Revised Code that is not a renewal or 48961
replacement levy, or a levy under section 5705.199 of the Revised 48962
Code, and that will provide new operating revenue. Notwithstanding 48963
any provision of Chapter 133. or sections 3313.483 to 3313.4811 of 48964
the Revised Code, following the required approval of the district 48965
voters and with the approval of the commission, the school 48966
district may issue securities to evidence the restructuring or 48967
refinancing. Those securities may extend the original period for 48968
repayment, not to exceed ten years, and may alter the frequency 48969
and amount of repayments, interest or other financing charges, and 48970
other terms of agreements under which the debt originally was 48971
contracted, at the discretion of the commission, provided that any 48972
loans received pursuant to section 3313.483 of the Revised Code 48973
shall be paid from funds the district would otherwise receive 48974
under Chapter 3306.3317. of the Revised Code, as required under 48975
division (E)(3) of section 3313.483 of the Revised Code. The 48976
securities issued for the purpose of restructuring or refinancing 48977
the debt shall be repaid in equal payments and at equal intervals 48978
over the term of the debt and are not eligible to be included in 48979
any subsequent proposal for the purpose of restructuring or 48980
refinancing debt under this section.48981

       (B) Any financial recovery plan may be amended subsequent to 48982
its adoption. Each financial recovery plan shall be updated 48983
annually.48984

       (C) Each school district financial planning and supervision 48985
commission shall submit the financial recovery plan it adopts or 48986
updates under this section to the state superintendent of public 48987
instruction for approval immediately following its adoption or 48988
updating. The state superintendent shall evaluate the plan and 48989
either approve or disapprove it within thirty calendar days from 48990
the date of its submission. If the plan is disapproved, the state 48991
superintendent shall recommend modifications that will render it 48992
acceptable. No financial planning and supervision commission shall 48993
implement a financial recovery plan that is adopted or updated on 48994
or after April 10, 2001, unless the state superintendent has 48995
approved it.48996

       Sec. 3316.20.  (A)(1) The school district solvency assistance 48997
fund is hereby created in the state treasury, to consist of such 48998
amounts designated for the purposes of the fund by the general 48999
assembly. The fund shall be used to provide assistance and grants 49000
to school districts to enable them to remain solvent and to pay 49001
unforeseeable expenses of a temporary or emergency nature that 49002
they are unable to pay from existing resources.49003

       (2) There is hereby created within the fund an account known 49004
as the school district shared resource account, which shall 49005
consist of money appropriated to it by the general assembly. The 49006
money in the account shall be used solely for solvency assistance 49007
to school districts that have been declared under division (B) of 49008
section 3316.03 of the Revised Code to be in a state of fiscal 49009
emergency.49010

       (3) There is hereby created within the fund an account known 49011
as the catastrophic expenditures account, which shall consist of 49012
money appropriated to the account by the general assembly plus all 49013
investment earnings of the fund. Money in the account shall be 49014
used solely for the following:49015

       (a) Solvency assistance to school districts that have been 49016
declared under division (B) of section 3316.03 of the Revised Code 49017
to be in a state of fiscal emergency, in the event that all money 49018
in the shared resource account is utilized for solvency 49019
assistance;49020

       (b) Grants to school districts under division (C) of this 49021
section.49022

       (B) Solvency assistance payments under division (A)(2) or 49023
(3)(a) of this section shall be made from the fund by the 49024
superintendent of public instruction in accordance with rules 49025
adopted by the director of budget and management, after consulting 49026
with the superintendent, specifying approval criteria and 49027
procedures necessary for administering the fund.49028

       The fund shall be reimbursed for any solvency assistance 49029
amounts paid under division (A)(2) or (3)(a) of this section not 49030
later than the end of the second fiscal year following the fiscal 49031
year in which the solvency assistance payment was made. If not 49032
made directly by the school district, such reimbursement shall be 49033
made by the director of budget and management from the amounts the 49034
school district would otherwise receive pursuant to Chapter 3306.49035
3317. of the Revised Code, or from any other funds appropriated 49036
for the district by the general assembly. Reimbursements shall be 49037
credited to the respective account from which the solvency 49038
assistance paid to the district was deducted.49039

       (C) The superintendent of public instruction may make 49040
recommendations, and the controlling board may grant money from 49041
the catastrophic expenditures account to any school district that 49042
suffers an unforeseen catastrophic event that severely depletes 49043
the district's financial resources. The superintendent shall make 49044
recommendations for the grants in accordance with rules adopted by 49045
the director of budget and management, after consulting with the 49046
superintendent. A school district shall not be required to repay 49047
any grant awarded to the district under this division, unless the 49048
district receives money from this state or a third party, 49049
including an agency of the government of the United States, 49050
specifically for the purpose of compensating the district for 49051
revenue lost or expenses incurred as a result of the unforeseen 49052
catastrophic event. If a school district receives a grant from the 49053
catastrophic expenditures account on the basis of the same 49054
circumstances for which an adjustment or recomputation is 49055
authorized under section 3317.025, 3317.026, 3317.027, 3317.028, 49056
3317.0210, or 3317.0211 of the Revised Code, the department of 49057
education shall reduce the adjustment or recomputation by an 49058
amount not to exceed the total amount of the grant, and an amount 49059
equal to the reduction shall be transferred, from the funding 49060
source from which the adjustment or recomputation would be paid, 49061
to the catastrophic expenditures account. Any adjustment or 49062
recomputation under such sections that is in excess of the total 49063
amount of the grant shall be paid to the school district.49064

       Sec. 3316.21.  (A) If a school district has been declared to 49065
be in a state of fiscal emergency by the auditor of state under 49066
section 3316.03 of the Revised Code, and if the auditor of state 49067
has further determined upon examination of the district's 49068
financial recovery plan that implementing that plan cannot 49069
reasonably be expected to correct and eliminate all of the 49070
district's fiscal emergency conditions within five fiscal years, 49071
the auditor of state shall notify the superintendent of public 49072
instruction of that determination.49073

       (B) Not later than ninety days after the state superintendent 49074
receives the auditor of state's notification under division (A) of 49075
this section, the state superintendent shall develop an operations 49076
plan for the district and submit that plan to the state board of 49077
education for approval. Upon approval of the plan, the state board 49078
shall suspend the charter of the district and shall take over the 49079
operation of the district. The state board shall continue to 49080
operate the school district until such time as the district's 49081
board and its financial planning and supervision commission submit 49082
an acceptable financial recovery plan to the state superintendent 49083
and the auditor of state has determined that the district does 49084
have a plan that can reasonably be expected to correct and 49085
eliminate the district's fiscal emergency conditions within five 49086
fiscal years.49087

       (C) While the state board is operating the district, all of 49088
the following apply:49089

       (1) The state board shall exercise all powers granted to the 49090
school district board under the Revised Code for management and 49091
control of the schools of the district, except for the power to 49092
propose property tax or school district income tax levies under 49093
Title LVII of the Revised Code, and shall carry out such powers in 49094
the place of the district board. 49095

       (2) Subject to approval of the state board, the district 49096
board shall continue to propose tax levies necessary to operate 49097
the district and to resolve the district's fiscal emergency 49098
conditions.49099

       (3) Employees and officers of the district shall be deemed 49100
employees of the state board.49101

       (4) The state board may delegate any management and control 49102
functions of the district to the district's financial planning and 49103
supervision commission.49104

       (5) The state board shall not revoke the charter of the 49105
district or transfer its territory to other districts.49106

       Sec. 3317.01.  As used in this section and section 3317.011 49107
of the Revised Code, "school district," unless otherwise 49108
specified, means any city, local, exempted village, joint 49109
vocational, or cooperative education school district and any 49110
educational service center.49111

       This chapter shall be administered by the state board of 49112
education. The superintendent of public instruction shall 49113
calculate the amounts payable to each school district and shall 49114
certify the amounts payable to each eligible district to the 49115
treasurer of the district as provided by this chapter. As soon as 49116
possible after such amounts are calculated, the superintendent 49117
shall certify to the treasurer of each school district the 49118
district's adjusted charge-off increase, as defined in section 49119
5705.211 of the Revised Code. No moneys shall be distributed 49120
pursuant to this chapter without the approval of the controlling 49121
board.49122

       The state board of education shall, in accordance with 49123
appropriations made by the general assembly, meet the financial 49124
obligations of this chapter.49125

       Moneys distributed pursuant to this chapter shall be 49126
calculated and paid on a fiscal year basis, beginning with the 49127
first day of July and extending through the thirtieth day of June. 49128
The moneys appropriated for each fiscal year shall be distributed 49129
periodically to each school district unless otherwise provided 49130
for. The state board, in June of each year, shall submit a yearly 49131
distribution plan to the controlling board at its first meeting in 49132
July. The state board shall submit any proposed midyear revision 49133
of the plan to the controlling board in January. Any year-end 49134
revision of the plan shall be submitted to the controlling board 49135
in June. If moneys appropriated for each fiscal year are 49136
distributed other than monthly, such distribution shall be on the 49137
same basis for each school districtthe state board's year-end 49138
distributions pursuant to this chapter.49139

       Except as otherwise provided, payments under this chapter 49140
shall be made only to those school districts in which:49141

       (A) The school district, except for any educational service 49142
center and any joint vocational or cooperative education school 49143
district, levies for current operating expenses at least twenty 49144
mills. Levies for joint vocational or cooperative education school 49145
districts or county school financing districts, limited to or to 49146
the extent apportioned to current expenses, shall be included in 49147
this qualification requirement. School district income tax levies 49148
under Chapter 5748. of the Revised Code, limited to or to the 49149
extent apportioned to current operating expenses, shall be 49150
included in this qualification requirement to the extent 49151
determined by the tax commissioner under division (D) of section 49152
3317.021 of the Revised Code.49153

       (B) The school year next preceding the fiscal year for which 49154
such payments are authorized meets the requirement of section 49155
3313.48 or 3313.481 of the Revised Code, with regard to the 49156
minimum number of days or hours school must be open for 49157
instruction with pupils in attendance, for individualized 49158
parent-teacher conference and reporting periods, and for 49159
professional meetings of teachers. This requirement shall be 49160
waived by the superintendent of public instruction if it had been 49161
necessary for a school to be closed because of disease epidemic, 49162
hazardous weather conditions, inoperability of school buses or 49163
other equipment necessary to the school's operation, damage to a 49164
school building, or other temporary circumstances due to utility 49165
failure rendering the school building unfit for school use, 49166
provided that for those school districts operating pursuant to 49167
section 3313.48 of the Revised Code the number of days the school 49168
was actually open for instruction with pupils in attendance and 49169
for individualized parent-teacher conference and reporting periods 49170
is not less than one hundred seventy-five, or for those school 49171
districts operating on a trimester plan the number of days the 49172
school was actually open for instruction with pupils in attendance 49173
not less than seventy-nine days in any trimester, for those school 49174
districts operating on a quarterly plan the number of days the 49175
school was actually open for instruction with pupils in attendance 49176
not less than fifty-nine days in any quarter, or for those school 49177
districts operating on a pentamester plan the number of days the 49178
school was actually open for instruction with pupils in attendance 49179
not less than forty-four days in any pentamester. 49180

       A school district shall not be considered to have failed to 49181
comply with this division or section 3313.481 of the Revised Code 49182
because schools were open for instruction but either twelfth grade 49183
students were excused from attendance for up to three days or only 49184
a portion of the kindergarten students were in attendance for up 49185
to three days in order to allow for the gradual orientation to 49186
school of such students.49187

       The superintendent of public instruction shall waive the 49188
requirements of this section with reference to the minimum number 49189
of days or hours school must be in session with pupils in 49190
attendance for the school year succeeding the school year in which 49191
a board of education initiates a plan of operation pursuant to 49192
section 3313.481 of the Revised Code. The minimum requirements of 49193
this section shall again be applicable to such a district 49194
beginning with the school year commencing the second July 49195
succeeding the initiation of one such plan, and for each school 49196
year thereafter.49197

       A school district shall not be considered to have failed to 49198
comply with this division or section 3313.48 or 3313.481 of the 49199
Revised Code because schools were open for instruction but the 49200
length of the regularly scheduled school day, for any number of 49201
days during the school year, was reduced by not more than two 49202
hours due to hazardous weather conditions.49203

       (C) The school district has on file, and is paying in 49204
accordance with, a teachers' salary schedule which complies with 49205
section 3317.13 of the Revised Code.49206

       A board of education or governing board of an educational 49207
service center which has not conformed with other law and the 49208
rules pursuant thereto, shall not participate in the distribution 49209
of funds authorized by sections 3317.022 to 3317.0211, 3317.11, 49210
3317.16, 3317.17, and 3317.19 of the Revised Codethis chapter, 49211
except for good and sufficient reason established to the 49212
satisfaction of the state board of education and the state 49213
controlling board.49214

       All funds allocated to school districts under this chapter, 49215
except those specifically allocated for other purposes, shall be 49216
used to pay current operating expenses only.49217

       Sec. 3317.013.  Except for a preschool child with a 49218
disability for whom a scholarship has been awarded under section 49219
3310.41 of the Revised Code, this section does not apply to 49220
preschool children with disabilities.49221

       Analysis of special education cost data has resulted in a 49222
finding that the average special education additional cost per 49223
pupil, including the costs of related services, can be expressed 49224
as a multiple of the base cost per pupil calculated under section 49225
3317.012 of the Revised Codeformula amount. The multiples for the 49226
following categories of special education programs, as these 49227
programs are defined for purposes of Chapter 3323. of the Revised 49228
Code, and adjusted as provided in this section, are as follows:49229

       (A) A multiple of 0.28920.2906 for students whose primary or 49230
only identified disability is a speech and language disability, as 49231
this term is defined pursuant to Chapter 3323. of the Revised 49232
Code;49233

       (B) A multiple of 0.36910.7374 for students identified as 49234
specific learning disabled or developmentally disabled, as these 49235
terms are defined pursuant to Chapter 3323. of the Revised Code, 49236
or as having an other health impairment-minor;49237

       (C) A multiple of 1.76951.7716 for students identified as 49238
hearing disabled, vision impaired, or severe behavior disabled, as 49239
these terms are defined pursuant to Chapter 3323. of the Revised 49240
Code;49241

       (D) A multiple of 2.36462.3643 for students identified as49242
orthopedically disabledvision impaired, as this term is defined 49243
pursuant to Chapter 3323. of the Revised Code, or as having an 49244
other health impairment-major;49245

       (E) A multiple of 3.11293.2022 for students identified as 49246
orthopedically disabled or as having multiple disabilities, as49247
this term isthese terms are defined pursuant to Chapter 3323. of 49248
the Revised Code;49249

       (F) A multiple of 4.73424.7205 for students identified as 49250
autistic, having traumatic brain injuries, or as both visually and 49251
hearing impaired, as these terms are defined pursuant to Chapter 49252
3323. of the Revised Code.49253

       In fiscal years 2008, 2009, 2010, and 2011, 2012, and 2013,49254
the multiples specified in divisions (A) to (F) of this section 49255
shall be adjusted by multiplying them by 0.90.49256

       Not later than the thirtieth day of December in 2007, 2008, 49257
and 2009, the department of education shall submit to the office 49258
of budget and management a report that specifies for each city, 49259
local, exempted village, and joint vocational school district the 49260
fiscal year allocation of the state and local shares of special 49261
education and related services additional weighted funding and 49262
federal special education funds passed through to the district.49263

       Sec. 3317.014.  The average vocational education additional 49264
cost per pupil can be expressed as a multiple of the base cost per 49265
pupil calculated under section 3317.012 of the Revised Code49266
formula amount. The multiples for the following categories of 49267
vocational education programs are as follows:49268

       (A) A multiple of 0.57 for students enrolled in vocational 49269
education job-training and workforce development programs approved 49270
by the department of education in accordance with rules adopted 49271
under section 3313.90 of the Revised Code.49272

       (B) A multiple of 0.28 for students enrolled in vocational 49273
education classes other than job-training and workforce 49274
development programs.49275

       Vocational education associated services costs can be 49276
expressed as a multiple of 0.05 of the base cost per pupil 49277
calculated under section 3317.012 of the Revised Codeformula 49278
amount.49279

        By the thirtieth day of each December, the department of 49280
education shall report to the office of budget and management and 49281
the general assembly the amount of weighted funding for vocational 49282
education and associated services that was spent by each city, 49283
local, exempted village, and joint vocational school district 49284
specifically for vocational educational and associated services 49285
during the previous fiscal year.49286

       Sec. 3317.018. (A) The department of education shall make no 49287
calculations or payments under Chapter 3317. of the Revised Code49288
this chapter for any fiscal year except as prescribed in this 49289
section. The payments authorized under this section are in 49290
addition to payments computed and paid for fiscal years 2012 and 49291
2013 under the section of H.B. 153 of the 129th general assembly 49292
entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL SCHOOL 49293
DISTRICTS."49294

        (B) School districts shall report student enrollment data as 49295
prescribed by section 3317.03 of the Revised Code, which data the 49296
department shall use to make payments under Chapters 3306. and 49297
3317. of the Revised Code.this chapter and the section of H.B. 49298
153 of the 129th general assembly entitled "FUNDING FOR CITY, 49299
EXEMPTED VILLAGE, AND LOCAL SCHOOL DISTRICTS."49300

        (C) The tax commissioner shall report data regarding tax 49301
valuation and receipts for school districts as prescribed by 49302
sections 3317.015, 3317.021, 3317.025, 3317.026, 3317.027, 49303
3317.028, 3317.0210, 3317.0211, and 3317.08 and by division (M)(K)49304
of section 3317.02 of the Revised Code, which data the department 49305
shall use to make payments under Chapters 3306. and 3317. of the 49306
Revised Code.this chapter and the section of H.B. 153 of the 49307
129th general assembly entitled "FUNDING FOR CITY, EXEMPTED 49308
VILLAGE, AND LOCAL SCHOOL DISTRICTS."49309

        (D) Unless otherwise specified by another provision of law, 49310
in addition to the payments prescribed by Chapter 3306. of the 49311
Revised Code, the department shall continue to make payments to or 49312
adjustments for school districts in fiscal years after fiscal year 49313
2009 under the following provisions of Chapter 3317. of the 49314
Revised Codethis chapter:49315

        (1) The catastrophic cost reimbursement under division (C)(3) 49316
of section 3317.022 of the Revised Code; however, when computing 49317
that payment, the department shall use the disability categories 49318
and multiples specified in section 3317.013 of the Revised Code as 49319
that section existed prior to the effective date of this 49320
amendment. No other payments shall be made under that section 49321
3317.022 of the Revised Code.49322

        (2) All payments or adjustments under section 3317.023 of the 49323
Revised Code, except no payments or adjustments shall be made 49324
under divisions (B), (C), and (D) of that section.;49325

        (3) All payments or adjustments under section 3317.024 of the 49326
Revised Code, except no payments or adjustments shall be made 49327
under divisions (F) and (N) of that section for fiscal years after 49328
fiscal year 2009 or under division (L) of that section for fiscal 49329
years 2010 and 2011.;49330

        (4) All payments and adjustments under sections 3317.025, 49331
3317.026, 3317.027, 3317.028, 3317.0210, and 3317.0211 of the 49332
Revised Code;49333

        (5) Payments under section 3317.04 of the Revised Code;49334

        (6) Unit payments under sections 3317.05, 3317.051, 3317.052, 49335
and 3317.053 of the Revised Code, except that no units for gifted 49336
funding are authorized forafter fiscal years 2010 and 2011year 49337
2009.49338

       (7)(6) Payments under sections 3317.06, 3317.063, and 49339
3317.064 of the Revised Code;49340

       (8) Payments under section 3317.07 of the Revised Code;49341

       (9)(7) Payments to educational service centers under section 49342
3317.11 of the Revised Code;49343

       (10)(8) The catastrophic cost reimbursement under division 49344
(E) of section 3317.16 of the Revised Code and excess cost 49345
reimbursements under division (G) of that section; however, when 49346
computing that payment, the department shall use the disability 49347
categories and multiples specified in section 3317.013 of the 49348
Revised Code as that section existed prior to the effective date 49349
of this amendment. No other payments shall be made under that49350
section;3317.16 of the Revised Code.49351

       (11) Payments under section 3317.17 of the Revised Code;49352

       (12)(9) Adjustments under section 3317.18 of the Revised 49353
Code;49354

        (13)(10) Payments to cooperative education school districts 49355
under section 3317.19 of the Revised Code;49356

        (14)(11) Payments to county MR/DDDD boards under section 49357
3317.20 of the Revised Code;49358

        (15)(12) Payments to state institutions for weighted special 49359
education funding under section 3317.201 of the Revised Code.49360

        (E) Sections 3317.016 and 3317.017 shall not apply to fiscal 49361
years after fiscal year 2009.49362

       (F) This section does not affect the provisions of sections 49363
3317.031, 3317.032, 3317.033, 3317.035, 3317.061, 3317.08, 49364
3317.081, 3317.082, 3317.09, 3317.12, 3317.13, 3317.14, 3317.141,49365
3317.15, 3317.50, and 3317.51, 3317.62, 3317.63, and 3317.64 of 49366
the Revised Code.49367

       (F) The department shall make no payments for fiscal years 49368
2012 or 2013 under section 3317.0212 of the Revised Code.49369

       Sec. 3317.02.  As used in this chapter:49370

       (A) Unless otherwise specified, "school district" means city, 49371
local, and exempted village school districts.49372

       (B) "Formula amount" means $5,732$5,653 for fiscal year 201049373
2012 and fiscal year 20112013.49374

       (C) "FTE basis" means a count of students based on full-time 49375
equivalency, in accordance with rules adopted by the department of 49376
education pursuant to section 3317.03 of the Revised Code. In 49377
adopting its rules under this division, the department shall 49378
provide for counting any student in category one, two, three, 49379
four, five, or six special education ADM or in category one or two 49380
vocational education ADM in the same proportion the student is 49381
counted in formula ADM.49382

       (D)(1) "Formula ADM" means, for a city, local, or exempted 49383
village school district, "formula ADM" as defined in section 49384
3306.02 of the Revised Code.the average daily membership 49385
described in division (A) of section 3317.03 of the Revised Code, 49386
as verified by the superintendent of public instruction and 49387
adjusted if so ordered under division (K) of that section, and as 49388
further adjusted by the department of education, as follows:49389

       (a) Count only twenty per cent of the number of joint 49390
vocational school district students counted under division (A)(3) 49391
of section 3317.03 of the Revised Code;49392

       (b) Add twenty per cent of the number of students who are 49393
entitled to attend school in the district under section 3313.64 or 49394
3313.65 of the Revised Code and are enrolled in another school 49395
district under a career-technical educational compact.49396

       (2) "Formula ADM" means, for a joint vocational school 49397
district, the final number verified by the superintendent of 49398
public instruction, based on the number reported pursuant to 49399
division (D) of section 3317.03 of the Revised Code, as adjusted, 49400
if so ordered, under division (K) of that section. For purposes 49401
of the calculation of payments to or adjustments for a city, 49402
exempted village, local, or joint vocational school district under 49403
this chapter or under Chapter 3306. of the Revised Code, 49404
calculations required under Chapter 3318. of the Revised Code, or 49405
adjustments required under Chapter 3365. of the Revised Code, the 49406
department of education shall use the district's formula ADM for 49407
the previous fiscal year, unless the district's average daily 49408
membership reported and verified for the current fiscal year is at 49409
least two per cent greater than the formula ADM reported for the 49410
previous fiscal year, in which case the department shall use the 49411
district's formula ADM for the current fiscal year.49412

       (E) "Three-year average formula ADM" means the average of 49413
formula ADMs for the preceding three fiscal years.49414

       (F)(1) "Category one special education ADM" means the average 49415
daily membership of children with disabilities receiving special 49416
education services for the disability specified in division 49417
(D)(1)(A) of section 3306.023317.013 of the Revised Code and 49418
reported under division (B)(5) or (D)(2)(b) of section 3317.03 of 49419
the Revised Code.49420

       (2) "Category two special education ADM" means the average 49421
daily membership of children with disabilities receiving special 49422
education services for those disabilities specified in division 49423
(D)(2)(B) of section 3306.023317.013 of the Revised Code and 49424
reported under division (B)(6) or (D)(2)(c) of section 3317.03 of 49425
the Revised Code.49426

       (3) "Category three special education ADM" means the average 49427
daily membership of students receiving special education services 49428
for those disabilities specified in division (D)(3)(C) of section 49429
3306.023317.013 of the Revised Code, and reported under division 49430
(B)(7) or (D)(2)(d) of section 3317.03 of the Revised Code.49431

       (4) "Category four special education ADM" means the average 49432
daily membership of students receiving special education services 49433
for those disabilities specified in division (D)(4) of section 49434
3306.023317.013 of the Revised Code and reported under division 49435
(B)(8) or (D)(2)(e) of section 3317.03 of the Revised Code.49436

       (5) "Category five special education ADM" means the average 49437
daily membership of students receiving special education services 49438
for the disabilities specified in division (D)(5)(E) of section 49439
3306.023317.013 of the Revised Code and reported under division 49440
(B)(9) or (D)(2)(f) of section 3317.03 of the Revised Code.49441

       (6) "Category six special education ADM" means the average 49442
daily membership of students receiving special education services 49443
for the disabilities specified in division (D)(6)(F) of section 49444
3306.023317.013 of the Revised Code and reported under division 49445
(B)(10) or (D)(2)(g) of section 3317.03 of the Revised Code.49446

       (7) "Category one vocational education ADM" means the average 49447
daily membership of students receiving vocational education 49448
services described in division (A) of section 3317.014 of the 49449
Revised Code and reported under division (B)(11) or (D)(2)(h) of 49450
section 3317.03 of the Revised Code.49451

       (8) "Category two vocational education ADM" means the average 49452
daily membership of students receiving vocational education 49453
services described in division (B) of section 3317.014 of the 49454
Revised Code and reported under division (B)(12) or (D)(2)(i) of 49455
section 3317.03 of the Revised Code. 49456

       (G) "Preschool child with a disability" means a child with a 49457
disability, as defined in section 3323.01 of the Revised Code, who 49458
is at least age three but is not of compulsory school age, as 49459
defined in section 3321.01 of the Revised Code, and who is not 49460
currently enrolled in kindergarten.49461

       (H) "County DD board" means a county board of developmental 49462
disabilities.49463

       (I) "Recognized valuation" means the amount calculated for a 49464
school district pursuant to section 3317.015 of the Revised Code.49465

       (J) "Transportation ADM" means the number of children 49466
reported under division (B)(13) of section 3317.03 of the Revised 49467
Code.49468

       (K) "Average efficient transportation use cost per student" 49469
means a statistical representation of transportation costs as 49470
calculated under division (D)(2) of section 3317.022 of the 49471
Revised Code.49472

       (L) "Taxes charged and payable" means the taxes charged and 49473
payable against real and public utility property after making the 49474
reduction required by section 319.301 of the Revised Code, plus 49475
the taxes levied against tangible personal property.49476

       (M)(K) "Total taxable value" means the sum of the amounts 49477
certified for a city, local, exempted village, or joint vocational 49478
school district under divisions (A)(1) and (2) of section 3317.021 49479
of the Revised Code.49480

       (N)(L) "Tax exempt value" of a school district means the 49481
amount certified for a school district under division (A)(4) of 49482
section 3317.021 of the Revised Code.49483

       (O)(M) "Potential value" of a school district means the 49484
recognized valuation of a school district plus the tax exempt 49485
value of the district.49486

       (P)(N) "District median income" means the median Ohio 49487
adjusted gross income certified for a school district. On or 49488
before the first day of July of each year, the tax commissioner 49489
shall certify to the department of education and the office of 49490
budget and management for each city, exempted village, and local 49491
school district the median Ohio adjusted gross income of the 49492
residents of the school district determined on the basis of tax 49493
returns filed for the second preceding tax year by the residents 49494
of the district.49495

       (Q)(O) "Statewide median income" means the median district 49496
median income of all city, exempted village, and local school 49497
districts in the state.49498

       (R)(P) "Income factor" for a city, exempted village, or local 49499
school district means the quotient obtained by dividing that 49500
district's median income by the statewide median income.49501

       (S)(Q) "Medically fragile child" means a child to whom all of 49502
the following apply:49503

       (1) The child requires the services of a doctor of medicine 49504
or osteopathic medicine at least once a week due to the 49505
instability of the child's medical condition.49506

       (2) The child requires the services of a registered nurse on 49507
a daily basis.49508

       (3) The child is at risk of institutionalization in a 49509
hospital, skilled nursing facility, or intermediate care facility 49510
for the mentally retarded.49511

       (T)(R) A child may be identified as having an "other health 49512
impairment-major" if the child's condition meets the definition of 49513
"other health impaired" established in rules adopted by the state 49514
board of education prior to July 1, 2001, and if either of the 49515
following apply:49516

       (1) The child is identified as having a medical condition 49517
that is among those listed by the superintendent of public 49518
instruction as conditions where a substantial majority of cases 49519
fall within the definition of "medically fragile child." The 49520
superintendent of public instruction shall issue an initial list 49521
no later than September 1, 2001.49522

       (2) The child is determined by the superintendent of public 49523
instruction to be a medically fragile child. A school district 49524
superintendent may petition the superintendent of public 49525
instruction for a determination that a child is a medically 49526
fragile child.49527

       (U)(S) A child may be identified as having an "other health 49528
impairment-minor" if the child's condition meets the definition of 49529
"other health impaired" established in rules adopted by the state 49530
board of education prior to July 1, 2001, but the child's 49531
condition does not meet either of the conditions specified in 49532
division (T)(R)(1) or (2) of this section.49533

       (V)(T) "State education aid" has the same meaning as in 49534
section 5751.20 of the Revised Code.49535

       (W)(U) "Property exemption value" means zero in fiscal year 49536
2006, and in fiscal year 2007 and each fiscal year thereafter, the 49537
amount certified for a school district under divisions (A)(6) and 49538
(7) of section 3317.021 of the Revised Code.49539

       (X)(V) "Internet- or computer-based community school" has the 49540
same meaning as in section 3314.02 of the Revised Code.49541

       (Y)(W) "State share percentage" has the same meaning as in," 49542
for a city, exempted village, or local school district, for fiscal 49543
years 2012 and 2013, means the district's state share percentage 49544
as computed for fiscal year 2011 under former section 3306.02 of 49545
the Revised Code. "State share percentage," for a joint vocational 49546
school district, for fiscal years 2012 and 2013, means the 49547
district's state share percentage as computed for fiscal year 2009 49548
under section 3317.16 of the Revised Code as that section existed 49549
for that fiscal year.49550

       Sec. 3317.021. The information certified under this section 49551
shall be used to calculate payments under this chapter and Chapter 49552
3306. of the Revised Code.49553

       (A) On or before the first day of June of each year, the tax 49554
commissioner shall certify to the department of education and the 49555
office of budget and management the information described in 49556
divisions (A)(1) to (7) of this section for each city, exempted 49557
village, and local school district, and the information required 49558
by divisions (A)(1) and (2) of this section for each joint 49559
vocational school district, and it shall be used, along with the 49560
information certified under division (B) of this section, in 49561
making the computations for the district under this chapter and 49562
Chapter 3306. of the Revised Code.49563

       (1) The taxable value of real and public utility real 49564
property in the school district subject to taxation in the 49565
preceding tax year, by class and by county of location.49566

       (2) The taxable value of tangible personal property, 49567
including public utility personal property, subject to taxation by 49568
the district for the preceding tax year.49569

       (3)(a) The total property tax rate and total taxes charged 49570
and payable for the current expenses for the preceding tax year 49571
and the total property tax rate and the total taxes charged and 49572
payable to a joint vocational district for the preceding tax year 49573
that are limited to or to the extent apportioned to current 49574
expenses.49575

       (b) The portion of the amount of taxes charged and payable 49576
reported for each city, local, and exempted village school 49577
district under division (A)(3)(a) of this section attributable to 49578
a joint vocational school district.49579

       (4) The value of all real and public utility real property in 49580
the school district exempted from taxation minus both of the 49581
following:49582

       (a) The value of real and public utility real property in the 49583
district owned by the United States government and used 49584
exclusively for a public purpose;49585

       (b) The value of real and public utility real property in the 49586
district exempted from taxation under Chapter 725. or 1728. or 49587
section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632, 49588
5709.73, or 5709.78 of the Revised Code.49589

       (5) The total federal adjusted gross income of the residents 49590
of the school district, based on tax returns filed by the 49591
residents of the district, for the most recent year for which this 49592
information is available.49593

       (6) The sum of the school district compensation value as 49594
indicated on the list of exempted property for the preceding tax 49595
year under section 5713.08 of the Revised Code as if such property 49596
had been assessed for taxation that year and the other 49597
compensation value for the school district, minus the amounts 49598
described in divisions (A)(6)(c) to (i) of this section. The 49599
portion of school district compensation value or other 49600
compensation value attributable to an incentive district exemption 49601
may be subtracted only once even if that incentive district 49602
satisfies more than one of the criteria in divisions (A)(6)(c) to 49603
(i) of this section.49604

       (a) "School district compensation value" means the aggregate 49605
value of real property in the school district exempted from 49606
taxation pursuant to an ordinance or resolution adopted under 49607
division (C) of section 5709.40, division (C) of section 5709.73, 49608
or division (B) of section 5709.78 of the Revised Code to the 49609
extent that the exempted value results in the charging of payments 49610
in lieu of taxes required to be paid to the school district under 49611
division (D)(1) or (2) of section 5709.40, division (D) of section 49612
5709.73, or division (C) of section 5709.78 of the Revised Code.49613

       (b) "Other compensation value" means the quotient that 49614
results from dividing (i) the dollar value of compensation 49615
received by the school district during the preceding tax year 49616
pursuant to division (B), (C), or (D) of section 5709.82 of the 49617
Revised Code and the amounts received pursuant to an agreement as 49618
specified in division (D)(2) of section 5709.40, division (D) of 49619
section 5709.73, or division (C) of section 5709.78 of the Revised 49620
Code to the extent those amounts were not previously reported or 49621
included in division (A)(6)(a) of this section, and so that any 49622
such amount is reported only once under division (A)(6)(b) of this 49623
section, in relation to exemptions from taxation granted pursuant 49624
to an ordinance or resolution adopted under division (C) of 49625
section 5709.40, division (C) of section 5709.73, or division (B) 49626
of section 5709.78 of the Revised Code, by (ii) the real property 49627
tax rate in effect for the preceding tax year for 49628
nonresidential/agricultural real property after making the 49629
reductions required by section 319.301 of the Revised Code.49630

       (c) The portion of school district compensation value or 49631
other compensation value that was exempted from taxation pursuant 49632
to such an ordinance or resolution for the preceding tax year, if 49633
the ordinance or resolution is adopted prior to January 1, 2006, 49634
and the legislative authority or board of township trustees or 49635
county commissioners, prior to January 1, 2006, executes a 49636
contract or agreement with a developer, whether for-profit or 49637
not-for-profit, with respect to the development of a project 49638
undertaken or to be undertaken and identified in the ordinance or 49639
resolution, and upon which parcels such project is being, or will 49640
be, undertaken;49641

        (d) The portion of school district compensation value that 49642
was exempted from taxation for the preceding tax year and for 49643
which payments in lieu of taxes for the preceding tax year were 49644
provided to the school district under division (D)(1) of section 49645
5709.40 of the Revised Code.49646

       (e) The portion of school district compensation value that 49647
was exempted from taxation for the preceding tax year pursuant to 49648
such an ordinance or resolution, if and to the extent that, on or 49649
before April 1, 2006, the fiscal officer of the municipal 49650
corporation that adopted the ordinance, or of the township or 49651
county that adopted the resolution, certifies and provides 49652
appropriate supporting documentation to the tax commissioner and 49653
the director of development that, based on hold-harmless 49654
provisions in any agreement between the school district and the 49655
legislative authority of the municipal corporation, board of 49656
township trustees, or board of county commissioners that was 49657
entered into on or before June 1, 2005, the ability or obligation 49658
of the municipal corporation, township, or county to repay bonds, 49659
notes, or other financial obligations issued or entered into prior 49660
to January 1, 2006, will be impaired, including obligations to or 49661
of any other body corporate and politic with whom the legislative 49662
authority of the municipal corporation or board of township 49663
trustees or county commissioners has entered into an agreement 49664
pertaining to the use of service payments derived from the 49665
improvements exempted;49666

        (f) The portion of school district compensation value that 49667
was exempted from taxation for the preceding tax year pursuant to 49668
such an ordinance or resolution, if the ordinance or resolution is 49669
adopted prior to January 1, 2006, in a municipal corporation with 49670
a population that exceeds one hundred thousand, as shown by the 49671
most recent federal decennial census, that includes a major 49672
employment center and that is adjacent to historically distressed 49673
neighborhoods, if the legislative authority of the municipal 49674
corporation that exempted the property prepares an economic 49675
analysis that demonstrates that all taxes generated within the 49676
incentive district accruing to the state by reason of improvements 49677
constructed within the district during its existence exceed the 49678
amount the state pays the school district under section 3317.022 49679
of the Revised Code attributable to such property exemption from 49680
the school district's recognized valuation. The analysis shall be 49681
submitted to and approved by the department of development prior 49682
to January 1, 2006, and the department shall not unreasonably 49683
withhold approval. 49684

        (g) The portion of school district compensation value that 49685
was exempted from taxation for the preceding tax year under such 49686
an ordinance or resolution, if the ordinance or resolution is 49687
adopted prior to January 1, 2006, and if service payments have 49688
been pledged to be used for mixed-use riverfront entertainment 49689
development in any county with a population that exceeds six 49690
hundred thousand, as shown by the most recent federal decennial 49691
census;49692

        (h) The portion of school district compensation value that 49693
was exempted from taxation for the preceding tax year under such 49694
an ordinance or resolution, if, prior to January 1, 2006, the 49695
legislative authority of a municipal corporation, board of 49696
township trustees, or board of county commissioners has pledged 49697
service payments for a designated transportation capacity project 49698
approved by the transportation review advisory council under 49699
Chapter 5512. of the Revised Code;49700

        (i) The portion of school district compensation value that 49701
was exempted from taxation for the preceding tax year under such 49702
an ordinance or resolution if the legislative authority of a 49703
municipal corporation, board of township trustees, or board of 49704
county commissioners have, by January 1, 2006, pledged proceeds 49705
for designated transportation improvement projects that involve 49706
federal funds for which the proceeds are used to meet a local 49707
share match requirement for such funding.49708

       As used in division (A)(6) of this section, "project" has the 49709
same meaning as in section 5709.40 of the Revised Code.49710

       (7) The aggregate value of real property in the school 49711
district for which an exemption from taxation is granted by an 49712
ordinance or resolution adopted on or after January 1, 2006, under 49713
Chapter 725. or 1728., sections 3735.65 to 3735.70, or section 49714
5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the Revised 49715
Code, as indicated on the list of exempted property for the 49716
preceding tax year under section 5713.08 of the Revised Code and 49717
as if such property had been assessed for taxation that year, 49718
minus the product determined by multiplying (a) the aggregate 49719
value of the real property in the school district exempted from 49720
taxation for the preceding tax year under any of the chapters or 49721
sections specified in this division, by (b) a fraction, the 49722
numerator of which is the difference between (i) the amount of 49723
anticipated revenue such school district would have received for 49724
the preceding tax year if the real property exempted from taxation 49725
had not been exempted from taxation and (ii) the aggregate amount 49726
of payments in lieu of taxes on the exempt real property for the 49727
preceding tax year and other compensation received for the 49728
preceding tax year by the school district pursuant to any 49729
agreements entered into on or after January 1, 2006, under section 49730
5709.82 of the Revised Code between the school district and the 49731
legislative authority of a political subdivision that acted under 49732
the authority of a chapter or statute specified in this division, 49733
that were entered into in relation to such exemption, and the 49734
denominator of which is the amount of anticipated revenue such 49735
school district would have received in the preceding fiscal year 49736
if the real property exempted from taxation had not been exempted.49737

       (B) On or before the first day of May each year, the tax 49738
commissioner shall certify to the department of education and the 49739
office of budget and management the total taxable real property 49740
value of railroads and, separately, the total taxable tangible 49741
personal property value of all public utilities for the preceding 49742
tax year, by school district and by county of location.49743

       (C) If a public utility has properly and timely filed a 49744
petition for reassessment under section 5727.47 of the Revised 49745
Code with respect to an assessment issued under section 5727.23 of 49746
the Revised Code affecting taxable property apportioned by the tax 49747
commissioner to a school district, the taxable value of public 49748
utility tangible personal property included in the certification 49749
under divisions (A)(2) and (B) of this section for the school 49750
district shall include only the amount of taxable value on the 49751
basis of which the public utility paid tax for the preceding year 49752
as provided in division (B)(1) or (2) of section 5727.47 of the 49753
Revised Code.49754

       (D) If on the basis of the information certified under 49755
division (A) of this section, the department determines that any 49756
district fails in any year to meet the qualification requirement 49757
specified in division (A)(1) of section 3306.01 and division (A) 49758
of section 3317.01 of the Revised Code, the department shall 49759
immediately request the tax commissioner to determine the extent 49760
to which any school district income tax levied by the district 49761
under Chapter 5748. of the Revised Code shall be included in 49762
meeting that requirement. Within five days of receiving such a 49763
request from the department, the tax commissioner shall make the 49764
determination required by this division and report the quotient 49765
obtained under division (D)(3) of this section to the department 49766
and the office of budget and management. This quotient represents 49767
the number of mills that the department shall include in 49768
determining whether the district meets the qualification 49769
requirement of division (A)(1) of section 3306.01 and division (A) 49770
of section 3317.01 of the Revised Code.49771

       The tax commissioner shall make the determination required by 49772
this division as follows:49773

       (1) Multiply one mill times the total taxable value of the 49774
district as determined in divisions (A)(1) and (2) of this 49775
section;49776

       (2) Estimate the total amount of tax liability for the 49777
current tax year under taxes levied by Chapter 5748. of the 49778
Revised Code that are apportioned to current operating expenses of 49779
the district, excluding any income tax receipts allocated for the 49780
project cost, debt service, or maintenance set-aside associated 49781
with a state-assisted classroom facilities project as authorized 49782
by section 3318.052 of the Revised Code;49783

       (3) Divide the amount estimated under division (D)(2) of this 49784
section by the product obtained under division (D)(1) of this 49785
section.49786

       (E)(1) On or before June 1, 2006, and the first day of April 49787
of each year thereafter, the director of development shall report 49788
to the department of education, the tax commissioner, and the 49789
director of budget and management the total amounts of payments 49790
received by each city, local, exempted village, or joint 49791
vocational school district for the preceding tax year pursuant to 49792
division (D) of section 5709.40, division (D) of section 5709.73, 49793
division (C) of section 5709.78, or division (B)(1), (B)(2), (C), 49794
or (D) of section 5709.82 of the Revised Code in relation to 49795
exemptions from taxation granted pursuant to an ordinance adopted 49796
by the legislative authority of a municipal corporation under 49797
division (C) of section 5709.40 of the Revised Code, or a 49798
resolution adopted by a board of township trustees or board of 49799
county commissioners under division (C) of section 5709.73 or 49800
division (B) of section 5709.78 of the Revised Code, respectively. 49801
On or before April 1, 2006, and the first day of March of each 49802
year thereafter, the treasurer of each city, local, exempted 49803
village, or joint vocational school district that has entered into 49804
such an agreement shall report to the director of development the 49805
total amounts of such payments the district received for the 49806
preceding tax year as provided in this section. The state board of 49807
education, in accordance with sections 3319.31 and 3319.311 of the 49808
Revised Code, may suspend or revoke the license of a treasurer 49809
found to have willfully reported erroneous, inaccurate, or 49810
incomplete data under this division.49811

       (2) On or before April 1, 2007, and the first day of April of 49812
each year thereafter, the director of development shall report to 49813
the department of education, the tax commissioner, and the 49814
director of budget and management the total amounts of payments 49815
received by each city, local, exempted village, or joint 49816
vocational school district for the preceding tax year pursuant to 49817
divisions (B), (C), and (D) of section 5709.82 of the Revised Code 49818
in relation to exemptions from taxation granted pursuant to 49819
ordinances or resolutions adopted on or after January 1, 2006, 49820
under Chapter 725. or 1728., sections 3735.65 to 3735.70, or 49821
section 5709.62, 5709.63, 5709.632, 5709.84, or 5709.88 of the 49822
Revised Code. On or before March 1, 2007, and the first day of 49823
March of each year thereafter, the treasurer of each city, local, 49824
exempted village, or joint vocational school district that has 49825
entered into such an agreement shall report to the director of 49826
development the total amounts of such payments the district 49827
received for the preceding tax year as provided by this section. 49828
The state board of education, in accordance with sections 3319.31 49829
and 3319.311 of the Revised Code, may suspend or revoke the 49830
license of a treasurer found to have willfully reported erroneous, 49831
inaccurate, or incomplete data under this division.49832

       Sec. 3317.022.  (A)(1) The department of education shall 49833
compute and distribute state base cost funding to each eligible 49834
school district for the fiscal year, using the information 49835
obtained under section 3317.021 of the Revised Code in the 49836
calendar year in which the fiscal year begins, according to the 49837
following formula:49838

{[the formula amount X (formula ADM +
49839

preschool scholarship ADM)] +
49840

the sum of the base funding supplements
49841

prescribed in divisions (C)(1) to (4)
49842

of section 3317.012 of the Revised Code} -
49843

[.023 x (the sum of recognized valuation
49844

and property exemption value)] +
49845

the amounts calculated for the district under
49846

sections 3317.029 and 3317.0217 of the Revised Code
49847

       If the difference obtained is a negative number, the 49848
district's computation shall be zero.49849

       (2)(a) For each school district for which the tax exempt 49850
value of the district equals or exceeds twenty-five per cent of 49851
the potential value of the district, the department of education 49852
shall calculate the difference between the district's tax exempt 49853
value and twenty-five per cent of the district's potential value.49854

       (b) For each school district to which division (A)(2)(a) of 49855
this section applies, the department shall adjust the recognized 49856
valuation used in the calculation under division (A)(1) of this 49857
section by subtracting from it the amount calculated under 49858
division (A)(2)(a) of this section.49859

       (B) As used in this section:49860

       (1) The "total special education weight" for a district means 49861
the sum of the following amounts:49862

       (a) The district's category one special education ADM 49863
multiplied by the multiple specified in division (A) of section 49864
3317.013 of the Revised Code;49865

       (b) The district's category two special education ADM 49866
multiplied by the multiple specified in division (B) of section 49867
3317.013 of the Revised Code;49868

       (c) The district's category three special education ADM 49869
multiplied by the multiple specified in division (C) of section 49870
3317.013 of the Revised Code;49871

       (d) The district's category four special education ADM 49872
multiplied by the multiple specified in division (D) of section 49873
3317.013 of the Revised Code;49874

       (e) The district's category five special education ADM 49875
multiplied by the multiple specified in division (E) of section 49876
3317.013 of the Revised Code;49877

       (f) The district's category six special education ADM 49878
multiplied by the multiple specified in division (F) of section 49879
3317.013 of the Revised Code.49880

       (2) "Related services" includes:49881

       (a) Child study, special education supervisors and 49882
coordinators, speech and hearing services, adaptive physical 49883
development services, occupational or physical therapy, teacher 49884
assistants for children with disabilities whose disabilities are 49885
described in division (B) of section 3317.013 or division (F)(3) 49886
of section 3317.02 of the Revised Code, behavioral intervention, 49887
interpreter services, work study, nursing services, and 49888
specialized integrative services as those terms are defined by the 49889
department;49890

       (b) Speech and language services provided to any student with 49891
a disability, including any student whose primary or only 49892
disability is a speech and language disability;49893

       (c) Any related service not specifically covered by other 49894
state funds but specified in federal law, including but not 49895
limited to, audiology and school psychological services;49896

       (d) Any service included in units funded under former 49897
division (O)(1) of section 3317.024 of the Revised Code;49898

       (e) Any other related service needed by children with 49899
disabilities in accordance with their individualized education 49900
programs.49901

       (3) The "total vocational education weight" for a district 49902
means the sum of the following amounts:49903

       (a) The district's category one vocational education ADM 49904
multiplied by the multiple specified in division (A) of section 49905
3317.014 of the Revised Code;49906

       (b) The district's category two vocational education ADM 49907
multiplied by the multiple specified in division (B) of section 49908
3317.014 of the Revised Code.49909

       (4) "Preschool scholarship ADM" means the number of preschool 49910
children with disabilities reported under division (B)(3)(h) of 49911
section 3317.03 of the Revised Code.49912

       (C)(1) The department shall compute and distribute state 49913
special education and related services additional weighted costs 49914
funds to each school district in accordance with the following 49915
formula:49916

The district's state share percentage X
49917

the formula amount for the year for which
49918

the aid is calculated X the district's
49919

total special education weight
49920

       (2) The attributed local share of special education and 49921
related services additional weighted costs equals:49922

(1 - the district's state share percentage) X the district's
49923

total special education weight X the formula amount
49924

       (3)(a) The department shall compute and pay in accordance 49925
with this division additional state aid to school districts for 49926
students in categories two through six special education ADM. If a 49927
district's costs for the fiscal year for a student in its 49928
categories two through six special education ADM exceed the 49929
threshold catastrophic cost for serving the student, the district 49930
may submit to the superintendent of public instruction 49931
documentation, as prescribed by the superintendent, of all its 49932
costs for that student. Upon submission of documentation for a 49933
student of the type and in the manner prescribed, the department 49934
shall pay to the district an amount equal to the sum of the 49935
following:49936

       (i) One-half of the district's costs for the student in 49937
excess of the threshold catastrophic cost;49938

       (ii) The product of one-half of the district's costs for the 49939
student in excess of the threshold catastrophic cost multiplied by 49940
the district's state share percentage.49941

       (b) For purposes of division (C)(3)(a) of this section, the 49942
threshold catastrophic cost for serving a student equals:49943

       (i) For a student in the school district's category two, 49944
three, four, or five special education ADM, twenty-seven thousand 49945
three hundred seventy-five dollars;49946

       (ii) For a student in the district's category six special 49947
education ADM, thirty-two thousand eight hundred fifty dollars.49948

       (c) The district shall only report under division (C)(3)(a) 49949
of this section, and the department shall only pay for, the costs 49950
of educational expenses and the related services provided to the 49951
student in accordance with the student's individualized education 49952
program. Any legal fees, court costs, or other costs associated 49953
with any cause of action relating to the student may not be 49954
included in the amount.49955

       (4)(a) As used in this division, the "personnel allowance" 49956
means thirty thousand dollars in fiscal years 2008 and 2009.49957

       (b) For the provision of speech language pathology services 49958
to students, including students who do not have individualized 49959
education programs prepared for them under Chapter 3323. of the 49960
Revised Code, and for no other purpose, the department of 49961
education shall pay each school district an amount calculated 49962
under the following formula:49963

(formula ADM divided by 2000) X
49964

the personnel allowance X
49965

the state share percentage
49966

       (5) In any fiscal year, a school district shall spend for 49967
purposes that the department designates as approved for special 49968
education and related services expenses at least the amount 49969
calculated as follows:49970

(formula amount X the sum of categories
49971

one through six special education ADM) +
49972

(total special education weight X formula amount)
49973

       The purposes approved by the department for special education 49974
expenses shall include, but shall not be limited to, 49975
identification of children with disabilities, compliance with 49976
state rules governing the education of children with disabilities 49977
and prescribing the continuum of program options for children with 49978
disabilities, provision of speech language pathology services, and 49979
the portion of the school district's overall administrative and 49980
overhead costs that are attributable to the district's special 49981
education student population.49982

       The scholarships deducted from the school district's account 49983
under section 3310.41 of the Revised Code shall be considered to 49984
be an approved special education and related services expense for 49985
the purpose of the school district's compliance with division 49986
(C)(5) of this section.49987

       The department shall require school districts to report data 49988
annually to allow for monitoring compliance with division (C)(5) 49989
of this section. The department shall annually report to the 49990
governor and the general assembly the amount of money spent by 49991
each school district for special education and related services.49992

       (6) In any fiscal year, a school district shall spend for the 49993
provision of speech language pathology services not less than the 49994
sum of the amount calculated under division (C)(1) of this section 49995
for the students in the district's category one special education 49996
ADM and the amount calculated under division (C)(4) of this 49997
section.49998

       (D)(1) As used in this division:49999

       (a) "Daily bus miles per student" equals the number of bus 50000
miles traveled per day, divided by transportation base.50001

       (b) "Transportation base" equals total student count as 50002
defined in section 3301.011 of the Revised Code, minus the number 50003
of students enrolled in units for preschool children with 50004
disabilities, plus the number of nonpublic school students 50005
included in transportation ADM.50006

       (c) "Transported student percentage" equals transportation 50007
ADM divided by transportation base.50008

       (d) "Transportation cost per student" equals total operating 50009
costs for board-owned or contractor-operated school buses divided 50010
by transportation base.50011

       (2) Analysis of student transportation cost data has resulted 50012
in a finding that an average efficient transportation use cost per 50013
student can be calculated by means of a regression formula that 50014
has as its two independent variables the number of daily bus miles 50015
per student and the transported student percentage. For fiscal 50016
year 1998 transportation cost data, the average efficient 50017
transportation use cost per student is expressed as follows:50018

51.79027 + (139.62626 X daily bus miles per student) +
50019

(116.25573 X transported student percentage)
50020

       The department of education shall annually determine the 50021
average efficient transportation use cost per student in 50022
accordance with the principles stated in division (D)(2) of this 50023
section, updating the intercept and regression coefficients of the 50024
regression formula modeled in this division, based on an annual 50025
statewide analysis of each school district's daily bus miles per 50026
student, transported student percentage, and transportation cost 50027
per student data. The department shall conduct the annual update 50028
using data, including daily bus miles per student, transported 50029
student percentage, and transportation cost per student data, from 50030
the prior fiscal year. The department shall notify the office of 50031
budget and management of such update by the fifteenth day of 50032
February of each year.50033

       (3) In addition to funds paid under divisions (A), (C), and 50034
(E) of this section, each district with a transported student 50035
percentage greater than zero shall receive a payment equal to a 50036
percentage of the product of the district's transportation base 50037
from the prior fiscal year times the annually updated average 50038
efficient transportation use cost per student, times an inflation 50039
factor of two and eight-tenths per cent to account for the 50040
one-year difference between the data used in updating the formula 50041
and calculating the payment and the year in which the payment is 50042
made. The percentage shall be the following percentage of that 50043
product specified for the corresponding fiscal year:50044

FISCAL YEAR PERCENTAGE 50045
2000 52.5% 50046
2001 55% 50047
2002 57.5% 50048
2003 and thereafter The greater of 60% or the district's state share percentage 50049

       The payments made under division (D)(3) of this section each 50050
year shall be calculated based on all of the same prior year's 50051
data used to update the formula.50052

       (4) In addition to funds paid under divisions (D)(2) and (3) 50053
of this section, a school district shall receive a rough road 50054
subsidy if both of the following apply:50055

       (a) Its county rough road percentage is higher than the 50056
statewide rough road percentage, as those terms are defined in 50057
division (D)(5) of this section;50058

       (b) Its district student density is lower than the statewide 50059
student density, as those terms are defined in that division.50060

       (5) The rough road subsidy paid to each district meeting the 50061
qualifications of division (D)(4) of this section shall be 50062
calculated in accordance with the following formula:50063

(per rough mile subsidy X total rough road miles)
50064

X density multiplier
50065

       where:50066

       (a) "Per rough mile subsidy" equals the amount calculated in 50067
accordance with the following formula:50068

0.75 - {0.75 X [(maximum rough road percentage -
50069

county rough road percentage)/(maximum rough road
50070

percentage - statewide rough road percentage)]}
50071

       (i) "Maximum rough road percentage" means the highest county 50072
rough road percentage in the state.50073

       (ii) "County rough road percentage" equals the percentage of 50074
the mileage of state, municipal, county, and township roads that 50075
is rated by the department of transportation as type A, B, C, E2, 50076
or F in the county in which the school district is located or, if 50077
the district is located in more than one county, the county to 50078
which it is assigned for purposes of determining its 50079
cost-of-doing-business factor.50080

       (iii) "Statewide rough road percentage" means the percentage 50081
of the statewide total mileage of state, municipal, county, and 50082
township roads that is rated as type A, B, C, E2, or F by the 50083
department of transportation.50084

       (b) "Total rough road miles" means a school district's total 50085
bus miles traveled in one year times its county rough road 50086
percentage.50087

       (c) "Density multiplier" means a figure calculated in 50088
accordance with the following formula:50089

1 - [(minimum student density - district student
50090

density)/(minimum student density -
50091

statewide student density)]
50092

       (i) "Minimum student density" means the lowest district 50093
student density in the state.50094

       (ii) "District student density" means a school district's 50095
transportation base divided by the number of square miles in the 50096
district.50097

       (iii) "Statewide student density" means the sum of the 50098
transportation bases for all school districts divided by the sum 50099
of the square miles in all school districts.50100

       (6) In addition to funds paid under divisions (D)(2) to (5) 50101
of this section, each district shall receive in accordance with 50102
rules adopted by the state board of education a payment for 50103
students transported by means other than board-owned or 50104
contractor-operated buses and whose transportation is not funded 50105
under division (G) of section 3317.024 of the Revised Code. The 50106
rules shall include provisions for school district reporting of 50107
such students.50108

       (E)(1) The department shall compute and distribute state 50109
vocational education additional weighted costs funds to each 50110
school district in accordance with the following formula:50111

state share percentage X
50112

the formula amount X
50113

total vocational education weight
50114

       In any fiscal year, a school district receiving funds under 50115
division (E)(D)(1) of this section shall spend those funds only 50116
for the purposes that the department designates as approved for 50117
vocational education expenses. Vocational educational expenses 50118
approved by the department shall include only expenses connected 50119
to the delivery of career-technical programming to 50120
career-technical students. The department shall require the school 50121
district to report data annually so that the department may 50122
monitor the district's compliance with the requirements regarding 50123
the manner in which funding received under division (E)(D)(1) of 50124
this section may be spent.50125

       (2) The department shall compute for each school district 50126
state funds for vocational education associated services in 50127
accordance with the following formula:50128

state share percentage X .05 X the formula amount X
50129

the sum of categories one and two vocational education ADM
50130

       In any fiscal year, a school district receiving funds under 50131
division (E)(D)(2) of this section, or through a transfer of funds 50132
pursuant to division (L)(I) of section 3317.023 of the Revised 50133
Code, shall spend those funds only for the purposes that the 50134
department designates as approved for vocational education 50135
associated services expenses, which may include such purposes as 50136
apprenticeship coordinators, coordinators for other vocational 50137
education services, vocational evaluation, and other purposes 50138
designated by the department. The department may deny payment 50139
under division (E)(D)(2) of this section to any district that the 50140
department determines is not operating those services or is using 50141
funds paid under division (E)(D)(2) of this section, or through a 50142
transfer of funds pursuant to division (L)(I) of section 3317.023 50143
of the Revised Code, for other purposes.50144

       (F)(E) The actual local share in any fiscal year for the 50145
combination of special education and related services additional 50146
weighted costs funding calculated under division (C)(1) of this 50147
section, transportation fundingbase payment calculated under 50148
divisions (D)(2) and (3)division (E) of this section 3317.0212 of 50149
the Revised Code, and vocational education and associated services 50150
additional weighted costs funding calculated under divisions 50151
(E)(D)(1) and (2) of this section shall not exceed for any school 50152
district the product of three and three-tenths mills times the 50153
district's recognized valuation. The department annually shall pay 50154
each school district as an excess cost supplement any amount by 50155
which the sum of the district's attributed local shares for that 50156
funding exceeds that product. For purposes of calculating the 50157
excess cost supplement:50158

       (1) The attributed local share for special education and 50159
related services additional weighted costs funding is the amount 50160
specified in division (C)(2) of this section.50161

       (2) The attributed local share of the district's50162
transportation fundingbase payment equals the difference of the 50163
total amount calculated for the district using the formula 50164
developed under division (D)(2)(E) of this section 3317.0212 of 50165
the Revised Code minus the actual amount paid to the district 50166
after applying the percentage specified in division (D)(E)(3) of 50167
thisthat section.50168

       (3) The attributed local share of vocational education and 50169
associated services additional weighted costs funding is the 50170
amount determined as follows:50171

(1 - state share percentage) X
50172

[(total vocational education weight X
50173

the formula amount) + the payment under
50174

division
(E)
(D)
(2) of this section]
50175

       Sec. 3317.023.  (A) The amounts required to be paid to a 50176
district under this chapter and Chapter 3306. of the Revised Code50177
shall be adjusted by the amount of the computations made under 50178
divisions (B) to (N)(K) of this section. The department of 50179
education shall not make payments or adjustments under divisions 50180
(B), (C), and (D) of this section for any fiscal year after fiscal 50181
year 2009.50182

       As used in this section:50183

       (1) "Classroom teacher" means a licensed employee who 50184
provides direct instruction to pupils, excluding teachers funded 50185
from money paid to the district from federal sources; educational 50186
service personnel; and vocational and special education teachers.50187

       (2) "Educational service personnel" shall not include such 50188
specialists funded from money paid to the district from federal 50189
sources or assigned full-time to vocational or special education 50190
students and classes and may only include those persons employed 50191
in the eight specialist areas in a pattern approved by the 50192
department of education under guidelines established by the state 50193
board of education.50194

       (3) "Annual salary" means the annual base salary stated in 50195
the state minimum salary schedule for the performance of the 50196
teacher's regular teaching duties that the teacher earns for 50197
services rendered for the first full week of October of the fiscal 50198
year for which the adjustment is made under division (C) of this 50199
section. It shall not include any salary payments for supplemental 50200
teachers contracts.50201

       (4) "Regular student population" means the formula ADM plus 50202
the number of students reported as enrolled in the district 50203
pursuant to division (A)(1) of section 3313.981 of the Revised 50204
Code; minus the number of students reported under division (A)(2) 50205
of section 3317.03 of the Revised Code; minus the FTE of students 50206
reported under division (B)(6), (7), (8), (9), (10), (11), or (12) 50207
of that section who are enrolled in a vocational education class 50208
or receiving special education; and minus twenty per cent of the 50209
students enrolled concurrently in a joint vocational school 50210
district.50211

       (5) "VEPD" means a school district or group of school 50212
districts designated by the department of education as being 50213
responsible for the planning for and provision of vocational 50214
education services to students within the district or group.50215

       (6)(2) "Lead district" means a school district, including a 50216
joint vocational school district, designated by the department as 50217
a VEPD, or designated to provide primary vocational education 50218
leadership within a VEPD composed of a group of districts.50219

       (B) If the district employs less than one full-time 50220
equivalent classroom teacher for each twenty-five pupils in the 50221
regular student population in any school district, deduct the sum 50222
of the amounts obtained from the following computations:50223

       (1) Divide the number of the district's full-time equivalent 50224
classroom teachers employed by one twenty-fifth;50225

       (2) Subtract the quotient in (1) from the district's regular 50226
student population;50227

       (3) Multiply the difference in (2) by seven hundred fifty-two 50228
dollars.50229

       (C) If a positive amount, add one-half of the amount obtained 50230
by multiplying the number of full-time equivalent classroom 50231
teachers by:50232

       (1) The mean annual salary of all full-time equivalent 50233
classroom teachers employed by the district at their respective 50234
training and experience levels minus;50235

       (2) The mean annual salary of all such teachers at their 50236
respective levels in all school districts receiving payments under 50237
this section.50238

       The number of full-time equivalent classroom teachers used in 50239
this computation shall not exceed one twenty-fifth of the 50240
district's regular student population. In calculating the 50241
district's mean salary under this division, those full-time 50242
equivalent classroom teachers with the highest training level 50243
shall be counted first, those with the next highest training level 50244
second, and so on, in descending order. Within the respective 50245
training levels, teachers with the highest years of service shall 50246
be counted first, the next highest years of service second, and so 50247
on, in descending order.50248

       (D) This division does not apply to a school district that 50249
has entered into an agreement under division (A) of section 50250
3313.42 of the Revised Code. Deduct the amount obtained from the 50251
following computations if the district employs fewer than five 50252
full-time equivalent educational service personnel, including 50253
elementary school art, music, and physical education teachers, 50254
counselors, librarians, visiting teachers, school social workers, 50255
and school nurses for each one thousand pupils in the regular 50256
student population:50257

       (1) Divide the number of full-time equivalent educational 50258
service personnel employed by the district by five 50259
one-thousandths;50260

       (2) Subtract the quotient in (1) from the district's regular 50261
student population;50262

       (3) Multiply the difference in (2) by ninety-four dollars.50263

       (E) If a local school district, or a city or exempted village 50264
school district to which a governing board of an educational 50265
service center provides services pursuant to section 3313.843 of 50266
the Revised Code, deduct the amount of the payment required for 50267
the reimbursement of the governing board under section 3317.11 of 50268
the Revised Code.50269

       (F)(C)(1) If the district is required to pay to or entitled 50270
to receive tuition from another school district under division 50271
(C)(2) or (3) of section 3313.64 or section 3313.65 of the Revised 50272
Code, or if the superintendent of public instruction is required 50273
to determine the correct amount of tuition and make a deduction or 50274
credit under section 3317.08 of the Revised Code, deduct and 50275
credit such amounts as provided in division (J) of section 3313.64 50276
or section 3317.08 of the Revised Code.50277

       (2) For each child for whom the district is responsible for 50278
tuition or payment under division (A)(1) of section 3317.082 or 50279
section 3323.091 of the Revised Code, deduct the amount of tuition 50280
or payment for which the district is responsible.50281

       (G)(D) If the district has been certified by the 50282
superintendent of public instruction under section 3313.90 of the 50283
Revised Code as not in compliance with the requirements of that 50284
section, deduct an amount equal to ten per cent of the amount 50285
computed for the district under Chapter 3306. of the Revised Code50286
this chapter.50287

       (H)(E) If the district has received a loan from a commercial 50288
lending institution for which payments are made by the 50289
superintendent of public instruction pursuant to division (E)(3) 50290
of section 3313.483 of the Revised Code, deduct an amount equal to 50291
such payments.50292

       (I)(F)(1) If the district is a party to an agreement entered 50293
into under division (D), (E), or (F) of section 3311.06 or 50294
division (B) of section 3311.24 of the Revised Code and is 50295
obligated to make payments to another district under such an 50296
agreement, deduct an amount equal to such payments if the district 50297
school board notifies the department in writing that it wishes to 50298
have such payments deducted.50299

       (2) If the district is entitled to receive payments from 50300
another district that has notified the department to deduct such 50301
payments under division (I)(F)(1) of this section, add the amount 50302
of such payments.50303

       (J)(G) If the district is required to pay an amount of funds 50304
to a cooperative education district pursuant to a provision 50305
described by division (B)(4) of section 3311.52 or division (B)(8) 50306
of section 3311.521 of the Revised Code, deduct such amounts as 50307
provided under that provision and credit those amounts to the 50308
cooperative education district for payment to the district under 50309
division (B)(1) of section 3317.19 of the Revised Code.50310

       (K)(H)(1) If a district is educating a student entitled to 50311
attend school in another district pursuant to a shared education 50312
contract, compact, or cooperative education agreement other than 50313
an agreement entered into pursuant to section 3313.842 of the 50314
Revised Code, credit to that educating district on an FTE basis 50315
both of the following:50316

       (a) An amount equal to the formula amount.50317

       (b) An amount equal to the current formula amount$5,73250318
times the state share percentage times any multiple applicable to 50319
the student for fiscal year 2009 pursuant to section 3306.1150320
3317.013 or 3317.014 of the Revised Code, as those sections 50321
existed for that fiscal year.50322

       (2) Deduct any amount credited pursuant to division (K)(H)(1) 50323
of this section from amounts paid to the school district in which 50324
the student is entitled to attend school pursuant to section 50325
3313.64 or 3313.65 of the Revised Code.50326

       (3) If the district is required by a shared education 50327
contract, compact, or cooperative education agreement to make 50328
payments to an educational service center, deduct the amounts from 50329
payments to the district and add them to the amounts paid to the 50330
service center pursuant to section 3317.11 of the Revised Code.50331

       (L)(I)(1) If a district, including a joint vocational school 50332
district, is a lead district of a VEPD, credit to that district 50333
the following amounts calculated for all the school districts 50334
within that VEPD pursuant to:50335

       (a) In any fiscal year except fiscal year 2012 or 2013, the 50336
amount computed under division (E)(D)(2) of section 3317.022 of 50337
the Revised Code.;50338

       (b) In fiscal years 2012 and 2013, an amount equal to the 50339
following:50340

state share percentage X .05 X $5,732 X
50341

the sum of categories one
50342

and two vocational education ADM
50343

       (2) Deduct from each appropriate district that is not a lead 50344
district, the amount attributable to that district that is 50345
credited to a lead district under division (L)(I)(1) of this 50346
section.50347

       (M)(J) If the department pays a joint vocational school 50348
district under division (G)(4) of section 3317.16 of the Revised 50349
Code for excess costs of providing special education and related 50350
services to a student with a disability, as calculated under 50351
division (G)(2) of that section, the department shall deduct the 50352
amount of that payment from the city, local, or exempted village 50353
school district that is responsible as specified in that section 50354
for the excess costs.50355

       (N)(K)(1) If the district reports an amount of excess cost 50356
for special education services for a child under division (C) of 50357
section 3323.14 of the Revised Code, the department shall pay that 50358
amount to the district.50359

       (2) If the district reports an amount of excess cost for 50360
special education services for a child under division (C) of 50361
section 3323.14 of the Revised Code, the department shall deduct 50362
that amount from the district of residence of that child.50363

       Sec. 3317.024.  The following shall be distributed monthly, 50364
quarterly, or annually as may be determined by the state board of 50365
education, except that the department of education shall not make 50366
payments under divisions (F) and (N) of this section for any 50367
fiscal year after fiscal year 2009 or under division (L) of this 50368
section for fiscal year 2010 or 2011:50369

       (A) An amount for each island school district and each joint 50370
state school district for the operation of each high school and 50371
each elementary school maintained within such district and for 50372
capital improvements for such schools. Such amounts shall be 50373
determined on the basis of standards adopted by the state board of 50374
education. However, for fiscal years 2012 and 2013, an island 50375
district shall receive the lesser of its actual cost of operation, 50376
as certified to the department of education, or ninety-three per 50377
cent of the amount the district received in state operating 50378
funding for fiscal year 2011. If an island district received no 50379
funding for fiscal year 2011, it shall receive no funding for 50380
either of fiscal year 2012 or 2013. 50381

       (B) An amount for each school district operating classes for 50382
children of migrant workers who are unable to be in attendance in 50383
an Ohio school during the entire regular school year. The amounts 50384
shall be determined on the basis of standards adopted by the state 50385
board of education, except that payment shall be made only for 50386
subjects regularly offered by the school district providing the 50387
classes.50388

       (C) An amount for each school district with guidance, 50389
testing, and counseling programs approved by the state board of 50390
education. The amount shall be determined on the basis of 50391
standards adopted by the state board of education.50392

       (D) An amount for the emergency purchase of school buses as 50393
provided for in section 3317.07 of the Revised Code;50394

       (E) An amount for each school district required to pay 50395
tuition for a child in an institution maintained by the department 50396
of youth services pursuant to section 3317.082 of the Revised 50397
Code, provided the child was not included in the calculation of 50398
the district's average daily membership for the preceding school 50399
year.50400

       (F) An amount for adult basic literacy education for each 50401
district participating in programs approved by the state board of 50402
education. The amount shall be determined on the basis of 50403
standards adopted by the state board of education.50404

       (G)(C) An amount for the approved cost of transporting 50405
eligible pupils with disabilities attending a special education 50406
program approved by the department of education whom it is 50407
impossible or impractical to transport by regular school bus in 50408
the course of regular route transportation provided by the school50409
district or educational service center. No district or service 50410
center is eligible to receive a payment under this division for 50411
the cost of transporting any pupil whom it transports by regular 50412
school bus and who is included in the district's transportation 50413
ADM. The state board of education shall establish standards and 50414
guidelines for use by the department of education in determining 50415
the approved cost of such transportation for each district or 50416
service center.50417

       (H)(D) An amount to each school district, including each 50418
cooperative education school district, pursuant to section 3313.81 50419
of the Revised Code to assist in providing free lunches to needy 50420
children and an amount to assist needy school districts in 50421
purchasing necessary equipment for food preparation. The amounts 50422
shall be determined on the basis of rules adopted by the state 50423
board of education.50424

       (I)(E) An amount to each school district, for each pupil 50425
attending a chartered nonpublic elementary or high school within 50426
the district. The amount shall equal the amount appropriated for 50427
the implementation of section 3317.06 of the Revised Code divided 50428
by the average daily membership in grades kindergarten through 50429
twelve in nonpublic elementary and high schools within the state 50430
as determined during the first full week in October of each school 50431
year.50432

       (J)(F) An amount for each county DD board, distributed on the 50433
basis of standards adopted by the state board of education, for 50434
the approved cost of transportation required for children 50435
attending special education programs operated by the county DD 50436
board under section 3323.09 of the Revised Code;50437

       (K) An amount for each school district that establishes a 50438
mentor teacher program that complies with rules of the state board 50439
of education. No school district shall be required to establish or 50440
maintain such a program in any year unless sufficient funds are 50441
appropriated to cover the district's total costs for the program.50442

       (L) An amount to each school district or educational service 50443
center for the total number of gifted units approved pursuant to 50444
section 3317.05 of the Revised Code. The amount for each such unit 50445
shall be the sum of the minimum salary for the teacher of the 50446
unit, calculated on the basis of the teacher's training level and 50447
years of experience pursuant to the salary schedule prescribed in 50448
the version of section 3317.13 of the Revised Code in effect prior 50449
to July 1, 2001, plus fifteen per cent of that minimum salary 50450
amount, plus two thousand six hundred seventy-eight dollars.50451

       (M)(G) An amount to each institution defined under section 50452
3317.082 of the Revised Code providing elementary or secondary 50453
education to children other than children receiving special 50454
education under section 3323.091 of the Revised Code. This amount 50455
for any institution in any fiscal year shall equal the total of 50456
all tuition amounts required to be paid to the institution under 50457
division (A)(1) of section 3317.082 of the Revised Code.50458

       (N) A grant to each school district and joint vocational 50459
school district that operates a "graduation, reality, and 50460
dual-role skills" (GRADS) program for pregnant and parenting 50461
students that is approved by the department. The amount of the 50462
payment shall be the district's state share percentage, as defined 50463
in section 3317.022 or 3317.16 of the Revised Code, times the 50464
GRADS personnel allowance times the full-time-equivalent number of 50465
GRADS teachers approved by the department. The GRADS personnel 50466
allowance is $47,555 in fiscal years 2008 and 2009. The GRADS 50467
program shall include instruction on adoption as an option for 50468
unintended pregnancies.50469

       The state board of education or any other board of education 50470
or governing board may provide for any resident of a district or 50471
educational service center territory any educational service for 50472
which funds are made available to the board by the United States 50473
under the authority of public law, whether such funds come 50474
directly or indirectly from the United States or any agency or 50475
department thereof or through the state or any agency, department, 50476
or political subdivision thereof.50477

       Sec. 3317.025.  On or before the first day of June of each 50478
year, the tax commissioner shall certify the following information 50479
to the department of education and the office of budget and 50480
management, for each school district in which the value of the 50481
property described under division (A) of this section exceeds one 50482
per cent of the taxable value of all real and tangible personal 50483
property in the district or in which is located tangible personal 50484
property designed for use or used in strip mining operations, 50485
whose taxable value exceeds five million dollars, and the taxes 50486
upon which the district is precluded from collecting by virtue of 50487
legal proceedings to determine the value of such property:50488

       (A) The total taxable value of all property in the district 50489
owned by a public utility or railroad that has filed a petition 50490
for reorganization under the "Bankruptcy Act," 47 Stat. 1474 50491
(1898), 11 U.S.C. 205, as amended, and all tangible personal 50492
property in the district designed for use or used in strip mining 50493
operations whose taxable value exceeds five million dollars upon 50494
which have not been paid in full on or before the first day of 50495
April of that calendar year all real and tangible personal 50496
property taxes levied for the preceding calendar year and which 50497
the district was precluded from collecting by virtue of 50498
proceedings under section 205 of said act or by virtue of legal 50499
proceedings to determine the tax liability of such strip mining 50500
equipment;50501

       (B) The percentage of the total operating taxes charged and 50502
payable for school district purposes levied against such valuation 50503
for the preceding calendar year that have not been paid by such 50504
date;50505

       (C) The product obtained by multiplying the value certified 50506
under division (A) of this section by the percentage certified 50507
under division (B) of this section. If the value certified under 50508
division (A) of this section includes taxable property owned by a 50509
public utility or railroad that has filed a petition for 50510
reorganization under the bankruptcy act, the amount used in making 50511
the calculation under this division shall be reduced by one per 50512
cent of the total value of all real and tangible personal property 50513
in the district or the value of the utility's or railroad's 50514
property, whichever is less.50515

       Upon receipt of the certification, the department shall 50516
recompute the payments required under Chapter 3306. of the 50517
Revised Codethis chapter in the manner the payments would have 50518
been computed if:50519

       (1) The amount certified under division (C) of this section 50520
was not subject to taxation by the district and was not included 50521
in the certification made under division (A)(1), (A)(2), or (D) of 50522
section 3317.021 of the Revised Code.50523

       (2) The amount of taxes charged and payable and unpaid and 50524
used to make the computation under division (B) of this section 50525
had not been levied and had not been used in the computation 50526
required by division (B) of section 3317.021 of the Revised Code. 50527
The department shall pay the district that amount in the ensuing 50528
fiscal year in lieu of the amounts computed under Chapter 3306. of 50529
the Revised Codethis chapter.50530

       If a school district received a grant from the catastrophic 50531
expenditures account pursuant to division (C) of section 3316.20 50532
of the Revised Code on the basis of the same circumstances for 50533
which a recomputation is made under this section, the amount of 50534
the recomputation shall be reduced and transferred in accordance 50535
with division (C) of section 3316.20 of the Revised Code.50536

       Sec. 3317.0210.  (A) As used in this section:50537

       (1) "Bankruptcy Reform Act" means the "Bankruptcy Reform Act 50538
of 1978," 92 Stat. 2558, 11 U.S.C. 301, as amended.50539

       (2) "Chapter 11 corporation" means a corporation, company, or 50540
other business organization that has filed a petition for 50541
reorganization under Chapter 11 of the "Bankruptcy Reform Act," 92 50542
Stat. 2626, 11 U.S.C. 1101, as amended.50543

       (3) "Uncollectable taxes" means property taxes payable in a 50544
calendar year by a Chapter 11 corporation on its property that a 50545
school district is precluded from collecting by virtue of 50546
proceedings under the Bankruptcy Reform Act.50547

       (4) "Basic state aid" means thea school district's state 50548
education aid calculated for a school district under Chapter 3306. 50549
of the Revised Code.50550

       (5) "Effective value" means the amount obtained by 50551
multiplying the total taxable value certified in a calendar year 50552
under section 3317.021 of the Revised Code by a fraction, the 50553
numerator of which is the total taxes charged and payable in that 50554
calendar year exclusive of the uncollectable taxes payable in that 50555
year, and the denominator of which is the total taxes charged and 50556
payable in that year.50557

       (6) "Total taxes charged and payable" has the same meaning 50558
given "taxes charged and payable" in section 3317.02 of the 50559
Revised Code.50560

       (B)(1) Between the first day of January and the first day of 50561
February of any year, a school district shall notify the 50562
department of education if it has uncollectable taxes payable in 50563
the preceding calendar year from one Chapter 11 corporation.50564

       (2) The department shall verify whether the district has such 50565
uncollectable taxes from such a corporation, and if the district 50566
does, shall immediately request the tax commissioner to certify 50567
the district's total taxes charged and payable in the preceding 50568
calendar year, and the tax commissioner shall certify that 50569
information to the department within thirty days after receiving 50570
the request. For the purposes of this section, taxes are payable 50571
in the calendar year that includes the day prescribed by law for 50572
their payment, including any lawful extension thereof.50573

       (C) Upon receiving the certification from the tax 50574
commissioner, the department shall determine whether the amount of 50575
uncollectable taxes from the corporation equals at least one per 50576
cent of the total taxes charged and payable as certified by the 50577
tax commissioner. If it does, the department shall compute the 50578
district's effective value and shall recompute the basic state aid 50579
payable to the district for the current fiscal year using the 50580
effective value in lieu of the total taxable value used to compute 50581
the basic state aid for the current fiscal year. The difference 50582
between the basic state aid amount originally computed for the 50583
district for the current fiscal year and the recomputed amount 50584
shall be paid to the district from the lottery profits education 50585
fund before the end of the current fiscal year.50586

       (D) Except as provided in division (E) of this section, 50587
amounts received by a school district under division (C) of this 50588
section shall be repaid to the department of education in any 50589
future year to the extent the district receives payments of 50590
uncollectable taxes in such future year. The district shall notify 50591
the department of any amount owed under this division.50592

       (E) If a school district received a grant from the 50593
catastrophic expenditures account pursuant to division (C) of 50594
section 3316.20 of the Revised Code on the basis of the same 50595
circumstances for which a recomputation is made under this 50596
section, the amount of the recomputation shall be reduced and 50597
transferred in accordance with division (C) of section 3316.20 of 50598
the Revised Code.50599

       Sec. 3317.0211.  (A) As used in this section:50600

       (1) "Port authority" means any port authority as defined in 50601
section 4582.01 or 4582.21 of the Revised Code.50602

       (2) "Real property" includes public utility real property and 50603
"personal property" includes public utility personal property.50604

       (3) "Uncollected taxes" means property taxes charged and 50605
payable against the property of a port authority for a tax year 50606
that a school district has not collected.50607

       (4) "Basic state aid" means thea school district's state 50608
education aid calculated for a school district under Chapter 3306. 50609
of the Revised Code.50610

       (5) "Effective value" means the sum of the effective 50611
residential/agricultural real property value, the effective 50612
nonresidential/agricultural real property value, and the effective 50613
personal value.50614

       (6) "Effective residential/agricultural real property value" 50615
means, for a tax year, the amount obtained by multiplying the 50616
value for that year of residential/agricultural real property 50617
subject to taxation in the district by a fraction, the numerator 50618
of which is the total taxes charged and payable for that year 50619
against the residential/agricultural real property subject to 50620
taxation in the district, exclusive of the uncollected taxes for 50621
that year on all real property subject to taxation in the 50622
district, and the denominator of which is the total taxes charged 50623
and payable for that year against the residential/agricultural 50624
real property subject to taxation in the district.50625

       (7) "Effective nonresidential/agricultural real property 50626
value" means, for a tax year, the amount obtained by multiplying 50627
the value for that year of nonresidential/agricultural real 50628
property subject to taxation in the district by a fraction, the 50629
numerator of which is the total taxes charged and payable for that 50630
year against the nonresidential/agricultural real property subject 50631
to taxation in the district, exclusive of the uncollected taxes 50632
for that year on all real property subject to taxation in the 50633
district, and the denominator of which is the total taxes charged 50634
and payable for that year against the nonresidential/agricultural 50635
real property subject to taxation in the district.50636

       (8) "Effective personal value" means, for a tax year, the 50637
amount obtained by multiplying the value for that year certified 50638
under division (A)(2) of section 3317.021 of the Revised Code by a 50639
fraction, the numerator of which is the total taxes charged and 50640
payable for that year against personal property subject to 50641
taxation in the district, exclusive of the uncollected taxes for 50642
that year on that property, and the denominator of which is the 50643
total taxes charged and payable for that year against personal 50644
property subject to taxation in the district.50645

       (9) "Nonresidential/agricultural real property value" means, 50646
for a tax year, the sum of the values certified for a school 50647
district for that year under division (B)(2)(a) of this section, 50648
and "residential/agricultural real property value" means, for a 50649
tax year, the sum of the values certified for a school district 50650
under division (B)(2)(b) of this section.50651

       (10) "Taxes charged and payable against real property" means 50652
the taxes charged and payable against that property after making 50653
the reduction required by section 319.301 of the Revised Code.50654

       (11) "Total taxes charged and payable" has the same meaning 50655
given "taxes charged and payable" in section 3317.02 of the 50656
Revised Code.50657

       (B)(1) By the first day of August of any calendar year, a 50658
school district shall notify the department of education if it has 50659
any uncollected taxes from one port authority for the second 50660
preceding tax year whose taxes charged and payable represent at 50661
least one-half of one per cent of the district's total taxes 50662
charged and payable for that tax year.50663

       (2) The department shall verify whether the district has such 50664
uncollected taxes by the first day of September, and if the 50665
district does, shall immediately request the county auditor of 50666
each county in which the school district has territory to certify 50667
the following information concerning the district's property 50668
values and taxes for the second preceding tax year, and each such 50669
auditor shall certify that information to the department within 50670
thirty days of receiving the request:50671

       (a) The value of the property subject to taxation in the 50672
district that was classified as nonresidential/agricultural real 50673
property pursuant to section 5713.041 of the Revised Code, and the 50674
taxes charged and payable on that property; and50675

       (b) The value of the property subject to taxation in the 50676
district that was classified as residential/agricultural real 50677
property under section 5713.041 of the Revised Code.50678

       (C) By the fifteenth day of November, the department shall 50679
compute the district's effective nonresidential/agricultural real 50680
property value, effective residential/agricultural real property 50681
value, effective personal value, and effective value, and shall 50682
determine whether the school district's effective value for the 50683
second preceding tax year is at least one per cent less than its 50684
total value for that year certified under divisions (A)(1) and (2) 50685
of section 3317.021 of the Revised Code. If it is, the department 50686
shall recompute the basic state aid payable to the district for 50687
the immediately preceding fiscal year using the effective value in 50688
lieu of the amounts previously certified under section 3317.021 of 50689
the Revised Code. The difference between the original basic state 50690
aid amount computed for the district for the preceding fiscal year 50691
and the recomputed amount shall be paid to the district from the 50692
lottery profits education fund before the end of the current 50693
fiscal year.50694

       (D) Except as provided in division (E) of this section, 50695
amounts received by a school district under division (C) of this 50696
section shall be repaid to the department of education in any 50697
future year to the extent the district receives payments of 50698
uncollectable taxes in such future year. The department shall 50699
notify a district of any amount owed under this division.50700

       (E) If a school district received a grant from the 50701
catastrophic expenditures account pursuant to division (C) of 50702
section 3316.20 of the Revised Code on the basis of the same 50703
circumstances for which a recomputation is made under this 50704
section, the amount of the recomputation shall be reduced and 50705
transferred in accordance with division (C) of section 3316.20 of 50706
the Revised Code.50707

       Sec. 3306.12.        Sec. 3317.0212. (A)The department of education shall 50708
make no payments under this section for fiscal year 2012 or 2013.50709

       (A) As used in this section:50710

        (1) "Assigned bus" means a school bus used to transport 50711
qualifying riders.50712

       (2) "Nontraditional ridership" means the average number of 50713
qualifying riders who are enrolled in a community school 50714
established under Chapter 3314. of the Revised Code, in a STEM 50715
school established under Chapter 3326. of the Revised Code, or in 50716
a nonpublic school and are provided school bus service by a school 50717
district during the first full week of October.50718

        (3) "Qualifying riders" means resident students enrolled in 50719
regular education in grades kindergarten to twelve who are 50720
provided school bus service by a school district and who live more 50721
than one mile from the school they attend, including students with 50722
dual enrollment in a joint vocational school district or a 50723
cooperative education school district, and students enrolled in a 50724
community school, STEM school, or nonpublic school.50725

       (4) "Qualifying ridership" means the average number of 50726
qualifying riders who are provided school bus service by a school 50727
district during the first full week of October.50728

       (5) "Rider density" means the number of qualifying riders per 50729
square mile of a school district.50730

       (6) "School bus service" means a school district's 50731
transportation of qualifying riders in any of the following types 50732
of vehicles:50733

       (a) School buses owned or leased by the district;50734

       (b) School buses operated by a private contractor hired by 50735
the district;50736

       (c) School buses operated by another school district or 50737
entity with which the district has contracted, either as part of a 50738
consortium for the provision of transportation or otherwise.50739

       (B) Not later than the fifteenth day of October each year, 50740
each city, local, and exempted village school district shall 50741
report to the department of education its qualifying ridership, 50742
nontraditional ridership, number of qualifying riders per assigned 50743
bus, and any other information requested by the department. 50744
Subsequent adjustments to the reported numbers shall be made only 50745
in accordance with rules adopted by the department.50746

       (C) The department shall calculate the statewide 50747
transportation cost per student as follows:50748

       (1) Determine each city, local, and exempted village school 50749
district's transportation cost per student by dividing the 50750
district's total costs for school bus service in the previous 50751
fiscal year by its qualifying ridership in the previous fiscal 50752
year.50753

       (2) After excluding districts that do not provide school bus 50754
service and the ten districts with the highest transportation 50755
costs per student and the ten districts with the lowest 50756
transportation costs per student, divide the aggregate cost for 50757
school bus service for the remaining districts in the previous 50758
fiscal year by the aggregate qualifying ridership of those 50759
districts in the previous fiscal year.50760

       (D) The department shall calculate the statewide 50761
transportation cost per mile as follows:50762

       (1) Determine each city, local, and exempted village school 50763
district's transportation cost per mile by dividing the district's 50764
total costs for school bus service in the previous fiscal year by 50765
its total number of miles driven for school bus service in the 50766
previous fiscal year.50767

       (2) After excluding districts that do not provide school bus 50768
service and the ten districts with the highest transportation 50769
costs per mile and the ten districts with the lowest 50770
transportation costs per mile, divide the aggregate cost for 50771
school bus service for the remaining districts in the previous 50772
fiscal year by the aggregate miles driven for school bus service 50773
in those districts in the previous fiscal year.50774

       (E) The department shall calculate each city, local, and 50775
exempted village school district's transportation base payment as 50776
follows:50777

       (1) Multiply the statewide transportation cost per student by 50778
the district's qualifying ridership for the current fiscal year.50779

       (2) Multiply the statewide transportation cost per mile by 50780
the district's total number of miles driven for school bus service 50781
in the current fiscal year.50782

       (3) Multiply the greater of the amounts calculated under 50783
divisions (E)(1) and (2) of this section by the greater of sixty 50784
per cent or the district's state share percentage, as defined in 50785
section 3317.02 of the Revised Code.50786

       (F) The department shall calculate each city, local, and 50787
exempted village school district's nontraditional ridership 50788
adjustment according to the following formula:50789

(nontraditional ridership for the current fiscal year /
50790

qualifying ridership for the current fiscal year) X 0.1 X
50791

transportation base payment
50792

       (G) If a city, local, andor exempted village school district 50793
offers school bus service to all resident students who are 50794
enrolled in regular education in district schools in grades nine 50795
to twelve and who live more than one mile from the school they 50796
attend, the department shall calculate the district's high school 50797
ridership adjustment according to the following formula:50798

0.025 X transportation base payment
50799

       (H) If a city, local, andor exempted village school district 50800
offers school bus service to students enrolled in grades 50801
kindergarten to eight who live more than one mile, but two miles 50802
or less, from the school they attend, the department shall 50803
calculate an additional adjustment according to the following 50804
formula:50805

0.025 X transportation base payment
50806

       (I)(1) The department annually shall establish a target 50807
number of qualifying riders per assigned bus for each city, local, 50808
and exempted village school district. The department shall use the 50809
most recently available data in establishing the target number. 50810
The target number shall be based on the statewide median number of 50811
qualifying riders per assigned bus as adjusted to reflect the 50812
district's rider density in comparison to the rider density of all 50813
other districts. The department shall post on the department's web 50814
site each district's target number of qualifying riders per 50815
assigned bus and a description of how the target number was 50816
determined.50817

       (2) The department shall determine each school district's 50818
efficiency index by dividing the district's median number of 50819
qualifying riders per assigned bus by its target number of 50820
qualifying riders per assigned bus.50821

       (3) The department shall determine each city, local, and 50822
exempted village school district's efficiency adjustment as 50823
follows:50824

       (a) If the district's efficiency index is equal to or greater 50825
than 1.5, the efficiency adjustment shall be calculated according 50826
to the following formula:50827

0.1 X transportation base payment
50828

       (b) If the district's efficiency index is less than 1.5 but 50829
equal to or greater than 1.0, the efficiency adjustment shall be 50830
calculated according to the following formula:50831

[(efficiency index – 1) / 5] X transportation base payment
50832

       (c) If the district's efficiency index is less than 1.0, the 50833
efficiency adjustment shall be zero.50834

       (J) The department shall pay each city, local, and exempted 50835
village school district the lesser of the following:50836

       (1) The sum of the amounts calculated under divisions (E) to 50837
(H) and (I)(3) of this section;50838

       (2) The district's total costs for school bus service for the 50839
prior fiscal year.50840

       (K) In addition to funds paid under division (J) of this 50841
section, each city, local, and exempted village district shall 50842
receive in accordance with rules adopted by the state board of 50843
education a payment for students transported by means other than 50844
school bus service and whose transportation is not funded under 50845
division (G)(C) of section 3317.024 of the Revised Code. The rules 50846
shall include provisions for school district reporting of such 50847
students.50848

       (L)(1) In fiscal years 2010 and 2011, the department shall 50849
pay each district a pro rata portion of the amounts calculated 50850
under division (J) of this section and described in division (K) 50851
of this section, based on state appropriations.50852

       (2) In addition to the prorated payment under division (L)(1) 50853
of this section, in fiscal years 2010 and 2011, the department 50854
shall pay each school district that meets the conditions 50855
prescribed in division (L)(3) of this section an additional amount 50856
equal to the following product:50857

       (a) The difference of (i) the amounts calculated under 50858
division (J) of this section and prescribed in division (K) of 50859
this section minus (ii) that prorated payment; times50860

       (b) 0.30 in fiscal year 2010 and 0.70 in fiscal year 2011.50861

       (3) Division (L)(2) of this section applies to each school 50862
district that meets all of the following conditions:50863

       (a) The district qualifies for the calculation of a payment 50864
under division (J) of this section because it transports students 50865
on board-owned or contractor-owned school buses.50866

       (b) The district's local wealth per pupil, calculated as 50867
prescribed in section 3317.0217 of the Revised Code, is at or 50868
below the median local wealth per pupil of all districts that 50869
qualify for calculation of a payment under division (J) of this 50870
section. 50871

       (c) The district's rider density is at or below the median 50872
rider density of all districts that qualify for calculation of a 50873
payment under division (J) of this section.50874

       Sec. 3317.03. The information certified and verified under 50875
this section shall be used to calculate payments under this 50876
chapter and Chapter 3306. of the Revised Code.50877

       (A) The superintendent of each city, local, and exempted 50878
village school district and of each educational service center 50879
shall, for the schools under the superintendent's supervision, 50880
certify to the state board of education on or before the fifteenth 50881
day of October in each year for the first full school week in 50882
October the average daily membership of students receiving 50883
services from schools under the superintendent's supervision, and 50884
the numbers of other students entitled to attend school in the 50885
district under section 3313.64 or 3313.65 of the Revised Code the 50886
superintendent is required to report under this section, so that 50887
the department of education can calculate the district's formula 50888
ADM. If a school under the superintendent's supervision is closed 50889
for one or more days during that week due to hazardous weather 50890
conditions or other circumstances described in the first paragraph 50891
of division (B) of section 3317.01 of the Revised Code, the 50892
superintendent may apply to the superintendent of public 50893
instruction for a waiver, under which the superintendent of public 50894
instruction may exempt the district superintendent from certifying 50895
the average daily membership for that school for that week and 50896
specify an alternate week for certifying the average daily 50897
membership of that school.50898

       The average daily membership during such week shall consist 50899
of the sum of the following:50900

       (1) On an FTE basis, the number of students in grades 50901
kindergarten through twelve receiving any educational services 50902
from the district, except that the following categories of 50903
students shall not be included in the determination:50904

       (a) Students enrolled in adult education classes;50905

       (b) Adjacent or other district students enrolled in the 50906
district under an open enrollment policy pursuant to section 50907
3313.98 of the Revised Code;50908

       (c) Students receiving services in the district pursuant to a 50909
compact, cooperative education agreement, or a contract, but who 50910
are entitled to attend school in another district pursuant to 50911
section 3313.64 or 3313.65 of the Revised Code;50912

       (d) Students for whom tuition is payable pursuant to sections 50913
3317.081 and 3323.141 of the Revised Code;50914

       (e) Students receiving services in the district through a 50915
scholarship awarded under section 3310.41 of the Revised Code.50916

       (2) On an FTE basis, the number of students entitled to 50917
attend school in the district pursuant to section 3313.64 or 50918
3313.65 of the Revised Code, but receiving educational services in 50919
grades kindergarten through twelve from one or more of the 50920
following entities:50921

       (a) A community school pursuant to Chapter 3314. of the 50922
Revised Code, including any participation in a college pursuant to 50923
Chapter 3365. of the Revised Code while enrolled in such community 50924
school;50925

       (b) An alternative school pursuant to sections 3313.974 to 50926
3313.979 of the Revised Code as described in division (I)(2)(a) or 50927
(b) of this section;50928

       (c) A college pursuant to Chapter 3365. of the Revised Code, 50929
except when the student is enrolled in the college while also 50930
enrolled in a community school pursuant to Chapter 3314. or a 50931
science, technology, engineering, and mathematics school 50932
established under Chapter 3326. of the Revised Code;50933

       (d) An adjacent or other school district under an open 50934
enrollment policy adopted pursuant to section 3313.98 of the 50935
Revised Code;50936

       (e) An educational service center or cooperative education 50937
district;50938

       (f) Another school district under a cooperative education 50939
agreement, compact, or contract;50940

       (g) A chartered nonpublic school with a scholarship paid 50941
under section 3310.08 of the Revised Code;50942

        (h) An alternative public provider or a registered private 50943
provider with a scholarship awarded under section 3310.41 of the 50944
Revised Code. 50945

       As used in this section, "alternative public provider" and 50946
"registered private provider" have the same meanings as in section 50947
3310.41 of the Revised Code.50948

       (i) A science, technology, engineering, and mathematics 50949
school established under Chapter 3326. of the Revised Code, 50950
including any participation in a college pursuant to Chapter 3365. 50951
of the Revised Code while enrolled in the school.50952

       (3) The number of students enrolled in a joint vocational 50953
school district or under a vocational education compact, excluding 50954
any students entitled to attend school in the district under 50955
section 3313.64 or 3313.65 of the Revised Code who are enrolled in 50956
another school district through an open enrollment policy as 50957
reported under division (A)(2)(d) of this section and then enroll 50958
in a joint vocational school district or under a vocational 50959
education compact;50960

       (4) The number of children with disabilities, other than 50961
preschool children with disabilities, entitled to attend school in 50962
the district pursuant to section 3313.64 or 3313.65 of the Revised 50963
Code who are placed by the district with a county DD board, minus 50964
the number of such children placed with a county DD board in 50965
fiscal year 1998. If this calculation produces a negative number, 50966
the number reported under division (A)(4) of this section shall be 50967
zero.50968

       (B) To enable the department of education to obtain the data 50969
needed to complete the calculation of payments pursuant to this 50970
chapter and Chapter 3306. of the Revised Code, in addition to the 50971
average daily membership, each superintendent shall report 50972
separately the following student counts for the same week for 50973
which average daily membership is certified:50974

       (1) The total average daily membership in regular learning 50975
day classes included in the report under division (A)(1) or (2) of 50976
this section for each of the individual grades kindergarten 50977
through twelve in schools under the superintendent's supervision;50978

       (2) The number of all preschool children with disabilities 50979
enrolled as of the first day of December in classes in the 50980
district that are eligible for approval under division (B) of 50981
section 3317.05 of the Revised Code and the number of those 50982
classes, which shall be reported not later than the fifteenth day 50983
of December, in accordance with rules adopted under that section;50984

       (3) The number of children entitled to attend school in the 50985
district pursuant to section 3313.64 or 3313.65 of the Revised 50986
Code who are:50987

       (a) Participating in a pilot project scholarship program 50988
established under sections 3313.974 to 3313.979 of the Revised 50989
Code as described in division (I)(2)(a) or (b) of this section;50990

       (b) Enrolled in a college under Chapter 3365. of the Revised 50991
Code, except when the student is enrolled in the college while 50992
also enrolled in a community school pursuant to Chapter 3314. or a 50993
science, technology, engineering, and mathematics school 50994
established under Chapter 3326. of the Revised Code;50995

       (c) Enrolled in an adjacent or other school district under 50996
section 3313.98 of the Revised Code;50997

       (d) Enrolled in a community school established under Chapter 50998
3314. of the Revised Code that is not an internet- or 50999
computer-based community school as defined in section 3314.02 of 51000
the Revised Code, including any participation in a college 51001
pursuant to Chapter 3365. of the Revised Code while enrolled in 51002
such community school;51003

       (e) Enrolled in an internet- or computer-based community 51004
school, as defined in section 3314.02 of the Revised Code, 51005
including any participation in a college pursuant to Chapter 3365. 51006
of the Revised Code while enrolled in the school;51007

        (f) Enrolled in a chartered nonpublic school with a 51008
scholarship paid under section 3310.08 of the Revised Code;51009

       (g) Enrolled in kindergarten through grade twelve in an 51010
alternative public provider or a registered private provider with 51011
a scholarship awarded under section 3310.41 of the Revised Code;51012

        (h) Enrolled as a preschool child with a disability in an 51013
alternative public provider or a registered private provider with 51014
a scholarship awarded under section 3310.41 of the Revised Code;51015

       (i) Participating in a program operated by a county DD board 51016
or a state institution;51017

       (j) Enrolled in a science, technology, engineering, and 51018
mathematics school established under Chapter 3326. of the Revised 51019
Code, including any participation in a college pursuant to Chapter 51020
3365. of the Revised Code while enrolled in the school.51021

       (4) The number of pupils enrolled in joint vocational 51022
schools;51023

       (5) The average daily membership of children with 51024
disabilities reported under division (A)(1) or (2) of this section 51025
receiving special education services for the category one 51026
disability described in division (D)(1)(A) of section 3306.0251027
3317.013 of the Revised Code;51028

       (6) The average daily membership of children with 51029
disabilities reported under division (A)(1) or (2) of this section 51030
receiving special education services for category two disabilities 51031
described in division (D)(2)(B) of section 3306.023317.013 of the 51032
Revised Code;51033

       (7) The average daily membership of children with 51034
disabilities reported under division (A)(1) or (2) of this section 51035
receiving special education services for category three 51036
disabilities described in division (D)(3)(C) of section 3306.0251037
3317.013 of the Revised Code;51038

       (8) The average daily membership of children with 51039
disabilities reported under division (A)(1) or (2) of this section 51040
receiving special education services for category four 51041
disabilities described in division (D)(4) of section 3306.0251042
3317.013 of the Revised Code;51043

       (9) The average daily membership of children with 51044
disabilities reported under division (A)(1) or (2) of this section 51045
receiving special education services for the category five 51046
disabilities described in division (D)(5)(E) of section 3306.0251047
3317.013 of the Revised Code;51048

       (10) The combined average daily membership of children with 51049
disabilities reported under division (A)(1) or (2) and under 51050
division (B)(3)(h) of this section receiving special education 51051
services for category six disabilities described in division 51052
(D)(6)(F) of section 3306.023317.013 of the Revised Code, 51053
including children attending a special education program operated 51054
by an alternative public provider or a registered private provider 51055
with a scholarship awarded under section 3310.41 of the Revised 51056
Code;51057

       (11) The average daily membership of pupils reported under 51058
division (A)(1) or (2) of this section enrolled in category one 51059
vocational education programs or classes, described in division 51060
(A) of section 3317.014 of the Revised Code, operated by the 51061
school district or by another district, other than a joint 51062
vocational school district, or by an educational service center, 51063
excluding any student reported under division (B)(3)(e) of this 51064
section as enrolled in an internet- or computer-based community 51065
school, notwithstanding division (C) of section 3317.02 of the 51066
Revised Code and division (C)(3) of this section;51067

       (12) The average daily membership of pupils reported under 51068
division (A)(1) or (2) of this section enrolled in category two 51069
vocational education programs or services, described in division 51070
(B) of section 3317.014 of the Revised Code, operated by the 51071
school district or another school district, other than a joint 51072
vocational school district, or by an educational service center, 51073
excluding any student reported under division (B)(3)(e) of this 51074
section as enrolled in an internet- or computer-based community 51075
school, notwithstanding division (C) of section 3317.02 of the 51076
Revised Code and division (C)(3) of this section;51077

       Beginning with fiscal year 2010, vocational education ADM 51078
shall not be used to calculate a district's funding but shall be 51079
reported under divisions (B)(11) and (12) of this section for 51080
statistical purposes.51081

       (13) The average number of children transported by the school 51082
district on board-owned or contractor-owned and -operated buses, 51083
reported in accordance with rules adopted by the department of 51084
education;51085

       (14)(a) The number of children, other than preschool children 51086
with disabilities, the district placed with a county DD board in 51087
fiscal year 1998;51088

       (b) The number of children with disabilities, other than 51089
preschool children with disabilities, placed with a county DD 51090
board in the current fiscal year to receive special education 51091
services for the category one disability described in division 51092
(D)(1)(A) of section 3306.023317.013 of the Revised Code;51093

       (c) The number of children with disabilities, other than 51094
preschool children with disabilities, placed with a county DD 51095
board in the current fiscal year to receive special education 51096
services for category two disabilities described in division 51097
(D)(2)(B) of section 3306.023317.013 of the Revised Code;51098

       (d) The number of children with disabilities, other than 51099
preschool children with disabilities, placed with a county DD 51100
board in the current fiscal year to receive special education 51101
services for category three disabilities described in division 51102
(D)(3)(C) of section 3306.023317.013 of the Revised Code;51103

       (e) The number of children with disabilities, other than 51104
preschool children with disabilities, placed with a county DD 51105
board in the current fiscal year to receive special education 51106
services for category four disabilities described in division 51107
(D)(4) of section 3306.023317.013 of the Revised Code;51108

       (f) The number of children with disabilities, other than 51109
preschool children with disabilities, placed with a county DD 51110
board in the current fiscal year to receive special education 51111
services for the category five disabilities described in division 51112
(D)(5)(E) of section 3306.023317.013 of the Revised Code;51113

       (g) The number of children with disabilities, other than 51114
preschool children with disabilities, placed with a county DD 51115
board in the current fiscal year to receive special education 51116
services for category six disabilities described in division 51117
(D)(6)(F) of section 3306.023317.013 of the Revised Code.51118

       (C)(1) The average daily membership in divisions (B)(1) to 51119
(12) of this section shall be based upon the number of full-time 51120
equivalent students. The state board of education shall adopt 51121
rules defining full-time equivalent students and for determining 51122
the average daily membership therefrom for the purposes of 51123
divisions (A), (B), and (D) of this section. 51124

       (2) A student enrolled in a community school established 51125
under Chapter 3314. or a science, technology, engineering, and 51126
mathematics school established under Chapter 3326. of the Revised 51127
Code shall be counted in the formula ADM and, if applicable, the 51128
category one, two, three, four, five, or six special education ADM 51129
of the school district in which the student is entitled to attend 51130
school under section 3313.64 or 3313.65 of the Revised Code for 51131
the same proportion of the school year that the student is counted 51132
in the enrollment of the community school or the science, 51133
technology, engineering, and mathematics school for purposes of 51134
section 3314.08 or 3326.33 of the Revised Code. Notwithstanding 51135
the number of students reported pursuant to division (B)(3)(d), 51136
(e), or (j) of this section, the department may adjust the formula 51137
ADM of a school district to account for students entitled to 51138
attend school in the district under section 3313.64 or 3313.65 of 51139
the Revised Code who are enrolled in a community school or a 51140
science, technology, engineering, and mathematics school for only 51141
a portion of the school year.51142

        (3) No child shall be counted as more than a total of one 51143
child in the sum of the average daily memberships of a school 51144
district under division (A), divisions (B)(1) to (12), or division 51145
(D) of this section, except as follows:51146

       (a) A child with a disability described in division (D) of51147
section 3306.023317.013 of the Revised Code may be counted both 51148
in formula ADM and in category one, two, three, four, five, or six 51149
special education ADM and, if applicable, in category one or two 51150
vocational education ADM. As provided in division (C) of section 51151
3317.02 of the Revised Code, such a child shall be counted in 51152
category one, two, three, four, five, or six special education ADM 51153
in the same proportion that the child is counted in formula ADM.51154

       (b) A child enrolled in vocational education programs or 51155
classes described in section 3317.014 of the Revised Code may be 51156
counted both in formula ADM and category one or two vocational 51157
education ADM and, if applicable, in category one, two, three, 51158
four, five, or six special education ADM. Such a child shall be 51159
counted in category one or two vocational education ADM in the 51160
same proportion as the percentage of time that the child spends in 51161
the vocational education programs or classes.51162

       (4) Based on the information reported under this section, the 51163
department of education shall determine the total student count, 51164
as defined in section 3301.011 of the Revised Code, for each 51165
school district.51166

       (D)(1) The superintendent of each joint vocational school 51167
district shall certify to the superintendent of public instruction 51168
on or before the fifteenth day of October in each year for the 51169
first full school week in October the formula ADM, for purposes of 51170
section 3318.42 of the Revised Code and for any other purpose 51171
prescribed by law for which "formula ADM" of the joint vocational 51172
district is a factor. If a school operated by the joint vocational 51173
school district is closed for one or more days during that week 51174
due to hazardous weather conditions or other circumstances 51175
described in the first paragraph of division (B) of section 51176
3317.01 of the Revised Code, the superintendent may apply to the 51177
superintendent of public instruction for a waiver, under which the 51178
superintendent of public instruction may exempt the district 51179
superintendent from certifying the formula ADM for that school for 51180
that week and specify an alternate week for certifying the formula 51181
ADM of that school.51182

       The formula ADM, except as otherwise provided in this 51183
division, shall consist of the average daily membership during 51184
such week, on an FTE basis, of the number of students receiving 51185
any educational services from the district, including students 51186
enrolled in a community school established under Chapter 3314. or 51187
a science, technology, engineering, and mathematics school 51188
established under Chapter 3326. of the Revised Code who are 51189
attending the joint vocational district under an agreement between 51190
the district board of education and the governing authority of the 51191
community school or the governing body of the science, technology, 51192
engineering, and mathematics school and are entitled to attend 51193
school in a city, local, or exempted village school district whose 51194
territory is part of the territory of the joint vocational 51195
district.51196

        The following categories of students shall not be included in 51197
the determination made under division (D)(1) of this section:51198

       (a) Students enrolled in adult education classes;51199

       (b) Adjacent or other district joint vocational students 51200
enrolled in the district under an open enrollment policy pursuant 51201
to section 3313.98 of the Revised Code;51202

       (c) Students receiving services in the district pursuant to a 51203
compact, cooperative education agreement, or a contract, but who 51204
are entitled to attend school in a city, local, or exempted 51205
village school district whose territory is not part of the 51206
territory of the joint vocational district;51207

       (d) Students for whom tuition is payable pursuant to sections 51208
3317.081 and 3323.141 of the Revised Code.51209

       (2) InTo enable the department of education to obtain the 51210
data needed to complete the calculation of payments pursuant to 51211
this chapter, in addition to the formula ADM, each superintendent 51212
shall report separately the average daily membership included in 51213
the report under division (D)(1) of this section for each of the 51214
following categories of students for the same week for which 51215
formula ADM is certified:51216

       (a) Students enrolled in each individual grade included in 51217
the joint vocational district schools;51218

       (b) Children with disabilities receiving special education 51219
services for the category one disability described in division 51220
(D)(1)(A) of section 3306.023317.013 of the Revised Code;51221

       (c) Children with disabilities receiving special education 51222
services for the category two disabilities described in division 51223
(D)(2)(B) of section 3306.023317.013 of the Revised Code;51224

       (d) Children with disabilities receiving special education 51225
services for category three disabilities described in division 51226
(D)(3)(C) of section 3306.023317.013 of the Revised Code;51227

       (e) Children with disabilities receiving special education 51228
services for category four disabilities described in division 51229
(D)(4) of section 3306.023317.013 of the Revised Code;51230

       (f) Children with disabilities receiving special education 51231
services for the category five disabilities described in division 51232
(D)(5)(E) of section 3306.023317.013 of the Revised Code;51233

       (g) Children with disabilities receiving special education 51234
services for category six disabilities described in division 51235
(D)(6)(F) of section 3306.023317.013 of the Revised Code;51236

       (h) Students receiving category one vocational education 51237
services, described in division (A) of section 3317.014 of the 51238
Revised Code;51239

       (i) Students receiving category two vocational education 51240
services, described in division (B) of section 3317.014 of the 51241
Revised Code.51242

       The superintendent of each joint vocational school district 51243
shall also indicate the city, local, or exempted village school 51244
district in which each joint vocational district pupil is entitled 51245
to attend school pursuant to section 3313.64 or 3313.65 of the 51246
Revised Code.51247

       (E) In each school of each city, local, exempted village, 51248
joint vocational, and cooperative education school district there 51249
shall be maintained a record of school membership, which record 51250
shall accurately show, for each day the school is in session, the 51251
actual membership enrolled in regular day classes. For the purpose 51252
of determining average daily membership, the membership figure of 51253
any school shall not include any pupils except those pupils 51254
described by division (A) of this section. The record of 51255
membership for each school shall be maintained in such manner that 51256
no pupil shall be counted as in membership prior to the actual 51257
date of entry in the school and also in such manner that where for 51258
any cause a pupil permanently withdraws from the school that pupil 51259
shall not be counted as in membership from and after the date of 51260
such withdrawal. There shall not be included in the membership of 51261
any school any of the following:51262

       (1) Any pupil who has graduated from the twelfth grade of a 51263
public or nonpublic high school;51264

       (2) Any pupil who is not a resident of the state;51265

       (3) Any pupil who was enrolled in the schools of the district 51266
during the previous school year when assessments were administered 51267
under section 3301.0711 of the Revised Code but did not take one 51268
or more of the assessments required by that section and was not 51269
excused pursuant to division (C)(1) or (3) of that section;51270

       (4) Any pupil who has attained the age of twenty-two years, 51271
except for veterans of the armed services whose attendance was 51272
interrupted before completing the recognized twelve-year course of 51273
the public schools by reason of induction or enlistment in the 51274
armed forces and who apply for reenrollment in the public school 51275
system of their residence not later than four years after 51276
termination of war or their honorable discharge.51277

       If, however, any veteran described by division (E)(4) of this 51278
section elects to enroll in special courses organized for veterans 51279
for whom tuition is paid under the provisions of federal laws, or 51280
otherwise, that veteran shall not be included in average daily 51281
membership.51282

       Notwithstanding division (E)(3) of this section, the 51283
membership of any school may include a pupil who did not take an 51284
assessment required by section 3301.0711 of the Revised Code if 51285
the superintendent of public instruction grants a waiver from the 51286
requirement to take the assessment to the specific pupil and a 51287
parent is not paying tuition for the pupil pursuant to section 51288
3313.6410 of the Revised Code. The superintendent may grant such a 51289
waiver only for good cause in accordance with rules adopted by the 51290
state board of education.51291

       Except as provided in divisions (B)(2) and (F) of this 51292
section, the average daily membership figure of any local, city, 51293
exempted village, or joint vocational school district shall be 51294
determined by dividing the figure representing the sum of the 51295
number of pupils enrolled during each day the school of attendance 51296
is actually open for instruction during the week for which the 51297
average daily membership is being certified by the total number of 51298
days the school was actually open for instruction during that 51299
week. For purposes of state funding, "enrolled" persons are only 51300
those pupils who are attending school, those who have attended 51301
school during the current school year and are absent for 51302
authorized reasons, and those children with disabilities currently 51303
receiving home instruction.51304

       The average daily membership figure of any cooperative 51305
education school district shall be determined in accordance with 51306
rules adopted by the state board of education.51307

       (F)(1) If the formula ADM for the first full school week in 51308
February is at least three per cent greater than that certified 51309
for the first full school week in the preceding October, the 51310
superintendent of schools of any city, exempted village, or joint 51311
vocational school district or educational service center shall 51312
certify such increase to the superintendent of public instruction. 51313
Such certification shall be submitted no later than the fifteenth 51314
day of February. For the balance of the fiscal year, beginning 51315
with the February payments, the superintendent of public 51316
instruction shall use the increased formula ADM in calculating or 51317
recalculating the amounts to be allocated in accordance with 51318
section 3317.022 or 3317.16 of the Revised Code. In no event shall 51319
the superintendent use an increased membership certified to the 51320
superintendent after the fifteenth day of February. Division 51321
(F)(1) of this section does not apply after fiscal year 2006.51322

       (2) If on the first school day of April the total number of 51323
classes or units for preschool children with disabilities that are 51324
eligible for approval under division (B) of section 3317.05 of the 51325
Revised Code exceeds the number of units that have been approved 51326
for the year under that division, the superintendent of schools of 51327
any city, exempted village, or cooperative education school 51328
district or educational service center shall make the 51329
certifications required by this section for that day. If the 51330
department determines additional units can be approved for the 51331
fiscal year within any limitations set forth in the acts 51332
appropriating moneys for the funding of such units, the department 51333
shall approve additional units for the fiscal year on the basis of 51334
such average daily membership. For each unit so approved, the 51335
department shall pay an amount computed in the manner prescribed 51336
in section 3317.052 or 3317.19 and section 3317.053 of the Revised 51337
Code.51338

       (3) If a student attending a community school under Chapter 51339
3314. or a science, technology, engineering, and mathematics 51340
school established under Chapter 3326. of the Revised Code is not 51341
included in the formula ADM certified for the school district in 51342
which the student is entitled to attend school under section 51343
3313.64 or 3313.65 of the Revised Code, the department of 51344
education shall adjust the formula ADM of that school district to 51345
include the student in accordance with division (C)(2) of this 51346
section, and shall recalculate the school district's payments 51347
under this chapter and Chapter 3306. of the Revised Code for the 51348
entire fiscal year on the basis of that adjusted formula ADM. This 51349
requirement applies regardless of whether the student was 51350
enrolled, as defined in division (E) of this section, in the 51351
community school or the science, technology, engineering, and 51352
mathematics school during the week for which the formula ADM is 51353
being certified.51354

       (4) If a student awarded an educational choice scholarship is 51355
not included in the formula ADM of the school district from which 51356
the department deducts funds for the scholarship under section 51357
3310.08 of the Revised Code, the department shall adjust the 51358
formula ADM of that school district to include the student to the 51359
extent necessary to account for the deduction, and shall 51360
recalculate the school district's payments under this chapter and 51361
Chapter 3306. of the Revised Code for the entire fiscal year on 51362
the basis of that adjusted formula ADM. This requirement applies 51363
regardless of whether the student was enrolled, as defined in 51364
division (E) of this section, in the chartered nonpublic school, 51365
the school district, or a community school during the week for 51366
which the formula ADM is being certified.51367

       (G)(1)(a) The superintendent of an institution operating a 51368
special education program pursuant to section 3323.091 of the 51369
Revised Code shall, for the programs under such superintendent's 51370
supervision, certify to the state board of education, in the 51371
manner prescribed by the superintendent of public instruction, 51372
both of the following:51373

       (i) The average daily membership of all children with 51374
disabilities other than preschool children with disabilities 51375
receiving services at the institution for each category of 51376
disability described in divisions (D)(1) to (6)(A) to (F) of 51377
section 3306.023317.013 of the Revised Code;51378

       (ii) The average daily membership of all preschool children 51379
with disabilities in classes or programs approved annually by the 51380
department of education for unit funding under section 3317.05 of 51381
the Revised Code.51382

       (b) The superintendent of an institution with vocational 51383
education units approved under division (A) of section 3317.05 of 51384
the Revised Code shall, for the units under the superintendent's 51385
supervision, certify to the state board of education the average 51386
daily membership in those units, in the manner prescribed by the 51387
superintendent of public instruction.51388

       (2) The superintendent of each county DD board that maintains 51389
special education classes under section 3317.20 of the Revised 51390
Code or units approved pursuant to section 3317.05 of the Revised 51391
Code shall do both of the following:51392

       (a) Certify to the state board, in the manner prescribed by 51393
the board, the average daily membership in classes under section 51394
3317.20 of the Revised Code for each school district that has 51395
placed children in the classes;51396

       (b) Certify to the state board, in the manner prescribed by 51397
the board, the number of all preschool children with disabilities 51398
enrolled as of the first day of December in classes eligible for 51399
approval under division (B) of section 3317.05 of the Revised 51400
Code, and the number of those classes.51401

       (3)(a) If on the first school day of April the number of 51402
classes or units maintained for preschool children with 51403
disabilities by the county DD board that are eligible for approval 51404
under division (B) of section 3317.05 of the Revised Code is 51405
greater than the number of units approved for the year under that 51406
division, the superintendent shall make the certification required 51407
by this section for that day.51408

       (b) If the department determines that additional classes or 51409
units can be approved for the fiscal year within any limitations 51410
set forth in the acts appropriating moneys for the funding of the 51411
classes and units described in division (G)(3)(a) of this section, 51412
the department shall approve and fund additional units for the 51413
fiscal year on the basis of such average daily membership. For 51414
each unit so approved, the department shall pay an amount computed 51415
in the manner prescribed in sections 3317.052 and 3317.053 of the 51416
Revised Code.51417

       (H) Except as provided in division (I) of this section, when 51418
any city, local, or exempted village school district provides 51419
instruction for a nonresident pupil whose attendance is 51420
unauthorized attendance as defined in section 3327.06 of the 51421
Revised Code, that pupil's membership shall not be included in 51422
that district's membership figure used in the calculation of that 51423
district's formula ADM or included in the determination of any 51424
unit approved for the district under section 3317.05 of the 51425
Revised Code. The reporting official shall report separately the 51426
average daily membership of all pupils whose attendance in the 51427
district is unauthorized attendance, and the membership of each 51428
such pupil shall be credited to the school district in which the 51429
pupil is entitled to attend school under division (B) of section 51430
3313.64 or section 3313.65 of the Revised Code as determined by 51431
the department of education.51432

       (I)(1) A city, local, exempted village, or joint vocational 51433
school district admitting a scholarship student of a pilot project 51434
district pursuant to division (C) of section 3313.976 of the 51435
Revised Code may count such student in its average daily 51436
membership.51437

       (2) In any year for which funds are appropriated for pilot 51438
project scholarship programs, a school district implementing a 51439
state-sponsored pilot project scholarship program that year 51440
pursuant to sections 3313.974 to 3313.979 of the Revised Code may 51441
count in average daily membership:51442

       (a) All children residing in the district and utilizing a 51443
scholarship to attend kindergarten in any alternative school, as 51444
defined in section 3313.974 of the Revised Code;51445

       (b) All children who were enrolled in the district in the 51446
preceding year who are utilizing a scholarship to attend any such51447
an alternative school.51448

       (J) The superintendent of each cooperative education school 51449
district shall certify to the superintendent of public 51450
instruction, in a manner prescribed by the state board of 51451
education, the applicable average daily memberships for all 51452
students in the cooperative education district, also indicating 51453
the city, local, or exempted village district where each pupil is 51454
entitled to attend school under section 3313.64 or 3313.65 of the 51455
Revised Code.51456

       (K) If the superintendent of public instruction determines 51457
that a component of the average daily membership certified or 51458
reported by a district superintendent, or other reporting entity, 51459
is not correct, the superintendent of public instruction may order 51460
that the formula ADM used for the purposes of payments under any 51461
section of Title XXXIII of the Revised Code be adjusted in the 51462
amount of the error.51463

       Sec. 3317.031.  A membership record shall be kept by grade 51464
level in each city, local, exempted village, joint vocational, and 51465
cooperative education school district and such a record shall be 51466
kept by grade level in each educational service center that 51467
provides academic instruction to pupils, classes for pupils with 51468
disabilities, or any other direct instructional services to 51469
pupils. Such membership record shall show the following 51470
information for each pupil enrolled: Name, date of birth, name of 51471
parent, date entered school, date withdrawn from school, days 51472
present, days absent, and the number of days school was open for 51473
instruction while the pupil was enrolled. At the end of the school 51474
year this membership record shall show the total days present, the 51475
total days absent, and the total days due for all pupils in each 51476
grade. Such membership record shall show the pupils that are 51477
transported to and from school and it shall also show the pupils 51478
that are transported living within one mile of the school 51479
attended. This membership record shall also show any other 51480
information prescribed by the state board of education.51481

       This membership record shall be kept intact for at least five 51482
years and shall be made available to the state board of education 51483
or its representative in making an audit of the average daily 51484
membership or the transportation of the district or educational 51485
service center. The membership records of local school districts 51486
shall be filed at the close of each school year in the office of 51487
the educational service center superintendent.51488

       The state board of education may withhold any money due any 51489
school district or educational service center under this chapter 51490
and Chapter 3306. of the Revised Code until it has satisfactory 51491
evidence that the board of education or educational service center 51492
governing board has fully complied with all of the provisions of 51493
this section.51494

       Nothing in this section shall require any person to release, 51495
or to permit access to, public school records in violation of 51496
section 3319.321 of the Revised Code.51497

       Sec. 3317.05.  (A) For the purpose of calculating payments 51498
under sections 3317.052 and 3317.053 of the Revised Code, the 51499
department of education shall determine for each institution, by 51500
the last day of January of each year and based on information 51501
certified under section 3317.03 of the Revised Code, the number of 51502
vocational education units or fractions of units approved by the 51503
department on the basis of standards and rules adopted by the 51504
state board of education. As used in this division, "institution" 51505
means an institution operated by a department specified in section 51506
3323.091 of the Revised Code and that provides vocational 51507
education programs under the supervision of the division of 51508
vocational education of the department that meet the standards and 51509
rules for these programs, including licensure of professional 51510
staff involved in the programs, as established by the state board.51511

       (B) For the purpose of calculating payments under sections 51512
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the 51513
department shall determine, based on information certified under 51514
section 3317.03 of the Revised Code, the following by the last day 51515
of January of each year for each educational service center, for 51516
each school district, including each cooperative education school 51517
district, for each institution eligible for payment under section 51518
3323.091 of the Revised Code, and for each county DD board: the 51519
number of classes operated by the school district, service center, 51520
institution, or county DD board for preschool children with 51521
disabilities, or fraction thereof, including in the case of a 51522
district or service center that is a funding agent, classes taught 51523
by a licensed teacher employed by that district or service center 51524
under section 3313.841 of the Revised Code, approved annually by 51525
the department on the basis of standards and rules adopted by the 51526
state board.51527

       (C) For the purpose of calculating payments under sections 51528
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the 51529
department shall determine, based on information certified under 51530
section 3317.03 of the Revised Code, the following by the last day 51531
of January of each year for each school district, including each 51532
cooperative education school district, for each institution 51533
eligible for payment under section 3323.091 of the Revised Code, 51534
and for each county DD board: the number of units for related 51535
services, as defined in section 3323.01 of the Revised Code, for 51536
preschool children with disabilities approved annually by the 51537
department on the basis of standards and rules adopted by the 51538
state board.51539

       (D) All of the arithmetical calculations made under this 51540
section shall be carried to the second decimal place. The total 51541
number of units for school districts, service centers, and 51542
institutions approved annually under this section shall not exceed 51543
the number of units included in the estimate of cost for these 51544
units and appropriations made for them by the general assembly.51545

        In the case of units for preschool children with disabilities 51546
described in division (B) of this section, the department shall 51547
approve only preschool units for children who are under age six on 51548
the thirtieth day of September of the academic year, or on the 51549
first day of August of the academic year if the school district in 51550
which the child is enrolled has adopted a resolution under 51551
division (A)(3) of section 3321.01 of the Revised Code, but not 51552
less than age three on the first day of December of the academic 51553
year, except that such a unit may include one or more children who 51554
are under age three or are age six or over on the applicable date, 51555
as reported under division (B)(2) or (G)(2)(b) of section 3317.03 51556
of the Revised Code, if such children have been admitted to the 51557
unit pursuant to rules of the state board. The number of units for 51558
county DD boards and institutions eligible for payment under 51559
section 3323.091 of the Revised Code approved under this section 51560
shall not exceed the number that can be funded with appropriations 51561
made for such purposes by the general assembly.51562

       No unit shall be approved under divisions (B) and (C) of this 51563
section unless a plan has been submitted and approved under 51564
Chapter 3323. of the Revised Code.51565

       (E) The department shall approve units or fractions thereof 51566
for gifted children on the basis of standards and rules adopted by 51567
the state board.51568

       Sec. 3317.051. (A)(1) Notwithstanding sections 3317.05 and 51569
3317.11 of the Revised Code, a unit funded pursuant to division 51570
(L) of section 3317.024 or division (A)(2) of section 3317.052 of 51571
the Revised Code shall not be approved for state funding in one 51572
school district, including any cooperative education school 51573
district or any educational service center, to the extent that 51574
such unit provides programs in or services to another district 51575
which receives payment pursuant to section 3317.04 of the Revised 51576
Code.51577

       (2) Any city, local, exempted village, or cooperative 51578
education school district or any educational service center may 51579
combine partial unit eligibility for programs for preschool 51580
children with disabilities pursuant to section 3317.05 of the 51581
Revised Code, and such combined partial units may be approved for 51582
state funding in one school district or service center.51583

       (B) After units have been initially approved for any fiscal 51584
year under section 3317.05 of the Revised Code, no unit shall be 51585
subsequently transferred from a school district or educational 51586
service center to another city, exempted village, local, or 51587
cooperative education school district or educational service 51588
center or to an institution or county DD board solely for the 51589
purpose of reducing the financial obligations of the school 51590
district in a fiscal year it receives payment pursuant to section 51591
3317.04 of the Revised Code.51592

       Sec. 3317.053.  (A) As used in this section:51593

       (1) "State share percentage" has the same meaning as in 51594
section 3317.022 of the Revised Code.51595

       (2) "Dollar amount" means the amount shown in the following 51596
table for the corresponding type of unit:51597

TYPE OF UNIT DOLLAR AMOUNT 51598
Division (B) of section 3317.05 51599
of the Revised Code       $8,334 51600
Division (C) of that section       $3,234 51601
Division (E) of that section       $5,550 51602

       (3) "Average unit amount" means the amount shown in the 51603
following table for the corresponding type of unit:51604

TYPE OF UNIT AVERAGE UNIT AMOUNT 51605
Division (B) of section 3317.05 51606
of the Revised Code       $7,799 51607
Division (C) of that section       $2,966 51608
Division (E) of that section       $5,251 51609

       (B) In the case of each unit described in division (B),or51610
(C), or (E) of section 3317.05 of the Revised Code and allocated 51611
to a city, local, or exempted village school district, the 51612
department of education, in addition to the amounts specified in 51613
division (L) of section 3317.024 and sections 3317.052 and 3317.19 51614
of the Revised Code, shall pay a supplemental unit allowance equal 51615
to the sum of the following amounts:51616

       (1) An amount equal to 50% of the average unit amount for the 51617
unit;51618

       (2) An amount equal to the percentage of the dollar amount 51619
for the unit that equals the district's state share percentage.51620

       If, prior to the fifteenth day of May of a fiscal year, a 51621
school district's aid computed under section 3317.022 of the 51622
Revised Code is recomputed pursuant to section 3317.027 or 51623
3317.028 of the Revised Code, the department shall also recompute 51624
the district's entitlement to payment under this section utilizing 51625
a new state share percentage. Such new state share percentage 51626
shall be determined using the district's recomputed basic aid 51627
amount pursuant to section 3317.027 or 3317.028 of the Revised 51628
Code. During the last six months of the fiscal year, the 51629
department shall pay the district a sum equal to one-half of the 51630
recomputed payment in lieu of one-half the payment otherwise 51631
calculated under this section.51632

       (C)(1) In the case of each unit allocated to an institution 51633
pursuant to division (A) of section 3317.05 of the Revised Code, 51634
the department, in addition to the amount specified in section 51635
3317.052 of the Revised Code, shall pay a supplemental unit 51636
allowance of $7,227.51637

       (2) In the case of each unit described in division (B) of 51638
section 3317.05 of the Revised Code that is allocated to any 51639
entity other than a city, exempted village, or local school 51640
district, the department, in addition to the amount specified in 51641
section 3317.052 of the Revised Code, shall pay a supplemental 51642
unit allowance of $7,799.51643

       (3) In the case of each unit described in division (C) of 51644
section 3317.05 of the Revised Code and allocated to any entity 51645
other than a city, exempted village, or local school district, the 51646
department, in addition to the amounts specified in section 51647
3317.052 of the Revised Code, shall pay a supplemental unit 51648
allowance of $2,966.51649

       (4) In the case of each unit described in division (E) of 51650
section 3317.05 of the Revised Code and allocated to an 51651
educational service center, the department, in addition to the 51652
amounts specified in division (L) of section 3317.024 of the 51653
Revised Code, shall pay a supplemental unit allowance of $5,251.51654

       Sec. 3317.06.  Moneys paid to school districts under division51655
(I)(E) of section 3317.024 of the Revised Code shall be used for 51656
the following independent and fully severable purposes:51657

       (A) To purchase such secular textbooks or electronic 51658
textbooks as have been approved by the superintendent of public 51659
instruction for use in public schools in the state and to loan 51660
such textbooks or electronic textbooks to pupils attending 51661
nonpublic schools within the district or to their parents and to 51662
hire clerical personnel to administer such lending program. Such 51663
loans shall be based upon individual requests submitted by such 51664
nonpublic school pupils or parents. Such requests shall be 51665
submitted to the school district in which the nonpublic school is 51666
located. Such individual requests for the loan of textbooks or 51667
electronic textbooks shall, for administrative convenience, be 51668
submitted by the nonpublic school pupil or the pupil's parent to 51669
the nonpublic school, which shall prepare and submit collective 51670
summaries of the individual requests to the school district. As 51671
used in this section:51672

       (1) "Textbook" means any book or book substitute that a pupil 51673
uses as a consumable or nonconsumable text, text substitute, or 51674
text supplement in a particular class or program in the school the 51675
pupil regularly attends.51676

       (2) "Electronic textbook" means computer software, 51677
interactive videodisc, magnetic media, CD-ROM, computer 51678
courseware, local and remote computer assisted instruction, 51679
on-line service, electronic medium, or other means of conveying 51680
information to the student or otherwise contributingany book or 51681
book substitute that a student accesses through the use of a 51682
computer or other electronic medium or that is available through 51683
an internet-based provider of course content, or any other 51684
material that contributes to the learning process through 51685
electronic means.51686

       (B) To provide speech and hearing diagnostic services to 51687
pupils attending nonpublic schools within the district. Such 51688
service shall be provided in the nonpublic school attended by the 51689
pupil receiving the service.51690

       (C) To provide physician, nursing, dental, and optometric 51691
services to pupils attending nonpublic schools within the 51692
district. Such services shall be provided in the school attended 51693
by the nonpublic school pupil receiving the service.51694

       (D) To provide diagnostic psychological services to pupils 51695
attending nonpublic schools within the district. Such services 51696
shall be provided in the school attended by the pupil receiving 51697
the service.51698

       (E) To provide therapeutic psychological and speech and 51699
hearing services to pupils attending nonpublic schools within the 51700
district. Such services shall be provided in the public school, in 51701
nonpublic schools, in public centers, or in mobile units located 51702
on or off of the nonpublic premises. If such services are provided 51703
in the public school or in public centers, transportation to and 51704
from such facilities shall be provided by the school district in 51705
which the nonpublic school is located.51706

       (F) To provide guidance, counseling, and social work services 51707
to pupils attending nonpublic schools within the district. Such 51708
services shall be provided in the public school, in nonpublic 51709
schools, in public centers, or in mobile units located on or off 51710
of the nonpublic premises. If such services are provided in the 51711
public school or in public centers, transportation to and from 51712
such facilities shall be provided by the school district in which 51713
the nonpublic school is located.51714

       (G) To provide remedial services to pupils attending 51715
nonpublic schools within the district. Such services shall be 51716
provided in the public school, in nonpublic schools, in public 51717
centers, or in mobile units located on or off of the nonpublic 51718
premises. If such services are provided in the public school or in 51719
public centers, transportation to and from such facilities shall 51720
be provided by the school district in which the nonpublic school 51721
is located.51722

       (H) To supply for use by pupils attending nonpublic schools 51723
within the district such standardized tests and scoring services 51724
as are in use in the public schools of the state;51725

       (I) To provide programs for children who attend nonpublic 51726
schools within the district and are children with disabilities as 51727
defined in section 3323.01 of the Revised Code or gifted children. 51728
Such programs shall be provided in the public school, in nonpublic 51729
schools, in public centers, or in mobile units located on or off 51730
of the nonpublic premises. If such programs are provided in the 51731
public school or in public centers, transportation to and from 51732
such facilities shall be provided by the school district in which 51733
the nonpublic school is located.51734

       (J) To hire clerical personnel to assist in the 51735
administration of programs pursuant to divisions (B), (C), (D), 51736
(E), (F), (G), and (I) of this section and to hire supervisory 51737
personnel to supervise the providing of services and textbooks 51738
pursuant to this section.51739

       (K) To purchase or lease any secular, neutral, and 51740
nonideological computer application software (includingdesigned 51741
to assist students in performing a single task or multiple related 51742
tasks, device management software, learning management software,51743
site-licensing), prerecorded video laserdiscs, digital video on 51744
demand (DVD), compact discs, and video cassette cartridges, wide 51745
area connectivity and related technology as it relates to internet 51746
access, mathematics or science equipment and materials, 51747
instructional materials, and school library materials that are in 51748
general use in the public schools of the state and loan such items 51749
to pupils attending nonpublic schools within the district or to 51750
their parents, and to hire clerical personnel to administer the 51751
lending program. Only such items that are incapable of diversion 51752
to religious use and that are susceptible of loan to individual 51753
pupils and are furnished for the use of individual pupils shall be 51754
purchased and loaned under this division. As used in this section, 51755
"instructional materials" means prepared learning materials that 51756
are secular, neutral, and nonideological in character and are of 51757
benefit to the instruction of school children, and may include 51758
educational resources and services developed by the eTech Ohio 51759
commission.51760

       (L) To purchase or lease instructional equipment, including 51761
computer hardware and related equipment in general use in the 51762
public schools of the state, for use by pupils attending nonpublic 51763
schools within the district and to loan such items to pupils 51764
attending nonpublic schools within the district or to their 51765
parents, and to hire clerical personnel to administer the lending 51766
program. "Computer hardware and related equipment" includes 51767
desktop computers and workstations; laptop computers, computer 51768
tablets, and other mobile handheld devices; and their operating 51769
systems and accessories.51770

       (M) To purchase mobile units to be used for the provision of 51771
services pursuant to divisions (E), (F), (G), and (I) of this 51772
section and to pay for necessary repairs and operating costs 51773
associated with these units.51774

       (N) To reimburse costs the district incurred to store the 51775
records of a chartered nonpublic school that closes. 51776
Reimbursements under this division shall be made one time only for 51777
each chartered nonpublic school that closes.51778

       Clerical and supervisory personnel hired pursuant to division 51779
(J) of this section shall perform their services in the public 51780
schools, in nonpublic schools, public centers, or mobile units 51781
where the services are provided to the nonpublic school pupil, 51782
except that such personnel may accompany pupils to and from the 51783
service sites when necessary to ensure the safety of the children 51784
receiving the services.51785

       All services provided pursuant to this section may be 51786
provided under contract with educational service centers, the 51787
department of health, city or general health districts, or private 51788
agencies whose personnel are properly licensed by an appropriate 51789
state board or agency.51790

       Transportation of pupils provided pursuant to divisions (E), 51791
(F), (G), and (I) of this section shall be provided by the school 51792
district from its general funds and not from moneys paid to it 51793
under division (I)(E) of section 3317.024 of the Revised Code 51794
unless a special transportation request is submitted by the parent 51795
of the child receiving service pursuant to such divisions. If such 51796
an application is presented to the school district, it may pay for 51797
the transportation from moneys paid to it under division (I)(E) of 51798
section 3317.024 of the Revised Code.51799

       No school district shall provide health or remedial services 51800
to nonpublic school pupils as authorized by this section unless 51801
such services are available to pupils attending the public schools 51802
within the district.51803

       Materials, equipment, computer hardware or software, 51804
textbooks, electronic textbooks, and health and remedial services 51805
provided for the benefit of nonpublic school pupils pursuant to 51806
this section and the admission of pupils to such nonpublic schools 51807
shall be provided without distinction as to race, creed, color, or 51808
national origin of such pupils or of their teachers.51809

       No school district shall provide services, materials, or 51810
equipment that contain religious content for use in religious 51811
courses, devotional exercises, religious training, or any other 51812
religious activity.51813

       As used in this section, "parent" includes a person standing 51814
in loco parentis to a child.51815

       Notwithstanding section 3317.01 of the Revised Code, payments 51816
shall be made under this section to any city, local, or exempted 51817
village school district within which is located one or more 51818
nonpublic elementary or high schools and any payments made to 51819
school districts under division (I)(E) of section 3317.024 of the 51820
Revised Code for purposes of this section may be disbursed without 51821
submission to and approval of the controlling board.51822

       The allocation of payments for materials, equipment, 51823
textbooks, electronic textbooks, health services, and remedial 51824
services to city, local, and exempted village school districts 51825
shall be on the basis of the state board of education's estimated 51826
annual average daily membership in nonpublic elementary and high 51827
schools located in the district.51828

       Payments made to city, local, and exempted village school 51829
districts under this section shall be equal to specific 51830
appropriations made for the purpose. All interest earned by a 51831
school district on such payments shall be used by the district for 51832
the same purposes and in the same manner as the payments may be 51833
used.51834

       The department of education shall adopt guidelines and 51835
procedures under which such programs and services shall be 51836
provided, under which districts shall be reimbursed for 51837
administrative costs incurred in providing such programs and 51838
services, and under which any unexpended balance of the amounts 51839
appropriated by the general assembly to implement this section may 51840
be transferred to the auxiliary services personnel unemployment 51841
compensation fund established pursuant to section 4141.47 of the 51842
Revised Code. The department shall also adopt guidelines and 51843
procedures limiting the purchase and loan of the items described 51844
in division (K) of this section to items that are in general use 51845
in the public schools of the state, that are incapable of 51846
diversion to religious use, and that are susceptible to individual 51847
use rather than classroom use. Within thirty days after the end of 51848
each biennium, each board of education shall remit to the 51849
department all moneys paid to it under division (I)(E) of section 51850
3317.024 of the Revised Code and any interest earned on those 51851
moneys that are not required to pay expenses incurred under this 51852
section during the biennium for which the money was appropriated 51853
and during which the interest was earned. If a board of education 51854
subsequently determines that the remittal of moneys leaves the 51855
board with insufficient money to pay all valid expenses incurred 51856
under this section during the biennium for which the remitted 51857
money was appropriated, the board may apply to the department of 51858
education for a refund of money, not to exceed the amount of the 51859
insufficiency. If the department determines the expenses were 51860
lawfully incurred and would have been lawful expenditures of the 51861
refunded money, it shall certify its determination and the amount 51862
of the refund to be made to the director of job and family 51863
services who shall make a refund as provided in section 4141.47 of 51864
the Revised Code.51865

       Each school district shall label materials, equipment, 51866
computer hardware or software, textbooks, and electronic textbooks 51867
purchased or leased for loan to a nonpublic school under this 51868
section, acknowledging that they were purchased or leased with 51869
state funds under this section. However, a district need not label 51870
materials, equipment, computer hardware or software, textbooks, or 51871
electronic textbooks that the district determines are consumable 51872
in nature or have a value of less than two hundred dollars.51873

       Sec. 3317.061.  The superintendent of each school district, 51874
including each cooperative education and joint vocational school 51875
district and the superintendent of each educational service 51876
center, shall, on forms prescribed and furnished by the state 51877
board of education, certify to the state board of education, on or 51878
before the fifteenth day of October of each year, the name of each 51879
licensed employee employed, on an annual salary, in each school 51880
under such superintendent's supervision during the first full 51881
school week of said month of October, the number of years of 51882
recognized college training such licensed employee has completed, 51883
the college degrees from a recognized college earned by such 51884
licensed employee, the type of teaching license held by such 51885
licensed employee, the number of months such licensed employee is 51886
employed in the school district, the annual salary of such 51887
licensed employee, and such other information as the state board 51888
of education may request. For the purposes of Chapters 3306. and51889
Chapter 3317. of the Revised Code, a licensed employee is any 51890
employee in a position that requires a license issued pursuant to 51891
sections 3319.22 to 3319.31 of the Revised Code.51892

       Pursuant to standards adopted by the state board of 51893
education, experience of vocational teachers in trade and industry 51894
shall be recognized by such board for the purpose of complying 51895
with the requirements of recognized college training provided by 51896
Chapters 3306. andChapter 3317. of the Revised Code.51897

       Sec. 3317.07. The state board of education shall establish 51898
rules for the purpose of distributing subsidies for the purchase 51899
of school buses under division (D) of section 3317.024 of the 51900
Revised Code.51901

       No school bus subsidy payments shall be paid to any district 51902
unless such district can demonstrate that pupils residing more 51903
than one mile from the school could not be transported without 51904
such additional aid.51905

       The amount paid to a county DD board for buses purchased for 51906
transportation of children in special education programs operated 51907
by the board shall be based on a per pupil allocation for eligible 51908
students.51909

       The amount paid to a school district for buses purchased for 51910
transportation of pupils with disabilities and nonpublic school 51911
pupils shall be determined by a per pupil allocation based on the 51912
number of special education and nonpublic school pupils for whom 51913
transportation is provided.51914

       The state board of education shall adopt a formula to 51915
determine the amount of payments that shall be distributed to 51916
school districts to purchase school buses for pupils other than 51917
pupils with disabilities or nonpublic school pupils.51918

       If any district or county DD board obtains bus services for 51919
pupil transportation pursuant to a contract, such district or 51920
board may use payments received under this section to defray the 51921
costs of contracting for bus services in lieu of for purchasing 51922
buses.51923

       If the department of education determines that a county DD 51924
board no longer needs a school bus because the board no longer 51925
transports children to a special education program operated by the 51926
board, or if the department determines that a school district no 51927
longer needs a school bus to transport pupils to a nonpublic 51928
school or special education program, the department may reassign a 51929
bus that was funded with payments provided pursuant to the version 51930
of this section in effect prior to the effective date of this 51931
amendment for the purpose of transporting such pupils. The 51932
department may reassign a bus to a county DD board or school 51933
district that transports children to a special education program 51934
designated in the children's individualized education plans, or to 51935
a school district that transports pupils to a nonpublic school, 51936
and needs an additional school bus.51937

       Sec. 3317.08.  A board of education may admit to its schools 51938
a child it is not required by section 3313.64 or 3313.65 of the 51939
Revised Code to admit, if tuition is paid for the child.51940

       Unless otherwise provided by law, tuition shall be computed 51941
in accordance with this section. A district's tuition charge for a 51942
school year shall be one of the following:51943

       (A) For any child, except a preschool child with a disability 51944
described in division (B) of this section, the quotient obtained 51945
by dividing the sum of the amounts described in divisions (A)(1) 51946
and (2) of this section by the district's formula ADM.51947

       (1) The district's total taxes charged and payable for 51948
current expenses for the tax year preceding the tax year in which 51949
the school year begins as certified under division (A)(3) of 51950
section 3317.021 of the Revised Code.51951

       (2) The district's total taxes collected for current expenses 51952
under a school district income tax adopted pursuant to section 51953
5748.03 or 5748.08 of the Revised Code that are disbursed to the 51954
district during the fiscal year, excluding any income tax receipts 51955
allocated for the project cost, debt service, or maintenance 51956
set-aside associated with a state-assisted classroom facilities 51957
project as authorized by section 3318.052 of the Revised Code. On 51958
or before the first day of June of each year, the tax commissioner 51959
shall certify the amount to be used in the calculation under this 51960
division for the next fiscal year to the department of education 51961
and the office of budget and management for each city, local, and 51962
exempted village school district that levies a school district 51963
income tax.51964

       (B) For any preschool child with a disability not included in 51965
a unit approved under division (B) of section 3317.05 of the 51966
Revised Code, an amount computed for the school year as follows:51967

       (1) For each type of special education service provided to 51968
the child for whom tuition is being calculated, determine the 51969
amount of the district's operating expenses in providing that type 51970
of service to all preschool children with disabilities not 51971
included in units approved under division (B) of section 3317.05 51972
of the Revised Code;51973

       (2) For each type of special education service for which 51974
operating expenses are determined under division (B)(1) of this 51975
section, determine the amount of such operating expenses that was 51976
paid from any state funds received under this chapter;51977

       (3) For each type of special education service for which 51978
operating expenses are determined under division (B)(1) of this 51979
section, divide the difference between the amount determined under 51980
division (B)(1) of this section and the amount determined under 51981
division (B)(2) of this section by the total number of preschool 51982
children with disabilities not included in units approved under 51983
division (B) of section 3317.05 of the Revised Code who received 51984
that type of service;51985

       (4) Determine the sum of the quotients obtained under 51986
division (B)(3) of this section for all types of special education 51987
services provided to the child for whom tuition is being 51988
calculated.51989

       The state board of education shall adopt rules defining the 51990
types of special education services and specifying the operating 51991
expenses to be used in the computation under this section.51992

       If any child for whom a tuition charge is computed under this 51993
section for any school year is enrolled in a district for only 51994
part of that school year, the amount of the district's tuition 51995
charge for the child for the school year shall be computed in 51996
proportion to the number of school days the child is enrolled in 51997
the district during the school year.51998

       Except as otherwise provided in division (J) of section 51999
3313.64 of the Revised Code, whenever a district admits a child to 52000
its schools for whom tuition computed in accordance with this 52001
section is an obligation of another school district, the amount of 52002
the tuition shall be certified by the treasurer of the board of 52003
education of the district of attendance, to the board of education 52004
of the district required to pay tuition for its approval and 52005
payment. If agreement as to the amount payable or the district 52006
required to pay the tuition cannot be reached, or the board of 52007
education of the district required to pay the tuition refuses to 52008
pay that amount, the board of education of the district of 52009
attendance shall notify the superintendent of public instruction. 52010
The superintendent shall determine the correct amount and the 52011
district required to pay the tuition and shall deduct that amount, 52012
if any, under division (G)(D) of section 3317.023 of the Revised 52013
Code, from the district required to pay the tuition and add that 52014
amount to the amount allocated to the district attended under such 52015
division. The superintendent of public instruction shall send to 52016
the district required to pay the tuition an itemized statement 52017
showing such deductions at the time of such deduction.52018

       When a political subdivision owns and operates an airport, 52019
welfare, or correctional institution or other project or facility 52020
outside its corporate limits, the territory within which the 52021
facility is located is exempt from taxation by the school district 52022
within which such territory is located, and there are school age 52023
children residing within such territory, the political subdivision 52024
owning such tax exempt territory shall pay tuition to the district 52025
in which such children attend school. The tuition for these 52026
children shall be computed as provided for in this section.52027

       Sec. 3317.081.  (A) Tuition shall be computed in accordance 52028
with this section if:52029

       (1) The tuition is required by division (C)(3)(b) of section 52030
3313.64 of the Revised Code; or52031

       (2) Neither the child nor the child's parent resides in this 52032
state and tuition is required by section 3327.06 of the Revised 52033
Code.52034

       (B) Tuition computed in accordance with this section shall 52035
equal the attendance district's tuition rate computed under 52036
section 3317.08 of the Revised Code plus the amount in state 52037
education aid that district would have received for the child 52038
pursuant to Chapter 3306. and sections 3317.023 and 3317.025 to 52039
3317.0211 of the Revised Code during the school year had the 52040
attendance district been authorized to count the child in its 52041
formula ADM for that school year under section 3317.03 of the 52042
Revised Code.52043

       Sec. 3317.082.  As used in this section, "institution" means 52044
a residential facility that receives and cares for children 52045
maintained by the department of youth services and that operates a 52046
school chartered by the state board of education under section 52047
3301.16 of the Revised Code.52048

       (A) On or before the thirty-first day of each January and 52049
July, the superintendent of each institution that during the 52050
six-month period immediately preceding each January or July 52051
provided an elementary or secondary education for any child, other 52052
than a child receiving special education under section 3323.091 of 52053
the Revised Code, shall prepare and submit to the department of 52054
education, a statement for each such child indicating the child's 52055
name, any school district responsible to pay tuition for the child 52056
as determined by the superintendent in accordance with division 52057
(C)(2) or (3) of section 3313.64 of the Revised Code, and the 52058
period of time during that six-month period that the child 52059
received an elementary or secondary education. If any school 52060
district is responsible to pay tuition for any such child, the 52061
department of education, no later than the immediately succeeding 52062
last day of February or August, as applicable, shall calculate the 52063
amount of the tuition of the district under section 3317.08 of the 52064
Revised Code for the period of time indicated on the statement and 52065
do one of the following:52066

       (1) If the tuition amount is equal to or less than the amount 52067
of state basic aid funds payable to the district under Chapter 52068
3306. and section 3317.023 of the Revised Codedistrict's state 52069
education aid, pay to the institution submitting the statement an 52070
amount equal to the tuition amount, as provided under division 52071
(M)(G) of section 3317.024 of the Revised Code, and deduct the 52072
tuition amount from the state basic aid funds payable to the 52073
district, as provided under division (F)(C)(2) of section 3317.023 52074
of the Revised Code;52075

       (2) If the tuition amount is greater than the amount of state 52076
basic aid funds payable to the district under Chapter 3306. and 52077
section 3317.023 of the Revised Codedistrict's state education 52078
aid, require the district to pay to the institution submitting the 52079
statement an amount equal to the tuition amount.52080

       (B) In the case of any disagreement about the school district 52081
responsible to pay tuition for a child pursuant to this section, 52082
the superintendent of public instruction shall make the 52083
determination in any such case in accordance with division (C)(2) 52084
or (3) of section 3313.64 of the Revised Code.52085

       Sec. 3317.09.  All moneys distributed to a school district, 52086
including any cooperative education or joint vocational school 52087
district and all moneys distributed to any educational service 52088
center, by the state whether from a state or federal source, shall 52089
be accounted for by the division of school finance of the 52090
department of education. All moneys distributed shall be coded as 52091
to county, school district or educational service center, source, 52092
and other pertinent information, and at the end of each month, a 52093
report of such distribution shall be made by such division of 52094
school finance to each school district and educational service 52095
center. If any board of education fails to make the report 52096
required in section 3319.33 of the Revised Code, the 52097
superintendent of public instruction shall be without authority to 52098
distribute funds to that school district or educational service 52099
center pursuant to sections 3317.022 to 3317.0211, 3317.11, 52100
3317.16, 3317.17, or 3317.19 of the Revised Codeunder this 52101
chapter until such time as the required reports are filed with all 52102
specified officers, boards, or agencies.52103

       Sec. 3317.11.  (A) As used in this section:52104

       (1) "Client school district" means a city or exempted village 52105
school district that has entered into an agreement under section 52106
3313.843 of the Revised Code to receive any services from an 52107
educational service center.52108

       (2) "Service center ADM" means the sum of the total student 52109
counts of all local school districts within an educational service 52110
center's territory and all of the service center's client school 52111
districts.52112

       (3) "STEM school" means a science, technology, engineering, 52113
and mathematics school established under Chapter 3326. of the 52114
Revised Code.52115

       (4) "Total student count" has the same meaning as in section 52116
3301.011 of the Revised Code.52117

       (B)(1) The governing board of each educational service center 52118
shall provide supervisory services to each local school district 52119
within the service center's territory. Each city or exempted 52120
village school district that enters into an agreement under 52121
section 3313.843 of the Revised Code for a governing board to 52122
provide any services also is considered to be provided supervisory 52123
services by the governing board. Except as provided in division 52124
(B)(2) of this section, the supervisory services shall not exceed 52125
one supervisory teacher for the first fifty classroom teachers 52126
required to be employed in the districts, as calculated in the 52127
manner prescribed under former division (B) of section 3317.023 52128
of the Revised Code, as that division existed prior to the 52129
effective date of this amendment, and one for each additional one 52130
hundred required classroom teachers, as so calculated.52131

       The supervisory services shall be financed annually through 52132
supervisory units. Except as provided in division (B)(2) of this 52133
section, the number of supervisory units assigned to each district 52134
shall not exceed one unit for the first fifty classroom teachers 52135
required to be employed in the district, as calculated in the 52136
manner prescribed under former division (B) of section 3317.023 52137
of the Revised Code, as that division existed prior to the 52138
effective date of this amendment, and one for each additional one 52139
hundred required classroom teachers, as so calculated. The cost of 52140
each supervisory unit shall be the sum of:52141

       (a) The minimum salary prescribed by section 3317.13 of the 52142
Revised Code for the licensed supervisory employee of the 52143
governing board;52144

       (b) An amount equal to fifteen per cent of thethat salary 52145
prescribed by section 3317.13 of the Revised Code;52146

       (c) An allowance for necessary travel expenses, limited to 52147
the lesser of two hundred twenty-three dollars and sixteen cents 52148
per month or two thousand six hundred seventy-eight dollars per 52149
year.52150

       (2) If a majority of the boards of education, or 52151
superintendents acting on behalf of the boards, of the local and 52152
client school districts receiving services from the educational 52153
service center agree to receive additional supervisory services 52154
and to pay the cost of a corresponding number of supervisory units 52155
in excess of the services and units specified in division (B)(1) 52156
of this section, the service center shall provide the additional 52157
services as agreed to by the majority of districts to, and the 52158
department of education shall apportion the cost of the 52159
corresponding number of additional supervisory units pursuant to 52160
division (B)(3) of this section among, all of the service center's 52161
local and client school districts.52162

       (3) The department shall apportion the total cost for all 52163
supervisory units among the service center's local and client 52164
school districts based on each district's total student count. The 52165
department shall deduct each district's apportioned share pursuant 52166
to division (E)(B) of section 3317.023 of the Revised Code and pay 52167
the apportioned share to the service center.52168

       (C) The department annually shall deduct from each local and 52169
client school district of each educational service center, 52170
pursuant to division (E)(B) of section 3317.023 of the Revised 52171
Code, and pay to the service center an amount equal to six dollars 52172
and fifty cents times the school district's total student count. 52173
The board of education, or the superintendent acting on behalf of 52174
the board, of any local or client school district may agree to pay 52175
an amount in excess of six dollars and fifty cents per student in 52176
total student count. If a majority of the boards of education, or 52177
superintendents acting on behalf of the boards, of the local 52178
school districts within a service center's territory approve an 52179
amount in excess of six dollars and fifty cents per student in 52180
total student count, the department shall deduct the approved 52181
excess per student amount from all of the local school districts 52182
within the service center's territory and pay the excess amount to 52183
the service center.52184

       (D) The department shall pay each educational service center 52185
the amounts due to it from school districts pursuant to contracts, 52186
compacts, or agreements under which the service center furnishes 52187
services to the districts or their students. In order to receive 52188
payment under this division, an educational service center shall 52189
furnish either a copy of the contract, compact, or agreement 52190
clearly indicating the amounts of the payments, or a written 52191
statement that clearly indicates the payments owed and is signed 52192
by the superintendent or treasurer of the responsible school 52193
district. The amounts paid to service centers under this division 52194
shall be deducted from payments to school districts pursuant to 52195
division (K)(H)(3) of section 3317.023 of the Revised Code.52196

       (E) Each school district's deduction under this section and 52197
divisions (E)(B) and (K)(H)(3) of section 3317.023 of the Revised 52198
Code shall be made from the total payment computed for the 52199
district under this chapter, after making any other adjustments in 52200
that payment required by law.52201

       (F)(1) Except as provided in division (F)(2) of this section, 52202
the department annually shall pay the governing board of each 52203
educational service center state funds equal to thirty-seven 52204
dollars times its service center ADM.52205

       (2) The department annually shall pay state funds equal to 52206
forty dollars and fifty-two cents times the service center ADM to 52207
each educational service center comprising territory that was 52208
included in the territory of at least three former service centers 52209
or county school districts, which former centers or districts 52210
engaged in one or more mergers under section 3311.053 of the 52211
Revised Code to form the present center.52212

       (G) Each city, exempted village, local, joint vocational, or 52213
cooperative education school district shall pay to the governing 52214
board of an educational service center any amounts agreed to for 52215
each child enrolled in the district who receives special education 52216
and related services or career-technical education from the 52217
educational service center, unless these educational services are 52218
provided pursuant to a contract, compact, or agreement for which 52219
the department deducts and transfers payments under division (D) 52220
of this section and division (K)(H)(3) of section 3317.023 of the 52221
Revised Code. 52222

       (H) The department annually shall pay the governing board of 52223
each educational service center that has entered into a contract 52224
with a STEM school for the provision of services described in 52225
division (B) of section 3326.45 of the Revised Code state funds 52226
equal to the per-pupil amount specified in the contract for the 52227
provision of those services times the number of students enrolled 52228
in the STEM school.52229

       (I) An educational service center:52230

       (1) May provide special education and career-technical 52231
education to students in its local or client school districts;52232

       (2) Is eligible for transportation funding under division 52233
(G)(C) of section 3317.024 of the Revised Code and for state 52234
subsidies for the purchase of school buses under section 3317.07 52235
of the Revised Code; 52236

       (3) May apply for and receive gifted education units and 52237
provide gifted education services to students in its local or 52238
client school districts; 52239

       (4) May conduct driver education for high school students in 52240
accordance with Chapter 4508. of the Revised Code.52241

       Sec. 3317.12.  Any board of education participating in funds 52242
distributed under Chapters 3306. andChapter 3317. of the Revised 52243
Code shall annually adopt a salary schedule for nonteaching school 52244
employees based upon training, experience, and qualifications with 52245
initial salaries no less than the salaries in effect on October 52246
13, 1967. Each board of education shall prepare and may amend from 52247
time to time, specifications descriptive of duties, 52248
responsibilities, requirements, and desirable qualifications of 52249
the classifications of employees required to perform the duties 52250
specified in the salary schedule. All nonteaching school employees 52251
are to be notified of the position classification to which they 52252
are assigned and the salary for the classification. The 52253
compensation of all employees working for a particular school 52254
board shall be uniform for like positions except as compensation 52255
would be affected by salary increments based upon length of 52256
service.52257

       On the fifteenth day of October each year the salary schedule 52258
and the list of job classifications and salaries in effect on that 52259
date shall be filed by each board of education with the 52260
superintendent of public instruction. If such salary schedule and 52261
classification plan is not filed the superintendent of public 52262
instruction shall order the board to file such schedules 52263
forthwith. If this condition is not corrected within ten days 52264
after receipt of the order from the superintendent of public 52265
instruction, no money shall be distributed to the district under 52266
Chapters 3306. andChapter 3317. of the Revised Code until the 52267
superintendent has satisfactory evidence of the board of 52268
education's full compliance with such order.52269

       Sec. 3317.13. (A)This section shall not apply after the 52270
2012-2013 school year.52271

       (A) As used in this section and section 3317.14 of the 52272
Revised Code:52273

       (1) "Years of service" includes the following:52274

       (a) All years of teaching service in the same school district 52275
or educational service center, regardless of training level, with 52276
each year consisting of at least one hundred twenty days under a 52277
teacher's contract;52278

       (b) All years of teaching service in a chartered, nonpublic 52279
school located in Ohio as a teacher licensed pursuant to section 52280
3319.22 of the Revised Code or in another public school, 52281
regardless of training level, with each year consisting of at 52282
least one hundred twenty days under a teacher's contract;52283

       (c) All years of teaching service in a chartered school or 52284
institution or a school or institution that subsequently became 52285
chartered or a chartered special education program or a special 52286
education program that subsequently became chartered operated by 52287
the state or by a subdivision or other local governmental unit of 52288
this state as a teacher licensed pursuant to section 3319.22 of 52289
the Revised Code, regardless of training level, with each year 52290
consisting of at least one hundred twenty days; and52291

       (d) All years of active military service in the armed forces 52292
of the United States, as defined in section 3307.75 of the Revised 52293
Code, to a maximum of five years. For purposes of this 52294
calculation, a partial year of active military service of eight 52295
continuous months or more in the armed forces shall be counted as 52296
a full year.52297

       (2) "Teacher" means all teachers employed by the board of 52298
education of any school district, including any cooperative 52299
education or joint vocational school district and all teachers 52300
employed by any educational service center governing board.52301

       (B) No teacher shall be paid a salary less than that provided 52302
in the schedule set forth in division (C) of this section. In 52303
calculating the minimum salary any teacher shall be paid pursuant 52304
to this section, years of service shall include the sum of all 52305
years of the teacher's teaching service included in divisions 52306
(A)(1)(a), (b), (c), and (d) of this section; except that any 52307
school district or educational service center employing a teacher 52308
new to the district or educational service center shall grant such 52309
teacher a total of not more than ten years of service pursuant to 52310
divisions (A)(1)(b), (c), and (d) of this section.52311

       Upon written complaint to the superintendent of public 52312
instruction that the board of education of a district or the 52313
governing board of an educational service center governing board 52314
has failed or refused to annually adopt a salary schedule or to 52315
pay salaries in accordance with the salary schedule set forth in 52316
division (C) of this section, the superintendent of public 52317
instruction shall cause to be made an immediate investigation of 52318
such complaint. If the superintendent finds that the conditions 52319
complained of exist, the superintendent shall order the board to 52320
correct such conditions within ten days from the date of the 52321
finding. No moneys shall be distributed to the district or 52322
educational service center under this chapter until the 52323
superintendent has satisfactory evidence of the board of 52324
education's full compliance with such order.52325

       Each teacher shall be fully credited with placement in the 52326
appropriate academic training level column in the district's or 52327
educational service center's salary schedule with years of service 52328
properly credited pursuant to this section or section 3317.14 of 52329
the Revised Code. No rule shall be adopted or exercised by any 52330
board of education or educational service center governing board 52331
which restricts the placement or the crediting of annual salary 52332
increments for any teacher according to the appropriate academic 52333
training level column.52334

       (C) Minimum salaries exclusive of retirement and sick leave 52335
for teachers shall be as follows:52336

Teachers Teachers with Teachers 52337
Years with Less Teachers with Five Years of with 52338
of than a Bachelor's Training, but a Master's 52339
Service Bachelor's Degree no Master's Degree or 52340
Degree Degree Higher 52341

Per Dollar Per Dollar Per Dollar Per Dollar 52342
Cent* Amount Cent* Amount Cent* Amount Cent* Amount 52343
0 86.5 $17,300 100.0 $20,000 103.8 $20,760 109.5 $21,900 52344
1 90.0  18,000 103.8  20,760 108.1  21,620 114.3  22,860 52345
2 93.5  18,700 107.6  21,520 112.4  22,480 119.1  23,820 52346
3 97.0  19,400 111.4  22,280 116.7  23,340 123.9  24,780 52347
4 100.5  20,100 115.2  23,040 121.0  24,200 128.7  25,740 52348
5 104.0  20,800 119.0  23,800 125.3  25,060 133.5  26,700 52349
6 104.0  20,800 122.8  24,560 129.6  25,920 138.3  27,660 52350
7 104.0  20,800 126.6  25,320 133.9  26,780 143.1  28,620 52351
8 104.0  20,800 130.4  26,080 138.2  27,640 147.9  29,580 52352
9 104.0  20,800 134.2  26,840 142.5  28,500 152.7  30,540 52353
10 104.0  20,800 138.0  27,600 146.8  29,360 157.5  31,500 52354
11 104.0  20,800 141.8  28,360 151.1  30,220 162.3  32,460 52355

       * Percentages represent the percentage which each salary is 52356
of the base amount.52357

       For purposes of determining the minimum salary at any level 52358
of training and service, the base of one hundred per cent shall be 52359
the base amount. The percentages used in this section show the 52360
relationships between the minimum salaries required by this 52361
section and the base amount and shall not be construed as 52362
requiring any school district or educational service center to 52363
adopt a schedule containing salaries in excess of the amounts set 52364
forth in this section for corresponding levels of training and 52365
experience.52366

       As used in this division:52367

       (1) "Base amount" means twenty thousand dollars.52368

       (2) "Five years of training" means at least one hundred fifty 52369
semester hours, or the equivalent, and a bachelor's degree from a 52370
recognized college or university.52371

       (D) For purposes of this section, all credited training shall 52372
be from a recognized college or university.52373

       Sec. 3317.14. AnyThis section shall not apply after the 52374
2012-2013 school year.52375

       Any school district board of education or educational service 52376
center governing board participating in funds distributed under 52377
Chapter 3317. of the Revised Code shall annually adopt a teachers' 52378
salary schedule with provision for increments based upon training 52379
and years of service. Notwithstanding sections 3317.13 and 52380
3319.088 of the Revised Code, the board may establish its own 52381
service requirements and may grant service credit for such 52382
activities as teaching in public or nonpublic schools in this 52383
state or in another state, for service as an educational assistant 52384
other than as a classroom aide employed in accordance with section 52385
5107.541 of the Revised Code, and for service in the military or 52386
in an appropriate state or federal governmental agency, provided 52387
no teacher receives less than the amount required to be paid 52388
pursuant to section 3317.13 of the Revised Code and provided full 52389
credit for a minimum of five years of actual teaching and military 52390
experience as defined in division (A) of section 3317.13 of the 52391
Revised Code is given to each teacher.52392

       On the fifteenth day of October of each year the salary 52393
schedule in effect on that date in each school district and each 52394
educational service center shall be filed with the superintendent 52395
of public instruction. A copy of such schedule shall also annually 52396
be filed by the board of education of each local school district 52397
with the educational service center superintendent, who thereupon 52398
shall certify to the treasurer of such local district the correct 52399
salary to be paid to each teacher in accordance with the adopted 52400
schedule.52401

       Each teacher who has completed training which would qualify 52402
such teacher for a higher salary bracket pursuant to this section 52403
shall file by the fifteenth day of September with the treasurer of 52404
the board of education or educational service center satisfactory 52405
evidence of the completion of such additional training. The 52406
treasurer shall then immediately place the teacher, pursuant to 52407
this section and section 3317.13 of the Revised Code, in the 52408
proper salary bracket in accordance with training and years of 52409
service before certifying such salary, training, and years of 52410
service to the superintendent of public instruction. No teacher 52411
shall be paid less than the salary to which such teacher is 52412
entitled pursuant to section 3317.13 of the Revised Code.52413

       Sec. 3317.141.  (A) Beginning with the school year that 52414
begins July 1, 2013, the board of education of each city, exempted 52415
village, local, or joint vocational school district and the 52416
governing board of each educational service center annually shall 52417
adopt a salary schedule for teachers based upon performance as 52418
described in division (B) of this section.52419

       (B) For purposes of the schedule, a board shall measure a 52420
teacher's performance by considering all of the following:52421

       (1) The level of license issued under section 3319.22 of the 52422
Revised Code that the teacher holds;52423

       (2) Whether the teacher is a highly qualified teacher, as 52424
defined in section 3319.074 of the Revised Code;52425

       (3) The ratings received by the teacher on performance 52426
evaluations conducted under section 3319.111 of the Revised Code.52427

       (C) The schedule shall provide for annual adjustments based 52428
on performance on the evaluations conducted under section 3319.111 52429
of the Revised Code. The annual performance-based adjustment for a 52430
teacher rated as highly effective shall be greater than the annual 52431
performance-based adjustment for a teacher rated as effective. The 52432
annual performance-based adjustment for a teacher rated as 52433
effective shall be at least fifty per cent but not more than 52434
seventy-five per cent of the annual performance-based adjustment 52435
for a teacher rated as highly effective. 52436

       (D) The salary schedule adopted under this section may 52437
provide for additional compensation for teachers who agree to 52438
perform duties, not contracted for under a supplemental contract, 52439
that the employing board determines warrant additional 52440
compensation. Those duties may include, but are not limited to, 52441
assignment to a school building eligible for funding under Title I 52442
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C. 52443
6301 et seq.; assignment to a building in "school improvement" 52444
status under the "No Child Left Behind Act of 2001," as defined in 52445
section 3302.01 of the Revised Code; teaching in a grade level or 52446
subject area in which the board has determined there is a shortage 52447
within the district or service center; or assignment to a 52448
hard-to-staff school, as determined by the board.52449

       Sec. 3317.16.  (A) As used in this section:52450

       (1) The "total special education weight" for a joint 52451
vocational school district shall be calculated in the same manner 52452
as prescribed in section 3317.022 of the Revised Code.52453

       (2) The "total vocational education weight" for a joint 52454
vocational school district shall be calculated in the same manner 52455
as prescribed in section 3317.022 of the Revised Code.52456

       (3) The "total recognized valuation" of a joint vocational 52457
school district shall be determined by adding the recognized 52458
valuations of all its constituent school districts that were 52459
subject to the joint vocational school district's tax levies for 52460
both the current and preceding tax years.52461

       (4) "Resident district" means the city, local, or exempted 52462
village school district in which a student is entitled to attend 52463
school under section 3313.64 or 3313.65 of the Revised Code.52464

       (5) "Community school" means a community school established 52465
under Chapter 3314. of the Revised Code.52466

       (B) The department of education shall compute and distribute 52467
state base cost funding to each joint vocational school district 52468
for the fiscal year in accordance with the following formula:52469

(formula amount X formula ADM) -
52470

(.0005 X total recognized valuation)
52471

       If the difference obtained under this division is a negative 52472
number, the district's computation shall be zero.52473

       (C)(1) The department shall compute and distribute state 52474
vocational education additional weighted costs funds to each joint 52475
vocational school district in accordance with the following 52476
formula:52477

state share percentage X formula amount X
52478

total vocational education weight
52479

        In each fiscal year, a joint vocational school district 52480
receiving funds under division (C)(1) of this section shall spend 52481
those funds only for the purposes the department designates as 52482
approved for vocational education expenses. Vocational educational 52483
expenses approved by the department shall include only expenses 52484
connected to the delivery of career-technical programming to 52485
career-technical students. The department shall require the joint 52486
vocational school district to report data annually so that the 52487
department may monitor the district's compliance with the 52488
requirements regarding the manner in which funding received under 52489
division (C)(1) of this section may be spent.52490

       (2) The department shall compute for each joint vocational 52491
school district state funds for vocational education associated 52492
services costs in accordance with the following formula:52493

state share percentage X .05 X
52494

the formula amount X the sum of
52495

categories one and two vocational
52496

education ADM
52497

       In any fiscal year, a joint vocational school district 52498
receiving funds under division (C)(2) of this section, or through 52499
a transfer of funds pursuant to division (L)(I) of section 52500
3317.023 of the Revised Code, shall spend those funds only for the 52501
purposes that the department designates as approved for vocational 52502
education associated services expenses, which may include such 52503
purposes as apprenticeship coordinators, coordinators for other 52504
vocational education services, vocational evaluation, and other 52505
purposes designated by the department. The department may deny 52506
payment under division (C)(2) of this section to any district that 52507
the department determines is not operating those services or is 52508
using funds paid under division (C)(2) of this section, or through 52509
a transfer of funds pursuant to division (L)(I) of section 52510
3317.023 of the Revised Code, for other purposes.52511

       (D)(1) The department shall compute and distribute state 52512
special education and related services additional weighted costs 52513
funds to each joint vocational school district in accordance with 52514
the following formula:52515

state share percentage X formula amount X
52516

total special education weight
52517

       (2)(a) As used in this division, the "personnel allowance" 52518
means thirty thousand dollars in fiscal years 2008 and 2009.52519

       (b) For the provision of speech language pathology services 52520
to students, including students who do not have individualized 52521
education programs prepared for them under Chapter 3323. of the 52522
Revised Code, and for no other purpose, the department shall pay 52523
each joint vocational school district an amount calculated under 52524
the following formula:52525

(formula ADM divided by 2000) X the personnel
52526

allowance X state share percentage
52527

       (3) In any fiscal year, a joint vocational school district 52528
shall spend for purposes that the department designates as 52529
approved for special education and related services expenses at 52530
least the amount calculated as follows:52531

(formula amount X
52532

the sum of categories one through
52533

six special education ADM) +
52534

(total special education weight X
52535

formula amount)
52536

       The purposes approved by the department for special education 52537
expenses shall include, but shall not be limited to, compliance 52538
with state rules governing the education of children with 52539
disabilities, providing services identified in a student's 52540
individualized education program as defined in section 3323.01 of 52541
the Revised Code, provision of speech language pathology services, 52542
and the portion of the district's overall administrative and 52543
overhead costs that are attributable to the district's special 52544
education student population.52545

       The department shall require joint vocational school 52546
districts to report data annually to allow for monitoring 52547
compliance with division (D)(3) of this section. The department 52548
shall annually report to the governor and the general assembly the 52549
amount of money spent by each joint vocational school district for 52550
special education and related services.52551

       (4) In any fiscal year, a joint vocational school district 52552
shall spend for the provision of speech language pathology 52553
services not less than the sum of the amount calculated under 52554
division (D)(1) of this section for the students in the district's 52555
category one special education ADM and the amount calculated under 52556
division (D)(2) of this section.52557

       (E)(1) If a joint vocational school district's costs for a 52558
fiscal year for a student in its categories two through six 52559
special education ADM exceed the threshold catastrophic cost for 52560
serving the student, as specified in division (C)(3)(b) of section 52561
3317.022 of the Revised Code, the district may submit to the 52562
superintendent of public instruction documentation, as prescribed 52563
by the superintendent, of all of its costs for that student. Upon 52564
submission of documentation for a student of the type and in the 52565
manner prescribed, the department shall pay to the district an 52566
amount equal to the sum of the following:52567

       (a) One-half of the district's costs for the student in 52568
excess of the threshold catastrophic cost;52569

       (b) The product of one-half of the district's costs for the 52570
student in excess of the threshold catastrophic cost multiplied by 52571
the district's state share percentage.52572

       (2) The district shall only report under division (E)(1) of 52573
this section, and the department shall only pay for, the costs of 52574
educational expenses and the related services provided to the 52575
student in accordance with the student's individualized education 52576
program. Any legal fees, court costs, or other costs associated 52577
with any cause of action relating to the student may not be 52578
included in the amount.52579

       (F) Each fiscal year, the department shall pay each joint 52580
vocational school district an amount for adult technical and 52581
vocational education and specialized consultants.52582

       (G)(1) A joint vocational school district's local share of 52583
special education and related services additional weighted costs 52584
equals:52585

(1 - state share percentage) X
52586

Total special education weight X
52587

the formula amount
$5,732
52588

       (2) For each student with a disability receiving special 52589
education and related services under an individualized education 52590
program, as defined in section 3323.01 of the Revised Code, at a 52591
joint vocational district, the resident district or, if the 52592
student is enrolled in a community school, the community school 52593
shall be responsible for the amount of any costs of providing 52594
those special education and related services to that student that 52595
exceed the sum of the amount calculated for those services 52596
attributable to that student under divisions (B), (D), (E), and 52597
(G)(1) of this section.52598

       Those excess costs shall be calculated by subtracting the sum 52599
of the following from the actual cost to provide special education 52600
and related services to the student:52601

       (a) The formula amount;52602

       (b) The product of the formula amount$5,732 times the 52603
applicable multiple specified in section 3306.113317.013 of the 52604
Revised Code as that section existed prior to the effective date 52605
of this amendment;52606

       (c) Any funds paid under division (E) of this section for the 52607
student;52608

       (d) Any other funds received by the joint vocational school 52609
district under this chapter to provide special education and 52610
related services to the student, not including the amount 52611
calculated under division (G)(2) of this section.52612

       (3) The board of education of the joint vocational school 52613
district may report the excess costs calculated under division 52614
(G)(2) of this section to the department of education.52615

       (4) If the board of education of the joint vocational school 52616
district reports excess costs under division (G)(3) of this 52617
section, the department shall pay the amount of excess cost 52618
calculated under division (G)(2) of this section to the joint 52619
vocational school district and shall deduct that amount as 52620
provided in division (G)(4)(a) or (b) of this section, as 52621
applicable:52622

       (a) If the student is not enrolled in a community school, the 52623
department shall deduct the amount from the account of the 52624
student's resident district pursuant to division (M)(J) of section 52625
3317.023 of the Revised Code.52626

       (b) If the student is enrolled in a community school, the 52627
department shall deduct the amount from the account of the 52628
community school pursuant to section 3314.083 of the Revised Code.52629

       Sec. 3317.18.  (A) As used in this section, the terms 52630
"Chapter 133. securities," "credit enhancement facilities," "debt 52631
charges," "general obligation," "legislation," "public 52632
obligations," and "securities" have the same meanings as in 52633
section 133.01 of the Revised Code.52634

       (B) The board of education of any school district authorizing 52635
the issuance of securities under section 133.10, 133.301, or 52636
3313.372 of the Revised Code or general obligation Chapter 133. 52637
securities may adopt legislation requesting the state department 52638
of education to approve, and enter into an agreement with the 52639
school district and the primary paying agent or fiscal agent for 52640
such securities providing for, the withholding and deposit of 52641
funds, otherwise due the district under Chapters 3306. andChapter52642
3317. of the Revised Code, for the payment of debt service charges 52643
on such securities.52644

       The board of education shall deliver to the state department 52645
a copy of such resolution and any additional pertinent information 52646
the state department may require.52647

       The department of education and the office of budget and 52648
management shall evaluate each request received from a school 52649
district under this section and the department, with the advice 52650
and consent of the director of budget and management, shall 52651
approve or deny each request based on all of the following:52652

       (1) Whether approval of the request will enhance the 52653
marketability of the securities for which the request is made;52654

       (2) Any other pertinent factors or limitations established in 52655
rules made under division (I) of this section, including:52656

       (a) Current and projected obligations of funds due to the 52657
requesting school district under Chapters 3306. andChapter 3317. 52658
of the Revised Code including obligations of those funds to public 52659
obligations or relevant credit enhancement facilities under this 52660
section, Chapter 133. and section 3313.483 of the Revised Code, 52661
and under any other similar provisions of law;52662

       (b) Whether the department of education or the office of 52663
budget and management has any reason to believe the requesting 52664
school district will be unable to pay when due the debt charges on 52665
the securities for which the request is made.52666

       The department may require a school district to establish 52667
schedules for the payment of all debt charges that take into 52668
account the amount and timing of anticipated distributions of 52669
funds to the district under Chapter 3317. of the Revised Code.52670

       (C) If the department approves the request of a school 52671
district to withhold and deposit funds pursuant to this section, 52672
the department shall enter into a written agreement with the 52673
district and the primary paying agent or fiscal agent for the 52674
securities which shall provide for the withholding of funds 52675
pursuant to this section for the payment of debt charges on those 52676
securities, and may include both of the following:52677

       (1) Provisions for certification by the district to the 52678
department, at a time prior to any date for the payment of 52679
applicable debt charges, whether the district is able to pay those 52680
debt charges when due;52681

       (2) Requirements that the district deposit amounts for the 52682
payment of debt charges on the securities with the primary paying 52683
agent or fiscal agent for the securities prior to the date on 52684
which those debt charge payments are due to the owners or holders 52685
of the securities.52686

       (D) Whenever a district notifies the department of education 52687
that it will be unable to pay debt charges when they are due, 52688
subject to the withholding provisions of this section, or whenever 52689
the applicable paying agent or fiscal agent notifies the 52690
department that it has not timely received from a school district 52691
the full amount needed for the payment when due of those debt 52692
charges to the holders or owners of such securities, the 52693
department shall immediately contact the school district and the 52694
paying agent or fiscal agent to confirm or determine whether the 52695
district is unable to make the required payment by the date on 52696
which it is due.52697

       Upon demand of the treasurer of state while holding a school 52698
district obligation purchased under division (G)(1) of section 52699
135.143 of the Revised Code, the state department of education, 52700
without a request of the school district, shall withhold and 52701
deposit funds pursuant to this section for payment of debt service 52702
charges on that obligation.52703

       If the department confirms or determines that the district 52704
will be unable to make such payment and payment will not be made 52705
pursuant to a credit enhancement facility, the department shall 52706
promptly pay to the applicable primary paying agent or fiscal 52707
agent the lesser of the amount due for debt charges or the amount 52708
due the district for the remainder of the fiscal year under 52709
Chapter 3317. of the Revised Code. If this amount is insufficient 52710
to pay the total amount then due the agent for the payment of debt 52711
charges, the department shall pay to the agent each fiscal year 52712
thereafter, and until the full amount due the agent for unpaid 52713
debt charges is paid in full, the lesser of the remaining amount 52714
due the agent for debt charges or the amount due the district for 52715
the fiscal year under Chapter 3317. of the Revised Code.52716

       (E) The state department may make any payments under this 52717
division by direct deposit of funds by electronic transfer.52718

       Any amount received by a paying agent or fiscal agent under 52719
this section shall be applied only to the payment of debt charges 52720
on the securities of the school district subject to this section 52721
or to the reimbursement to the provider of a credit enhancement 52722
facility that has paid such debt charges.52723

       (F) To the extent a school district whose securities are 52724
subject to this section is unable to pay applicable debt charges 52725
because of the failure to collect property taxes levied for the 52726
payment of those debt charges, the district may transfer to or 52727
deposit into any fund that would have received payments under 52728
3306. orChapter 3317. of the Revised Code that were withheld 52729
under this section any such delinquent property taxes when later 52730
collected, provided that transfer or deposit shall be limited to 52731
the amounts withheld from that fund under this section.52732

       (G) The department may make payments under this section to 52733
paying agents or fiscal agents only from and to the extent that 52734
money is appropriated by the general assembly for Chapter 3317. of 52735
the Revised Code or for the purposes of this section. No 52736
securities of a school district to which this section is made 52737
applicable constitute an obligation or a debt or a pledge of the 52738
faith, credit, or taxing power of the state, and the holders or 52739
owners of such securities have no right to have taxes levied or 52740
appropriations made by the general assembly for the payment of 52741
debt charges on those securities, and those securities, if the 52742
department requires, shall contain a statement to that effect. The 52743
agreement for or the actual withholding and payment of moneys 52744
under this section does not constitute the assumption by the state 52745
of any debt of a school district.52746

       (H) In the case of securities subject to the withholding 52747
provisions of this section, the issuing board of education shall 52748
appoint a paying agent or fiscal agent who is not an officer or 52749
employee of the school district.52750

       (I) The department of education, with the advice of the 52751
office of budget and management, may adopt reasonable rules not 52752
inconsistent with this section for the implementation of this 52753
section and division (B) of section 133.25 of the Revised Code as 52754
it relates to the withholding and depositing of payments under 52755
Chapters 3306. andChapter 3317. of the Revised Code to secure 52756
payment of debt charges on school district securities. Those rules 52757
shall include criteria for the evaluation and approval or denial 52758
of school district requests for withholding under this section and 52759
limits on the obligation for the purpose of paying debt charges or 52760
reimbursing credit enhancement facilities of funds otherwise to be 52761
paid to school districts under Chapter 3317. of the Revised Code.52762

       (J) The authority granted by this section is in addition to 52763
and not a limitation on any other authorizations granted by or 52764
pursuant to law for the same or similar purposes.52765

       Sec. 3317.19.  (A) As used in this section, "total unit 52766
allowance" means an amount equal to the sum of the following:52767

       (1) The total of the salary allowances for the teachers 52768
employed in the cooperative education school district for all 52769
units approved under division (B) or (C) of section 3317.05 of the 52770
Revised Code. The salary allowance for each unit shall equal the 52771
minimum salary for the teacher of the unit calculated on the basis 52772
of the teacher's training level and years of experience pursuant 52773
to the salary schedule prescribed in the version of section 52774
3317.13 of the Revised Code in effect prior to July 1, 2001.52775

       (2) Fifteen per cent of the total computed under division 52776
(A)(1) of this section;52777

       (3) The total of the unit operating allowances for all 52778
approved units. The amount of each allowance shall equal one of 52779
the following:52780

       (a) Eight thousand twenty-three dollars times the number of 52781
units for preschool children with disabilities or fraction thereof 52782
approved for the year under division (B) of section 3317.05 of the 52783
Revised Code;52784

       (b) Two thousand one hundred thirty-two dollars times the 52785
number of units or fraction thereof approved for the year under 52786
division (C) of section 3317.05 of the Revised Code.52787

       (B) The state board of education shall compute and distribute 52788
to each cooperative education school district for each fiscal year 52789
an amount equal to the sum of the following:52790

       (1) An amount equal to the total of the amounts credited to 52791
the cooperative education school district pursuant to division52792
(K)(H) of section 3317.023 of the Revised Code;52793

       (2) The total unit allowance;52794

       (3) An amount for assisting in providing free lunches to 52795
needy children and an amount for assisting needy school districts 52796
in purchasing necessary equipment for food preparation pursuant to 52797
division (H)(D) of section 3317.024 of the Revised Code.52798

       (C) If a cooperative education school district has had 52799
additional special education units approved for the year under 52800
division (F)(2) of section 3317.03 of the Revised Code, the 52801
district shall receive an additional amount during the last half 52802
of the fiscal year. For each unit, the additional amount shall 52803
equal fifty per cent of the amount computed under division (A) of 52804
this section for a unit approved under division (B) of section 52805
3317.05 of the Revised Code.52806

       Sec. 3317.20.  This section does not apply to preschool 52807
children with disabilities.52808

       (A) As used in this section:52809

       (1) "Applicable weight" means the multiple specified in 52810
section 3306.113317.013 of the Revised Code for a disability 52811
described in that section.52812

       (2) "Child's school district" means the school district in 52813
which a child is entitled to attend school pursuant to section 52814
3313.64 or 3313.65 of the Revised Code.52815

       (3) "State share percentage" means the state share percentage 52816
of the child's school district.52817

       (B) Except as provided in division (C) of this section, the 52818
department shall annually pay each county DD board for each child 52819
with a disability, other than a preschool child with a disability, 52820
for whom the county DD board provides special education and 52821
related services an amount equal to the formula amount + (state 52822
share percentage X formula amount X the applicable weight).52823

       (C) If any school district places with a county DD board more 52824
children with disabilities than it had placed with a county DD 52825
board in fiscal year 1998, the department shall not make a payment 52826
under division (B) of this section for the number of children 52827
exceeding the number placed in fiscal year 1998. The department 52828
instead shall deduct from the district's payments under this 52829
chapter and Chapter 3306. of the Revised Code, and pay to the 52830
county DD board, an amount calculated in accordance with the 52831
formula prescribed in division (B) of this section for each child 52832
over the number of children placed in fiscal year 1998.52833

       (D) The department shall calculate for each county DD board 52834
receiving payments under divisions (B) and (C) of this section the 52835
following amounts:52836

       (1) The amount received by the county DD board for approved 52837
special education and related services units, other than units for 52838
preschool children with disabilities, in fiscal year 1998, divided 52839
by the total number of children served in the units that year;52840

       (2) The product of the quotient calculated under division 52841
(D)(1) of this section times the number of children for whom 52842
payments are made under divisions (B) and (C) of this section.52843

       If the amount calculated under division (D)(2) of this 52844
section is greater than the total amount calculated under 52845
divisions (B) and (C) of this section, the department shall pay 52846
the county DD board one hundred per cent of the difference in 52847
addition to the payments under divisions (B) and (C) of this 52848
section.52849

       (E) Each county DD board shall report to the department, in 52850
the manner specified by the department, the name of each child for 52851
whom the county DD board provides special education and related 52852
services and the child's school district.52853

        (F)(1) For the purpose of verifying the accuracy of the 52854
payments under this section, the department may request from 52855
either of the following entities the data verification code 52856
assigned under division (D)(2) of section 3301.0714 of the Revised 52857
Code to any child who is placed with a county DD board:52858

        (a) The child's school district;52859

        (b) The independent contractor engaged to create and maintain 52860
data verification codes.52861

        (2) Upon a request by the department under division (F)(1) of 52862
this section for the data verification code of a child, the 52863
child's school district shall submit that code to the department 52864
in the manner specified by the department. If the child has not 52865
been assigned a code, the district shall assign a code to that 52866
child and submit the code to the department by a date specified by 52867
the department. If the district does not assign a code to the 52868
child by the specified date, the department shall assign a code to 52869
the child.52870

        The department annually shall submit to each school district 52871
the name and data verification code of each child residing in the 52872
district for whom the department has assigned a code under this 52873
division.52874

        (3) The department shall not release any data verification 52875
code that it receives under division (F) of this section to any 52876
person except as provided by law.52877

       (G) Any document relative to special education and related 52878
services provided by a county DD board that the department holds 52879
in its files that contains both a student's name or other 52880
personally identifiable information and the student's data 52881
verification code shall not be a public record under section 52882
149.43 of the Revised Code.52883

       Sec. 3317.201. This section does not apply to preschool 52884
children with disabilities.52885

       (A) As used in this section, the "total special education 52886
weight" for an institution means the sum of the following amounts:52887

       (1) The number of children reported by the institution under 52888
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as 52889
receiving services for a disability described in division 52890
(D)(1)(A) of section 3306.023317.013 of the Revised Code 52891
multiplied by the multiple specified in that division;52892

       (2) The number of children reported by the institution under 52893
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as 52894
receiving services for a disability described in division 52895
(D)(2)(B) of section 3306.023317.013 of the Revised Code 52896
multiplied by the multiple specified in that division;52897

       (3) The number of children reported by the institution under 52898
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as 52899
receiving services for a disability described in division 52900
(D)(3)(C) of section 3306.023317.013 of the Revised Code 52901
multiplied by the multiple specified in that division;52902

       (4) The number of children reported by the institution under 52903
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as 52904
receiving services for a disability described in division (D)(4)52905
of section 3306.023317.013 of the Revised Code multiplied by the 52906
multiple specified in that division;52907

       (5) The number of children reported by the institution under 52908
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as 52909
receiving services for a disability described in division 52910
(D)(5)(E) of section 3306.023317.013 of the Revised Code 52911
multiplied by the multiple specified in that division;52912

       (6) The number of children reported by the institution under 52913
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as 52914
receiving services for a disability described in division 52915
(D)(6)(F) of section 3306.023317.013 of the Revised Code 52916
multiplied by the multiple specified in that division.52917

       (B) For each fiscal year, the department of education shall 52918
pay each state institution required to provide special education 52919
services under division (A) of section 3323.091 of the Revised 52920
Code an amount equal to the greater of:52921

       (1) The formula amount times the institution's total special 52922
education weight;52923

       (2) The aggregate amount of special education and related 52924
services unit funding the institution received for all children 52925
with disabilities other than preschool children with disabilities 52926
in fiscal year 2005 under sections 3317.052 and 3317.053 of the 52927
Revised Code, as those sections existed prior to June 30, 2005.52928

       Sec. 3318.032.  (A) Except as otherwise provided in divisions 52929
(C) and (D) of this section, the portion of the basic project cost 52930
supplied by the school district shall be the greater of:52931

       (1) The required percentage of the basic project costs;52932

       (2)(a) For all districts except a district that opts to 52933
divide its entire classroom facilities needs into segments to be 52934
completed separately as authorized by section 3318.034 of the 52935
Revised Code, an amount necessary to raise the school district's 52936
net bonded indebtedness, as of the date the controlling board 52937
approved the project, to within five thousand dollars of the 52938
required level of indebtedness;52939

       (b) For a district that opts to divide its entire classroom 52940
facilities needs into segments to be completed separately as 52941
authorized by section 3318.034 of the Revised Code, an amount 52942
necessary to raise the school district's net bonded indebtedness, 52943
as of the date the controlling board approved the project, to 52944
within five thousand dollars of the following:52945

The required level of indebtedness X (the basic
52946

project cost of the segment as approved
52947

by the controlling board / the estimated basic
52948

project cost of the district's entire classroom facilities
52949

needs as determined jointly by the staff of the Ohio
52950

school facilities commission and the district)
52951

       (B) The amount of the district's share determined under this 52952
section shall be calculated only as of the date the controlling 52953
board approved the project, and that amount applies throughout the 52954
one-yearthirteen-month period permitted under section 3318.05 of 52955
the Revised Code for the district's electors to approve the 52956
propositions described in that section. If the amount reserved and 52957
encumbered for a project is released because the electors do not 52958
approve those propositions within that yearperiod, and the school 52959
district later receives the controlling board's approval for the 52960
project, subject to a new project scope and estimated costs under 52961
section 3318.054 of the Revised Code, the district's portion shall 52962
be recalculated in accordance with this section as of the date of 52963
the controlling board's subsequent approval.52964

       (C) At no time shall a school district's portion of the basic 52965
project cost be greater than ninety-five per cent of the total 52966
basic project cost.52967

       (D) If the controlling board approves a project under 52968
sections 3318.01 to 3318.20 of the Revised Code for a school 52969
district that previously received assistance under those sections 52970
or section 3318.37 of the Revised Code within the twenty-year 52971
period prior to the date on which the controlling board approves 52972
the new project, the district's portion of the basic project cost 52973
for the new project shall be the lesser of the following:52974

       (1) The portion calculated under division (A) of this 52975
section;52976

       (2) The greater of the following:52977

       (a) The required percentage of the basic project costs for 52978
the new project;52979

       (b) The percentage of the basic project cost paid by the 52980
district for the previous project.52981

       Sec. 3318.05.  The conditional approval of the Ohio school 52982
facilities commission for a project shall lapse and the amount 52983
reserved and encumbered for such project shall be released unless 52984
the school district board accepts such conditional approval within 52985
one hundred twenty days following the date of certification of the 52986
conditional approval to the school district board and the electors 52987
of the school district vote favorably on both of the propositions 52988
described in divisions (A) and (B) of this section within one year52989
thirteen months of the date of such certification, except that a 52990
school district described in division (C) of this section does not 52991
need to submit the proposition described in division (B) of this 52992
section. The propositions described in divisions (A) and (B) of 52993
this section shall be combined in a single proposal. If the 52994
district board or the district's electors fail to meet such 52995
requirements and the amount reserved and encumbered for the 52996
district's project is released, the district shall be given first 52997
priority for project funding as such funds become available, 52998
subject to section 3318.054 of the Revised Code.52999

       (A) On the question of issuing bonds of the school district 53000
board, for the school district's portion of the basic project 53001
cost, in an amount equal to the school district's portion of the 53002
basic project cost less the amount of the proceeds of any 53003
securities authorized or to be authorized under division (J) of 53004
section 133.06 of the Revised Code and dedicated by the school 53005
district board to payment of the district's portion of the basic 53006
project cost; and53007

       (B) On the question of levying a tax the proceeds of which 53008
shall be used to pay the cost of maintaining the classroom 53009
facilities included in the project. Such tax shall be at the rate 53010
of not less than one-half mill for each dollar of valuation for a 53011
period of twenty-three years, subject to any extension approved 53012
under section 3318.061 of the Revised Code.53013

       (C) If a school district has in place a tax levied under 53014
section 5705.21 of the Revised Code for general permanent 53015
improvements for a continuing period of time and the proceeds of 53016
such tax can be used for maintenance, or if a district agrees to 53017
the transfers described in section 3318.051 of the Revised Code, 53018
the school district need not levy the additional tax required 53019
under division (B) of this section, provided the school district 53020
board includes in the agreement entered into under section 3318.08 53021
of the Revised Code provisions either:53022

       (1) Earmarking an amount from the proceeds of that permanent 53023
improvement tax for maintenance of classroom facilities equivalent 53024
to the amount of the additional tax and for the equivalent number 53025
of years otherwise required under this section;53026

       (2) Requiring the transfer of money in accordance with 53027
section 3318.051 of the Revised Code.53028

       The district board subsequently may rescind the agreement to 53029
make the transfers under section 3318.051 of the Revised Code only 53030
so long as the electors of the district have approved, in 53031
accordance with section 3318.063 of the Revised Code, the levy of 53032
a tax for the maintenance of the classroom facilities acquired 53033
under the district's project and that levy continues to be 53034
collected as approved by the electors.53035

       (D) Proceeds of the tax to be used for maintenance of the 53036
classroom facilities under either division (B) or (C)(1) of this 53037
section, and transfers of money in accordance with section 53038
3318.051 of the Revised Code shall be deposited into a separate 53039
fund established by the school district for such purpose.53040

       Sec. 3318.051. (A) Any city, exempted village, or local 53041
school district that commences a project under sections 3318.01 to 53042
3318.20, 3318.36, 3318.37, or 3318.38 of the Revised Code on or 53043
after September 5, 2006, need not levy the tax otherwise required 53044
under division (B) of section 3318.05 of the Revised Code, if the 53045
district board of education adopts a resolution petitioning the 53046
Ohio school facilities commission to approve the transfer of money 53047
in accordance with this section and the commission approves that 53048
transfer. If so approved, the commission and the district board 53049
shall enter into an agreement under which the board, in each of 53050
twenty-three consecutive years beginning in the year in which the 53051
board and the commission enter into the project agreement under 53052
section 3318.08 of the Revised Code, shall transfer into the 53053
maintenance fund required by division (D) of section 3318.05 of 53054
the Revised Code not less than an amount equal to one-half mill 53055
for each dollar of the district's valuation unless and until the 53056
agreement to make those transfers is rescinded by the district 53057
board pursuant to division (F) of this section.53058

        (B) On the first day of July each year, or on an alternative 53059
date prescribed by the commission, the district treasurer shall 53060
certify to the commission and the auditor of state that the amount 53061
required for the year has been transferred. The auditor of state 53062
shall include verification of the transfer as part of any audit of 53063
the district under section 117.11 of the Revised Code. If the 53064
auditor of state finds that less than the required amount has been 53065
deposited into a district's maintenance fund, the auditor of state 53066
shall notify the district board of education in writing of that 53067
fact and require the board to deposit into the fund, within ninety 53068
days after the date of the notice, the amount by which the fund is 53069
deficient for the year. If the district board fails to demonstrate 53070
to the auditor of state's satisfaction that the board has made the 53071
deposit required in the notice, the auditor of state shall notify 53072
the department of education. At that time, the department shall 53073
withhold an amount equal to ten per cent of the district's funds 53074
calculated for the current fiscal year under Chapters 3306. and53075
Chapter 3317. of the Revised Code until the auditor of state 53076
notifies the department that the auditor of state is satisfied 53077
that the board has made the required transfer.53078

        (C) Money transferred to the maintenance fund shall be used 53079
for the maintenance of the facilities acquired under the 53080
district's project.53081

        (D) The transfers to the maintenance fund under this section 53082
does not affect a district's obligation to establish and maintain 53083
a capital and maintenance fund under section 3315.18 of the 53084
Revised Code.53085

       (E) Any decision by the commission to approve or not approve 53086
the transfer of money under this section is final and not subject 53087
to appeal. The commission shall not be responsible for errors or 53088
miscalculations made in deciding whether to approve a petition to 53089
make transfers under this section.53090

       (F) If the district board determines that it no longer can 53091
continue making the transfers agreed to under this section, the 53092
board may rescind the agreement only so long as the electors of 53093
the district have approved, in accordance with section 3318.063 of 53094
the Revised Code, the levy of a tax for the maintenance of the 53095
classroom facilities acquired under the district's project and 53096
that levy continues to be collected as approved by the electors. 53097
That levy shall be for a number of years that is equal to the 53098
difference between twenty-three years and the number of years that 53099
the district made transfers under this section and shall be at the 53100
rate of not less than one-half mill for each dollar of the 53101
district's valuation. The district board shall continue to make 53102
the transfers agreed to under this section until that levy has 53103
been approved by the electors.53104

       Sec. 3318.054.  (A) If conditional approval of a city, 53105
exempted village, or local school district's project lapses as 53106
provided in section 3318.05 of the Revised Code, or if conditional 53107
approval of a joint vocational school district's project lapses as 53108
provided in division (D) of section 3318.41 of the Revised Code, 53109
because the district's electors have not approved the ballot 53110
measures necessary to generate the district's portion of the basic 53111
project cost, and if the district board desires to seek a new 53112
conditional approval of the project, the district board shall 53113
request that the Ohio school facilities commission establish a new 53114
scope, estimated basic project cost, estimated school district 53115
portion of the basic project cost, and rate of taxation necessary 53116
to pay the district's portion of the basic project cost prior to 53117
resubmitting the ballot measures to the electors. To do so, the 53118
commission shall use the district's current tax valuation and the 53119
district's percentile for the prior fiscal year. For a district 53120
that has entered into an agreement under section 3318.36 of the 53121
Revised Code and desires to proceed with a project under sections 53122
3318.01 to 3318.20 of the Revised Code, the district's portion of 53123
the basic project cost shall be the percentage specified in that 53124
agreement. The project scope, estimated costs, and rate of 53125
taxation established under this division shall be valid for one 53126
year from the date the commission approves them.53127

       (B) Upon the commission's approval under division (A) of this 53128
section, the district board may submit the ballot measures to the 53129
district's electors for approval of the project based on the new 53130
project scope, estimated costs, and rate of taxation. Upon 53131
electoral approval of those measures, the district shall be given 53132
first priority for project funding as such funds become available. 53133

       (C) When the commission determines that funds are available 53134
for the district's project, the commission shall do all of the 53135
following:53136

       (1) Determine the school district portion of the basic 53137
project cost under section 3318.032 of the Revised Code, in the 53138
case of a city, exempted village, or local school district, or 53139
under section 3318.42 of the Revised Code, in the case of a joint 53140
vocational school district;53141

       (2) Conditionally approve the project and submit it to the 53142
controlling board for approval pursuant to section 3318.04 of the 53143
Revised Code;53144

       (3) Encumber funds for the project under section 3318.11 of 53145
the Revised Code; 53146

       (4) Enter into an agreement with the district board under 53147
section 3318.08 of the Revised Code.53148

       Sec. 3318.08.  Except in the case of a joint vocational 53149
school district that receives assistance under sections 3318.40 to 53150
3318.45 of the Revised Code, if the requisite favorable vote on 53151
the election is obtained, or if the school district board has 53152
resolved to apply the proceeds of a property tax levy or the 53153
proceeds of an income tax, or a combination of proceeds from such 53154
taxes, as authorized in section 3318.052 of the Revised Code, the 53155
Ohio school facilities commission, upon certification to it of 53156
either the results of the election or the resolution under section 53157
3318.052 of the Revised Code, shall enter into a written agreement 53158
with the school district board for the construction and sale of 53159
the project. In the case of a joint vocational school district 53160
that receives assistance under sections 3318.40 to 3318.45 of the 53161
Revised Code, if the school district board of education and the 53162
school district electors have satisfied the conditions prescribed 53163
in division (D)(1) of section 3318.41 of the Revised Code, the 53164
commission shall enter into an agreement with the school district 53165
board for the construction and sale of the project. In either 53166
case, the agreement shall include, but need not be limited to, the 53167
following provisions:53168

       (A) The sale and issuance of bonds or notes in anticipation 53169
thereof, as soon as practicable after the execution of the 53170
agreement, in an amount equal to the school district's portion of 53171
the basic project cost, including any securities authorized under 53172
division (J) of section 133.06 of the Revised Code and dedicated 53173
by the school district board to payment of the district's portion 53174
of the basic project cost of the project; provided, that if at 53175
that time the county treasurer of each county in which the school 53176
district is located has not commenced the collection of taxes on 53177
the general duplicate of real and public utility property for the 53178
year in which the controlling board approved the project, the 53179
school district board shall authorize the issuance of a first 53180
installment of bond anticipation notes in an amount specified by 53181
the agreement, which amount shall not exceed an amount necessary 53182
to raise the net bonded indebtedness of the school district as of 53183
the date of the controlling board's approval to within five 53184
thousand dollars of the required level of indebtedness for the 53185
preceding year. In the event that a first installment of bond 53186
anticipation notes is issued, the school district board shall, as 53187
soon as practicable after the county treasurer of each county in 53188
which the school district is located has commenced the collection 53189
of taxes on the general duplicate of real and public utility 53190
property for the year in which the controlling board approved the 53191
project, authorize the issuance of a second and final installment 53192
of bond anticipation notes or a first and final issue of bonds.53193

       The combined value of the first and second installment of 53194
bond anticipation notes or the value of the first and final issue 53195
of bonds shall be equal to the school district's portion of the 53196
basic project cost. The proceeds of any such bonds shall be used 53197
first to retire any bond anticipation notes. Otherwise, the 53198
proceeds of such bonds and of any bond anticipation notes, except 53199
the premium and accrued interest thereon, shall be deposited in 53200
the school district's project construction fund. In determining 53201
the amount of net bonded indebtedness for the purpose of fixing 53202
the amount of an issue of either bonds or bond anticipation notes, 53203
gross indebtedness shall be reduced by moneys in the bond 53204
retirement fund only to the extent of the moneys therein on the 53205
first day of the year preceding the year in which the controlling 53206
board approved the project. Should there be a decrease in the tax 53207
valuation of the school district so that the amount of 53208
indebtedness that can be incurred on the tax duplicates for the 53209
year in which the controlling board approved the project is less 53210
than the amount of the first installment of bond anticipation 53211
notes, there shall be paid from the school district's project 53212
construction fund to the school district's bond retirement fund to 53213
be applied against such notes an amount sufficient to cause the 53214
net bonded indebtedness of the school district, as of the first 53215
day of the year following the year in which the controlling board 53216
approved the project, to be within five thousand dollars of the 53217
required level of indebtedness for the year in which the 53218
controlling board approved the project. The maximum amount of 53219
indebtedness to be incurred by any school district board as its 53220
share of the cost of the project is either an amount that will 53221
cause its net bonded indebtedness, as of the first day of the year 53222
following the year in which the controlling board approved the 53223
project, to be within five thousand dollars of the required level 53224
of indebtedness, or an amount equal to the required percentage of 53225
the basic project costs, whichever is greater. All bonds and bond 53226
anticipation notes shall be issued in accordance with Chapter 133. 53227
of the Revised Code, and notes may be renewed as provided in 53228
section 133.22 of the Revised Code.53229

       (B) The transfer of such funds of the school district board 53230
available for the project, together with the proceeds of the sale 53231
of the bonds or notes, except premium, accrued interest, and 53232
interest included in the amount of the issue, to the school 53233
district's project construction fund;53234

       (C) For all school districts except joint vocational school 53235
districts that receive assistance under sections 3318.40 to 53236
3318.45 of the Revised Code, the following provisions as 53237
applicable:53238

       (1) If section 3318.052 of the Revised Code applies, the 53239
earmarking of the proceeds of a tax levied under section 5705.21 53240
of the Revised Code for general permanent improvements or under 53241
section 5705.218 of the Revised Code for the purpose of permanent 53242
improvements, or the proceeds of a school district income tax 53243
levied under Chapter 5748. of the Revised Code, or the proceeds 53244
from a combination of those two taxes, in an amount to pay all or 53245
part of the service charges on bonds issued to pay the school 53246
district portion of the project and an amount equivalent to all or 53247
part of the tax required under division (B) of section 3318.05 of 53248
the Revised Code;53249

       (2) If section 3318.052 of the Revised Code does not apply, 53250
one of the following:53251

       (a) The levy of the tax authorized at the election for the 53252
payment of maintenance costs, as specified in division (B) of 53253
section 3318.05 of the Revised Code;53254

       (b) If the school district electors have approved a 53255
continuing tax for general permanent improvements under section 53256
5705.21 of the Revised Code and that tax can be used for 53257
maintenance, the earmarking of an amount of the proceeds from such 53258
tax for maintenance of classroom facilities as specified in 53259
division (B) of section 3318.05 of the Revised Code;53260

       (c) If, in lieu of the tax otherwise required under division 53261
(B) of section 3318.05 of the Revised Code, the commission has 53262
approved the transfer of money to the maintenance fund in 53263
accordance with section 3318.051 of the Revised Code, a 53264
requirement that the district board comply with the provisions 53265
that section. The district board may rescind the provision 53266
prescribed under division (C)(2)(c) of this section only so long 53267
as the electors of the district have approved, in accordance with 53268
section 3318.063 of the Revised Code, the levy of a tax for the 53269
maintenance of the classroom facilities acquired under the 53270
district's project and that levy continues to be collected as 53271
approved by the electors.53272

       (D) For joint vocational school districts that receive 53273
assistance under sections 3318.40 to 3318.45 of the Revised Code, 53274
provision for deposit of school district moneys dedicated to 53275
maintenance of the classroom facilities acquired under those 53276
sections as prescribed in section 3318.43 of the Revised Code;53277

       (E) Dedication of any local donated contribution as provided 53278
for under section 3318.084 of the Revised Code, including a 53279
schedule for depositing such moneys applied as an offset of the 53280
district's obligation to levy the tax described in division (B) of 53281
section 3318.05 of the Revised Code as required under division 53282
(D)(2) of section 3318.084 of the Revised Code;53283

       (F) Ownership of or interest in the project during the period 53284
of construction, which shall be divided between the commission and 53285
the school district board in proportion to their respective 53286
contributions to the school district's project construction fund;53287

       (G) Maintenance of the state's interest in the project until 53288
any obligations issued for the project under section 3318.26 of 53289
the Revised Code are no longer outstanding;53290

       (H) The insurance of the project by the school district from 53291
the time there is an insurable interest therein and so long as the 53292
state retains any ownership or interest in the project pursuant to 53293
division (F) of this section, in such amounts and against such 53294
risks as the commission shall require; provided, that the cost of 53295
any required insurance until the project is completed shall be a 53296
part of the basic project cost;53297

       (I) The certification by the director of budget and 53298
management that funds are available and have been set aside to 53299
meet the state's share of the basic project cost as approved by 53300
the controlling board pursuant to either section 3318.04 or 53301
division (B)(1) of section 3318.41 of the Revised Code;53302

       (J) Authorization of the school district board to advertise 53303
for and receive construction bids for the project, for and on 53304
behalf of the commission, and to award contracts in the name of 53305
the state subject to approval by the commission;53306

       (K) Provisions for the disbursement of moneys from the school 53307
district's project account upon issuance by the commission or the 53308
commission's designated representative of vouchers for work done 53309
to be certified to the commission by the treasurer of the school 53310
district board;53311

       (L) Disposal of any balance left in the school district's 53312
project construction fund upon completion of the project;53313

       (M) Limitations upon use of the project or any part of it so 53314
long as any obligations issued to finance the project under 53315
section 3318.26 of the Revised Code are outstanding;53316

       (N) Provision for vesting the state's interest in the project 53317
to the school district board when the obligations issued to 53318
finance the project under section 3318.26 of the Revised Code are 53319
outstanding;53320

       (O) Provision for deposit of an executed copy of the 53321
agreement in the office of the commission;53322

       (P) Provision for termination of the contract and release of 53323
the funds encumbered at the time of the conditional approval, if 53324
the proceeds of the sale of the bonds of the school district board 53325
are not paid into the school district's project construction fund 53326
and if bids for the construction of the project have not been 53327
taken within such period after the execution of the agreement as 53328
may be fixed by the commission;53329

       (Q) Provision for the school district to maintain the project 53330
in accordance with a plan approved by the commission;53331

       (R)(1) For all school districts except a district undertaking 53332
a project under section 3318.38 of the Revised Code or a joint 53333
vocational school district undertaking a project under sections 53334
3318.40 to 3318.45 of the Revised Code, provisionProvision that 53335
all state funds reserved and encumbered to pay the state share of 53336
the cost of the project pursuant to section 3318.03 of the Revised 53337
Code be spent on the construction or acquisition of the project 53338
prior to the expenditure of anyand the funds provided by the 53339
school district to pay for its share of the project cost, unless53340
including the respective shares of the cost of a segment if the 53341
project is divided into segments, be spent on the construction and 53342
acquisition of the project or segment simultaneously in proportion 53343
to the state's and the school district's respective shares of that 53344
basic project cost as determined under section 3318.032 of the 53345
Revised Code or, if the district is a joint vocational school 53346
district, under section 3318.42 of the Revised Code. However, if53347
the school district certifies to the commission that expenditure 53348
by the school district is necessary to maintain the federal tax 53349
status or tax-exempt status of notes or bonds issued by the school 53350
district to pay for its share of the project cost or to comply 53351
with applicable temporary investment periods or spending 53352
exceptions to rebate as provided for under federal law in regard 53353
to those notes or bonds, in which cases, the school district may 53354
commit to spend, or spend, a greater portion of the funds it 53355
provides;53356

       (2) For a school district undertaking a project under section 53357
3318.38 of the Revised Code or a joint vocational school district 53358
undertaking a project under sections 3318.40 to 3318.45 of the 53359
Revised Code, provision that the state funds reserved and 53360
encumbered and the funds provided by the school district to pay 53361
the basic project cost of any segment of the project, or of the 53362
entire project if it is not divided into segments, be spent on the 53363
construction and acquisition of the project simultaneously in 53364
proportion to the state's and the school district's respective 53365
shares of that basic project cost as determined under section 53366
3318.032 of the Revised Code or, if the district is a joint 53367
vocational school district, under section 3318.42 of the Revised 53368
Codeduring any specific period than would otherwise be required 53369
under this division.53370

       (S) A provision stipulating that the commission may prohibit 53371
the district from proceeding with any project if the commission 53372
determines that the site is not suitable for construction 53373
purposes. The commission may perform soil tests in its 53374
determination of whether a site is appropriate for construction 53375
purposes.53376

       (T) A provision stipulating that, unless otherwise authorized 53377
by the commission, any contingency reserve portion of the 53378
construction budget prescribed by the commission shall be used 53379
only to pay costs resulting from unforeseen job conditions, to 53380
comply with rulings regarding building and other codes, to pay 53381
costs related to design clarifications or corrections to contract 53382
documents, and to pay the costs of settlements or judgments 53383
related to the project as provided under section 3318.086 of the 53384
Revised Code;53385

       (U) Provision stipulating that for continued release of 53386
project funds the school district board shall comply with section 53387
3313.41 of the Revised Code throughout the project and shall 53388
notify the department of education and the Ohio community school 53389
association when the board plans to dispose of facilities by sale 53390
under that section;53391

       (V) Provision that the commission shall not approve a 53392
contract for demolition of a facility until the school district 53393
board has complied with section 3313.41 of the Revised Code 53394
relative to that facility, unless demolition of that facility is 53395
to clear a site for construction of a replacement facility 53396
included in the district's project.53397

       Sec. 3318.12. (A) The Ohio school facilities commission shall 53398
cause to be transferred to the school district's project 53399
construction fund the necessary amounts from amounts appropriated 53400
by the general assembly and set aside for such purpose, from time 53401
to time as may be necessary to pay obligations chargeable to such 53402
fund when due. All investment earnings of a school district's 53403
project construction fund shall be credited to the fund.53404

       (B)(1) The treasurer of the school district board shall 53405
disburse funds from the school district's project construction 53406
fund, including investment earnings credited to the fund, only 53407
upon the approval of the commission or the commission's designated 53408
representative. The commission or the commission's designated 53409
representative shall issue vouchers against such fund, in such 53410
amounts, and at such times as required by the contracts for 53411
construction of the project.53412

       (2) Notwithstanding anything to the contrary in division 53413
(B)(1) of this section, the school district board may, by a duly 53414
adopted resolution, choose to use all or part of the investment 53415
earnings of the district's project construction fund that are 53416
attributable to the district's contribution to the fund to pay the 53417
cost of classroom facilities or portions or components of 53418
classroom facilities that are not included in the district's basic 53419
project cost but that are related to the district's project. If 53420
the district board adopts a resolution in favor of using those 53421
investment earnings as authorized under division (B)(2) of this 53422
section, the treasurer shall disburse the amount as designated and 53423
directed by the board. However, if the district board chooses to 53424
use any part of the investment earnings for classroom facilities 53425
or portions or components of classroom facilities that are not 53426
included in the basic project cost, as authorized under division 53427
(B)(2) of this section, and, subsequently, the cost of the project 53428
exceeds the amount in the project construction fund, the district 53429
board shall restore to the project construction fund the full 53430
amount of the investment earnings used under division (B)(2) of 53431
this section before any additional state moneys shall be released 53432
for the project.53433

       (C) After thea certificate of completion has been issued for 53434
a project has been completedunder section 3318.48 of the Revised 53435
Code:53436

       (1) At the discretion of the school district board, any 53437
investment earnings remaining in the project construction fund 53438
that are attributable to the school district's contribution to the 53439
fund shall be:53440

       (a) Retained in the project construction fund for future 53441
projects;53442

       (b) Transferred to the district's maintenance fund required 53443
by division (B) of section 3318.05 or section 3318.43 of the 53444
Revised Code, and the money so transferred shall be used solely 53445
for maintaining the classroom facilities included in the project;53446

       (c) Transferred to the district's permanent improvement fund.53447

       (2) Any investment earnings remaining in the project 53448
construction fund that are attributable to the state's 53449
contribution to the fund shall be transferred to the commission 53450
for expenditure pursuant to sections 3318.01 to 3318.20 or 53451
sections 3318.40 to 3318.45 of the Revised Code.53452

       (3) Any other surplus remaining in the school district's 53453
project construction fund after the project has been completed53454
shall be transferred to the commission and the school district 53455
board in proportion to their respective contributions to the fund. 53456
The commission shall use the money transferred to it under this 53457
division for expenditure pursuant to sections 3318.01 to 3318.20 53458
or sections 3318.40 to 3318.45 of the Revised Code.53459

       (D) Pursuant to appropriations of the general assembly, any 53460
moneys transferred to the commission under division (C)(2) or (3) 53461
of this section from a project construction fund for a project 53462
under sections 3318.40 to 3318.45 of the Revised Code may be used 53463
for future expenditures for projects under sections 3318.40 to 53464
3318.45 of the Revised Code, notwithstanding the two per cent 53465
annual limit specified in division (B) of section 3318.40 of the 53466
Revised Code.53467

       Sec. 3318.31.  (A) The Ohio school facilities commission may 53468
perform any act and ensure the performance of any function 53469
necessary or appropriate to carry out the purposes of, and 53470
exercise the powers granted under, Chapter 3318. of the Revised 53471
Code, including any of the following:53472

       (1) Adopt, amend, and rescind, pursuant to section 111.15 of 53473
the Revised Code, rules for the administration of programs 53474
authorized under Chapter 3318. of the Revised Code.53475

       (2) Contract with, retain the services of, or designate, and 53476
fix the compensation of, such agents, accountants, consultants, 53477
advisers, and other independent contractors as may be necessary or 53478
desirable to carry out the programs authorized under Chapter 3318. 53479
of the Revised Code, or authorize the executive director to 53480
perform such powers and duties.53481

       (3) Receive and accept any gifts, grants, donations, and 53482
pledges, and receipts therefrom, to be used for the programs 53483
authorized under Chapter 3318. of the Revised Code.53484

       (4) Make and enter into all contracts, commitments, and 53485
agreements, and execute all instruments, necessary or incidental 53486
to the performance of its duties and the execution of its rights 53487
and powers under Chapter 3318. of the Revised Code, or authorize 53488
the executive director to perform such powers and duties.53489

       (5) Request the director of administrative services to debar 53490
a contractor as provided in section 153.02 of the Revised Code.53491

       (B) The commission shall appoint and fix the compensation of 53492
an executive director who shall serve at the pleasure of the 53493
commission. The executive director shall supervise the operations 53494
of the commission and perform such other duties as delegated by 53495
the commission. The executive director also shall employ and fix 53496
the compensation of such employees as will facilitate the 53497
activities and purposes of the commission, who shall serve at the 53498
pleasure of the executive director. The employees of the 53499
commission shall be exempt from Chapter 4117. of the Revised Code 53500
and shall not be public employees as defined in section 4117.01 of 53501
the Revised Code.53502

       (C) The attorney general shall serve as the legal 53503
representative for the commission and may appoint other counsel as 53504
necessary for that purpose in accordance with section 109.07 of 53505
the Revised Code.53506

       Sec. 3318.36.  (A)(1) As used in this section:53507

       (a) "Ohio school facilities commission," "classroom 53508
facilities," "school district," "school district board," "net 53509
bonded indebtedness," "required percentage of the basic project 53510
costs," "basic project cost," "valuation," and "percentile" have 53511
the same meanings as in section 3318.01 of the Revised Code.53512

       (b) "Required level of indebtedness" means five per cent of 53513
the school district's valuation for the year preceding the year in 53514
which the commission and school district enter into an agreement 53515
under division (B) of this section, plus [two one-hundredths of 53516
one per cent multiplied by (the percentile in which the district 53517
ranks minus one)].53518

       (c) "Local resources" means any moneys generated in any 53519
manner permitted for a school district board to raise the school 53520
district portion of a project undertaken with assistance under 53521
sections 3318.01 to 3318.20 of the Revised Code.53522

       (d) "Tangible personal property phase-out impacted district" 53523
means a school district for which the taxable value of its 53524
tangible personal property certified under division (A)(2) of 53525
section 3317.021 of the Revised Code for tax year 2005, excluding 53526
the taxable value of public utility personal property, made up 53527
eighteen per cent or more of its total taxable value for tax year 53528
2005 as certified under that section.53529

       (2) For purposes of determining the required level of 53530
indebtedness, the required percentage of the basic project costs 53531
under division (C)(1) of this section, and priority for assistance 53532
under sections 3318.01 to 3318.20 of the Revised Code, the 53533
percentile ranking of a school district with which the commission 53534
has entered into an agreement under this section between the first 53535
day of July and the thirty-first day of August in each fiscal year 53536
is the percentile ranking calculated for that district for the 53537
immediately preceding fiscal year, and the percentile ranking of a 53538
school district with which the commission has entered into such 53539
agreement between the first day of September and the thirtieth day 53540
of June in each fiscal year is the percentile ranking calculated 53541
for that district for the current fiscal year. However, in the 53542
case of a tangible personal property phase-out impacted district, 53543
the district's priority for assistance under sections 3318.01 to 53544
3318.20 of the Revised Code and its portion of the basic project 53545
cost under those sections shall be determined in the manner 53546
prescribed, respectively, in divisions (B)(3)(b) and (E)(1)(b) of 53547
this section. 53548

       (B)(1) There is hereby established the school building 53549
assistance expedited local partnership program. Under the program, 53550
the Ohio school facilities commission may enter into an agreement 53551
with the school district board of any school district under which 53552
the school district board may proceed with the new construction or 53553
major repairs of a part of the school district's classroom 53554
facilities needs, as determined under sections 3318.01 to 3318.20 53555
of the Revised Code, through the expenditure of local resources 53556
prior to the school district's eligibility for state assistance 53557
under those sections and may apply that expenditure toward meeting 53558
the school district's portion of the basic project cost of the 53559
total of the school district's classroom facilities needs, as 53560
determined under sections 3318.01 to 3318.20 of the Revised Code 53561
and as recalculated under division (E) of this section, that are 53562
eligible for state assistance under sections 3318.01 to 3318.20 of 53563
the Revised Code when the school district becomes eligible for 53564
that assistance. Any school district that is reasonably expected 53565
to receive assistance under sections 3318.01 to 3318.20 of the 53566
Revised Code within two fiscal years from the date the school 53567
district adopts its resolution under division (B) of this section 53568
shall not be eligible to participate in the program established 53569
under this section.53570

       (2) To participate in the program, a school district board 53571
shall first adopt a resolution certifying to the commission the 53572
board's intent to participate in the program.53573

       The resolution shall specify the approximate date that the 53574
board intends to seek elector approval of any bond or tax measures 53575
or to apply other local resources to use to pay the cost of 53576
classroom facilities to be constructed under this section. The 53577
resolution may specify the application of local resources or 53578
elector-approved bond or tax measures after the resolution is 53579
adopted by the board, and in such case the board may proceed with 53580
a discrete portion of its project under this section as soon as 53581
the commission and the controlling board have approved the basic 53582
project cost of the district's classroom facilities needs as 53583
specified in division (D) of this section. The board shall submit 53584
its resolution to the commission not later than ten days after the 53585
date the resolution is adopted by the board.53586

       The commission shall not consider any resolution that is 53587
submitted pursuant to division (B)(2) of this section, as amended 53588
by this amendment, sooner than September 14, 2000.53589

       (3) For purposes of determining when a district that enters 53590
into an agreement under this section becomes eligible for 53591
assistance under sections 3318.01 to 3318.20 of the Revised Code, 53592
the commission shall use one of the following as applicable:53593

       (a) Except for a tangible personal property phase-out 53594
impacted district, the district's percentile ranking determined at 53595
the time the district entered into the agreement under this 53596
section, as prescribed by division (A)(2) of this section;53597

       (b) For a tangible personal property phase-out impacted 53598
district, the lesser of (i) the district's percentile ranking 53599
determined at the time the district entered into the agreement 53600
under this section, as prescribed by division (A)(2) of this 53601
section, or (ii) the district's current percentile ranking under 53602
section 3318.011 of the Revised Code.53603

       (4) Any project under this section shall comply with section 53604
3318.03 of the Revised Code and with any specifications for plans 53605
and materials for classroom facilities adopted by the commission 53606
under section 3318.04 of the Revised Code.53607

       (5) If a school district that enters into an agreement under 53608
this section has not begun a project applying local resources as 53609
provided for under that agreement at the time the district is 53610
notified by the commission that it is eligible to receive state 53611
assistance under sections 3318.01 to 3318.20 of the Revised Code, 53612
all assessment and agreement documents entered into under this 53613
section are void.53614

       (6) Only construction of or repairs to classroom facilities 53615
that have been approved by the commission and have been therefore 53616
included as part of a district's basic project cost qualify for 53617
application of local resources under this section.53618

       (C) Based on the results of on-site visits and assessment, 53619
the commission shall determine the basic project cost of the 53620
school district's classroom facilities needs. The commission shall 53621
determine the school district's portion of such basic project 53622
cost, which shall be the greater of:53623

       (1) The required percentage of the basic project costs, 53624
determined based on the school district's percentile ranking;53625

       (2) An amount necessary to raise the school district's net 53626
bonded indebtedness, as of the fiscal year the commission and the 53627
school district enter into the agreement under division (B) of 53628
this section, to within five thousand dollars of the required 53629
level of indebtedness.53630

       (D)(1) When the commission determines the basic project cost 53631
of the classroom facilities needs of a school district and the 53632
school district's portion of that basic project cost under 53633
division (C) of this section, the project shall be conditionally 53634
approved. Such conditional approval shall be submitted to the 53635
controlling board for approval thereof. The controlling board 53636
shall forthwith approve or reject the commission's determination, 53637
conditional approval, and the amount of the state's portion of the 53638
basic project cost; however, no state funds shall be encumbered 53639
under this section. Upon approval by the controlling board, the 53640
school district board may identify a discrete part of its 53641
classroom facilities needs, which shall include only new 53642
construction of or additions or major repairs to a particular 53643
building, to address with local resources. Upon identifying a part 53644
of the school district's basic project cost to address with local 53645
resources, the school district board may allocate any available 53646
school district moneys to pay the cost of that identified part, 53647
including the proceeds of an issuance of bonds if approved by the 53648
electors of the school district.53649

       All local resources utilized under this division shall first 53650
be deposited in the project construction account required under 53651
section 3318.08 of the Revised Code.53652

       (2) Unless the school district board exercises its option 53653
under division (D)(3) of this section, for a school district to 53654
qualify for participation in the program authorized under this 53655
section, one of the following conditions shall be satisfied:53656

       (a) The electors of the school district by a majority vote 53657
shall approve the levy of taxes outside the ten-mill limitation 53658
for a period of twenty-three years at the rate of not less than 53659
one-half mill for each dollar of valuation to be used to pay the 53660
cost of maintaining the classroom facilities included in the basic 53661
project cost as determined by the commission. The form of the 53662
ballot to be used to submit the question whether to approve the 53663
tax required under this division to the electors of the school 53664
district shall be the form for an additional levy of taxes 53665
prescribed in section 3318.361 of the Revised Code, which may be 53666
combined in a single ballot question with the questions prescribed 53667
under section 5705.218 of the Revised Code.53668

       (b) As authorized under division (C) of section 3318.05 of 53669
the Revised Code, the school district board shall earmark from the 53670
proceeds of a permanent improvement tax levied under section 53671
5705.21 of the Revised Code, an amount equivalent to the 53672
additional tax otherwise required under division (D)(2)(a) of this 53673
section for the maintenance of the classroom facilities included 53674
in the basic project cost as determined by the commission.53675

       (c) As authorized under section 3318.051 of the Revised Code, 53676
the school district board shall, if approved by the commission, 53677
annually transfer into the maintenance fund required under section 53678
3318.05 of the Revised Code the amount prescribed in section 53679
3318.051 of the Revised Code in lieu of the tax otherwise required 53680
under division (D)(2)(a) of this section for the maintenance of 53681
the classroom facilities included in the basic project cost as 53682
determined by the commission.53683

        (d) If the school district board has rescinded the agreement 53684
to make transfers under section 3318.051 of the Revised Code, as 53685
provided under division (F) of that section, the electors of the 53686
school district, in accordance with section 3318.063 of the 53687
Revised Code, first shall approve the levy of taxes outside the 53688
ten-mill limitation for the period specified in that section at a 53689
rate of not less than one-half mill for each dollar of valuation.53690

       (e) The school district board shall apply the proceeds of a 53691
tax to leverage bonds as authorized under section 3318.052 of the 53692
Revised Code or dedicate a local donated contribution in the 53693
manner described in division (B) of section 3318.084 of the 53694
Revised Code in an amount equivalent to the additional tax 53695
otherwise required under division (D)(2)(a) of this section for 53696
the maintenance of the classroom facilities included in the basic 53697
project cost as determined by the commission.53698

       (3) A school district board may opt to delay taking any of 53699
the actions described in division (D)(2) of this section until the 53700
school district becomes eligible for state assistance under 53701
sections 3318.01 to 3318.20 of the Revised Code. In order to 53702
exercise this option, the board shall certify to the commission a 53703
resolution indicating the board's intent to do so prior to 53704
entering into an agreement under division (B) of this section.53705

       (4) If pursuant to division (D)(3) of this section a district 53706
board opts to delay levying an additional tax until the district 53707
becomes eligible for state assistance, it shall submit the 53708
question of levying that tax to the district electors as follows:53709

       (a) In accordance with section 3318.06 of the Revised Code if 53710
it will also be necessary pursuant to division (E) of this section 53711
to submit a proposal for approval of a bond issue;53712

       (b) In accordance with section 3318.361 of the Revised Code 53713
if it is not necessary to also submit a proposal for approval of a 53714
bond issue pursuant to division (E) of this section.53715

       (5) No state assistance under sections 3318.01 to 3318.20 of 53716
the Revised Code shall be released until a school district board 53717
that adopts and certifies a resolution under division (D) of this 53718
section also demonstrates to the satisfaction of the commission 53719
compliance with the provisions of division (D)(2) of this section.53720

       Any amount required for maintenance under division (D)(2) of 53721
this section shall be deposited into a separate fund as specified 53722
in division (B) of section 3318.05 of the Revised Code.53723

       (E)(1) If the school district becomes eligible for state 53724
assistance under sections 3318.01 to 3318.20 of the Revised Code 53725
based on its percentile ranking under division (B)(3) of this 53726
section, the commission shall conduct a new assessment of the 53727
school district's classroom facilities needs and shall recalculate 53728
the basic project cost based on this new assessment. The basic 53729
project cost recalculated under this division shall include the 53730
amount of expenditures made by the school district board under 53731
division (D)(1) of this section. The commission shall then 53732
recalculate the school district's portion of the new basic project 53733
cost, which shall be one of the following as applicable:53734

       (a) Except for a tangible personal property phase-out 53735
impacted district, the percentage of the original basic project 53736
cost assigned to the school district as its portion under division 53737
(C) of this section;53738

       (b) For a tangible personal property phase-out impacted 53739
district, the lesser of (i) the percentage of the original basic 53740
project cost assigned to the school district as its portion under 53741
division (C) of this section, or (ii) the percentage of the new 53742
basic project cost determined under section 3318.032 of the 53743
Revised Code using the district's current percentile ranking under 53744
section 3318.011 of the Revised Code. The53745

       The commission shall deduct the expenditure of school 53746
district moneys made under division (D)(1) of this section from 53747
the school district's portion of the basic project cost as 53748
recalculated under this division. If the amount of school district 53749
resources applied by the school district board to the school 53750
district's portion of the basic project cost under this section is 53751
less than the total amount of such portion as recalculated under 53752
this division, the school district board by a majority vote of all 53753
of its members shall, if it desires to seek state assistance under 53754
sections 3318.01 to 3318.20 of the Revised Code, adopt a 53755
resolution as specified in section 3318.06 of the Revised Code to 53756
submit to the electors of the school district the question of 53757
approval of a bond issue in order to pay any additional amount of 53758
school district portion required for state assistance. Any tax 53759
levy approved under division (D) of this section satisfies the 53760
requirements to levy the additional tax under section 3318.06 of 53761
the Revised Code.53762

       (2) If the amount of school district resources applied by the 53763
school district board to the school district's portion of the 53764
basic project cost under this section is more than the total 53765
amount of such portion as recalculated under this division (E)(1) 53766
of this section, within one year after the school district's 53767
portion is so recalculated under division (E)(1) of this section53768
the commission may grant to the school district the difference 53769
between the two calculated portions, but at no time shall the 53770
commission expend any state funds on a project in an amount 53771
greater than the state's portion of the basic project cost as 53772
recalculated under this division (E)(1) of this section.53773

       Any reimbursement under this division shall be only for local 53774
resources the school district has applied toward construction cost 53775
expenditures for the classroom facilities approved by the 53776
commission, which shall not include any financing costs associated 53777
with that construction.53778

       The school district board shall use any moneys reimbursed to 53779
the district under this division to pay off any debt service the 53780
district owes for classroom facilities constructed under its 53781
project under this section before such moneys are applied to any 53782
other purpose. However, the district board first may deposit 53783
moneys reimbursed under this division into the district's general 53784
fund or a permanent improvement fund to replace local resources 53785
the district withdrew from those funds, as long as, and to the 53786
extent that, those local resources were used by the district for 53787
constructing classroom facilities included in the district's basic 53788
project cost.53789

       (3) A tangible personal property phase-out impacted district 53790
shall receive credit under division (E) of this section for the 53791
expenditure of local resources pursuant to any prior agreement 53792
authorized by this section, notwithstanding any recalculation of 53793
its average taxable value.53794

       Sec. 3318.37.  (A)(1) As used in this section:53795

       (a) "Large land area school district" means a school district 53796
with a territory of greater than three hundred square miles in any 53797
percentile as determined under section 3318.011 of the Revised 53798
Code.53799

       (b) "Low wealth school district" means a school district in 53800
the first through seventy-fifth percentiles as determined under 53801
section 3318.011 of the Revised Code.53802

       (c) A "school district with an exceptional need for immediate 53803
classroom facilities assistance" means a low wealth or large land 53804
area school district with an exceptional need for new facilities 53805
in order to protect the health and safety of all or a portion of 53806
its students.53807

       (2) No school district reasonably expected to be eligible for 53808
state assistance under sections 3318.01 to 3318.20 of the Revised 53809
Code within three fiscal years after the year of the application 53810
for assistance under this section shall be eligible for assistance 53811
under this section, unless the district's entire classroom 53812
facilities plan consists of only a single building designed to 53813
house grades kindergarten through twelve and the district 53814
satisfies the conditions prescribed in divisions (A)(3)(a) and (b) 53815
of this section.53816

       (3) No school district that participates in the school 53817
building assistance expedited local partnership program under 53818
section 3318.36 of the Revised Code shall receive assistance under 53819
the program established under this section unless the following 53820
conditions are satisfied:53821

       (a) The district board adopted a resolution certifying its 53822
intent to participate in the school building assistance expedited 53823
local partnership program under section 3318.36 of the Revised 53824
Code prior to September 14, 2000.53825

       (b) The district was selected by the Ohio school facilities 53826
commission for participation in the school building assistance 53827
expedited local partnership program under section 3318.36 of the 53828
Revised Code in the manner prescribed by the commission under that 53829
section as it existed prior to September 14, 2000.53830

       (B)(1) There is hereby established the exceptional needs 53831
school facilities assistance program. Under the program, the Ohio 53832
school facilities commission may set aside from the moneys 53833
annually appropriated to it for classroom facilities assistance 53834
projects up to twenty-five per cent for assistance to school 53835
districts with exceptional needs for immediate classroom 53836
facilities assistance.53837

       (2)(a) After consulting with education and construction 53838
experts, the commission shall adopt guidelines for identifying 53839
school districts with an exceptional need for immediate classroom 53840
facilities assistance.53841

       (b) The guidelines shall include application forms and 53842
instructions for school districts to use in applying for 53843
assistance under this section.53844

       (3) The commission shall evaluate the classroom facilities, 53845
and the need for replacement classroom facilities from the 53846
applications received under this section. The commission, 53847
utilizing the guidelines adopted under division (B)(2)(a) of this 53848
section, shall prioritize the school districts to be assessed.53849

       Notwithstanding section 3318.02 of the Revised Code, the 53850
commission may conduct on-site evaluation of the school districts 53851
prioritized under this section and approve and award funds until 53852
such time as all funds set aside under division (B)(1) of this 53853
section have been encumbered. However, the commission need not 53854
conduct the evaluation of facilities if the commission determines 53855
that a district's assessment conducted under section 3318.36 of 53856
the Revised Code is sufficient for purposes of this section.53857

       (4) Notwithstanding division (A) of section 3318.05 of the 53858
Revised Code, the school district's portion of the basic project 53859
cost under this section shall be the "required percentage of the 53860
basic project costs," as defined in division (K) of section 53861
3318.01 of the Revised Code.53862

       (5) Except as otherwise specified in this section, any 53863
project undertaken with assistance under this section shall comply 53864
with all provisions of sections 3318.01 to 3318.20 of the Revised 53865
Code. A school district may receive assistance under sections 53866
3318.01 to 3318.20 of the Revised Code for the remainder of the 53867
district's classroom facilities needs as assessed under this 53868
section when the district is eligible for such assistance pursuant 53869
to section 3318.02 of the Revised Code, but any classroom facility 53870
constructed with assistance under this section shall not be 53871
included in a district's project at that time unless the 53872
commission determines the district has experienced the increased 53873
enrollment specified in division (B)(1) of section 3318.04 of the 53874
Revised Code.53875

       (C) No school district shall receive assistance under this 53876
section for a classroom facility that has been included in the 53877
discrete part of the district's classroom facilities needs 53878
identified and addressed in the district's project pursuant to an 53879
agreement entered into under section 3318.36 of the Revised Code, 53880
unless the district's entire classroom facilities plan consists of 53881
only a single building designed to house grades kindergarten 53882
through twelve.53883

       Sec. 3318.371.  The Ohio school facilities commission may 53884
provide assistance under the exceptional needs school facilities 53885
program established by section 3318.37 of the Revised Code to any 53886
school district for the purpose of the relocation or replacement 53887
of classroom facilities required as a result of any contamination 53888
of air, soil, or water that impacts the occupants of the facility. 53889
Assistance under this section is not limited to school districts 53890
in the first through seventy-fifth percentiles as determined under 53891
section 3318.011 of the Revised Code.53892

       The commission shall make a determination in accordance with 53893
guidelines adopted by the commission regarding eligibility and 53894
funding for projects under this section. The commission may 53895
contract with an independent environmental consultant to conduct a 53896
study to assist the commission in making the determination.53897

       If the federal government or other public or private entity 53898
provides funds for restitution of costs incurred by the state or 53899
school district in the relocation or replacement of the classroom 53900
facilities, the school district shall use such funds in excess of 53901
the school district's share to refund the state for the state's 53902
contribution to the environmental contamination portion of the 53903
project. The school district may apply an amount of such 53904
restitution funds up to an amount equal to the school district's 53905
portion of the project, as defined by the commission, toward 53906
paying its portion of that project to reduce the amount of bonds 53907
the school district otherwise must issue to receive state 53908
assistance under sections 3318.01 to 3318.20 of the Revised Code.53909

       Sec. 3318.38.  (A) As used in this section, "big-eight school 53910
district" has the same meaning as in section 3314.02 of the 53911
Revised Code.53912

       (B) There is hereby established the accelerated urban school 53913
building assistance program. Under the program, notwithstanding 53914
section 3318.02 of the Revised Code, any big-eight school district 53915
that has not been approved to receive assistance under sections 53916
3318.01 to 3318.20 of the Revised Code by July 1, 2002, may 53917
beginning on that date apply for approval of and be approved for 53918
such assistance. Except as otherwise provided in this section, any 53919
project approved and undertaken pursuant to this section shall 53920
comply with all provisions of sections 3318.01 to 3318.20 of the 53921
Revised Code.53922

       The Ohio school facilities commission shall provide 53923
assistance to any big-eight school district eligible for 53924
assistance under this section in the following manner:53925

       (1) Notwithstanding section 3318.02 of the Revised Code:53926

       (a) Not later than June 30, 2002, the commission shall 53927
conduct an on-site visit and shall assess the classroom facilities 53928
needs of each big-eight school district eligible for assistance 53929
under this section;53930

       (b) Beginning July 1, 2002, any big-eight school district 53931
eligible for assistance under this section may apply to the 53932
commission for conditional approval of its project as determined 53933
by the assessment conducted under division (B)(1)(a) of this 53934
section. The commission may conditionally approve that project and 53935
submit it to the controlling board for approval pursuant to 53936
section 3318.04 of the Revised Code.53937

       (2) If the controlling board approves the project of a 53938
big-eight school district eligible for assistance under this 53939
section, the commission and the school district shall enter into 53940
an agreement as prescribed in section 3318.08 of the Revised Code. 53941
Any agreement executed pursuant to this division shall include any 53942
applicable segmentation provisions as approved by the commission 53943
under division (B)(3) of this section.53944

       (3) Notwithstanding any provision to the contrary in sections 53945
3318.05, 3318.06, and 3318.08 of the Revised Code, a big-eight 53946
school district eligible for assistance under this section may 53947
with the approval of the commission opt to divide the project as 53948
approved under division (B)(1)(b) of this section into discrete 53949
segments to be completed sequentially. Any project divided into 53950
segments shall comply with all other provisions of sections 53951
3318.05, 3318.06, and 3318.08 of the Revised Code except as 53952
otherwise specified in this division.53953

       If a project is divided into segments under this division:53954

       (a) The school district need raise only the amount equal to 53955
its proportionate share, as determined under section 3318.032 of 53956
the Revised Code, of each segment at any one time and may seek 53957
voter approval of each segment separately;53958

       (b) The state's proportionate share, as determined under 53959
section 3318.032 of the Revised Code, of only the segment which 53960
has been approved by the school district electors or for which the 53961
district has applied a local donated contribution under section 53962
3318.084 of the Revised Code shall be encumbered in accordance 53963
with section 3318.11 of the Revised Code. Encumbrance of 53964
additional amounts to cover the state's proportionate share of 53965
later segments shall be approved separately as they are approved 53966
by the school district electors or as the district applies a local 53967
donated contribution to the segments under section 3318.084 of the 53968
Revised Code.53969

       (c) The school district's maintenance levy requirement, as 53970
defined in section 3318.18 of the Revised Code, shall run for 53971
twenty-three years from the date the first segment is undertaken.53972

       (4) For any project under this section(C) In accordance with 53973
division (R) of section 3318.08 of the Revised Code, the state 53974
funds reserved and encumbered and the funds provided by the school 53975
district to pay the basic project cost of any segment of the 53976
project under this section, or of the entire project if it is not 53977
divided into segments, shall be spent on the construction and 53978
acquisition of the project simultaneously in proportion to the 53979
state's and the school district's respective shares of that basic 53980
project cost as determined under section 3318.032 of the Revised 53981
Code.53982

       Sec. 3318.41. (A)(1) The Ohio school facilities commission 53983
annually shall assess the classroom facilities needs of the number 53984
of joint vocational school districts that the commission 53985
reasonably expects to be able to provide assistance to in a fiscal 53986
year, based on the amount set aside for that fiscal year under 53987
division (B) of section 3318.40 of the Revised Code and the order 53988
of priority prescribed in division (B) of section 3318.42 of the 53989
Revised Code, except that in fiscal year 2004 the commission shall 53990
conduct at least the five assessments prescribed in division (E) 53991
of section 3318.40 of the Revised Code.53992

       Upon conducting an assessment of the classroom facilities 53993
needs of a school district, the commission shall make a 53994
determination of all of the following:53995

        (a) The number of classroom facilities to be included in a 53996
project and the basic project cost of acquiring the classroom 53997
facilities included in the project. The number of facilities and 53998
basic project cost shall be determined in accordance with the 53999
specifications adopted under section 3318.311 of the Revised Code 54000
except to the extent that compliance with such specifications is 54001
waived by the commission pursuant to the rule of the commission 54002
adopted under division (F) of section 3318.40 of the Revised Code.54003

        (b) The school district's portion of the basic project cost 54004
as determined under division (C) of section 3318.42 of the Revised 54005
Code;54006

        (c) The remaining portion of the basic project cost that 54007
shall be supplied by the state;54008

        (d) The amount of the state's portion of the basic project 54009
cost to be encumbered in accordance with section 3318.11 of the 54010
Revised Code in the current and subsequent fiscal years from funds 54011
set aside under division (B) of section 3318.40 of the Revised 54012
Code.54013

        (2) Divisions (A), (C), and (D) of section 3318.03 of the 54014
Revised Code apply to any project under sections 3318.40 to 54015
3318.45 of the Revised Code.54016

        (B)(1) If the commission makes a determination under division 54017
(A) of this section in favor of the acquisition of classroom 54018
facilities for a project under sections 3318.40 to 3318.45 of the 54019
Revised Code, such project shall be conditionally approved. Such 54020
conditional approval shall be submitted to the controlling board 54021
for approval. The controlling board shall immediately approve or 54022
reject the commission's determination, conditional approval, the 54023
amount of the state's portion of the basic project cost, and the 54024
amount of the state's portion of the basic project cost to be 54025
encumbered in the current fiscal year. In the event of approval by 54026
the controlling board, the commission shall certify the 54027
conditional approval to the joint vocational school district board 54028
of education and shall encumber the approved funds for the current 54029
fiscal year.54030

        (2) No school district that receives assistance under 54031
sections 3318.40 to 3318.45 of the Revised Code shall have another 54032
such project conditionally approved until the expiration of twenty 54033
years after the school district's prior project was conditionally 54034
approved, unless the school district board demonstrates to the 54035
satisfaction of the commission that the school district has 54036
experienced since conditional approval of its prior project an 54037
exceptional increase in enrollment or program requirements 54038
significantly above the school district's design capacity under 54039
that prior project as determined by rule of the commission. Any 54040
rule adopted by the commission to implement this division shall be 54041
tailored to address the classroom facilities needs of joint 54042
vocational school districts.54043

        (C) In addition to generating the amount of the school 54044
district's portion of the basic project cost as determined under 54045
division (C) of section 3318.42 of the Revised Code, in order for 54046
a school district to receive assistance under sections 3318.40 to 54047
3318.45 of the Revised Code, the school district board shall set 54048
aside school district moneys for the maintenance of the classroom 54049
facilities included in the school district's project in the amount 54050
and manner prescribed in section 3318.43 of the Revised Code.54051

        (D)(1) The conditional approval for a project certified under 54052
division (B)(1) of this section shall lapse and the amount 54053
reserved and encumbered for such project shall be released unless 54054
both of the following conditions are satisfied:54055

        (a) Within one hundred twenty days following the date of 54056
certification of the conditional approval to the joint vocational 54057
school district board, the school district board accepts the 54058
conditional approval and certifies to the commission the school 54059
district board's plan to generate the school district's portion of 54060
the basic project cost, as determined under division (C) of 54061
section 3318.42 of the Revised Code, and to set aside moneys for 54062
maintenance of the classroom facilities acquired under the 54063
project, as prescribed in section 3318.43 of the Revised Code.54064

        (b) Within one yearthirteen months following the date of 54065
certification of the conditional approval to the school district 54066
board, the electors of the school district vote favorably on any 54067
ballot measures proposed by the school district board to generate 54068
the school district's portion of the basic project cost.54069

        (2) If the school district board or electors fail to satisfy 54070
the conditions prescribed in division (D)(1) of this section and 54071
the amount reserved and encumbered for the school district's 54072
project is released, the school district shall be given first 54073
priority over other joint vocational school districts for project 54074
funding under sections 3318.40 to 3318.45 of the Revised Code as 54075
such funds become available, subject to section 3318.054 of the 54076
Revised Code.54077

        (E) If the conditions prescribed in division (D)(1) of this 54078
section are satisfied, the commission and the school district 54079
board shall enter into an agreement as prescribed in section 54080
3318.08 of the Revised Code and shall proceed with the development 54081
of plans, cost estimates, designs, drawings, and specifications as 54082
prescribed in section 3318.091 of the Revised Code.54083

        (F) Costs in excess of those approved by the commission under 54084
section 3318.091 of the Revised Code shall be payable only as 54085
provided in sections 3318.042 and 3318.083 of the Revised Code.54086

        (G) Advertisement for bids and the award of contracts for 54087
construction of any project under sections 3318.40 to 3318.45 of 54088
the Revised Code shall be conducted in accordance with section 54089
3318.10 of the Revised Code.54090

        (H) TheIn accordance with division (R) of section 3318.08 of 54091
the Revised Code, the state funds reserved and encumbered and the 54092
funds provided by the school district to pay the basic project 54093
cost of a project under sections 3318.40 to 3318.45 of the Revised 54094
Code shall be spent simultaneously in proportion to the state's 54095
and the school district's respective portions of that basic 54096
project cost.54097

        (I) Sections 3318.13, 3318.14, and 3318.16 of the Revised 54098
Code apply to projects under sections 3318.40 to 3318.45 of the 54099
Revised Code.54100

       Sec. 3318.48. (A) When all of the following have occurred, a 54101
project undertaken by a school district pursuant to this chapter 54102
shall be considered complete and the Ohio school facilities 54103
commission shall issue a certificate of completion to the district 54104
board of education:54105

       (1) All facilities to be constructed under the project, as 54106
specified in the project agreement entered into under section 54107
3318.08 of the Revised Code, have been completed and the board has 54108
received a permanent certificate of occupancy for each of those 54109
facilities.54110

       (2) The commission has issued certificates of contract 54111
completion on all prime construction contracts entered into by the 54112
board under section 3318.10 of the Revised Code.54113

       (3) The commission has completed a final accounting of the 54114
district's project construction fund and has determined that all 54115
payments from the fund were made in compliance with all policies 54116
of the commission.54117

       (4) Any litigation concerning the project has been finally 54118
resolved with no chance of appeal.54119

       (5) All construction management services typically provided 54120
by the commission to school districts have been delivered and the 54121
commission has canceled any remaining encumbrance of funds for 54122
those services.54123

       (B) The commission may issue a certificate of completion to a 54124
district board prior to all of the conditions described in 54125
division (A) of this section being satisfied, if the commission 54126
determines that the circumstances preventing the conditions from 54127
being satisfied are so minor in nature that the project should be 54128
considered complete. When issuing a certificate of completion 54129
under this division, the commission may specify any of the 54130
following:54131

       (1) Any construction or work that has yet to be completed and 54132
the manner in which the board shall oversee its completion, which 54133
may include procedures for reporting progress to the commission 54134
and for accounting of expenditures;54135

       (2) Terms and conditions for the resolution of any pending 54136
litigation;54137

       (3) Any remaining responsibilities of the construction 54138
manager regarding the project.54139

       (C) The commission may issue a certificate of completion to a 54140
district board that does not voluntarily participate in the 54141
process of closing out the district's project, if the construction 54142
manager for the project verifies that all facilities to be 54143
constructed under the project, as specified in the project 54144
agreement entered into under section 3318.08 of the Revised Code, 54145
have been completed and the commission determines that those 54146
facilities have been occupied for at least one year. In that case, 54147
all funds due to the commission under division (C) of section 54148
3318.12 of the Revised Code shall be returned to the commission 54149
not later than thirty days after receipt of the certificate of 54150
completion. If the funds due to the commission have not been 54151
returned within sixty days after receipt of the certificate of 54152
completion, the auditor of state shall issue a finding for 54153
recovery against the school district and shall request legal 54154
action under section 117.42 of the Revised Code.54155

       (D) Upon issuance of a certificate of completion under this 54156
section, the commission's ownership of and interest in the 54157
project, as specified in division (F) of section 3318.08 of the 54158
Revised Code, shall cease. This cessation shall not alter or 54159
otherwise affect the state's or commission's interest in the 54160
project or any limitations on the use of the project as specified 54161
in the project agreement pursuant to divisions (G), (M), and (N) 54162
of that section or as specified in section 3318.16 of the Revised 54163
Code.54164

       Sec. 3318.60. (A) As used in this section:54165

        (1) "Acquisition of classroom facilities" means constructing, 54166
reconstructing, repairing, or making additions to classroom 54167
facilities.54168

        (2) "Ohio school facilities commission" and "classroom 54169
facilities" have the same meanings as in section 3318.01 of the 54170
Revised Code.54171

        (B) There is hereby established the college-preparatory 54172
boarding school facilities program. Under the program, the Ohio 54173
school facilities commission shall provide assistance to the 54174
boards of trustees of college-preparatory boarding schools 54175
established under Chapter 3328. of the Revised Code for the 54176
acquisition of classroom facilities.54177

        (C) To be eligible for assistance under this program, a board 54178
of trustees shall secure at least twenty million dollars of 54179
private money to satisfy its share of facilities acquisition. A 54180
board of trustees that receives assistance under the program shall 54181
fund the acquisition of residential facilities and any other 54182
facilities other than classroom facilities through private means.54183

        (D) The lease payments made by the boards of trustees of 54184
college-preparatory boarding schools receiving assistance under 54185
the program shall be deposited into the state treasury and 54186
credited to the common schools capital facilities bond service 54187
fund created in section 151.03 of the Revised Code.54188

        (E) The acquisition of classroom facilities with assistance 54189
provided under the program shall not be subject to sections 54190
3318.01 to 3318.20 of the Revised Code.54191

        (F) Within the ninety-day period immediately following the 54192
effective date of this section, the commission shall adopt rules 54193
necessary for the implementation and administration of the 54194
program.54195

       Sec. 3319.02.  (A)(1) As used in this section, "other 54196
administrator" means any of the following:54197

       (a) Except as provided in division (A)(2) of this section, 54198
any employee in a position for which a board of education requires 54199
a license designated by rule of the department of education for 54200
being an administrator issued under section 3319.22 of the Revised 54201
Code, including a professional pupil services employee or 54202
administrative specialist or an equivalent of either one who is 54203
not employed as a school counselor and spends less than fifty per 54204
cent of the time employed teaching or working with students;54205

       (b) Any nonlicensed employee whose job duties enable such 54206
employee to be considered as either a "supervisor" or a 54207
"management level employee," as defined in section 4117.01 of the 54208
Revised Code;54209

       (c) A business manager appointed under section 3319.03 of the 54210
Revised Code.54211

       (2) As used in this section, "other administrator" does not 54212
include a superintendent, assistant superintendent, principal, or 54213
assistant principal.54214

       (B) The board of education of each school district and the 54215
governing board of an educational service center may appoint one 54216
or more assistant superintendents and such other administrators as 54217
are necessary. An assistant educational service center 54218
superintendent or service center supervisor employed on a 54219
part-time basis may also be employed by a local board as a 54220
teacher. The board of each city, exempted village, and local 54221
school district shall employ principals for all high schools and 54222
for such other schools as the board designates, and those boards 54223
may appoint assistant principals for any school that they 54224
designate.54225

       (C) In educational service centers and in city, exempted 54226
village, and local school districts, assistant superintendents, 54227
principals, assistant principals, and other administrators shall 54228
only be employed or reemployed in accordance with nominations of 54229
the superintendent, except that a board of education of a school 54230
district or the governing board of a service center, by a 54231
three-fourths vote of its full membership, may reemploy any 54232
assistant superintendent, principal, assistant principal, or other 54233
administrator whom the superintendent refuses to nominate. 54234

       The board of education or governing board shall execute a 54235
written contract of employment with each assistant superintendent, 54236
principal, assistant principal, and other administrator it employs 54237
or reemploys. The term of such contract shall not exceed three 54238
years except that in the case of a person who has been employed as 54239
an assistant superintendent, principal, assistant principal, or 54240
other administrator in the district or center for three years or 54241
more, the term of the contract shall be for not more than five 54242
years and, unless the superintendent of the district recommends 54243
otherwise, not less than two years. If the superintendent so 54244
recommends, the term of the contract of a person who has been 54245
employed by the district or service center as an assistant 54246
superintendent, principal, assistant principal, or other 54247
administrator for three years or more may be one year, but all 54248
subsequent contracts granted such person shall be for a term of 54249
not less than two years and not more than five years. When a 54250
teacher with continuing service status becomes an assistant 54251
superintendent, principal, assistant principal, or other 54252
administrator with the district or service center with which the 54253
teacher holds continuing service status, the teacher retains such 54254
status in the teacher's nonadministrative position as provided in 54255
sections 3319.08 and 3319.09 of the Revised Code.54256

       A board of education or governing board may reemploy an 54257
assistant superintendent, principal, assistant principal, or other 54258
administrator at any regular or special meeting held during the 54259
period beginning on the first day of January of the calendar year 54260
immediately preceding the year of expiration of the employment 54261
contract and ending on the last day of March of the year the 54262
employment contract expires.54263

       Except by mutual agreement of the parties thereto, no 54264
assistant superintendent, principal, assistant principal, or other 54265
administrator shall be transferred during the life of a contract 54266
to a position of lesser responsibility. No contract may be 54267
terminated by a board except pursuant to section 3319.16 of the 54268
Revised Code. No contract may be suspended except pursuant to 54269
section 3319.17 or 3319.171 of the Revised Code. The salaries and 54270
compensation prescribed by such contracts shall not be reduced by 54271
a board unless such reduction is a part of a uniform plan 54272
affecting the entire district or center. The contract shall 54273
specify the employee's administrative position and duties as 54274
included in the job description adopted under division (D) of this 54275
section, the salary and other compensation to be paid for 54276
performance of duties, the number of days to be worked, the number 54277
of days of vacation leave, if any, and any paid holidays in the 54278
contractual year.54279

       An assistant superintendent, principal, assistant principal, 54280
or other administrator is, at the expiration of the current term 54281
of employment, deemed reemployed at the same salary plus any 54282
increments that may be authorized by the board, unless such 54283
employee notifies the board in writing to the contrary on or 54284
before the first day of June, or unless such board, on or before 54285
the last day of March of the year in which the contract of 54286
employment expires, either reemploys such employee for a 54287
succeeding term or gives written notice of its intention not to 54288
reemploy the employee. The term of reemployment of a person 54289
reemployed under this paragraph shall be one year, except that if 54290
such person has been employed by the school district or service 54291
center as an assistant superintendent, principal, assistant 54292
principal, or other administrator for three years or more, the 54293
term of reemployment shall be two years.54294

       (D)(1) Each board shall adopt procedures for the evaluation 54295
of all assistant superintendents, principals, assistant 54296
principals, and other administrators and shall evaluate such 54297
employees in accordance with those procedures. The procedures for 54298
the evaluation of principals shall be based on principles 54299
comparable to the teacher evaluation policy adopted by the board 54300
under section 3319.111 of the Revised Code, including the 54301
requirement for at least fifty per cent of each evaluation to be 54302
based on measures of student academic growth, but shall be 54303
tailored to the duties and responsibilities of principals and the 54304
environment in which principals work. An evaluation based upon 54305
such procedures adopted under this division shall be considered by 54306
the board in deciding whether to renew the contract of employment 54307
of an assistant superintendent, principal, assistant principal, or 54308
other administrator. In the case of a principal, the evaluation 54309
also shall be considered in making decisions about compensation, 54310
termination, reductions in force, and professional development.54311

       (2) The evaluation shall measure each assistant 54312
superintendent's, principal's, assistant principal's, and other 54313
administrator's effectiveness in performing the duties included in 54314
the job description and the evaluation procedures shall provide 54315
for, but not be limited to, the following:54316

       (a) Each assistant superintendent, principal, assistant 54317
principal, and other administrator shall be evaluated annually 54318
through a written evaluation process.54319

       (b) The evaluation shall be conducted by the superintendent 54320
or designee.54321

       (c) In order to provide time to show progress in correcting 54322
the deficiencies identified in the evaluation process, the 54323
evaluation process shall be completed as follows:54324

       (i) In any school year that the employee's contract of 54325
employment is not due to expire, at least one evaluation shall be 54326
completed in that year. A written copy of the evaluation shall be 54327
provided to the employee no later than the end of the employee's 54328
contract year as defined by the employee's annual salary notice.54329

       (ii) In any school year that the employee's contract of 54330
employment is due to expire, at least a preliminary evaluation and 54331
at least a final evaluation shall be completed in that year. A 54332
written copy of the preliminary evaluation shall be provided to 54333
the employee at least sixty days prior to any action by the board 54334
on the employee's contract of employment. The final evaluation 54335
shall indicate the superintendent's intended recommendation to the 54336
board regarding a contract of employment for the employee. A 54337
written copy of the evaluation shall be provided to the employee 54338
at least five days prior to the board's acting to renew or not 54339
renew the contract.54340

       (3) Termination of an assistant superintendent, principal, 54341
assistant principal, or other administrator's contract shall be 54342
pursuant to section 3319.16 of the Revised Code. Suspension of any 54343
such employee shall be pursuant to section 3319.17 or 3319.171 of 54344
the Revised Code.54345

       (4) Before taking action to renew or nonrenew the contract of 54346
an assistant superintendent, principal, assistant principal, or 54347
other administrator under this section and prior to the last day 54348
of March of the year in which such employee's contract expires, 54349
the board shall notify each such employee of the date that the 54350
contract expires and that the employee may request a meeting with 54351
the board. Upon request by such an employee, the board shall grant 54352
the employee a meeting in executive session. In that meeting, the 54353
board shall discuss its reasons for considering renewal or 54354
nonrenewal of the contract. The employee shall be permitted to 54355
have a representative, chosen by the employee, present at the 54356
meeting.54357

       (5) The establishment of an evaluation procedure shall not 54358
create an expectancy of continued employment. Nothing in division 54359
(D) of this section shall prevent a board from making the final 54360
determination regarding the renewal or nonrenewal of the contract 54361
of any assistant superintendent, principal, assistant principal, 54362
or other administrator. However, if a board fails to provide 54363
evaluations pursuant to division (D)(2)(c)(i) or (ii) of this 54364
section, or if the board fails to provide at the request of the 54365
employee a meeting as prescribed in division (D)(4) of this 54366
section, the employee automatically shall be reemployed at the 54367
same salary plus any increments that may be authorized by the 54368
board for a period of one year, except that if the employee has 54369
been employed by the district or service center as an assistant 54370
superintendent, principal, assistant principal, or other 54371
administrator for three years or more, the period of reemployment 54372
shall be for two years.54373

       (E) On nomination of the superintendent of a service center a 54374
governing board may employ supervisors who shall be employed under 54375
written contracts of employment for terms not to exceed five years 54376
each. Such contracts may be terminated by a governing board 54377
pursuant to section 3319.16 of the Revised Code. Any supervisor 54378
employed pursuant to this division may terminate the contract of 54379
employment at the end of any school year after giving the board at 54380
least thirty days' written notice prior to such termination. On 54381
the recommendation of the superintendent the contract or contracts 54382
of any supervisor employed pursuant to this division may be 54383
suspended for the remainder of the term of any such contract 54384
pursuant to section 3319.17 or 3319.171 of the Revised Code.54385

       (F) A board may establish vacation leave for any individuals 54386
employed under this section. Upon such an individual's separation 54387
from employment, a board that has such leave may compensate such 54388
an individual at the individual's current rate of pay for all 54389
lawfully accrued and unused vacation leave credited at the time of 54390
separation, not to exceed the amount accrued within three years 54391
before the date of separation. In case of the death of an 54392
individual employed under this section, such unused vacation leave 54393
as the board would have paid to the individual upon separation 54394
under this section shall be paid in accordance with section 54395
2113.04 of the Revised Code, or to the estate.54396

       (G) The board of education of any school district may 54397
contract with the governing board of the educational service 54398
center from which it otherwise receives services to conduct 54399
searches and recruitment of candidates for assistant 54400
superintendent, principal, assistant principal, and other 54401
administrator positions authorized under this section.54402

       Sec. 3319.08.  (A) The board of education of each city, 54403
exempted village, local, and joint vocational school district and 54404
the governing board of each educational service center shall enter 54405
into written contracts for the employment and reemployment of all 54406
teachers. Contracts for the employment of teachers shall be of two 54407
types, limited contracts and continuing contracts. The board of 54408
each school district or service center that authorizes 54409
compensation in addition to the base salary stated in the 54410
teachers' salary schedulepaid under section 3317.14 or 3317.141 54411
of the Revised Code for the performance of duties by a teacher 54412
that are in addition to the teacher's regular teaching duties, 54413
shall enter into a supplemental written contract with each teacher 54414
who is to perform additional duties. Such supplemental written 54415
contracts shall be limited contracts. Such written contracts and 54416
supplemental written contracts shall set forth the teacher's 54417
duties and shall specify the salaries and compensation to be paid 54418
for regular teaching duties and additional teaching duties, 54419
respectively, either or both of which may be increased but not 54420
diminished during the term for which the contract is made, except 54421
as provided in section 3319.12 of the Revised Code.54422

       If a board adopts a motion or resolution to employ a teacher 54423
under a limited or continuing contract and the teacher accepts 54424
such employment, the failure of such parties to execute a written 54425
contract shall not void such employment contract.54426

       (B) Teachers must be paid for all time lost when the schools 54427
in which they are employed are closed due to an epidemic or other 54428
public calamity, and for time lost due to illness or otherwise for 54429
not less than five days annually as authorized by regulations 54430
which each board shall adopt.54431

       (C) A limited contract is:54432

       (1) For a superintendent, a contract for such term as 54433
authorized by section 3319.01 of the Revised Code;54434

       (2) For an assistant superintendent, principal, assistant 54435
principal, or other administrator, a contract for such term as 54436
authorized by section 3319.02 of the Revised Code;54437

       (3) For a classroom teacher, a contract for a term not to 54438
exceed the following:54439

       (a) Five years, in the case of a contract entered into prior 54440
to the effective date of this amendment;54441

       (b) A term as authorized in division (D) of this section, in 54442
the case of a contract entered into on or after the effective date 54443
of this amendment.54444

       (4) For all other teachers, a contract for a term not to 54445
exceed five years.54446

       (D) The term of an initial limited contract for a classroom 54447
teacher described in division (C)(3)(b) of this section shall not 54448
exceed three years. Any subsequent limited contract entered into 54449
with that classroom teacher shall be for a term of not less than 54450
two years and not more than five years.54451

       (E) A continuing contract is a contract that remains in 54452
effect until the teacher resigns, elects to retire, or is retired 54453
pursuant to former section 3307.37 of the Revised Code, or becomes 54454
subject to division (F) of section 3319.111 of the Revised Code,54455
or until it is terminated or suspended and shall be granted only 54456
to the following:54457

       (1) Any teacher holding a professional, permanent, or life 54458
teacher's certificate;54459

       (2) Any teacher who meetsmet the following conditions prior 54460
to the effective date of this amendment:54461

       (a) The teacher was initially issued a teacher's certificate 54462
or educator license prior to January 1, 2011.54463

       (b) The teacher holdsheld a professional educator license 54464
issued under section 3319.22 or 3319.222 or former section 3319.22 54465
of the Revised Code or a senior professional educator license or 54466
lead professional educator license issued under section 3319.22 of 54467
the Revised Code.54468

       (c) The teacher hashad completed the applicable one of the 54469
following:54470

       (i) If the teacher did not hold a master's degree at the time 54471
of initially receiving a teacher's certificate under former law or 54472
an educator license, thirty semester hours of coursework in the 54473
area of licensure or in an area related to the teaching field 54474
since the initial issuance of such certificate or license, as 54475
specified in rules which the state board of education shall adopt;54476

       (ii) If the teacher held a master's degree at the time of 54477
initially receiving a teacher's certificate under former law or an 54478
educator license, six semester hours of graduate coursework in the 54479
area of licensure or in an area related to the teaching field 54480
since the initial issuance of such certificate or license, as 54481
specified in rules which the state board shall adopt.54482

       (3) Any teacher who meets the following conditions:54483

       (a) The teacher never held a teacher's certificate and was 54484
initially issued an educator license on or after January 1, 2011.54485

       (b) The teacher holds a professional educator license, senior 54486
professional educator license, or lead professional educator 54487
license issued under section 3319.22 of the Revised Code.54488

       (c) The teacher has held an educator license for at least 54489
seven years.54490

       (d) The teacher has completed the applicable one of the 54491
following:54492

       (i) If the teacher did not hold a master's degree at the time 54493
of initially receiving an educator license, thirty semester hours 54494
of coursework in the area of licensure or in an area related to 54495
the teaching field since the initial issuance of that license, as 54496
specified in rules which the state board shall adopt;54497

       (ii) If the teacher held a master's degree at the time of 54498
initially receiving an educator license, six semester hours of 54499
graduate coursework in the area of licensure or in an area related 54500
to the teaching field since the initial issuance of that license, 54501
as specified in rules which the state board shall adopt.54502

       (E)(F) Division (D)(E) of this section applies only to 54503
continuing contracts entered into on or after the effective date 54504
of this amendmentthe effective date of the amendment of this 54505
section by H.B. 153 of the 129th general assembly. Nothing in that 54506
division shall be construed to void or otherwise affect a 54507
continuing contract entered into prior to that date.54508

       Notwithstanding any provision to the contrary in Chapter 54509
4117. of the Revised Code, the:54510

       (1) The requirements of division (D)(E)(3) of this section, 54511
as it existed prior to the effective date of this amendment,54512
prevail over any conflicting provisions of a collective bargaining 54513
agreement entered into on or after the effective date of this 54514
amendmentbetween October 16, 2009, and that effective date.54515

       (2) The requirements of division (E) of this section, as it 54516
exists on and after the effective date of this amendment, prevail 54517
over any conflicting provisions of a collective bargaining 54518
agreement entered into on or after that effective date.54519

       (F)(G) Wherever the term "educator license" is used in this 54520
section without reference to a specific type of educator license, 54521
the term does not include an educator license for substitute 54522
teaching issued under section 3319.226 of the Revised Code.54523

       Sec. 3319.088.  As used in this section, "educational 54524
assistant" means any nonteaching employee in a school district who 54525
directly assists a teacher as defined in section 3319.09 of the 54526
Revised Code, by performing duties for which a license issued 54527
pursuant to sections 3319.22 to 3319.30 of the Revised Code is not 54528
required.54529

       (A) The state board of education shall issue educational aide 54530
permits and educational paraprofessional licenses for educational 54531
assistants and shall adopt rules for the issuance and renewal of 54532
such permits and licenses which shall be consistent with the 54533
provisions of this section. Educational aide permits and 54534
educational paraprofessional licenses may be of several types and 54535
the rules shall prescribe the minimum qualifications of education, 54536
health, and character for the service to be authorized under each 54537
type. The prescribed minimum qualifications may require special 54538
training or educational courses designed to qualify a person to 54539
perform effectively the duties authorized under an educational 54540
aide permit or educational paraprofessional license.54541

       (B)(1) Any application for a permit or license, or a renewal 54542
or duplicate of a permit or license, under this section shall be 54543
accompanied by the payment of a fee in the amount established 54544
under division (A) of section 3319.51 of the Revised Code. Any 54545
fees received under this division shall be paid into the state 54546
treasury to the credit of the state board of education licensure 54547
fund established under division (B) of section 3319.51 of the 54548
Revised Code.54549

       (2) Any person applying for or holding a permit or license 54550
pursuant to this section is subject to sections 3123.41 to 3123.50 54551
of the Revised Code and any applicable rules adopted under section 54552
3123.63 of the Revised Code and sections 3319.31 and 3319.311 of 54553
the Revised Code.54554

       (C) Educational assistants shall at all times while in the 54555
performance of their duties be under the supervision and direction 54556
of a teacher as defined in section 3319.09 of the Revised Code. 54557
Educational assistants may assist a teacher to whom assigned in 54558
the supervision of pupils, in assisting with instructional tasks, 54559
and in the performance of duties which, in the judgment of the 54560
teacher to whom the assistant is assigned, may be performed by a 54561
person not licensed pursuant to sections 3319.22 to 3319.30 of the 54562
Revised Code and for which a teaching license, issued pursuant to 54563
sections 3319.22 to 3319.30 of the Revised Code is not required. 54564
The duties of an educational assistant shall not include the 54565
assignment of grades to pupils. The duties of an educational 54566
assistant need not be performed in the physical presence of the 54567
teacher to whom assigned, but the activity of an educational 54568
assistant shall at all times be under the direction of the teacher 54569
to whom assigned. The assignment of an educational assistant need 54570
not be limited to assisting a single teacher. In the event an 54571
educational assistant is assigned to assist more than one teacher 54572
the assignments shall be clearly delineated and so arranged that 54573
the educational assistant shall never be subject to simultaneous 54574
supervision or direction by more than one teacher.54575

       Educational assistants assigned to supervise children shall, 54576
when the teacher to whom assigned is not physically present, 54577
maintain the degree of control and discipline that would be 54578
maintained by the teacher.54579

        Educational assistants may not be used in place of classroom 54580
teachers or other employees and any payment of compensation by 54581
boards of education to educational assistants for such services is 54582
prohibited. The ratio between the number of licensed teachers and 54583
the pupils in a school district may not be decreased by 54584
utilization of educational assistants and no grouping, or other 54585
organization of pupils, for utilization of educational assistants 54586
shall be established which is inconsistent with sound educational 54587
practices and procedures. A school district may employ up to one 54588
full time equivalent educational assistant for each six full time 54589
equivalent licensed employees of the district. Educational 54590
assistants shall not be counted as licensed employees for purposes 54591
of state support in the school foundation program and no grouping 54592
or regrouping of pupils with educational assistants may be counted 54593
as a class or unit for school foundation program purposes. Neither 54594
special courses required by the regulations of the state board of 54595
education, prescribing minimum qualifications of education for an 54596
educational assistant, nor years of service as an educational 54597
assistant shall be counted in any way toward qualifying for a 54598
teacher license,or for a teacher contract of any type, or for 54599
determining placement on a salary schedule in a school district as 54600
a teacher.54601

       (D) Educational assistants employed by a board of education 54602
shall have all rights, benefits, and legal protection available to 54603
other nonteaching employees in the school district, except that 54604
provisions of Chapter 124. of the Revised Code shall not apply to 54605
any person employed as an educational assistant, and shall be 54606
members of the school employees retirement system. Educational 54607
assistants shall be compensated according to a salary plan adopted 54608
annually by the board.54609

       Except as provided in this section nonteaching employees 54610
shall not serve as educational assistants without first obtaining 54611
an appropriate educational aide permit or educational 54612
paraprofessional license from the state board of education. A 54613
nonteaching employee who is the holder of a valid educational aide 54614
permit or educational paraprofessional license shall neither 54615
render nor be required to render services inconsistent with the 54616
type of services authorized by the permit or license held. No 54617
person shall receive compensation from a board of education for 54618
services rendered as an educational assistant in violation of this 54619
provision.54620

       Nonteaching employees whose functions are solely 54621
secretarial-clerical and who do not perform any other duties as 54622
educational assistants, even though they assist a teacher and work 54623
under the direction of a teacher shall not be required to hold a 54624
permit or license issued pursuant to this section. Students 54625
preparing to become licensed teachers or educational assistants 54626
shall not be required to hold an educational aide permit or 54627
paraprofessional license for such periods of time as such students 54628
are assigned, as part of their training program, to work with a 54629
teacher in a school district. Such students shall not be 54630
compensated for such services.54631

       Following the determination of the assignment and general job 54632
description of an educational assistant and subject to supervision 54633
by the teacher's immediate administrative officer, a teacher to 54634
whom an educational assistant is assigned shall make all final 54635
determinations of the duties to be assigned to such assistant. 54636
Teachers shall not be required to hold a license designated for 54637
being a supervisor or administrator in order to perform the 54638
necessary supervision of educational assistants.54639

       (E) No person who is, or who has been employed as an 54640
educational assistant shall divulge, except to the teacher to whom 54641
assigned, or the administrator of the school in the absence of the 54642
teacher to whom assigned, or when required to testify in a court 54643
or proceedings, any personal information concerning any pupil in 54644
the school district which was obtained or obtainable by the 54645
educational assistant while so employed. Violation of this 54646
provision is grounds for disciplinary action or dismissal, or 54647
both.54648

       Sec. 3319.11.  (A) As used in this section:54649

       (1) "Evaluation procedures" means the procedures required by 54650
the policy adopted pursuant to division (B)(A) of section 3319.111 54651
of the Revised Code.54652

       (2) "Limited contract" means a limited contract, as described 54653
in section 3319.08 of the Revised Code, that a school district 54654
board of education or governing board of an educational service 54655
center enters into with a teacher who is not eligible for 54656
continuing service status.54657

       (3) "Extended limited contract" means a limited contract, as 54658
described in section 3319.08 of the Revised Code, that a board of 54659
education or governing board enters into with a teacher who is 54660
eligible for continuing service status.54661

       (B) Teachers eligible for continuing service status in any 54662
city, exempted village, local, or joint vocational school district 54663
or educational service center shall be those teachers qualified as 54664
described in division (D)(E) of section 3319.08 of the Revised 54665
Code, who within the last five years prior to the effective date 54666
of this amendment have taught for at least three years in the 54667
district or center, and those teachers who, having attained 54668
continuing contract status elsewhere, have served two years in the 54669
district or center, but the board, upon the recommendation of the 54670
superintendent, may at the time of employment or at any time 54671
within such two-year period, declare any of the latter teachers 54672
eligible. Notwithstanding any provision to the contrary in Chapter 54673
4117. of the Revised Code, the requirements of this paragraph 54674
prevail over any conflicting provisions of a collective bargaining 54675
agreement entered into on or after the effective date of this 54676
amendment.54677

       (1) Upon the recommendation of the superintendent that a 54678
teacher eligible for continuing service status be reemployed, a 54679
continuing contract shall be entered into between the board and 54680
the teacher unless the board by a three-fourths vote of its full 54681
membership rejects the recommendation of the superintendent. If 54682
the board rejects by a three-fourths vote of its full membership 54683
the recommendation of the superintendent that a teacher eligible 54684
for continuing service status be reemployed and the superintendent 54685
makes no recommendation to the board pursuant to division (C) of 54686
this section, the board may declare its intention not to reemploy 54687
the teacher by giving the teacher written notice on or before the 54688
thirtieth day of April of its intention not to reemploy the 54689
teacher. If evaluation procedures have not been complied with 54690
pursuant to division (A) of section 3319.111 of the Revised Code 54691
or the board does not give the teacher written notice on or before 54692
the thirtieth day of April of its intention not to reemploy the 54693
teacher, the teacher is deemed reemployed under an extended 54694
limited contract for a term not to exceed one yearof two years at 54695
the same salary plus any increment provided by the salary 54696
schedule. The teacher is presumed to have accepted employment 54697
under the extended limited contract for a term not to exceed one 54698
yearof two years unless such teacher notifies the board in 54699
writing to the contrary on or before the first day of June, and an 54700
extended limited contract for a term not to exceed one yearof 54701
two years shall be executed accordingly. Upon any subsequent 54702
reemployment of the teacher only a continuing contract may be 54703
entered into.54704

       (2) If the superintendent recommends that a teacher eligible 54705
for continuing service status not be reemployed, the board may 54706
declare its intention not to reemploy the teacher by giving the 54707
teacher written notice on or before the thirtieth day of April of 54708
its intention not to reemploy the teacher. If evaluation 54709
procedures have not been complied with pursuant to division (A) of54710
section 3319.111 of the Revised Code or the board does not give 54711
the teacher written notice on or before the thirtieth day of April 54712
of its intention not to reemploy the teacher, the teacher is 54713
deemed reemployed under an extended limited contract for a term 54714
not to exceed one yearof two years at the same salary plus any 54715
increment provided by the salary schedule. The teacher is presumed 54716
to have accepted employment under the extended limited contract 54717
for a term not to exceed one yearof two years unless such 54718
teacher notifies the board in writing to the contrary on or before 54719
the first day of June, and an extended limited contract for a term 54720
not to exceed one yearof two years shall be executed accordingly. 54721
Upon any subsequent reemployment of a teacher only a continuing 54722
contract may be entered into.54723

       (3) Any teacher receiving written notice of the intention of 54724
a board not to reemploy such teacher pursuant to this division is 54725
entitled to the hearing provisions of division (G) of this 54726
section.54727

       (C)(1) If a board rejects the recommendation of the 54728
superintendent for reemployment of a teacher pursuant to division 54729
(B)(1) of this section, the superintendent may recommend 54730
reemployment of the teacher, if continuing service status has not 54731
previously been attained elsewhere, under an extended limited 54732
contract for a term not to exceedof two years, provided that 54733
written notice of the superintendent's intention to make such 54734
recommendation has been given to the teacher with reasons directed 54735
at the professional improvement of the teacher on or before the 54736
thirtieth day of April. Upon subsequent reemployment of the 54737
teacher only a continuing contract may be entered into.54738

       (2) If a board of education takes affirmative action on a 54739
superintendent's recommendation, made pursuant to division (C)(1) 54740
of this section, of an extended limited contract for a term not to 54741
exceed two years but the board does not give the teacher written 54742
notice of its affirmative action on the superintendent's 54743
recommendation of an extended limited contract on or before the 54744
thirtieth day of April, the teacher is deemed reemployed under a 54745
continuing contract at the same salary plus any increment provided 54746
by the salary schedule. The teacher is presumed to have accepted 54747
employment under such continuing contract unless such teacher 54748
notifies the board in writing to the contrary on or before the 54749
first day of June, and a continuing contract shall be executed 54750
accordingly.54751

       (3) A board shall not reject a superintendent's 54752
recommendation, made pursuant to division (C)(1) of this section, 54753
of an extended limited contract for a term not to exceed two years54754
except by a three-fourths vote of its full membership. If a board 54755
rejects by a three-fourths vote of its full membership the 54756
recommendation of the superintendent of an extended limited 54757
contract for a term not to exceed two years, the board may declare 54758
its intention not to reemploy the teacher by giving the teacher 54759
written notice on or before the thirtieth day of April of its 54760
intention not to reemploy the teacher. If evaluation procedures 54761
have not been complied with pursuant to division (A) of section 54762
3319.111 of the Revised Code or if the board does not give the 54763
teacher written notice on or before the thirtieth day of April of 54764
its intention not to reemploy the teacher, the teacher is deemed 54765
reemployed under an extended limited contract for a term not to 54766
exceed one yearof two years at the same salary plus any increment 54767
provided by the salary schedule. The teacher is presumed to have 54768
accepted employment under the extended limited contract for a term 54769
not to exceed one yearof two years unless such teacher notifies 54770
the board in writing to the contrary on or before the first day of 54771
June, and an extended limited contract for a term not to exceed 54772
one yearof two years shall be executed accordingly. Upon any 54773
subsequent reemployment of the teacher only a continuing contract 54774
may be entered into.54775

       Any teacher receiving written notice of the intention of a 54776
board not to reemploy such teacher pursuant to this division is 54777
entitled to the hearing provisions of division (G) of this 54778
section.54779

       (D) A teacher eligible for continuing contract status 54780
employed under an extended limited contract pursuant to division 54781
(B) or (C) of this section, is, at the expiration of such extended 54782
limited contract, deemed reemployed under a continuing contract at 54783
the same salary plus any increment granted by the salary schedule, 54784
unless evaluation procedures have been complied with pursuant to 54785
division (A) of section 3319.111 of the Revised Code and the 54786
employing board, acting on the superintendent's recommendation 54787
that the teacher not be reemployed, gives the teacher written 54788
notice on or before the thirtieth day of April of its intention 54789
not to reemploy such teacher. A teacher who does not have 54790
evaluation procedures applied in compliance with division (A) of54791
section 3319.111 of the Revised Code or who does not receive 54792
notice on or before the thirtieth day of April of the intention of 54793
the board not to reemploy such teacher is presumed to have 54794
accepted employment under a continuing contract unless such 54795
teacher notifies the board in writing to the contrary on or before 54796
the first day of June, and a continuing contract shall be executed 54797
accordingly.54798

       Any teacher receiving a written notice of the intention of a 54799
board not to reemploy such teacher pursuant to this division is 54800
entitled to the hearing provisions of division (G) of this 54801
section.54802

       (E) AThe board shall enter into a limited contract may be 54803
entered into by each board with each teacher who has not been in 54804
the employ of the board for at least three years and shall be 54805
entered into, regardless of length of previous employment, with 54806
each teacher employed by the board who is not eligible to be 54807
considered for a continuing contract.54808

       Any teacher employed under a limited contract, and not 54809
eligible to be considered for a continuing contract, is, at the 54810
expiration of such limited contract, considered reemployed under 54811
the provisions of this division at the same salary plus any 54812
increment provided by the salary schedule unless evaluation 54813
procedures have been complied with pursuant to division (A) of54814
section 3319.111 of the Revised Code and the employing board, 54815
acting upon the superintendent's written recommendation that the 54816
teacher not be reemployed, gives such teacher written notice of 54817
its intention not to reemploy such teacher on or before the 54818
thirtieth day of April. A teacher who does not have evaluation 54819
procedures applied in compliance with division (A) of section 54820
3319.111 of the Revised Code or who does not receive notice of the 54821
intention of the board not to reemploy such teacher on or before 54822
the thirtieth day of April is presumed to have accepted such 54823
employment unless such teacher notifies the board in writing to 54824
the contrary on or before the first day of June, and a written 54825
contract for the succeeding school year shall be executed 54826
accordingly.54827

       Any teacher receiving a written notice of the intention of a 54828
board not to reemploy such teacher pursuant to this division is 54829
entitled to the hearing provisions of division (G) of this 54830
section.54831

       (F) The failure of a superintendent to make a recommendation 54832
to the board under any of the conditions set forth in divisions 54833
(B) to (E) of this section, or the failure of the board to give 54834
such teacher a written notice pursuant to divisions (C) to (E) of 54835
this section shall not prejudice or prevent a teacher from being 54836
deemed reemployed under either a limited or continuing contract as 54837
the case may be under the provisions of this section. A failure of 54838
the parties to execute a written contract shall not void any 54839
automatic reemployment provisions of this section.54840

       (G)(1) Any teacher receiving written notice of the intention 54841
of a board of education not to reemploy such teacher pursuant to 54842
division (B), (C)(3), (D), or (E) of this section may, within ten 54843
days of the date of receipt of the notice, file with the treasurer 54844
of the board a written demand for a written statement describing 54845
the circumstances that led to the board's intention not to 54846
reemploy the teacher.54847

       (2) The treasurer of a board, on behalf of the board, shall, 54848
within ten days of the date of receipt of a written demand for a 54849
written statement pursuant to division (G)(1) of this section, 54850
provide to the teacher a written statement describing the 54851
circumstances that led to the board's intention not to reemploy 54852
the teacher.54853

       (3) Any teacher receiving a written statement describing the 54854
circumstances that led to the board's intention not to reemploy 54855
the teacher pursuant to division (G)(2) of this section may, 54856
within five days of the date of receipt of the statement, file 54857
with the treasurer of the board a written demand for a hearing 54858
before the board pursuant to divisions (G)(4) to (6) of this 54859
section.54860

       (4) The treasurer of a board, on behalf of the board, shall, 54861
within ten days of the date of receipt of a written demand for a 54862
hearing pursuant to division (G)(3) of this section, provide to 54863
the teacher a written notice setting forth the time, date, and 54864
place of the hearing. The board shall schedule and conclude the 54865
hearing within forty days of the date on which the treasurer of 54866
the board receives a written demand for a hearing pursuant to 54867
division (G)(3) of this section.54868

       (5) Any hearing conducted pursuant to this division shall be 54869
conducted by a majority of the members of the board. The hearing 54870
shall be held in executive session of the board unless the board 54871
and the teacher agree to hold the hearing in public. The 54872
superintendent, assistant superintendent, the teacher, and any 54873
person designated by either party to take a record of the hearing 54874
may be present at the hearing. The board may be represented by 54875
counsel and the teacher may be represented by counsel or a 54876
designee. A record of the hearing may be taken by either party at 54877
the expense of the party taking the record.54878

       (6) Within ten days of the conclusion of a hearing conducted 54879
pursuant to this division, the board shall issue to the teacher a 54880
written decision containing an order affirming the intention of 54881
the board not to reemploy the teacher reported in the notice given 54882
to the teacher pursuant to division (B), (C)(3), (D), or (E) of 54883
this section or an order vacating the intention not to reemploy 54884
and expunging any record of the intention, notice of the 54885
intention, and the hearing conducted pursuant to this division.54886

       (7) A teacher may appeal an order affirming the intention of 54887
the board not to reemploy the teacher to the court of common pleas 54888
of the county in which the largest portion of the territory of the 54889
school district or service center is located, within thirty days 54890
of the date on which the teacher receives the written decision, on 54891
the grounds that the board has not complied with this section or 54892
section 3319.111 of the Revised Code.54893

       Notwithstanding section 2506.04 of the Revised Code, the 54894
court in an appeal under this division is limited to the 54895
determination of procedural errors and to ordering the correction 54896
of procedural errors and shall have no jurisdiction to order a 54897
board to reemploy a teacher, except that the court may order a 54898
board to reemploy a teacher in compliance with the requirements of 54899
division (B), (C)(3), (D), or (E) of this section when the court 54900
determines that evaluation procedures have not been complied with 54901
pursuant to division (A) of section 3319.111 of the Revised Code 54902
or the board has not given the teacher written notice on or before 54903
the thirtieth day of April of its intention not to reemploy the 54904
teacher pursuant to division (B), (C)(3), (D), or (E) of this 54905
section. Otherwise, the determination whether to reemploy or not 54906
reemploy a teacher is solely a board's determination and not a 54907
proper subject of judicial review and, except as provided in this 54908
division, no decision of a board whether to reemploy or not 54909
reemploy a teacher shall be invalidated by the court on any basis, 54910
including that the decision was not warranted by the results of 54911
any evaluation or was not warranted by any statement given 54912
pursuant to division (G)(2) of this section.54913

       No appeal of an order of a board may be made except as 54914
specified in this division.54915

       (H)(1) In giving a teacher any notice required by division 54916
(B), (C), (D), or (E) of this section, the board or the 54917
superintendent shall do either of the following:54918

       (a) Deliver the notice by personal service upon the teacher;54919

       (b) Deliver the notice by certified mail, return receipt 54920
requested, addressed to the teacher at the teacher's place of 54921
employment and deliver a copy of the notice by certified mail, 54922
return receipt requested, addressed to the teacher at the 54923
teacher's place of residence.54924

       (2) In giving a board any notice required by division (B), 54925
(C), (D), or (E) of this section, the teacher shall do either of 54926
the following:54927

       (a) Deliver the notice by personal delivery to the office of 54928
the superintendent during regular business hours;54929

       (b) Deliver the notice by certified mail, return receipt 54930
requested, addressed to the office of the superintendent and 54931
deliver a copy of the notice by certified mail, return receipt 54932
requested, addressed to the president of the board at the 54933
president's place of residence.54934

       (3) When any notice and copy of the notice are mailed 54935
pursuant to division (H)(1)(b) or (2)(b) of this section, the 54936
notice or copy of the notice with the earlier date of receipt 54937
shall constitute the notice for the purposes of division (B), (C), 54938
(D), or (E) of this section.54939

       (I) The provisions of this section shall not apply to any 54940
supplemental written contracts entered into pursuant to section 54941
3319.08 of the Revised Code.54942

       Sec. 3319.111.  (A) AnyNot later than July 1, 2012, the54943
board of education thatof each school district, in consultation 54944
with teachers employed by the board, shall adopt a policy for the 54945
evaluation of teachers that complies with this section. The board 54946
shall submit its policy to the superintendent of public 54947
instruction for approval prior to implementing the policy.54948

       The policy shall utilize the framework for evaluation of 54949
teachers developed under section 3319.112 of the Revised Code and 54950
shall specify the relative weight of each factor described in 54951
divisions (A)(1) to (3) of that section in the overall evaluation 54952
and how each of those factors will be assessed. The policy may 54953
require evaluations to include consideration of additional aspects 54954
of teacher performance designated by the board. The policy shall 54955
establish a teacher evaluation system that does the following:54956

       (1) Requires at least fifty per cent of each evaluation to be 54957
based on measures of student academic growth in accordance with 54958
division (B) of this section;54959

       (2) Is evidence-based and uses multiple measures of a 54960
teacher's use of knowledge and skills and of students' academic 54961
progress;54962

       (3) Is aligned with the standards for teachers adopted under 54963
section 3319.61 of the Revised Code;54964

       (4) Provides statements of expectation for professional 54965
performance and establishes specific criteria of expected job 54966
performance in the areas of responsibility assigned to the 54967
teacher;54968

       (5) Requires observation of the teacher being evaluated by 54969
the person conducting the evaluation on at least two occasions for 54970
not less than thirty minutes on each occasion;54971

       (6) Assigns evaluation ratings in accordance with the 54972
standards and criteria established under division (B)(1) of 54973
section 3319.112 of the Revised Code;54974

       (7) Requires that each teacher be provided with a written 54975
report of the results of the teacher's evaluation that includes 54976
specific recommendations for any improvements needed in the 54977
teacher's performance, suggestions for professional development 54978
that will enhance future performance in areas that do not meet 54979
expected performance levels, and information on how to obtain 54980
assistance in making needed improvements.54981

       (B) For the portion of a teacher's evaluation based on 54982
measures of student academic growth, the following shall apply:54983

       (1) When applicable to a teacher, those measures shall 54984
include student performance on the assessments prescribed under 54985
sections 3301.0710 and 3301.0712 of the Revised Code and the 54986
value-added progress dimension prescribed by section 3302.021 of 54987
the Revised Code. For teachers of grade levels and subjects for 54988
which those measures are not applicable, the board shall 54989
administer student assessments that measure mastery of the course 54990
content for the appropriate grade level, which may include 54991
nationally normed standardized assessments, industry certification 54992
examinations, end-of-course examinations developed or selected by 54993
the board, or assessments on the list developed under division 54994
(B)(3) of section 3319.112 of the Revised Code.54995

       (2) The board shall include growth data for students assigned 54996
to the teacher during the three most recent school years. If less 54997
than three years of growth data are available, the board shall use 54998
the growth data for all of the school years for which it is 54999
available and, notwithstanding division (A)(1) of this section and 55000
section 3319.112 of the Revised Code, may elect to reduce the 55001
portion of the teacher's evaluation based on student academic 55002
growth to forty per cent of the total evaluation.55003

       (C)(1) The board shall conduct an evaluation of each teacher 55004
employed by the board at least once each school year, unless 55005
division (C)(2) of this section applies. The evaluation shall be 55006
completed by the first day of April and the teacher shall receive 55007
a written report of the results of the evaluation by the tenth day 55008
of April.55009

       (2) If the board has entered into anya limited contract or 55010
extended limited contract with athe teacher pursuant to section 55011
3319.11 of the Revised Code, the board shall evaluate such athe55012
teacher in compliance with the requirements of this sectionat 55013
least twice in any school year in which the board may wish to 55014
declare its intention not to re-employ the teacher pursuant to 55015
division (B), (C)(3), (D), or (E) of that section 3319.11 of the 55016
Revised Code.55017

       This evaluation shall be conducted at least twice in the 55018
school year in which the board may wish to declare its intention 55019
not to re-employ the teacher. One evaluation shall be conducted 55020
and completed not later than the fifteenth day of January and the 55021
teacher being evaluated shall receive a written report of the 55022
results of this evaluation not later than the twenty-fifth day of 55023
January. One evaluation shall be conducted and completed between 55024
the tenth day of February and the first day of April and the 55025
teacher being evaluated shall receive a written report of the 55026
results of this evaluation not later than the tenth day of April.55027

       Any(D) Each evaluation conducted pursuant to this section 55028
shall be conducted by one or more of the following:55029

       (1) A person who is under contract with athe board of 55030
education pursuant to section 3319.01 or 3319.02 of the Revised 55031
Code and holds a license designated for being a superintendent, 55032
assistant superintendent, or principal issued under section 55033
3319.22 of the Revised Code;55034

       (2) A person who is under contract with athe board of 55035
education pursuant to section 3319.02 of the Revised Code and 55036
holds a license designated for being a vocational director or a 55037
supervisor in any educational area issued under section 3319.22 of 55038
the Revised Code;55039

       (3) A person designated to conduct evaluations under an 55040
agreement providing for peer review entered into by athe board of 55041
education and representatives of teachers employed by thatthe55042
board.55043

       (B) Any board of education evaluating a teacher pursuant to 55044
this section shall adopt evaluation procedures that shall be 55045
applied each time a teacher is evaluated pursuant to this section. 55046
These evaluation procedures shall include, but not be limited to:55047

       (1) Criteria of expected job performance in the areas of 55048
responsibility assigned to the teacher being evaluated;55049

       (2) Observation of the teacher being evaluated by the person 55050
conducting the evaluation on at least two occasions for not less 55051
than thirty minutes on each occasion;55052

       (3) A written report of the results of the evaluation that 55053
includes specific recommendations regarding any improvements 55054
needed in the performance of the teacher being evaluated and 55055
regarding the means by which the teacher may obtain assistance in 55056
making such improvements.55057

       (C)(E) The board shall use the evaluations conducted under 55058
this section to inform decisions about compensation, nonrenewal of 55059
employment contracts, termination, reductions in force, and 55060
professional development.55061

       (F) If a teacher who has been granted a continuing contract 55062
under section 3319.08 of the Revised Code receives an evaluation 55063
rating of unsatisfactory for two consecutive years or for two of 55064
three consecutive years, receives an evaluation rating of needs 55065
improvement for three consecutive years, or receives a combination 55066
of evaluation ratings of needs improvement and unsatisfactory for 55067
three consecutive years, the board shall revoke that contract and 55068
shall only enter into a limited contract with the teacher for any 55069
subsequent school years in which the board employs the teacher.55070

       (G) The board annually shall submit to the department of 55071
education the results of teacher evaluations conducted under this 55072
section and principal evaluations conducted under section 3319.02 55073
of the Revised Code. The results shall be disaggregated by the 55074
evaluation ratings prescribed under division (B)(1) of section 55075
3319.112 of the Revised Code, but shall not identify any teacher 55076
or principal.55077

       (H) The board, its members, and any person conducting an 55078
evaluation on behalf of the board in good faith and in accordance 55079
with this section shall be immune from any civil liability that 55080
otherwise might be incurred or imposed for injury, death, or loss 55081
to person or property as a result of conducting the evaluation.55082

       (I) Notwithstanding any provision to the contrary in Chapter 55083
4117. of the Revised Code, the requirements of this section 55084
prevail over any conflicting provisions of a collective bargaining 55085
agreement entered into on or after the effective date of this 55086
section.55087

       (J) This section does not apply to teacherssuperintendents 55088
and administrators subject to evaluation procedures under sections 55089
3319.01 and 3319.02 of the Revised Code or to any teacher employed 55090
as a substitute for less than one hundred twenty days during a 55091
school year pursuant to section 3319.10 of the Revised Code.55092

       Sec. 3319.112.  (A) Not later than December 31, 2011, the 55093
superintendent of public instruction shall develop a framework for 55094
the evaluation of teachers. The framework shall require at least 55095
fifty per cent of each evaluation to be based on measures of 55096
student academic growth.55097

       The framework shall require each evaluation to consider the 55098
following additional factors, but it shall not designate the 55099
weight of any factor or prescribe a specific method of assessing 55100
any factor:55101

       (1) Quality of instructional practice, which may be 55102
determined by announced and unannounced classroom observations and 55103
examinations of samples of work, such as lesson plans or 55104
assessments designed by the teacher;55105

       (2) Communication and professionalism, including how well the 55106
teacher interacts with students, parents, other school employees, 55107
and members of the community;55108

       (3) Parent and student satisfaction, which may be measured by 55109
surveys, questionnaires, or other forms of soliciting feedback.55110

       (B) For purposes of the framework developed under this 55111
section, the superintendent of public instruction also shall do 55112
all of the following:55113

       (1) Develop specific standards and criteria that distinguish 55114
between the following levels of performance for teachers and 55115
principals for the purpose of assigning ratings on the evaluations 55116
conducted under sections 3319.02 and 3319.111 of the Revised Code:55117

       (a) Highly effective;55118

       (b) Effective;55119

       (c) Needs improvement;55120

       (d) Unsatisfactory.55121

       (2) Designate a standard of student academic growth that a 55122
teacher or principal must meet to be rated at each of the 55123
performance levels prescribed by division (B)(1) of this section;55124

       (3) Develop a list of assessments for optional use by school 55125
districts to measure student academic growth for grade levels and 55126
subjects for which the assessments prescribed under sections 55127
3301.0710 and 3301.0712 of the Revised Code and the value-added 55128
progress dimension prescribed by section 3302.021 of the Revised 55129
Code do not apply.55130

       (C) The superintendent of public instruction shall consult 55131
with experts, teachers and principals employed in public schools, 55132
and representatives of stakeholder groups in developing the 55133
standards and criteria required by division (B)(1) of this 55134
section.55135

       (D) Not later than November 1, 2012, the superintendent of 55136
public instruction shall approve or disapprove each evaluation 55137
policy submitted under section 3319.111 of the Revised Code. If 55138
the superintendent disapproves a policy, the superintendent shall 55139
provide recommendations for policy revisions that will enable the 55140
policy to be approved.55141

       (E) Not later than December 1, 2013, and annually thereafter, 55142
the department of education shall issue a report of the evaluation 55143
results submitted under division (G) of section 3319.111 of the 55144
Revised Code for the previous school year. The report shall 55145
include the percentage of teachers and principals who receive each 55146
evaluation rating specified in division (B)(1) of this section, 55147
disaggregated by school district and by public school. The 55148
department shall post the report on its web site.55149

       (F) To assist school districts in developing evaluation 55150
policies under sections 3319.02 and 3319.111 of the Revised Code, 55151
the department shall do both of the following:55152

       (1) Serve as a clearinghouse of promising evaluation 55153
procedures and evaluation models that districts may use;55154

       (2) Provide technical assistance to districts in creating 55155
evaluation policies.55156

       Sec. 3319.113. (A) This section applies to any teacher 55157
employed by a school district who has received a rating of needs 55158
improvement or unsatisfactory on the teacher's most recent 55159
evaluation conducted under section 3319.111 of the Revised Code.55160

       (B) In assigning teachers to schools under section 3319.01 of 55161
the Revised Code, the superintendent of a school district shall 55162
not assign a teacher to whom this section applies to a school 55163
unless both the teacher and the principal of the school consent to 55164
the assignment.55165

       (C) If the superintendent is unable to assign a teacher to 55166
whom this section applies to a school because the mutual consent 55167
required by division (B) of this section has not been obtained, 55168
the district board of education may place the teacher on unpaid 55169
leave until the superintendent is able to assign the teacher to a 55170
school. If the mutual consent is subsequently obtained and the 55171
teacher is assigned to a school, the board shall pay the teacher 55172
at least the same salary the teacher was paid immediately prior to 55173
the unpaid leave.55174

       (D) If a teacher to whom this section applies has been placed 55175
on unpaid leave under division (C) of this section and has not 55176
been assigned to a school after a period of one year on that 55177
leave, notwithstanding anything in section 3319.16 of the Revised 55178
Code to the contrary, the district board may terminate the 55179
teacher's contract under that section.55180

       Sec. 3319.14.  Any teacher who has left, or leaves, a 55181
teaching position, by resignation or otherwise, and within forty 55182
school days thereafter entered, or enters, the uniformed services 55183
and whose service is terminated in a manner other than as 55184
described in section 4304 of Title 38 of the United States Code, 55185
"Uniformed Services Employment and Reemployment Rights Act of 55186
1994," 108 Stat. 3149, 38 U.S.C.A. 4304, shall be reemployed by 55187
the board of education of the district in which the teacher held 55188
such teaching position, under the same type of contract as that 55189
which the teacher last held in such district, if the teacher 55190
applies to the board of education for reemployment in accordance 55191
with the "Uniformed Services Employment and Reemployment Rights 55192
Act of 1994," 108 Stat. 3149, 38 U.S.C.A. 4312. Upon such 55193
application, the teacher shall be reemployed at the first of the 55194
next school semester, if the application is made not less than 55195
thirty days prior to the first of the next school semester, in 55196
which case the teacher shall be reemployed the first of the 55197
following school semester, unless the board of education waives 55198
the requirement for the thirty-day period.55199

       For the purposes of seniority and placement on the salary 55200
schedule, years of absence performing service in the uniformed 55201
services shall be counted as though teaching service had been 55202
performed during such time.55203

       The board of education of the district in which such teacher 55204
was employed and is reemployed under this section may suspend the 55205
contract of the teacher whose services become unnecessary by 55206
reason of the return of a teacher from service in the uniformed 55207
services in accordance with section 3319.17 or 3319.171 of the 55208
Revised Code.55209

       Sec. 3319.141.  Each person who is employed by any board of 55210
education in this state, except for substitutes, adult education 55211
instructors who are scheduled to work the full-time equivalent of 55212
less than one hundred twenty days per school year, or persons who 55213
are employed on an as-needed, seasonal, or intermittent basis,55214
shall be entitled to fifteen days sick leave with pay, for each 55215
year under contract, which shall be credited at the rate of one 55216
and one-fourth days per month. Teachers and regular nonteaching 55217
school employees, upon approval of the responsible administrative 55218
officer of the school district, may use sick leave for absence due 55219
to personal illness, pregnancy, injury, exposure to contagious 55220
disease which could be communicated to others, and for absence due 55221
to illness, injury, or death in the employee's immediate family. 55222
Unused sick leave shall be cumulative up to one hundred twenty 55223
work days, unless more than one hundred twenty days are approved 55224
by the employing board of education. The previously accumulated 55225
sick leave of a person who has been separated from public service, 55226
whether accumulated pursuant to section 124.38 of the Revised Code 55227
or pursuant to this section, shall be placed to histhe person's55228
credit upon his re-employment in the public service, provided that 55229
such re-employment takes place within ten years of the date of the 55230
last termination from public service. A teacher or nonteaching 55231
school employee who transfers from one public agency to another 55232
shall be credited with the unused balance of histhe teacher's or 55233
nonteaching employee's accumulated sick leave up to the maximum of 55234
the sick leave accumulation permitted in the public agency to 55235
which the employee transfers. Teachers and nonteaching school 55236
employees who render regular part-time, seasonal, intermittent,55237
per diem, or hourly service shall be entitled to sick leave for 55238
the time actually worked at the same rate as that granted like 55239
full-time employees, calculated in the same manner as the ratio of 55240
sick leave granted to hours of service established by section 55241
124.38 of the Revised Code. Each board of education may establish 55242
regulations for the entitlement, crediting and use of sick leave 55243
by those substitute teachers employed by such board pursuant to 55244
section 3319.10 of the Revised Code who are not otherwise entitled 55245
to sick leave pursuant to such section. A board of education shall 55246
require a teacher or nonteaching school employee to furnish a 55247
written, signed statement on forms prescribed by such board to 55248
justify the use of sick leave. If medical attention is required, 55249
the employee's statement shall list the name and address of the 55250
attending physician and the dates when hethe physician was 55251
consulted. Nothing in this section shall be construed to waive the 55252
physician-patient privilege provided by section 2317.02 of the 55253
Revised Code. Falsification of a statement is grounds for 55254
suspension or termination of employment under sections 3319.081 55255
and 3319.16 of the Revised Code. No sick leave shall be granted or 55256
credited to a teacher after histhe teacher's retirement or 55257
termination of employment.55258

       Except to the extent used as sick leave, leave granted under 55259
regulations adopted by a board of education pursuant to section 55260
3319.08 of the Revised Code shall not be charged against sick 55261
leave earned or earnable under this section. Nothing in this 55262
section shall be construed to affect in any other way the granting 55263
of leave pursuant to section 3319.08 of the Revised Code and any 55264
granting of sick leave pursuant to such section shall be charged 55265
against sick leave accumulated pursuant to this section.55266

       This section shall not be construed to interfere with any 55267
unused sick leave credit in any agency of government where 55268
attendance records are maintained and credit has been given for 55269
unused sick leave. Unused sick leave accumulated by teachers and 55270
nonteaching school employees under section 124.38 of the Revised 55271
Code shall continue to be credited toward the maximum accumulation 55272
permitted in accordance with this section. Each newly hired 55273
regular nonteaching and each regular nonteaching employee of any 55274
board of education who has exhausted histhe employee's55275
accumulated sick leave shall be entitled to an advancement of not 55276
less than five days of sick leave each year, as authorized by 55277
rules which each board shall adopt, to be charged against the sick 55278
leave hethe employee subsequently accumulates under this section.55279

       This section shall be uniformly administered.55280

       Sec. 3319.16. The(A)(1) Except as provided in division (E) 55281
of this section, the contract of any teacher employed by the board 55282
of education of any city, exempted village, local, county, or 55283
joint vocational school district may not be terminated except for 55284
good and just cause. NotwithstandingThe state board of education 55285
shall adopt rules defining good and just cause, which shall 55286
include, but is not limited to, the following:55287

       (a) Immorality;55288

       (b) A conviction of, a finding of guilt for, or a plea of 55289
guilty to an offense involving moral turpitude or an offense 55290
described in section 2921.41, 2921.42, 2921.43, or 2921.44 of the 55291
Revised Code;55292

       (c) Incompetency;55293

       (d) Gross insubordination;55294

       (e) Willful neglect of duty;55295

       (f) An evaluation rating of unsatisfactory under section 55296
3319.111 of the Revised Code for two consecutive years, an 55297
evaluation rating of unsatisfactory under that section for two of 55298
three consecutive years, an evaluation rating of needs improvement 55299
under that section for three consecutive years, or a combination 55300
of evaluation ratings under that section of needs improvement and 55301
unsatisfactory for three consecutive years.55302

       (2) Notwithstanding any provision to the contrary in Chapter 55303
4117. of the Revised Code, the:55304

       (a) The provisions of this section relating to the grounds 55305
for termination of the contract of a teacher, as they existed 55306
prior to the effective date of this amendment, prevail over any 55307
conflicting provisions of a collective bargaining agreement 55308
entered into after the effective date of this amendmentbetween 55309
October 16, 2009, and that effective date.55310

       (b) The provisions of this section relating to the grounds 55311
for termination of the contract of a teacher, as they exist on and 55312
after the effective date of this amendment, prevail over any 55313
conflicting provisions of a collective bargaining agreement 55314
entered into on or after that effective date.55315

       (B) Before terminating any contract, the employing board 55316
shall furnish the teacher a written notice signed by its treasurer 55317
of its intention to consider the termination of the teacher's 55318
contract with full specification of the grounds for such 55319
consideration. The board shall not proceed with formal action to 55320
terminate the contract until after the tenth day after receipt of 55321
the notice by the teacher. Within ten days after receipt of the 55322
notice from the treasurer of the board, the teacher may file with 55323
the treasurer a written demand for a hearing before the board or 55324
before a referee, and the board shall set a time for the hearing 55325
which shall be within thirty days from the date of receipt of the 55326
written demand, and the treasurer shall give the teacher at least 55327
twenty days' notice in writing of the time and place of the 55328
hearing. If a referee is demanded by either the teacher or board, 55329
the treasurer also shall give twenty days' notice to the 55330
superintendent of public instruction. No hearing shall be held 55331
during the summer vacation without the teacher's consent. The 55332
hearing shall be private unless the teacher requests a public 55333
hearing. The hearing shall be conducted by a referee appointed 55334
pursuant to section 3319.161 of the Revised Code, if demanded; 55335
otherwise, it shall be conducted by a majority of the members of 55336
the board and shall be confined to the grounds given for the 55337
termination. The board shall provide for a complete stenographic 55338
record of the proceedings, a copy of the record to be furnished to 55339
the teacher. The board may suspend a teacher pending final action 55340
to terminate the teacher's contract if, in its judgment, the 55341
character of the charges warrants such action.55342

       Both parties may be present at such hearing, be represented 55343
by counsel, require witnesses to be under oath, cross-examine 55344
witnesses, take a record of the proceedings, and require the 55345
presence of witnesses in their behalf upon subpoena to be issued 55346
by the treasurer of the board. In case of the failure of any 55347
person to comply with a subpoena, a judge of the court of common 55348
pleas of the county in which the person resides, upon application 55349
of any interested party, shall compel attendance of the person by 55350
attachment proceedings as for contempt. Any member of the board or 55351
the referee may administer oaths to witnesses. After a hearing by 55352
a referee, the referee shall file a report within ten days after 55353
the termination of the hearing. After consideration of the 55354
referee's report, the board, by a majority vote, may accept or 55355
reject the referee's recommendation on the termination of the 55356
teacher's contract. After a hearing by the board, the board, by 55357
majority vote, may enter its determination upon its minutes. Any 55358
order of termination of a contract shall state the grounds for 55359
termination. If the decision, after hearing, is against 55360
termination of the contract, the charges and the record of the 55361
hearing shall be physically expunged from the minutes, and, if the 55362
teacher has suffered any loss of salary by reason of being 55363
suspended, the teacher shall be paid the teacher's full salary for 55364
the period of such suspension.55365

       Any teacher affected by an order of termination of contract 55366
may appeal to the court of common pleas of the county in which the 55367
school is located in accordance with division (C) of this section 55368
or request execution of the grievance procedure specified in any 55369
collective bargaining agreement that is applicable to the teacher, 55370
but may not do both. Notwithstanding any provision to the contrary 55371
in Chapter 4117. of the Revised Code, the provisions of this 55372
paragraph prevail over any conflicting provisions of a collective 55373
bargaining agreement entered into on or after the effective date 55374
of this amendment.55375

       (C) An appeal of the board's order of termination to the 55376
court of common pleas shall be filed within thirty days after 55377
receipt of notice of the entry of such order. The appeal shall be 55378
an original action in the court and shall be commenced by the 55379
filing of a complaint against the board, in which complaint the 55380
facts shall be alleged upon which the teacher relies for a 55381
reversal or modification of such order of termination of contract. 55382
Upon service or waiver of summons in that appeal, the board 55383
immediately shall transmit to the clerk of the court for filing a 55384
transcript of the original papers filed with the board, a 55385
certified copy of the minutes of the board into which the 55386
termination finding was entered, and a certified transcript of all 55387
evidence adduced at the hearing or hearings before the board or a 55388
certified transcript of all evidence adduced at the hearing or 55389
hearings before the referee, whereupon the cause shall be at issue 55390
without further pleading and shall be advanced and heard without 55391
delay. The court shall examine the transcript and record of the 55392
hearing and shall hold such additional hearings as it considers 55393
advisable, at which it may consider other evidence in addition to 55394
the transcript and record.55395

       Upon final hearing, the court shall grant or deny the relief 55396
prayed for in the complaint as may be proper in accordance with 55397
the evidence adduced in the hearing. Such an action is a special 55398
proceeding, and either the teacher or the board may appeal from 55399
the decision of the court of common pleas pursuant to the Rules of 55400
Appellate Procedure and, to the extent not in conflict with those 55401
rules, Chapter 2505. of the Revised Code.55402

       In any court action, the board may utilize the services of 55403
the prosecuting attorney, village solicitor, city director of law, 55404
or other chief legal officer of a municipal corporation as 55405
authorized by section 3313.35 of the Revised Code, or may employ 55406
other legal counsel.55407

       (D) A violation of division (A)(7) of section 2907.03 of the 55408
Revised Code is grounds for termination of a teacher contract 55409
under this section.55410

       (E) A board may terminate the contract of a teacher without 55411
good and just cause at any time in the teacher's first year of 55412
employment with the board, if the board has entered into a 55413
one-year contract with the teacher under section 3319.08 of the 55414
Revised Code. In the case of a termination under this division, 55415
the teacher shall not be entitled to the due process procedures 55416
prescribed by divisions (B) and (C) of this section.55417

       Sec. 3319.17.  (A) As used in this section, "interdistrict 55418
contract" means any contract or agreement entered into by an 55419
educational service center governing board and another board or 55420
other public entity pursuant to section 3313.17, 3313.841, 55421
3313.842, 3313.843, 3313.844, 3313.845, 3313.91, or 3323.08 of the 55422
Revised Code, including any such contract or agreement for the 55423
provision of services funded under division (I)(E) of section 55424
3317.024 of the Revised Code or provided in any unit approved 55425
under section 3317.05 of the Revised Code.55426

       (B) When, for any of the following reasons that apply to any 55427
city, exempted village, local, or joint vocational school district 55428
or any educational service center, the board decides that it will 55429
be necessary to reduce the number of teachers it employs, it may 55430
make a reasonable reduction:55431

       (1) In the case of any district or service center, return to 55432
duty of regular teachers after leaves of absence including leaves 55433
provided pursuant to division (B) of section 3314.10 of the 55434
Revised Code, suspension of schools, territorial changes affecting 55435
the district or center, or financial reasons;55436

       (2) In the case of any city, exempted village, local, or 55437
joint vocational school district, decreased enrollment of pupils 55438
in the district;55439

       (3) In the case of any governing board of a service center 55440
providing any particular service directly to pupils pursuant to 55441
one or more interdistrict contracts requiring such service, 55442
reduction in the total number of pupils the governing board is 55443
required to provide with the service under all interdistrict 55444
contracts as a result of the termination or nonrenewal of one or 55445
more of these interdistrict contracts;55446

       (4) In the case of any governing board providing any 55447
particular service that it does not provide directly to pupils 55448
pursuant to one or more interdistrict contracts requiring such 55449
service, reduction in the total level of the service the governing 55450
board is required to provide under all interdistrict contracts as 55451
a result of the termination or nonrenewal of one or more of these 55452
interdistrict contracts.55453

       (C) In making any such reduction, any city, exempted village, 55454
local, or joint vocational schoolthe district board or service 55455
center governing board shall proceed to suspend contracts in 55456
accordance with the recommendation of the superintendent of 55457
schools who shall, within each teaching field affected, give 55458
preference first to teachers on continuing contracts and then to 55459
teachers who have greater seniority. In making any such reduction, 55460
any governing board of a service center shall proceed to suspend 55461
contracts in accordance with the recommendation of the 55462
superintendent who shall, within each teaching field or service 55463
area affected, give preference first to teachers on continuing 55464
contracts and then to teachers who have greater seniority. The 55465
board shall consider evaluations conducted under section 3319.111 55466
of the Revised Code in determining the order of reductions under 55467
this section. Within the teaching field or service area affected, 55468
the board shall suspend teachers with evaluation ratings of 55469
unsatisfactory first, teachers with evaluation ratings of needs 55470
improvement second, teachers with evaluation ratings of effective 55471
third, and teachers with evaluation ratings of highly effective 55472
last, until all necessary reductions have occurred. The board 55473
shall not give preference in retention to any teacher based on 55474
seniority.55475

       On a case-by-case basis, in lieu of suspending a contract in 55476
whole, a board may suspend a contract in part, so that an 55477
individual is required to work a percentage of the time the 55478
employee otherwise is required to work under the contract and 55479
receives a commensurate percentage of the full compensation the 55480
employee otherwise would receive under the contract.55481

       The teachers whose continuing contracts are suspended by any 55482
board pursuant to this section shall have the right of restoration 55483
to continuing service status by that board in the order of 55484
seniority of service in the district or service center if and when 55485
teaching positions become vacant or are created for which any of 55486
such teachers are or become qualified. No teacher whose continuing 55487
contract has been suspended pursuant to this section shall lose 55488
that right of restoration to continuing service status by reason 55489
of having declined recall to a position that is less than 55490
full-time or, if the teacher was not employed full-time just prior 55491
to suspension of the teacher's continuing contract, to a position 55492
requiring a lesser percentage of full-time employment than the 55493
position the teacher last held while employed in the district or 55494
service center.55495

       (D) Notwithstanding any provision to the contrary in Chapter 55496
4117. of the Revised Code, the:55497

       (1) The requirements of this section, as it existed prior to 55498
the effective date of this amendment, prevail over any conflicting 55499
provisions of agreements between employee organizations and public 55500
employers entered into afterbetween September 29, 2005, and that 55501
effective date;55502

       (2) The requirements of this section, as it exists on and 55503
after the effective date of this amendment, prevail over any 55504
conflicting provisions of agreements between employee 55505
organizations and public employers entered into on or after that 55506
effective date.55507

       Sec. 3319.18.  If an entire school district or that part of a 55508
school district which comprises the territory in which a school is 55509
situated is transferred to any other district, or if a new school 55510
district is created, the teachers in such districts or schools 55511
employed on continuing contracts immediately prior to such 55512
transfer, or creation shall, subject to section 3319.17 or 55513
3319.171 of the Revised Code, have continuing service status in 55514
the newly created district, or in the district to which the 55515
territory is transferred.55516

       The limited contracts of the teachers employed in such 55517
districts or schools immediately prior to such transfer, or 55518
creation, shall become the legal obligations of the board of 55519
education in the newly created district, or in the district to 55520
which the territory is transferred, subject to section 3319.17 or 55521
3319.171 of the Revised Code. The teaching experience of such 55522
teachers in such prior districts or schools shall be included in 55523
the three years of service required under section 3319.11 of the 55524
Revised Code for a teacher to become eligible for continuing 55525
service status.55526

       Teachers employed on limited or continuing contracts in an 55527
entire school district or that part of a school district which 55528
comprises the territory in which a school is situated which is 55529
transferred to any other district or which is merged with other 55530
school territory to create a new school district, shall be placed, 55531
on the effective date of such transfer or merger, on the salary 55532
schedule of the district to which the territory is transferred or 55533
the newly created district, according to their training and 55534
experience. Such experience shall be the total sum of the years 55535
taught in the district whose territory was transferred or merged 55536
to create a new district, plus the total number of years of 55537
teaching experience recognized by such previous district upon its 55538
first employment of such teachers.55539

       The placement of the teachers on the salary schedule, 55540
pursuant to this section, shall not result, however, in the salary 55541
of any teacher being less than the teacher's current annual salary 55542
for regular duties, in existence immediately prior to the merger 55543
or transfer.55544

       In making any reduction in the number of teachers under 55545
section 3319.17 of the Revised Code by reason of the transfer or 55546
consolidation of school territory, the years of teaching service 55547
of the teachers employed in the district or schools transferred to 55548
any other district or merged with any school territory to create a 55549
new district, shall be included as a part of the seniority on 55550
which the recommendation of the superintendent of schools shall be 55551
based, under section 3319.17 of the Revised Code. Such service 55552
shall have been continuous and shall include years of service in 55553
the previous district as well as the years of continuous service 55554
in any district which had been previously transferred to or 55555
consolidated to form such district. When suspending contracts in 55556
accordance with an administrative personnel suspension policy 55557
adopted under section 3319.171 of the Revised Code, a board may 55558
consider years of teaching service in the previous district in its 55559
decision if it is a part of the suspension policy.55560

       Sec. 3319.19.  (A) Except as provided in division (D) of this 55561
section or division (A)(2) of section 3313.37 of the Revised Code, 55562
upon request, the board of county commissioners shall provide and 55563
equip offices in the county for the use of the superintendent of 55564
an educational service center, and shall provide heat, light, 55565
water, and janitorial services for such offices. Such offices 55566
shall be the permanent headquarters of the superintendent and 55567
shall be used by the governing board of the service center when it 55568
is in session. Except as provided in division (B) of this section, 55569
such offices shall be located in the county seat or, upon the 55570
approval of the governing board, may be located outside of the 55571
county seat.55572

       (B) In the case of a service center formed under section 55573
3311.053 or 3311.059 of the Revised Code, the governing board 55574
shall designate the site of its offices. Except as provided in 55575
division (D) of this section or division (A)(2) of section 3313.37 55576
of the Revised Code, the board of county commissioners of the 55577
county in which the designated site is located shall provide and 55578
equip the offices as under division (A) of this section, but the 55579
costs of such offices and equipment shall be apportioned among the 55580
boards of county commissioners of all counties having any 55581
territory in the area under the control of the governing board, 55582
according to the proportion of local school district pupils under 55583
the supervision of such board residing in the respective counties. 55584
Where there is a dispute as to the amount any board of county 55585
commissioners is required to pay, the probate judge of the county 55586
in which the greatest number of pupils under the supervision of 55587
the governing board reside shall apportion such costs among the 55588
boards of county commissioners and notify each such board of its 55589
share of the costs.55590

       (C) As used in division (C) of this section, in the case of a 55591
building, facility, or office space that a board of county 55592
commissioners leases or rents, "actual cost per square foot" means 55593
all cost on a per square foot basis incurred by the board under 55594
the lease or rental agreement. In the case of a building, 55595
facility, or office space that the board owns in fee simple, 55596
"actual cost per square foot" means the fair rental value on a per 55597
square foot basis of the building, facility, or office space 55598
either as compared to a similarly situated building, facility, or 55599
office space in the general vicinity or as calculated under a 55600
formula that accounts for depreciation, amortization of 55601
improvements, and other reasonable factors, including, but not 55602
limited to, parking space and other amenities.55603

       Not later than the thirty-first day of March of 2002, 2003, 55604
2004, and 2005 a board of county commissioners required to provide 55605
or equip offices pursuant to division (A) or (B) of this section 55606
shall make a written estimate of the total cost it will incur for 55607
the ensuing fiscal year to provide and equip the offices and to 55608
provide heat, light, water, and janitorial services for such 55609
offices. The total estimate of cost shall include:55610

       (1) The total square feet of space to be utilized by the 55611
educational service center;55612

       (2) The total square feet of any common areas that should be 55613
reasonably allocated to the center and the methodology for making 55614
this allocation;55615

       (3) The actual cost per square foot for both the space 55616
utilized by and the common area allocated to the center;55617

       (4) An explanation of the methodology used to determine the 55618
actual cost per square foot;55619

       (5) The estimated cost of providing heat, light, and water, 55620
including an explanation of how these costs were determined;55621

       (6) The estimated cost of providing janitorial services 55622
including an explanation of the methodology used to determine this 55623
cost;55624

       (7) Any other estimated costs that the board anticipates it 55625
will occurincur and a detailed explanation of the costs and the 55626
rationale used to determine such costs.55627

       A copy of the total estimate of costs under this division 55628
shall be sent to the superintendent of the educational service 55629
center not later than the fifth day of April. The superintendent 55630
shall review the total estimate and shall notify the board of 55631
county commissioners not later than twenty days after receipt of 55632
the estimate of either agreement with the estimate or any specific 55633
objections to the estimates and the reasons for the objections. If 55634
the superintendent agrees with the estimate, it shall become the 55635
final total estimate of cost. Failure of the superintendent to 55636
make objections to the estimate by the twentieth day after receipt 55637
of it shall be deemed to mean that the superintendent is in 55638
agreement with the estimate.55639

       If the superintendent provides specific objections to the 55640
board of county commissioners, the board shall review the 55641
objections and may modify the original estimate and shall send a 55642
revised total estimate to the superintendent within ten days after 55643
the receipt of the superintendent's objections. The superintendent 55644
shall respond to the revised estimate within ten days after its 55645
receipt. If the superintendent agrees with it, it shall become the 55646
final total estimated cost. If the superintendent fails to respond 55647
within the required time, the superintendent shall be deemed to 55648
have agreed with the revised estimate. If the superintendent 55649
disagrees with the revised estimate, the superintendent shall send 55650
specific objections to the county commissioners.55651

       If a superintendent has sent specific objections to the 55652
revised estimate within the required time, the probate judge of 55653
the county which has the greatest number of resident local school 55654
district pupils under the supervision of the educational service 55655
center shall determine the final estimated cost and certify this 55656
amount to the superintendent and the board of county commissioners 55657
prior to the first day of July.55658

       (D)(1) A board of county commissioners shall be responsible 55659
for the following percentages of the final total estimated cost 55660
established by division (C) of this section:55661

       (a) Eighty per cent for fiscal year 2003;55662

       (b) Sixty per cent for fiscal year 2004;55663

       (c) Forty per cent for fiscal year 2005;55664

       (d) Twenty per cent for fiscal year 2006.55665

       In fiscal years 2003, 2004, 2005, and 2006 the educational 55666
service center shall be responsible for the remainder of any costs 55667
in excess of the amounts specified in division (D)(1)(a),(b), (c), 55668
or (d) of this section, as applicable, associated with the 55669
provision and equipment of offices for the educational service 55670
center and for provision of heat, light, water, and janitorial 55671
services for such offices, including any unanticipated or 55672
unexpected increases in the costs beyond the final estimated cost 55673
amount.55674

       Beginning in fiscal year 2007, no board of county 55675
commissioners shall have any obligation to provide and equip 55676
offices for an educational service center or to provide heat, 55677
light, water, or janitorial services for such offices.55678

       (2) Nothing in this section shall prohibit the board of 55679
county commissioners and the governing board of an educational 55680
service center from entering into a contract for providing and 55681
equipping offices for the use of an educational service center and 55682
for providing heat, light, water, and janitorial services for such 55683
offices. The term of any such contract shall not exceed a period 55684
of four years and may be renewed for additional periods not to 55685
exceed four years. Any such contract shall supersede the 55686
provisions of division (D)(1) of this section and no educational 55687
service center may be charged, at any time, any additional amount 55688
for the county's provision of an office and equipment, heat, 55689
light, water, and janitorial services beyond the amount specified 55690
in such contract.55691

       (3) No contract entered into under division (D)(2) of this 55692
section in any year prior to fiscal year 2007 between an 55693
educational service center formed under section 3311.053 or 55694
3311.059 of the Revised Code and the board of county commissioners 55695
required to provide and equip its office pursuant to division (B) 55696
of this section shall take effect unless the boards of county 55697
commissioners of all other counties required to participate in the 55698
funding for such offices pursuant to division (B) of this section 55699
adopt resolutions approving the contract. 55700

       Sec. 3319.227. (A) This section applies only to a person who 55701
meets the following conditions:55702

       (1) Holds a minimum of a baccalaureate degree;55703

       (2) Has been licensed and employed as a teacher in another 55704
state for each of the preceding five years;55705

       (3) Was initially licensed as a teacher in any state within 55706
the preceding fifteen years;55707

       (4) Has not had a teacher's license suspended or revoked in 55708
any state.55709

       (B)(1) Not later than July 1, 2012, the superintendent of 55710
public instruction shall develop a list of states that the 55711
superintendent considers to have standards for teacher licensure 55712
that are inadequate to ensure that a person to whom this section 55713
applies and who was most recently licensed to teach in that state 55714
is qualified for a professional educator license issued under 55715
section 3319.22 of the Revised Code.55716

       (2) Following development of the list, the superintendent 55717
shall establish a panel of experts to evaluate the adequacy of the 55718
teacher licensure standards of each state on the list. Each person 55719
selected by the superintendent to be a member of the panel shall 55720
be approved by the state board of education. In evaluating the 55721
superintendent's list, the panel shall provide an opportunity for 55722
representatives of the department of education, or similar 55723
state-level agency, of each state on the list to provide evidence 55724
to refute the state's placement on the list.55725

       Not later than April 1, 2013, the panel shall recommend to 55726
the state board that the list be approved without changes or that 55727
specified states be removed from the list prior to approval. Not 55728
later than July 1, 2013, the state board shall approve a final 55729
list of states with standards for teacher licensure that are 55730
inadequate to ensure that a person to whom this section applies 55731
and who was most recently licensed to teach in that state is 55732
qualified for a professional educator license issued under section 55733
3319.22 of the Revised Code.55734

       (C) Except as otherwise provided in division (E)(1) of this 55735
section, until the date on which the state board approves a final 55736
list of states with inadequate teacher licensure standards under 55737
division (B)(2) of this section, the state board shall issue a 55738
one-year provisional educator license to any applicant to whom 55739
this section applies. On and after that date, neither the state 55740
board nor the department of education shall be party to any 55741
reciprocity agreement with a state on that list that requires the 55742
state board to issue a person to whom this section applies any 55743
type of professional educator license on the basis of the person's 55744
licensure and teaching experience in that state.55745

       (D) Upon the expiration of a provisional license issued to a 55746
person under division (C) of this section, the state board shall 55747
issue the person a professional educator license, if the person 55748
satisfies either of the following conditions:55749

       (1) The person was issued the provisional license prior to 55750
the development of the list by the state superintendent under 55751
division (B)(1) of this section and, prior to issuance of the 55752
provisional license, the person was most recently licensed to 55753
teach by a state not on the superintendent's list or, if the final 55754
list of states with inadequate teacher licensure standards has 55755
been approved by the state board under division (B)(2) of this 55756
section, by a state not on that list.55757

       (2) All of the following apply to the person:55758

       (a) Prior to obtaining the provisional license, the person 55759
was most recently licensed to teach by a state on the 55760
superintendent's list or, if the final list of states with 55761
inadequate teacher licensure standards has been approved by the 55762
state board under division (B)(2) of this section, by a state on 55763
that list.55764

       (b) The person was employed under the provisional license by 55765
a school district; community school established under Chapter 55766
3314. of the Revised Code; science, technology, engineering, and 55767
mathematics school established under Chapter 3326. of the Revised 55768
Code; or an entity contracted by such a district or school to 55769
provide internet- or computer-based instruction or distance 55770
learning programs to students.55771

       (c) The district or school certifies to the state board that 55772
the person's teaching was satisfactory while employed or 55773
contracted by the district or school.55774

       (E)(1) From July 1, 2012, until the date on which the state 55775
board approves a final list of states with inadequate teacher 55776
licensure standards under division (B)(2) of this section, the 55777
state board shall issue a professional educator license to any 55778
applicant to whom this section applies and who was most recently 55779
licensed to teach by a state that is not on the list developed by 55780
the state superintendent under division (B)(1) of this section.55781

       (2) Beginning on the date on which the state board approves a 55782
final list of states with inadequate teacher licensure standards 55783
under division (B)(2) of this section, the state board shall issue 55784
a professional educator license to any applicant to whom this 55785
section applies and who was most recently licensed to teach by a 55786
state that is not on that list.55787

       Sec. 3319.26. (A) The state board of education shall adopt 55788
rules establishing the standards and requirements for obtaining an 55789
alternative resident educator license for teaching in grades four 55790
to twelve, or the equivalent, in a designated subject area. 55791
However, an alternative resident educator license in the area of 55792
intervention specialist, as defined by rule of the state board, 55793
shall be valid for teaching in grades kindergarten to twelve. 55794

       (B) The superintendent of public instruction and the 55795
chancellor of the Ohio board of regents jointly shall develop an 55796
intensive pedagogical training institute to provide instruction in 55797
the principles and practices of teaching for individuals seeking 55798
an alternative resident educator license. The instruction shall 55799
cover such topics as student development and learning, pupil 55800
assessment procedures, curriculum development, classroom 55801
management, and teaching methodology.55802

       (C) The rules adopted under this section shall require 55803
applicants for the alternative resident educator license to 55804
satisfy the following conditions prior to issuance of the license, 55805
but they shall not require applicants to have completed a major in 55806
the subject area for which application is being made:55807

       (1) Hold a minimum of a baccalaureate degree;55808

       (2) Successfully complete the pedagogical training institute 55809
described in division (B) of this section;55810

       (3) Pass an examination in the subject area for which 55811
application is being made. 55812

       (D)(C) An alternative resident educator license shall be 55813
valid for four years, except that the state board, on a 55814
case-by-case basis, may extend the license's duration as necessary 55815
to enable the license holder to complete the Ohio teacher 55816
residency program established under section 3319.223 of the 55817
Revised Code.55818

       (E)(D) The rules shall require the holder of an alternative 55819
resident educator license, as a condition of continuing to hold 55820
the license, to do all of the following:55821

       (1) Participate in the Ohio teacher residency program;55822

       (2) Show satisfactory progress in taking and successfully 55823
completing atone of the following:55824

       (a) At least twelve additional semester hours, or the 55825
equivalent, of college coursework in the principles and practices 55826
of teaching in such topics as student development and learning, 55827
pupil assessment procedures, curriculum development, classroom 55828
management, and teaching methodology;55829

       (b) Professional development provided to participants of a 55830
teacher preparation program that is operated by a nonprofit 55831
organization and has been approved by the chancellor of the Ohio 55832
board of regents. The chancellor shall approve any such program 55833
that requires participants to hold a bachelor's degree; have a 55834
cumulative undergraduate grade point average of at least 2.5 out 55835
of 4.0, or its equivalent; and successfully complete a summer 55836
training institute.55837

       (3) Take an assessment of professional knowledge in the 55838
second year of teaching under the license.55839

       (F)(E) The rules shall provide for the granting of a 55840
professional educator license to a holder of an alternative 55841
resident educator license upon successfully completing all of the 55842
following:55843

       (1) Four years of teaching under the alternative license;55844

       (2) The twelve semester hours, or the equivalent, of the55845
additional college coursework or professional development55846
described in division (E)(D)(2) of this section;55847

       (3) The assessment of professional knowledge described in 55848
division (E)(D)(3) of this section. The standards for successfully 55849
completing this assessment and the manner of conducting the 55850
assessment shall be the same as for any other individual who is 55851
required to take the assessment pursuant to rules adopted by the 55852
state board under section 3319.22 of the Revised Code.55853

       (4) The Ohio teacher residency program;55854

       (5) All other requirements for a professional educator 55855
license adopted by the state board under section 3319.22 of the 55856
Revised Code.55857

       Sec. 3319.31.  (A) As used in this section and sections 55858
3123.41 to 3123.50 and 3319.311 of the Revised Code, "license" 55859
means a certificate, license, or permit described in this chapter 55860
or in division (B) of section 3301.071 or in section 3301.074 of 55861
the Revised Code.55862

       (B) For any of the following reasons, the state board of 55863
education, in accordance with Chapter 119. and section 3319.311 of 55864
the Revised Code, may refuse to issue a license to an applicant; 55865
may limit a license it issues to an applicant; may suspend, 55866
revoke, or limit a license that has been issued to any person; or 55867
may revoke a license that has been issued to any person and has 55868
expired:55869

       (1) Engaging in an immoral act, incompetence, negligence, or 55870
conduct that is unbecoming to the applicant's or person's 55871
position;55872

       (2) A plea of guilty to, a finding of guilt by a jury or 55873
court of, or a conviction of any of the following:55874

       (a) A felony other than a felony listed in division (C) of 55875
this section;55876

       (b) An offense of violence other than an offense of violence 55877
listed in division (C) of this section;55878

       (c) A theft offense, as defined in section 2913.01 of the 55879
Revised Code, other than a theft offense listed in division (C) of 55880
this section;55881

       (d) A drug abuse offense, as defined in section 2925.01 of 55882
the Revised Code, that is not a minor misdemeanor, other than a 55883
drug abuse offense listed in division (C) of this section;55884

       (e) A violation of an ordinance of a municipal corporation 55885
that is substantively comparable to an offense listed in divisions 55886
(B)(2)(a) to (d) of this section.55887

       (3) A judicial finding of eligibility for intervention in 55888
lieu of conviction under section 2951.041 of the Revised Code, or 55889
agreeing to participate in a pre-trial diversion program under 55890
section 2935.36 of the Revised Code, or a similar diversion 55891
program under rules of a court, for any offense listed in division 55892
(B)(2) or (C) of this section;55893

       (4) Failure to comply with section 3314.40, 3319.313, 55894
3326.24, 3328.19, or 5126.253 of the Revised Code.55895

       (C) Upon learning of a plea of guilty to, a finding of guilt 55896
by a jury or court of, or a conviction of any of the offenses 55897
listed in this division by a person who holds a current or expired 55898
license or is an applicant for a license or renewal of a license, 55899
the state board or the superintendent of public instruction, if 55900
the state board has delegated the duty pursuant to division (D) of 55901
this section, shall by a written order revoke the person's license 55902
or deny issuance or renewal of the license to the person. The 55903
state board or the superintendent shall revoke a license that has 55904
been issued to a person to whom this division applies and has 55905
expired in the same manner as a license that has not expired.55906

       Revocation of a license or denial of issuance or renewal of a 55907
license under this division is effective immediately at the time 55908
and date that the board or superintendent issues the written order 55909
and is not subject to appeal in accordance with Chapter 119. of 55910
the Revised Code. Revocation of a license or denial of issuance or 55911
renewal of license under this division remains in force during the 55912
pendency of an appeal by the person of the plea of guilty, finding 55913
of guilt, or conviction that is the basis of the action taken 55914
under this division.55915

       The state board or superintendent shall take the action 55916
required by this division for a violation of division (B)(1), (2), 55917
(3), or (4) of section 2919.22 of the Revised Code; a violation of 55918
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11, 55919
2903.12, 2903.15, 2905.01, 2905.02, 2905.05, 2905.11, 2907.02, 55920
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.21, 2907.22, 55921
2907.23, 2907.24, 2907.241, 2907.25, 2907.31, 2907.311, 2907.32, 55922
2907.321, 2907.322, 2907.323, 2907.33, 2907.34, 2909.02, 2909.22, 55923
2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2913.44, 55924
2917.01, 2917.02, 2917.03, 2917.31, 2917.33, 2919.12, 2919.121, 55925
2919.13, 2921.02, 2921.03, 2921.04, 2921.05, 2921.11, 2921.34, 55926
2921.41, 2923.122, 2923.123, 2923.161, 2923.17, 2923.21, 2925.02, 55927
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.13, 2925.22, 55928
2925.23, 2925.24, 2925.32, 2925.36, 2925.37, 2927.24, or 3716.11 55929
of the Revised Code; a violation of section 2905.04 of the Revised 55930
Code as it existed prior to July 1, 1996; a violation of section 55931
2919.23 of the Revised Code that would have been a violation of 55932
section 2905.04 of the Revised Code as it existed prior to July 1, 55933
1996, had the violation been committed prior to that date; 55934
felonious sexual penetration in violation of former section 55935
2907.12 of the Revised Code; or a violation of an ordinance of a 55936
municipal corporation that is substantively comparable to an 55937
offense listed in this paragraph.55938

       (D) The state board may delegate to the superintendent of 55939
public instruction the authority to revoke a person's license or 55940
to deny issuance or renewal of a license to a person under 55941
division (C) or (F) of this section.55942

       (E)(1) If the plea of guilty, finding of guilt, or conviction 55943
that is the basis of the action taken under division (B)(2) or (C) 55944
of this section, or under the version of division (F) of section 55945
3319.311 of the Revised Code in effect prior to the effective date 55946
of this amendmentSeptember 12, 2008, is overturned on appeal, 55947
upon exhaustion of the criminal appeal, the clerk of the court 55948
that overturned the plea, finding, or conviction or, if 55949
applicable, the clerk of the court that accepted an appeal from 55950
the court that overturned the plea, finding, or conviction, shall 55951
notify the state board that the plea, finding, or conviction has 55952
been overturned. Within thirty days after receiving the 55953
notification, the state board shall initiate proceedings to 55954
reconsider the revocation or denial of the person's license in 55955
accordance with division (E)(2) of this section. In addition, the 55956
person whose license was revoked or denied may file with the state 55957
board a petition for reconsideration of the revocation or denial 55958
along with appropriate court documents.55959

       (2) Upon receipt of a court notification or a petition and 55960
supporting court documents under division (E)(1) of this section, 55961
the state board, after offering the person an opportunity for an 55962
adjudication hearing under Chapter 119. of the Revised Code, shall 55963
determine whether the person committed the act in question in the 55964
prior criminal action against the person that is the basis of the 55965
revocation or denial and may continue the revocation or denial, 55966
may reinstate the person's license, with or without limits, or may 55967
grant the person a new license, with or without limits. The 55968
decision of the board shall be based on grounds for revoking, 55969
denying, suspending, or limiting a license adopted by rule under 55970
division (G) of this section and in accordance with the 55971
evidentiary standards the board employs for all other licensure 55972
hearings. The decision of the board under this division is subject 55973
to appeal under Chapter 119. of the Revised Code.55974

       (3) A person whose license is revoked or denied under 55975
division (C) of this section shall not apply for any license if 55976
the plea of guilty, finding of guilt, or conviction that is the 55977
basis of the revocation or denial, upon completion of the criminal 55978
appeal, either is upheld or is overturned but the state board 55979
continues the revocation or denial under division (E)(2) of this 55980
section and that continuation is upheld on final appeal.55981

       (F) The state board may take action under division (B) of 55982
this section, and the state board or the superintendent shall take 55983
the action required under division (C) of this section, on the 55984
basis of substantially comparable conduct occurring in a 55985
jurisdiction outside this state or occurring before a person 55986
applies for or receives any license.55987

       (G) The state board may adopt rules in accordance with 55988
Chapter 119. of the Revised Code to carry out this section and 55989
section 3319.311 of the Revised Code.55990

       Sec. 3319.311.  (A)(1) The state board of education, or the 55991
superintendent of public instruction on behalf of the board, may 55992
investigate any information received about a person that 55993
reasonably appears to be a basis for action under section 3319.31 55994
of the Revised Code, including information received pursuant to 55995
section 3314.40, 3319.291, 3319.313, 3326.24, 3328.19, 5126.253, 55996
or 5153.176 of the Revised Code. Except as provided in division 55997
(A)(2) of this section, the board shall contract with the office 55998
of the Ohio attorney general to conduct any investigation of that 55999
nature. The board shall pay for the costs of the contract only 56000
from moneys in the state board of education licensure fund 56001
established under section 3319.51 of the Revised Code. Except as 56002
provided in division (A)(2) of this section, all information 56003
received pursuant to section 3314.40, 3319.291, 3319.313, 3326.24, 56004
3328.19, 5126.253, or 5153.176 of the Revised Code, and all 56005
information obtained during an investigation is confidential and 56006
is not a public record under section 149.43 of the Revised Code. 56007
If an investigation is conducted under this division regarding 56008
information received about a person and no action is taken against 56009
the person under this section or section 3319.31 of the Revised 56010
Code within two years of the completion of the investigation, all 56011
records of the investigation shall be expunged.56012

       (2) In the case of a person about whom the board has learned 56013
of a plea of guilty to, finding of guilt by a jury or court of, or 56014
a conviction of an offense listed in division (C) of section 56015
3319.31 of the Revised Code, or substantially comparable conduct 56016
occurring in a jurisdiction outside this state, the board or the 56017
superintendent of public instruction need not conduct any further 56018
investigation and shall take the action required by division (C) 56019
or (F) of that section. Except as provided in division (G) of this 56020
section, all information obtained by the board or the 56021
superintendent of public instruction pertaining to the action is a 56022
public record under section 149.43 of the Revised Code.56023

       (B) The superintendent of public instruction shall review the 56024
results of each investigation of a person conducted under division 56025
(A)(1) of this section and shall determine, on behalf of the state 56026
board, whether the results warrant initiating action under 56027
division (B) of section 3319.31 of the Revised Code. The 56028
superintendent shall advise the board of such determination at a 56029
meeting of the board. Within fourteen days of the next meeting of 56030
the board, any member of the board may ask that the question of 56031
initiating action under section 3319.31 of the Revised Code be 56032
placed on the board's agenda for that next meeting. Prior to 56033
initiating that action against any person, the person's name and 56034
any other personally identifiable information shall remain 56035
confidential.56036

       (C) The board shall take no action against a person under 56037
division (B) of section 3319.31 of the Revised Code without 56038
providing the person with written notice of the charges and with 56039
an opportunity for a hearing in accordance with Chapter 119. of 56040
the Revised Code.56041

       (D) For purposes of an investigation under division (A)(1) of 56042
this section or a hearing under division (C) of this section or 56043
under division (E)(2) of section 3319.31 of the Revised Code, the 56044
board, or the superintendent on behalf of the board, may 56045
administer oaths, order the taking of depositions, issue 56046
subpoenas, and compel the attendance of witnesses and the 56047
production of books, accounts, papers, records, documents, and 56048
testimony. The issuance of subpoenas under this division may be by 56049
certified mail or personal delivery to the person.56050

       (E) The superintendent, on behalf of the board, may enter 56051
into a consent agreement with a person against whom action is 56052
being taken under division (B) of section 3319.31 of the Revised 56053
Code. The board may adopt rules governing the superintendent's 56054
action under this division.56055

       (F) No surrender of a license shall be effective until the 56056
board takes action to accept the surrender unless the surrender is 56057
pursuant to a consent agreement entered into under division (E) of 56058
this section.56059

       (G) The name of any person who is not required to report 56060
information under section 3314.40, 3319.313, 3326.24, 3328.19,56061
5126.253, or 5153.176 of the Revised Code, but who in good faith 56062
provides information to the state board or superintendent of 56063
public instruction about alleged misconduct committed by a person 56064
who holds a license or has applied for issuance or renewal of a 56065
license, shall be confidential and shall not be released. Any such 56066
person shall be immune from any civil liability that otherwise 56067
might be incurred or imposed for injury, death, or loss to person 56068
or property as a result of the provision of that information.56069

       (H)(1) No person shall knowingly make a false report to the 56070
superintendent of public instruction or the state board of 56071
education alleging misconduct by an employee of a public or 56072
chartered nonpublic school or an employee of the operator of a 56073
community school established under Chapter 3314. or a 56074
college-preparatory boarding school established under Chapter 56075
3328. of the Revised Code.56076

       (2)(a) In any civil action brought against a person in which 56077
it is alleged and proved that the person violated division (H)(1) 56078
of this section, the court shall award the prevailing party 56079
reasonable attorney's fees and costs that the prevailing party 56080
incurred in the civil action or as a result of the false report 56081
that was the basis of the violation.56082

       (b) If a person is convicted of or pleads guilty to a 56083
violation of division (H)(1) of this section, if the subject of 56084
the false report that was the basis of the violation was charged 56085
with any violation of a law or ordinance as a result of the false 56086
report, and if the subject of the false report is found not to be 56087
guilty of the charges brought against the subject as a result of 56088
the false report or those charges are dismissed, the court that 56089
sentences the person for the violation of division (H)(1) of this 56090
section, as part of the sentence, shall order the person to pay 56091
restitution to the subject of the false report, in an amount equal 56092
to reasonable attorney's fees and costs that the subject of the 56093
false report incurred as a result of or in relation to the 56094
charges.56095

       Sec. 3319.39.  (A)(1) Except as provided in division 56096
(F)(2)(b) of section 109.57 of the Revised Code, the appointing or 56097
hiring officer of the board of education of a school district, the 56098
governing board of an educational service center, or of a 56099
chartered nonpublic school shall request the superintendent of the 56100
bureau of criminal identification and investigation to conduct a 56101
criminal records check with respect to any applicant who has 56102
applied to the school district, educational service center, or 56103
school for employment in any position. The appointing or hiring 56104
officer shall request that the superintendent include information 56105
from the federal bureau of investigation in the criminal records 56106
check, unless all of the following apply to the applicant:56107

       (a) The applicant is applying to be an instructor of adult 56108
education.56109

       (b) The duties of the position for which the applicant is 56110
applying do not involve routine interaction with a child or 56111
regular responsibility for the care, custody, or control of a 56112
child or, if the duties do involve such interaction or 56113
responsibility, during any period of time in which the applicant, 56114
if hired, has such interaction or responsibility, another employee 56115
of the school district, educational service center, or chartered 56116
nonpublic school will be present in the same room with the child 56117
or, if outdoors, will be within a thirty-yard radius of the child 56118
or have visual contact with the child.56119

       (c) The applicant presents proof that the applicant has been 56120
a resident of this state for the five-year period immediately 56121
prior to the date upon which the criminal records check is 56122
requested or provides evidence that within that five-year period 56123
the superintendent has requested information about the applicant 56124
from the federal bureau of investigation in a criminal records 56125
check.56126

       (2) A person required by division (A)(1) of this section to 56127
request a criminal records check shall provide to each applicant a 56128
copy of the form prescribed pursuant to division (C)(1) of section 56129
109.572 of the Revised Code, provide to each applicant a standard 56130
impression sheet to obtain fingerprint impressions prescribed 56131
pursuant to division (C)(2) of section 109.572 of the Revised 56132
Code, obtain the completed form and impression sheet from each 56133
applicant, and forward the completed form and impression sheet to 56134
the superintendent of the bureau of criminal identification and 56135
investigation at the time the person requests a criminal records 56136
check pursuant to division (A)(1) of this section.56137

       (3) An applicant who receives pursuant to division (A)(2) of 56138
this section a copy of the form prescribed pursuant to division 56139
(C)(1) of section 109.572 of the Revised Code and a copy of an 56140
impression sheet prescribed pursuant to division (C)(2) of that 56141
section and who is requested to complete the form and provide a 56142
set of fingerprint impressions shall complete the form or provide 56143
all the information necessary to complete the form and shall 56144
provide the impression sheet with the impressions of the 56145
applicant's fingerprints. If an applicant, upon request, fails to 56146
provide the information necessary to complete the form or fails to 56147
provide impressions of the applicant's fingerprints, the board of 56148
education of a school district, governing board of an educational 56149
service center, or governing authority of a chartered nonpublic 56150
school shall not employ that applicant for any position.56151

       (4) Notwithstanding any provision of this section to the 56152
contrary, an applicant who meets the conditions prescribed in 56153
divisions (A)(1)(a) and (b) of this section and who, within the 56154
two-year period prior to the date of application, was the subject 56155
of a criminal records check under this section prior to being 56156
hired for short-term employment with the school district, 56157
educational service center, or chartered nonpublic school to which 56158
application is being made shall not be required to undergo a 56159
criminal records check prior to the applicant's rehiring by that 56160
district, service center, or school.56161

       (B)(1) Except as provided in rules adopted by the department 56162
of education in accordance with division (E) of this section and 56163
as provided in division (B)(3) of this section, no board of 56164
education of a school district, no governing board of an 56165
educational service center, and no governing authority of a 56166
chartered nonpublic school shall employ a person if the person 56167
previously has been convicted of or pleaded guilty to any of the 56168
following:56169

       (a) A violation of section 2903.01, 2903.02, 2903.03, 56170
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 56171
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 56172
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 56173
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 56174
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 56175
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 56176
2925.06, or 3716.11 of the Revised Code, a violation of section 56177
2905.04 of the Revised Code as it existed prior to July 1, 1996, a 56178
violation of section 2919.23 of the Revised Code that would have 56179
been a violation of section 2905.04 of the Revised Code as it 56180
existed prior to July 1, 1996, had the violation been committed 56181
prior to that date, a violation of section 2925.11 of the Revised 56182
Code that is not a minor drug possession offense, or felonious 56183
sexual penetration in violation of former section 2907.12 of the 56184
Revised Code;56185

       (b) A violation of an existing or former law of this state, 56186
another state, or the United States that is substantially 56187
equivalent to any of the offenses or violations described in 56188
division (B)(1)(a) of this section.56189

       (2) A board, governing board of an educational service 56190
center, or a governing authority of a chartered nonpublic school 56191
may employ an applicant conditionally until the criminal records 56192
check required by this section is completed and the board or 56193
governing authority receives the results of the criminal records 56194
check. If the results of the criminal records check indicate that, 56195
pursuant to division (B)(1) of this section, the applicant does 56196
not qualify for employment, the board or governing authority shall 56197
release the applicant from employment.56198

       (3) No board and no governing authority of a chartered 56199
nonpublic school shall employ a teacher who previously has been 56200
convicted of or pleaded guilty to any of the offenses listed in 56201
section 3319.31 of the Revised Code.56202

       (C)(1) Each board and each governing authority of a chartered 56203
nonpublic school shall pay to the bureau of criminal 56204
identification and investigation the fee prescribed pursuant to 56205
division (C)(3) of section 109.572 of the Revised Code for each 56206
criminal records check conducted in accordance with that section 56207
upon the request pursuant to division (A)(1) of this section of 56208
the appointing or hiring officer of the board or governing 56209
authority.56210

       (2) A board and the governing authority of a chartered 56211
nonpublic school may charge an applicant a fee for the costs it 56212
incurs in obtaining a criminal records check under this section. A 56213
fee charged under this division shall not exceed the amount of 56214
fees the board or governing authority pays under division (C)(1) 56215
of this section. If a fee is charged under this division, the 56216
board or governing authority shall notify the applicant at the 56217
time of the applicant's initial application for employment of the 56218
amount of the fee and that, unless the fee is paid, the board or 56219
governing authority will not consider the applicant for 56220
employment.56221

       (D) The report of any criminal records check conducted by the 56222
bureau of criminal identification and investigation in accordance 56223
with section 109.572 of the Revised Code and pursuant to a request 56224
under division (A)(1) of this section is not a public record for 56225
the purposes of section 149.43 of the Revised Code and shall not 56226
be made available to any person other than the applicant who is 56227
the subject of the criminal records check or the applicant's 56228
representative, the board or governing authority requesting the 56229
criminal records check or its representative, and any court, 56230
hearing officer, or other necessary individual involved in a case 56231
dealing with the denial of employment to the applicant.56232

       (E) The department of education shall adopt rules pursuant to 56233
Chapter 119. of the Revised Code to implement this section, 56234
including rules specifying circumstances under which the board or 56235
governing authority may hire a person who has been convicted of an 56236
offense listed in division (B)(1) or (3) of this section but who 56237
meets standards in regard to rehabilitation set by the department.56238

       The department shall amend rule 3301-83-23 of the Ohio 56239
Administrative Code that took effect August 27, 2009, and that 56240
specifies the offenses that disqualify a person for employment as 56241
a school bus or school van driver and establishes rehabilitation 56242
standards for school bus and school van drivers.56243

       (F) Any person required by division (A)(1) of this section to 56244
request a criminal records check shall inform each person, at the 56245
time of the person's initial application for employment, of the 56246
requirement to provide a set of fingerprint impressions and that a 56247
criminal records check is required to be conducted and 56248
satisfactorily completed in accordance with section 109.572 of the 56249
Revised Code if the person comes under final consideration for 56250
appointment or employment as a precondition to employment for the 56251
school district, educational service center, or school for that 56252
position.56253

       (G) As used in this section:56254

       (1) "Applicant" means a person who is under final 56255
consideration for appointment or employment in a position with a 56256
board of education, governing board of an educational service 56257
center, or a chartered nonpublic school, except that "applicant" 56258
does not include a person already employed by a board or chartered 56259
nonpublic school who is under consideration for a different 56260
position with such board or school.56261

       (2) "Teacher" means a person holding an educator license or 56262
permit issued under section 3319.22 or 3319.301 of the Revised 56263
Code and teachers in a chartered nonpublic school.56264

       (3) "Criminal records check" has the same meaning as in 56265
section 109.572 of the Revised Code.56266

       (4) "Minor drug possession offense" has the same meaning as 56267
in section 2925.01 of the Revised Code.56268

       (H) If the board of education of a local school district 56269
adopts a resolution requesting the assistance of the educational 56270
service center in which the local district has territory in 56271
conducting criminal records checks of substitute teachers and 56272
substitutes for other district employees under this section, the 56273
appointing or hiring officer of such educational service center 56274
shall serve for purposes of this section as the appointing or 56275
hiring officer of the local board in the case of hiring substitute 56276
teachers and other substitute employees for the local district.56277

       Sec. 3319.57.  (A) A grant program is hereby established 56278
under which the department of education shall award grants to 56279
assist certain schools in a city, exempted village, local, or 56280
joint vocational school district in implementing one of the 56281
following innovations:56282

       (1) The use of instructional specialists to mentor and 56283
support classroom teachers;56284

       (2) The use of building managers to supervise the 56285
administrative functions of school operation so that a school 56286
principal can focus on supporting instruction, providing 56287
instructional leadership, and engaging teachers as part of the 56288
instructional leadership team;56289

       (3) The reconfiguration of school leadership structure in a 56290
manner that allows teachers to serve in leadership roles so that 56291
teachers may share the responsibility for making and implementing 56292
school decisions;56293

       (4) The adoption of new models for restructuring the school 56294
day or school year, such as including teacher planning and 56295
collaboration time as part of the school day;56296

       (5) The creation of smaller schools or smaller units within 56297
larger schools for the purpose of facilitating teacher 56298
collaboration to improve and advance the professional practice of 56299
teaching;56300

       (6) The implementation of "grow your own" recruitment 56301
strategies that are designed to assist individuals who show a 56302
commitment to education become licensed teachers, to assist 56303
experienced teachers obtain licensure in subject areas for which 56304
there is need, and to assist teachers in becoming principals;56305

       (7) The provision of better conditions for new teachers, such 56306
as reduced teaching load and reduced class size;56307

        (8) The provision of incentives to attract qualified 56308
mathematics, science, or special education teachers;56309

        (9) The development and implementation of a partnership with 56310
teacher preparation programs at colleges and universities to help 56311
attract teachers qualified to teach in shortage areas;56312

        (10) The implementation of a program to increase the cultural 56313
competency of both new and veteran teachers;56314

        (11) The implementation of a program to increase the subject 56315
matter competency of veteran teachers.56316

       (B) To qualify for a grant to implement one of the 56317
innovations described in division (A) of this section, a school 56318
must meet both of the following criteria:56319

       (1) Be hard to staff, as defined by the department.56320

       (2) Use existing school district funds for the implementation 56321
of the innovation in an amount equal to the grant amount 56322
multiplied by (1 - the district's state share percentage for the 56323
fiscal year in which the grant is awarded). 56324

       For purposes of division (B)(2) of this section, "state share 56325
percentage" has the same meaning as in section 3306.023317.02 of 56326
the Revised Code.56327

       (C) The amount and number of grants awarded under this 56328
section shall be determined by the department based on any 56329
appropriations made by the general assembly for grants under this 56330
section. 56331

       (D) The state board of education shall adopt rules for the 56332
administration of this grant program.56333

       Sec. 3319.58.  (A) As used in this section:56334

       (1) "Core subject area" has the same meaning as in section 56335
3319.074 of the Revised Code.56336

       (2) "Performance index score" has the same meaning as in 56337
section 3302.01 of the Revised Code. 56338

       (B) The department of education annually shall rank order 56339
into percentiles according to performance index score all school 56340
buildings of all city, exempted village, and local school 56341
districts, community schools established under Chapter 3314. of 56342
the Revised Code, and STEM schools established under Chapter 3326. 56343
of the Revised Code. The department shall notify each district 56344
board of education, each community school governing authority, and 56345
each STEM school governing body of the percentile ranking of each 56346
building of the district or school and whether division (C) of 56347
this section applies to the building based on that ranking. 56348

       (C) Each year, the board of education of each school 56349
district, governing authority of each community school, and 56350
governing body of each STEM school with a building in the lowest 56351
ten percentiles of performance index score shall require each 56352
classroom teacher teaching in a core subject area in such a 56353
building to register for and take all written examinations 56354
prescribed by the state board of education for licensure to teach 56355
that core subject area and the grade level to which the teacher is 56356
assigned under section 3319.22 of the Revised Code. 56357

       (D) Each district board of education, each community school 56358
governing authority, and each STEM school governing body may use 56359
the results of a teacher's examinations required under division 56360
(C) of this section in developing and revising professional 56361
development plans and in deciding whether or not to continue 56362
employing the teacher in accordance with the provisions of this 56363
chapter or Chapter 3314. or 3326. of the Revised Code. However, no 56364
decision to terminate or not to renew a teacher's employment 56365
contract shall be made solely on the basis of the results of a 56366
teacher's examination under this section until and unless the 56367
teacher has not attained a passing score on the same required 56368
examination for at least three consecutive administrations of that 56369
examination.56370

       Sec. 3319.71. (A) The school health services advisory council 56371
shall make recommendations on the following topics:56372

        (1) The content of the course of instruction required to 56373
obtain a school nurse license under section 3319.221 of the 56374
Revised Code;56375

       (2) The content of the course of instruction required to 56376
obtain a school nurse wellness coordinator license under section 56377
3319.221 of the Revised Code;56378

       (3) Best practices for the use of school nurses and school 56379
nurse wellness coordinators in providing health and wellness 56380
programs for students and employees of school districts, community 56381
schools established under Chapter 3314. of the Revised Code, and 56382
STEM schools established under Chapter 3326. of the Revised Code.56383

       (B) The council shall issue its initial recommendations not 56384
later than March 31, 2010, and may issue subsequent 56385
recommendations as it considers necessary. Copies of all 56386
recommendations shall be provided to the state board of education, 56387
the chancellor of the Ohio board of regents, and the board of 56388
nursing, and the health care coverage and quality council.56389

       Sec. 3323.09.  (A) As used in this section:56390

       (1) "Home" has the meaning given in section 3313.64 of the 56391
Revised Code.56392

       (2) "Preschool child" means a child who is at least age three 56393
but under age six on the thirtieth day of September of an academic 56394
year.56395

       (B) Each county DD board shall establish special education 56396
programs for all children with disabilities who in accordance with 56397
section 3323.04 of the Revised Code have been placed in special 56398
education programs operated by the county board and for preschool 56399
children who are developmentally delayed or at risk of being 56400
developmentally delayed. The board annually shall submit to the 56401
department of education a plan for the provision of these programs 56402
and, if applicable, a request for approval of units under section 56403
3317.05 of the Revised Code. The superintendent of public 56404
instruction shall review the plan and approve or modify it in 56405
accordance with rules adopted by the state board of education 56406
under section 3301.07 of the Revised Code. The superintendent of 56407
public instruction shall compile the plans submitted by county 56408
boards and shall submit a comprehensive plan to the state board.56409

       A county DD board may combine transportation for children 56410
enrolled in classes funded under section 3317.20 or units approved 56411
under section 3317.05 with transportation for children and adults 56412
enrolled in programs and services offered by the board under56413
section 5126.12Chapter 5126. of the Revised Code.56414

       (C) A county DD board that during the school year provided 56415
special education pursuant to this section for any child with 56416
mental disabilities under twenty-two years of age shall prepare 56417
and submit the following reports and statements:56418

       (1) The board shall prepare a statement for each child who at 56419
the time of receiving such special education was a resident of a 56420
home and was not in the legal or permanent custody of an Ohio 56421
resident or a government agency in this state, and whose natural 56422
or adoptive parents are not known to have been residents of this 56423
state subsequent to the child's birth. The statement shall contain 56424
the child's name, the name of the child's school district of 56425
residence, the name of the county board providing the special 56426
education, and the number of months, including any fraction of a 56427
month, it was provided. Not later than the thirtieth day of June, 56428
the board shall forward a certified copy of such statement to both 56429
the director of developmental disabilities and to the home.56430

       Within thirty days after its receipt of a statement, the home 56431
shall pay tuition to the county board computed in the manner 56432
prescribed by section 3323.141 of the Revised Code.56433

       (2) The board shall prepare a report for each school district 56434
that is the school district of residence of one or more of such 56435
children for whom statements are not required by division (C)(1) 56436
of this section. The report shall contain the name of the county 56437
board providing special education, the name of each child 56438
receiving special education, the number of months, including 56439
fractions of a month, that the child received it, and the name of 56440
the child's school district of residence. Not later than the 56441
thirtieth day of June, the board shall forward certified copies of 56442
each report to the school district named in the report, the 56443
superintendent of public instruction, and the director of 56444
developmental disabilities.56445

       Sec. 3323.091.  (A) The department of mental health, the 56446
department of developmental disabilities, the department of youth 56447
services, and the department of rehabilitation and correction 56448
shall establish and maintain special education programs for 56449
children with disabilities in institutions under their 56450
jurisdiction according to standards adopted by the state board of 56451
education.56452

       (B) The superintendent of each state institution required to 56453
provide services under division (A) of this section, and each 56454
county DD board, providing special education for preschool 56455
children with disabilities under this chapter may apply to the 56456
state department of education for unit funding, which shall be 56457
paid in accordance with sections 3317.052 and 3317.053 of the 56458
Revised Code.56459

        The superintendent of each state institution required to 56460
provide services under division (A) of this section may apply to 56461
the department of education for special education and related 56462
services weighted funding for children with disabilities other 56463
than preschool children with disabilities, calculated in 56464
accordance with section 3317.201 of the Revised Code.56465

       Each county DD board providing special education for children 56466
with disabilities other than preschool children with disabilities 56467
may apply to the department of education for base cost and special 56468
education and related services weighted funding calculated in 56469
accordance with section 3317.20 of the Revised Code.56470

       (C) In addition to the authorization to apply for state 56471
funding described in division (B) of this section, each state 56472
institution required to provide services under division (A) of 56473
this section is entitled to tuition payments calculated in the 56474
manner described in division (C) of this section.56475

       On or before the thirtieth day of June of each year, the 56476
superintendent of each institution that during the school year 56477
provided special education pursuant to this section shall prepare 56478
a statement for each child with a disability under twenty-two 56479
years of age who has received special education. The statement 56480
shall contain the child's data verification code assigned pursuant 56481
to division (D)(2) of section 3301.0714 of the Revised Code and 56482
the name of the child's school district of residence. Within sixty 56483
days after receipt of such statement, the department of education 56484
shall perform one of the following:56485

       (1) For any child except a preschool child with a disability 56486
described in division (C)(2) of this section, pay to the 56487
institution submitting the statement an amount equal to the 56488
tuition calculated under division (A) of section 3317.08 of the 56489
Revised Code for the period covered by the statement, and deduct 56490
the same from the amount of state funds, if any, payable under 56491
sections 3306.13 and 3317.023Chapter 3317. of the Revised Code, 56492
to the child's school district of residence or, if the amount of 56493
such state funds is insufficient, require the child's school 56494
district of residence to pay the institution submitting the 56495
statement an amount equal to the amount determined under this 56496
division.56497

       (2) For any preschool child with a disability not included in 56498
a unit approved under division (B) of section 3317.05 of the 56499
Revised Code, perform the following:56500

       (a) Pay to the institution submitting the statement an amount 56501
equal to the tuition calculated under division (B) of section 56502
3317.08 of the Revised Code for the period covered by the 56503
statement, except that in calculating the tuition under that 56504
section the operating expenses of the institution submitting the 56505
statement under this section shall be used instead of the 56506
operating expenses of the school district of residence;56507

       (b) Deduct from the amount of state funds, if any, payable 56508
under sections 3317.022 or 3306.13 and 3317.023Chapter 3317. of 56509
the Revised Code to the child's school district of residence an 56510
amount equal to the amount paid under division (C)(2)(a) of this 56511
section.56512

       Sec. 3323.14.  This section does not apply to any preschool 56513
child with a disability except if included in a unit approved 56514
under division (B) of section 3317.05 of the Revised Code.56515

       (A) Where a child who is a school resident of one school 56516
district receives special education from another district and the 56517
per capita cost to the educating district for that child exceeds 56518
the sum of the amount received by the educating district for that 56519
child under division (A) of section 3317.08 of the Revised Code 56520
and the amount received by the district from the state board of 56521
education for that child, then the board of education of the 56522
district of residence shall pay to the board of the school 56523
district that is providing the special education such excess cost 56524
as is determined by using a formula approved by the department of 56525
education and agreed upon in contracts entered into by the boards 56526
of the districts concerned at the time the district providing such 56527
special education accepts the child for enrollment. The department 56528
shall certify the amount of the payments under Chapters 3306. and56529
Chapter 3317. of the Revised Code for such pupils with 56530
disabilities for each school year ending on the thirtieth day of 56531
July.56532

       (B) In the case of a child described in division (A) of this 56533
section who has been placed in a home, as defined in section 56534
3313.64 of the Revised Code, pursuant to the order of a court and 56535
who is not subject to section 3323.141 of the Revised Code, the 56536
district providing the child with special education and related 56537
services may charge to the child's district of residence the 56538
excess cost determined by formula approved by the department, 56539
regardless of whether the district of residence has entered into a 56540
contract with the district providing the services. If the district 56541
providing the services chooses to charge excess costs, the 56542
district may report the amount calculated under this division to 56543
the department.56544

       (C) If a district providing special education for a child 56545
reports an amount for the excess cost of those services, as 56546
authorized and calculated under division (A) or (B) of this 56547
section, the department shall pay that amount of excess cost to 56548
the district providing the services and shall deduct that amount 56549
from the child's district of residence in accordance with division 56550
(N)(K) of section 3317.023 of the Revised Code.56551

       Sec. 3323.142.  This section does not apply to any preschool 56552
child with a disability except if included in a unit approved 56553
under division (B) of section 3317.05 of the Revised Code.56554

       As used in this section, "per pupil amount" for a preschool 56555
child with a disability included in such an approved unit means 56556
the amount determined by dividing the amount received for the 56557
classroom unit in which the child has been placed by the number of 56558
children in the unit. For any other child, "per pupil amount" 56559
means the amount paid for the child under section 3317.20 of the 56560
Revised Code.56561

       When a school district places or has placed a child with a 56562
county DD board for special education, but another district is 56563
responsible for tuition under section 3313.64 or 3313.65 of the 56564
Revised Code and the child is not a resident of the territory 56565
served by the county DD board, the board may charge the district 56566
responsible for tuition with the educational costs in excess of 56567
the per pupil amount received by the board under Chapters 3306. 56568
andChapter 3317. of the Revised Code. The amount of the excess 56569
cost shall be determined by the formula established by rule of the 56570
department of education under section 3323.14 of the Revised Code, 56571
and the payment for such excess cost shall be made by the school 56572
district directly to the county DD board.56573

       A school district board of education and the county DD board 56574
that serves the school district may negotiate and contract, at or 56575
after the time of placement, for payments by the board of 56576
education to the county DD board for additional services provided 56577
to a child placed with the county DD board and whose 56578
individualized education program established pursuant to section 56579
3323.08 of the Revised Code requires additional services that are 56580
not routinely provided children in the county DD board's program 56581
but are necessary to maintain the child's enrollment and 56582
participation in the program. Additional services may include, but 56583
are not limited to, specialized supplies and equipment for the 56584
benefit of the child and instruction, training, or assistance 56585
provided by staff members other than staff members for which 56586
funding is received under Chapter 3306. or 3317. of the Revised 56587
Code.56588

       Sec. 3323.25.  (A) This section applies to an individual 56589
enrolled in a dropout prevention and recovery program operated by 56590
a community school for whom all of the following conditions are 56591
met:56592

       (1) The individual is between twenty-two and thirty years of 56593
age.56594

       (2) The individual is enrolled in the school's program under 56595
section 3314.38 of the Revised Code.56596

       (3) The individual has a disability of the types described in 56597
division (A)(1) of section 3323.01 of the Revised Code.56598

       (B) In addition to its other responsibilities under this 56599
chapter, the community school may provide to any individual to 56600
whom this section applies special education and related services 56601
in accordance with rules adopted by the state board of education 56602
under division (C) of this section.56603

       (C) The state board shall adopt rules, in accordance with 56604
Chapter 119. of the Revised Code, prescribing standards and 56605
requirements for the provision of special education and related 56606
services to individuals to whom this section applies that are 56607
comparable to the standards and requirements for services to 56608
children with disabilities. The rules shall include standards and 56609
requirements for the identification of individuals with 56610
disabilities who qualify for services under this section, 56611
development and implementation of service plans for those 56612
services, appropriate procedural safeguards, and any other issues 56613
the state board determines are necessary to implement this 56614
section.56615

       Sec. 3323.31. The Franklin county educational service center 56616
shall establish the Ohio Centercenter for Autismautism and Low 56617
Incidencelow incidence. The Centercenter shall administer 56618
programs and coordinate services for infants, preschool and 56619
school-age children, and adults with autism and low incidence 56620
disabilities. The Center'scenter's principal focus shall be 56621
programs and services for persons with autism. The Centercenter56622
shall be under the direction of an executive director, appointed 56623
by the superintendent of the service center in consultation with 56624
the advisory board established under section 3323.33 of the 56625
Revised Code. 56626

       In addition to its other duties, the Ohio Centercenter for 56627
Autismautism and Low Incidencelow incidence shall participate 56628
as a member of anthe interagency workgroup on autism, as it is 56629
established by the departmentdirector of developmental 56630
disabilities andunder section 5123.0419 of the Revised Code. The 56631
center shall provide technical assistance and support to the 56632
department of developmental disabilities in the department's 56633
leadership role to develop and implement the initiatives 56634
identified byprojects and activities of the workgroup.56635

       Sec. 3324.05.  (A) Each school district shall submit an 56636
annual report to the department of education specifying the number 56637
of students in each of grades kindergarten through twelfthtwelve56638
screened, the number assessed, and the number identified as gifted 56639
in each category specified in section 3324.03 of the Revised Code.56640

       (B) The department of education shall audit each school 56641
district's identification numbers at least once every three years 56642
and may select any district at random or upon complaint or 56643
suspicion of noncompliance for a further audit to determine 56644
compliance with sections 3324.03 to 3324.06 of the Revised Code.56645

       (C) The department shall provide technical assistance to any 56646
district found in noncompliance under division (B) of this 56647
section. The department may reduce funds received by the district 56648
under Chapters 3306. andChapter 3317. of the Revised Code by any 56649
amount if the district continues to be noncompliant.56650

       Sec.  3324.08.  Any person employed by a school district and 56651
assigned to a school as a principal or any other position may also 56652
serve as the district's gifted education coordinator, if qualified 56653
to do so pursuant to the rules adopted by the state board of 56654
education under this chapter.56655

       Sec. 3325.01.  The state school for the deaf and the state 56656
school for the blind shall be under the control and supervision of 56657
the state board of education. On the recommendation of the 56658
superintendent of public instruction, the state board of education 56659
shall appoint a superintendent for the state school for the deaf 56660
and a superintendent for the state school for the blind, each of 56661
whom shall serve at the pleasure of the state board. The state 56662
board may appoint one person to serve as the superintendent for 56663
both the state school for the deaf and the state school for the 56664
blind.56665

       Sec. 3325.08.  (A) A diploma shall be granted by the 56666
superintendent of the state school for the blind and the 56667
superintendent of the state school for the deaf to any student 56668
enrolled in one of these state schools to whom all of the 56669
following apply:56670

       (1) The student has successfully completed the individualized 56671
education program developed for the student for the student's high 56672
school education pursuant to section 3323.08 of the Revised Code;56673

       (2) Subject to section 3313.614 of the Revised Code, the 56674
student has met the assessment requirements of division (A)(2)(a) 56675
or (b) of this section, as applicable.56676

       (a) If the student entered the ninth grade prior to the date 56677
prescribed by rule of the state board of education under division 56678
(E)(D)(2) of section 3301.0712 of the Revised Code, the student 56679
either:56680

       (i) Has attained at least the applicable scores designated 56681
under division (B)(1) of section 3301.0710 of the Revised Code on 56682
all the assessments prescribed by that division unless division 56683
(L) of section 3313.61 of the Revised Code applies to the student;56684

       (ii) Has satisfied the alternative conditions prescribed in 56685
section 3313.615 of the Revised Code.56686

       (b) If the student entered the ninth grade on or after the 56687
date prescribed by rule of the state board under division 56688
(E)(D)(2) of section 3301.0712 of the Revised Code, the student 56689
has attained onmet the requirements of the entire assessment 56690
system prescribed under division (B)(2) of section 3301.0710 of 56691
the Revised Code at least the required passing composite score, 56692
designated under division (C)(1) of section 3301.0712 of the 56693
Revised Code, except to the extent that division (L) of section 56694
3313.61 of the Revised Code applies to the student.56695

       (3) The student is not eligible to receive an honors diploma 56696
granted pursuant to division (B) of this section.56697

       No diploma shall be granted under this division to anyone 56698
except as provided under this division.56699

       (B) In lieu of a diploma granted under division (A) of this 56700
section, the superintendent of the state school for the blind and 56701
the superintendent of the state school for the deaf shall grant an 56702
honors diploma, in the same manner that the boards of education of 56703
school districts grant such diplomas under division (B) of section 56704
3313.61 of the Revised Code, to any student enrolled in one of 56705
these state schools who accomplishes all of the following:56706

       (1) Successfully completes the individualized education 56707
program developed for the student for the student's high school 56708
education pursuant to section 3323.08 of the Revised Code;56709

       (2) Subject to section 3313.614 of the Revised Code, has met 56710
the assessment requirements of division (B)(2)(a) or (b) of this 56711
section, as applicable.56712

       (a) If the student entered the ninth grade prior to the date 56713
prescribed by rule of the state board under division (E)(D)(2) of 56714
section 3301.0712 of the Revised Code, the student either:56715

       (i) Has attained at least the applicable scores designated 56716
under division (B)(1) of section 3301.0710 of the Revised Code on 56717
all the assessments prescribed under that division;56718

       (ii) Has satisfied the alternative conditions prescribed in 56719
section 3313.615 of the Revised Code.56720

       (b) If the student entered the ninth grade on or after the 56721
date prescribed by rule of the state board under division 56722
(E)(D)(2) of section 3301.0712 of the Revised Code, the student 56723
has attained onmet the requirements of the entire assessment 56724
system prescribed under division (B)(2) of section 3301.0710 of 56725
the Revised Code at least the required passing composite score, 56726
designated under division (C)(1) of section 3301.0712 of the 56727
Revised Code.56728

       (3) Has met additional criteria for granting an honors 56729
diploma. 56730

       These additional criteria shall be the same as those 56731
prescribed by the state board under division (B) of section 56732
3313.61 of the Revised Code for the granting of such diplomas by 56733
school districts. No honors diploma shall be granted to anyone 56734
failing to comply with this division and not more than one honors 56735
diploma shall be granted to any student under this division.56736

       (C) A diploma or honors diploma awarded under this section 56737
shall be signed by the superintendent of public instruction and 56738
the superintendent of the state school for the blind or the 56739
superintendent of the state school for the deaf, as applicable. 56740
Each diploma shall bear the date of its issue and be in such form 56741
as the school superintendent prescribes.56742

       (D) Upon granting a diploma to a student under this section, 56743
the superintendent of the state school in which the student is 56744
enrolled shall provide notice of receipt of the diploma to the 56745
board of education of the school district where the student is 56746
entitled to attend school under section 3313.64 or 3313.65 of the 56747
Revised Code when not residing at the state school for the blind 56748
or the state school for the deaf. The notice shall indicate the 56749
type of diploma granted.56750

       Sec. 3326.11. Each science, technology, engineering, and 56751
mathematics school established under this chapter and its 56752
governing body shall comply with sections 9.90, 9.91, 109.65, 56753
121.22, 149.43, 2151.357, 2151.421, 2313.18, 2921.42, 2921.43, 56754
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18, 56755
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50, 56756
3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 56757
3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648, 56758
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67, 56759
3313.671, 3313.672, 3313.673, 3313.674, 3313.69, 3313.71, 56760
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814, 56761
3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3317.141, 3319.073, 56762
3319.08, 3319.111, 3319.17, 3319.21, 3319.32, 3319.321, 3319.35, 56763
3319.39, 3319.391, 3319.41, 3319.45, 3321.01, 3321.041, 3321.13, 56764
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 56765
4113.52, and 5705.391 and Chapters 102., 117., 1347., 2744., 56766
3307., 3309., 3365., 3742., 4112., 4123., 4141., and 4167. of the 56767
Revised Code as if it were a school district.56768

       Sec. 3326.33.  Payments and deductions under this section for 56769
fiscal years 20102012 and 20112013 shall be made in accordance 56770
with section 3326.39 of the Revised Code.56771

       For each student enrolled in a science, technology, 56772
engineering, and mathematics school established under this 56773
chapter, the department of education annually shall deduct from 56774
the state education aid of a student's resident school district 56775
and, if necessary, from the payment made to the district under 56776
sections 321.24 and 323.156 of the Revised Code and pay to the 56777
school the sum of the following:56778

       (A) The sum of the formula amount plus the per pupil amount 56779
of the base funding supplements specified in divisions (C)(1) to 56780
(4) of section 3317.012 of the Revised Code.56781

       (B) If the student is receiving special education and related 56782
services pursuant to an IEP, the product of the applicable special 56783
education weight times the formula amount;56784

       (C) If the student is enrolled in vocational education 56785
programs or classes that are described in section 3317.014 of the 56786
Revised Code, are provided by the school, and are comparable as 56787
determined by the superintendent of public instruction to school 56788
district vocational education programs and classes eligible for 56789
state weighted funding under section 3317.014 of the Revised Code, 56790
the product of the applicable vocational education weight times 56791
the formula amount times the percentage of time the student spends 56792
in the vocational education programs or classes;56793

       (D) If the student is included in the poverty student count 56794
of the student's resident district, the per pupil amount of the 56795
district's payment under division (C) of section 3317.029 of the 56796
Revised Code;56797

       (E) If the student is identified as limited English 56798
proficient and the student's resident district receives a payment 56799
for services to limited English proficient students under division 56800
(F) of section 3317.029 of the Revised Code, the per pupil amount 56801
of the district's payment under that division, calculated in the 56802
same manner as per pupil payments are calculated under division 56803
(C)(6) of section 3314.08 of the Revised Code;56804

       (F) If the student's resident district receives a payment 56805
under division (G), (H), or (I) of section 3317.029 of the Revised 56806
Code, the per pupil amount of the district's payments under each 56807
division, calculated in the same manner as per pupil payments are 56808
calculated under divisions (C)(7) and (8) of section 3314.08 of 56809
the Revised Code;56810

       (G) If the student's resident district receives a parity aid 56811
payment under section 3317.0217 of the Revised Code, the per pupil 56812
amount calculated for the district under division (C) or (D) of 56813
that section.56814

       Sec. 3326.39.  For purposes of applying sections 3326.31 to 56815
3326.37 of the Revised Code to fiscal years 20102012 and 201156816
2013:56817

       (A) The formula amount for STEM schools for each of fiscal 56818
year 2010 is $5,718, and for fiscal year 2011 is $5,703. These 56819
respective amountsyears 2012 and 2013 is $5,653. That amount56820
shall be applied wherein sections 3326.31 to 3326.37 of the 56821
Revised Code the formula amount is specified, except for deducting 56822
and paying amounts for special education weighted funding and 56823
vocational education weighted funding.56824

       (B) The base funding supplements under section 3317.012 of 56825
the Revised Code shall be deemed in each year to be the amounts 56826
specified in that section for fiscal year 2009.56827

       (C) Special education additional weighted funding shall be 56828
calculated by multiplying the applicable weight specified for 56829
fiscal year 2009 in section 3317.013 of the Revised Code, as it 56830
existed for that fiscal year 2009, times $5,732.56831

       (D) Vocational education additional weighted funding shall be 56832
calculated by multiplying the applicable weight specified in 56833
section 3317.014 of the Revised Code for fiscal year 2009 times 56834
$5,732.56835

       (E) The per pupil amounts paid to a school district under 56836
sections 3317.029 and 3317.0217 of the Revised Code shall be 56837
deemed to be the respective per pupil amounts paid under those 56838
sections to that district for fiscal year 2009.56839

       Sec. 3327.02.  (A) After considering each of the following 56840
factors, the board of education of a city, exempted village, or 56841
local school district may determine that it is impractical to 56842
transport a pupil who is eligible for transportation to and from a 56843
school under section 3327.01 of the Revised Code:56844

        (1) The time and distance required to provide the 56845
transportation;56846

        (2) The number of pupils to be transported;56847

        (3) The cost of providing transportation in terms of 56848
equipment, maintenance, personnel, and administration;56849

        (4) Whether similar or equivalent service is provided to 56850
other pupils eligible for transportation;56851

        (5) Whether and to what extent the additional service 56852
unavoidably disrupts current transportation schedules;56853

        (6) Whether other reimbursable types of transportation are 56854
available.56855

        (B)(1) Based on its consideration of the factors established 56856
in division (A) of this section, the board may pass a resolution 56857
declaring the impracticality of transportation. The resolution 56858
shall include each pupil's name and the reason for impracticality.56859

        (2) The board shall report its determination to the state 56860
board of education in a manner determined by the state board.56861

        (3) The board of education of a local school district 56862
additionally shall submit the resolution for concurrence to the 56863
educational service center that contains the local district's 56864
territory. If the educational service center governing board 56865
considers transportation by school conveyance practicable, it 56866
shall so inform the local board and transportation shall be 56867
provided by such local board. If the educational service center 56868
board agrees with the view of the local board, the local board may 56869
offer payment in lieu of transportation as provided in this 56870
section.56871

       (C) After passing the resolution declaring the impracticality 56872
of transportation, the district board shall offer to provide 56873
payment in lieu of transportation by doing the following:56874

        (1) In accordance with guidelines established by the 56875
department of education, informing the pupil's parent, guardian, 56876
or other person in charge of the pupil of both of the following:56877

        (a) The board's resolution;56878

        (b) The right of the pupil's parent, guardian, or other 56879
person in charge of the pupil to accept the offer of payment in 56880
lieu of transportation or to reject the offer and instead request 56881
the department to initiate mediation procedures.56882

        (2) Issuing the pupil's parent, guardian, or other person in 56883
charge of the pupil a contract or other form on which the parent, 56884
guardian, or other person in charge of the pupil is given the 56885
option to accept or reject the board's offer of payment in lieu of 56886
transportation.56887

        (D) If the parent, guardian, or other person in charge of the 56888
pupil accepts the offer of payment in lieu of providing 56889
transportation, the board shall pay the parent, guardian, or other 56890
person in charge of the childpupil an amount that shall be not 56891
less than the amount determined by the department of education as 56892
the minimum for payment in lieu of transportation, and not more 56893
than the amount determined by the department as the average cost 56894
of pupil transportation for the previous school year. Payment may 56895
be prorated if the time period involved is only a part of the 56896
school year.56897

        (E)(1)(a) Upon the request of a parent, guardian, or other 56898
person in charge of the pupil who rejected the payment in lieu of 56899
transportation, the department shall conduct mediation procedures.56900

        (b) If the mediation does not resolve the dispute, the state 56901
board of education shall conduct a hearing in accordance with 56902
Chapter 119. of the Revised Code. The state board may approve the 56903
payment in lieu of transportation or may order the board of 56904
education to provide transportation. The decision of the state 56905
board is binding in subsequent years and on future parties in 56906
interest provided the facts of the determination remain 56907
comparable.56908

        (2) The school district shall provide transportation for the 56909
pupil from the time the parent, guardian, or other person in 56910
charge of the pupil requests mediation until the matter is 56911
resolved under division (E)(1)(a) or (b) of this section.56912

        (F)(1) If the department determines that a school district 56913
board has failed or is failing to provide transportation as 56914
required by division (E)(2) of this section or as ordered by the 56915
state board under division (E)(1)(b) of this section, the 56916
department shall order the school district board to pay to the 56917
pupil's parent, guardian, or other person in charge of the pupil, 56918
an amount equal to the state average daily cost of transportation 56919
as determined by the state board of education for the previous 56920
year. The school district board shall make payments on a schedule 56921
ordered by the department.56922

        (2) If the department subsequently finds that a school 56923
district board is not in compliance with an order issued under 56924
division (F)(1) of this section and the affected pupils are 56925
enrolled in a nonpublic or community school, the department shall 56926
deduct the amount that the board is required to pay under that 56927
order from any pupil transportation payments the department makes 56928
to the school district board under section 3306.123317.0212 of 56929
the Revised Code or other provisions of law. The department shall 56930
use the moneys so deducted to make payments to the nonpublic or 56931
community school attended by the pupil. The department shall 56932
continue to make the deductions and payments required under this 56933
division until the school district board either complies with the 56934
department's order issued under division (F)(1) of this section or 56935
begins providing transportation.56936

        (G) A nonpublic or community school that receives payments 56937
from the department under division (F)(2) of this section shall do 56938
either of the following:56939

        (1) Disburse the entire amount of the payments to the parent, 56940
guardian, or other person in controlcharge of the pupil affected 56941
by the failure of the school district of residence to provide 56942
transportation;56943

        (2) Use the entire amount of the payments to provide 56944
acceptable transportation for the affected pupil.56945

       Sec. 3327.04.  (A) The board of education of any city, 56946
exempted village, or local school district may contract with the 56947
board of another district for the admission or transportation, or 56948
both, of pupils into any school in such other district, on terms 56949
agreed upon by such boards. 56950

       (B) The boards of two school districts may enter into a 56951
contract under this section to share the provision of 56952
transportation to a child who resides in one school district and 56953
attends school in the other district. Under such an agreement, one 56954
district may claim the total transportation subsidy available for 56955
such child under section 3306.123317.0212 of the Revised Code or 56956
other provisions of law and may agree to pay any portion of such 56957
subsidy to the other district sharing the provision of 56958
transportation to that child. The contract shall delineate the 56959
transportation responsibilities of each district.56960

       A school district that enters into a contract under this 56961
section is not liable for any injury, death, or loss to the person 56962
or property of a student that may occur while the student is being 56963
furnished transportation by the other school district that is a 56964
party to the contract.56965

       (C) Whenever a board not maintaining a high school enters 56966
into an agreement with one or more boards maintaining such school 56967
for the schooling of all its high school pupils, the board making 56968
such agreement is exempt from the payment of tuition at other high 56969
schools of pupils living within three miles of the school 56970
designated in the agreement. In case no such agreement is entered 56971
into, the high school to be attended can be selected by the pupil 56972
holding an eighth grade diploma, and the tuition shall be paid by 56973
the board of the district of school residence.56974

       Sec. 3327.05.  (A) Except as provided in division (B) of this 56975
section, no board of education of any school district shall 56976
provide transportation for any pupil who is a school resident of 56977
another school district unless the pupil is enrolled pursuant to 56978
section 3313.98 of the Revised Code or the board of the other 56979
district has given its written consent thereto. If the board of 56980
any school district files with the state board of education a 56981
written complaint that transportation for resident pupils is being 56982
provided by the board of another school district contrary to this 56983
division, the state board of education shall make an investigation 56984
of such complaint. If the state board of education finds that 56985
transportation is being provided contrary to this section, it may 56986
withdraw from state funds due the offending district any part of 56987
the amount that has been approved for transportation pursuant to 56988
section 3306.123317.0212 of the Revised Code or other provisions 56989
of law.56990

       (B) Notwithstanding division (D) of section 3311.19 and 56991
division (D) of section 3311.52 of the Revised Code, this division 56992
does not apply to any joint vocational or cooperative education 56993
school district.56994

       A board of education may provide transportation to and from 56995
the nonpublic school of attendance if both of the following apply:56996

       (1) The parent, guardian, or other person in charge of the 56997
pupil agrees to pay the board for all costs incurred in providing 56998
the transportation that are not reimbursed pursuant to Chapter 56999
3306. or 3317. of the Revised Code;57000

       (2) The pupil's school district of residence does not provide 57001
transportation for public school pupils of the same grade as the 57002
pupil being transported under this division, or that district is 57003
not required under section 3327.01 of the Revised Code to 57004
transport the pupil to and from the nonpublic school because the 57005
direct travel time to the nonpublic school is more than thirty 57006
minutes.57007

       Upon receipt of the request to provide transportation, the 57008
board shall review the request and determine whether the board 57009
will accommodate the request. If the board agrees to transport the 57010
pupil, the board may transport the pupil to and from the nonpublic 57011
school and a collection point in the district, as determined by 57012
the board. If the board transports the pupil, the board may 57013
include the pupil in the district's transportation ADM reported to 57014
the department of education under section 3317.03 of the Revised 57015
Code and, accordingly, may receive a state payment under section 57016
3306.123317.0212 of the Revised Code or other provisions of law57017
for transporting the pupil.57018

       If the board declines to transport the pupil, the board, in a 57019
written communication to the parent, guardian, or other person in 57020
charge of the pupil, shall state the reasons for declining the 57021
request.57022

       Sec. 3328.01.  As used in this chapter:57023

       (A) "Child with a disability," "IEP," and "school district of 57024
residence" have the same meanings as in section 3323.01 of the 57025
Revised Code.57026

       (B) "Eligible student" means a student who is entitled to 57027
attend school in a participating school district; is at risk of 57028
academic failure; is from a family whose income is below two 57029
hundred per cent of the federal poverty guidelines, as defined in 57030
section 5101.46 of the Revised Code; meets any additional criteria 57031
prescribed by agreement between the state board of education and 57032
the operator of the college-preparatory boarding school in which 57033
the student seeks enrollment; and meets at least two of the 57034
following additional conditions:57035

       (1) The student has a record of in-school disciplinary 57036
actions, suspensions, expulsions, or truancy.57037

       (2) The student has not attained at least a proficient score 57038
on the state achievement assessments in English language arts, 57039
reading, or mathematics prescribed under section 3301.0710 of the 57040
Revised Code, after those assessments have been administered to 57041
the student at least once, or the student has not attained at 57042
least a score designated by the board of trustees of the 57043
college-preparatory boarding school in which the student seeks 57044
enrollment under this chapter on an end-of-course examination in 57045
English language arts or mathematics prescribed under section 57046
3301.0712 of the Revised Code.57047

       (3) The student is a child with a disability.57048

       (4) The student has been referred for academic intervention 57049
services.57050

       (5) The student's head of household is a single parent. As 57051
used in this division and in division (B)(6) of this section, 57052
"head of household" means a person who occupies the same household 57053
as the student and who is financially responsible for the student.57054

       (6) The student's head of household is not the student's 57055
custodial parent.57056

       (7) A member of the student's family has been imprisoned, as 57057
defined in section 1.05 of the Revised Code.57058

       (C) "Entitled to attend school" means entitled to attend 57059
school in a school district under section 3313.64 or 3313.65 of 57060
the Revised Code.57061

       (D) "Operator" means the operator of a college-preparatory 57062
boarding school selected under section 3328.11 of the Revised 57063
Code.57064

       (E) "Participating school district" means either of the 57065
following: 57066

       (1) The school district in which a college-preparatory 57067
boarding school established under this chapter is located;57068

       (2) A school district other than one described in division 57069
(E)(1) of this section that, pursuant to procedures adopted by the 57070
state board of education under section 3328.04 of the Revised 57071
Code, agrees to be a participating school district so that 57072
eligible students entitled to attend school in that district may 57073
enroll in a college-preparatory boarding school established under 57074
this chapter.57075

       Sec. 3328.02. Each college-preparatory boarding school 57076
established under this chapter is a public school and is part of 57077
the state's program of education, subject to a charter granted by 57078
the state board of education under section 3301.16 of the Revised 57079
Code.57080

       Sec. 3328.03. In accordance with Section 22 of Article II, 57081
Ohio Constitution, no agreement or contract entered into under 57082
this chapter shall create an obligation of state funds for a 57083
period longer than two years; however, the general assembly, every 57084
two years, may authorize renewal of any such obligation.57085

       Sec. 3328.04.  The city, exempted village, or local school 57086
district in which a college-preparatory boarding school 57087
established under this chapter is located is a participating 57088
school district under this chapter. Any other city, exempted 57089
village, or local school district may agree to be a participating 57090
school district. The state board of education shall adopt 57091
procedures for districts to agree to be participating school 57092
districts.57093

       Sec. 3328.11. (A) In accordance with the procedures 57094
prescribed in division (B) of this section, the state board of 57095
education shall select a private nonprofit corporation that meets 57096
the following qualifications to operate each college-preparatory 57097
boarding school established under this chapter:57098

       (1) The corporation has experience operating a school or 57099
program similar to the schools authorized under this chapter.57100

       (2) The school or program described in division (A)(1) of 57101
this section has demonstrated to the satisfaction of the state 57102
board success in improving the academic performance of students.57103

       (3) The corporation has demonstrated to the satisfaction of 57104
the state board that the corporation has the capacity to secure 57105
private funds for the development of the school authorized under 57106
this chapter.57107

       (B)(1) Not later than sixty days after the effective date of 57108
this section, the state board shall issue a request for proposals 57109
from private nonprofit corporations qualified to operate a 57110
college-preparatory boarding school established under this 57111
chapter. If the state board subsequently determines that the 57112
establishment of one or more additional college-preparatory 57113
boarding schools is advisable, the state board shall issue 57114
requests for proposals from private nonprofit corporations 57115
qualified to operate those additional schools.57116

       In all cases, the state board shall select the school's 57117
operator from among the qualified responders within one hundred 57118
eighty days after the issuance of the request for proposals. If no 57119
qualified responder submits a proposal, the state board may issue 57120
another request for proposals.57121

       (2) Each proposal submitted to the state board shall contain 57122
the following information:57123

       (a) The proposed location of the college-preparatory boarding 57124
school, which may differ from any location recommended by the 57125
state board in the request for proposals;57126

       (b) A plan for offering grade five or six in the school's 57127
initial year of operation and a plan for increasing the grade 57128
levels offered by the school in subsequent years;57129

       (c) Any other information about the proposed educational 57130
program, facilities, or operations of the school considered 57131
necessary by the state board.57132

       Sec. 3328.12.  The state board of education shall enter into 57133
a contract with the operator of each college-preparatory boarding 57134
school established under this chapter. The contract shall 57135
stipulate the following:57136

       (A) The school may operate only if and to the extent the 57137
school holds a valid charter granted by the state board under 57138
section 3301.16 of the Revised Code.57139

       (B) The operator shall oversee the acquisition of a facility 57140
for the school.57141

       (C) The operator shall operate the school in accordance with 57142
the terms of the proposal accepted by the state board under 57143
section 3328.11 of the Revised Code, including the plan for 57144
increasing the grade levels offered by the school.57145

       (D) The school shall comply with the provisions of this 57146
chapter.57147

       (E) The school shall comply with any other provisions of law 57148
specified in the contract, the charter granted by the state board, 57149
and the rules adopted by the state board under section 3328.50 of 57150
the Revised Code.57151

       (F) The school shall comply with the bylaws adopted by the 57152
operator under section 3328.13 of the Revised Code.57153

       (G) The school shall meet the academic goals and other 57154
performance standards specified in the contract. 57155

       (H) The state board or the operator may terminate the 57156
contract in accordance with the procedures specified in the 57157
contract, which shall include at least a requirement that the 57158
party seeking termination give prior notice of the intent to 57159
terminate the contract and a requirement that the party receiving 57160
such notice be granted an opportunity to redress any grievances 57161
cited in the notice prior to the termination.57162

       (I) If the school closes for any reason, the school's board 57163
of trustees shall execute the closing in the manner specified in 57164
the contract.57165

       Sec. 3328.13. Each operator of a college-preparatory boarding 57166
school established under this chapter shall adopt bylaws for the 57167
oversight and operation of the school that are consistent with the 57168
provisions of this chapter, the rules adopted under section 57169
3328.50 of the Revised Code, the contract between the operator and 57170
the state board of education, and the charter granted to the 57171
school by the state board. The bylaws shall include procedures for 57172
the appointment of members of the school's board of trustees, 57173
whose terms of office shall be as prescribed in section 3328.15 of 57174
the Revised Code. The bylaws also shall include standards for the 57175
admission of students to the school and their dismissal from the 57176
school. The bylaws shall be subject to the approval of the state 57177
board.57178

       Sec. 3328.14. Each operator of a college-preparatory boarding 57179
school established under this chapter shall adopt a program of 57180
outreach to inform every city, local, and exempted village school 57181
district about the school and the procedures for admission to the 57182
school and for becoming a participating school district.57183

       Sec. 3328.15.  (A) Each college-preparatory boarding school 57184
established under this chapter shall be governed by a board of 57185
trustees consisting of up to twenty-five members. Five of those 57186
members shall be appointed by the governor, with the advice and 57187
consent of the senate. The governor's appointments may be based on 57188
nonbinding recommendations made by the superintendent of public 57189
instruction. The remaining members shall be appointed pursuant to 57190
the bylaws adopted under section 3328.13 of the Revised Code.57191

       (B) The terms of office of the initial members shall be as 57192
follows:57193

       (1) Two members appointed by the governor shall serve for an 57194
initial term of three years.57195

       (2) Two members appointed by the governor shall serve for an 57196
initial term of two years.57197

       (3) One member appointed by the governor shall serve for an 57198
initial term of one year.57199

       (4) One-third of the members appointed pursuant to the 57200
bylaws, rounded down to the nearest whole number, shall serve for 57201
an initial term of three years.57202

       (5) One-third of the members appointed pursuant to the 57203
bylaws, rounded down to the nearest whole number, shall serve for 57204
an initial term of two years.57205

       (6) One-third of the members appointed pursuant to the 57206
bylaws, rounded down to the nearest whole number, shall serve for 57207
an initial term of one year.57208

       (7) Any remaining members appointed pursuant to the bylaws 57209
shall serve for an initial term of one year.57210

       Thereafter the terms of office of all members shall be for 57211
three years.57212

       The beginning date and ending date of terms of office shall 57213
be as prescribed in the bylaws adopted under section 3328.13 of 57214
the Revised Code.57215

       (C) Vacancies on the board shall be filled in the same manner 57216
as the initial appointments. A member appointed to an unexpired 57217
term shall serve for the remainder of that term and may be 57218
reappointed subject to division (D) of this section.57219

       (D) No member may serve for more than three consecutive 57220
three-year terms.57221

       (E) The officers of the board shall be selected by and from 57222
among the members of the board.57223

       (F) Compensation for the members of the board, if any, shall 57224
be as prescribed in the bylaws adopted under section 3328.13 of 57225
the Revised Code.57226

       Sec. 3328.17. Employees of a college-preparatory boarding 57227
school established under this chapter may organize and 57228
collectively bargain pursuant to Chapter 4117. of the Revised 57229
Code. Notwithstanding division (D)(1) of section 4117.06 of the 57230
Revised Code, a unit containing teaching and nonteaching employees 57231
employed under this section may be considered an appropriate unit.57232

       Sec. 3328.18. (A) As used in this section, "license" has the 57233
same meaning as in section 3319.31 of the Revised Code.57234

       (B) If a person who is employed by a college-preparatory 57235
boarding school established under this chapter or its operator is 57236
arrested, summoned, or indicted for an alleged violation of an 57237
offense listed in division (C) of section 3319.31 of the Revised 57238
Code, if the person holds a license, or an offense listed in 57239
division (B)(1) of section 3319.39 of the Revised Code, if the 57240
person does not hold a license, the chief administrator of the 57241
school in which that person works shall suspend that person from 57242
all duties that require the care, custody, or control of a child 57243
during the pendency of the criminal action against the person. If 57244
the person who is arrested, summoned, or indicted for an alleged 57245
violation of an offense listed in division (C) of section 3319.31 57246
or division (B)(1) of section 3319.39 of the Revised Code is the 57247
chief administrator of the school, the board of trustees of the 57248
school shall suspend the chief administrator from all duties that 57249
require the care, custody, or control of a child.57250

       (C) When a person who holds a license is suspended in 57251
accordance with this section, the chief administrator or board 57252
that imposed the suspension promptly shall report the person's 57253
suspension to the department of education. The report shall 57254
include the offense for which the person was arrested, summoned, 57255
or indicted.57256

       Sec. 3328.19.  (A) As used in this section:57257

       (1) "Conduct unbecoming to the teaching profession" shall be 57258
as described in rules adopted by the state board of education.57259

       (2) "Intervention in lieu of conviction" means intervention 57260
in lieu of conviction under section 2951.041 of the Revised Code.57261

       (3) "License" has the same meaning as in section 3319.31 of 57262
the Revised Code.57263

       (4) "Pre-trial diversion program" means a pre-trial diversion 57264
program under section 2935.36 of the Revised Code or a similar 57265
diversion program under rules of a court.57266

       (B) The chief administrator of each college-preparatory 57267
boarding school established under this chapter, or the president 57268
or chairperson of the board of trustees of the school if division 57269
(C) of this section applies, shall promptly submit to the 57270
superintendent of public instruction the information prescribed in 57271
division (D) of this section when any of the following conditions 57272
applies to a person employed to work in the school who holds a 57273
license issued by the state board of education:57274

       (1) The chief administrator, or president or chairperson, 57275
knows that the employee has pleaded guilty to, has been found 57276
guilty by a jury or court of, has been convicted of, has been 57277
found to be eligible for intervention in lieu of conviction for, 57278
or has agreed to participate in a pre-trial diversion program for 57279
an offense described in division (B)(2) or (C) of section 3319.31 57280
or division (B)(1) of section 3319.39 of the Revised Code.57281

       (2) The board of trustees of the school, or the operator, has 57282
initiated termination or nonrenewal proceedings against, has 57283
terminated, or has not renewed the contract of the employee 57284
because the board or operator has reasonably determined that the 57285
employee has committed an act that is unbecoming to the teaching 57286
profession or an offense described in division (B)(2) or (C) of 57287
section 3319.31 or division (B)(1) of section 3319.39 of the 57288
Revised Code.57289

       (3) The employee has resigned under threat of termination or 57290
nonrenewal as described in division (B)(2) of this section.57291

       (4) The employee has resigned because of or in the course of 57292
an investigation by the board or operator regarding whether the 57293
employee has committed an act that is unbecoming to the teaching 57294
profession or an offense described in division (B)(2) or (C) of 57295
section 3319.31 or division (B)(1) of section 3319.39 of the 57296
Revised Code.57297

       (C) If the employee to whom any of the conditions prescribed 57298
in divisions (B)(1) to (4) of this section applies is the chief 57299
administrator of the school, the president or chairperson of the 57300
board of trustees of the school shall make the report required 57301
under this section.57302

       (D) If a report is required under this section, the chief 57303
administrator, or president or chairperson, shall submit to the 57304
superintendent of public instruction the name and social security 57305
number of the employee about whom the information is required and 57306
a factual statement regarding any of the conditions prescribed in 57307
divisions (B)(1) to (4) of this section that apply to the 57308
employee.57309

       (E) A determination made by the board or operator as 57310
described in division (B)(2) of this section or a termination, 57311
nonrenewal, resignation, or other separation described in 57312
divisions (B)(2) to (4) of this section does not create a 57313
presumption of the commission or lack of the commission by the 57314
employee of an act unbecoming to the teaching profession or an 57315
offense described in division (B)(2) or (C) of section 3319.31 or 57316
division (B)(1) of section 3319.39 of the Revised Code.57317

       (F) No individual required to submit a report under division 57318
(B) of this section shall knowingly fail to comply with that 57319
division.57320

       (G) An individual who provides information to the 57321
superintendent of public instruction in accordance with this 57322
section in good faith shall be immune from any civil liability 57323
that otherwise might be incurred or imposed for injury, death, or 57324
loss to person or property as a result of the provision of that 57325
information.57326

       Sec. 3328.191.  The board of trustees of each 57327
college-preparatory boarding school established under this chapter 57328
shall require that the reports of any investigation by the board 57329
or by the school's operator of an employee who works in the 57330
school, regarding whether the employee has committed an act or 57331
offense for which the chief administrator of the school or the 57332
president or chairperson of the board is required to make a report 57333
to the superintendent of public instruction under section 3328.19 57334
of the Revised Code, be kept in the employee's personnel file. If, 57335
after an investigation under division (A) of section 3319.311 of 57336
the Revised Code, the superintendent of public instruction 57337
determines that the results of that investigation do not warrant 57338
initiating action under section 3319.31 of the Revised Code, the 57339
board shall require the reports of the investigation to be moved 57340
from the employee's personnel file to a separate public file.57341

       Sec. 3328.192.  Notwithstanding any provision to the contrary 57342
in Chapter 4117. of the Revised Code, the provisions of sections 57343
3328.19 and 3328.191 of the Revised Code prevail over any 57344
conflicting provisions of a collective bargaining agreement or 57345
contract for employment entered into on or after the effective 57346
date of this section.57347

       Sec. 3328.193.  (A) As used in this section, "license" has 57348
the same meaning as in section 3319.31 of the Revised Code.57349

       (B) No employee of a college-preparatory boarding school 57350
established under this chapter or its operator shall do either of 57351
the following:57352

       (1) Knowingly make a false report to the chief administrator 57353
of the school, or the chief administrator's designee, alleging 57354
misconduct by another employee of the school or its operator;57355

       (2) Knowingly cause the chief administrator, or the chief 57356
administrator's designee, to make a false report of the alleged 57357
misconduct to the superintendent of public instruction or the 57358
state board of education.57359

       (C) Any employee of a college-preparatory boarding school 57360
established under this chapter or its operator who in good faith 57361
reports to the chief administrator of the school, or the chief 57362
administrator's designee, information about alleged misconduct 57363
committed by another employee of the school or operator shall be 57364
immune from any civil liability that otherwise might be incurred 57365
or imposed for injury, death, or loss to person or property as a 57366
result of the reporting of that information.57367

       If the alleged misconduct involves a person who holds a 57368
license but the chief administrator is not required to submit a 57369
report to the superintendent of public instruction under section 57370
3328.19 of the Revised Code and the chief administrator, or the 57371
chief administrator's designee, in good faith reports the alleged 57372
misconduct to the superintendent of public instruction or the 57373
state board, the chief administrator, or the chief administrator's 57374
designee, shall be immune from any civil liability that otherwise 57375
might be incurred or imposed for injury, death, or loss to person 57376
or property as a result of the reporting of that information.57377

       (D)(1) In any civil action brought against a person in which 57378
it is alleged and proved that the person violated division (B) of 57379
this section, the court shall award the prevailing party 57380
reasonable attorney's fees and costs that the prevailing party 57381
incurred in the civil action or as a result of the false report 57382
that was the basis of the violation.57383

       (2) If a person is convicted of or pleads guilty to a 57384
violation of division (B) of this section, if the subject of the 57385
false report that was the basis of the violation was charged with 57386
any violation of a law or ordinance as a result of the false 57387
report, and if the subject of the false report is found not to be 57388
guilty of the charges brought against the subject as a result of 57389
the false report or those charges are dismissed, the court that 57390
sentences the person for the violation of division (B) of this 57391
section, as part of the sentence, shall order the person to pay 57392
restitution to the subject of the false report, in an amount equal 57393
to reasonable attorney's fees and costs that the subject of the 57394
false report incurred as a result of or in relation to the 57395
charges.57396

       Sec. 3328.20. (A) As used in this section:57397

       (1) "Designated official" means the chief administrator of a 57398
college-preparatory boarding school established under this 57399
chapter, or the chief administrator's designee.57400

       (2) "Essential school services" means services provided by a 57401
private company under contract with a college-preparatory boarding 57402
school established under this chapter that the chief administrator 57403
of the school has determined are necessary for the operation of 57404
the school and that would need to be provided by persons employed 57405
by the school or its operator if the services were not provided by 57406
the private company.57407

       (3) "License" has the same meaning as in section 3319.31 of 57408
the Revised Code.57409

       (B) This section applies to any person who is an employee of 57410
a private company under contract with a college-preparatory 57411
boarding school established under this chapter to provide 57412
essential school services and who will work in the school in a 57413
position that does not require a license issued by the state board 57414
of education, is not for the operation of a vehicle for pupil 57415
transportation, and that involves routine interaction with a child 57416
or regular responsibility for the care, custody, or control of a 57417
child.57418

       (C) No college-preparatory boarding school established under 57419
this chapter shall permit a person to whom this section applies to 57420
work in the school, unless one of the following applies to the 57421
person:57422

       (1) The person's employer presents proof of both of the 57423
following to the designated official:57424

       (a) That the person has been the subject of a criminal 57425
records check conducted in accordance with division (D) of this 57426
section within the five-year period immediately prior to the date 57427
on which the person will begin working in the school;57428

       (b) That the criminal records check indicates that the person 57429
has not been convicted of or pleaded guilty to any offense 57430
described in division (B)(1) of section 3319.39 of the Revised 57431
Code.57432

       (2) During any period of time in which the person will have 57433
routine interaction with a child or regular responsibility for the 57434
care, custody, or control of a child, the designated official has 57435
arranged for an employee of the school to be present in the same 57436
room with the child or, if outdoors, to be within a thirty-yard 57437
radius of the child or to have visual contact with the child.57438

       (D) Any private company that has been hired or seeks to be 57439
hired by a college-preparatory boarding school established under 57440
this chapter to provide essential school services may request the 57441
bureau of criminal identification and investigation to conduct a 57442
criminal records check of any of its employees for the purpose of 57443
complying with division (C)(1) of this section. Each request for a 57444
criminal records check under this division shall be made to the 57445
superintendent of the bureau in the manner prescribed in section 57446
3319.39 of the Revised Code. Upon receipt of a request, the bureau 57447
shall conduct the criminal records check in accordance with 57448
section 109.572 of the Revised Code as if the request had been 57449
made under section 3319.39 of the Revised Code.57450

       Notwithstanding division (H) of section 109.57 of the Revised 57451
Code, the private company may share the results of any criminal 57452
records check conducted under this division with the designated 57453
official for the purpose of complying with division (C)(1) of this 57454
section, but in no case shall the designated official release that 57455
information to any other person.57456

       Sec. 3328.21. (A) Any eligible student may apply for 57457
admission to a college-preparatory boarding school established 57458
under this chapter in a grade level offered by the school that is 57459
appropriate for the student and shall be admitted to the school in 57460
that grade level to the extent the student's admission is within 57461
the capacity of the school as established by the school's board of 57462
trustees, subject to division (B) of this section. If more 57463
eligible students apply for admission than the number of students 57464
permitted by the capacity established by the board of trustees, 57465
admission shall be by lot.57466

       (B) In the first year of operation, each school established 57467
under this chapter shall offer only grade five or six and shall 57468
not admit more than eighty students to the school. In each 57469
subsequent year of operation, the school may add additional grade 57470
levels as specified in the contract under section 3328.12 of the 57471
Revised Code, but at no time shall the school's total student 57472
population exceed four hundred students.57473

       Sec. 3328.22.  The educational program of a 57474
college-preparatory boarding school established under this chapter 57475
shall include at least all of the following:57476

       (A) A remedial curriculum for students in grades lower than 57477
grade nine;57478

       (B) A college-preparatory curriculum for high school students 57479
that, at a minimum, shall comply with section 3313.603 of the 57480
Revised Code as that section applies to school districts;57481

       (C) Extracurricular activities, including athletic and 57482
cultural activities;57483

       (D) College admission counseling;57484

       (E) Health and mental health services;57485

       (F) Tutoring services;57486

       (G) Community services opportunities;57487

       (H) A residential student life program.57488

       Sec. 3328.23.  (A) A college-preparatory boarding school 57489
established under this chapter and the school's operator shall 57490
comply with Chapter 3323. of the Revised Code as if the school 57491
were a school district. For each child with a disability enrolled 57492
in the school for whom an IEP has been developed, the school and 57493
its operator shall verify in the manner prescribed by the 57494
department of education that the school is providing the services 57495
required under the child's IEP.57496

       (B) The school district in which a child with a disability 57497
enrolled in the college-preparatory boarding school is entitled to 57498
attend school and the child's school district of residence, if 57499
different, are not obligated to provide the student with a free 57500
appropriate public education under Chapter 3323. of the Revised 57501
Code for as long as the child is enrolled in the 57502
college-preparatory boarding school.57503

       Sec. 3328.24. A college-preparatory boarding school 57504
established under this chapter, its operator, and its board of 57505
trustees shall comply with sections 3301.0710, 3301.0711, 57506
3301.0712, 3301.0714, 3319.39, and 3319.391 of the Revised Code as 57507
if the school and the operator were a school district and the 57508
school's board of trustees were a district board of education.57509

       Sec. 3328.25.  (A) The board of trustees of a 57510
college-preparatory boarding school established under this chapter 57511
shall grant a diploma to any student enrolled in the school to 57512
whom all of the following apply:57513

       (1) The student has successfully completed the school's high 57514
school curriculum or the IEP developed for the student by the 57515
school pursuant to section 3323.08 of the Revised Code or has 57516
qualified under division (D) or (F) of section 3313.603 of the 57517
Revised Code, provided that the school shall not require a student 57518
to remain in school for any specific number of semesters or other 57519
terms if the student completes the required curriculum early.57520

       (2) Subject to section 3313.614 of the Revised Code, the 57521
student has met the assessment requirements of division (A)(2)(a) 57522
or (b) of this section, as applicable.57523

       (a) If the student entered ninth grade prior to the date 57524
prescribed by rule of the state board of education under division 57525
(E)(2) of section 3301.0712 of the Revised Code, the student 57526
either:57527

       (i) Has attained at least the applicable scores designated 57528
under division (B)(1) of section 3301.0710 of the Revised Code on 57529
all the assessments prescribed by that division unless division 57530
(L) of section 3313.61 of the Revised Code applies to the student;57531

       (ii) Has satisfied the alternative conditions prescribed in 57532
section 3313.615 of the Revised Code.57533

       (b) If the person entered ninth grade on or after the date 57534
prescribed by rule of the state board under division (E)(2) of 57535
section 3301.0712 of the Revised Code, the student has attained on 57536
the entire assessment system prescribed under division (B)(2) of 57537
section 3301.0710 of the Revised Code at least the required 57538
passing composite score, designated under division (C)(1) of 57539
section 3301.0712 of the Revised Code, except to the extent that 57540
the student is excused from some portion of that assessment system 57541
pursuant to division (L) of section 3313.61 of the Revised Code.57542

       (3) The student is not eligible to receive an honors diploma 57543
granted under division (B) of this section.57544

       No diploma shall be granted under this division to anyone 57545
except as provided in this division.57546

       (B) In lieu of a diploma granted under division (A) of this 57547
section, the board of trustees shall grant an honors diploma, in 57548
the same manner that boards of education of school districts grant 57549
honors diplomas under division (B) of section 3313.61 of the 57550
Revised Code, to any student enrolled in the school who 57551
accomplishes all of the following:57552

       (1) Successfully completes the school's high school 57553
curriculum or the IEP developed for the student by the school 57554
pursuant to section 3323.08 of the Revised Code;57555

       (2) Subject to section 3313.614 of the Revised Code, has met 57556
the assessment requirements of division (B)(2)(a) or (b) of this 57557
section, as applicable.57558

       (a) If the student entered ninth grade prior to the date 57559
prescribed by rule of the state board under division (E)(2) of 57560
section 3301.0712 of the Revised Code, the student either:57561

       (i) Has attained at least the applicable scores designated 57562
under division (B)(1) of section 3301.0710 of the Revised Code on 57563
all the assessments prescribed under that division;57564

       (ii) Has satisfied the alternative conditions prescribed in 57565
section 3313.615 of the Revised Code.57566

       (b) If the person entered ninth grade on or after the date 57567
prescribed by rule of the state board under division (E)(2) of 57568
section 3301.0712 of the Revised Code, the student has attained on 57569
the entire assessment system prescribed under division (B)(2) of 57570
section 3301.0710 of the Revised Code at least the required 57571
passing composite score, designated under division (C)(1) of 57572
section 3301.0712 of the Revised Code.57573

       (3) Has met the additional criteria for granting an honors 57574
diploma prescribed by the state board under division (B) of 57575
section 3313.61 of the Revised Code for the granting of honors 57576
diplomas by school districts.57577

       An honors diploma shall not be granted to a student who is 57578
subject to the Ohio core curriculum prescribed in division (C) of 57579
section 3313.603 of the Revised Code but elects the option of 57580
division (D) or (F) of that section. No honors diploma shall be 57581
granted to anyone failing to comply with this division, and not 57582
more than one honors diploma shall be granted to any student under 57583
this division.57584

       (C) A diploma or honors diploma awarded under this section 57585
shall be signed by the presiding officer of the board of trustees. 57586
Each diploma shall bear the date of its issue and be in such form 57587
as the board of trustees prescribes.57588

       (D) Upon granting a diploma to a student under this section, 57589
the presiding officer of the board of trustees shall provide 57590
notice of receipt of the diploma to the board of education of the 57591
city, exempted village, or local school district where the student 57592
is entitled to attend school when not residing at the 57593
college-preparatory boarding school. The notice shall indicate the 57594
type of diploma granted.57595

       Sec. 3328.26.  (A) The department of education shall issue an 57596
annual report card for each college-preparatory boarding school 57597
established under this chapter that includes all information 57598
applicable to school buildings under section 3302.03 of the 57599
Revised Code.57600

       (B) For each student enrolled in the school, the department 57601
shall combine data regarding the academic performance of that 57602
student with comparable data from the school district in which the 57603
student is entitled to attend school for the purpose of 57604
calculating the performance of the district as a whole on the 57605
report card issued for the district under section 3302.03 of the 57606
Revised Code.57607

       (C) Each college-preparatory boarding school and its operator 57608
shall comply with sections 3302.04 and 3302.041 of the Revised 57609
Code, except that any action required to be taken by a school 57610
district pursuant to those sections shall be taken by the school.57611

       Sec. 3328.41.  Each participating school district shall be 57612
responsible for providing transportation on a weekly basis for 57613
each student enrolled in a college-preparatory boarding school 57614
established under this chapter who is entitled to attend school in 57615
the district to and from that college-preparatory boarding school.57616

       Sec. 3328.45.  (A) If the state board of education determines 57617
that a college-preparatory boarding school established under this 57618
chapter is not in compliance with any provision of this chapter or 57619
the terms of the contract entered into under section 3328.12 of 57620
the Revised Code, or that the school has failed to meet the 57621
academic goals or performance standards specified in that 57622
contract, the state board may initiate the termination procedures 57623
specified in the contract. No termination shall take effect prior 57624
to the end of a school year. Upon the effective date of a 57625
termination, the school shall close.57626

       (B) If a college-preparatory boarding school is required to 57627
close under division (A) of this section or closes for any other 57628
reason, the school's board of trustees shall execute the closing 57629
as provided in the contract under section 3328.12 of the Revised 57630
Code.57631

       Sec. 3328.50.  The state board of education shall adopt rules 57632
in accordance with Chapter 119. of the Revised Code prescribing 57633
procedures necessary for the implementation of this chapter.57634

       Sec. 3328.99. (A) Whoever violates division (F) of section 57635
3328.19 of the Revised Code shall be punished as follows:57636

       (1) Except as otherwise provided in division (A)(2) of this 57637
section, the person is guilty of a misdemeanor of the fourth 57638
degree.57639

       (2) The person is guilty of a misdemeanor of the first degree 57640
if both of the following conditions apply:57641

       (a) The employee who is the subject of the report that the 57642
person fails to submit was required to be reported for the 57643
commission or alleged commission of an act or offense involving 57644
the infliction on a child of any physical or mental wound, injury, 57645
disability, or condition of a nature that constitutes abuse or 57646
neglect of the child.57647

       (b) During the period between the violation of division (F) 57648
of section 3328.19 of the Revised Code and the conviction of or 57649
plea of guilty by the person for that violation, the employee who 57650
is the subject of the report that the person fails to submit 57651
inflicts on any child attending a school district, educational 57652
service center, public or nonpublic school, or county board of 57653
developmental disabilities where the employee works any physical 57654
or mental wound, injury, disability, or condition of a nature that 57655
constitutes abuse or neglect of the child.57656

       (B) Whoever violates division (B) of section 3328.193 of the 57657
Revised Code is guilty of a misdemeanor of the first degree.57658

       Sec. 3329.08.  At any regular meeting, the board of education 57659
of each local school district, from lists adopted by the 57660
educational service center governing board, and the board of 57661
education of each, city, and exempted village school district 57662
shall determine by a majority vote of all members elected or 57663
appointed under division (B) or (F) of section 3311.71 of the 57664
Revised Code which of such textbooks or electronic textbooks so 57665
filed shall be used in the schools under its control. 57666

       Sec. 3331.01. (A) As used in this chapter:57667

       (1) "Superintendent" or "superintendent of schools" of a 57668
school district means the person employed as the superintendent or 57669
that person's designee. In the case of a local school district, 57670
such designee may be the superintendent of the educational service 57671
center to which the school district belongs.57672

       (2) "Chief administrative officer" means the chief 57673
administrative officer of a nonpublic or community school or that 57674
person's designee.57675

       (B)(1) Except as provided in division (B)(2) of this section, 57676
an age and schooling certificate may be issued only by the 57677
superintendent of the city, local, joint vocational, or exempted 57678
village school district in which the child in whose name such 57679
certificate is issued resides or by the chief administrative 57680
officer of the nonpublic or community school the child attends, 57681
and only upon satisfactory proof that the child to whom the 57682
certificate is issued is at least fourteen years of age.57683

       (2) A child who resides in this state shall apply for an age 57684
and schooling certificate to the superintendent of the school 57685
district in which the child resides, or to the chief 57686
administrative officer of the school that the child attends. 57687
Residents of other states who work in Ohio shall apply to the 57688
superintendent of the school district in which the place of 57689
employment is located, as a condition of employment or service.57690

       (C) Any such age and schooling certificate may be issued only 57691
upon satisfactory proof that the employment contemplated by the 57692
child is not prohibited by any law regulating the employment of 57693
such children. Section 4113.08 of the Revised Code does not apply 57694
to such employer in respect to such child while engaged in an 57695
employment legal for a child of the age stated therein.57696

       (D) Age and schooling certificate forms shall be approved by 57697
the state board of education, including forms submitted 57698
electronically. Forms shall not display the social security number 57699
of the child. Except as otherwise provided in this section, every 57700
application for an age and schooling certificate must be signed in 57701
the presence of the officer issuing it by the child in whose name 57702
it is issued.57703

       (E) A child shall furnish the superintendent or chief 57704
administrative officer all information required by this chapter in 57705
support of the issuance of a certificate.57706

       (F) On and after September 1, 2002, each superintendent and 57707
chief administrative officer who issues an age and schooling 57708
certificate shall file electronically the certificate with the 57709
director of commerce in accordance with rules adopted by the 57710
director of administrative services pursuant to section 1306.21 of 57711
the Revised Code. On and after September 1, 2002, only 57712
electronically filed certificates are valid to satisfy the 57713
requirements of Chapter 4109. of the Revised Code.57714

       Sec. 3333.03.  (A) The governor, with the advice and consent 57715
of the senate, shall appoint the chancellor of the Ohio board of 57716
regents. The governor may remove the chancellor in accordance with 57717
section 3.04 of the Revised Code, except that the removal shall 57718
not require the advice and consent of the senate. The chancellor 57719
shall serve at the pleasure of the governor, and the governor 57720
shall prescribe the chancellor's duties in addition to the 57721
chancellor's duties prescribed by law. In no case shall the 57722
chancellor assume any duties prescribed by the governor or law 57723
until the senate has consented to the chancellor's appointment.57724
The governor shall fix the compensation for the chancellor. The 57725
chancellor shall be a member of the governor's cabinet.57726

       (B) The term of office of the chancellor shall be five years. 57727
Any person appointed chancellor to fill a vacancy occurring prior 57728
to the expiration of the term for which the predecessor was 57729
appointed shall hold office for the remainder of that term. Any 57730
vacancy in the office shall be filled within sixty days after the 57731
vacancy occurs. Each chancellor shall continue in office 57732
subsequent to the expiration date of the term for which the 57733
chancellor was appointed until a successor takes office, or until 57734
a period of sixty days has elapsed, whichever occurs first. The 57735
chancellor may be reappointed.The term of the chancellor in 57736
office on the effective date of this amendment shall coincide with 57737
the term of that chancellor's appointing governor. Subsequent 57738
appointments to the office of chancellor shall be made pursuant to 57739
division (A) of this section.57740

       (C) The chancellor is responsible for appointing and fixing 57741
the compensation of all professional, administrative, and clerical 57742
employees and staff members necessary to assist in the performance 57743
of the chancellor's duties. All employees and staff shall serve at 57744
the chancellor's pleasure.57745

       (D) The chancellor shall be a person qualified by training 57746
and experience to understand the problems and needs of the state 57747
in the field of higher education and to devise programs, plans, 57748
and methods of solving the problems and meeting the needs.57749

       (E) Neither the chancellor nor any staff member or employee 57750
of the chancellor shall be a trustee, officer, or employee of any 57751
public or private college or university while serving as 57752
chancellor, staff member, or employee.57753

       Sec. 3333.043.  (A) As used in this section:57754

       (1) "Institution of higher education" means the state 57755
universities listed in section 3345.011 of the Revised Code, 57756
municipal educational institutions established under Chapter 3349. 57757
of the Revised Code, community colleges established under Chapter 57758
3354. of the Revised Code, university branches established under 57759
Chapter 3355. of the Revised Code, technical colleges established 57760
under Chapter 3357. of the Revised Code, state community colleges 57761
established under Chapter 3358. of the Revised Code, any 57762
institution of higher education with a certificate of registration 57763
from the state board of career colleges and schools, and any 57764
institution for which the chancellor of the Ohio board of regents 57765
receives a notice pursuant to division (C) of this section.57766

       (2) "Community service" has the same meaning as in section 57767
3313.605 of the Revised Code.57768

       (B)(1) The board of trustees or other governing entity of 57769
each institution of higher education shall encourage and promote 57770
participation of students in community service through a program 57771
appropriate to the mission, student population, and environment of 57772
each institution. The program may include, but not be limited to, 57773
providing information about community service opportunities during 57774
student orientation or in student publications; providing awards 57775
for exemplary community service; encouraging faculty members to 57776
incorporate community service into students' academic experiences 57777
wherever appropriate to the curriculum; encouraging recognized 57778
student organizations to undertake community service projects as 57779
part of their purposes; and establishing advisory committees of 57780
students, faculty members, and community and business leaders to 57781
develop cooperative programs that benefit the community and 57782
enhance student experience. The program shall be flexible in 57783
design so as to permit participation by the greatest possible 57784
number of students, including part-time students and students for 57785
whom participation may be difficult due to financial, academic, 57786
personal, or other considerations. The program shall emphasize 57787
community service opportunities that can most effectively use the 57788
skills of students, such as tutoring or literacy programs. The 57789
programs shall encourage students to perform services that will 57790
not supplant the hiring of, result in the displacement of, or 57791
impair any existing employment contracts of any particular 57792
employee of any private or governmental entity for which services 57793
are performed.57794

       (2) The chancellor of the Ohio board of regents shall 57795
encourage all institutions of higher education in the development 57796
of community service programs. With the assistance of the Ohio 57797
communitycommission on service counciland volunteerism created 57798
in section 121.40 of the Revised Code, the chancellor shall make 57799
available information about higher education community service 57800
programs to institutions of higher education and to statewide 57801
organizations involved with or promoting volunteerism, including 57802
information about model community service programs, teacher 57803
training courses, and community service curricula and teaching 57804
materials for possible use by institutions of higher education in 57805
their programs. The chancellor shall encourage institutions of 57806
higher education to jointly coordinate higher education community 57807
service programs through consortia of institutions or other 57808
appropriate means of coordination.57809

       (C) The board of trustees of any nonprofit institution with a 57810
certificate of authorization issued pursuant to Chapter 1713. of 57811
the Revised Code or the governing authority of a private 57812
institution exempt from regulation under Chapter 3332. of the 57813
Revised Code as prescribed in section 3333.046 of the Revised Code 57814
may notify the chancellor that it is making itself subject to 57815
divisions (A) and (B) of this section. Upon receipt of such a 57816
notice, these divisions shall apply to that institution.57817

       Sec. 3333.31.  (A) For state subsidy and tuition surcharge 57818
purposes, status as a resident of Ohio shall be defined by the 57819
chancellor of the Ohio board of regents by rule promulgated 57820
pursuant to Chapter 119. of the Revised Code. No adjudication as 57821
to the status of any person under such rule, however, shall be 57822
required to be made pursuant to Chapter 119. of the Revised Code. 57823
The term "resident" for these purposes shall not be equated with 57824
the definition of that term as it is employed elsewhere under the 57825
laws of this state and other states, and shall not carry with it 57826
any of the legal connotations appurtenant thereto. Rather, except 57827
as provided in divisiondivisions (B) and (D) of this section, for 57828
such purposes, the rule promulgated under this section shall have 57829
the objective of excluding from treatment as residents those who 57830
are present in the state primarily for the purpose of attending a 57831
state-supported or state-assisted institution of higher education, 57832
and may prescribe presumptive rules, rebuttable or conclusive, as 57833
to such purpose based upon the source or sources of support of the 57834
student, residence prior to first enrollment, evidence of 57835
intention to remain in the state after completion of studies, or 57836
such other factors as the chancellor deems relevant.57837

       (B) The rules of the chancellor for determining student 57838
residency shall grant residency status to a veteran and to the 57839
veteran's spouse and any dependent of the veteran, if both of the 57840
following conditions are met:57841

       (1) The veteran either:57842

       (a) Served one or more years on active military duty and was 57843
honorably discharged or received a medical discharge that was 57844
related to the military service;57845

       (b) Was killed while serving on active military duty or has 57846
been declared to be missing in action or a prisoner of war.57847

        (2) If the veteran seeks residency status for tuition 57848
surcharge purposes, the veteran has established domicile in this 57849
state as of the first day of a term of enrollment in an 57850
institution of higher education. If the spouse or a dependent of 57851
the veteran seeks residency status for tuition surcharge purposes, 57852
the veteran and the spouse or dependent seeking residency status 57853
have established domicile in this state as of the first day of a 57854
term of enrollment in an institution of higher education, except 57855
that if the veteran was killed while serving on active military 57856
duty or has been declared to be missing in action or a prisoner of 57857
war, only the spouse or dependent seeking residency status shall 57858
be required to have established domicile in accordance with this 57859
division.57860

        (C) The rules of the chancellor for determining student 57861
residency shall not deny residency status to a student who is 57862
either a dependent child of a parent, or the spouse of a person 57863
who, as of the first day of a term of enrollment in an institution 57864
of higher education, has accepted full-time employment and 57865
established domicile in this state for reasons other than gaining 57866
the benefit of favorable tuition rates.57867

       Documentation of full-time employment and domicile shall 57868
include both of the following documents:57869

       (1) A sworn statement from the employer or the employer's 57870
representative on the letterhead of the employer or the employer's 57871
representative certifying that the parent or spouse of the student 57872
is employed full-time in Ohio;57873

       (2) A copy of the lease under which the parent or spouse is 57874
the lessee and occupant of rented residential property in the 57875
state, a copy of the closing statement on residential real 57876
property of which the parent or spouse is the owner and occupant 57877
in this state or, if the parent or spouse is not the lessee or 57878
owner of the residence in which the parent or spouse has 57879
established domicile, a letter from the owner of the residence 57880
certifying that the parent or spouse resides at that residence.57881

Residency officers may also evaluate, in accordance with the 57882
chancellor's rule, requests for immediate residency status from 57883
dependent students whose parents are not living and whose domicile 57884
follows that of a legal guardian who has accepted full-time 57885
employment and established domicile in the state for reasons other 57886
than gaining the benefit of favorable tuition rates.57887

       (D) The rules of the chancellor for determining student 57888
residency shall grant residency status to a person who, while a 57889
resident of this state for state subsidy and tuition surcharge 57890
purposes, graduated from a high school in this state, if the 57891
person enrolls in an institution of higher education and 57892
establishes domicile in this state within ten years after 57893
graduating from high school, regardless of the student's residence 57894
prior to that enrollment.57895

       (E) "Dependent," "domicile," "institution of higher 57896
education," and "residency officer" have the meanings ascribed in 57897
the chancellor's rules adopted under this section.57898

       Sec. 3333.43.  (A) The chancellor of the Ohio board of 57899
regents shall require all state institutions of higher education 57900
that offer baccalaureate degrees, as a condition of 57901
reauthorization for certification of each baccalaureate program 57902
offered by the institution, to submit a statement describing how 57903
each major for which the school offers a baccalaureate degree may 57904
be completed within three academic years. The chronology of the 57905
statement shall begin with the fall semester of a student's first 57906
year of the baccalaureate program.57907

       (B) The statement required under this section may include, 57908
but not be limited to, any of the following methods to contribute 57909
to earning a baccalaureate degree in three years:57910

       (1) Advanced placement credit;57911

       (2) International baccalaureate program credit;57912

       (3) A waiver of degree and credit-hour requirements by 57913
completion of courses that are widely available at community 57914
colleges in the state or through online programs offered by state 57915
institutions of higher education or private nonprofit institutions 57916
of higher education holding certificates of authorization under 57917
Chapter 1713. of the Revised Code, and through courses taken by 57918
the student through the post-secondary enrollment options program 57919
under Chapter 3365. of the Revised Code;57920

       (4) Completion of coursework during summer sessions;57921

       (5) A waiver of foreign-language degree requirements based on 57922
a proficiency examination specified by the institution.57923

       (C)(1) Not later than October 15, 2012, each state 57924
institution of higher education shall provide statements required 57925
under this section for ten per cent of all baccalaureate degree 57926
programs offered by the institution.57927

       (2) Not later than June 30, 2014, each state institution of 57928
higher education shall provide statements required under this 57929
section for sixty per cent of all baccalaureate degree programs 57930
offered by the institution.57931

       (D) Each state institution of higher education required to 57932
submit statements under this section shall post its three-year 57933
option on its web site and also provide that information to the 57934
department of education. The department shall distribute that 57935
information to the superintendent, high school principal, and 57936
guidance counselor, or equivalents, of each school district, 57937
community school established under Chapter 3314. of the Revised 57938
Code, and STEM school established under Chapter 3326. of the 57939
Revised Code.57940

       (E) Nothing in this section requires an institution to take 57941
any action that would violate the requirements of any independent 57942
association accrediting baccalaureate degree programs.57943

       Sec. 3333.66. (A)(1) Except as provided in division (A)(2) of 57944
this section, in each academic year, no student who receives a 57945
choose Ohio first scholarship shall receive less than one thousand 57946
five hundred dollars or more than one-half of the highest in-state 57947
undergraduate instructional and general fees charged by all state 57948
universities. For this purpose, if Miami university is 57949
implementing the pilot tuition restructuring plan originally 57950
recognized in Am. Sub. H.B. 95 of the 125th general assembly, that 57951
university's instructional and general fees shall be considered to 57952
be the average full-time in-state undergraduate instructional and 57953
general fee amount after taking into account the Ohio resident and 57954
Ohio leader scholarships and any other credit provided to all Ohio 57955
residents.57956

       (2) The chancellor of the Ohio board of regents may authorize 57957
a state university or college or a nonpublic Ohio institution of 57958
higher education to award a choose Ohio first scholarship in an 57959
amount greater than one-half of the highest in-state undergraduate 57960
instructional and general fees charged by all state universities 57961
to either of the following:57962

       (a) Any undergraduate student who qualifies for a scholarship 57963
and is enrolled in a program leading to a teaching profession in 57964
science, technology, engineering, mathematics, or medicine;57965

       (b) Any graduate student who qualifies for a scholarship, if 57966
any initiatives are selected for award under division (B) of this 57967
section.57968

       (B) The chancellor shall encourage state universities and 57969
colleges, alone or in collaboration with other state institutions 57970
of higher education, nonpublic Ohio universities and colleges, or 57971
other public or private Ohio entities, to submit proposals under 57972
the choose Ohio first scholarship program for initiatives that 57973
recruit either of the following:57974

       (1) Ohio residents who enrolled in colleges and universities 57975
in other states or other countries to return to Ohio and enroll in 57976
state universities or colleges as graduate students in the fields 57977
of science, technology, engineering, mathematics, and medicine, or 57978
in the fields of science, technology, engineering, mathematics, or 57979
medical education. If such proposals are submitted and meet the 57980
chancellor's competitive criteria for awards, the chancellor, 57981
subject to approval by the controlling board, shall give at least 57982
one of the proposals preference for an award.57983

       (2) Graduates, or undergraduates who will graduate in time to 57984
participate in the program described in this division by the 57985
subsequent school year, from an Ohio college or university who 57986
received, or will receive, a degree in science, technology, 57987
engineering, mathematics, or medicine to participate in a 57988
graduate-level teacher education masters program in one of those 57989
fields that requires the student to establish a domicile in the 57990
state and to commit to teach for a minimum of three years in a 57991
hard-to-staff school district in the state upon completion of the 57992
master's degree program. The chancellor may require a college or 57993
university to give priority to qualified candidates who graduated 57994
from a high school in this state.57995

       "Hard-to-staff" shall be as defined by the department of 57996
education.57997

       (C) The general assembly intends that money appropriated for 57998
the choose Ohio first scholarship program in each fiscal year be 57999
used for scholarships in the following academic year.58000

       Sec. 3333.81.  As used in sections 3333.81 to 3333.88 of the 58001
Revised Code:58002

       (A) "Clearinghouse" means the clearinghouse established under 58003
section 3333.82 of the Revised Code.58004

       (B) "Community school" means a community school established 58005
under Chapter 3314. of the Revised Code.58006

       (C) "Common statewide platform" means a software program that 58007
facilitates the delivery of courses via computers from multiple 58008
course providers to multiple end users, tracks the progress of the 58009
end user, and includes an integrated searchable database of 58010
standards-based course content.58011

       (D) "Course provider" means a school district, community 58012
school, STEM school, state institution of higher education, 58013
private college or university, or nonprofit or for-profit private 58014
entity that creates or is an agent of the creator of original 58015
course content for a course offered through the clearinghouse.58016

       (E) "Instructor" means an individual who holds a license 58017
issued by the state board of education, as defined in section 58018
3319.31 of the Revised Code, or an individual employed as an 58019
instructor or professor by a state institution of higher education 58020
or a private college or university.58021

       (F) "State institution of higher education" has the same 58022
meaning as in section 3345.011 of the Revised Code.58023

       (G) "STEM school" means a science, technology, engineering, 58024
and mathematics school established under Chapter 3326. of the 58025
Revised Code.58026

       (H) A "student's community school" means the community school 58027
in which the student is enrolled instead of being enrolled in a 58028
school operated by a school district.58029

       (I) A "student's school district" means the school district 58030
operating the school in which the student is lawfully enrolled.58031

       (J) "A student's STEM school" means the STEM school in which 58032
the student is enrolled instead of being enrolled in a school 58033
operated by a school district.58034

       (K) "School district" means a city, exempted village, local, 58035
or joint vocational school district.58036

       Sec. 3333.82.  (A) The chancellor of the Ohio board of 58037
regents shall establish a clearinghouse of interactive distance 58038
learning courses and other distance learning courses delivered via 58039
a computer-based method offered by school districts, community 58040
schools, STEM schools, state institutions of higher education, 58041
private colleges and universities, and other nonprofit and 58042
for-profit course providers for sharing with other school 58043
districts, community schools, STEM schools, state institutions of 58044
higher education, private colleges and universities, and 58045
individuals for the fee set pursuant to section 3333.84 of the 58046
Revised Code. The chancellor shall not be responsible for the 58047
content of courses offered through the clearinghouse; however, all 58048
such courses shall be delivered only in accordance with technical 58049
specifications approved by the chancellor and on a common 58050
statewide platform administered by the chancellor.58051

       The clearinghouse's distance learning program for students in 58052
grades kindergarten to twelve shall be based on the following 58053
principles:58054

       (1) All Ohio students shall have access to high quality 58055
distance learning courses at any point in their educational 58056
careers.58057

       (2) All students shall be able to customize their education 58058
using distance learning courses offered through the clearinghouse 58059
and no student shall be denied access to any course in the 58060
clearinghouse in which the student is eligible to enroll.58061

       (3) Students may take distance learning courses for all or 58062
any portion of their curriculum requirements and may utilize a 58063
combination of distance learning courses and courses taught in a 58064
traditional classroom setting.58065

       (4) Students may earn an unlimited number of academic credits 58066
through distance learning courses.58067

       (5) Students may take distance learning courses at any time 58068
of the calendar year.58069

       (6) Student advancement to higher coursework shall be based 58070
on a demonstration of subject area competency instead of 58071
completion of any particular number of hours of instruction.58072

       (B) To offer a course through the clearinghouse, a course 58073
provider shall apply to the chancellor in a form and manner 58074
prescribed by the chancellor. The application for each course 58075
shall describe the course of study in as much detail as required 58076
by the chancellor, whether an instructor is provided, the 58077
qualification and credentials of the instructor, the number of 58078
hours of instruction, and any other information required by the 58079
chancellor. The chancellor may require course providers to include 58080
in their applications information recommended by the state board 58081
of education under former section 3353.30 of the Revised Code.58082

       (C) The chancellor shall review the technical specifications 58083
of each application submitted under division (B) of this section. 58084
In reviewing applications, the chancellor may consult with the 58085
department of education; however, the responsibility to either 58086
approve or not approve a course for the clearinghouse belongs to 58087
the chancellor. The chancellor may request additional information 58088
from a course provider that submits an application under division 58089
(B) of this section, if the chancellor determines that such 58090
information is necessary. The chancellor may negotiate changes in 58091
the proposal to offer a course, if the chancellor determines that 58092
changes are necessary in order to approve the course.58093

       (D) The chancellor shall catalog each course approved for the 58094
clearinghouse, through a print or electronic medium, displaying 58095
the following:58096

       (1) Information necessary for a student and the student's 58097
parent, guardian, or custodian and the student's school district, 58098
community school, STEM school, college, or university to decide 58099
whether to enroll in or subscribe to the course;58100

       (2) Instructions for enrolling in that course, including 58101
deadlines for enrollment.58102

       (E) Any expenses related to the installation of a course into 58103
the common statewide platform shall be borne by the course 58104
provider. 58105

       (F) The chancellor may contract with an entity to perform any 58106
or all of the chancellor's duties under sections 3333.81 to 58107
3333.88 of the Revised Code.The eTech Ohio commission, in 58108
consultation with the chancellor and the state board, shall 58109
distribute information to students and parents describing the 58110
clearinghouse. The information shall be provided in an easily 58111
understandable format.58112

       Sec. 3333.83.  (A) A student who is enrolled in a school 58113
operated by a school district or in a community school or STEM 58114
school may enroll in a course through the clearinghouse only if 58115
both of the following conditions are satisfied:58116

       (1) The student's enrollment in the course is approved by the 58117
student's school district, community school, or STEM school.58118

       (2) The student's school district, community school, or STEM 58119
school agrees to accept for credit the grade assigned by the 58120
course provider, if that provider is another school district, 58121
community school, or STEM schoolEach school district, community 58122
school, and STEM school shall encourage students to take advantage 58123
of the distance learning opportunities offered through the 58124
clearinghouse and shall assist any student electing to participate 58125
in the clearinghouse with the selection and scheduling of courses 58126
that satisfy the district's or school's curriculum requirements 58127
and promote the student's post-secondary college or career plans.58128

       (B) For each student enrolled in a school operated by a 58129
school district or in a community school or STEM school who is 58130
enrolling in a course provided through the clearinghouse by 58131
another school district, community school, or STEM school, the 58132
student's school district, community school, or STEM school shall 58133
transmit the student's name to the course provider.58134

       The course provider may request from the student's school 58135
district, community school, or STEM school other information from 58136
the student's school record. The district or school shall provide 58137
the requested information only in accordance with section 3319.321 58138
of the Revised Code.58139

       (C) The student's school district, community school, or STEM 58140
school shall determine the manner in which and facilities at which 58141
the student shall participate in the course consistent with 58142
specifications for technology and connectivity adopted by the 58143
chancellor of the Ohio board of regents.58144

       (D) A student may withdraw from a course prior to the end of 58145
the course only by a date and in a manner prescribed by the 58146
student's school district, community school, or STEM school.58147

       (E) A student who is enrolled in a school operated by a 58148
school district or in a community school or STEM school and who 58149
takes a course through the clearinghouse shall be counted in the 58150
formula ADM of a school district under section 3317.03 of the 58151
Revised Code as if the student were taking the course from the 58152
student's school district, community school, or STEM school.58153

       Sec. 3333.84.  (A) The fee charged for any course offered 58154
through the clearinghouse shall be set by the course provider.58155

       (B) The chancellor of the Ohio board of regents shall 58156
prescribe the manner in which the fee for a course shall be 58157
collected or deducted from the school district, school, college or 58158
university, or individual subscribing to the course and in which 58159
manner the fee shall be paid to the course provider.58160

       (C) The chancellor may retain a percentage of the fee charged 58161
for a course to offset the cost of maintaining and operating the 58162
clearinghouse, including the payment of compensation for an entity 58163
or a private entity that is under contract with the chancellor 58164
under division (F) of section 3333.82 of the Revised Code. The 58165
percentage retained shall be determined by the chancellor.58166

       (D) Nothing in this section shall be construed to require the 58167
school district, community school, or STEM school in which a 58168
student is enrolled to pay the fee charged for a course taken by 58169
the student.58170

       Sec. 3333.85. (A) The grade for a student enrolled in a 58171
school operated by a school district or in a community school or 58172
STEM school for a course provided through the clearinghouse by 58173
another school district, community school, or STEM school shall be 58174
assigned by the course provider and shall be transmitted to the 58175
student's school district, community school, or STEM school.58176

       (B) The district or school enrolling the student shall award 58177
the student credit for successful completion of the course. The 58178
credit awarded shall be equivalent to any credit that would be 58179
granted for successful completion of a similar course offered by 58180
the district or school.58181

       (C) No district or school shall prohibit or otherwise limit 58182
any student's access to or participation in courses offered 58183
through the clearinghouse, or refuse to recognize such courses as 58184
fulfilling curriculum requirements, including the requirements for 58185
a high school diploma under section 3313.603 of the Revised Code.58186

       Sec. 3333.87.  The chancellor of the Ohio board of regents 58187
and the state board of education jointly, and in consultation with 58188
the director of the governor's office of 21st century education,58189
shall adopt rules in accordance with Chapter 119. of the Revised 58190
Code prescribing procedures for the implementation of sections 58191
3333.81 to 3333.86 of the Revised Code.58192

       Sec. 3333.90.  (A) As used in this section:58193

       (1) "Allocated state share of instruction" means, for any 58194
fiscal year, the amount of the state share of instruction 58195
appropriated to the Ohio board of regents by the general assembly 58196
that is allocated to a community or technical college or community 58197
or technical college district for such fiscal year.58198

       (2) "AuthorityIssuing authority" means the Ohio building 58199
authorityhas the same meaning as in section 154.01 of the Revised 58200
Code.58201

       (3) "Bond service charges" has the same meaning as in section 58202
152.09154.01 of the Revised Code.58203

       (4) "Chancellor" means the chancellor of the Ohio board of 58204
regents.58205

       (5) "Community or technical college" or "college" means any 58206
of the following state-supported or state-assisted institutions of 58207
higher education:58208

       (a) A community college as defined in section 3354.01 of the 58209
Revised Code;58210

       (b) A technical college as defined in section 3357.01 of the 58211
Revised Code;58212

       (c) A state community college as defined in section 3358.01 58213
of the Revised Code.58214

       (6) "Community or technical college district" or "district" 58215
means any of the following institutions of higher education that 58216
are state-supported or state-assisted:58217

       (a) A community college district as defined in section 58218
3354.01 of the Revised Code;58219

       (b) A technical college district as defined in section 58220
3357.01 of the Revised Code;58221

       (c) A state community college district as defined in section 58222
3358.01 of the Revised Code. 58223

       (7) "Credit enhancement facilities" has the same meaning as 58224
in section 133.01 of the Revised Code.58225

       (8) "Obligations" has the meaning as in section 152.09154.0158226
or 3345.12 of the Revised Code, as the context requires.58227

       (B) The board of trustees of any community or technical 58228
college district authorizing the issuance of obligations under 58229
section 3354.12, 3354.121, 3357.11, 3357.112, or 3358.10 of the 58230
Revised Code, or for whose benefit and on whose behalf the issuing58231
authority proposes to issue obligations under division (G) of58232
section 152.09154.25 of the Revised Code, may adopt a resolution 58233
requesting the chancellor to enter into an agreement with the 58234
community or technical college district and the primary paying 58235
agent or fiscal agent for such obligations, providing for the 58236
withholding and deposit of funds otherwise due the district or the 58237
community or technical college it operates in respect of its 58238
allocated state share of instruction, for the payment of bond 58239
service charges on such obligations.58240

       The board of trustees shall deliver to the chancellor a copy 58241
of the resolution and any additional pertinent information the 58242
chancellor may require.58243

       The chancellor and the office of budget and management, and 58244
the issuing authority in the case of obligations to be issued by 58245
the issuing authority, shall evaluate each request received from a 58246
community or technical college district under this section. The 58247
chancellor, with the advice and consent of the director of budget 58248
and management and the issuing authority in the case of 58249
obligations to be issued by the issuing authority, shall approve 58250
each request if all of the following conditions are met:58251

       (1) Approval of the request will enhance the marketability of 58252
the obligations for which the request is made;58253

       (2) The chancellor and the office of budget and management, 58254
and the issuing authority in the case of obligations to be issued 58255
by the issuing authority, have no reason to believe the requesting 58256
community or technical college district or the community or 58257
technical college it operates will be unable to pay when due the 58258
bond service charges on the obligations for which the request is 58259
made, and bond service charges on those obligations are therefore 58260
not anticipated to be paid pursuant to this section from the 58261
allocated state share of instruction for purposes of Section 17 of 58262
Article VIII, Ohio Constitution.58263

       (3) Any other pertinent conditions established in rules 58264
adopted under division (H) of this section.58265

       (C) If the chancellor approves the request of a community or 58266
technical college district to withhold and deposit funds pursuant 58267
to this section, the chancellor shall enter into a written 58268
agreement with the district and the primary paying agent or fiscal 58269
agent for the obligations, which agreement shall provide for the 58270
withholding of funds pursuant to this section for the payment of 58271
bond service charges on those obligations. The agreement may also 58272
include both of the following:58273

       (1) Provisions for certification by the district to the 58274
chancellor, prior to the deadline for payment of the applicable 58275
bond service charges, whether the district and the community or 58276
technical college it operates are able to pay those bond service 58277
charges when due;58278

       (2) Requirements that the district or the community or 58279
technical college it operates deposits amounts for the payment of 58280
those bond service charges with the primary paying agent or fiscal 58281
agent for the obligations prior to the date on which the bond 58282
service charges are due to the owners or holders of the 58283
obligations.58284

       (D) Whenever a district or the community or technical college 58285
it operates notifies the chancellor that it will not be able to 58286
pay the bond service charges when they are due, subject to the 58287
withholding provisions of this section, or whenever the applicable 58288
paying agent or fiscal agent notifies the chancellor that it has 58289
not timely received from a district or from the college it 58290
operates the full amount needed for payment of the bond service 58291
charges when due to the holders or owners of such obligations, the 58292
chancellor shall immediately contact the district or college and 58293
the paying agent or fiscal agent to confirm that the district and 58294
the college are not able to make the required payment by the date 58295
on which it is due.58296

       If the chancellor confirms that the district and the college 58297
are not able to make the payment and the payment will not be made 58298
pursuant to a credit enhancement facility, the chancellor shall 58299
promptly pay to the applicable primary paying agent or fiscal 58300
agent the lesser of the amount due for bond service charges or the 58301
amount of the next periodic distribution scheduled to be made to 58302
the district or to the college in respect of its allocated state 58303
share of instruction. If this amount is insufficient to pay the 58304
total amount then due the agent for the payment of bond service 58305
charges, the chancellor shall continue to pay to the agent from 58306
each periodic distribution thereafter, and until the full amount 58307
due the agent for unpaid bond service charges is paid in full, the 58308
lesser of the remaining amount due the agent for bond service 58309
charges or the amount of the next periodic distribution scheduled 58310
to be made to the district or college in respect of its allocated 58311
state share of instruction.58312

       (E) The chancellor may make any payments under this section 58313
by direct deposit of funds by electronic transfer.58314

       Any amount received by a paying agent or fiscal agent under 58315
this section shall be applied only to the payment of bond service 58316
charges on the obligations of the community or technical college 58317
district or community or technical college subject to this section 58318
or to the reimbursement of the provider of a credit enhancement 58319
facility that has paid the bond service charges.58320

       (F) The chancellor may make payments under this section to 58321
paying agents or fiscal agents during any fiscal biennium of the 58322
state only from and to the extent that money is appropriated to 58323
the board of regents by the general assembly for distribution 58324
during such biennium for the state share of instruction and only 58325
to the extent that a portion of the state share of instruction has 58326
been allocated to the community or technical college district or 58327
community or technical college. Obligations of the issuing58328
authority or of a community or technical college district to which 58329
this section is made applicable do not constitute an obligation or 58330
a debt or a pledge of the faith, credit, or taxing power of the 58331
state, and the holders or owners of those obligations have no 58332
right to have excises or taxes levied or appropriations made by 58333
the general assembly for the payment of bond service charges on 58334
the obligations, and the obligations shall contain a statement to 58335
that effect. The agreement for or the actual withholding and 58336
payment of money under this section does not constitute the 58337
assumption by the state of any debt of a community or technical 58338
college district or a community or technical college, and bond 58339
service charges on the related obligations are not anticipated to 58340
be paid from the state general revenue fund for purposes of 58341
Section 17 of Article VIII, Ohio Constitution.58342

       (G) In the case of obligations subject to the withholding 58343
provisions of this section, the issuing community or technical 58344
college district, or the issuing authority in the case of 58345
obligations issued by the issuing authority, shall appoint a 58346
paying agent or fiscal agent who is not an officer or employee of 58347
the district or college.58348

       (H) The chancellor, with the advice and consent of the office 58349
of budget and management, may adopt reasonable rules not 58350
inconsistent with this section for the implementation of this 58351
section to secure payment of bond service charges on obligations 58352
issued by a community or technical college district or by the 58353
issuing authority for the benefit of a community or technical 58354
college district or the community or technical college it 58355
operates. Those rules shall include criteria for the evaluation 58356
and approval or denial of community or technical college district 58357
requests for withholding under this section.58358

       (I) The authority granted by this section is in addition to 58359
and not a limitation on any other authorizations granted by or 58360
pursuant to law for the same or similar purposes.58361

       Sec. 3334.19.  (A) The Ohio tuition trust authority shall 58362
adopt an investment plan that sets forth investment policies and 58363
guidelines to be utilized in administering the variable college 58364
savings program and investment options offered by the authority. 58365
The investment options shall include a default option to benefit 58366
contributors who are first-time investors or have low to moderate 58367
incomes. Except as provided in section 3334.20 of the Revised 58368
Code, the authority shall contract with one or more insurance 58369
companies, banks, or other financial institutions to act as its 58370
investment agents and to provide such services as the authority 58371
considers appropriate to the investment plan, including:58372

       (1) Purchase, control, and safekeeping of assets;58373

       (2) Record keeping and accounting for individual accounts and 58374
for the program as a whole;58375

       (3) Provision of consolidated statements of account.58376

       (B) The authority or its investment agents shall maintain a 58377
separate account for the beneficiary of each contract entered into 58378
under the variable college savings program. If a beneficiary has 58379
more than one such account, the authority or its agents shall 58380
track total contributions and earnings and provide a consolidated 58381
system of account distributions to institutions of higher 58382
education.58383

       (C) The authority or its investment agents may place assets 58384
of the program in savings accounts and may purchase fixed or 58385
variable life insurance or annuity contracts, securities, evidence 58386
of indebtedness, or other investment products pursuant to the 58387
investment plan.58388

       (D) Contributors shall not direct the investment of their 58389
contributions under the investment plan. The authority shall 58390
impose other limits on contributors' investment discretion to the 58391
extent required under section 529 of the Internal Revenue Code.58392

       (E) The investment agents with which the authority contracts 58393
shall discharge their duties with respect to program funds with 58394
the care and diligence that a prudent person familiar with such 58395
matters and with the character and aims of the program would use.58396

       (F) The assets of the program shall be preserved, invested, 58397
and expended solely for the purposes of this chapter and shall not 58398
be loaned or otherwise transferred or used by the state for any 58399
other purpose. This section shall not be construed to prohibit the 58400
investment agents of the authority from investing, by purchase or 58401
otherwise, in bonds, notes, or other obligations of the state or 58402
any agency or instrumentality of the state. Unless otherwise 58403
specified by the authority, assets of the program shall be 58404
expended in the following order of priority:58405

       (1) To make payments on behalf of beneficiaries;58406

       (2) To make refunds upon termination of variable college 58407
savings program contracts;58408

       (3) To pay the authority's costs of administering the 58409
program;58410

       (4) To pay or cover any other expenditure or disbursement the 58411
authority determines necessary or appropriate.58412

       (G) Fees, charges, and other costs imposed or collected by 58413
the authority in connection with the variable college savings 58414
program, including any fees or other payments that the authority 58415
requires an investment agent to pay to the authority, shall be 58416
credited to either the variable operating fund or the index 58417
operating fund at the discretion of the authority. These funds are 58418
hereby created in the state treasury. Expenses incurred in the 58419
administration of the variable college savings program, as well as 58420
other expenses, disbursements, or payments the authority considers 58421
appropriate for the benefit of any college savings programs 58422
administered by the authority, the state of Ohio and its citizens, 58423
shall be paid from the variable operating fund or the index 58424
operating fund at the discretion of the authority.58425

       (H) No records of the authority indicating the identity of 58426
purchasers, contributors, and beneficiaries under the program or 58427
amounts contributed to, earned by, or distributed from program 58428
accounts are public records within the meaning of section 149.43 58429
of the Revised Code.58430

       Sec. 3345.023.  (A) No state institution of higher education 58431
shall take any action or enforce any policy that would deny a 58432
religious student group any benefit available to any other student 58433
group based on the religious student group's requirement that its 58434
leaders or voting members adhere to its sincerely held religious 58435
beliefs or standards of conduct.58436

       (B) As used in this section:58437

       (1) "Benefits" include, without limitation: 58438

       (a) Recognition; 58439

       (b) Registration; 58440

       (c) The use of facilities of the state institution of higher 58441
education for meetings or speaking purposes, subject to section 58442
3345.021 of the Revised Code; 58443

       (d) The use of channels of communication of the state 58444
institution of higher education; 58445

       (e) Funding sources that are otherwise available to any other 58446
student group in the state institution of higher education.58447

       (2) "State institution of higher education" has the same 58448
meaning as in section 3345.011 of the Revised Code.58449

       Sec. 3345.061.  (A) Ohio's two-year institutions of higher 58450
education are respected points of entry for students embarking on 58451
post-secondary careers and courses completed at those institutions 58452
are transferable to state universities in accordance with 58453
articulation and transfer agreements developed under sections 58454
3333.16, 3333.161, and 3333.162 of the Revised Code.58455

       (B) Beginning with undergraduate students who commence 58456
undergraduate studies in the 2014-2015 academic year, no state 58457
university listed in section 3345.011 of the Revised Code, except 58458
Central state university, Shawnee state university, and Youngstown 58459
state university, shall receive any state operating subsidies for 58460
any academic remedial or developmental courses for undergraduate 58461
students, including courses prescribed in the Ohio core curriculum 58462
for high school graduation under division (C) of section 3313.603 58463
of the Revised Code, offered at its main campus, except as 58464
provided in divisions (B)(1) to (4) of this section.58465

        (1) In the 2014-2015 and 2015-2016 academic years, a state 58466
university may receive state operating subsidies for academic 58467
remedial or developmental courses for not more than three per cent 58468
of the total undergraduate credit hours provided by the university 58469
at its main campus.58470

        (2) In the 2016-2017 academic year, a state university may 58471
receive state operating subsidies for academic remedial or 58472
developmental courses for not more than fifteen per cent of the 58473
first-year students who have graduated from high school within the 58474
previous twelve months and who are enrolled in the university at 58475
its main campus, as calculated on a full-time-equivalent basis.58476

        (3) In the 2017-2018 academic year, a state university may 58477
receive state operating subsidies for academic remedial or 58478
developmental courses for not more than ten per cent of the 58479
first-year students who have graduated from high school within the 58480
previous twelve months and who are enrolled in the university at 58481
its main campus, as calculated on a full-time-equivalent basis.58482

        (4) In the 2018-2019 academic year, a state university may 58483
receive state operating subsidies for academic remedial or 58484
developmental courses for not more than five per cent of the 58485
first-year students who have graduated from high school within the 58486
previous twelve months and who are enrolled in the university at 58487
its main campus, as calculated on a full-time-equivalent basis.58488

       Each state university may continue to offer academic remedial 58489
and developmental courses at its main campus beyond the extent for 58490
which state operating subsidies may be paid under this division 58491
and may continue to offer such courses beyond the 2018-2019 58492
academic year. However, the university shall not receive any state 58493
operating subsidies for such courses above the maximum amounts 58494
permitted in this division.58495

       (C) Except as otherwise provided in division (B) of this 58496
section, beginning with students who commence undergraduate 58497
studies in the 2014-2015 academic year, state operating subsidies 58498
for academic remedial or developmental courses offered by state 58499
institutions of higher education may be paid only to Central state 58500
university, Shawnee state university, Youngstown state university, 58501
any university branch, any community college, any state community 58502
college, or any technical college.58503

       (D) Each state university shall grant credit for academic 58504
remedial or developmental courses successfully completed at an 58505
institution described in division (C) of this section pursuant to 58506
any applicable articulation and transfer agreements the university 58507
has entered into in accordance with policies and procedures 58508
adopted under section 3333.16, 3333.161, or 3333.162 of the 58509
Revised Code.58510

       (E) The chancellor of the Ohio board of regents shall do all 58511
of the following:58512

       (1) Withhold state operating subsidies for academic remedial 58513
or developmental courses provided by a state university as 58514
required in order to conform to divisions (B) and (C) of this 58515
section;58516

       (2) Adopt uniform statewide standards for academic remedial 58517
and developmental courses offered by all state institutions of 58518
higher education, as defined in section 3345.011 of the Revised 58519
Code;58520

       (3) Encourage and assist in the design and establishment of 58521
academic remedial and developmental courses by institutions of 58522
higher education;58523

       (4) Define "academic year" for purposes of this section and 58524
section 3345.06 of the Revised Code;58525

       (5) Encourage and assist in the development of articulation 58526
and transfer agreements between state universities and other 58527
institutions of higher education in accordance with policies and 58528
procedures adopted under sections 3333.16, 3333.161, and 3333.162 58529
of the Revised Code.58530

       (F) Not later than December 31, 2012, the presidents, or 58531
equivalent position, of all state institutions of higher 58532
education, or their designees, jointly shall establish uniform 58533
statewide standards in mathematics, science, reading, and writing 58534
each student enrolled in a state institution of higher education 58535
must meet to be considered in remediation-free status. The 58536
presidents also shall establish assessments, if they deem 58537
necessary, to determine if a student meets the standards adopted 58538
under this division. Each institution is responsible for assessing 58539
the needs of its enrolled students in the manner adopted by the 58540
presidents. The board of trustees or managing authority of each 58541
state institution of higher education shall adopt the 58542
remediation-free status standard, and any related assessments, 58543
into the institution's policies.58544

       The chancellor shall assist in coordinating the work of the 58545
presidents under this division. 58546

       (G) Each year, not later than a date established by the 58547
chancellor, each state institution of higher education shall 58548
report to the governor, the general assembly, the chancellor, and 58549
the superintendent of public instruction all of the following for 58550
the prior academic year:58551

       (1) The institution's aggregate costs for providing academic 58552
remedial or developmental courses;58553

       (2) The amount of those costs disaggregated according to the 58554
city, local, or exempted village school districts from which the 58555
students taking those courses received their high school diplomas;58556

       (3) Any other information with respect to academic remedial 58557
and developmental courses that the chancellor considers 58558
appropriate.58559

       (H) Not later than December 31, 2011, and the thirty-first 58560
day of each December thereafter, the chancellor and the 58561
superintendent of public instruction shall issue a report 58562
recommending policies and strategies for reducing the need for 58563
academic remediation and developmental courses at state 58564
institutions of higher education.58565

       (I) As used in this section, "state institution of higher 58566
education" has the same meaning as in section 3345.011 of the 58567
Revised Code.58568

       Sec. 3345.14.  (A) As used in this section, "state college or 58569
university" means any state university or college defined in 58570
division (A)(1) of section 3345.12 of the Revised Code, and any 58571
other institution of higher education defined in division (A)(2) 58572
of that section.58573

       (B) All rights to and interests in discoveries, inventions, 58574
or patents which result from research or investigation conducted 58575
in any experiment station, bureau, laboratory, research facility, 58576
or other facility of any state college or university, or by 58577
employees of any state college or university acting within the 58578
scope of their employment or with funding, equipment, or 58579
infrastructure provided by or through any state college or 58580
university, shall be the sole property of that college or 58581
university. No person, firm, association, corporation, or 58582
governmental agency which uses the facilities of such college or 58583
university in connection with such research or investigation and 58584
no faculty member, employee, or student of such college or 58585
university participating in or making such discoveries or 58586
inventions, shall have any rights to or interests in such 58587
discoveries or inventions, including income therefrom, except as 58588
may, by determination of the board of trustees of such college or 58589
university, be assigned, licensed, transferred, or paid to such 58590
persons or entities in accordance with division (C) of this 58591
section or in accordance with rules adopted under division (D) of 58592
this section.58593

       (C) As may be determined from time to time by the board of 58594
trustees of any state college or university, the college or 58595
university may retain, assign, license, transfer, sell, or 58596
otherwise dispose of, in whole or in part and upon such terms as 58597
the board of trustees may direct, any and all rights to, interests 58598
in, or income from any such discoveries, inventions, or patents 58599
which the college or university owns or may acquire. Such 58600
dispositions may be to any individual, firm, association, 58601
corporation, or governmental agency, or to any faculty member, 58602
employee, or student of the college or university as the board of 58603
trustees may direct. Any and all income or proceeds derived or 58604
retained from such dispositions shall be applied to the general or 58605
special use of the college or university as determined by the 58606
board of trustees of such college or university.58607

       (D)(1) Notwithstanding any provision of the Revised Code to 58608
the contrary, including but not limited to sections 102.03, 58609
102.04, 2921.42, and 2921.43 of the Revised Code, the board of 58610
trustees of any state college or university may adopt rules in 58611
accordance with section 111.15 of the Revised Code that set forth 58612
circumstances under which an employee of the college or university 58613
may solicit or accept, and under which a person may give or 58614
promise to give to such an employee, a financial interest in any 58615
firm, corporation, or other association to which the board has 58616
assigned, licensed, transferred, or sold the college or 58617
university's interests in its intellectual property, including58618
discoveries or inventions made or created by that employee or in 58619
patents issued to that employee.58620

       (2) Rules established under division (D)(1) of this section 58621
shall include the following:58622

       (a) A requirement that each college or university employee 58623
disclose to the college or university board of trustees any 58624
financial interest the employee holds in a firm, corporation, or 58625
other association as described in division (D)(1) of this section;58626

       (b) A requirement that all disclosures made under division 58627
(D)(2)(a) of this section are reviewed by officials designated by 58628
the college or university board of trustees. The officials 58629
designated under this division shall determine the information 58630
that shall be disclosed and safeguards that shall be applied in 58631
order to manage, reduce, or eliminate any actual or potential 58632
conflict of interest.58633

       (c) A requirement that in implementing division (D) of this 58634
section all members of the college or university board of trustees 58635
shall be governed by Chapter 102. and sections 2921.42 and 2921.43 58636
of the Revised Code.58637

       (d) Guidelines to ensure that any financial interest held by 58638
any employee of the college or university does not result in 58639
misuse of the students, employees, or resources of the college or 58640
university for the benefit of the firm, corporation, or other 58641
association in which such interest is held or does not otherwise 58642
interfere with the duties and responsibilities of the employee who 58643
holds such an interest. 58644

       (3) Rules established under division (D)(1) of this section 58645
may include other provisions at the discretion of the college or 58646
university board of trustees. 58647

       (E) Notwithstanding division (D) of this section, the Ohio 58648
ethics commission retains authority to provide assistance to a 58649
college or university board of trustees in the implementation of 58650
division (D)(2) of this section and to address any matter that is 58651
outside the scope of the exception to division (B) of this section 58652
as set forth in division (D) of this section or as set forth in 58653
rules established under division (D) of this section.58654

       Sec. 3345.81. (A) The chancellor of the Ohio board of regents 58655
shall develop a plan for designating public institutions of higher 58656
education as charter universities. In developing the plan, the 58657
chancellor shall:58658

       (1) Study the administrative and financial relationships 58659
between the state and its public institutions of higher education 58660
to determine the extent to which public colleges and universities 58661
can manage their operations more effectively when accorded 58662
flexibility through selected delegation of authority;58663

       (2) Examine legal and other issues related to the feasibility 58664
and practicability of restructuring the administrative and 58665
financial relationships between the state and its public 58666
institutions of higher education;58667

       (3) Consult with the presidents of the institutions of higher 58668
education of the university system of Ohio. 58669

       (B) The office of budget and management, the department of 58670
administrative services, and each state institution of higher 58671
education shall provide the chancellor, upon the chancellor's 58672
request, with research assistance, fiscal and policy analysis, and 58673
other services in conducting the study and developing the plan 58674
under this section. Each state agency shall provide the chancellor 58675
with any other assistance requested by the chancellor in 58676
conducting the study and developing the plan.58677

       (C) The chancellor shall specify in the plan:58678

       (1) The manner in which a state institution of higher 58679
education may become eligible for restructured financial and 58680
operational authority, and performance measures and criteria to 58681
determine eligibility. The performance measures and criteria shall 58682
address the institution's ability to manage successfully its 58683
administrative and financial operations without jeopardizing the 58684
financial integrity and stability of the institution.58685

       (2) Specific areas of financial and operational authority 58686
that are subject to increased flexibility;58687

       (3) The nature and term of the management agreement required 58688
between the state and an institution.58689

       (D) Not later than August 15, 2011, the chancellor shall 58690
submit to the general assembly and the governor a report of 58691
findings and recommendations for use in developing policy, 58692
statutory, and administrative rule changes necessary to implement 58693
the plan. No institution shall be designated a charter university 58694
until the general assembly, after considering the chancellor's 58695
plan, has enacted legislation establishing a procedure for making 58696
the designation. The chancellor shall not adopt, amend, or rescind 58697
any rules with respect to designating institutions as charter 58698
universities until that legislation is enacted. The general 58699
assembly intends that the general assembly, governor, and 58700
chancellor will take actions necessary for implementation of the 58701
plan for charter universities to commence July 1, 2012.58702

       Sec. 3349.29.  An agreement made pursuant to sections 3349.27 58703
and 3349.28 of the Revised Code is not effective unless it has 58704
been approved by the legislative authority of the municipal 58705
corporation with which the municipal university is identified, 58706
upon such legislative authority's determination that such 58707
agreement will be beneficial to the municipal corporation, and 58708
also approved by the Ohio board of regents, and, if required by 58709
any applicable appropriation measure, by the state controlling 58710
board, and any payment from state tax moneys provided for in the 58711
agreement will be subject to appropriations made by the general 58712
assembly. If provision is to be made under such agreement for the 58713
transfer of, or grant of the right to use, all or a substantial 58714
part of the assets of the municipal university to the state 58715
university and assumption by the state university of educational 58716
functions of the municipal university, such agreement shall not 58717
become effective, under sections 3349.27 to 3349.30 of the Revised 58718
Code until the electors of the municipal corporation have approved 58719
such transfer or grant.58720

       The legislative authority of the municipal corporation shall, 58721
by ordinance, submit the question to the electors at a general, 58722
primary, or a special election to be held on the date specified in 58723
the ordinance. The ordinance shall be certified to the board of 58724
elections not later than the forty-fifth day preceding the date of 58725
the election. Notice of the election shall be published in one or 58726
more newspapersnewspaper of general circulation in the municipal 58727
corporation once a week for two consecutive weeks or as provided 58728
in section 7.16 of the Revised Code, prior to the election and, 58729
if. If the board of elections operates and maintains a web site, 58730
notice of the election also shall be posted on that web site for 58731
thirty days prior to the election. The form of the ballot to be 58732
used at the election shall be substantially as follows, with such 58733
variations as may be appropriate to reflect the general nature of 58734
the transfer or grant of use of assets and the transfer of 58735
educational functions contemplated:58736

       "Shall assets of the municipal university known as 58737
.......................... be transferred to (make available for 58738
use by) a state university known as ........................... 58739
and the state university assume educational functions of the 58740
municipal university and provide higher education in (or in close 58741
proximity to) the city of .......................... to the 58742
residents of the city of ........................ and of the state 58743
of Ohio and such others as shall be admitted?"58744

       The favorable vote of a majority of those voting on the 58745
proposition constitutes such approval as is required by this 58746
section.58747

       Sec. 3353.04. (A) The eTech Ohio commission may perform any 58748
act necessary to carry out the functions of this chapter, 58749
including any of the following:58750

       (1) Make grants to institutions and other organizations as 58751
prescribed by the general assembly for the provision of technical 58752
assistance, professional development, and other support services 58753
to enable school districts, community schools established under 58754
Chapter 3314. of the Revised Code, other educational institutions, 58755
and affiliates to utilize educational technology; 58756

       (2) Establish a reporting system for school districts, 58757
community schools, other educational institutions, affiliates, and 58758
educational technology organizations that receive financial 58759
assistance from the commission. The system may require the 58760
reporting of information regarding the manner in which the 58761
assistance was expended, the manner in which the equipment or 58762
services purchased with the assistance is being utilized, the 58763
results or outcome of the utilization, the manner in which the 58764
utilization is compatible with the statewide academic standards 58765
adopted by the state board of education pursuant to section 58766
3301.079 of the Revised Code, and any other information determined 58767
by the commission.58768

       (3) Ensure that, where appropriate, products produced by any 58769
entity to which the commission provides financial assistance for 58770
use in elementary and secondary education are aligned with the 58771
statewide academic standards adopted by the state board pursuant 58772
to section 3301.079 of the Revised Code;58773

       (4) Promote accessibility to educational products aligned 58774
with the statewide academic standards, adopted by the state board 58775
pursuant to section 3301.079 of the Revised Code, for school 58776
districts, community schools, and other entities serving grades 58777
kindergarten through twelve;58778

       (5) Own or operate transmission facilities and 58779
interconnection facilities, or contract for transmission 58780
facilities and interconnection facilities, for an educational 58781
television, radio, or radio reading service network;58782

       (6) Establish standards for interconnection facilities used 58783
by the commission in the transmission of educational television, 58784
radio, or radio reading service programming;58785

        (7) Enter into agreements with noncommercial educational 58786
television or radio broadcasting stations or radio reading 58787
services for the operation of the interconnection; 58788

       (8) Enter into agreements with noncommercial educational 58789
television or radio broadcasting stations or radio reading 58790
services for the production and use of educational television, 58791
radio, or radio reading service programs to be transmitted by the 58792
educational telecommunications network;58793

       (9) Execute contracts and other agreements necessary and 58794
desirable to carry out the purposes of this chapter and other 58795
duties prescribed to the commission by law or authorize the 58796
executive director of the commission to execute such contracts and 58797
agreements on the commission's behalf;58798

       (10) Act as consultant with educational television and 58799
educational radio stations and radio reading services toward 58800
coordination within the state of the distribution of federal funds 58801
that may become available for equipment for educational 58802
broadcasting or radio reading services;58803

       (11) Make payments to noncommercial Ohio educational 58804
television or radio broadcasting stations or radio reading 58805
services to sustain the operation of such stations or services;58806

       (12) In consultation with participants in programs 58807
administered by the commission, establish guidelines governing 58808
purchasing and procurement that facilitate the timely and 58809
effective implementation of such programs;58810

       (13) In consultation with participants in programs 58811
administered by the commission, consider the efficiency and cost 58812
savings of statewide procurement prior to allocating and releasing 58813
funds for such programs;58814

       (14) In consultation with participants in programs 58815
administered by the commission, establish a systems support 58816
network to facilitate the timely implementation of the programs 58817
and other projects and activities for which the commission 58818
provides assistance.58819

       (B) Chapters 123., 124., 125., and 153. of the Revised Code 58820
and sections 9.331, 9.332, and 9.333to 9.335 of the Revised Code 58821
do not apply to contracts, programs, projects, or activities of 58822
the commission.58823

       Sec. 3353.15. There is hereby created in the state treasury 58824
the information technology service fund. The fund shall consist of 58825
money received by the eTech Ohio commission pursuant to agreements 58826
with educational entities for the provision of information 58827
technology services to support initiatives to align education from 58828
preschool through college, and any other money deposited into the 58829
fund by the commission. Money in the fund shall be used to provide 58830
the services specified in the agreements, including implementation 58831
and maintenance of an electronic clearinghouse for student 58832
transcript transfers and development of the education data 58833
repository described in section 3301.94 of the Revised Code. 58834
Investment earnings of the fund shall be credited to the fund.58835

       Sec. 3354.12.  (A) Upon the request by resolution approved by 58836
the board of trustees of a community college district, and upon 58837
certification to the board of elections not less than ninety days 58838
prior to the election, the boards of elections of the county or 58839
counties comprising such district shall place upon the ballot in 58840
their respective counties the question of levying a tax on all the 58841
taxable property in the community college district outside the 58842
ten-mill limitation, for a specified period of years or for a 58843
continuing period of time, to provide funds for any one or more of 58844
the following purposes: the acquisition of sites, the erection, 58845
furnishing, and equipment of buildings, the acquisition, 58846
construction, or improvement of any property which the board of 58847
trustees of a community college district is authorized to acquire, 58848
construct, or improve and which has an estimated life of 58849
usefulness of five years or more as certified by the fiscal 58850
officer, and the payment of operating costs. Not more than two 58851
special elections shall be held in any one calendar year. Levies 58852
for a continuing period of time adopted under this section may be 58853
reduced in accordance with section 5705.261 of the Revised Code.58854

       If such proposal is to be or include the renewal of an 58855
existing levy at the expiration thereof, the ballot for such 58856
election shall state whether it is a renewal of a tax; a renewal 58857
of a stated number of mills and an increase of a stated number of 58858
mills, or a renewal of a part of an existing levy with a reduction 58859
of a stated number of mills; the year of the tax duplicate on 58860
which such renewal will first be made; and if earlier, the year of 58861
the tax duplicate on which such additional levy will first be 58862
made, which may include the tax duplicate for the current year 58863
unless the election is to be held after the first Tuesday after 58864
the first Monday in November of the current tax year. The ballot 58865
shall also state the period of years for such levy or that it is 58866
for a continuing period of time. If a levy for a continuing period 58867
of time provides for but is not limited to current expenses, the 58868
resolution of the board of trustees providing for the election on 58869
such levy shall apportion the annual rate of the levy between 58870
current expenses and the other purpose or purposes. Such 58871
apportionment need not be the same for each year of the levy, but 58872
the respective portions of the rate actually levied each year for 58873
current expenses and the other purpose or purposes shall be 58874
limited by such apportionment. The portion of the rate apportioned 58875
to the other purpose or purposes shall be reduced as provided in 58876
division (B) of this section.58877

       If a majority of the electors in such district voting on such 58878
question approve thereof, the county auditor or auditors of the 58879
county or counties comprising such district shall annually, for 58880
the applicable years, place such levy on the tax duplicate in such 58881
district, in an amount determined by the board of trustees, but 58882
not to exceed the amount set forth in the proposition approved by 58883
the electors.58884

       The boards of trustees of a community college district shall 58885
establish a special fund for all revenue derived from any tax 58886
levied pursuant to this section.58887

       The boards of elections of the county or counties comprising 58888
the district shall cause to be published in a newspaper of general 58889
circulation in each such county an advertisement of the proposed 58890
tax levy question once a week for two consecutive weeks, or as 58891
provided in section 7.16 of the Revised Code, prior to the 58892
election at which the question is to appear on the ballot, and, 58893
if. If a board of elections operates and maintains a web site, 58894
that board also shall post a similarthe advertisement on its web 58895
site for thirty days prior to that election.58896

       After the approval of such levy by vote, the board of 58897
trustees of a community college district may anticipate a fraction 58898
of the proceeds of such levy and from time to time issue 58899
anticipation notes having such maturity or maturities that the 58900
aggregate principal amount of all such notes maturing in any 58901
calendar year shall not exceed seventy-five per cent of the 58902
anticipated proceeds from such levy for such year, and that no 58903
note shall mature later than the thirty-first day of December of 58904
the tenth calendar year following the calendar year in which such 58905
note is issued. Each issue of notes shall be sold as provided in 58906
Chapter 133. of the Revised Code.58907

       The amount of bonds or anticipatory notes authorized pursuant 58908
to Chapter 3354. of the Revised Code, may include sums to repay 58909
moneys previously borrowed, advanced, or granted and expended for 58910
the purposes of such bond or anticipatory note issues, whether 58911
such moneys were advanced from the available funds of the 58912
community college district or by other persons, and the community 58913
college district may restore and repay to such funds or persons 58914
from the proceeds of such issues the moneys so borrowed, advanced 58915
or granted.58916

       All operating costs of such community college may be paid out 58917
of any gift or grant from the state, pursuant to division (K) of 58918
section 3354.09 of the Revised Code; out of student fees and 58919
tuition collected pursuant to division (G) of section 3354.09 of 58920
the Revised Code; or out of unencumbered funds from any other 58921
source of the community college income not prohibited by law.58922

       (B) Prior to the application of section 319.301 of the 58923
Revised Code, the rate of a levy that is limited to, or to the 58924
extent that it is apportioned to, purposes other than current 58925
expenses shall be reduced in the same proportion in which the 58926
district's total valuation increases during the life of the levy 58927
because of additions to such valuation that have resulted from 58928
improvements added to the tax list and duplicate.58929

       Sec. 3354.16.  (A) When the board of trustees of a community 58930
college district has by resolution determined to let by contract 58931
the work of improvements pursuant to the official plan of such 58932
district, contracts in amounts exceeding a dollar amount set by 58933
the board, which dollar amount shall not exceed fiftytwo hundred58934
thousand dollars, shall be advertised after notices calling for 58935
bids have been published once a week for three consecutive weeks 58936
or as provided in section 7.16 of the Revised Code, in at least 58937
onea newspaper of general circulation within the community 58938
college district wherein the work is to be done. Subject to 58939
section 3354.10 of the Revised Code, the board of trustees of the 58940
district may let such contract to the lowest responsive and 58941
responsible bidder, in accordance with section 9.312 of the 58942
Revised Code, who meets the requirements of section 153.54 of the 58943
Revised Code. Such contract shall be in writing and shall be 58944
accompanied by or shall refer to plans and specifications for the 58945
work to be done. Such contract shall be approved by the board of 58946
trustees and signed by the president of the board and by the 58947
contractor.58948

       (B) On the first day of January of every even-numbered year, 58949
the chancellor of the board of regents shall adjust the fiftytwo 58950
hundred thousand dollar contract limit set forth in division (A) 58951
of this section, as adjusted in any previous year pursuant to this 58952
division. The chancellor shall adjust the limit according to the 58953
average increase or decrease for each of the two years immediately 58954
preceding the adjustment as set forth in the United States 58955
department of commerce, bureau of economic analysis implicit price 58956
deflator for gross domestic product, nonresidential structures, or 58957
an alternative if the federal government ceases to publish this 58958
metric, provided that no increase or decrease for any year shall 58959
exceed three per cent of the contract limit in existence at the 58960
time of the adjustment. Notwithstanding division (A) of this 58961
section, the limit adjusted under this division shall be used 58962
thereafter in lieu of the limit in division (A) of this section.58963

       (C) Before entering into an improvement pursuant to division 58964
(A) of this section, and except for contracts made with a 58965
construction manager at risk, a design-build firm, or a general 58966
contracting firm, as those terms are defined in section 153.50 of 58967
the Revised Code, the board of trustees of a community college 58968
district shall require separate and distinct proposals to be made 58969
for furnishing materials or doing work on the improvement, or 58970
both, in the board's discretion, for each separate and distinct 58971
branch or class of work entering into the improvement. The board 58972
of trustees also may require a single, combined proposal for the 58973
entire project for materials or doing work, or both, in the 58974
board's discretion, that includes each separate and distinct 58975
branch or class of work entering into the improvement. The board 58976
of trustees need not solicit separate proposals for a branch or 58977
class of work for an improvement if the estimate cost for that 58978
branch or class of work is less than five thousand dollars.58979

       (D) When more than one branch or class of work is required, 58980
no contract for the entire job, or for a greater portion thereof 58981
than is embraced in one such branch or class of work shall be 58982
awarded, unless the separate bids do not cover all the work and 58983
materials required or the bids for the whole or for two or more 58984
kinds of work or materials are lower than the separate bids in the 58985
aggregate. The board of trustees need not award separate contracts 58986
for a branch or class of work entering into an improvement if the 58987
estimated cost for that branch or class of work is less than five 58988
thousand dollars.58989

       Sec. 3355.09.  Upon receipt of a request from the university 58990
branch district managing authority, the boards of elections of the 58991
county or counties comprising such district shall place upon the 58992
ballot in the district at the next primary or general election 58993
occurring not less than ninety days after submission of such 58994
request by such managing authority, the question of levying a tax 58995
outside the ten-mill limitation, for a specified period of years, 58996
to provide funds for any of the following purposes:58997

       (A) Purchasing a site or enlargement thereof;58998

       (B) The erection and equipment of buildings;58999

       (C) Enlarging, improving, or rebuilding buildings;59000

       (D) The acquisition, construction, or improvement of any 59001
property which the university branch district managing authority 59002
is authorized to acquire, construct, or improve and which has been 59003
certified by the fiscal officer to have an estimated useful life 59004
of five or more years.59005

       If a majority of the electors in such district voting on such 59006
question approve, the county auditor of the county or counties 59007
comprising such district shall annually place such levy on the tax 59008
duplicate in such district, in the amount set forth in the 59009
proposition approved by the electors.59010

       The managing authority of the university branch district 59011
shall establish a special fund pursuant to section 3355.07 of the 59012
Revised Code for all revenue derived from any tax levied pursuant 59013
to provisions of this section.59014

       The boards of election of the county or counties comprising 59015
the district shall cause to be published in a newspaper of general 59016
circulation in each such county an advertisement of the proposed 59017
tax levy question once a week for two consecutive weeks, or as 59018
provided in section 7.16 of the Revised Code, prior to the 59019
election at which the question is to appear on the ballot, and, 59020
if. If a board of elections operates and maintains a web site, 59021
that board also shall post a similarthe advertisement on its web 59022
site for thirty days prior to the election.59023

       After the approval of such levy by vote, the managing 59024
authority of the university branch district may anticipate a 59025
fraction of the proceeds of such levy and from time to time, 59026
during the life of such levy, issue anticipation notes in an 59027
amount not to exceed seventy-five per cent of the estimated 59028
proceeds of such levy to be collected in each year over a period 59029
of five years after the date of the issuance of such notes, less 59030
an amount equal to the proceeds of such levy previously obligated 59031
for such year by the issuance of anticipation notes, provided, 59032
that the total amount maturing in any one year shall not exceed 59033
seventy-five per cent of the anticipated proceeds of such levy for 59034
that year.59035

       Each issue of notes shall be sold as provided in Chapter 133. 59036
of the Revised Code and shall mature serially in substantially 59037
equal amounts, during each remaining year of the levy, not to 59038
exceed five, after their issuance.59039

       Sec. 3357.16.  (A) When the board of trustees of a technical 59040
college district has by resolution determined to let by contract 59041
the work of improvements pursuant to the official plan of such 59042
district, contracts in amounts exceeding a dollar amount set by 59043
the board, which dollar amount shall not exceed fiftytwo hundred59044
thousand dollars, shall be advertised after notice calling for 59045
bids has been published once a week for three consecutive weeks or 59046
as provided in section 7.16 of the Revised Code, in at least onea59047
newspaper of general circulation within the technical college 59048
district where the work is to be done. The board of trustees of 59049
the technical college district may let such contract to the lowest 59050
responsive and responsible bidder, in accordance with section 59051
9.312 of the Revised Code, who meets the requirements of section 59052
153.54 of the Revised Code. Such contract shall be in writing and 59053
shall be accompanied by or shall refer to plans and specifications 59054
for the work to be done. Such contract shall be approved by the 59055
board of trustees and signed by the president of the board and by 59056
the contractor.59057

       (B) On the first day of January of every even-numbered year, 59058
the chancellor of the board of regents shall adjust the fiftytwo 59059
hundred thousand dollar contract limit set forth in division (A) 59060
of this section, as adjusted in any previous year pursuant to this 59061
division. The chancellor shall adjust the limit according to the 59062
average increase or decrease for each of the two years immediately 59063
preceding the adjustment as set forth in the United States 59064
department of commerce, bureau of economic analysis implicit price 59065
deflator for gross domestic product, nonresidential structures, or 59066
an alternative if the federal government ceases to publish this 59067
metric, provided that no increase or decrease for any year shall 59068
exceed three per cent of the contract limit in existence at the 59069
time of the adjustment. Notwithstanding division (A) of this 59070
section, the limit adjusted under this division shall be used 59071
thereafter in lieu of the limit in division (A) of this section.59072

       (C) Before entering into an improvement pursuant to division 59073
(A) of this section, and except for contracts made with a 59074
construction manager at risk, a design-build firm, or a general 59075
contracting firm, as those terms are defined in section 153.50 of 59076
the Revised Code, the board of trustees of a technical college 59077
district shall require separate and distinct proposals to be made 59078
for furnishing materials or doing work on the improvement, or 59079
both, in the board's discretion, for each separate and distinct 59080
branch or class of work entering into the improvement. The board 59081
of trustees also may require a single, combined proposal for the 59082
entire project for materials or doing work, or both, in the 59083
board's discretion, that includes each separate and distinct 59084
branch or class of work entering into the improvement. The board 59085
of trustees need not solicit separate proposals for a branch or 59086
class of work for an improvement if the estimate cost for that 59087
branch or class of work is less than five thousand dollars.59088

       (D) When more than one branch or class of work is required, 59089
no contract for the entire job, or for a greater portion thereof 59090
than is embraced in one such branch or class of work shall be 59091
awarded, unless the separate bids do not cover all the work and 59092
materials required or the bids for the whole or for two or more 59093
kinds of work or materials are lower than the separate bids in the 59094
aggregate. The board of trustees need not award separate contracts 59095
for a branch or class of work entering into an improvement if the 59096
estimated cost for that branch or class of work is less than five 59097
thousand dollars.59098

       Sec. 3365.01.  As used in this chapter:59099

       (A) "College" means any state-assisted college or university 59100
described in section 3333.041 of the Revised Code, any nonprofit 59101
institution holding a certificate of authorization pursuant to 59102
Chapter 1713. of the Revised Code, any private institution exempt 59103
from regulation under Chapter 3332. of the Revised Code as 59104
prescribed in section 3333.046 of the Revised Code, and any 59105
institution holding a certificate of registration from the state 59106
board of career colleges and schools and program authorization for 59107
an associate or bachelor's degree program issued under section 59108
3332.05 of the Revised Code.59109

       (B) "School district," except as specified in division (G) of 59110
this section, means any school district to which a student is 59111
admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of 59112
the Revised Code and does not include a joint vocational or 59113
cooperative education school district.59114

       (C) "Parent" has the same meaning as in section 3313.64 of 59115
the Revised Code.59116

       (D) "Participant" means a student enrolled in a college under 59117
the post-secondary enrollment options program established by this 59118
chapter.59119

       (E) "Secondary grade" means the ninth through twelfth grades.59120

       (F) "School foundation payments" means the amount required to 59121
be paid to a school district for a fiscal year under Chapters 59122
3306. andChapter 3317. of the Revised Code.59123

       (G) "Tuition base" means, with respect to a participant's 59124
school district, the sum of the formula amount plus the per pupil 59125
amount of the base funding supplements specified in divisions 59126
(C)(1) to (4) of section 3317.012 of the Revised Code for fiscal 59127
year 2009.59128

       The participant's "school district" in the case of a 59129
participant enrolled in a community school shall be the school 59130
district in which the student is entitled to attend school under 59131
section 3313.64 or 3313.65 of the Revised Code.59132

       (H) "Educational program" means enrollment in one or more 59133
school districts, in a nonpublic school, or in a college under 59134
division (B) of section 3365.04 of the Revised Code.59135

       (I) "Nonpublic school" means a chartered or nonchartered 59136
school for which minimum standards are prescribed by the state 59137
board of education pursuant to division (D) of section 3301.07 of 59138
the Revised Code.59139

       (J) "School year" means the year beginning on the first day 59140
of July and ending on the thirtieth day of June.59141

       (K) "Community school" means any school established pursuant 59142
to Chapter 3314. of the Revised Code that includes secondary 59143
grades.59144

       (L) "STEM school" means a science, technology, engineering, 59145
and mathematics school established under Chapter 3326. of the 59146
Revised Code.59147

       Sec. 3365.08.  (A) A college that expects to receive or 59148
receives reimbursement under section 3365.07 of the Revised Code 59149
or through alternative funding agreements entered into under rules 59150
adopted under section 3365.12 of the Revised Code shall furnish to 59151
a participant all textbooks and materials directly related to a 59152
course taken by the participant under division (B) of section 59153
3365.04 of the Revised Code. No college shall charge such 59154
participant for tuition, textbooks, materials, or other fees 59155
directly related to any such course.59156

       (B) No student enrolled under this chapter in a course for 59157
which credit toward high school graduation is awarded shall 59158
receive direct financial aid through any state or federal program.59159

       (C) If a school district provides transportation for resident 59160
school students in grades eleven and twelve under section 3327.01 59161
of the Revised Code, a parent of a pupil enrolled in a course 59162
under division (A)(2) or (B) of section 3365.04 of the Revised 59163
Code may apply to the board of education for full or partial 59164
reimbursement for the necessary costs of transporting the student 59165
between the secondary school the student attends and the college 59166
in which the student is enrolled. Reimbursement may be paid solely 59167
from funds received by the district for pupil transportation under 59168
section 3306.123317.0212 of the Revised Code or other provisions 59169
of law. The state board of education shall establish guidelines, 59170
based on financial need, under which a district may provide such 59171
reimbursement.59172

       (D) If a community school provides or arranges transportation 59173
for its pupils in grades nine through twelve under section 59174
3314.091 of the Revised Code, a parent of a pupil of the community 59175
school who is enrolled in a course under division (A)(2) or (B) of 59176
section 3365.04 of the Revised Code may apply to the governing 59177
authority of the community school for full or partial 59178
reimbursement of the necessary costs of transporting the student 59179
between the community school and the college. The governing 59180
authority may pay the reimbursement in accordance with the state 59181
board's rules adopted under division (C) of this section solely 59182
from funds paid to it under section 3314.091 of the Revised Code.59183

       Sec. 3375.41.  When a board of library trustees appointed 59184
pursuant to section 3375.06, 3375.10, 3375.12, 3375.15, 3375.22, 59185
or 3375.30 of the Revised Code determines to construct, demolish, 59186
alter, repair, or reconstruct a library or make any improvements 59187
or repairs, the cost of which will exceed twenty-five thousand 59188
dollars, except in cases of urgent necessity or for the security 59189
and protection of library property, it shall proceed as follows:59190

       (A) The board shall advertise for a period of two weeks for 59191
sealed bids in somea newspaper of general circulation in the 59192
district, and, if there are two such newspapers, the board shall 59193
advertise in both of themor as provided in section 7.16 of the 59194
Revised Code. If no newspaper has a general circulation in the 59195
district, the board shall post the advertisement in three public 59196
places in the district. The advertisement shall be entered in full 59197
by the fiscal officer on the record of proceedings of the board.59198

       (B) The sealed bids shall be filed with the fiscal officer by 59199
twelve noon of the last day stated in the advertisement.59200

       (C) The sealed bids shall be opened at the next meeting of 59201
the board, shall be publicly read by the fiscal officer, and shall 59202
be entered in full on the records of the board; provided that the 59203
board, by resolution, may provide for the public opening and 59204
reading of the bids by the fiscal officer, immediately after the 59205
time for their filing has expired, at the usual place of meeting 59206
of the board, and for the tabulation of the bids and a report of 59207
the tabulation to the board at its next meeting.59208

       (D) Each sealed bid shall contain the name of every person 59209
interested in it and shall meet the requirements of section 153.54 59210
of the Revised Code.59211

       (E) When both labor and materials are embraced in the work 59212
bid for, the board may require that each be separately stated in 59213
the sealed bid, with their price, or may require that bids be 59214
submitted without the separation.59215

       (F) None but the lowest responsible bid shall be accepted. 59216
The board may reject all the bids or accept any bid for both labor 59217
and material for the improvement or repair which is the lowest in 59218
the aggregate.59219

       (G) The contract shall be between the board and the bidders. 59220
The board shall pay the contract price for the work in cash at the 59221
times and in the amounts as provided by sections 153.12, 153.13, 59222
and 153.14 of the Revised Code.59223

       (H) When two or more bids are equal, in whole or in part, and 59224
are lower than any others, either may be accepted, but in no case 59225
shall the work be divided between these bidders.59226

       (I) When there is reason to believe there is collusion or 59227
combination among the bidders, the bids of those concerned in the 59228
collusion or combination shall be rejected.59229

       Sec. 3381.11.  The board of trustees of a regional arts and 59230
cultural district or any officer or employee designated by such 59231
board may make any contract for the purchase of supplies or 59232
material or for labor for any work, under the supervision of the 59233
board, the cost of which shall not exceed ten thousand dollars. 59234
When an expenditure, other than for the acquisition of real 59235
estate, the discharge of noncontractual claims, personal services, 59236
or for the product or services of public utilities, exceeds ten 59237
thousand dollars, such expenditure shall be made only after a 59238
notice calling for bids has been published once a week for two 59239
consecutive weeks in at least one newspaper of general circulation 59240
within the territory of the district or as provided in section 59241
7.16 of the Revised Code. The board may then let said contract to 59242
the lowest and best bidder, who shall give a good and approved 59243
bond with ample security conditioned on the carrying out of the 59244
contract. Such contract shall be in writing and shall be 59245
accompanied by or shall refer to plans and specifications for the 59246
work to be done, approved by the board. The plans and 59247
specifications shall at all times be made and considered part of 59248
the contract. The contract shall be approved by the board and 59249
signed on behalf of the district and by the contractor. No sale of 59250
any real or personal property or a lease thereof having a term 59251
thereof in excess of five years shall be made except with the 59252
highest and best bidder after publication of notice for bids in 59253
the manner above provided.59254

       Competitive bidding under this section is not required when:59255

       (A) The board, by a two-thirds affirmative vote of its 59256
members, determines that a real and present emergency exists and 59257
such determination and the reasons therefor are entered in the 59258
proceedings of the board, when:59259

       (1) The estimated cost is less than fifteen thousand dollars; 59260
or59261

       (2) There is actual physical damage to structures or 59262
equipment.59263

       (B) Such purchase consists of supplies or a replacement or 59264
supplemental part or parts for a product or equipment owned or 59265
leased by the district and the only source of supply for such 59266
supplies, part, or parts is limited to a single supplier;59267

       (C) The lease is a renewal of a lease for electronic data 59268
processing equipment, services, or systems;59269

       (D) Services or supplies are available from a qualified 59270
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the 59271
Revised Code;59272

       (E) With respect to any contract, agreement, or lease by a 59273
district with any arts or cultural organization or any 59274
governmental body or agency.59275

       Sec. 3501.03.  At least ten days before the time for holding 59276
an election the board of elections shall give public notice by a 59277
proclamation, posted in a conspicuous place in the courthouse and 59278
city hall, or by one insertion in a newspaper publishedof general 59279
circulation in the county, but if no newspaper is published in 59280
such county, then in a newspaper of general circulation therein.59281

       The board shall have authority to publicize information 59282
relative to registration or elections.59283

       Sec. 3501.17.  (A) The expenses of the board of elections 59284
shall be paid from the county treasury, in pursuance of 59285
appropriations by the board of county commissioners, in the same 59286
manner as other county expenses are paid. If the board of county 59287
commissioners fails to appropriate an amount sufficient to provide 59288
for the necessary and proper expenses of the board of elections 59289
pertaining to the conduct of elections, the board of elections may 59290
apply to the court of common pleas within the county, which shall 59291
fix the amount necessary to be appropriated and the amount shall 59292
be appropriated. Payments shall be made upon vouchers of the board 59293
of elections certified to by its chairperson or acting chairperson 59294
and the director or deputy director, upon warrants of the county 59295
auditor.59296

       The board of elections shall not incur any obligation 59297
involving the expenditure of money unless there are moneys 59298
sufficient in the funds appropriated therefor to meet the 59299
obligation. If the board of elections requests a transfer of funds 59300
from one of its appropriation items to another, the board of 59301
county commissioners shall adopt a resolution providing for the 59302
transfer except as otherwise provided in section 5705.40 of the 59303
Revised Code. The expenses of the board of elections shall be 59304
apportioned among the county and the various subdivisions as 59305
provided in this section, and the amount chargeable to each 59306
subdivision shall be withheld by the county auditor from the 59307
moneys payable thereto at the time of the next tax settlement. At 59308
the time of submitting budget estimates in each year, the board of 59309
elections shall submit to the taxing authority of each 59310
subdivision, upon the request of the subdivision, an estimate of 59311
the amount to be withheld from the subdivision during the next 59312
fiscal year.59313

       A board of township trustees may, by resolution, request that 59314
the county auditor withhold expenses charged to the township from 59315
a specified township fund that is to be credited with revenue at a 59316
tax settlement. The resolution shall specify the tax levy ballot 59317
issue, the date of the election on the levy issue, and the 59318
township fund from which the expenses the board of elections 59319
incurs related to that ballot issue shall be withheld.59320

       (B) Except as otherwise provided in division (F) of this 59321
section, the compensation of the members of the board of elections 59322
and of the director, deputy director, and regular employees in the 59323
board's offices, other than compensation for overtime worked; the 59324
expenditures for the rental, furnishing, and equipping of the 59325
office of the board and for the necessary office supplies for the 59326
use of the board; the expenditures for the acquisition, repair, 59327
care, and custody of the polling places, booths, guardrails, and 59328
other equipment for polling places; the cost of tally sheets, 59329
maps, flags, ballot boxes, and all other permanent records and 59330
equipment; the cost of all elections held in and for the state and 59331
county; and all other expenses of the board which are not 59332
chargeable to a political subdivision in accordance with this 59333
section shall be paid in the same manner as other county expenses 59334
are paid.59335

       (C) The compensation of judges of elections and intermittent 59336
employees in the board's offices; the cost of renting, moving, 59337
heating, and lighting polling places and of placing and removing 59338
ballot boxes and other fixtures and equipment thereof, including 59339
voting machines, marking devices, and automatic tabulating 59340
equipment; the cost of printing and delivering ballots, cards of 59341
instructions, registration lists required under section 3503.23 of 59342
the Revised Code, and other election supplies, including the 59343
supplies required to comply with division (H) of section 3506.01 59344
of the Revised Code; the cost of contractors engaged by the board 59345
to prepare, program, test, and operate voting machines, marking 59346
devices, and automatic tabulating equipment; and all other 59347
expenses of conducting primaries and elections in the odd-numbered 59348
years shall be charged to the subdivisions in and for which such 59349
primaries or elections are held. The charge for each primary or 59350
general election in odd-numbered years for each subdivision shall 59351
be determined in the following manner: first, the total cost of 59352
all chargeable items used in conducting such elections shall be 59353
ascertained; second, the total charge shall be divided by the 59354
number of precincts participating in such election, in order to 59355
fix the cost per precinct; third, the cost per precinct shall be 59356
prorated by the board of elections to the subdivisions conducting 59357
elections for the nomination or election of offices in such 59358
precinct; fourth, the total cost for each subdivision shall be 59359
determined by adding the charges prorated to it in each precinct 59360
within the subdivision.59361

       (D) The entire cost of special elections held on a day other 59362
than the day of a primary or general election, both in 59363
odd-numbered or in even-numbered years, shall be charged to the 59364
subdivision. Where a special election is held on the same day as a 59365
primary or general election in an even-numbered year, the 59366
subdivision submitting the special election shall be charged only 59367
for the cost of ballots and advertising. Where a special election 59368
is held on the same day as a primary or general election in an 59369
odd-numbered year, the subdivision submitting the special election 59370
shall be charged for the cost of ballots and advertising for such 59371
special election, in addition to the charges prorated to such 59372
subdivision for the election or nomination of candidates in each 59373
precinct within the subdivision, as set forth in the preceding 59374
paragraph.59375

       (E) Where a special election is held on the day specified by 59376
division (E) of section 3501.01 of the Revised Code for the 59377
holding of a primary election, for the purpose of submitting to 59378
the voters of the state constitutional amendments proposed by the 59379
general assembly, and a subdivision conducts a special election on 59380
the same day, the entire cost of the special election shall be 59381
divided proportionally between the state and the subdivision based 59382
upon a ratio determined by the number of issues placed on the 59383
ballot by each, except as otherwise provided in division (G) of 59384
this section. Such proportional division of cost shall be made 59385
only to the extent funds are available for such purpose from 59386
amounts appropriated by the general assembly to the secretary of 59387
state. If a primary election is also being conducted in the 59388
subdivision, the costs shall be apportioned as otherwise provided 59389
in this section.59390

       (F) When a precinct is open during a general, primary, or 59391
special election solely for the purpose of submitting to the 59392
voters a statewide ballot issue, the state shall bear the entire 59393
cost of the election in that precinct and shall reimburse the 59394
county for all expenses incurred in opening the precinct.59395

       (G)(1) The state shall bear the entire cost of advertising in 59396
newspapers statewide ballot issues, explanations of those issues, 59397
and arguments for or against those issues, as required by Section 59398
1g of Article II and Section 1 of Article XVI, Ohio Constitution, 59399
and any other section of law. Appropriations made to the 59400
controlling board shall be used to reimburse the secretary of 59401
state for all expenses the secretary of state incurs for such 59402
advertising under division (G) of section 3505.062 of the Revised 59403
Code.59404

       (2) There is hereby created in the state treasury the 59405
statewide ballot advertising fund. The fund shall receive 59406
transfers approved by the controlling board, and shall be used by 59407
the secretary of state to pay the costs of advertising state 59408
ballot issues as required under division (G)(1) of this section. 59409
Any such transfers may be requested from and approved by the 59410
controlling board prior to placing the advertising, in order to 59411
facilitate timely provision of the required advertising.59412

       (H) The cost of renting, heating, and lighting registration 59413
places; the cost of the necessary books, forms, and supplies for 59414
the conduct of registration; and the cost of printing and posting 59415
precinct registration lists shall be charged to the subdivision in 59416
which such registration is held.59417

       (I) At the request of a majority of the members of the board 59418
of elections, the board of county commissioners may, by 59419
resolution, establish an elections revenue fund. Except as 59420
otherwise provided in this division, the purpose of the fund shall 59421
be to accumulate revenue withheld by or paid to the county under 59422
this section for the payment of any expense related to the duties 59423
of the board of elections specified in section 3501.11 of the 59424
Revised Code, upon approval of a majority of the members of the 59425
board of elections. The fund shall not accumulate any revenue 59426
withheld by or paid to the county under this section for the 59427
compensation of the members of the board of elections or of the 59428
director, deputy director, or other regular employees in the 59429
board's offices, other than compensation for overtime worked.59430

        Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the 59431
Revised Code, the board of county commissioners may, by 59432
resolution, transfer money to the elections revenue fund from any 59433
other fund of the political subdivision from which such payments 59434
lawfully may be made. Following an affirmative vote of a majority 59435
of the members of the board of elections, the board of county 59436
commissioners may, by resolution, rescind an elections revenue 59437
fund established under this division. If an elections revenue fund 59438
is rescinded, money that has accumulated in the fund shall be 59439
transferred to the county general fund.59440

        (J) As used in this section:59441

       (1) "Political subdivision" and "subdivision" mean any board 59442
of county commissioners, board of township trustees, legislative 59443
authority of a municipal corporation, board of education, or any 59444
other board, commission, district, or authority that is empowered 59445
to levy taxes or permitted to receive the proceeds of a tax levy, 59446
regardless of whether the entity receives tax settlement moneys as 59447
described in division (A) of this section;59448

        (2) "Statewide ballot issue" means any ballot issue, whether 59449
proposed by the general assembly or by initiative or referendum, 59450
that is submitted to the voters throughout the state.59451

       Sec. 3505.13.  A contract for the printing of ballots 59452
involving a cost in excess of ten thousand dollars shall not be 59453
let until after five days' notice published once in a leading59454
newspaper publishedof general circulation in the county or upon 59455
notice given by mail by the board of elections, addressed to the 59456
responsible printing offices within the state. Except as otherwise 59457
provided in this section, each bid for such printing must be 59458
accompanied by a bond with at least two sureties, or a surety 59459
company, satisfactory to the board, in a sum double the amount of 59460
the bid, conditioned upon the faithful performance of the contract 59461
for such printing as is awarded and for the payment as damages by 59462
such bidder to the board of any excess of cost over the bid which 59463
it may be obliged to pay for such work by reason of the failure of 59464
the bidder to complete the contract. No bid unaccompanied by such 59465
bond shall be considered by the board. The board may, however, 59466
waive the requirement that each bid be accompanied by a bond if 59467
the cost of the contract is ten thousand dollars or less. The 59468
contract shall be let to the lowest responsible bidder in the 59469
state. All ballots shall be printed within the state.59470

       Sec. 3506.05.  (A) As used in this section, except when used 59471
as part of the phrase "tabulating equipment" or "automatic 59472
tabulating equipment":59473

       (1) "Equipment" means a voting machine, marking device, 59474
automatic tabulating equipment, or software.59475

       (2) "Vendor" means the person that owns, manufactures, 59476
distributes, or has the legal right to control the use of 59477
equipment, or the person's agent.59478

       (B) No voting machine, marking device, automatic tabulating 59479
equipment, or software for the purpose of casting or tabulating 59480
votes or for communications among systems involved in the 59481
tabulation, storage, or casting of votes shall be purchased, 59482
leased, put in use, or continued to be used, except for 59483
experimental use as provided in division (B) of section 3506.04 of 59484
the Revised Code, unless it, a manual of procedures governing its 59485
use, and training materials, service, and other support 59486
arrangements have been certified by the secretary of state and 59487
unless the board of elections of each county where the equipment 59488
will be used has assured that a demonstration of the use of the 59489
equipment has been made available to all interested electors. The 59490
secretary of state shall appoint a board of voting machine 59491
examiners to examine and approve equipment and its related manuals 59492
and support arrangements. The board shall consist of four members, 59493
who shall be appointed as follows:59494

        (1) Two members appointed by the secretary of state.59495

        (2) One member appointed by either the speaker of the house 59496
of representatives or the minority leader of the house of 59497
representatives, whichever is a member of the opposite political 59498
party from the one to which the secretary of state belongs.59499

        (3) One member appointed by either the president of the 59500
senate or the minority leader of the senate, whichever is a member 59501
of the opposite political party from the one to which the 59502
secretary of state belongs.59503

        In all cases of a tie vote or a disagreement in the board, if 59504
no decision can be arrived at, the board shall submit the matter 59505
in controversy to the secretary of state, who shall summarily 59506
decide the question, and the secretary of state's decision shall 59507
be final. Each member of the board shall be a competent and 59508
experienced election officer or a person who is knowledgeable 59509
about the operation of voting equipment and shall serve during the 59510
secretary of state's term. Any vacancy on the board shall be 59511
filled in the same manner as the original appointment. The 59512
secretary of state shall provide staffing assistance to the board, 59513
at the board's request.59514

        For the member's service, each member of the board shall 59515
receive three hundred dollars per day for each combination of 59516
marking device, tabulating equipment, and voting machine examined 59517
and reported, but in no event shall a member receive more than six 59518
hundred dollars to examine and report on any one marking device, 59519
item of tabulating equipment, or voting machine. Each member of 59520
the board shall be reimbursed for expenses the member incurs 59521
during an examination or during the performance of any related 59522
duties that may be required by the secretary of state. 59523
Reimbursement of these expenses shall be made in accordance with, 59524
and shall not exceed, the rates provided for under section 126.31 59525
of the Revised Code.59526

        Neither the secretary of state nor the board, nor any public 59527
officer who participates in the authorization, examination, 59528
testing, or purchase of equipment, shall have any pecuniary 59529
interest in the equipment or any affiliation with the vendor.59530

       (C)(1) A vendor who desires to have the secretary of state 59531
certify equipment shall first submit the equipment, all current 59532
related procedural manuals, and a current description of all 59533
related support arrangements to the board of voting machine 59534
examiners for examination, testing, and approval. The submission 59535
shall be accompanied by a fee of eighteentwo thousand four59536
hundred dollars and a detailed explanation of the construction and 59537
method of operation of the equipment, a full statement of its 59538
advantages, and a list of the patents and copyrights used in 59539
operations essential to the processes of vote recording and 59540
tabulating, vote storage, system security, and other crucial 59541
operations of the equipment as may be determined by the board. An 59542
additional fee, in an amount to be set by rules promulgated by the 59543
board, may be imposed to pay for the costs of alternative testing 59544
or testing by persons other than board members, record-keeping, 59545
and other extraordinary costs incurred in the examination process. 59546
Moneys not used shall be returned to the person or entity 59547
submitting the equipment for examination.59548

       (2) Fees collected by the secretary of state under this 59549
section shall be deposited into the state treasury to the credit 59550
of the board of voting machine examiners fund, which is hereby 59551
created. All moneys credited to this fund shall be used solely for 59552
the purpose of paying for the services and expenses of each member 59553
of the board or for other expenses incurred relating to the 59554
examination, testing, reporting, or certification of voting 59555
machine devices, the performance of any related duties as required 59556
by the secretary of state, or the reimbursement of any person 59557
submitting an examination fee as provided in this chapter.59558

       (D) Within sixty days after the submission of the equipment 59559
and payment of the fee, or as soon thereafter as is reasonably 59560
practicable, but in any event within not more than ninety days 59561
after the submission and payment, the board of voting machine 59562
examiners shall examine the equipment and file with the secretary 59563
of state a written report on the equipment with its 59564
recommendations and its determination or condition of approval 59565
regarding whether the equipment, manual, and other related 59566
materials or arrangements meet the criteria set forth in sections 59567
3506.07 and 3506.10 of the Revised Code and can be safely used by 59568
the voters at elections under the conditions prescribed in Title 59569
XXXV of the Revised Code, or a written statement of reasons for 59570
which testing requires a longer period. The board may grant 59571
temporary approval for the purpose of allowing experimental use of 59572
equipment. If the board finds that the equipment meets the 59573
criteria set forth in sections 3506.06, 3506.07, and 3506.10 of 59574
the Revised Code, can be used safely and can be depended upon to 59575
record and count accurately and continuously the votes of 59576
electors, and has the capacity to be warranted, maintained, and 59577
serviced, it shall approve the equipment and recommend that the 59578
secretary of state certify the equipment. The secretary of state 59579
shall notify all boards of elections of any such certification. 59580
Equipment of the same model and make, if it provides for recording 59581
of voter intent, system security, voter privacy, retention of 59582
vote, and communication of voting records in an identical manner, 59583
may then be adopted for use at elections.59584

       (E) The vendor shall notify the secretary of state, who shall 59585
then notify the board of voting machine examiners, of any 59586
enhancement and any significant adjustment to the hardware or 59587
software that could result in a patent or copyright change or that 59588
significantly alters the methods of recording voter intent, system 59589
security, voter privacy, retention of the vote, communication of 59590
voting records, and connections between the system and other 59591
systems. The vendor shall provide the secretary of state with an 59592
updated operations manual for the equipment, and the secretary of 59593
state shall forward the manual to the board. Upon receiving such a 59594
notification and manual, the board may require the vendor to 59595
submit the equipment to an examination and test in order for the 59596
equipment to remain certified. The board or the secretary of state 59597
shall periodically examine, test, and inspect certified equipment 59598
to determine continued compliance with the requirements of this 59599
chapter and the initial certification. Any examination, test, or 59600
inspection conducted for the purpose of continuing certification 59601
of any equipment in which a significant problem has been uncovered 59602
or in which a record of continuing problems exists shall be 59603
performed pursuant to divisions (C) and (D) of this section, in 59604
the same manner as the examination, test, or inspection is 59605
performed for initial approval and certification.59606

       (F) If, at any time after the certification of equipment, the 59607
board of voting machine examiners or the secretary of state is 59608
notified by a board of elections of any significant problem with 59609
the equipment or determines that the equipment fails to meet the 59610
requirements necessary for approval or continued compliance with 59611
the requirements of this chapter, or if the board of voting 59612
machine examiners determines that there are significant 59613
enhancements or adjustments to the hardware or software, or if 59614
notice of such enhancements or adjustments has not been given as 59615
required by division (E) of this section, the secretary of state 59616
shall notify the users and vendors of that equipment that 59617
certification of the equipment may be withdrawn.59618

       (G)(1) The notice given by the secretary of state under 59619
division (F) of this section shall be in writing and shall specify 59620
both of the following:59621

       (a) The reasons why the certification may be withdrawn;59622

       (b) The date on which certification will be withdrawn unless 59623
the vendor takes satisfactory corrective measures or explains why 59624
there are no problems with the equipment or why the enhancements 59625
or adjustments to the equipment are not significant.59626

       (2) A vendor who receives a notice under division (F) of this 59627
section shall, within thirty days after receiving it, submit to 59628
the board of voting machine examiners in writing a description of 59629
the corrective measures taken and the date on which they were 59630
taken, or the explanation required under division (G)(1)(b) of 59631
this section.59632

       (3) Not later than fifteen days after receiving a written 59633
description or explanation under division (G)(2) of this section 59634
from a vendor, the board shall determine whether the corrective 59635
measures taken or the explanation is satisfactory to allow 59636
continued certification of the equipment, and the secretary of 59637
state shall send the vendor a written notice of the board's 59638
determination, specifying the reasons for it. If the board has 59639
determined that the measures taken or the explanation given is 59640
unsatisfactory, the notice shall include the effective date of 59641
withdrawal of the certification. This date may be different from 59642
the date originally specified in division (G)(1)(b) of this 59643
section.59644

       (4) A vendor who receives a notice under division (G)(3) of 59645
this section indicating a decision to withdraw certification may, 59646
within thirty days after receiving it, request in writing that the 59647
board hold a hearing to reconsider its decision. Any interested 59648
party shall be given the opportunity to submit testimony or 59649
documentation in support of or in opposition to the board's 59650
recommendation to withdraw certification. Failure of the vendor to 59651
take appropriate steps as described in division (G)(1)(b) or to 59652
comply with division (G)(2) of this section results in a waiver of 59653
the vendor's rights under division (G)(4) of this section.59654

       (H)(1) The secretary of state, in consultation with the board 59655
of voting machine examiners, shall establish, by rule, guidelines 59656
for the approval, certification, and continued certification of 59657
the voting machines, marking devices, and tabulating equipment to 59658
be used under Title XXXV of the Revised Code. The guidelines shall 59659
establish procedures requiring vendors or computer software 59660
developers to place in escrow with an independent escrow agent 59661
approved by the secretary of state a copy of all source code and 59662
related documentation, together with periodic updates as they 59663
become known or available. The secretary of state shall require 59664
that the documentation include a system configuration and that the 59665
source code include all relevant program statements in low- or 59666
high-level languages. As used in this division, "source code" does 59667
not include variable codes created for specific elections.59668

       (2) Nothing in any rule adopted under division (H) of this 59669
section shall be construed to limit the ability of the secretary 59670
of state to follow or adopt, or to preclude the secretary of state 59671
from following or adopting, any guidelines proposed by the federal 59672
election commission, any entity authorized by the federal election 59673
commission to propose guidelines, the election assistance 59674
commission, or any entity authorized by the election assistance 59675
commission to propose guidelines.59676

       (3)(a) Before the initial certification of any direct 59677
recording electronic voting machine with a voter verified paper 59678
audit trail, and as a condition for the continued certification 59679
and use of those machines, the secretary of state shall establish, 59680
by rule, standards for the certification of those machines. Those 59681
standards shall include, but are not limited to, all of the 59682
following:59683

       (i) A definition of a voter verified paper audit trail as a 59684
paper record of the voter's choices that is verified by the voter 59685
prior to the casting of the voter's ballot and that is securely 59686
retained by the board of elections;59687

       (ii) Requirements that the voter verified paper audit trail 59688
shall not be retained by any voter and shall not contain 59689
individual voter information;59690

       (iii) A prohibition against the production by any direct 59691
recording electronic voting machine of anything that legally could 59692
be removed by the voter from the polling place, such as a receipt 59693
or voter confirmation;59694

       (iv) A requirement that paper used in producing a voter 59695
verified paper audit trail be sturdy, clean, and resistant to 59696
degradation;59697

       (v) A requirement that the voter verified paper audit trail 59698
shall be capable of being optically scanned for the purpose of 59699
conducting a recount or other audit of the voting machine and 59700
shall be readable in a manner that makes the voter's ballot 59701
choices obvious to the voter without the use of computer or 59702
electronic codes;59703

       (vi) A requirement, for office-type ballots, that the voter 59704
verified paper audit trail include the name of each candidate 59705
selected by the voter;59706

        (vii) A requirement, for questions and issues ballots, that 59707
the voter verified paper audit trail include the title of the 59708
question or issue, the name of the entity that placed the question 59709
or issue on the ballot, and the voter's ballot selection on that 59710
question or issue, but not the entire text of the question or 59711
issue.59712

        (b) The secretary of state, by rule adopted under Chapter 59713
119. of the Revised Code, may waive the requirement under division 59714
(H)(3)(a)(v) of this section, if the secretary of state determines 59715
that the requirement is cost prohibitive.59716

       (4)(a) Except as otherwise provided in division (H)(4)(c) of 59717
this section, any voting machine, marking device, or automatic 59718
tabulating equipment initially certified or acquired on or after 59719
December 1, 2008, shall have the most recent federal certification 59720
number issued by the election assistance commission.59721

        (b) Any voting machine, marking device, or automatic 59722
tabulating equipment certified for use in this state on the 59723
effective date of this amendmentSeptember 12, 2008, shall meet, 59724
as a condition of continued certification and use, the voting 59725
system standards adopted by the federal election commission in 59726
2002.59727

        (c) A county that acquires additional voting machines, 59728
marking devices, or automatic tabulating equipment on or after 59729
December 1, 2008, shall not be considered to have acquired those 59730
machines, devices, or equipment on or after December 1, 2008, for 59731
the purpose of division (H)(4)(a) of this section if all of the 59732
following apply:59733

        (i) The voting machines, marking devices, or automatic 59734
tabulating equipment acquired are the same as the machines, 59735
devices, or equipment currently used in that county.59736

        (ii) The acquisition of the voting machines, marking devices, 59737
or automatic tabulating equipment does not replace or change the 59738
primary voting system used in that county.59739

        (iii) The acquisition of the voting machines, marking 59740
devices, or automatic tabulating equipment is for the purpose of 59741
replacing inoperable machines, devices, or equipment or for the 59742
purpose providing additional machines, devices, or equipment 59743
required to meet the allocation requirements established pursuant 59744
to division (I) of section 3501.11 of the Revised Code.59745

       Sec. 3521.04.  Notwithstanding any provision of section 59746
109.02 of the Revised Code to the contrary, the speaker of the 59747
house of representatives and the president of the senate jointly 59748
may choose to have the general assembly represented by either the 59749
attorney general or by private legal counsel in regard to any 59750
lawsuit challenging the constitutionality or legality of 59751
congressional districts established under this chapter.59752

       Sec. 3701.021.  (A) The public health council shall adopt, in 59753
accordance with Chapter 119. of the Revised Code, such rules as 59754
are necessary to carry out sections 3701.021 to 3701.0210 of the 59755
Revised Code, including, but not limited to, rules to establish 59756
the following:59757

       (1) Medical and financial eligibility requirements for the 59758
program for medically handicapped children;59759

       (2) Eligibility requirements for providers of services for 59760
medically handicapped children;59761

       (3) Procedures to be followed by the department of health in 59762
disqualifying providers for violating requirements adopted under 59763
division (A)(2) of this section;59764

       (4) Procedures to be used by the department regarding 59765
application for diagnostic services under division (B) of section 59766
3701.023 of the Revised Code and payment for those services under 59767
division (E) of that section;59768

       (5) Standards for the provision of service coordination by 59769
the department of health and city and general health districts;59770

       (6) Procedures for the department to use to determine the 59771
amount to be paid annually by each county for services for 59772
medically handicapped children and to allow counties to retain 59773
funds under divisions (A)(2) and (3) of section 3701.024 of the 59774
Revised Code;59775

       (7) Financial eligibility requirements for services for Ohio 59776
residents twenty-one years of age or older who have cystic 59777
fibrosis;59778

       (8) Criteria for payment of approved providers who provide 59779
services for medically handicapped children;59780

       (9) Criteria for the department to use in determining whether 59781
the payment of health insurance premiums of participants in the 59782
program for medically handicapped children is cost-effective;59783

       (10) Procedures for appeal of denials of applications under 59784
divisions (A) and (D) of section 3701.023 of the Revised Code, 59785
disqualification of providers, and amounts paid for services;59786

       (11) Terms of appointment for members of the medically 59787
handicapped children's medical advisory council created in section 59788
3701.025 of the Revised Code;59789

       (12) Eligibility requirements for the hemophilia program, 59790
including income and hardship requirements;59791

       (13) If a manufacturer rebate or discount program is 59792
established under division (J) of section 3701.023 of the Revised 59793
Code, procedures for administering the program, including criteria 59794
and other requirements for participation in the program by 59795
manufacturers of drugs and nutritional formulas.59796

       (B) The department of health shall develop a manual of 59797
operational procedures and guidelines for the program for 59798
medically handicapped children to implement sections 3701.021 to 59799
3701.0210 of the Revised Code.59800

       Sec. 3701.023.  (A) The department of health shall review 59801
applications for eligibility for the program for medically 59802
handicapped children that are submitted to the department by city 59803
and general health districts and physician providers approved in 59804
accordance with division (C) of this section. The department shall 59805
determine whether the applicants meet the medical and financial 59806
eligibility requirements established by the public health council 59807
pursuant to division (A)(1) of section 3701.021 of the Revised 59808
Code, and by the department in the manual of operational 59809
procedures and guidelines for the program for medically 59810
handicapped children developed pursuant to division (B) of that 59811
section. Referrals of potentially eligible children for the 59812
program may be submitted to the department on behalf of the child 59813
by parents, guardians, public health nurses, or any other 59814
interested person. The department of health may designate other 59815
agencies to refer applicants to the department of health.59816

       (B) In accordance with the procedures established in rules 59817
adopted under division (A)(4) of section 3701.021 of the Revised 59818
Code, the department of health shall authorize a provider or 59819
providers to provide to any Ohio resident under twenty-one years 59820
of age, without charge to the resident or the resident's family 59821
and without restriction as to the economic status of the resident 59822
or the resident's family, diagnostic services necessary to 59823
determine whether the resident has a medically handicapping or 59824
potentially medically handicapping condition.59825

       (C) The department of health shall review the applications of 59826
health professionals, hospitals, medical equipment suppliers, and 59827
other individuals, groups, or agencies that apply to become 59828
providers. The department shall enter into a written agreement 59829
with each applicant who is determined, pursuant to the 59830
requirements set forth in rules adopted under division (A)(2) of 59831
section 3701.021 of the Revised Code, to be eligible to be a 59832
provider in accordance with the provider agreement required by the 59833
medical assistance program established under section 5111.01 of 59834
the Revised Code. No provider shall charge a medically handicapped 59835
child or the child's parent or guardian for services authorized by 59836
the department under division (B) or (D) of this section.59837

       The department, in accordance with rules adopted under 59838
division (A)(3) of section 3701.021 of the Revised Code, may 59839
disqualify any provider from further participation in the program 59840
for violating any requirement set forth in rules adopted under 59841
division (A)(2) of that section. The disqualification shall not 59842
take effect until a written notice, specifying the requirement 59843
violated and describing the nature of the violation, has been 59844
delivered to the provider and the department has afforded the 59845
provider an opportunity to appeal the disqualification under 59846
division (H) of this section.59847

       (D) The department of health shall evaluate applications from 59848
city and general health districts and approved physician providers 59849
for authorization to provide treatment services, service 59850
coordination, and related goods to children determined to be 59851
eligible for the program for medically handicapped children 59852
pursuant to division (A) of this section. The department shall 59853
authorize necessary treatment services, service coordination, and 59854
related goods for each eligible child in accordance with an 59855
individual plan of treatment for the child. As an alternative, the 59856
department may authorize payment of health insurance premiums on 59857
behalf of eligible children when the department determines, in 59858
accordance with criteria set forth in rules adopted under division 59859
(A)(9) of section 3701.021 of the Revised Code, that payment of 59860
the premiums is cost-effective.59861

       (E) The department of health shall pay, from appropriations 59862
to the department, any necessary expenses, including but not 59863
limited to, expenses for diagnosis, treatment, service 59864
coordination, supportive services, transportation, and accessories 59865
and their upkeep, provided to medically handicapped children, 59866
provided that the provision of the goods or services is authorized 59867
by the department under division (B) or (D) of this section. Money 59868
appropriated to the department of health may also be expended for 59869
reasonable administrative costs incurred by the program. The 59870
department of health also may purchase liability insurance 59871
covering the provision of services under the program for medically 59872
handicapped children by physicians and other health care 59873
professionals.59874

       Payments made to providers by the department of health 59875
pursuant to this division for inpatient hospital care, outpatient 59876
care, and all other medical assistance furnished to eligible 59877
recipients shall be made in accordance with rules adopted by the 59878
public health council pursuant to division (A) of section 3701.021 59879
of the Revised Code.59880

       The departments of health and job and family services shall 59881
jointly implement procedures to ensure that duplicate payments are 59882
not made under the program for medically handicapped children and 59883
the medical assistance program established under section 5111.01 59884
of the Revised Code and to identify and recover duplicate 59885
payments.59886

       (F) At the time of applying for participation in the program 59887
for medically handicapped children, a medically handicapped child 59888
or the child's parent or guardian shall disclose the identity of 59889
any third party against whom the child or the child's parent or 59890
guardian has or may have a right of recovery for goods and 59891
services provided under division (B) or (D) of this section. The 59892
department of health shall require a medically handicapped child 59893
who receives services from the program or the child's parent or 59894
guardian to apply for all third-party benefits for which the child 59895
may be eligible and require the child, parent, or guardian to 59896
apply all third-party benefits received to the amount determined 59897
under division (E) of this section as the amount payable for goods 59898
and services authorized under division (B) or (D) of this section. 59899
The department is the payer of last resort and shall pay for 59900
authorized goods or services, up to the amount determined under 59901
division (E) of this section for the authorized goods or services, 59902
only to the extent that payment for the authorized goods or 59903
services is not made through third-party benefits. When a third 59904
party fails to act on an application or claim for benefits by a 59905
medically handicapped child or the child's parent or guardian, the 59906
department shall pay for the goods or services only after ninety 59907
days have elapsed since the date the child, parents, or guardians 59908
made an application or claim for all third-party benefits. 59909
Third-party benefits received shall be applied to the amount 59910
determined under division (E) of this section. Third-party 59911
payments for goods and services not authorized under division (B) 59912
or (D) of this section shall not be applied to payment amounts 59913
determined under division (E) of this section. Payment made by the 59914
department shall be considered payment in full of the amount 59915
determined under division (E) of this section. Medicaid payments 59916
for persons eligible for the medical assistance program 59917
established under section 5111.01 of the Revised Code shall be 59918
considered payment in full of the amount determined under division 59919
(E) of this section.59920

       (G) The department of health shall administer a program to 59921
provide services to Ohio residents who are twenty-one or more 59922
years of age who have cystic fibrosis and who meet the eligibility 59923
requirements established by the rules of the public health council 59924
pursuant to division (A)(7) of section 3701.021 of the Revised 59925
Code, subject to all provisions of this section, but not subject 59926
to section 3701.024 of the Revised Code.59927

       (H) The department of health shall provide for appeals, in 59928
accordance with rules adopted under section 3701.021 of the 59929
Revised Code, of denials of applications for the program for 59930
medically handicapped children under division (A) or (D) of this 59931
section, disqualification of providers, or amounts paid under 59932
division (E) of this section. Appeals under this division are not 59933
subject to Chapter 119. of the Revised Code.59934

       The department may designate ombudspersons to assist 59935
medically handicapped children or their parents or guardians, upon 59936
the request of the children, parents, or guardians, in filing 59937
appeals under this division and to serve as children's, parents', 59938
or guardians' advocates in matters pertaining to the 59939
administration of the program for medically handicapped children 59940
and eligibility for program services. The ombudspersons shall 59941
receive no compensation but shall be reimbursed by the department, 59942
in accordance with rules of the office of budget and management, 59943
for their actual and necessary travel expenses incurred in the 59944
performance of their duties.59945

       (I) The department of health, and city and general health 59946
districts providing service coordination pursuant to division 59947
(A)(2) of section 3701.024 of the Revised Code, shall provide 59948
service coordination in accordance with the standards set forth in 59949
the rules adopted under section 3701.021 of the Revised Code, 59950
without charge, and without restriction as to economic status.59951

       (J) The department of health may establish a manufacturer 59952
rebate or discount program under which it requires a manufacturer 59953
of a drug or nutritional formula to enter into a rebate or 59954
discount agreement with the department as a condition of having 59955
the drug or nutritional formula covered by the programs 59956
administered by the department's bureau for children with medical 59957
handicaps. The program shall be administered in accordance with 59958
rules adopted under section 3701.021 of the Revised Code.59959

       When entering into a rebate or discount agreement under the 59960
program, the manufacturer and the department shall negotiate the 59961
amount of the rebate or discount. A rebate shall consist of a 59962
refund of a portion of the price of a drug or nutritional formula.59963

       Sec. 3701.0211.  For each year that federal funds are made 59964
available to states under Title V of the "Social Security Act," 59965
124 Stat. 352 (2010), 42 U.S.C. 710, as amended, for use in 59966
providing abstinence education, the director of health shall 59967
submit to the United States secretary of health and human services 59968
an application for the allotment of those funds that is available 59969
to this state. The director shall use the funds received in 59970
accordance with any conditions under which the application was 59971
approved.59972

       Sec. 3701.032.  The director of health may adopt rules 59973
defining what constitutes a "health home" for the purpose of any 59974
entity that is authorized to provide care coordination services. 59975
The rules shall be adopted in accordance with Chapter 119. of the 59976
Revised Code.59977

       Sec. 3701.07.  (A) The public health council shall adopt 59978
rules in accordance with Chapter 119. of the Revised Code defining 59979
and classifying hospitals and dispensaries and providing for the 59980
reporting of information by hospitals and dispensaries. Except as 59981
otherwise provided in the Revised Code, the rules providing for 59982
the reporting of information shall not require inclusion of any 59983
confidential patient data or any information concerning the 59984
financial condition, income, expenses, or net worth of the 59985
facilities other than that financial information already contained 59986
in those portions of the medicare or medicaid cost report that is 59987
necessary for the department of health to certify the per diem 59988
cost under section 3701.62 of the Revised Code. The rules may 59989
require the reporting of information in the following categories:59990

       (1) Information needed to identify and classify the 59991
institution;59992

       (2) Information on facilities and type and volume of services 59993
provided by the institution;59994

       (3) The number of beds listed by category of care provided;59995

       (4) The number of licensed or certified professional 59996
employees by classification;59997

       (5) The number of births that occurred at the institution the 59998
previous calendar year;59999

       (6) Any other information that the council considers relevant 60000
to the safety of patients served by the institution.60001

       Every hospital and dispensary, public or private, annually 60002
shall register with and report to the department of health. 60003
Reports shall be submitted in the manner prescribed in rules 60004
adopted under this division.60005

       (B) Every governmental entity or private nonprofit 60006
corporation or association whose employees or representatives are 60007
defined as residents' rights advocates under divisions (E)(1) and 60008
(2) of section 3721.10 or division (A)(10) of section 3722.01 of 60009
the Revised Code shall register with the department of health on 60010
forms furnished by the director of health and shall provide such 60011
reasonable identifying information as the director may prescribe.60012

       The department shall compile a list of the governmental 60013
entities, corporations, or associations registering under this 60014
division and shall update the list annually. Copies of the list 60015
shall be made available to nursing home administrators as defined 60016
in division (C) of section 3721.10 of the Revised Code and to 60017
adult care facility managers as defined in section 3722.015119.7060018
of the Revised Code.60019

       Sec. 3701.61. (A) The department of health shall establish 60020
the help me grow program for the purpose of encouragingto 60021
encourage early prenatal and well-baby care and to provide 60022
family-centered parenting education, services, and support that 60023
acknowledge and support the vital role of families in ensuring the 60024
well-being of children and that promote the optimal social, 60025
emotional, cognitive, intellectual, and physical development of 60026
children. The program shall include distributing subsidies to 60027
counties to provide the following services:60028

        (1) Home-visitingFamily-centered home visiting services to 60029
newborn infants and their families with family incomes below two 60030
hundred per cent of the federal poverty guidelines and with a 60031
pregnant woman or an infant or toddler under two years of age and 60032
other families who meet the eligibility requirements established 60033
in rules adopted under this section;60034

        (2) ServicesPart C early intervention services to infants 60035
and toddlers under three years of age who are at risk for, or who 60036
have, a developmental delay or disability and their familiesmeet 60037
the eligibility requirements established in rules adopted under 60038
this section.60039

        (B) The department shall obtain written consent from a 60040
pregnant woman or a parent of an infant or toddler before 60041
providing any services under the help me grow program. 60042
Participation in home visiting services is voluntary.60043

       (C) The department shall not provide home-visiting services 60044
under the help me grow program unless requested in writing by a 60045
parent of the infant or toddlerdirector of health may enter into 60046
an interagency agreement with one or more state agencies to 60047
implement the help me grow program and ensure coordination of 60048
early childhood programs.60049

       (D) The director may distribute help me grow program funds 60050
through contracts, grants, or subsidies to entities providing 60051
services under the program.60052

       (E) To the extent funds are available, the department shall 60053
establish a system of payment to providers of home visiting and 60054
part C early intervention services.60055

       (C)(F) Providers shall deliver home visiting services using 60056
the parents as teachers home visiting model, which is an 60057
evidence-based model that focuses on parent-child interaction, 60058
development-centered parenting, and family well-being. The 60059
director may select other home visiting models to be used by 60060
providers delivering services in addition to the parents as 60061
teachers home visiting model.60062

       (G) As a condition of receiving payments for home visiting 60063
services, providers shall report to the director data on the 60064
program performance indicators that are used to assess progress 60065
toward achieving the goals of the program. The report shall 60066
include data on the performance indicator of birth outcomes, 60067
including risk indicators of low birth weight and pre-term births, 60068
and data on all other performance indicators specified in rules 60069
adopted under this section. The providers shall report the data in 60070
the format and within the time frames specified in the rules. 60071

       The director shall prepare an annual report on the data 60072
received from the providers.60073

       (H) Pursuant to Chapter 119. of the Revised Code, the60074
departmentdirector shall adopt rules that are necessary and 60075
proper to implement this section. The rules shall specify all of 60076
the following:60077

       (1) Eligibility requirements for home visiting services and 60078
part C early intervention services;60079

       (2) Eligibility requirements for providers of part C early 60080
intervention services;60081

       (3) Standards and procedures for the provision of part C 60082
early intervention services, including data collection, program 60083
monitoring, and program evaluation; 60084

       (4) Procedures for appealing the denial of an application for 60085
program services or the termination of services;60086

       (5) Procedures for appealing the denial of an application to 60087
become a provider of program services or the termination of the 60088
department's approval of a provider;60089

       (6) Procedures for addressing complaints;60090

       (7) The program performance indicators on which data must be 60091
reported by providers of home visiting services under division (G) 60092
of this section, which, to the extent possible, shall be 60093
consistent with federal reporting requirements for federally 60094
funded home visiting services;60095

       (8) The format in which reports must be submitted under 60096
division (G) of this section and the time frames within which the 60097
reports must be submitted; 60098

        (9) Criteria for payment of approved providers of program 60099
services;60100

       (10) Any other rules necessary to implement the program.60101

       (I) A family enrolled in the help me grow at-risk program on 60102
the effective date of this amendment shall be eligible for at-risk 60103
services until December 31, 2013, or until the eligible child 60104
reaches three years of age, whichever occurs first.60105

       Sec. 3701.74.  (A) As used in this section and section 60106
3701.741 of the Revised Code:60107

       (1) "Ambulatory care facility" means a facility that provides 60108
medical, diagnostic, or surgical treatment to patients who do not 60109
require hospitalization, including a dialysis center, ambulatory 60110
surgical facility, cardiac catheterization facility, diagnostic 60111
imaging center, extracorporeal shock wave lithotripsy center, home 60112
health agency, inpatient hospice, birthing center, radiation 60113
therapy center, emergency facility, and an urgent care center. 60114
"Ambulatory care facility" does not include the private office of 60115
a physician or dentist, whether the office is for an individual or 60116
group practice.60117

       (2) "Chiropractor" means an individual licensed under Chapter 60118
4734. of the Revised Code to practice chiropractic.60119

       (3) "Emergency facility" means a hospital emergency 60120
department or any other facility that provides emergency medical 60121
services.60122

       (4) "Health care practitioner" means all of the following:60123

       (a) A dentist or dental hygienist licensed under Chapter 60124
4715. of the Revised Code;60125

       (b) A registered or licensed practical nurse licensed under 60126
Chapter 4723. of the Revised Code;60127

       (c) An optometrist licensed under Chapter 4725. of the 60128
Revised Code;60129

       (d) A dispensing optician, spectacle dispensing optician, 60130
contact lens dispensing optician, or spectacle-contact lens 60131
dispensing optician licensed under Chapter 4725. of the Revised 60132
Code;60133

       (e) A pharmacist licensed under Chapter 4729. of the Revised 60134
Code;60135

       (f) A physician;60136

       (g) A physician assistant authorized under Chapter 4730. of 60137
the Revised Code to practice as a physician assistant;60138

       (h) A practitioner of a limited branch of medicine issued a 60139
certificate under Chapter 4731. of the Revised Code;60140

       (i) A psychologist licensed under Chapter 4732. of the 60141
Revised Code;60142

       (j) A chiropractor;60143

       (k) A hearing aid dealer or fitter licensed under Chapter 60144
4747. of the Revised Code;60145

       (l) A speech-language pathologist or audiologist licensed 60146
under Chapter 4753. of the Revised Code;60147

       (m) An occupational therapist or occupational therapy 60148
assistant licensed under Chapter 4755. of the Revised Code;60149

       (n) A physical therapist or physical therapy assistant 60150
licensed under Chapter 4755. of the Revised Code;60151

       (o) A professional clinical counselor, professional 60152
counselor, social worker, or independent social worker licensed, 60153
or a social work assistant registered, under Chapter 4757. of the 60154
Revised Code;60155

       (p) A dietitian licensed under Chapter 4759. of the Revised 60156
Code;60157

       (q) A respiratory care professional licensed under Chapter 60158
4761. of the Revised Code;60159

       (r) An emergency medical technician-basic, emergency medical 60160
technician-intermediate, or emergency medical technician-paramedic 60161
certified under Chapter 4765. of the Revised Code.60162

       (5) "Health care provider" means a hospital, ambulatory care 60163
facility, long-term care facility, pharmacy, emergency facility, 60164
or health care practitioner.60165

       (6) "Hospital" has the same meaning as in section 3727.01 of 60166
the Revised Code.60167

       (7) "Long-term care facility" means a nursing home, 60168
residential care facility, or home for the aging, as those terms 60169
are defined in section 3721.01 of the Revised Code; an adult care 60170
facility, as defined in section 3722.015119.70 of the Revised 60171
Code; a nursing facility or intermediate care facility for the 60172
mentally retarded, as those terms are defined in section 5111.20 60173
of the Revised Code; a facility or portion of a facility certified 60174
as a skilled nursing facility under Title XVIII of the "Social 60175
Security Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.60176

       (8) "Medical record" means data in any form that pertains to 60177
a patient's medical history, diagnosis, prognosis, or medical 60178
condition and that is generated and maintained by a health care 60179
provider in the process of the patient's health care treatment.60180

       (9) "Medical records company" means a person who stores, 60181
locates, or copies medical records for a health care provider, or 60182
is compensated for doing so by a health care provider, and charges 60183
a fee for providing medical records to a patient or patient's 60184
representative.60185

       (10) "Patient" means either of the following:60186

       (a) An individual who received health care treatment from a 60187
health care provider;60188

       (b) A guardian, as defined in section 1337.11 of the Revised 60189
Code, of an individual described in division (A)(10)(a) of this 60190
section.60191

       (11) "Patient's personal representative" means a minor 60192
patient's parent or other person acting in loco parentis, a 60193
court-appointed guardian, or a person with durable power of 60194
attorney for health care for a patient, the executor or 60195
administrator of the patient's estate, or the person responsible 60196
for the patient's estate if it is not to be probated. "Patient's 60197
personal representative" does not include an insurer authorized 60198
under Title XXXIX of the Revised Code to do the business of 60199
sickness and accident insurance in this state, a health insuring 60200
corporation holding a certificate of authority under Chapter 1751. 60201
of the Revised Code, or any other person not named in this 60202
division.60203

       (12) "Pharmacy" has the same meaning as in section 4729.01 of 60204
the Revised Code.60205

       (13) "Physician" means a person authorized under Chapter 60206
4731. of the Revised Code to practice medicine and surgery, 60207
osteopathic medicine and surgery, or podiatric medicine and 60208
surgery.60209

       (14) "Authorized person" means a person to whom a patient has 60210
given written authorization to act on the patient's behalf 60211
regarding the patient's medical record.60212

       (B) A patient, a patient's personal representative or an 60213
authorized person who wishes to examine or obtain a copy of part 60214
or all of a medical record shall submit to the health care 60215
provider a written request signed by the patient, personal 60216
representative, or authorized person dated not more than one year 60217
before the date on which it is submitted. The request shall 60218
indicate whether the copy is to be sent to the requestor, 60219
physician or chiropractor, or held for the requestor at the office 60220
of the health care provider. Within a reasonable time after 60221
receiving a request that meets the requirements of this division 60222
and includes sufficient information to identify the record 60223
requested, a health care provider that has the patient's medical 60224
records shall permit the patient to examine the record during 60225
regular business hours without charge or, on request, shall 60226
provide a copy of the record in accordance with section 3701.741 60227
of the Revised Code, except that if a physician or chiropractor 60228
who has treated the patient determines for clearly stated 60229
treatment reasons that disclosure of the requested record is 60230
likely to have an adverse effect on the patient, the health care 60231
provider shall provide the record to a physician or chiropractor 60232
designated by the patient. The health care provider shall take 60233
reasonable steps to establish the identity of the person making 60234
the request to examine or obtain a copy of the patient's record.60235

       (C) If a health care provider fails to furnish a medical 60236
record as required by division (B) of this section, the patient, 60237
personal representative, or authorized person who requested the 60238
record may bring a civil action to enforce the patient's right of 60239
access to the record.60240

       (D)(1) This section does not apply to medical records whose 60241
release is covered by section 173.20 or 3721.13 of the Revised 60242
Code, by Chapter 1347. or 5122. of the Revised Code, by 42 C.F.R. 60243
part 2, "Confidentiality of Alcohol and Drug Abuse Patient 60244
Records," or by 42 C.F.R. 483.10.60245

       (2) Nothing in this section is intended to supersede the 60246
confidentiality provisions of sections 2305.24, 2305.25, 2305.251, 60247
and 2305.252 of the Revised Code.60248

       Sec. 3701.83.  (A) There is hereby created in the state 60249
treasury the general operations fund. Moneys in the fund shall be 60250
used for the purposes specified in sections 3701.04, 3701.344, 60251
3702.20, 3710.15, 3711.16, 3717.45, 3718.06, 3721.02, 3722.04,60252
3729.07, 3733.04, 3733.25, 3733.43, 3748.04, 3748.05, 3748.07, 60253
3748.12, 3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and 4769.09 60254
of the Revised Code.60255

       (B) The alcohol testing program fund is hereby created in the 60256
state treasury. The director of health shall use the fund to 60257
administer and enforce the alcohol testing and permit program 60258
authorized by section 3701.143 of the Revised Code.60259

       The fund shall receive transfers from the liquor control fund 60260
created under section 4301.12 of the Revised Code. All investment 60261
earnings of the alcohol testing program fund shall be credited to 60262
the fund.60263

       Sec. 3701.94.  (A) As used in this section and section 60264
3701.941 of the Revised Code:60265

       (1) "Clinical laboratory services" means the microbiological, 60266
serological, chemical, hematological, biophysical, cytological, or 60267
pathological examination of materials derived from the human body 60268
for purposes of obtaining information for the diagnosis, 60269
prevention, treatment, or screening of any disease or impairment 60270
or for the assessment of health. "Clinical laboratory services" 60271
also means the collection or preparation of specimens for testing.60272

       (2) "Clinical laboratory services provider" means any person, 60273
or any employee, employer, agent, representative, or other 60274
fiduciary of such person, who provides clinical laboratory 60275
services.60276

       (3) "Group practice" has the same meaning as in section 60277
4731.65 of the Revised Code.60278

       (4) "Hospital" has the same meaning as in section 3727.01 of 60279
the Revised Code.60280

       (5) "Physician" means an individual authorized under Chapter 60281
4731. of the Revised Code to practice medicine and surgery, 60282
osteopathic medicine and surgery, or podiatric medicine and 60283
surgery.60284

       (B) No clinical laboratory services provider shall, directly 60285
or indirectly, offer, give, pay, or deliver, or agree to offer, 60286
give, pay, or deliver, any remuneration, in cash or in kind, 60287
including any kickback, bribe, or rebate, to any physician or 60288
group practice to induce the physician or group practice to do 60289
either of the following:60290

       (1) Refer patients to the clinical laboratory services 60291
provider;60292

       (2) Enter into an arrangement whereby the clinical laboratory 60293
services provider and the physician or group practice agree to 60294
split fees.60295

       (C)(1) Subject to division (C)(2) of this section, no 60296
clinical laboratory services provider shall give to a physician or 60297
group practice, supply the physician or group practice with, or 60298
place in the physician's or group practice's office any 60299
individual, including an employee, agent, representative, or other 60300
fiduciary of the clinical laboratory services provider, whether 60301
paid or unpaid, for the purpose of having that individual perform 60302
clinical laboratory services for the physician or group practice. 60303

       (2) Nothing in division (C)(1) of this section prohibits a 60304
clinical laboratory services provider from entering into a 60305
laboratory management services contract with a hospital, including 60306
a contract that requires the clinical laboratory services provider 60307
to place employees or agents who perform functions directly 60308
related to the provision of clinical laboratory services at the 60309
hospital, as long as the contract specifies that the hospital will 60310
pay fair market value for the laboratory management services 60311
rendered.60312

       Sec. 3701.941.  If the director of health determines that a 60313
clinical laboratory services provider has violated division (B) or 60314
(C) of section 3701.94 of the Revised Code, the director shall 60315
impose a civil penalty of not less than one thousand dollars and 60316
not more than ten thousand dollars for each day that the violation 60317
continues. 60318

       Sec. 3702.31.  (A) The quality monitoring and inspection fund 60319
is hereby created in the state treasury. The director of health 60320
shall use the fund to administer and enforce this section and 60321
sections 3702.11 to 3702.20, 3702.30, 3702.301, and 3702.32, and 60322
3701.94 of the Revised Code and rules adopted pursuant to those 60323
sections. The director shall deposit in the fund any moneys 60324
collected pursuant to this section or section 3702.32 or 3701.94160325
of the Revised Code. All investment earnings of the fund shall be 60326
credited to the fund.60327

       (B) The director of health shall adopt rules pursuant to 60328
Chapter 119. of the Revised Code establishing fees for both of the 60329
following:60330

       (1) Initial and renewal license applications submitted under 60331
section 3702.30 of the Revised Code. The fees established under 60332
division (B)(1) of this section shall not exceed the actual and 60333
necessary costs of performing the activities described in division 60334
(A) of this section.60335

       (2) Inspections conducted under section 3702.15 or 3702.30 of 60336
the Revised Code. The fees established under division (B)(2) of 60337
this section shall not exceed the actual and necessary costs 60338
incurred during an inspection, including any indirect costs 60339
incurred by the department for staff, salary, or other 60340
administrative costs. The director of health shall provide to each 60341
health care facility or provider inspected pursuant to section 60342
3702.15 or 3702.30 of the Revised Code a written statement of the 60343
fee. The statement shall itemize and total the costs incurred. 60344
Within fifteen days after receiving a statement from the director, 60345
the facility or provider shall forward the total amount of the fee 60346
to the director.60347

       (3) The fees described in divisions (B)(1) and (2) of this 60348
section shall meet both of the following requirements:60349

       (a) For each service described in section 3702.11 of the 60350
Revised Code, the fee shall not exceed one thousand seven hundred 60351
fifty dollars annually, except that the total fees charged to a 60352
health care provider under this section shall not exceed five 60353
thousand dollars annually.60354

       (b) The fee shall exclude any costs reimbursable by the 60355
United States centers for medicare and medicaid services as part 60356
of the certification process for the medicare program established 60357
under Title XVIII of the "Social Security Act," 79 Stat. 286 60358
(1935), 42 U.S.C.A. 1395, as amended, and the medicaid program 60359
established under Title XIX of the "Social Security Act," 79 Stat. 60360
286 (1965), 42 U.S.C. 1396.60361

       (4) The director shall not establish a fee for any service 60362
for which a licensure or inspection fee is paid by the health care 60363
provider to a state agency for the same or similar licensure or 60364
inspection.60365

       Sec. 3702.59.  (A) The director of health shall accept for 60366
review certificate of need applications as provided in sections 60367
3702.592, 3702.593, and 3702.594 of the Revised Code.60368

       (B)(1) The director shall not approve an application for a 60369
certificate of need for the addition of long-term care beds to an 60370
existing health care facility or for the development of a new 60371
health care facility if any of the following apply:60372

       (a) The existing health care facility in which the beds are 60373
being placed has one or more waivers for life safety code 60374
deficiencies, one or more state fire code violations, or one or 60375
more state building code violations, and the project identified in 60376
the application does not propose to correct all life safety code 60377
deficiencies for which a waiver has been granted, all state fire 60378
code violations, and all state building code violations at the 60379
existing health care facility in which the beds are being placed;60380

       (b) During the sixty-month period preceding the filing of the 60381
application, a notice of proposed license revocation was issued 60382
under section 3721.03 of the Revised Code for the existing health 60383
care facility in which the beds are being placed or a nursing home 60384
owned or operated by the applicant or a principal participant.60385

        (c) During the period that precedes the filing of the 60386
application and is encompassed by the three most recent standard 60387
surveys of the existing health care facility in which the beds are 60388
being placed, any of the following occurred:60389

       (i) The facility was cited on three or more separate 60390
occasions for final, nonappealable actual harm but not immediate 60391
jeopardy deficiencies.60392

        (ii) The facility was cited on two or more separate occasions 60393
for final, nonappealable immediate jeopardy deficiencies.60394

        (iii) The facility was cited on two separate occasions for 60395
final, nonappealable actual harm but not immediate jeopardy 60396
deficiencies and on one occasion for a final, nonappealable 60397
immediate jeopardy deficiency.60398

       (d) More than two nursing homes owned or operated in this 60399
state by the applicant or a principal participant or, if the 60400
applicant or a principal participant owns or operates more than 60401
twenty nursing homes in this state, more than ten per cent of 60402
those nursing homes, were each cited during the period that 60403
precedes the filing of the application for the certificate of need 60404
and is encompassed by the three most recent standard surveys of 60405
the nursing homes that were so cited in any of the following 60406
manners:60407

       (i) On three or more separate occasions for final, 60408
nonappealable actual harm but not immediate jeopardy deficiencies;60409

       (ii) On two or more separate occasions for final, 60410
nonappealable immediate jeopardy deficiencies;60411

       (iii) On two separate occasions for final, nonappealable 60412
actual harm but not immediate jeopardy deficiencies and on one 60413
occasion for a final, nonappealable immediate jeopardy deficiency.60414

        (2) In applying divisions (B)(1)(a) to (d) of this section, 60415
the director shall not consider deficiencies or violations cited 60416
before the applicant or a principal participant acquired or began 60417
to own or operate the health care facility at which the 60418
deficiencies or violations were cited. The director may disregard 60419
deficiencies and violations cited after the health care facility 60420
was acquired or began to be operated by the applicant or a 60421
principal participant if the deficiencies or violations were 60422
attributable to circumstances that arose under the previous owner 60423
or operator and the applicant or principal participant has 60424
implemented measures to alleviate the circumstances. In the case 60425
of an application proposing development of a new health care 60426
facility by relocation of beds, the director shall not consider 60427
deficiencies or violations that were solely attributable to the 60428
physical plant of the existing health care facility from which the 60429
beds are being relocated.60430

       (C) The director also shall accept for review any application 60431
for the conversion of infirmary beds to long-term care beds if the 60432
infirmary meets all of the following conditions:60433

       (1) Is operated exclusively by a religious order;60434

       (2) Provides care exclusively to members of religious orders 60435
who take vows of celibacy and live by virtue of their vows within 60436
the orders as if related;60437

       (3) Was providing care exclusively to members of such a 60438
religious order on January 1, 1994.60439

        At no time shall individuals other than those described in 60440
division (C)(2) of this section be admitted to a facility to use 60441
beds for which a certificate of need is approved under this 60442
division.60443

       (D) Notwithstanding division (C)(2) of this section, a 60444
facility that has been granted a certificate of need under 60445
division (C) of this section may provide care to any of the 60446
following family members of the individuals described in division 60447
(C)(2) of this section: mothers, fathers, brothers, sisters, 60448
brothers-in-law, sisters-in-law, or children.60449

        The long-term care beds in a facility that have been granted 60450
a certificate of need under division (C) of this section may not 60451
be relocated pursuant to sections 3702.592 to 3702.594 of the 60452
Revised Code.60453

       Sec. 3704.06.  (A) The attorney general, upon the request of 60454
the director of environmental protection, shall prosecute any 60455
person who violates section 3704.05 or 3704.16 of the Revised 60456
Code.60457

       (B) The attorney general, upon request of the director, shall 60458
bring an action for an injunction, a civil penalty, or any other 60459
appropriate proceedings in any court of competent jurisdiction 60460
against any person violating or threatening to violate section 60461
3704.05 or 3704.16 of the Revised Code. The court shall have 60462
jurisdiction to grant prohibitory and mandatory injunctive relief 60463
and to require payment of a civil penalty upon the showing that 60464
suchthe person has violated this chapter or rules adopted 60465
thereunder.60466

       (C) A person who violates section 3704.05 or 3704.16 of the 60467
Revised Code shall pay a civil penalty of not more than 60468
twenty-five thousand dollars for each day of each violation. This 60469
division does not apply to any requirement of this chapter 60470
regarding the prevention or abatement of odors.60471

       (D) One-half of the moneys collected as civil penalties under 60472
division (C) of this section shall be credited to the 60473
environmental education fund created in section 3745.22 of the 60474
Revised Code. The remainder of the moneys so collected shall be 60475
credited to the air pollution control administration fund, which 60476
is hereby created in the state treasury. The air pollution control 60477
administration fund shall be administered by the director. Moneys 60478
in the air pollution control administration fund shall be used to 60479
supplement other moneys available for the administration and 60480
enforcement of this chapter and the rules adopted and terms and 60481
conditions of orders and permits issued under it, including, 60482
without limitation, the issuance of permits under it, and shall 60483
not be used to satisfy any state matching fund requirements for 60484
the receipt of any federal grant funds.60485

       The director may expend not more than sevenone million five60486
hundred fifty thousand dollars of the moneys credited to the air 60487
pollution control administration fund under this division in any 60488
fiscal year for the purposes specified in this division. The 60489
director may request authority from the controlling board to 60490
expend any moneys credited to that fund in any fiscal year in 60491
excess of that amount.60492

       (E) Upon written complaint by any person, the director shall 60493
conduct such investigations and make such inquiries as are 60494
necessary to secure compliance with this chapter. The director, 60495
upon complaint or upon histhe director's own initiative, may 60496
investigate or make inquiries into any alleged violation or act of 60497
air pollution.60498

       Sec. 3704.14. (A)(1) If the director of environmental 60499
protection determines that implementation of a motor vehicle 60500
inspection and maintenance program is necessary for the state to 60501
effectively comply with the federal Clean Air Act after June 30, 60502
20092011, the director may provide for the implementation of the 60503
program in those counties in this state in which such a program is 60504
federally mandatedthe seven counties in which the program is 60505
operating on the effective date of this amendment. Upon making 60506
such a determination, the director of environmental protection may 60507
request the director of administrative services to extend the 60508
terms of the contract that was entered into under the authority of 60509
Section 7 of Am. Sub. H.B. 241 of the 127th128th general 60510
assembly. Upon receiving the request, the director of 60511
administrative services shall extend the contract, beginning on 60512
July 1, 20092011, in accordance with this section. The contract 60513
shall be extended for a period of up to sixtwelve months with the 60514
contractor who conducted the motor vehicle inspection and 60515
maintenance program under that contract.60516

       (2) Prior to the expiration of the contract extension that is 60517
authorized by division (A)(1) of this section, the director of 60518
environmental protection may request the director of 60519
administrative services to enter into a contract with a vendor to 60520
operate a decentralized motor vehicle inspection and maintenance 60521
program in each county in this state in which such a program is 60522
federally mandated through June 30, 20112015, with an option for 60523
the state to renew the contract through June 30, 20122017. The 60524
contract shall ensure that the decentralized motor vehicle 60525
inspection and maintenance program achieves at least the same60526
substantially similar ozone precursor reductions as achieved by 60527
the program operated under the authority of the contract that was 60528
extended under division (A)(1) of this section. The director of 60529
administrative services shall select a vendor through a 60530
competitive selection process in compliance with Chapter 125. of 60531
the Revised Code.60532

       (3) Notwithstanding any law to the contrary, the director of 60533
administrative services shall ensure that a competitive selection 60534
process regarding a contract to operate a decentralized motor 60535
vehicle inspection and maintenance program in this state 60536
incorporates the following elements, which shall be included in 60537
the contract:60538

       (a) AFor purposes of expanding the number of testing 60539
locations for consumer convenience and increased local business 60540
participation, a requirement that the vendor selected to operate 60541
the program provide notification of the program's requirements to 60542
each owner of a motor vehicle that is required to be inspected 60543
under the program. The contract shall require the notification to 60544
be provided not later than sixty days prior to the date by which 60545
the owner of the motor vehicle is required to have the motor 60546
vehicle inspected. The director of environmental protection and 60547
the vendor shall jointly agree on the content of the notice. 60548
However, the notice shall include at a minimum the locations of 60549
all inspection facilities within a specified distance of the 60550
address that is listed on the owner's motor vehicle registration60551
utilize established local businesses by authorizing existing auto 60552
repair facilities to operate as licensed inspection and waiver 60553
testing facilities;60554

       (b) A requirement that the tailpipe emissions analyzer 60555
utilized for emissions testing be BAR-97 certified;60556

        (c) A requirement that the contractor supply proven 60557
technology for on-board diagnostic testing equipment to all 60558
inspection facilities.60559

       (4) A decentralized motor vehicle inspection and maintenance 60560
program operated under this section shall comply with division (B) 60561
of this section. The director of environmental protection shall 60562
administer the decentralized motor vehicle inspection and 60563
maintenance program operated under this section.60564

       (B) The decentralized motor vehicle inspection and 60565
maintenance program authorized by this section, at a minimum, 60566
shall do all of the following:60567

        (1) Comply with the federal Clean Air Act;60568

        (2) Provide for the issuance of inspection certificates;60569

        (3) Provide for a new car exemption for motor vehicles four 60570
years old or newer and provide that a new motor vehicle is exempt 60571
for four years regardless of whether legal title to the motor 60572
vehicle is transferred during that period.60573

       (C) A motor vehicle inspection and maintenance program shall 60574
not be implemented in any county in which such a program is not 60575
authorized under division (A) of this section without the approval 60576
of the general assembly through the enactment of legislation. 60577
Further, a motor vehicle inspection and maintenance program shall 60578
not be implemented in any county beyond June 30, 20122017, 60579
without the approval of the general assembly through the enactment 60580
of legislation.60581

        (D) The director of environmental protection shall adopt 60582
rules in accordance with Chapter 119. of the Revised Code that the 60583
director determines are necessary to implement this section. The 60584
director may continue to implement and enforce rules pertaining to 60585
the motor vehicle inspection and maintenance program previously 60586
implemented under former section 3704.14 of the Revised Code as 60587
that section existed prior to its repeal and reenactment by Am. 60588
Sub. H.B. 66 of the 126th general assembly, provided that the 60589
rules do not conflict with this section.60590

       (E) There is hereby created in the state treasury the auto 60591
emissions test fund, which shall consist of money received by the 60592
director from any cash transfers, state and local grants, and 60593
other contributions that are received for the purpose of funding 60594
the program established under this section. The director of 60595
environmental protection shall use money in the fund solely for 60596
the implementation, supervision, administration, operation, and 60597
enforcement of the motor vehicle inspection and maintenance 60598
program established under this section. Money in the fund shall 60599
not be used for either of the following:60600

       (1) To pay for the inspection costs incurred by a motor 60601
vehicle dealer so that the dealer may provide inspection 60602
certificates to an individual purchasing a motor vehicle from the 60603
dealer when that individual resides in a county that is subject to 60604
the motor vehicle inspection and maintenance program;60605

       (2) To provide payment for more than one free passing 60606
emissions inspection or a total of three emissions inspections for 60607
a motor vehicle in any three-hundred-sixty-five day period. The 60608
owner or lessee of a motor vehicle is responsible for inspection 60609
fees that are related to emissions inspections beyond one free 60610
passing emissions inspection or three total emissions inspections 60611
in any three-hundred-sixty-five day period. Inspection fees that 60612
are charged by a contractor conducting emissions inspections under 60613
a motor vehicle inspection and maintenance program shall be 60614
approved by the director of environmental protection.60615

       (F) The motor vehicle inspection and maintenance program 60616
established under this section expires upon the termination of all 60617
contracts entered into under this section and shall not be 60618
implemented beyond the final date on which termination occurs.60619

       Sec. 3705.24.  (A)(1) The public health council shall, in 60620
accordance with section 111.15 of the Revised Code, adopt rules 60621
prescribing fees for the following items or services provided by 60622
the state office of vital statistics:60623

       (a) Except as provided in division (A)(4) of this section:60624

       (i) A certified copy of a vital record or a certification of 60625
birth;60626

       (ii) A search by the office of vital statistics of its files 60627
and records pursuant to a request for information, regardless of 60628
whether a copy of a record is provided;60629

       (iii) A copy of a record provided pursuant to a request.60630

       (b) Replacement of a birth certificate following an adoption, 60631
legitimation, paternity determination or acknowledgement, or court 60632
order;60633

       (c) Filing of a delayed registration of a vital record;60634

       (d) Amendment of a vital record that is requested later than 60635
one year after the filing date of the vital record;60636

       (e) Any other documents or services for which the public 60637
health council considers the charging of a fee appropriate.60638

       (2) Fees prescribed under division (A)(1)(a) of this section 60639
shall not be less than twelve dollars.60640

       (3) Fees prescribed under division (A)(1) of this section 60641
shall be collected in addition to any fees required by sections 60642
3109.14 and 3705.242 of the Revised Code.60643

       (4) Fees prescribed under division (A) of this section shall 60644
not apply to certifications issued under division (H) of this 60645
section or copies provided under section 3705.241 of the Revised 60646
Code.60647

       (B) In addition to the fees prescribed under division (A) of 60648
this section or section 3709.09 of the Revised Code, the office of 60649
vital statistics or the board of health of a city or general 60650
health district shall charge a five-dollar fee for each certified 60651
copy of a vital record and each certification of birth. This fee 60652
shall be deposited in the general operations fund created under 60653
section 3701.83 of the Revised Code and be used to support the 60654
operations, the modernization, and the automation of the vital 60655
records program in this state. A board of health shall forward all 60656
fees collected under this division to the department of health not 60657
later than thirty days after the end of each calendar quarter.60658

       (C) Except as otherwise provided in division (H) of this 60659
section, and except as provided in section 3705.241 of the Revised 60660
Code, fees collected by the director of health under sections 60661
3705.01 to 3705.29 of the Revised Code shall be paid into the 60662
state treasury to the credit of the general operations fund 60663
created by section 3701.83 of the Revised Code. Except as provided 60664
in division (B) or (I) of this section, money generated by the 60665
fees shall be used only for administration and enforcement of this 60666
chapter and the rules adopted under it. Amounts submitted to the 60667
department of health for copies of vital records or services in 60668
excess of the fees imposed by this section shall be dealt with as 60669
follows:60670

       (1) An overpayment of two dollars or less shall be retained 60671
by the department and deposited in the state treasury to the 60672
credit of the general operations fund created by section 3701.83 60673
of the Revised Code.60674

       (2) An overpayment in excess of two dollars shall be returned 60675
to the person who made the overpayment.60676

       (D) If a local registrar is a salaried employee of a city or 60677
a general health district, any fees the local registrar receives 60678
pursuant to section 3705.23 of the Revised Code shall be paid into 60679
the general fund of the city or the health fund of the general 60680
health district.60681

       Each local registrar of vital statistics, or each health 60682
district where the local registrar is a salaried employee of the 60683
district, shall be entitled to a fee for each birth, fetal death, 60684
death, or military service certificate properly and completely 60685
made out and registered with the local registrar or district and 60686
correctly copied and forwarded to the office of vital statistics 60687
in accordance with the population of the primary registration 60688
district at the last federal census. The fee for each birth, fetal 60689
death, death, or military service certificate shall be:60690

       (1) In primary registration districts of over two hundred 60691
fifty thousand, twenty cents;60692

       (2) In primary registration districts of over one hundred 60693
twenty-five thousand and less than two hundred fifty thousand, 60694
sixty cents;60695

       (3) In primary registration districts of over fifty thousand 60696
and less than one hundred twenty-five thousand, eighty cents;60697

       (4) In primary registration districts of less than fifty 60698
thousand, one dollar.60699

       (E) The director of health shall annually certify to the 60700
county treasurers of the several counties the number of birth, 60701
fetal death, death, and military service certificates registered 60702
from their respective counties with the names of the local 60703
registrars and the amounts due each registrar and health district 60704
at the rates fixed in this section. Such amounts shall be paid by 60705
the treasurer of the county in which the registration districts 60706
are located. No fees shall be charged or collected by registrars 60707
except as provided by this chapter and section 3109.14 of the 60708
Revised Code.60709

       (F) A probate judge shall be paid a fee of fifteen cents for 60710
each certified abstract of marriage prepared and forwarded by the 60711
probate judge to the department of health pursuant to section 60712
3705.21 of the Revised Code. The fee shall be in addition to the 60713
fee paid for a marriage license and shall be paid by the 60714
applicants for the license.60715

       (G) The clerk of a court of common pleas shall be paid a fee 60716
of one dollar for each certificate of divorce, dissolution, and 60717
annulment of marriage prepared and forwarded by the clerk to the 60718
department pursuant to section 3705.21 of the Revised Code. The 60719
fee for the certified abstract of divorce, dissolution, or 60720
annulment of marriage shall be added to the court costs allowed in 60721
these cases.60722

       (H) The fee for an heirloom certification of birth issued 60723
pursuant to division (B)(2) of section 3705.23 of the Revised Code 60724
shall be an amount prescribed by rule by the director of health 60725
plus any fee required by section 3109.14 of the Revised Code. In 60726
setting the amount of the fee, the director shall establish a 60727
surcharge in addition to an amount necessary to offset the expense 60728
of processing heirloom certifications of birth. The fee prescribed 60729
by the director of health pursuant to this division shall be 60730
deposited into the state treasury to the credit of the heirloom 60731
certification of birth fund which is hereby created. Money 60732
credited to the fund shall be used by the office of vital 60733
statistics to offset the expense of processing heirloom 60734
certifications of birth. However, the money collected for the 60735
surcharge, subject to the approval of the controlling board, shall 60736
be used for the purposes specified by the family and children 60737
first council pursuant to section 121.37 of the Revised Code.60738

       (I) FourThree dollars of each fee collected by the director 60739
of health or the board of health of a city or general health 60740
district for an item or service described in division (A)(1)(a) of 60741
this sectiona certified copy of a vital record or a certification 60742
of birth shall be transferred to the office of vital statistics 60743
not later than thirty days after the end of each calendar quarter 60744
and shall be used to support public health systems.60745

       Sec. 3709.085.  (A) The board of health of a city or general 60746
health district may enter into a contract with any political 60747
subdivision or other governmental agency to obtain or provide all 60748
or part of any services, including, but not limited to, 60749
enforcement services, for the purposes of Chapter 3704. of the 60750
Revised Code, the rules adopted and orders made pursuant thereto, 60751
or any other ordinances or rules for the prevention, control, and 60752
abatement of air pollution.60753

       (B)(1) As used in division (B)(2) of this section:60754

       (a) "Semipublic disposal system" means a disposal system that 60755
treats the sanitary sewage discharged from publicly or privately 60756
owned buildings or places of assemblage, entertainment, 60757
recreation, education, correction, hospitalization, housing, or 60758
employment, but does not include a disposal system that treats 60759
sewage in amounts of more than twenty-five thousand gallons per 60760
day; a disposal system for the treatment of sewage that is exempt 60761
from the requirements of section 6111.04 of the Revised Code 60762
pursuant to division (F)(7) of that section; or a disposal system 60763
for the treatment of industrial waste.60764

       (b) Terms defined in section 6111.01 of the Revised Code have 60765
the same meanings as in that section.60766

       (2) The board of health of a city or general health district 60767
may enter into a contract with the environmental protection agency 60768
to conduct on behalf of the agency inspection or enforcement 60769
services, for the purposes of Chapter 6111. of the Revised Code 60770
and rules adopted thereunder, for the disposal or treatment of 60771
sewage from semipublic disposal systems. The board of health of a 60772
city or general health district may charge a fee established 60773
pursuant to section 3709.09 of the Revised Code to be paid by the 60774
owner or operator of a semipublic disposal system for inspections 60775
conducted by the board pursuant to a contract entered into under 60776
division (B)(2) of this section, except that the board shall not 60777
charge a fee for those inspections conducted at any recreational 60778
vehicle park, recreation camp, or combined park-camp that is 60779
licensed under section 3729.05 of the Revised Code or at any 60780
manufactured home park that is licensed under section 3733.0360781
4781.26 of the Revised Code.60782

       Sec. 3709.09.  (A) The board of health of a city or general 60783
health district may, by rule, establish a uniform system of fees 60784
to pay the costs of any services provided by the board.60785

       The fee for issuance of a certified copy of a vital record or 60786
a certification of birth shall not be less than the fee prescribed 60787
for the same service under division (A)(1) of section 3705.24 of 60788
the Revised Code and shall include the fees required by division 60789
(B) of section 3705.24 and section 3109.14 of the Revised Code.60790

       Fees for services provided by the board for purposes 60791
specified in sections 3701.344, 3711.10, 3718.06, 3729.07, 60792
3730.03, 3733.04, 3733.25, and 3749.04 of the Revised Code shall 60793
be established in accordance with rules adopted under division (B) 60794
of this section. The district advisory council, in the case of a 60795
general health district, and the legislative authority of the 60796
city, in the case of a city health district, may disapprove any 60797
fee established by the board of health under this division, and 60798
any such fee, as disapproved, shall not be charged by the board of 60799
health.60800

       (B) The public health council shall adopt rules under section 60801
111.15 of the Revised Code that establish fee categories and a 60802
uniform methodology for use in calculating the costs of services 60803
provided for purposes specified in sections 3701.344, 3711.10, 60804
3718.06, 3729.07, 3730.03, 3733.04, 3733.25, and 3749.04 of the 60805
Revised Code. In adopting the rules, the public health council 60806
shall consider recommendations it receives from advisory boards 60807
established either by statute or the director of health for 60808
entities subject to the fees.60809

       (C) Except when a board of health establishes a fee by 60810
adopting a rule as an emergency measure, the board of health shall 60811
hold a public hearing regarding each proposed fee for a service 60812
provided by the board for a purpose specified in section 3701.344, 60813
3711.10, 3718.06, 3729.07, 3730.03, 3733.04, 3733.25, or 3749.04 60814
of the Revised Code. If a public hearing is held, at least twenty 60815
days prior to the public hearing the board shall give written 60816
notice of the hearing to each entity affected by the proposed fee. 60817
The notice shall be mailed to the last known address of each 60818
entity and shall specify the date, time, and place of the hearing 60819
and the amount of the proposed fee.60820

       (D) If payment of a fee established under this section is not 60821
received by the day on which payment is due, the board of health 60822
shall assess a penalty. The amount of the penalty shall be equal 60823
to twenty-five per cent of the applicable fee.60824

       (E) All rules adopted by a board of health under this section 60825
shall be adopted, recorded, and certified as are ordinances of 60826
municipal corporations and the record thereof shall be given in 60827
all courts the same effect as is given such ordinances, but the 60828
advertisements of such rules shall be by publication in one 60829
newspaper of general circulation within the health district. 60830
Publication shall be made once a week for two consecutive weeks 60831
or as provided in section 7.16 of the Revised Code, and such rules 60832
shall take effect and be in force ten days from the date of the 60833
first publication.60834

       Sec. 3709.092. (A) A board of health of a city or general 60835
health district shall transmit to the director of health all fees 60836
or additional amounts that the public health council requires to 60837
be collected under sections 3701.344, 3718.06, 3729.07, 3733.04,60838
3733.25, and 3749.04 of the Revised Code. The fees and amounts 60839
shall be transmitted according to the following schedule:60840

       (1) For fees and amounts received by the board on or after 60841
the first day of January but not later than the thirty-first day 60842
of March, transmit the fees and amounts not later than the 60843
fifteenth day of May; 60844

       (2) For fees and amounts received by the board on or after 60845
the first day of April but not later than the thirtieth day of 60846
June, transmit the fees and amounts not later than the fifteenth 60847
day of August; 60848

       (3) For fees and amounts received by the board on or after 60849
the first day of July but not later than the thirtieth day of 60850
September, transmit the fees and amounts not later than the 60851
fifteenth day of November; 60852

       (4) For fees and amounts received by the board on or after 60853
the first day of October but not later than the thirty-first day 60854
of December, transmit the fees and amounts not later than the 60855
fifteenth day of February of the following year. 60856

       (B) The director shall deposit the fees and amounts received 60857
under this section into the state treasury to the credit of the 60858
general operations fund created in section 3701.83 of the Revised 60859
Code. Each amount shall be used solely for the purpose for which 60860
it was collected.60861

       Sec. 3709.21.  The board of health of a general health 60862
district may make such orders and regulations as are necessary for 60863
its own government, for the public health, the prevention or 60864
restriction of disease, and the prevention, abatement, or 60865
suppression of nuisances. Such board may require that no human, 60866
animal, or household wastes from sanitary installations within the 60867
district be discharged into a storm sewer, open ditch, or 60868
watercourse without a permit therefor having been secured from the 60869
board under such terms as the board requires. All orders and 60870
regulations not for the government of the board, but intended for 60871
the general public, shall be adopted, recorded, and certified as 60872
are ordinances of municipal corporations and the record thereof 60873
shall be given in all courts the same effect as is given such 60874
ordinances, but the advertisements of such orders and regulations 60875
shall be by publication in onea newspaper published and of 60876
general circulation within the district. Publication shall be made 60877
once a week for two consecutive weeks or as provided in section 60878
7.16 of the Revised Code, and such orders and regulations shall 60879
take effect and be in force ten days from the date of the first 60880
publication. In cases of emergency caused by epidemics of 60881
contagious or infectious diseases, or conditions or events 60882
endangering the public health, the board may declare such orders 60883
and regulations to be emergency measures, and such orders and 60884
regulations shall become effective immediately without such 60885
advertising, recording, and certifying.60886

       Sec. 3709.34. (A) The board of county commissioners or the60887
legislative authority of any city may furnish suitable quarters 60888
for any board of health or health department having jurisdiction 60889
over all or a major part of such county orthat city.60890

       (B)(1) Subject to division (B)(6) of this section, a board of 60891
county commissioners shall provide office space and utilities 60892
through fiscal year 2011 for the board of health having 60893
jurisdiction over the county's general health district. 60894
Thereafter, subject to division (B)(6) of this section, the board 60895
of county commissioners shall make payments as provided in 60896
division (B)(3) of this section for the office space and utilities 60897
until fiscal year 2016. Starting in fiscal year 2016, the board 60898
has no duty to provide the office space or utilities, or to make 60899
payments for the office space or utilities, for the board of 60900
health of the county's general health district.60901

       (2)(a) Not later than the thirtieth day of September 2011, 60902
2012, 2013, and 2014, the board of county commissioners shall make 60903
a written estimate of the total cost for the ensuing fiscal year 60904
to provide office space and utilities to the board of health of 60905
the county's general health district. The estimate of total cost 60906
shall include all of the following:60907

       (i) The total square feet of space to be used by the board of 60908
health;60909

       (ii) The total square feet of any common areas that should be 60910
reasonably allocated to the board of health and the method for 60911
making this allocation;60912

       (iii) The actual cost per square foot for both the space used 60913
by and the common areas allocated to the board of health;60914

       (iv) An explanation of the method used to determine the 60915
actual cost per square foot;60916

       (v) The estimated cost of providing utilities, including an 60917
explanation of how this cost was determined;60918

       (vi) Any other estimated costs the board of county 60919
commissioners anticipates will be incurred to provide office space 60920
and utilities to the board of health, including a detailed 60921
explanation of those costs and the rationale used to determine 60922
them.60923

       (b) The board of county commissioners shall forward a copy of 60924
the estimate of total cost to the director of the board of health 60925
not later than the fifth day of October 2011, 2012, 2013, and 60926
2014. The director shall review the estimate and, not later than 60927
twenty days after its receipt, notify the board of county 60928
commissioners that the director agrees with the estimate, or 60929
objects to it giving specific reasons for the objections.60930

       (c) If the director agrees with the estimate, it shall become 60931
the final estimate of total cost. Failure of the director to make 60932
objections to the estimate by the twentieth day after its receipt 60933
shall be deemed to mean that the director is in agreement with the 60934
estimate.60935

       (d) If the director timely objects to the estimate and 60936
provides specific objections to the board of county commissioners, 60937
the board shall review the objections and may modify the original 60938
estimate and send a revised estimate of total cost to the director 60939
within ten days after receipt of the objections. The director 60940
shall respond to a revised estimate within ten days after its 60941
receipt. If the director agrees with it, the revised estimate 60942
shall become the final estimate of total cost. If the director 60943
fails to respond within the ten-day period, the director shall be 60944
deemed to have agreed with the revised estimate. If the director 60945
disagrees with the revised estimate, the director shall send 60946
specific objections to the board of county commissioners within 60947
the ten-day period.60948

       (e) If the director timely objected to the original estimate 60949
or sends specific objections to a revised estimate within the 60950
required time, or if there is no revised estimate, the probate 60951
judge of the county shall determine the final estimate of total 60952
cost and certify this amount to the director and the board of 60953
county commissioners before the first day of January 2012, 2013, 60954
2014, or 2015, as applicable.60955

       (3)(a) Subject to division (B)(6) of this section, a board of 60956
county commissioners shall be responsible for the following 60957
percentages of the final estimate of total cost established by 60958
division (B)(2) of this section:60959

       (i) Eighty per cent for fiscal year 2012;60960

       (ii) Sixty per cent for fiscal year 2013;60961

       (iii) Forty per cent for fiscal year 2014;60962

       (iv) Twenty per cent for fiscal year 2015.60963

       (b) In fiscal years 2012, 2013, 2014, and 2015, the board of 60964
health of the county's general health district shall be 60965
responsible for the payment of the remainder of any costs incurred 60966
in excess of the amount payable under division (B)(3)(a)(i), (ii), 60967
(iii), or (iv) of this section, as applicable, for the provision 60968
of office space and utilities for the board of health, including 60969
any unanticipated or unexpected increases in costs beyond the 60970
final estimate of total cost.60971

       (c) Beginning in fiscal year 2016, the board of county 60972
commissioners has no obligation to provide office space or 60973
utilities, or to make payments for office space or utilities, for 60974
the board of health.60975

       (4) After fiscal year 2015, the board of county commissioners 60976
and the board of health of the county's general health district 60977
may enter into a contract for the board of county commissioners to 60978
provide office space for the use of the board of health and to 60979
provide utilities for that office space. The term of the contract 60980
shall not exceed four years and may be renewed for additional 60981
periods not to exceed four years.60982

       (5) Notwithstanding divisions (B)(1) to (4) of this section, 60983
in any fiscal year the board of county commissioners, in its 60984
discretion, may provide office space and utilities for the board 60985
of health of the county's general health district free of charge.60986

       (6) If the board of health of a general health district 60987
rents, leases, lease-purchases, or otherwise acquires office space 60988
to facilitate the performance of its functions, or constructs, 60989
enlarges, renovates, or otherwise modifies buildings or other 60990
structures to provide office space to facilitate the performance 60991
of its functions, the board of county commissioners of the county 60992
served by the general health district has no further obligation 60993
under division (B) of this section to provide office space or 60994
utilities, or to make payments for office space or utilities, for 60995
the board of health, unless the board of county commissioners 60996
enters into a contract with the board of health under division 60997
(B)(4) of this section, or exercises its option under division 60998
(B)(5) of this section.60999

       Sec. 3709.341. The board of county commissioners may donate 61000
or sell property, buildings, and furnishings to any board of 61001
health of a general or combined health district. Upon acceptance 61002
by the board of health of the general or combined district, the 61003
board of county commissioners may convey the property, buildings, 61004
and furnishings to the board of health to be used as quarters by 61005
the board of health. The instrument conveying the property, 61006
buildings, and furnishings shall include a reverter clause that, 61007
in the event the board of health subsequently sells the property, 61008
buildings, and furnishings:61009

       (A) Reverts the property, buildings, and furnishings to the 61010
board of county commissioners if they initially were donated by 61011
the board of county commissioners; or 61012

       (B) Specifies how the proceeds of the board of health's 61013
subsequent sale of the property, buildings, and furnishings shall 61014
be distributed, if they initially were sold by the board of county 61015
commissioners.61016

       Sec. 3721.01.  (A) As used in sections 3721.01 to 3721.09 and 61017
3721.99 of the Revised Code:61018

       (1)(a) "Home" means an institution, residence, or facility 61019
that provides, for a period of more than twenty-four hours, 61020
whether for a consideration or not, accommodations to three or 61021
more unrelated individuals who are dependent upon the services of 61022
others, including a nursing home, residential care facility, home 61023
for the aging, and a veterans' home operated under Chapter 5907. 61024
of the Revised Code.61025

       (b) "Home" also means both of the following:61026

       (i) Any facility that a person, as defined in section 3702.51 61027
of the Revised Code, proposes for certification as a skilled 61028
nursing facility or nursing facility under Title XVIII or XIX of 61029
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, 61030
as amended, and for which a certificate of need, other than a 61031
certificate to recategorize hospital beds as described in section 61032
3702.522 of the Revised Code or division (R)(7)(d) of the version 61033
of section 3702.51 of the Revised Code in effect immediately prior 61034
to April 20, 1995, has been granted to the person under sections 61035
3702.51 to 3702.62 of the Revised Code after August 5, 1989;61036

       (ii) A county home or district home that is or has been 61037
licensed as a residential care facility.61038

       (c) "Home" does not mean any of the following:61039

       (i) Except as provided in division (A)(1)(b) of this section, 61040
a public hospital or hospital as defined in section 3701.01 or 61041
5122.01 of the Revised Code;61042

       (ii) A residential facility for mentally ill persons as 61043
defined under section 5119.22 of the Revised Code;61044

       (iii) A residential facility as defined in section 5123.19 of 61045
the Revised Code;61046

       (iv) An adult care facility as defined in section 3722.0161047
5119.70 of the Revised Code;61048

       (v) An alcohol or drug addiction program as defined in 61049
section 3793.01 of the Revised Code;61050

       (vi) A facility licensed to provide methadone treatment under 61051
section 3793.11 of the Revised Code;61052

       (vii) A facility providing services under contract with the 61053
department of developmental disabilities under section 5123.18 of 61054
the Revised Code unless section 5123.192 of the Revised Code makes 61055
the facility subject to the requirements of this chapter;61056

       (viii) A facility operated by a hospice care program licensed 61057
under section 3712.04 of the Revised Code that is used exclusively 61058
for care of hospice patients;61059

       (ix) A facility, infirmary, or other entity that is operated 61060
by a religious order, provides care exclusively to members of 61061
religious orders who take vows of celibacy and live by virtue of 61062
their vows within the orders as if related, and does not 61063
participate in the medicare program established under Title XVIII 61064
of the "Social Security Act" or the medical assistance program 61065
established under Chapter 5111. of the Revised Code and Title XIX 61066
of the "Social Security Act," if on January 1, 1994, the facility, 61067
infirmary, or entity was providing care exclusively to members of 61068
the religious order;61069

       (x) A county home or district home that has never been 61070
licensed as a residential care facility.61071

       (2) "Unrelated individual" means one who is not related to 61072
the owner or operator of a home or to the spouse of the owner or 61073
operator as a parent, grandparent, child, grandchild, brother, 61074
sister, niece, nephew, aunt, uncle, or as the child of an aunt or 61075
uncle.61076

       (3) "Mental impairment" does not mean mental illness as 61077
defined in section 5122.01 of the Revised Code or mental 61078
retardation as defined in section 5123.01 of the Revised Code.61079

       (4) "Skilled nursing care" means procedures that require 61080
technical skills and knowledge beyond those the untrained person 61081
possesses and that are commonly employed in providing for the 61082
physical, mental, and emotional needs of the ill or otherwise 61083
incapacitated. "Skilled nursing care" includes, but is not limited 61084
to, the following:61085

       (a) Irrigations, catheterizations, application of dressings, 61086
and supervision of special diets;61087

       (b) Objective observation of changes in the patient's 61088
condition as a means of analyzing and determining the nursing care 61089
required and the need for further medical diagnosis and treatment;61090

       (c) Special procedures contributing to rehabilitation;61091

       (d) Administration of medication by any method ordered by a 61092
physician, such as hypodermically, rectally, or orally, including 61093
observation of the patient after receipt of the medication;61094

       (e) Carrying out other treatments prescribed by the physician 61095
that involve a similar level of complexity and skill in 61096
administration.61097

       (5)(a) "Personal care services" means services including, but 61098
not limited to, the following:61099

       (i) Assisting residents with activities of daily living;61100

       (ii) Assisting residents with self-administration of 61101
medication, in accordance with rules adopted under section 3721.04 61102
of the Revised Code;61103

       (iii) Preparing special diets, other than complex therapeutic 61104
diets, for residents pursuant to the instructions of a physician 61105
or a licensed dietitian, in accordance with rules adopted under 61106
section 3721.04 of the Revised Code.61107

       (b) "Personal care services" does not include "skilled 61108
nursing care" as defined in division (A)(4) of this section. A 61109
facility need not provide more than one of the services listed in 61110
division (A)(5)(a) of this section to be considered to be 61111
providing personal care services.61112

       (6) "Nursing home" means a home used for the reception and 61113
care of individuals who by reason of illness or physical or mental 61114
impairment require skilled nursing care and of individuals who 61115
require personal care services but not skilled nursing care. A 61116
nursing home is licensed to provide personal care services and 61117
skilled nursing care.61118

       (7) "Residential care facility" means a home that provides 61119
either of the following:61120

       (a) Accommodations for seventeen or more unrelated 61121
individuals and supervision and personal care services for three 61122
or more of those individuals who are dependent on the services of 61123
others by reason of age or physical or mental impairment;61124

       (b) Accommodations for three or more unrelated individuals, 61125
supervision and personal care services for at least three of those 61126
individuals who are dependent on the services of others by reason 61127
of age or physical or mental impairment, and, to at least one of 61128
those individuals, any of the skilled nursing care authorized by 61129
section 3721.011 of the Revised Code.61130

       (8) "Home for the aging" means a home that provides services 61131
as a residential care facility and a nursing home, except that the 61132
home provides its services only to individuals who are dependent 61133
on the services of others by reason of both age and physical or 61134
mental impairment.61135

       The part or unit of a home for the aging that provides 61136
services only as a residential care facility is licensed as a 61137
residential care facility. The part or unit that may provide 61138
skilled nursing care beyond the extent authorized by section 61139
3721.011 of the Revised Code is licensed as a nursing home.61140

       (9) "County home" and "district home" mean a county home or 61141
district home operated under Chapter 5155. of the Revised Code.61142

       (B) The public health council may further classify homes. For 61143
the purposes of this chapter, any residence, institution, hotel, 61144
congregate housing project, or similar facility that meets the 61145
definition of a home under this section is such a home regardless 61146
of how the facility holds itself out to the public.61147

       (C) For purposes of this chapter, personal care services or 61148
skilled nursing care shall be considered to be provided by a 61149
facility if they are provided by a person employed by or 61150
associated with the facility or by another person pursuant to an 61151
agreement to which neither the resident who receives the services 61152
nor the resident's sponsor is a party.61153

       (D) Nothing in division (A)(4) of this section shall be 61154
construed to permit skilled nursing care to be imposed on an 61155
individual who does not require skilled nursing care.61156

       Nothing in division (A)(5) of this section shall be construed 61157
to permit personal care services to be imposed on an individual 61158
who is capable of performing the activity in question without 61159
assistance.61160

       (E) Division (A)(1)(c)(ix) of this section does not prohibit 61161
a facility, infirmary, or other entity described in that division 61162
from seeking licensure under sections 3721.01 to 3721.09 of the 61163
Revised Code or certification under Title XVIII or XIX of the 61164
"Social Security Act." However, such a facility, infirmary, or 61165
entity that applies for licensure or certification must meet the 61166
requirements of those sections or titles and the rules adopted 61167
under them and obtain a certificate of need from the director of 61168
health under section 3702.52 of the Revised Code.61169

       (F) Nothing in this chapter, or rules adopted pursuant to it, 61170
shall be construed as authorizing the supervision, regulation, or 61171
control of the spiritual care or treatment of residents or 61172
patients in any home who rely upon treatment by prayer or 61173
spiritual means in accordance with the creed or tenets of any 61174
recognized church or religious denomination.61175

       Sec. 3721.011.  (A) In addition to providing accommodations, 61176
supervision, and personal care services to its residents, a 61177
residential care facility may providedo the following:61178

       (1) Provide the following skilled nursing care to its 61179
residents as follows:61180

       (1)(a) Supervision of special diets;61181

       (2)(b) Application of dressings, in accordance with rules 61182
adopted under section 3721.04 of the Revised Code;61183

       (3)(c) Subject to division (B)(1) of this section, 61184
administration of medication;61185

       (4).61186

       (2) Subject to division (C) of this section, provide other 61187
skilled nursing care provided on a part-time, intermittent basis 61188
for not more than a total of one hundred twenty days in a 61189
twelve-month period;61190

       (5) Subject to division (D) of this section,(3) Provide61191
skilled nursing care provided for more than one hundred twenty 61192
days in a twelve-month period to a hospice patient, as defined in 61193
section 3712.01 of the Revised Coderesident when the requirements 61194
of division (D) of this section are met.61195

       A residential care facility may not admit or retain an 61196
individual requiring skilled nursing care that is not authorized 61197
by this section. A residential care facility may not provide 61198
skilled nursing care beyond the limits established by this 61199
section.61200

       (B)(1) A residential care facility may admit or retain an 61201
individual requiring medication, including biologicals, only if 61202
the individual's personal physician has determined in writing that 61203
the individual is capable of self-administering the medication or 61204
the facility provides for the medication to be administered to the 61205
individual by a home health agency certified under Title XVIII of 61206
the "Social Security Act," 79 Stat. 620 (1965), 42 U.S.C.A. 1395, 61207
as amended; a hospice care program licensed under Chapter 3712. of 61208
the Revised Code; or a member of the staff of the residential care 61209
facility who is qualified to perform medication administration. 61210
Medication may be administered in a residential care facility only 61211
by the following persons authorized by law to administer 61212
medication:61213

       (a) A registered nurse licensed under Chapter 4723. of the 61214
Revised Code;61215

       (b) A licensed practical nurse licensed under Chapter 4723. 61216
of the Revised Code who holds proof of successful completion of a 61217
course in medication administration approved by the board of 61218
nursing and who administers the medication only at the direction 61219
of a registered nurse or a physician authorized under Chapter 61220
4731. of the Revised Code to practice medicine and surgery or 61221
osteopathic medicine and surgery;61222

       (c) A medication aide certified under Chapter 4723. of the 61223
Revised Code;61224

       (d) A physician authorized under Chapter 4731. of the Revised 61225
Code to practice medicine and surgery or osteopathic medicine and 61226
surgery.61227

       (2) In assisting a resident with self-administration of 61228
medication, any member of the staff of a residential care facility 61229
may do the following:61230

       (a) Remind a resident when to take medication and watch to 61231
ensure that the resident follows the directions on the container;61232

       (b) Assist a resident by taking the medication from the 61233
locked area where it is stored, in accordance with rules adopted 61234
pursuant to section 3721.04 of the Revised Code, and handing it to 61235
the resident. If the resident is physically unable to open the 61236
container, a staff member may open the container for the resident.61237

       (c) Assist a physically impaired but mentally alert resident, 61238
such as a resident with arthritis, cerebral palsy, or Parkinson's 61239
disease, in removing oral or topical medication from containers 61240
and in consuming or applying the medication, upon request by or 61241
with the consent of the resident. If a resident is physically 61242
unable to place a dose of medicine to the resident's mouth without 61243
spilling it, a staff member may place the dose in a container and 61244
place the container to the mouth of the resident.61245

       (C) AExcept as provided in division (D) of this section, a61246
residential care facility may admit or retain individuals who 61247
require skilled nursing care beyond the supervision of special 61248
diets, application of dressings, or administration of medication, 61249
only if the care will be provided on a part-time, intermittent 61250
basis for not more than a total of one hundred twenty days in any 61251
twelve-month period. In accordance with Chapter 119. of the 61252
Revised Code, the public health council shall adopt rules 61253
specifying what constitutes the need for skilled nursing care on a 61254
part-time, intermittent basis. The council shall adopt rules that 61255
are consistent with rules pertaining to home health care adopted 61256
by the director of job and family services for the medical 61257
assistancemedicaid program established under Chapter 5111. of the 61258
Revised Code. Skilled nursing care provided pursuant to this 61259
division may be provided by a home health agency certified under 61260
Title XVIII of the "Social Security Act," a hospice care program 61261
licensed under Chapter 3712. of the Revised Code, or a member of 61262
the staff of a residential care facility who is qualified to 61263
perform skilled nursing care.61264

       A residential care facility that provides skilled nursing 61265
care pursuant to this division shall do both of the following:61266

       (1) Evaluate each resident receiving the skilled nursing care 61267
at least once every seven days to determine whether the resident 61268
should be transferred to a nursing home;61269

       (2) Meet the skilled nursing care needs of each resident 61270
receiving the care.61271

       (D)(1) A residential care facility may admit or retain a 61272
hospice patientan individual who requires skilled nursing care 61273
for more than one hundred twenty days in any twelve-month period 61274
only if the facility has entered into a written agreement with 61275
each of the following:61276

        (a) The individual or individual's sponsor;61277

        (b) The individual's personal physician;61278

        (c) Unless the individual's personal physician oversees the 61279
skilled nursing care, the provider of the skilled nursing care;61280

        (d) If the individual is a hospice patient as defined in 61281
section 3712.01 of the Revised Code, a hospice care program 61282
licensed under Chapter 3712. of the Revised Code. The61283

       (2) The agreement between the residential care facility and 61284
hospice programrequired by division (D)(1) of this section shall 61285
include all of the following provisions:61286

       (1)(a) That the hospice patientindividual will be provided 61287
skilled nursing care in the facility only if a determination has 61288
been made that the patient'sindividual's needs can be met at the 61289
facility;61290

       (2)(b) That the hospice patientindividual will be retained 61291
in the facility only if periodic redeterminations are made that 61292
the patient'sindividual's needs are being met at the facility;61293

       (3)(c) That the redeterminations will be made according to a 61294
schedule specified in the agreement;61295

       (4) That the(d) If the individual is a hospice patient, that 61296
the individual has been given an opportunity to choose the hospice 61297
care program that best meets the patient'sindividual's needs;61298

       (e) Unless the individual is a hospice patient, that the 61299
individual's personal physician has determined that the skilled 61300
nursing care the individual needs is routine.61301

       (E) Notwithstanding any other provision of this chapter, a 61302
residential care facility in which residents receive skilled 61303
nursing care pursuant to this section is not a nursing home.61304

       Sec. 3721.02. (A) The director of health shall license homes 61305
and establish procedures to be followed in inspecting and 61306
licensing homes. The director may inspect a home at any time. Each 61307
home shall be inspected by the director at least once prior to the 61308
issuance of a license and at least once every fifteen months 61309
thereafter. The state fire marshal or a township, municipal, or 61310
other legally constituted fire department approved by the marshal 61311
shall also inspect a home prior to issuance of a license, at least 61312
once every fifteen months thereafter, and at any other time 61313
requested by the director. A home does not have to be inspected 61314
prior to issuance of a license by the director, state fire 61315
marshal, or a fire department if ownership of the home is assigned 61316
or transferred to a different person and the home was licensed 61317
under this chapter immediately prior to the assignment or 61318
transfer. The director may enter at any time, for the purposes of 61319
investigation, any institution, residence, facility, or other 61320
structure that has been reported to the director or that the 61321
director has reasonable cause to believe is operating as a nursing 61322
home, residential care facility, or home for the aging without a 61323
valid license required by section 3721.05 of the Revised Code or, 61324
in the case of a county home or district home, is operating 61325
despite the revocation of its residential care facility license. 61326
The director may delegate the director's authority and duties 61327
under this chapter to any division, bureau, agency, or official of 61328
the department of health.61329

       (B) A single facility may be licensed both as a nursing home 61330
pursuant to this chapter and as an adult care facility pursuant to 61331
Chapter 3722.5119. of the Revised Code if the director determines 61332
that the part or unit to be licensed as a nursing home can be 61333
maintained separate and discrete from the part or unit to be 61334
licensed as an adult care facility.61335

       (C) In determining the number of residents in a home for the 61336
purpose of licensing, the director shall consider all the 61337
individuals for whom the home provides accommodations as one group 61338
unless one of the following is the case:61339

       (1) The home is a home for the aging, in which case all the 61340
individuals in the part or unit licensed as a nursing home shall 61341
be considered as one group, and all the individuals in the part or 61342
unit licensed as a rest home shall be considered as another group.61343

       (2) The home is both a nursing home and an adult care 61344
facility. In that case, all the individuals in the part or unit 61345
licensed as a nursing home shall be considered as one group, and 61346
all the individuals in the part or unit licensed as an adult care 61347
facility shall be considered as another group.61348

       (3) The home maintains, in addition to a nursing home or 61349
residential care facility, a separate and discrete part or unit 61350
that provides accommodations to individuals who do not require or 61351
receive skilled nursing care and do not receive personal care 61352
services from the home, in which case the individuals in the 61353
separate and discrete part or unit shall not be considered in 61354
determining the number of residents in the home if the separate 61355
and discrete part or unit is in compliance with the Ohio basic 61356
building code established by the board of building standards under 61357
Chapters 3781. and 3791. of the Revised Code and the home permits 61358
the director, on request, to inspect the separate and discrete 61359
part or unit and speak with the individuals residing there, if 61360
they consent, to determine whether the separate and discrete part 61361
or unit meets the requirements of this division.61362

       (D)(1) The director of health shall charge the following 61363
application fee and annual renewal licensing and inspection fee 61364
for each fifty persons or part thereof of a home's licensed 61365
capacity:61366

       (a) For state fiscal year 2010, two hundred twenty dollars;61367

       (b) For state fiscal year 2011, two hundred seventy dollars;61368

       (c) For each state fiscal year thereafter, three hundred 61369
twenty dollars. 61370

       (2) All fees collected by the director for the issuance or 61371
renewal of licenses shall be deposited into the state treasury to 61372
the credit of the general operations fund created in section 61373
3701.83 of the Revised Code for use only in administering and 61374
enforcing this chapter and rules adopted under it.61375

       (E)(1) Except as otherwise provided in this section, the 61376
results of an inspection or investigation of a home that is 61377
conducted under this section, including any statement of 61378
deficiencies and all findings and deficiencies cited in the 61379
statement on the basis of the inspection or investigation, shall 61380
be used solely to determine the home's compliance with this 61381
chapter or another chapter of the Revised Code in any action or 61382
proceeding other than an action commenced under division (I) of 61383
section 3721.17 of the Revised Code. Those results of an 61384
inspection or investigation, that statement of deficiencies, and 61385
the findings and deficiencies cited in that statement shall not be 61386
used in any court or in any action or proceeding that is pending 61387
in any court and are not admissible in evidence in any action or 61388
proceeding unless that action or proceeding is an appeal of an 61389
action by the department of health under this chapter or is an 61390
action by any department or agency of the state to enforce this 61391
chapter or another chapter of the Revised Code.61392

       (2) Nothing in division (E)(1) of this section prohibits the 61393
results of an inspection or investigation conducted under this 61394
section from being used in a criminal investigation or 61395
prosecution.61396

       Sec. 3721.04.  (A) The public health council shall adopt and 61397
publish rules governing the operation of homes, which shall have 61398
uniform application throughout the state, and shall prescribe 61399
standards for homes with respect to, but not limited to, the 61400
following matters:61401

       (1) The minimum space requirements for occupants and 61402
equipping of the buildings in which homes are housed so as to 61403
ensure healthful, safe, sanitary, and comfortable conditions for 61404
all residents, so long as they are not inconsistent with Chapters 61405
3781. and 3791. of the Revised Code or with any rules adopted by 61406
the board of building standards and by the state fire marshal;61407

       (2) The number and qualifications of personnel, including 61408
management and nursing staff, for each class of home, and the 61409
qualifications of nurse aides, as defined in section 3721.21 of 61410
the Revised Code, used by long-term care facilities, as defined in 61411
that section;61412

       (3) The medical, rehabilitative, and recreational services to 61413
be provided by each class of home;61414

       (4) Dietetic services, including but not limited to 61415
sanitation, nutritional adequacy, and palatability of food;61416

       (5) The personal and social services to be provided by each 61417
class of home;61418

       (6) The business and accounting practices to be followed and 61419
the type of patient and business records to be kept by such homes;61420

       (7) The operation of adult day-care programs provided by and 61421
on the same site as homes licensed under this chapter;61422

       (8) The standards and procedures to be followed by 61423
residential care facilities in admitting and retaining a resident 61424
who requires the application of dressings, including requirements 61425
for charting and evaluating on a weekly basis;61426

       (9) The requirements for conducting weekly evaluations of 61427
residents receiving skilled nursing care in residential care 61428
facilities.61429

       (B) The public health council may adopt whatever additional 61430
rules are necessary to carry out or enforce the provisions of 61431
sections 3721.01 to 3721.09 and 3721.99 of the Revised Code.61432

       (C) The following apply to the public health council when 61433
adopting rules under division (A)(2) of this section regarding the 61434
number and qualifications of personnel in homes:61435

       (1) When adopting rules applicable to residential care 61436
facilities, the public health council shall take into 61437
consideration the effect that the following may have on the number 61438
of personnel needed:61439

        (a) Provision of personal care services;61440

       (b) Provision of part-time, intermittent skilled nursing care 61441
pursuant to division (C) of section 3721.011 of the Revised Code;61442

        (c) Provision of skilled nursing care to hospice patients61443
residents pursuant to division (D) of section 3721.011 of the 61444
Revised Code.61445

       (2) The rules prescribing qualifications of nurse aides used 61446
by long-term care facilities, as those terms are defined in 61447
section 3721.21 of the Revised Code, shall be no less stringent 61448
than the requirements, guidelines, and procedures established by 61449
the United States secretary of health and human services under 61450
sections 1819 and 1919 of the "Social Security Act," 49 Stat. 620 61451
(1935), 42 U.S.C.A. 301, as amended.61452

       Sec. 3721.16. For each resident of a home, notice of a 61453
proposed transfer or discharge shall be in accordance with this 61454
section.61455

       (A)(1) The administrator of a home shall notify a resident in 61456
writing, and the resident's sponsor in writing by certified mail, 61457
return receipt requested, in advance of any proposed transfer or 61458
discharge from the home. The administrator shall send a copy of 61459
the notice to the state department of health. The notice shall be 61460
provided at least thirty days in advance of the proposed transfer 61461
or discharge, unless any of the following applies:61462

       (a) The resident's health has improved sufficiently to allow 61463
a more immediate discharge or transfer to a less skilled level of 61464
care;61465

       (b) The resident has resided in the home less than thirty 61466
days;61467

       (c) An emergency arises in which the safety of individuals in 61468
the home is endangered;61469

       (d) An emergency arises in which the health of individuals in 61470
the home would otherwise be endangered;61471

       (e) An emergency arises in which the resident's urgent 61472
medical needs necessitate a more immediate transfer or discharge.61473

       In any of the circumstances described in divisions (A)(1)(a) 61474
to (e) of this section, the notice shall be provided as many days 61475
in advance of the proposed transfer or discharge as is 61476
practicable.61477

       (2) The notice required under division (A)(1) of this section 61478
shall include all of the following:61479

       (a) The reasons for the proposed transfer or discharge;61480

       (b) The proposed date the resident is to be transferred or 61481
discharged;61482

       (c) The proposed location to which the resident is to be 61483
transferred or discharged;61484

       (d) Notice of the right of the resident and the resident's 61485
sponsor to an impartial hearing at the home on the proposed 61486
transfer or discharge, and of the manner in which and the time 61487
within which the resident or sponsor may request a hearing 61488
pursuant to section 3721.161 of the Revised Code;61489

       (e) A statement that the resident will not be transferred or 61490
discharged before the date specified in the notice unless the home 61491
and the resident or, if the resident is not competent to make a 61492
decision, the home and the resident's sponsor, agree to an earlier 61493
date;61494

       (f) The address of the legal services office of the 61495
department of health;61496

       (g) The name, address, and telephone number of a 61497
representative of the state long-term care ombudsperson program 61498
and, if the resident or patient has a developmental disability or 61499
mental illness, the name, address, and telephone number of the 61500
Ohio legal rights serviceprotection and advocacy system.61501

       (B) No home shall transfer or discharge a resident before the 61502
date specified in the notice required by division (A) of this 61503
section unless the home and the resident or, if the resident is 61504
not competent to make a decision, the home and the resident's 61505
sponsor, agree to an earlier date.61506

       (C) Transfer or discharge actions shall be documented in the 61507
resident's medical record by the home if there is a medical basis 61508
for the action.61509

       (D) A resident or resident's sponsor may challenge a transfer 61510
or discharge by requesting an impartial hearing pursuant to 61511
section 3721.161 of the Revised Code, unless the transfer or 61512
discharge is required because of one of the following reasons:61513

       (1) The home's license has been revoked under this chapter;61514

       (2) The home is being closed pursuant to section 3721.08, 61515
sections 5111.35 to 5111.62, or section 5155.31 of the Revised 61516
Code;61517

       (3) The resident is a recipient of medicaid and the home's 61518
participation in the medicaid program has been involuntarily 61519
terminated or denied by the federal government;61520

       (4) The resident is a beneficiary under the medicare program 61521
and the home's certification under the medicare program has been 61522
involuntarily terminated or denied by the federal government.61523

       (E) If a resident is transferred or discharged pursuant to 61524
this section, the home from which the resident is being 61525
transferred or discharged shall provide the resident with adequate 61526
preparation prior to the transfer or discharge to ensure a safe 61527
and orderly transfer or discharge from the home, and the home or 61528
alternative setting to which the resident is to be transferred or 61529
discharged shall have accepted the resident for transfer or 61530
discharge.61531

       (F) At the time of a transfer or discharge of a resident who 61532
is a recipient of medicaid from a home to a hospital or for 61533
therapeutic leave, the home shall provide notice in writing to the 61534
resident and in writing by certified mail, return receipt 61535
requested, to the resident's sponsor, specifying the number of 61536
days, if any, during which the resident will be permitted under 61537
the medicaid program to return and resume residence in the home 61538
and specifying the medicaid program's coverage of the days during 61539
which the resident is absent from the home. An individual who is 61540
absent from a home for more than the number of days specified in 61541
the notice and continues to require the services provided by the 61542
facility shall be given priority for the first available bed in a 61543
semi-private room.61544

       Sec. 3721.50.  As used in sections 3721.50 to 3721.58 of the 61545
Revised Code:61546

       (A) "Franchise permit fee rate" means the amount determined 61547
as followsfollowing:61548

       (1) Determine the difference between the following:61549

       (a) The total net patient revenue, less medicaid per diem 61550
payments, of all nursing homes and hospital long-term care units 61551
as shown on cost reports filed under section 5111.26 of the 61552
Revised Code for the calendar year immediately preceding the 61553
fiscal year for which the franchise permit fee is assessed under 61554
section 3721.51 of the Revised CodeFor fiscal year 2012, eleven 61555
dollars and thirty-eight cents;61556

       (b) The total net patient revenue, less medicaid per diem 61557
payments, of all nursing homes and hospital long-term care units 61558
as shown on cost reports filed under section 5111.26 of the 61559
Revised Code for the calendar year immediately preceding the 61560
calendar year that immediately precedes the fiscal year for which 61561
the franchise permit fee is assessed under section 3721.51 of the 61562
Revised Code.61563

       (2) Multiply the amount determined under division (A)(1) of 61564
this section by five and five-tenths per cent;61565

       (3) Divide the amount determined under division (A)(2) of 61566
this section by the total number of days in the fiscal year for 61567
which the franchise permit fee is assessed under section 3721.51 61568
of the Revised Code;61569

       (4) Subtract eleven dollars and ninety-five cents from the 61570
amount determined under division (A)(3) of this section;61571

       (5) Add eleven dollars and ninety-five cents to the amount 61572
determined under division (A)(4) of this sectionFor fiscal year 61573
2013 and each fiscal year thereafter, eleven dollars and sixty 61574
cents.61575

       (B) "Hospital" has the same meaning as in section 3727.01 of 61576
the Revised Code.61577

       (C) "Hospital long-term care unit" means any distinct part of 61578
a hospital in which any of the following beds are located:61579

       (1) Beds registered pursuant to section 3701.07 of the 61580
Revised Code as skilled nursing facility beds or long-term care 61581
beds;61582

       (2) Beds licensed as nursing home beds under section 3721.02 61583
or 3721.09 of the Revised Code.61584

       (D) "Indirect guarantee percentage" means the percentage 61585
specified in section 1903(w)(4)(C)(ii) of the "Social Security 61586
Act," 120 Stat. 2994 (2006), 42 U.S.C. 1396b(w)(4)(C)(ii) that is 61587
to be used in determining whether a class of providers is 61588
indirectly held harmless for any portion of the costs of a 61589
broad-based health-care-related tax. If the indirect guarantee 61590
percentage changes during a fiscal year, the indirect guarantee 61591
percentage is the following:61592

       (1) For the part of the fiscal year before the change takes 61593
effect, the percentage in effect before the change;61594

       (2) For the part of the fiscal year beginning with the date 61595
the indirect guarantee percentage changes, the new percentage.61596

       (E) "Inpatient days" means all days during which a resident 61597
of a nursing facility, regardless of payment source, occupies a 61598
bed in the nursing facility that is included in the facility's 61599
certified capacity under Title XIX. Therapeutic or hospital leave 61600
days for which payment is made under section 5111.26 of the 61601
Revised Code are considered inpatient days proportionate to the 61602
percentage of the facility's per resident per day rate paid for 61603
those days.61604

       (E)(F) "Medicaid" has the same meaning as in section 5111.01 61605
of the Revised Code.61606

       (F)(G) "Medicaid day" means all days during which a resident 61607
who is a medicaid recipient occupies a bed in a nursing facility 61608
that is included in the facility's certified capacity under Title 61609
XIX. Therapeutic or hospital leave days for which payment is made 61610
under section 5111.26 of the Revised Code are considered medicaid 61611
days proportionate to the percentage of the nursing facility's per 61612
resident per day rate for those days.61613

       (G)(H) "Medicare" means the program established by Title 61614
XVIII.61615

       (H)(I) "Nursing facility" has the same meaning as in section 61616
5111.20 of the Revised Code.61617

       (I)(J)(1) "Nursing home" means all of the following:61618

       (a) A nursing home licensed under section 3721.02 or 3721.09 61619
of the Revised Code, including any part of a home for the aging 61620
licensed as a nursing home;61621

       (b) A facility or part of a facility, other than a hospital, 61622
that is certified as a skilled nursing facility under Title XVIII;61623

       (c) A nursing facility, other than a portion of a hospital 61624
certified as a nursing facility.61625

       (2) "Nursing home" does not include any of the following:61626

       (a) A county home, county nursing home, or district home 61627
operated pursuant to Chapter 5155. of the Revised Code;61628

       (b) A nursing home maintained and operated by the department 61629
of veterans services under section 5907.01 of the Revised Code;61630

        (c) A nursing home or part of a nursing home licensed under 61631
section 3721.02 or 3721.09 of the Revised Code that is certified 61632
as an intermediate care facility for the mentally retarded under 61633
Title XIX.61634

       (J)(K) "Title XIX" means Title XIX of the "Social Security 61635
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.61636

       (K)(L) "Title XVIII" means Title XVIII of the "Social 61637
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.61638

       Sec. 3721.51.  The department of job and family services 61639
shall do all of the following:61640

       (A) Subject to sections 3721.512 and 3721.513 of the Revised 61641
Code and divisions (C) and (D) of this section and for the 61642
purposes specified in sectionssection 3721.56 and 3721.561 of the 61643
Revised Code, determine an annual franchise permit fee on each 61644
nursing home in an amount equal to the franchise permit fee rate 61645
multiplied by the product of the following:61646

       (1) The number of beds licensed as nursing home beds, plus 61647
any other beds certified as skilled nursing facility beds under 61648
Title XVIII or nursing facility beds under Title XIX on the first 61649
day of May of the calendar year in which the fee is determined 61650
pursuant to division (A) of section 3721.53 of the Revised Code;61651

       (2) The number of days in the fiscal year beginning on the 61652
first day of July of the calendar year in which the fee is 61653
determined pursuant to division (A) of section 3721.53 of the 61654
Revised Code.61655

       (B) Subject to sections 3721.512 and 3721.513 of the Revised 61656
Code and divisions (C) and (D) of this section and for the 61657
purposes specified in sectionssection 3721.56 and 3721.561 of the 61658
Revised Code, determine an annual franchise permit fee on each 61659
hospital in an amount equal to the franchise permit fee rate 61660
multiplied by the product of the following:61661

       (1) The number of beds registered pursuant to section 3701.07 61662
of the Revised Code as skilled nursing facility beds or long-term 61663
care beds, plus any other beds licensed as nursing home beds under 61664
section 3721.02 or 3721.09 of the Revised Code, on the first day 61665
of May of the calendar year in which the fee is determined 61666
pursuant to division (A) of section 3721.53 of the Revised Code;61667

       (2) The number of days in the fiscal year beginning on the 61668
first day of July of the calendar year in which the fee is 61669
determined pursuant to division (A) of section 3721.53 of the 61670
Revised Code.61671

       (C) If the total amount of the franchise permit fee assessed 61672
under divisions (A) and (B) of this section for a fiscal year 61673
exceeds five and one-half per centthe indirect guarantee 61674
percentage of the actual net patient revenue for all nursing homes 61675
and hospital long-term care units for that fiscal year, do both of 61676
the following:61677

       (1) Recalculate the assessments under divisions (A) and (B) 61678
of this section using a per bed per day rate equal to five and 61679
one-half per centthe indirect guarantee percentage of actual net 61680
patient revenue for all nursing homes and hospital long-term care 61681
units for that fiscal year;61682

       (2) Refund the difference between the amount of the franchise 61683
permit fee assessed for that fiscal year under divisions (A) and 61684
(B) of this section and the amount recalculated under division 61685
(C)(1) of this section as a credit against the assessments imposed 61686
under divisions (A) and (B) of this section for the subsequent 61687
fiscal year.61688

       (D) If the United States centers for medicare and medicaid 61689
services determines that the franchise permit fee established by 61690
sections 3721.50 to 3721.58 of the Revised Code is an 61691
impermissible health care-related tax under section 1903(w) of the 61692
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as 61693
amended, take all necessary actions to cease implementation of 61694
sections 3721.50 to 3721.58 of the Revised Code in accordance with 61695
rules adopted under section 3721.58 of the Revised Code.61696

       Sec. 3721.561.        Sec. 3721.56.  (A) There is hereby created in the 61697
state treasury the nursing facility stabilizationhome franchise 61698
permit fee fund. All payments and penalties paid by nursing homes 61699
and hospitals under sections 3721.53 and 3721.54 of the Revised 61700
Code that are not deposited into the home and community-based 61701
services for the aged fund shall be deposited into the fund. The 61702
fund shall also consist of money deposited into it pursuant to 61703
sections 3769.08 and 3769.26 of the Revised Code. Subject to 61704
division (B) of section 3769.08 of the Revised Code, the61705
department of job and family services shall use the money in the 61706
fund to make medicaid payments to providers of nursing facilities61707
facility services and providers of home and community-based 61708
services. Money in the fund may also be used for the residential 61709
state supplement program established under section 5119.69 of the 61710
Revised Code.61711

        (B) Any money remaining in the nursing facility stabilization61712
home franchise permit fee fund after payments specified in 61713
division (A) of this section are made shall be retained in the 61714
fund. Any interest or other investment proceeds earned on money in 61715
the fund shall be credited to the fund and used to make medicaid 61716
payments in accordance with division (A) of this section.61717

       Sec. 3721.58.  The director of job and family services shall 61718
adopt rules in accordance with Chapter 119. of the Revised Code to 61719
do allboth of the following:61720

       (A) Prescribe the actions the department of job and family 61721
services will take to cease implementation of sections 3721.50 61722
through 3721.57 of the Revised Code if the United States centers 61723
for medicare and medicaid services determines that the franchise 61724
permit fee established by those sections is an impermissible 61725
health-care related tax under section 1903(w) of the "Social 61726
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as 61727
amended;61728

       (B) Establish the method of distributing moneys in the home 61729
and community-based services for the aged fund created under 61730
section 3721.56 of the Revised Code;61731

       (C) Establish any requirements or procedures the director 61732
considers necessary to implement sections 3721.50 to 3721.58 of 61733
the Revised Code.61734

       Sec. 3729.01.  As used in this chapter:61735

       (A) "Camp operator" means the operator of a recreational 61736
vehicle park, recreation camp, combined park-camp, or temporary 61737
park-camp.61738

       (B) "Campsite user" means a person who enters into a campsite 61739
use agreement with a camp operator for the use of a campsite at a 61740
recreational vehicle park, recreation camp, combined park-camp, or 61741
temporary park-camp.61742

       (C) "Combined park-camp" means any tract of land upon which a 61743
combination of five or more self-contained recreational vehicles 61744
or portable camping units are placed and includes any roadway, 61745
building, structure, vehicle, or enclosure used or intended for 61746
use as part of the park facilities. A tract of land that is 61747
subdivided for lease or other contract of the individual lots is a 61748
combined park-camp if a combination of five or more recreational 61749
vehicles or portable camping units are placed on it for 61750
recreation, vacation, or business purposes.61751

       "Combined park-camp" does not include any tract of land used 61752
solely as a temporary park-camp or solely as a manufactured home 61753
park.61754

       (D) "Dependent recreational vehicle" means a recreational 61755
vehicle other than a self-contained recreational vehicle. 61756
"Dependent recreational vehicle" includes a park model.61757

       (E) "Development" means any artificial change to improved or 61758
unimproved real estate, including, without limitation, buildings 61759
or structures, dredging, filling, grading, paving, excavation or 61760
drilling operations, or storage of equipment or materials, and the 61761
construction, expansion, or substantial alteration of a 61762
recreational vehicle park, recreation camp, or combined park-camp, 61763
for which plan review is required under division (A) of section 61764
3729.03 of the Revised Code. "Development" does not include the 61765
building, construction, erection, or manufacture of any building 61766
to which section 3781.06 of the Revised Code is applicable.61767

       (F) "Director of health" means the director of health or the 61768
director's authorized representative.61769

       (G) "Flood" or "flooding" means either of the following:61770

       (1) A general and temporary condition of partial or complete 61771
inundation of normally dry land areas from any of the following:61772

       (a) The overflow of inland or tidal waters;61773

       (b) The unusual and rapid accumulation or runoff of surface 61774
waters from any source;61775

       (c) Mudslides that are proximately caused by flooding as 61776
defined in division (G)(1)(b) of this section and that are akin to 61777
a river of liquid and flowing mud on the surface of normally dry 61778
land areas, as when earth is carried by a current of water and 61779
deposited along the path of the current.61780

       (2) The collapse or subsidence of land along the shore of a 61781
lake or other body of water as a result of erosion or undermining 61782
that is caused by waves or currents of water exceeding anticipated 61783
cyclical levels or that is suddenly caused by an unusually high 61784
water level in a natural body of water, and that is accompanied by 61785
a severe storm, by an unanticipated force of nature, such as a 61786
flash flood, by an abnormal tidal surge, or by some similarly 61787
unusual and unforeseeable event, that results in flooding as 61788
defined in division (G)(1)(a) of this section.61789

       (H) "Flood plain" means the area adjoining any river, stream, 61790
watercourse, or lake that has been or may be covered by flood 61791
water.61792

       (I) "Licensor" means either the board of health of a city or 61793
general health district, or the authority having the duties of a 61794
board of health in any city as authorized by section 3709.05 of 61795
the Revised Code, or the director of health, when required under 61796
division (B) of section 3729.06 of the Revised Code. "Licensor" 61797
also means an authorized representative of any of those entities 61798
or of the director.61799

       (J) "Manufactured home park" has the same meaning as in 61800
section 3733.014781.01 of the Revised Code.61801

       (K) "One-hundred-year flood" means a flood having a one per 61802
cent chance of being equaled or exceeded in any given year.61803

       (L) "One-hundred-year flood plain" means that portion of a 61804
flood plain inundated by a one-hundred-year flood.61805

       (M) "Operator" means the person who has responsible charge of 61806
a recreational vehicle park, recreation camp, combined park-camp, 61807
or temporary park-camp and who is licensed under this chapter.61808

       (N) "Park model" means a recreational vehicle that meets the 61809
American national standard institute standard A119.5(1988) for 61810
park trailers, is built on a single chassis, has a gross trailer 61811
area of not more than four hundred square feet when set up, is 61812
designed for seasonal or temporary living quarters, and may be 61813
connected to utilities necessary for operation of installed 61814
features and appliances.61815

       (O) "Person" has the same meaning as in section 1.59 of the 61816
Revised Code and also includes this state, any political 61817
subdivision of this state, and any other state or local body of 61818
this state.61819

       (P) "Portable camping units" means dependent recreational 61820
vehicles, tents, portable sleeping equipment, and similar camping 61821
equipment used for travel, recreation, vacation, or business 61822
purposes.61823

       (Q) "Recreation camp" means any tract of land upon which five 61824
or more portable camping units are placed and includes any 61825
roadway, building, structure, vehicle, or enclosure used or 61826
intended for use as a part of the facilities of the camp. A tract 61827
of land that is subdivided for lease or other contract of the 61828
individual lots is a recreation camp if five or more portable 61829
camping units are placed on it for recreation, vacation, or 61830
business purposes.61831

       "Recreation camp" does not include any tract of land used 61832
solely for the storage or display for sale of dependent 61833
recreational vehicles, solely as a temporary park-camp, or solely 61834
as a manufactured home park.61835

       (R) "Recreational vehicle" has the same meaning as in section 61836
4501.01 of the Revised Code.61837

       (S) "Recreational vehicle park" means any tract of land used 61838
for parking five or more self-contained recreational vehicles and 61839
includes any roadway, building, structure, vehicle, or enclosure 61840
used or intended for use as part of the park facilities and any 61841
tract of land that is subdivided for lease or other contract of 61842
the individual lots for the express or implied purpose of placing 61843
self-contained recreational vehicles for recreation, vacation, or 61844
business purposes.61845

       "Recreational vehicle park" does not include any tract of 61846
land used solely for the storage or display for sale of 61847
self-contained recreational vehicles, solely as a temporary 61848
park-camp, or solely as a manufactured home park.61849

       (T) "Self-contained recreational vehicle" means a 61850
recreational vehicle that can operate independent of connections 61851
to sewer and water and has plumbing fixtures or appliances all of 61852
which are connected to sewage holding tanks located within the 61853
vehicle. "Self-contained recreational vehicle" includes a park 61854
model.61855

       (U) "Substantially alter" means a change in the layout or 61856
design of a recreational vehicle park, recreation camp, combined 61857
park-camp, or temporary park-camp, including, without limitation, 61858
the movement of utilities or changes in established streets, lots, 61859
or sites or in other facilities.61860

       (V) "Temporary park-camp" means any tract of land used for a 61861
period not to exceed a total of twenty-one days per calendar year 61862
for the purpose of parking five or more recreational vehicles, 61863
dependent recreational vehicles, or portable camping units, or any 61864
combination thereof, for one or more periods of time that do not 61865
exceed seven consecutive days or parts thereof.61866

       (W) "Tract" means a contiguous area of land that consists of 61867
one or more parcels, lots, or sites that have been separately 61868
surveyed regardless of whether the individual parcels, lots, or 61869
sites have been recorded and regardless of whether the one or more 61870
parcels, lots, or sites are under common or different ownership.61871

       Sec. 3733.41.  As used in sections 3733.41 to 3733.49 of the 61872
Revised Code:61873

       (A) "Agricultural labor camp" means one or more buildings or 61874
structures, trailers, tents, or vehicles, together with any land 61875
appertaining thereto, established, operated, or used as temporary 61876
living quarters for two or more families or five or more persons 61877
intending to engage in or engaged in agriculture or related food 61878
processing, whether occupancy is by rent, lease, or mutual 61879
agreement. "Agricultural labor camp" does not include a hotel or 61880
motel, or a trailermanufactured home park as defined and61881
regulated pursuant to sections 3733.014781.26 to 3733.084781.5261882
of the Revised Code, and rules adopted thereunder.61883

       (B) "Board of health" means the board of health of a city or 61884
general health district or the authority having the duties of a 61885
board of health in any city as authorized by section 3709.05 of 61886
the Revised Code or an authorized representative of the board of 61887
health.61888

       (C) "Director" means the director of the department of health 61889
or histhe director's authorized representative.61890

       (D) "Licensor" means the director of health.61891

       (E) "Person" means the state, any political subdivision, 61892
public or private corporation, partnership, association, trust, 61893
individual, or other entity.61894

       (F) "Public health council" means the public health council 61895
as created by section 3701.33 of the Revised Code.61896

       Sec. 3733.99.  (A) Whoever violates division (A) of section 61897
3733.08 of the Revised Code is guilty of a misdemeanor of the 61898
fourth degree.61899

       (B) Whoever violates section 3733.30 of the Revised Code is 61900
guilty of a minor misdemeanor. Each day that such violation 61901
continues is a separate offense.61902

       (C)(B) Whoever violates section 3733.48 of the Revised Code 61903
is guilty of a minor misdemeanor.61904

       Sec. 3734.02.  (A) The director of environmental protection, 61905
in accordance with Chapter 119. of the Revised Code, shall adopt 61906
and may amend, suspend, or rescind rules having uniform 61907
application throughout the state governing solid waste facilities 61908
and the inspections of and issuance of permits and licenses for 61909
all solid waste facilities in order to ensure that the facilities 61910
will be located, maintained, and operated, and will undergo 61911
closure and post-closure care, in a sanitary manner so as not to 61912
create a nuisance, cause or contribute to water pollution, create 61913
a health hazard, or violate 40 C.F.R. 257.3-2 or 40 C.F.R. 61914
257.3-8, as amended. The rules may include, without limitation, 61915
financial assurance requirements for closure and post-closure care 61916
and corrective action and requirements for taking corrective 61917
action in the event of the surface or subsurface discharge or 61918
migration of explosive gases or leachate from a solid waste 61919
facility, or of ground water contamination resulting from the 61920
transfer or disposal of solid wastes at a facility, beyond the 61921
boundaries of any area within a facility that is operating or is 61922
undergoing closure or post-closure care where solid wastes were 61923
disposed of or are being disposed of. The rules shall not concern 61924
or relate to personnel policies, salaries, wages, fringe benefits, 61925
or other conditions of employment of employees of persons owning 61926
or operating solid waste facilities. The director, in accordance 61927
with Chapter 119. of the Revised Code, shall adopt and may amend, 61928
suspend, or rescind rules governing the issuance, modification, 61929
revocation, suspension, or denial of variances from the director's 61930
solid waste rules, including, without limitation, rules adopted 61931
under this chapter governing the management of scrap tires.61932

       Variances shall be issued, modified, revoked, suspended, or 61933
rescinded in accordance with this division, rules adopted under 61934
it, and Chapter 3745. of the Revised Code. The director may order 61935
the person to whom a variance is issued to take such action within 61936
such time as the director may determine to be appropriate and 61937
reasonable to prevent the creation of a nuisance or a hazard to 61938
the public health or safety or the environment. Applications for 61939
variances shall contain such detail plans, specifications, and 61940
information regarding objectives, procedures, controls, and other 61941
pertinent data as the director may require. The director shall 61942
grant a variance only if the applicant demonstrates to the 61943
director's satisfaction that construction and operation of the 61944
solid waste facility in the manner allowed by the variance and any 61945
terms or conditions imposed as part of the variance will not 61946
create a nuisance or a hazard to the public health or safety or 61947
the environment. In granting any variance, the director shall 61948
state the specific provision or provisions whose terms are to be 61949
varied and also shall state specific terms or conditions imposed 61950
upon the applicant in place of the provision or provisions. The 61951
director may hold a public hearing on an application for a 61952
variance or renewal of a variance at a location in the county 61953
where the operations that are the subject of the application for 61954
the variance are conducted. The director shall give not less than 61955
twenty days' notice of the hearing to the applicant by certified 61956
mail and shall publish at least one notice of the hearing in a 61957
newspaper with general circulation in the county where the hearing 61958
is to be held. The director shall make available for public 61959
inspection at the principal office of the environmental protection 61960
agency a current list of pending applications for variances and a 61961
current schedule of pending variance hearings. The director shall 61962
make a complete stenographic record of testimony and other 61963
evidence submitted at the hearing. Within ten days after the 61964
hearing, the director shall make a written determination to issue, 61965
renew, or deny the variance and shall enter the determination and 61966
the basis for it into the record of the hearing. The director 61967
shall issue, renew, or deny an application for a variance or 61968
renewal of a variance within six months of the date upon which the 61969
director receives a complete application with all pertinent 61970
information and data required. No variance shall be issued, 61971
revoked, modified, or denied until the director has considered the 61972
relative interests of the applicant, other persons and property 61973
affected by the variance, and the general public. Any variance 61974
granted under this division shall be for a period specified by the 61975
director and may be renewed from time to time on such terms and 61976
for such periods as the director determines to be appropriate. No 61977
application shall be denied and no variance shall be revoked or 61978
modified without a written order stating the findings upon which 61979
the denial, revocation, or modification is based. A copy of the 61980
order shall be sent to the applicant or variance holder by 61981
certified mail.61982

       (B) The director shall prescribe and furnish the forms 61983
necessary to administer and enforce this chapter. The director may 61984
cooperate with and enter into agreements with other state, local, 61985
or federal agencies to carry out the purposes of this chapter. The 61986
director may exercise all incidental powers necessary to carry out 61987
the purposes of this chapter.61988

       The director may use moneys in the infectious waste 61989
management fund created in section 3734.021 of the Revised Code 61990
exclusively for administering and enforcing the provisions of this 61991
chapter governing the management of infectious wastes. Of each 61992
registration and renewal fee collected under rules adopted under 61993
division (A)(2)(a) of section 3734.021 or under section 3734.022 61994
of the Revised Code, the director, within forty-five days of its 61995
receipt, shall remit from the fund one-half of the fee received to 61996
the board of health of the health district in which the registered 61997
premises is located, or, in the instance of an infectious wastes 61998
transporter, to the board of health of the health district in 61999
which the transporter's principal place of business is located. 62000
However, if the board of health having jurisdiction over a 62001
registrant's premises or principal place of business is not on the 62002
approved list under section 3734.08 of the Revised Code, the 62003
director shall not make that payment to the board of health.62004

       (C) Except as provided in this division and divisions (N)(2) 62005
and (3) of this section, no person shall establish a new solid 62006
waste facility or infectious waste treatment facility, or modify 62007
an existing solid waste facility or infectious waste treatment 62008
facility, without submitting an application for a permit with 62009
accompanying detail plans, specifications, and information 62010
regarding the facility and method of operation and receiving a 62011
permit issued by the director, except that no permit shall be 62012
required under this division to install or operate a solid waste 62013
facility for sewage sludge treatment or disposal when the 62014
treatment or disposal is authorized by a current permit issued 62015
under Chapter 3704. or 6111. of the Revised Code.62016

       No person shall continue to operate a solid waste facility 62017
for which the director has denied a permit for which an 62018
application was required under division (A)(3) of section 3734.05 62019
of the Revised Code, or for which the director has disapproved 62020
plans and specifications required to be filed by an order issued 62021
under division (A)(5) of that section, after the date prescribed 62022
for commencement of closure of the facility in the order issued 62023
under division (A)(6) of section 3734.05 of the Revised Code 62024
denying the permit application or approval.62025

       On and after the effective date of the rules adopted under 62026
division (A) of this section and division (D) of section 3734.12 62027
of the Revised Code governing solid waste transfer facilities, no 62028
person shall establish a new, or modify an existing, solid waste 62029
transfer facility without first submitting an application for a 62030
permit with accompanying engineering detail plans, specifications, 62031
and information regarding the facility and its method of operation 62032
to the director and receiving a permit issued by the director.62033

       No person shall establish a new compost facility or continue 62034
to operate an existing compost facility that accepts exclusively 62035
source separated yard wastes without submitting a completed 62036
registration for the facility to the director in accordance with 62037
rules adopted under divisions (A) and (N)(3) of this section.62038

       This division does not apply to an infectious waste treatment 62039
facility that meets any of the following conditions:62040

       (1) Is owned or operated by the generator of the wastes and 62041
exclusively treats, by methods, techniques, and practices 62042
established by rules adopted under division (C)(1) or (3) of 62043
section 3734.021 of the Revised Code, wastes that are generated at 62044
any premises owned or operated by that generator regardless of 62045
whether the wastes are generated on the premises where the 62046
generator's treatment facility is located or, if the generator is 62047
a hospital as defined in section 3727.01 of the Revised Code, 62048
infectious wastes that are described in division (A)(1)(g), (h), 62049
or (i) of section 3734.021 of the Revised Code;62050

       (2) Holds a license or renewal of a license to operate a 62051
crematory facility issued under Chapter 4717. and a permit issued 62052
under Chapter 3704. of the Revised Code;62053

       (3) Treats or disposes of dead animals or parts thereof, or 62054
the blood of animals, and is subject to any of the following:62055

       (a) Inspection under the "Federal Meat Inspection Act," 81 62056
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;62057

       (b) Chapter 918. of the Revised Code;62058

       (c) Chapter 953. of the Revised Code.62059

       (D) Neither this chapter nor any rules adopted under it apply 62060
to single-family residential premises; to infectious wastes 62061
generated by individuals for purposes of their own care or 62062
treatment that are disposed of with solid wastes from the 62063
individual's residence; to the temporary storage of solid wastes, 62064
other than scrap tires, prior to their collection for disposal; to 62065
the storage of one hundred or fewer scrap tires unless they are 62066
stored in such a manner that, in the judgment of the director or 62067
the board of health of the health district in which the scrap 62068
tires are stored, the storage causes a nuisance, a hazard to 62069
public health or safety, or a fire hazard; or to the collection of 62070
solid wastes, other than scrap tires, by a political subdivision 62071
or a person holding a franchise or license from a political 62072
subdivision of the state; to composting, as defined in section 62073
1511.01 of the Revised Code, conducted in accordance with section 62074
1511.022 of the Revised Code; or to any person who is licensed to 62075
transport raw rendering material to a compost facility pursuant to 62076
section 953.23 of the Revised Code.62077

       (E)(1) As used in this division:62078

       (a) "On-site facility" means a facility that stores, treats, 62079
or disposes of hazardous waste that is generated on the premises 62080
of the facility.62081

       (b) "Off-site facility" means a facility that stores, treats, 62082
or disposes of hazardous waste that is generated off the premises 62083
of the facility and includes such a facility that is also an 62084
on-site facility.62085

       (c) "Satellite facility" means any of the following:62086

       (i) An on-site facility that also receives hazardous waste 62087
from other premises owned by the same person who generates the 62088
waste on the facility premises;62089

       (ii) An off-site facility operated so that all of the 62090
hazardous waste it receives is generated on one or more premises 62091
owned by the person who owns the facility;62092

       (iii) An on-site facility that also receives hazardous waste 62093
that is transported uninterruptedly and directly to the facility 62094
through a pipeline from a generator who is not the owner of the 62095
facility.62096

       (2) Except as provided in division (E)(3) of this section, no 62097
person shall establish or operate a hazardous waste facility, or 62098
use a solid waste facility for the storage, treatment, or disposal 62099
of any hazardous waste, without a hazardous waste facility 62100
installation and operation permit issued in accordance with 62101
section 3734.05 of the Revised Code and subject to the payment of 62102
an application fee not to exceed one thousand five hundred 62103
dollars, payable upon application for a hazardous waste facility 62104
installation and operation permit and upon application for a 62105
renewal permit issued under division (H) of section 3734.05 of the 62106
Revised Code, to be credited to the hazardous waste facility 62107
management fund created in section 3734.18 of the Revised Code. 62108
The term of a hazardous waste facility installation and operation 62109
permit shall not exceed ten years.62110

       In addition to the application fee, there is hereby levied an 62111
annual permit fee to be paid by the permit holder upon the 62112
anniversaries of the date of issuance of the hazardous waste 62113
facility installation and operation permit and of any subsequent 62114
renewal permits and to be credited to the hazardous waste facility 62115
management fund. Annual permit fees totaling forty thousand 62116
dollars or more for any one facility may be paid on a quarterly 62117
basis with the first quarterly payment each year being due on the 62118
anniversary of the date of issuance of the hazardous waste 62119
facility installation and operation permit and of any subsequent 62120
renewal permits. The annual permit fee shall be determined for 62121
each permit holder by the director in accordance with the 62122
following schedule:62123

TYPE OF BASIC 62124
MANAGEMENT UNIT TYPE OF FACILITY FEE 62125
Storage facility using: 62126
Containers On-site, off-site, and 62127
satellite $ 500 62128
Tanks On-site, off-site, and 62129
satellite 500 62130
Waste pile On-site, off-site, and 62131
satellite 3,000 62132
Surface impoundment On-site and satellite 8,000 62133
Off-site 10,000 62134
Disposal facility using: 62135
Deep well injection On-site and satellite 15,000 62136
Off-site 25,000 62137
Landfill On-site and satellite 25,000 62138
Off-site 40,000 62139
Land application On-site and satellite 2,500 62140
Off-site 5,000 62141
Surface impoundment On-site and satellite 10,000 62142
Off-site 20,000 62143
Treatment facility using: 62144
Tanks On-site, off-site, and 62145
satellite 700 62146
Surface impoundment On-site and satellite 8,000 62147
Off-site 10,000 62148
Incinerator On-site and satellite 5,000 62149
Off-site 10,000 62150
Other forms 62151
of treatment On-site, off-site, and 62152
satellite 1,000 62153

       A hazardous waste disposal facility that disposes of 62154
hazardous waste by deep well injection and that pays the annual 62155
permit fee established in section 6111.046 of the Revised Code is 62156
not subject to the permit fee established in this division for 62157
disposal facilities using deep well injection unless the director 62158
determines that the facility is not in compliance with applicable 62159
requirements established under this chapter and rules adopted 62160
under it.62161

       In determining the annual permit fee required by this 62162
section, the director shall not require additional payments for 62163
multiple units of the same method of storage, treatment, or 62164
disposal or for individual units that are used for both storage 62165
and treatment. A facility using more than one method of storage, 62166
treatment, or disposal shall pay the permit fee indicated by the 62167
schedule for each such method.62168

       The director shall not require the payment of that portion of 62169
an annual permit fee of any permit holder that would apply to a 62170
hazardous waste management unit for which a permit has been 62171
issued, but for which construction has not yet commenced. Once 62172
construction has commenced, the director shall require the payment 62173
of a part of the appropriate fee indicated by the schedule that 62174
bears the same relationship to the total fee that the number of 62175
days remaining until the next anniversary date at which payment of 62176
the annual permit fee is due bears to three hundred sixty-five.62177

       The director, by rules adopted in accordance with Chapters 62178
119. and 3745. of the Revised Code, shall prescribe procedures for 62179
collecting the annual permit fee established by this division and 62180
may prescribe other requirements necessary to carry out this 62181
division.62182

       (3) The prohibition against establishing or operating a 62183
hazardous waste facility without a hazardous waste facility 62184
installation and operation permit does not apply to either of the 62185
following:62186

       (a) A facility that is operating in accordance with a permit 62187
renewal issued under division (H) of section 3734.05 of the 62188
Revised Code, a revision issued under division (I) of that section 62189
as it existed prior to August 20, 1996, or a modification issued 62190
by the director under division (I) of that section on and after 62191
August 20, 1996;62192

       (b) Except as provided in division (J) of section 3734.05 of 62193
the Revised Code, a facility that will operate or is operating in 62194
accordance with a permit by rule, or that is not subject to permit 62195
requirements, under rules adopted by the director. In accordance 62196
with Chapter 119. of the Revised Code, the director shall adopt, 62197
and subsequently may amend, suspend, or rescind, rules for the 62198
purposes of division (E)(3)(b) of this section. Any rules so 62199
adopted shall be consistent with and equivalent to regulations 62200
pertaining to interim status adopted under the "Resource 62201
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 62202
6921, as amended, except as otherwise provided in this chapter.62203

       If a modification is requested or proposed for a facility 62204
described in division (E)(3)(a) or (b) of this section, division 62205
(I)(7) of section 3734.05 of the Revised Code applies.62206

       (F) No person shall store, treat, or dispose of hazardous 62207
waste identified or listed under this chapter and rules adopted 62208
under it, regardless of whether generated on or off the premises 62209
where the waste is stored, treated, or disposed of, or transport 62210
or cause to be transported any hazardous waste identified or 62211
listed under this chapter and rules adopted under it to any other 62212
premises, except at or to any of the following:62213

       (1) A hazardous waste facility operating under a permit 62214
issued in accordance with this chapter;62215

       (2) A facility in another state operating under a license or 62216
permit issued in accordance with the "Resource Conservation and 62217
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as 62218
amended;62219

       (3) A facility in another nation operating in accordance with 62220
the laws of that nation;62221

       (4) A facility holding a permit issued pursuant to Title I of 62222
the "Marine Protection, Research, and Sanctuaries Act of 1972," 86 62223
Stat. 1052, 33 U.S.C.A. 1401, as amended;62224

       (5) A hazardous waste facility as described in division 62225
(E)(3)(a) or (b) of this section.62226

       (G) The director, by order, may exempt any person generating, 62227
collecting, storing, treating, disposing of, or transporting solid 62228
wastes, infectious wastes, or hazardous waste, or processing solid 62229
wastes that consist of scrap tires, in such quantities or under 62230
such circumstances that, in the determination of the director, are 62231
unlikely to adversely affect the public health or safety or the 62232
environment from any requirement to obtain a registration 62233
certificate, permit, or license or comply with the manifest system 62234
or other requirements of this chapter. Such an exemption shall be 62235
consistent with and equivalent to any regulations adopted by the 62236
administrator of the United States environmental protection agency 62237
under the "Resource Conservation and Recovery Act of 1976," 90 62238
Stat. 2806, 42 U.S.C.A. 6921, as amended, except as otherwise 62239
provided in this chapter.62240

       (H) No person shall engage in filling, grading, excavating, 62241
building, drilling, or mining on land where a hazardous waste 62242
facility, or a solid waste facility, was operated without prior 62243
authorization from the director, who shall establish the procedure 62244
for granting such authorization by rules adopted in accordance 62245
with Chapter 119. of the Revised Code.62246

       A public utility that has main or distribution lines above or 62247
below the land surface located on an easement or right-of-way 62248
across land where a solid waste facility was operated may engage 62249
in any such activity within the easement or right-of-way without 62250
prior authorization from the director for purposes of performing 62251
emergency repair or emergency replacement of its lines; of the 62252
poles, towers, foundations, or other structures supporting or 62253
sustaining any such lines; or of the appurtenances to those 62254
structures, necessary to restore or maintain existing public 62255
utility service. A public utility may enter upon any such easement 62256
or right-of-way without prior authorization from the director for 62257
purposes of performing necessary or routine maintenance of those 62258
portions of its existing lines; of the existing poles, towers, 62259
foundations, or other structures sustaining or supporting its 62260
lines; or of the appurtenances to any such supporting or 62261
sustaining structure, located on or above the land surface on any 62262
such easement or right-of-way. Within twenty-four hours after 62263
commencing any such emergency repair, replacement, or maintenance 62264
work, the public utility shall notify the director or the 62265
director's authorized representative of those activities and shall 62266
provide such information regarding those activities as the 62267
director or the director's representative may request. Upon 62268
completion of the emergency repair, replacement, or maintenance 62269
activities, the public utility shall restore any land of the solid 62270
waste facility disturbed by those activities to the condition 62271
existing prior to the commencement of those activities.62272

       (I) No owner or operator of a hazardous waste facility, in 62273
the operation of the facility, shall cause, permit, or allow the 62274
emission therefrom of any particulate matter, dust, fumes, gas, 62275
mist, smoke, vapor, or odorous substance that, in the opinion of 62276
the director, unreasonably interferes with the comfortable 62277
enjoyment of life or property by persons living or working in the 62278
vicinity of the facility, or that is injurious to public health. 62279
Any such action is hereby declared to be a public nuisance.62280

       (J) Notwithstanding any other provision of this chapter, in 62281
the event the director finds an imminent and substantial danger to 62282
public health or safety or the environment that creates an 62283
emergency situation requiring the immediate treatment, storage, or 62284
disposal of hazardous waste, the director may issue a temporary 62285
emergency permit to allow the treatment, storage, or disposal of 62286
the hazardous waste at a facility that is not otherwise authorized 62287
by a hazardous waste facility installation and operation permit to 62288
treat, store, or dispose of the waste. The emergency permit shall 62289
not exceed ninety days in duration and shall not be renewed. The 62290
director shall adopt, and may amend, suspend, or rescind, rules in 62291
accordance with Chapter 119. of the Revised Code governing the 62292
issuance, modification, revocation, and denial of emergency 62293
permits.62294

       (K) No owner or operator of a sanitary landfill shall 62295
knowingly accept for disposal, or dispose of, any infectious 62296
wastes, other than those subject to division (A)(1)(c) of section 62297
3734.021 of the Revised Code, that have not been treated to render 62298
them noninfectious. For the purposes of this division, 62299
certification by the owner or operator of the treatment facility 62300
where the wastes were treated on the shipping paper required by 62301
rules adopted under division (D)(2) of that section creates a 62302
rebuttable presumption that the wastes have been so treated.62303

       (L) The director, in accordance with Chapter 119. of the 62304
Revised Code, shall adopt, and may amend, suspend, or rescind, 62305
rules having uniform application throughout the state establishing 62306
a training and certification program that shall be required for 62307
employees of boards of health who are responsible for enforcing 62308
the solid waste and infectious waste provisions of this chapter 62309
and rules adopted under them and for persons who are responsible 62310
for the operation of solid waste facilities or infectious waste 62311
treatment facilities. The rules shall provide all of the 62312
following, without limitation:62313

       (1) The program shall be administered by the director and 62314
shall consist of a course on new solid waste and infectious waste 62315
technologies, enforcement procedures, and rules;62316

       (2) The course shall be offered on an annual basis;62317

       (3) Those persons who are required to take the course under 62318
division (L) of this section shall do so triennially;62319

       (4) Persons who successfully complete the course shall be 62320
certified by the director;62321

       (5) Certification shall be required for all employees of 62322
boards of health who are responsible for enforcing the solid waste 62323
or infectious waste provisions of this chapter and rules adopted 62324
under them and for all persons who are responsible for the 62325
operation of solid waste facilities or infectious waste treatment 62326
facilities;62327

       (6)(a) All employees of a board of health who, on the 62328
effective date of the rules adopted under this division, are 62329
responsible for enforcing the solid waste or infectious waste 62330
provisions of this chapter and the rules adopted under them shall 62331
complete the course and be certified by the director not later 62332
than January 1, 1995;62333

       (b) All employees of a board of health who, after the 62334
effective date of the rules adopted under division (L) of this 62335
section, become responsible for enforcing the solid waste or 62336
infectious waste provisions of this chapter and rules adopted 62337
under them and who do not hold a current and valid certification 62338
from the director at that time shall complete the course and be 62339
certified by the director within two years after becoming 62340
responsible for performing those activities.62341

       No person shall fail to obtain the certification required 62342
under this division.62343

       (M) The director shall not issue a permit under section 62344
3734.05 of the Revised Code to establish a solid waste facility, 62345
or to modify a solid waste facility operating on December 21, 62346
1988, in a manner that expands the disposal capacity or geographic 62347
area covered by the facility, that is or is to be located within 62348
the boundaries of a state park established or dedicated under 62349
Chapter 1541. of the Revised Code, a state park purchase area 62350
established under section 1541.02 of the Revised Code, any unit of 62351
the national park system, or any property that lies within the 62352
boundaries of a national park or recreation area, but that has not 62353
been acquired or is not administered by the secretary of the 62354
United States department of the interior, located in this state, 62355
or any candidate area located in this state and identified for 62356
potential inclusion in the national park system in the edition of 62357
the "national park system plan" submitted under paragraph (b) of 62358
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16 62359
U.S.C.A. 1a-5, as amended, current at the time of filing of the 62360
application for the permit, unless the facility or proposed 62361
facility is or is to be used exclusively for the disposal of solid 62362
wastes generated within the park or recreation area and the 62363
director determines that the facility or proposed facility will 62364
not degrade any of the natural or cultural resources of the park 62365
or recreation area. The director shall not issue a variance under 62366
division (A) of this section and rules adopted under it, or issue 62367
an exemption order under division (G) of this section, that would 62368
authorize any such establishment or expansion of a solid waste 62369
facility within the boundaries of any such park or recreation 62370
area, state park purchase area, or candidate area, other than a 62371
solid waste facility exclusively for the disposal of solid wastes 62372
generated within the park or recreation area when the director 62373
determines that the facility will not degrade any of the natural 62374
or cultural resources of the park or recreation area.62375

       (N)(1) The rules adopted under division (A) of this section, 62376
other than those governing variances, do not apply to scrap tire 62377
collection, storage, monocell, monofill, and recovery facilities. 62378
Those facilities are subject to and governed by rules adopted 62379
under sections 3734.70 to 3734.73 of the Revised Code, as 62380
applicable.62381

       (2) Division (C) of this section does not apply to scrap tire 62382
collection, storage, monocell, monofill, and recovery facilities. 62383
The establishment and modification of those facilities are subject 62384
to sections 3734.75 to 3734.78 and section 3734.81 of the Revised 62385
Code, as applicable.62386

       (3) The director may adopt, amend, suspend, or rescind rules 62387
under division (A) of this section creating an alternative system 62388
for authorizing the establishment, operation, or modification of a 62389
solid waste compost facility in lieu of the requirement that a 62390
person seeking to establish, operate, or modify a solid waste 62391
compost facility apply for and receive a permit under division (C) 62392
of this section and section 3734.05 of the Revised Code and a 62393
license under division (A)(1) of that section. The rules may 62394
include requirements governing, without limitation, the 62395
classification of solid waste compost facilities, the submittal of 62396
operating records for solid waste compost facilities, and the 62397
creation of a registration or notification system in lieu of the 62398
issuance of permits and licenses for solid waste compost 62399
facilities. The rules shall specify the applicability of divisions 62400
(A)(1), (2)(a), (3), and (4) of section 3734.05 of the Revised 62401
Code to a solid waste compost facility.62402

       Sec. 3734.05.  (A)(1) Except as provided in divisions (A)(4), 62403
(8), and (9) of this section, no person shall operate or maintain 62404
a solid waste facility without a license issued under this 62405
division by the board of health of the health district in which 62406
the facility is located or by the director of environmental 62407
protection when the health district in which the facility is 62408
located is not on the approved list under section 3734.08 of the 62409
Revised Code.62410

       During the month of December, but before the first day of 62411
January of the next year, every person proposing to continue to 62412
operate an existing solid waste facility shall procure a license 62413
under this division to operate the facility for that year from the 62414
board of health of the health district in which the facility is 62415
located or, if the health district is not on the approved list 62416
under section 3734.08 of the Revised Code, from the director. The 62417
application for such a license shall be submitted to the board of 62418
health or to the director, as appropriate, on or before the last 62419
day of September of the year preceding that for which the license 62420
is sought. In addition to the application fee prescribed in 62421
division (A)(2) of this section, a person who submits an 62422
application after that date shall pay an additional ten per cent 62423
of the amount of the application fee for each week that the 62424
application is late. Late payment fees accompanying an application 62425
submitted to the board of health shall be credited to the special 62426
fund of the health district created in division (B) of section 62427
3734.06 of the Revised Code, and late payment fees accompanying an 62428
application submitted to the director shall be credited to the 62429
general revenue fund. A person who has received a license, upon 62430
sale or disposition of a solid waste facility, and upon consent of 62431
the board of health and the director, may have the license 62432
transferred to another person. The board of health or the director 62433
may include such terms and conditions in a license or revision to 62434
a license as are appropriate to ensure compliance with this 62435
chapter and rules adopted under it. The terms and conditions may 62436
establish the authorized maximum daily waste receipts for the 62437
facility. Limitations on maximum daily waste receipts shall be 62438
specified in cubic yards of volume for the purpose of regulating 62439
the design, construction, and operation of solid waste facilities. 62440
Terms and conditions included in a license or revision to a 62441
license by a board of health shall be consistent with, and pertain 62442
only to the subjects addressed in, the rules adopted under 62443
division (A) of section 3734.02 and division (D) of section 62444
3734.12 of the Revised Code.62445

       (2)(a) Except as provided in divisions (A)(2)(b), (8), and 62446
(9) of this section, each person proposing to open a new solid 62447
waste facility or to modify an existing solid waste facility shall 62448
submit an application for a permit with accompanying detail plans 62449
and specifications to the environmental protection agency for 62450
required approval under the rules adopted by the director pursuant 62451
to division (A) of section 3734.02 of the Revised Code and 62452
applicable rules adopted under division (D) of section 3734.12 of 62453
the Revised Code at least two hundred seventy days before proposed 62454
operation of the facility and shall concurrently make application 62455
for the issuance of a license under division (A)(1) of this 62456
section with the board of health of the health district in which 62457
the proposed facility is to be located.62458

       (b) On and after the effective date of the rules adopted 62459
under division (A) of section 3734.02 of the Revised Code and 62460
division (D) of section 3734.12 of the Revised Code governing 62461
solid waste transfer facilities, each person proposing to open a 62462
new solid waste transfer facility or to modify an existing solid 62463
waste transfer facility shall submit an application for a permit 62464
with accompanying engineering detail plans, specifications, and 62465
information regarding the facility and its method of operation to 62466
the environmental protection agency for required approval under 62467
those rules at least two hundred seventy days before commencing 62468
proposed operation of the facility and concurrently shall make 62469
application for the issuance of a license under division (A)(1) of 62470
this section with the board of health of the health district in 62471
which the facility is located or proposed.62472

       (c) Each application for a permit under division (A)(2)(a) or 62473
(b) of this section shall be accompanied by a nonrefundable 62474
application fee of four hundred dollars that shall be credited to 62475
the general revenue fund. Each application for an annual license 62476
under division (A)(1) or (2) of this section shall be accompanied 62477
by a nonrefundable application fee of one hundred dollars. If the 62478
application for an annual license is submitted to a board of 62479
health on the approved list under section 3734.08 of the Revised 62480
Code, the application fee shall be credited to the special fund of 62481
the health district created in division (B) of section 3734.06 of 62482
the Revised Code. If the application for an annual license is 62483
submitted to the director, the application fee shall be credited 62484
to the general revenue fund. If a permit or license is issued, the 62485
amount of the application fee paid shall be deducted from the 62486
amount of the permit fee due under division (Q) of section 3745.11 62487
of the Revised Code or the amount of the license fee due under 62488
division (A)(1), (2), (3), or (4), or (5) of section 3734.06 of 62489
the Revised Code.62490

       (d) As used in divisions (A)(2)(d), (e), and (f) of this 62491
section, "modify" means any of the following:62492

       (i) Any increase of more than ten per cent in the total 62493
capacity of a solid waste facility;62494

       (ii) Any expansion of the limits of solid waste placement at 62495
a solid waste facility;62496

       (iii) Any increase in the depth of excavation at a solid 62497
waste facility;62498

       (iv) Any change in the technique of waste receipt or type of 62499
waste received at a solid waste facility that may endanger human 62500
health, as determined by the director by rules adopted in 62501
accordance with Chapter 119. of the Revised Code.62502

       Not later than thirty-fiveforty-five days after submitting 62503
an application under division (A)(2)(a) or (b) of this section for 62504
a permit to open a new or modify an existing solid waste facility, 62505
the applicant, in conjunction with an officer or employee of the 62506
environmental protection agency, shall hold a public meeting on 62507
the application within the county in which the new or modified 62508
solid waste facility is or is proposed to be located or within a 62509
contiguous county. Not less than thirty days before holding the 62510
public meeting on the application, the applicant shall publish 62511
notice of the meeting in each newspaper of general circulation 62512
that is published in the county in which the facility is or is 62513
proposed to be located. If no newspaper of general circulation is 62514
published in the county, the applicant shall publish the notice in 62515
a newspaper of general circulation in the county. The notice shall 62516
contain the date, time, and location of the public meeting and a 62517
general description of the proposed new or modified facility. Not 62518
later than five days after publishing the notice, the applicant 62519
shall send by certified mail a copy of the notice and the date the 62520
notice was published to the director and the legislative authority 62521
of each municipal corporation, township, and county, and to the 62522
chief executive officer of each municipal corporation, in which 62523
the facility is or is proposed to be located. At the public 62524
meeting, the applicant shall provide information and describe the 62525
application and respond to comments or questions concerning the 62526
application, and the officer or employee of the agency shall 62527
describe the permit application process. At the public meeting, 62528
any person may submit written or oral comments on or objections to 62529
the application. Not more than thirty days after the public 62530
meeting, the applicant shall provide the director with a copy of a 62531
transcript of the full meeting, copies of any exhibits, displays, 62532
or other materials presented by the applicant at the meeting, and 62533
the original copy of any written comments submitted at the 62534
meeting.62535

       (e) Except as provided in division (A)(2)(f) of this section, 62536
prior to taking an action, other than a proposed or final denial, 62537
upon an application submitted under division (A)(2)(a) of this 62538
section for a permit to open a new or modify an existing solid 62539
waste facility, the director shall hold a public information 62540
session and a public hearing on the application within the county 62541
in which the new or modified solid waste facility is or is 62542
proposed to be located or within a contiguous county. If the 62543
application is for a permit to open a new solid waste facility, 62544
the director shall hold the hearing not less than fourteen days 62545
after the information session. If the application is for a permit 62546
to modify an existing solid waste facility, the director may hold 62547
both the information session and the hearing on the same day 62548
unless any individual affected by the application requests in 62549
writing that the information session and the hearing not be held 62550
on the same day, in which case the director shall hold the hearing 62551
not less than fourteen days after the information session. The 62552
director shall publish notice of the public information session or 62553
public hearing not less than thirty days before holding the 62554
information session or hearing, as applicable. The notice shall be 62555
published in each newspaper of general circulation that is 62556
published in the county in which the facility is or is proposed to 62557
be located. If no newspaper of general circulation is published in 62558
the county, the director shall publish the notice in a newspaper 62559
of general circulation in the county. The notice shall contain the 62560
date, time, and location of the information session or hearing, as 62561
applicable, and a general description of the proposed new or 62562
modified facility. At the public information session, an officer 62563
or employee of the environmental protection agency shall describe 62564
the status of the permit application and be available to respond 62565
to comments or questions concerning the application. At the public 62566
hearing, any person may submit written or oral comments on or 62567
objections to the approval of the application. The applicant, or a 62568
representative of the applicant who has knowledge of the location, 62569
construction, and operation of the facility, shall attend the 62570
information session and public hearing to respond to comments or 62571
questions concerning the facility directed to the applicant or 62572
representative by the officer or employee of the environmental 62573
protection agency presiding at the information session and 62574
hearing.62575

       (f) The solid waste management policy committee of a county 62576
or joint solid waste management district may adopt a resolution 62577
requesting expeditious consideration of a specific application 62578
submitted under division (A)(2)(a) of this section for a permit to 62579
modify an existing solid waste facility within the district. The 62580
resolution shall make the finding that expedited consideration of 62581
the application without the public information session and public 62582
hearing under division (A)(2)(e) of this section is in the public 62583
interest and will not endanger human health, as determined by the 62584
director by rules adopted in accordance with Chapter 119. of the 62585
Revised Code. Upon receiving such a resolution, the director, at 62586
the director's discretion, may issue a final action upon the 62587
application without holding a public information session or public 62588
hearing pursuant to division (A)(2)(e) of this section.62589

       (3) Except as provided in division (A)(10) of this section, 62590
and unless the owner or operator of any solid waste facility, 62591
other than a solid waste transfer facility or a compost facility 62592
that accepts exclusively source separated yard wastes, that 62593
commenced operation on or before July 1, 1968, has obtained an 62594
exemption from the requirements of division (A)(3) of this section 62595
in accordance with division (G) of section 3734.02 of the Revised 62596
Code, the owner or operator shall submit to the director an 62597
application for a permit with accompanying engineering detail 62598
plans, specifications, and information regarding the facility and 62599
its method of operation for approval under rules adopted under 62600
division (A) of section 3734.02 of the Revised Code and applicable 62601
rules adopted under division (D) of section 3734.12 of the Revised 62602
Code in accordance with the following schedule:62603

       (a) Not later than September 24, 1988, if the facility is 62604
located in the city of Garfield Heights or Parma in Cuyahoga 62605
county;62606

       (b) Not later than December 24, 1988, if the facility is 62607
located in Delaware, Greene, Guernsey, Hamilton, Madison, 62608
Mahoning, Ottawa, or Vinton county;62609

       (c) Not later than March 24, 1989, if the facility is located 62610
in Champaign, Clinton, Columbiana, Huron, Paulding, Stark, or 62611
Washington county, or is located in the city of Brooklyn or 62612
Cuyahoga Heights in Cuyahoga county;62613

       (d) Not later than June 24, 1989, if the facility is located 62614
in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, Lucas, or 62615
Summit county or is located in Cuyahoga county outside the cities 62616
of Garfield Heights, Parma, Brooklyn, and Cuyahoga Heights;62617

       (e) Not later than September 24, 1989, if the facility is 62618
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross 62619
county;62620

       (f) Not later than December 24, 1989, if the facility is 62621
located in a county not listed in divisions (A)(3)(a) to (e) of 62622
this section;62623

       (g) Notwithstanding divisions (A)(3)(a) to (f) of this 62624
section, not later than December 31, 1990, if the facility is a 62625
solid waste facility owned by a generator of solid wastes when the 62626
solid waste facility exclusively disposes of solid wastes 62627
generated at one or more premises owned by the generator 62628
regardless of whether the facility is located on a premises where 62629
the wastes are generated and if the facility disposes of more than 62630
one hundred thousand tons of solid wastes per year, provided that 62631
any such facility shall be subject to division (A)(5) of this 62632
section.62633

       (4) Except as provided in divisions (A)(8), (9), and (10) of 62634
this section, unless the owner or operator of any solid waste 62635
facility for which a permit was issued after July 1, 1968, but 62636
before January 1, 1980, has obtained an exemption from the 62637
requirements of division (A)(4) of this section under division (G) 62638
of section 3734.02 of the Revised Code, the owner or operator 62639
shall submit to the director an application for a permit with 62640
accompanying engineering detail plans, specifications, and 62641
information regarding the facility and its method of operation for 62642
approval under those rules.62643

       (5) The director may issue an order in accordance with 62644
Chapter 3745. of the Revised Code to the owner or operator of a 62645
solid waste facility requiring the person to submit to the 62646
director updated engineering detail plans, specifications, and 62647
information regarding the facility and its method of operation for 62648
approval under rules adopted under division (A) of section 3734.02 62649
of the Revised Code and applicable rules adopted under division 62650
(D) of section 3734.12 of the Revised Code if, in the director's 62651
judgment, conditions at the facility constitute a substantial 62652
threat to public health or safety or are causing or contributing 62653
to or threatening to cause or contribute to air or water pollution 62654
or soil contamination. Any person who receives such an order shall 62655
submit the updated engineering detail plans, specifications, and 62656
information to the director within one hundred eighty days after 62657
the effective date of the order.62658

       (6) The director shall act upon an application submitted 62659
under division (A)(3) or (4) of this section and any updated 62660
engineering plans, specifications, and information submitted under 62661
division (A)(5) of this section within one hundred eighty days 62662
after receiving them. If the director denies any such permit 62663
application, the order denying the application or disapproving the 62664
plans shall include the requirements that the owner or operator 62665
submit a plan for closure and post-closure care of the facility to 62666
the director for approval within six months after issuance of the 62667
order, cease accepting solid wastes for disposal or transfer at 62668
the facility, and commence closure of the facility not later than 62669
one year after issuance of the order. If the director determines 62670
that closure of the facility within that one-year period would 62671
result in the unavailability of sufficient solid waste management 62672
facility capacity within the county or joint solid waste 62673
management district in which the facility is located to dispose of 62674
or transfer the solid waste generated within the district, the 62675
director in the order of denial or disapproval may postpone 62676
commencement of closure of the facility for such period of time as 62677
the director finds necessary for the board of county commissioners 62678
or directors of the district to secure access to or for there to 62679
be constructed within the district sufficient solid waste 62680
management facility capacity to meet the needs of the district, 62681
provided that the director shall certify in the director's order 62682
that postponing the date for commencement of closure will not 62683
endanger ground water or any property surrounding the facility, 62684
allow methane gas migration to occur, or cause or contribute to 62685
any other type of environmental damage.62686

       If an emergency need for disposal capacity that may affect 62687
public health and safety exists as a result of closure of a 62688
facility under division (A)(6) of this section, the director may 62689
issue an order designating another solid waste facility to accept 62690
the wastes that would have been disposed of at the facility to be 62691
closed.62692

       (7) If the director determines that standards more stringent 62693
than those applicable in rules adopted under division (A) of 62694
section 3734.02 of the Revised Code and division (D) of section 62695
3734.12 of the Revised Code, or standards pertaining to subjects 62696
not specifically addressed by those rules, are necessary to ensure 62697
that a solid waste facility constructed at the proposed location 62698
will not cause a nuisance, cause or contribute to water pollution, 62699
or endanger public health or safety, the director may issue a 62700
permit for the facility with such terms and conditions as the 62701
director finds necessary to protect public health and safety and 62702
the environment. If a permit is issued, the director shall state 62703
in the order issuing it the specific findings supporting each such 62704
term or condition.62705

       (8) Divisions (A)(1), (2)(a), (3), and (4) of this section do 62706
not apply to a solid waste compost facility that accepts 62707
exclusively source separated yard wastes and that is registered 62708
under division (C) of section 3734.02 of the Revised Code or, 62709
unless otherwise provided in rules adopted under division (N)(3) 62710
of section 3734.02 of the Revised Code, to a solid waste compost 62711
facility if the director has adopted rules establishing an 62712
alternative system for authorizing the establishment, operation, 62713
or modification of a solid waste compost facility under that 62714
division.62715

       (9) Divisions (A)(1) to (7) of this section do not apply to 62716
scrap tire collection, storage, monocell, monofill, and recovery 62717
facilities. The approval of plans and specifications, as 62718
applicable, and the issuance of registration certificates, 62719
permits, and licenses for those facilities are subject to sections 62720
3734.75 to 3734.78 of the Revised Code, as applicable, and section 62721
3734.81 of the Revised Code.62722

       (10) Divisions (A)(3) and (4) of this section do not apply to 62723
a solid waste incinerator that was placed into operation on or 62724
before October 12, 1994, and that is not authorized to accept and 62725
treat infectious wastes pursuant to division (B) of this section.62726

       (B)(1) Each person who is engaged in the business of treating 62727
infectious wastes for profit at a treatment facility located off 62728
the premises where the wastes are generated that is in operation 62729
on August 10, 1988, and who proposes to continue operating the 62730
facility shall submit to the board of health of the health 62731
district in which the facility is located an application for a 62732
license to operate the facility.62733

       Thereafter, no person shall operate or maintain an infectious 62734
waste treatment facility without a license issued by the board of 62735
health of the health district in which the facility is located or 62736
by the director when the health district in which the facility is 62737
located is not on the approved list under section 3734.08 of the 62738
Revised Code.62739

       (2)(a) During the month of December, but before the first day 62740
of January of the next year, every person proposing to continue to 62741
operate an existing infectious waste treatment facility shall 62742
procure a license to operate the facility for that year from the 62743
board of health of the health district in which the facility is 62744
located or, if the health district is not on the approved list 62745
under section 3734.08 of the Revised Code, from the director. The 62746
application for such a license shall be submitted to the board of 62747
health or to the director, as appropriate, on or before the last 62748
day of September of the year preceding that for which the license 62749
is sought. In addition to the application fee prescribed in 62750
division (B)(2)(c) of this section, a person who submits an 62751
application after that date shall pay an additional ten per cent 62752
of the amount of the application fee for each week that the 62753
application is late. Late payment fees accompanying an application 62754
submitted to the board of health shall be credited to the special 62755
infectious waste fund of the health district created in division 62756
(C) of section 3734.06 of the Revised Code, and late payment fees 62757
accompanying an application submitted to the director shall be 62758
credited to the general revenue fund. A person who has received a 62759
license, upon sale or disposition of an infectious waste treatment 62760
facility and upon consent of the board of health and the director, 62761
may have the license transferred to another person. The board of 62762
health or the director may include such terms and conditions in a 62763
license or revision to a license as are appropriate to ensure 62764
compliance with the infectious waste provisions of this chapter 62765
and rules adopted under them.62766

       (b) Each person proposing to open a new infectious waste 62767
treatment facility or to modify an existing infectious waste 62768
treatment facility shall submit an application for a permit with 62769
accompanying detail plans and specifications to the environmental 62770
protection agency for required approval under the rules adopted by 62771
the director pursuant to section 3734.021 of the Revised Code two 62772
hundred seventy days before proposed operation of the facility and 62773
concurrently shall make application for a license with the board 62774
of health of the health district in which the facility is or is 62775
proposed to be located. Not later than ninety days after receiving 62776
a completed application under division (B)(2)(b) of this section 62777
for a permit to open a new infectious waste treatment facility or 62778
modify an existing infectious waste treatment facility to expand 62779
its treatment capacity, or receiving a completed application under 62780
division (A)(2)(a) of this section for a permit to open a new 62781
solid waste incineration facility, or modify an existing solid 62782
waste incineration facility to also treat infectious wastes or to 62783
increase its infectious waste treatment capacity, that pertains to 62784
a facility for which a notation authorizing infectious waste 62785
treatment is included or proposed to be included in the solid 62786
waste incineration facility's license pursuant to division (B)(3) 62787
of this section, the director shall hold a public hearing on the 62788
application within the county in which the new or modified 62789
infectious waste or solid waste facility is or is proposed to be 62790
located or within a contiguous county. Not less than thirty days 62791
before holding the public hearing on the application, the director 62792
shall publish notice of the hearing in each newspaper that has 62793
general circulation and that is published in the county in which 62794
the facility is or is proposed to be located. If there is no 62795
newspaper that has general circulation and that is published in 62796
the county, the director shall publish the notice in a newspaper 62797
of general circulation in the county. The notice shall contain the 62798
date, time, and location of the public hearing and a general 62799
description of the proposed new or modified facility. At the 62800
public hearing, any person may submit written or oral comments on 62801
or objections to the approval or disapproval of the application. 62802
The applicant, or a representative of the applicant who has 62803
knowledge of the location, construction, and operation of the 62804
facility, shall attend the public hearing to respond to comments 62805
or questions concerning the facility directed to the applicant or 62806
representative by the officer or employee of the environmental 62807
protection agency presiding at the hearing.62808

       (c) Each application for a permit under division (B)(2)(b) of 62809
this section shall be accompanied by a nonrefundable application 62810
fee of four hundred dollars that shall be credited to the general 62811
revenue fund. Each application for an annual license under 62812
division (B)(2)(a) of this section shall be accompanied by a 62813
nonrefundable application fee of one hundred dollars. If the 62814
application for an annual license is submitted to a board of 62815
health on the approved list under section 3734.08 of the Revised 62816
Code, the application fee shall be credited to the special 62817
infectious waste fund of the health district created in division 62818
(C) of section 3734.06 of the Revised Code. If the application for 62819
an annual license is submitted to the director, the application 62820
fee shall be credited to the general revenue fund. If a permit or 62821
license is issued, the amount of the application fee paid shall be 62822
deducted from the amount of the permit fee due under division (Q) 62823
of section 3745.11 of the Revised Code or the amount of the 62824
license fee due under division (C) of section 3734.06 of the 62825
Revised Code.62826

       (d) The owner or operator of any infectious waste treatment 62827
facility that commenced operation on or before July 1, 1968, shall 62828
submit to the director an application for a permit with 62829
accompanying engineering detail plans, specifications, and 62830
information regarding the facility and its method of operation for 62831
approval under rules adopted under section 3734.021 of the Revised 62832
Code in accordance with the following schedule:62833

       (i) Not later than December 24, 1988, if the facility is 62834
located in Delaware, Greene, Guernsey, Hamilton, Madison, 62835
Mahoning, Ottawa, or Vinton county;62836

       (ii) Not later than March 24, 1989, if the facility is 62837
located in Champaign, Clinton, Columbiana, Huron, Paulding, Stark, 62838
or Washington county, or is located in the city of Brooklyn, 62839
Cuyahoga Heights, or Parma in Cuyahoga county;62840

       (iii) Not later than June 24, 1989, if the facility is 62841
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, 62842
Lucas, or Summit county or is located in Cuyahoga county outside 62843
the cities of Brooklyn, Cuyahoga Heights, and Parma;62844

       (iv) Not later than September 24, 1989, if the facility is 62845
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross 62846
county;62847

       (v) Not later than December 24, 1989, if the facility is 62848
located in a county not listed in divisions (B)(2)(d)(i) to (iv) 62849
of this section.62850

       The owner or operator of an infectious waste treatment 62851
facility required to submit a permit application under division 62852
(B)(2)(d) of this section is not required to pay any permit 62853
application fee under division (B)(2)(c) of this section, or 62854
permit fee under division (Q) of section 3745.11 of the Revised 62855
Code, with respect thereto unless the owner or operator also 62856
proposes to modify the facility.62857

       (e) The director may issue an order in accordance with 62858
Chapter 3745. of the Revised Code to the owner or operator of an 62859
infectious waste treatment facility requiring the person to submit 62860
to the director updated engineering detail plans, specifications, 62861
and information regarding the facility and its method of operation 62862
for approval under rules adopted under section 3734.021 of the 62863
Revised Code if, in the director's judgment, conditions at the 62864
facility constitute a substantial threat to public health or 62865
safety or are causing or contributing to or threatening to cause 62866
or contribute to air or water pollution or soil contamination. Any 62867
person who receives such an order shall submit the updated 62868
engineering detail plans, specifications, and information to the 62869
director within one hundred eighty days after the effective date 62870
of the order.62871

       (f) The director shall act upon an application submitted 62872
under division (B)(2)(d) of this section and any updated 62873
engineering plans, specifications, and information submitted under 62874
division (B)(2)(e) of this section within one hundred eighty days 62875
after receiving them. If the director denies any such permit 62876
application or disapproves any such updated engineering plans, 62877
specifications, and information, the director shall include in the 62878
order denying the application or disapproving the plans the 62879
requirement that the owner or operator cease accepting infectious 62880
wastes for treatment at the facility.62881

       (3) Division (B) of this section does not apply to an 62882
infectious waste treatment facility that meets any of the 62883
following conditions:62884

       (a) Is owned or operated by the generator of the wastes and 62885
exclusively treats, by methods, techniques, and practices 62886
established by rules adopted under division (C)(1) or (3) of 62887
section 3734.021 of the Revised Code, wastes that are generated at 62888
any premises owned or operated by that generator regardless of 62889
whether the wastes are generated on the same premises where the 62890
generator's treatment facility is located or, if the generator is 62891
a hospital as defined in section 3727.01 of the Revised Code, 62892
infectious wastes that are described in division (A)(1)(g), (h), 62893
or (i) of section 3734.021 of the Revised Code;62894

       (b) Holds a license or renewal of a license to operate a 62895
crematory facility issued under Chapter 4717. and a permit issued 62896
under Chapter 3704. of the Revised Code;62897

       (c) Treats or disposes of dead animals or parts thereof, or 62898
the blood of animals, and is subject to any of the following:62899

       (i) Inspection under the "Federal Meat Inspection Act," 81 62900
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;62901

       (ii) Chapter 918. of the Revised Code;62902

       (iii) Chapter 953. of the Revised Code.62903

       Nothing in division (B) of this section requires a facility 62904
that holds a license issued under division (A) of this section as 62905
a solid waste facility and that also treats infectious wastes by 62906
the same method, technique, or process to obtain a license under 62907
division (B) of this section as an infectious waste treatment 62908
facility. However, the solid waste facility license for the 62909
facility shall include the notation that the facility also treats 62910
infectious wastes.62911

       On and after the effective date of the amendments to the 62912
rules adopted under division (C)(2) of section 3734.021 of the 62913
Revised Code that are required by Section 6 of Substitute House 62914
Bill No. 98 of the 120th General Assembly, the director shall not 62915
issue a permit to open a new solid waste incineration facility 62916
unless the proposed facility complies with the requirements for 62917
the location of new infectious waste incineration facilities 62918
established in the required amendments to those rules.62919

       (C) Except for a facility or activity described in division 62920
(E)(3) of section 3734.02 of the Revised Code, a person who 62921
proposes to establish or operate a hazardous waste facility shall 62922
submit a complete application for a hazardous waste facility 62923
installation and operation permit and accompanying detail plans, 62924
specifications, and such information as the director may require 62925
to the environmental protection agency at least one hundred eighty 62926
days before the proposed beginning of operation of the facility. 62927
The applicant shall notify by certified mail the legislative 62928
authority of each municipal corporation, township, and county in 62929
which the facility is proposed to be located of the submission of 62930
the application within ten days after the submission or at such 62931
earlier time as the director may establish by rule. If the 62932
application is for a proposed new hazardous waste disposal or 62933
thermal treatment facility, the applicant also shall give actual 62934
notice of the general design and purpose of the facility to the 62935
legislative authority of each municipal corporation, township, and 62936
county in which the facility is proposed to be located at least 62937
ninety days before the permit application is submitted to the 62938
environmental protection agency.62939

       In accordance with rules adopted under section 3734.12 of the 62940
Revised Code, prior to the submission of a complete application 62941
for a hazardous waste facility installation and operation permit, 62942
the applicant shall hold at least one meeting in the township or 62943
municipal corporation in which the facility is proposed to be 62944
located, whichever is geographically closer to the proposed 62945
location of the facility. The meeting shall be open to the public 62946
and shall be held to inform the community of the proposed 62947
hazardous waste management activities and to solicit questions 62948
from the community concerning the activities.62949

       (D)(1) Except as provided in section 3734.123 of the Revised 62950
Code, upon receipt of a complete application for a hazardous waste 62951
facility installation and operation permit under division (C) of 62952
this section, the director shall consider the application and 62953
accompanying information to determine whether the application 62954
complies with agency rules and the requirements of division (D)(2) 62955
of this section. After making a determination, the director shall 62956
issue either a draft permit or a notice of intent to deny the 62957
permit. The director, in accordance with rules adopted under 62958
section 3734.12 of the Revised Code or with rules adopted to 62959
implement Chapter 3745. of the Revised Code, shall provide public 62960
notice of the application and the draft permit or the notice of 62961
intent to deny the permit, provide an opportunity for public 62962
comments, and, if significant interest is shown, schedule a public 62963
meeting in the county in which the facility is proposed to be 62964
located and give public notice of the date, time, and location of 62965
the public meeting in a newspaper of general circulation in that 62966
county.62967

       (2) The director shall not approve an application for a 62968
hazardous waste facility installation and operation permit or an 62969
application for a modification under division (I)(3) of this 62970
section unless the director finds and determines as follows:62971

       (a) The nature and volume of the waste to be treated, stored, 62972
or disposed of at the facility;62973

       (b) That the facility complies with the director's hazardous 62974
waste standards adopted pursuant to section 3734.12 of the Revised 62975
Code;62976

       (c) That the facility represents the minimum adverse 62977
environmental impact, considering the state of available 62978
technology and the nature and economics of various alternatives, 62979
and other pertinent considerations;62980

       (d) That the facility represents the minimum risk of all of 62981
the following:62982

       (i) Fires or explosions from treatment, storage, or disposal 62983
methods;62984

        (ii) Release of hazardous waste during transportation of 62985
hazardous waste to or from the facility;62986

        (iii) Adverse impact on the public health and safety.62987

       (e) That the facility will comply with this chapter and 62988
Chapters 3704. and 6111. of the Revised Code and all rules and 62989
standards adopted under them;62990

       (f) That if the owner of the facility, the operator of the 62991
facility, or any other person in a position with the facility from 62992
which the person may influence the installation and operation of 62993
the facility has been involved in any prior activity involving 62994
transportation, treatment, storage, or disposal of hazardous 62995
waste, that person has a history of compliance with this chapter 62996
and Chapters 3704. and 6111. of the Revised Code and all rules and 62997
standards adopted under them, the "Resource Conservation and 62998
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as 62999
amended, and all regulations adopted under it, and similar laws 63000
and rules of other states if any such prior operation was located 63001
in another state that demonstrates sufficient reliability, 63002
expertise, and competency to operate a hazardous waste facility 63003
under the applicable provisions of this chapter and Chapters 3704. 63004
and 6111. of the Revised Code, the applicable rules and standards 63005
adopted under them, and terms and conditions of a hazardous waste 63006
facility installation and operation permit, given the potential 63007
for harm to the public health and safety and the environment that 63008
could result from the irresponsible operation of the facility. For 63009
off-site facilities, as defined in section 3734.41 of the Revised 63010
Code, the director may use the investigative reports of the 63011
attorney general prepared pursuant to section 3734.42 of the 63012
Revised Code as a basis for making a finding and determination 63013
under division (D)(2)(f) of this section.63014

       (g) That the active areas within a new hazardous waste 63015
facility where acute hazardous waste as listed in 40 C.F.R. 261.33 63016
(e), as amended, or organic waste that is toxic and is listed 63017
under 40 C.F.R. 261, as amended, is being stored, treated, or 63018
disposed of and where the aggregate of the storage design capacity 63019
and the disposal design capacity of all hazardous waste in those 63020
areas is greater than two hundred fifty thousand gallons, are not 63021
located or operated within any of the following:63022

       (i) Two thousand feet of any residence, school, hospital, 63023
jail, or prison;63024

       (ii) Any naturally occurring wetland;63025

       (iii) Any flood hazard area if the applicant cannot show that 63026
the facility will be designed, constructed, operated, and 63027
maintained to prevent washout by a one-hundred-year flood.63028

       Division (D)(2)(g) of this section does not apply to the 63029
facility of any applicant who demonstrates to the director that 63030
the limitations specified in that division are not necessary 63031
because of the nature or volume of the waste and the manner of 63032
management applied, the facility will impose no substantial danger 63033
to the health and safety of persons occupying the structures 63034
listed in division (D)(2)(g)(i) of this section, and the facility 63035
is to be located or operated in an area where the proposed 63036
hazardous waste activities will not be incompatible with existing 63037
land uses in the area.63038

       (h) That the facility will not be located within the 63039
boundaries of a state park established or dedicated under Chapter 63040
1541. of the Revised Code, a state park purchase area established 63041
under section 1541.02 of the Revised Code, any unit of the 63042
national park system, or any property that lies within the 63043
boundaries of a national park or recreation area, but that has not 63044
been acquired or is not administered by the secretary of the 63045
United States department of the interior, located in this state, 63046
or any candidate area located in this state identified for 63047
potential inclusion in the national park system in the edition of 63048
the "national park system plan" submitted under paragraph (b) of 63049
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16 63050
U.S.C.A. 1a-5, as amended, current at the time of filing of the 63051
application for the permit, unless the facility will be used 63052
exclusively for the storage of hazardous waste generated within 63053
the park or recreation area in conjunction with the operation of 63054
the park or recreation area. Division (D)(2)(h) of this section 63055
does not apply to the facility of any applicant for modification 63056
of a permit unless the modification application proposes to 63057
increase the land area included in the facility or to increase the 63058
quantity of hazardous waste that will be treated, stored, or 63059
disposed of at the facility.63060

       (3) Not later than one hundred eighty days after the end of 63061
the public comment period, the director, without prior hearing, 63062
shall issue or deny the permit in accordance with Chapter 3745. of 63063
the Revised Code. If the director approves an application for a 63064
hazardous waste facility installation and operation permit, the 63065
director shall issue the permit, upon such terms and conditions as 63066
the director finds are necessary to ensure the construction and 63067
operation of the hazardous waste facility in accordance with the 63068
standards of this section.63069

       (E) No political subdivision of this state shall require any 63070
additional zoning or other approval, consent, permit, certificate, 63071
or condition for the construction or operation of a hazardous 63072
waste facility authorized by a hazardous waste facility 63073
installation and operation permit issued pursuant to this chapter, 63074
nor shall any political subdivision adopt or enforce any law, 63075
ordinance, or rule that in any way alters, impairs, or limits the 63076
authority granted in the permit.63077

       (F) The director may issue a single hazardous waste facility 63078
installation and operation permit to a person who operates two or 63079
more adjoining facilities where hazardous waste is stored, 63080
treated, or disposed of if the application includes detail plans, 63081
specifications, and information on all facilities. For the 63082
purposes of this section, "adjoining" means sharing a common 63083
boundary, separated only by a public road, or in such proximity 63084
that the director determines that the issuance of a single permit 63085
will not create a hazard to the public health or safety or the 63086
environment.63087

       (G) No person shall falsify or fail to keep or submit any 63088
plans, specifications, data, reports, records, manifests, or other 63089
information required to be kept or submitted to the director by 63090
this chapter or the rules adopted under it.63091

       (H)(1) Each person who holds an installation and operation 63092
permit issued under this section and who wishes to obtain a permit 63093
renewal shall submit a completed application for an installation 63094
and operation permit renewal and any necessary accompanying 63095
general plans, detail plans, specifications, and such information 63096
as the director may require to the director no later than one 63097
hundred eighty days prior to the expiration date of the existing 63098
permit or upon a later date prior to the expiration of the 63099
existing permit if the permittee can demonstrate good cause for 63100
the late submittal. The director shall consider the application 63101
and accompanying information, inspection reports of the facility, 63102
results of performance tests, a report regarding the facility's 63103
compliance or noncompliance with the terms and conditions of its 63104
permit and rules adopted by the director under this chapter, and 63105
such other information as is relevant to the operation of the 63106
facility and shall issue a draft renewal permit or a notice of 63107
intent to deny the renewal permit. The director, in accordance 63108
with rules adopted under this section or with rules adopted to 63109
implement Chapter 3745. of the Revised Code, shall give public 63110
notice of the application and draft renewal permit or notice of 63111
intent to deny the renewal permit, provide for the opportunity for 63112
public comments within a specified time period, schedule a public 63113
meeting in the county in which the facility is located if 63114
significant interest is shown, and give public notice of the 63115
public meeting.63116

       (2) Within sixty days after the public meeting or close of 63117
the public comment period, the director, without prior hearing, 63118
shall issue or deny the renewal permit in accordance with Chapter 63119
3745. of the Revised Code. The director shall not issue a renewal 63120
permit unless the director determines that the facility under the 63121
existing permit has a history of compliance with this chapter, 63122
rules adopted under it, the existing permit, or orders entered to 63123
enforce such requirements that demonstrates sufficient 63124
reliability, expertise, and competency to operate the facility 63125
henceforth under this chapter, rules adopted under it, and the 63126
renewal permit. If the director approves an application for a 63127
renewal permit, the director shall issue the permit subject to the 63128
payment of the annual permit fee required under division (E) of 63129
section 3734.02 of the Revised Code and upon such terms and 63130
conditions as the director finds are reasonable to ensure that 63131
continued operation, maintenance, closure, and post-closure care 63132
of the hazardous waste facility are in accordance with the rules 63133
adopted under section 3734.12 of the Revised Code.63134

       (3) An installation and operation permit renewal application 63135
submitted to the director that also contains or would constitute 63136
an application for a modification shall be acted upon by the 63137
director in accordance with division (I) of this section in the 63138
same manner as an application for a modification. In approving or 63139
disapproving the renewal portion of a permit renewal application 63140
containing an application for a modification, the director shall 63141
apply the criteria established under division (H)(2) of this 63142
section.63143

       (4) An application for renewal or modification of a permit 63144
that does not contain an application for a modification as 63145
described in divisions (I)(3)(a) to (d) of this section shall not 63146
be subject to division (D)(2) of this section.63147

       (I)(1) As used in this section, "modification" means a change 63148
or alteration to a hazardous waste facility or its operations that 63149
is inconsistent with or not authorized by its existing permit or 63150
authorization to operate. Modifications shall be classified as 63151
Class 1, 2, or 3 modifications in accordance with rules adopted 63152
under division (K) of this section. Modifications classified as 63153
Class 3 modifications, in accordance with rules adopted under that 63154
division, shall be further classified by the director as either 63155
Class 3 modifications that are to be approved or disapproved by 63156
the director under divisions (I)(3)(a) to (d) of this section or 63157
as Class 3 modifications that are to be approved or disapproved by 63158
the director under division (I)(5) of this section. Not later than 63159
thirty days after receiving a request for a modification under 63160
division (I)(4) of this section that is not listed in Appendix I 63161
to 40 C.F.R. 270.42 or in rules adopted under division (K) of this 63162
section, the director shall classify the modification and shall 63163
notify the owner or operator of the facility requesting the 63164
modification of the classification. Notwithstanding any other law 63165
to the contrary, a modification that involves the transfer of a 63166
hazardous waste facility installation and operation permit to a 63167
new owner or operator for any off-site facility as defined in 63168
section 3734.41 of the Revised Code shall be classified as a Class 63169
3 modification. The transfer of a hazardous waste facility 63170
installation and operation permit to a new owner or operator for a 63171
facility that is not an off-site facility shall be classified as a 63172
Class 1 modification requiring prior approval of the director.63173

       (2) Except as provided in section 3734.123 of the Revised 63174
Code, a hazardous waste facility installation and operation permit 63175
may be modified at the request of the director or upon the written 63176
request of the permittee only if any of the following applies:63177

       (a) The permittee desires to accomplish alterations, 63178
additions, or deletions to the permitted facility or to undertake 63179
alterations, additions, deletions, or activities that are 63180
inconsistent with or not authorized by the existing permit;63181

       (b) New information or data justify permit conditions in 63182
addition to or different from those in the existing permit;63183

       (c) The standards, criteria, or rules upon which the existing 63184
permit is based have been changed by new, amended, or rescinded 63185
standards, criteria, or rules, or by judicial decision after the 63186
existing permit was issued, and the change justifies permit 63187
conditions in addition to or different from those in the existing 63188
permit;63189

       (d) The permittee proposes to transfer the permit to another 63190
person.63191

       (3) The director shall approve or disapprove an application 63192
for a modification in accordance with division (D)(2) of this 63193
section and rules adopted under division (K) of this section for 63194
all of the following categories of Class 3 modifications:63195

       (a) Authority to conduct treatment, storage, or disposal at a 63196
site, location, or tract of land that has not been authorized for 63197
the proposed category of treatment, storage, or disposal activity 63198
by the facility's permit;63199

       (b) Modification or addition of a hazardous waste management 63200
unit, as defined in rules adopted under section 3734.12 of the 63201
Revised Code, that results in an increase in a facility's storage 63202
capacity of more than twenty-five per cent over the capacity 63203
authorized by the facility's permit, an increase in a facility's 63204
treatment rate of more than twenty-five per cent over the rate so 63205
authorized, or an increase in a facility's disposal capacity over 63206
the capacity so authorized. The authorized disposal capacity for a 63207
facility shall be calculated from the approved design plans for 63208
the disposal units at that facility. In no case during a five-year 63209
period shall a facility's storage capacity or treatment rate be 63210
modified to increase by more than twenty-five per cent in the 63211
aggregate without the director's approval in accordance with 63212
division (D)(2) of this section. Notwithstanding any provision of 63213
division (I) of this section to the contrary, a request for 63214
modification of a facility's annual total waste receipt limit 63215
shall be classified and approved or disapproved by the director 63216
under division (I)(5) of this section.63217

       (c) Authority to add any of the following categories of 63218
regulated activities not previously authorized at a facility by 63219
the facility's permit: storage at a facility not previously 63220
authorized to store hazardous waste, treatment at a facility not 63221
previously authorized to treat hazardous waste, or disposal at a 63222
facility not previously authorized to dispose of hazardous waste; 63223
or authority to add a category of hazardous waste management unit 63224
not previously authorized at the facility by the facility's 63225
permit. Notwithstanding any provision of division (I) of this 63226
section to the contrary, a request for authority to add or to 63227
modify an activity or a hazardous waste management unit for the 63228
purposes of performing a corrective action shall be classified and 63229
approved or disapproved by the director under division (I)(5) of 63230
this section.63231

       (d) Authority to treat, store, or dispose of waste types 63232
listed or characterized as reactive or explosive, in rules adopted 63233
under section 3734.12 of the Revised Code, or any acute hazardous 63234
waste listed in 40 C.F.R. 261.33(e), as amended, at a facility not 63235
previously authorized to treat, store, or dispose of those types 63236
of wastes by the facility's permit unless the requested authority 63237
is limited to wastes that no longer exhibit characteristics 63238
meeting the criteria for listing or characterization as reactive 63239
or explosive wastes, or for listing as acute hazardous waste, but 63240
still are required to carry those waste codes as established in 63241
rules adopted under section 3734.12 of the Revised Code because of 63242
the requirements established in 40 C.F.R. 261(a) and (e), as 63243
amended, that is, the "mixture," "derived-from," or "contained-in" 63244
regulations.63245

       (4) A written request for a modification from the permittee 63246
shall be submitted to the director and shall contain such 63247
information as is necessary to support the request. Requests for 63248
modifications shall be acted upon by the director in accordance 63249
with this section and rules adopted under it.63250

       (5) Class 1 modification applications that require prior 63251
approval of the director, as provided in division (I)(1) of this 63252
section or as determined in accordance with rules adopted under 63253
division (K) of this section, Class 2 modification applications, 63254
and Class 3 modification applications that are not described in 63255
divisions (I)(3)(a) to (d) of this section shall be approved or 63256
disapproved by the director in accordance with rules adopted under 63257
division (K) of this section. The board of county commissioners of 63258
the county, the board of township trustees of the township, and 63259
the city manager or mayor of the municipal corporation in which a 63260
hazardous waste facility is located shall receive notification of 63261
any application for a modification for that facility and shall be 63262
considered as interested persons with respect to the director's 63263
consideration of the application.63264

       As used in division (I) of this section:63265

       (a) "Owner" means the person who owns a majority or 63266
controlling interest in a facility.63267

       (b) "Operator" means the person who is responsible for the 63268
overall operation of a facility.63269

       The director shall approve or disapprove an application for a 63270
Class 1 modification that requires the director's approval within 63271
sixty days after receiving the request for modification. The 63272
director shall approve or disapprove an application for a Class 2 63273
modification within three hundred days after receiving the request 63274
for modification. The director shall approve or disapprove an 63275
application for a Class 3 modification within three hundred 63276
sixty-five days after receiving the request for modification.63277

       (6) The approval or disapproval by the director of a Class 1 63278
modification application is not a final action that is appealable 63279
under Chapter 3745. of the Revised Code. The approval or 63280
disapproval by the director of a Class 2 modification or a Class 3 63281
modification is a final action that is appealable under that 63282
chapter. In approving or disapproving a request for a 63283
modification, the director shall consider all comments pertaining 63284
to the request that are received during the public comment period 63285
and the public meetings. The administrative record for appeal of a 63286
final action by the director in approving or disapproving a 63287
request for a modification shall include all comments received 63288
during the public comment period relating to the request for 63289
modification, written materials submitted at the public meetings 63290
relating to the request, and any other documents related to the 63291
director's action.63292

       (7) Notwithstanding any other provision of law to the 63293
contrary, a change or alteration to a hazardous waste facility 63294
described in division (E)(3)(a) or (b) of section 3734.02 of the 63295
Revised Code, or its operations, is a modification for the 63296
purposes of this section. An application for a modification at 63297
such a facility shall be submitted, classified, and approved or 63298
disapproved in accordance with divisions (I)(1) to (6) of this 63299
section in the same manner as a modification to a hazardous waste 63300
facility installation and operation permit.63301

       (J)(1) Except as provided in division (J)(2) of this section, 63302
an owner or operator of a hazardous waste facility that is 63303
operating in accordance with a permit by rule under rules adopted 63304
by the director under division (E)(3)(b) of section 3734.02 of the 63305
Revised Code shall submit either a hazardous waste facility 63306
installation and operation permit application for the facility or 63307
a modification application, whichever is required under division 63308
(J)(1)(a) or (b) of this section, within one hundred eighty days 63309
after the director has requested the application or upon a later 63310
date if the owner or operator demonstrates to the director good 63311
cause for the late submittal.63312

       (a) If the owner or operator does not have a hazardous waste 63313
facility installation and operation permit for any hazardous waste 63314
treatment, storage, or disposal activities at the facility, the 63315
owner or operator shall submit an application for such a permit to 63316
the director for the activities authorized by the permit by rule. 63317
Notwithstanding any other provision of law to the contrary, the 63318
director shall approve or disapprove the application for the 63319
permit in accordance with the procedures governing the approval or 63320
disapproval of permit renewals under division (H) of this section.63321

       (b) If the owner or operator has a hazardous waste facility 63322
installation and operation permit for hazardous waste treatment, 63323
storage, or disposal activities at the facility other than those 63324
authorized by the permit by rule, the owner or operator shall 63325
submit to the director a request for modification in accordance 63326
with division (I) of this section. Notwithstanding any other 63327
provision of law to the contrary, the director shall approve or 63328
disapprove the modification application in accordance with 63329
division (I)(5) of this section.63330

       (2) The owner or operator of a boiler or industrial furnace 63331
that is conducting thermal treatment activities in accordance with 63332
a permit by rule under rules adopted by the director under 63333
division (E)(3)(b) of section 3734.02 of the Revised Code shall 63334
submit a hazardous waste facility installation and operation 63335
permit application if the owner or operator does not have such a 63336
permit for any hazardous waste treatment, storage, or disposal 63337
activities at the facility or, if the owner or operator has such a 63338
permit for hazardous waste treatment, storage, or disposal 63339
activities at the facility other than thermal treatment activities 63340
authorized by the permit by rule, a modification application to 63341
add those activities authorized by the permit by rule, whichever 63342
is applicable, within one hundred eighty days after the director 63343
has requested the submission of the application or upon a later 63344
date if the owner or operator demonstrates to the director good 63345
cause for the late submittal. The application shall be accompanied 63346
by information necessary to support the request. The director 63347
shall approve or disapprove an application for a hazardous waste 63348
facility installation and operation permit in accordance with 63349
division (D) of this section and approve or disapprove an 63350
application for a modification in accordance with division (I)(3) 63351
of this section, except that the director shall not disapprove an 63352
application for the thermal treatment activities on the basis of 63353
the criteria set forth in division (D)(2)(g) or (h) of this 63354
section.63355

       (3) As used in division (J) of this section:63356

       (a) "Modification application" means a request for a 63357
modification submitted in accordance with division (I) of this 63358
section.63359

       (b) "Thermal treatment," "boiler," and "industrial furnace" 63360
have the same meanings as in rules adopted under section 3734.12 63361
of the Revised Code.63362

       (K) The director shall adopt, and may amend, suspend, or 63363
rescind, rules in accordance with Chapter 119. of the Revised Code 63364
in order to implement divisions (H) and (I) of this section. 63365
Except when in actual conflict with this section, rules governing 63366
the classification of and procedures for the modification of 63367
hazardous waste facility installation and operation permits shall 63368
be substantively and procedurally identical to the regulations 63369
governing hazardous waste facility permitting and permit 63370
modifications adopted under the "Resource Conservation and 63371
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as 63372
amended.63373

       Sec. 3734.06.  (A)(1) Except as provided in division63374
divisions (A)(2), (3), and (4), and (5) of this section and in 63375
section 3734.82 of the Revised Code, the annual fee for a solid 63376
waste facility license shall be in accordance with the following 63377
schedule:63378

AUTHORIZED MAXIMUM ANNUAL 63379
DAILY WASTE LICENSE 63380
RECEIPT (TONS) FEE 63381
100 or less $ 5,000 63382
101 to 200  12,500 63383
201 to 500  30,000 63384
501 or more  60,000 63385

       For the purpose of determining the applicable license fee 63386
under divisions (A)(1) and, (2), and (3) of this section, the 63387
authorized maximum daily waste receipt shall be the maximum amount 63388
of wastes the facility is authorized to receive daily that is 63389
established in the permit for the facility, and any modifications 63390
to that permit, issued under division (A)(2) or (3) of section 63391
3734.05 of the Revised Code; the annual license for the facility, 63392
and any revisions to that license, issued under division (A)(1) of 63393
section 3734.05 of the Revised Code; the approved operating plan 63394
or operational report for which submission and approval are 63395
required by rules adopted by the director of environmental 63396
protection under section 3734.02 of the Revised Code; an order 63397
issued by the director as authorized by rule; or the updated 63398
engineering plans, specifications, and facility and operation 63399
information approved under division (A)(4) of section 3734.05 of 63400
the Revised Code. If no authorized maximum daily waste receipt is 63401
so established, the annual license fee is sixty thousand dollars 63402
under division (A)(1) of this section and thirty thousand dollars 63403
under divisiondivisions (A)(2) and (3) of this section.63404

       The authorized maximum daily waste receipt set forth in any 63405
such document shall be stated in terms of cubic yards of volume 63406
for the purpose of regulating the design, construction, and 63407
operation of a solid waste facility. For the purpose of 63408
determining applicable license fees under this section, the 63409
authorized maximum daily waste receipt so stated shall be 63410
converted from cubic yards to tons as the unit of measurement 63411
based upon a conversion factor of three cubic yards per ton for 63412
compacted wastes generally and one cubic yard per ton for baled 63413
wastes.63414

       (2) The annual license fee for a facility that is an 63415
incinerator facility is one-half the amount shown in division 63416
(A)(1) of this section. When a municipal corporation, county, or 63417
township owns and operates more than one incinerator within its 63418
boundaries, the municipal corporation, county, or township shall 63419
pay one fee for the licenses for all of its incinerators. The fee 63420
shall be determined on the basis of the aggregate maximum daily 63421
waste receipt for all the incinerators owned and operated by the 63422
municipal corporation, county, or township in an amount that is 63423
one-half the amount shown in division (A)(1) of this section.63424

       (3) The annual fee for a solid waste compost facility license 63425
shall be in accordance with the following schedule:63426

AUTHORIZED MAXIMUM ANNUAL 63427
DAILY WASTE LICENSE 63428
RECEIPT (TONS) FEE 63429
12 or less $   300 63430
13 to 25     600 63431
26 to 50   1,200 63432
51 to 75   1,800 63433
76 to 100   2,500 63434
101 to 200 150   6,250 3,750 63435
151 to 200   5,000 63436
201 to 500 250  15,000 6,250 63437
251 to 300   7,500 63438
301 to 400  10,000 63439
401 to 500  12,500 63440
501 or more  30,000 63441

       (3)(4) The annual license fee for a solid waste facility, 63442
regardless of its authorized maximum daily waste receipt, is five 63443
thousand dollars for a facility meeting either of the following 63444
qualifications:63445

       (a) The facility is owned by a generator of solid wastes when 63446
the solid waste facility exclusively disposes of solid wastes 63447
generated at one or more premises owned by the generator 63448
regardless of whether the facility is located on a premises where 63449
the wastes are generated;.63450

       (b) The facility exclusively disposes of wastes that are 63451
generated from the combustion of coal, or from the combustion of 63452
primarily coal in combination with scrap tires, that is not 63453
combined in any way with garbage at one or more premises owned by 63454
the generator.63455

       (4)(5) The annual license fee for a facility that is a 63456
transfer facility is seven hundred fifty dollars.63457

       (5)(6) The same fees shall apply to private operators and to 63458
the state and its political subdivisions and shall be paid within 63459
thirty days after issuance of a license. The fee includes the cost 63460
of licensing, all inspections, and other costs associated with the 63461
administration of the solid waste provisions of this chapter and 63462
rules adopted under them, excluding the provisions governing scrap 63463
tires. Each such license shall specify that it is conditioned upon 63464
payment of the applicable fee to the board of health or the 63465
director, as appropriate, within thirty days after issuance of the 63466
license.63467

       (B) The board of health shall retain two thousand five 63468
hundred dollars of each license fee collected by the board under 63469
divisions (A)(1), (2), and (3), and (4) of this section or the 63470
entire amount of any such fee that is less than two thousand five 63471
hundred dollars. The moneys retained shall be paid into a special 63472
fund, which is hereby created in each health district, and used 63473
solely to administer and enforce the solid waste provisions of 63474
this chapter and the rules adopted under them, excluding the 63475
provisions governing scrap tires. The remainder of each license 63476
fee collected by the board shall be transmitted to the director 63477
within forty-five days after receipt of the fee. The director 63478
shall transmit these moneys to the treasurer of state to be 63479
credited to the general revenue fund. The board of health shall 63480
retain the entire amount of each fee collected under division 63481
(A)(4)(5) of this section, which moneys shall be paid into the 63482
special fund of the health district.63483

       (C)(1) Except as provided in divisions (C)(2) and (3) of this 63484
section, the annual fee for an infectious waste treatment facility 63485
license shall be in accordance with the following schedule:63486

AVERAGE ANNUAL 63487
DAILY WASTE LICENSE 63488
RECEIPT (TONS) FEE 63489
100 or less $ 5,000 63490
101 to 200  12,500 63491
201 to 500  30,000 63492
501 or more  60,000 63493

       For the purpose of determining the applicable license fee 63494
under divisions (C)(1) and (2) of this section, the average daily 63495
waste receipt shall be the average amount of infectious wastes the 63496
facility is authorized to receive daily that is established in the 63497
permit for the facility, and any modifications to that permit, 63498
issued under division (B)(2)(b) or (d) of section 3734.05 of the 63499
Revised Code; or the annual license for the facility, and any 63500
revisions to that license, issued under division (B)(2)(a) of 63501
section 3734.05 of the Revised Code. If no average daily waste 63502
receipt is so established, the annual license fee is sixty 63503
thousand dollars under division (C)(1) of this section and thirty 63504
thousand dollars under division (C)(2) of this section.63505

       (2) The annual license fee for an infectious waste treatment 63506
facility that is an incinerator is one-half the amount shown in 63507
division (C)(1) of this section.63508

       (3) Fees levied under divisions (C)(1) and (2) of this 63509
section shall apply to private operators and to the state and its 63510
political subdivisions and shall be paid within thirty days after 63511
issuance of a license. The fee includes the cost of licensing, all 63512
inspections, and other costs associated with the administration of 63513
the infectious waste provisions of this chapter and rules adopted 63514
under them. Each such license shall specify that it is conditioned 63515
upon payment of the applicable fee to the board of health or the 63516
director, as appropriate, within thirty days after issuance of the 63517
license.63518

       (4) The board of health shall retain two thousand five 63519
hundred dollars of each license fee collected by the board under 63520
divisions (C)(1) and (2) of this section. The moneys retained 63521
shall be paid into a special infectious waste fund, which is 63522
hereby created in each health district, and used solely to 63523
administer and enforce the infectious waste provisions of this 63524
chapter and the rules adopted under them. The remainder of each 63525
license fee collected by the board shall be transmitted to the 63526
director within forty-five days after receipt of the fee. The 63527
director shall transmit these moneys to the treasurer of state to 63528
be credited to the general revenue fund.63529

       Sec. 3734.18.  (A) As used in this section:63530

       (1) "On-site facility" means a facility that treats or 63531
disposes of hazardous waste that is generated on the premises of 63532
the facility.63533

       (2) "Off-site facility" means a facility that treats or 63534
disposes of hazardous waste that is generated off the premises of 63535
the facility.63536

       (3) "Satellite facility" means any of the following:63537

       (a) An on-site facility that also receives hazardous waste 63538
from other premises owned by the same person who generates the 63539
waste on the facility premises;63540

       (b) An off-site facility operated so that all of the 63541
hazardous waste it receives is generated on one or more premises 63542
owned by the person who owns the facility;63543

       (c) An on-site facility that also receives hazardous waste 63544
that is transported uninterruptedly and directly to the facility 63545
through a pipeline from a generator who is not the owner of the 63546
facility.63547

       (B) A treatment or disposal facility that is subject to the 63548
fees that are levied under this section may be both an on-site 63549
facility and an off-site facility. The determination of whether an 63550
on-site facility fee or an off-site facility fee is to be paid for 63551
a hazardous waste that is treated or disposed of at the facility 63552
shall be based on whether that hazardous waste was generated on or 63553
off the premises of the facility.63554

       (C) There are hereby levied fees on the disposal of hazardous 63555
waste to be collected according to the following schedule at each 63556
disposal facility to which a hazardous waste facility installation 63557
and operation permit or renewal of a permit has been issued under 63558
this chapter or that is operating in accordance with a permit by 63559
rule under rules adopted by the director of environmental 63560
protection:63561

       (1) For disposal facilities that are off-site facilities, 63562
fees shall be levied at the rate of four dollars and fifty cents 63563
per ton for hazardous waste disposed of by deep well injection and 63564
nine dollars per ton for hazardous waste disposed of by land 63565
application or landfilling. The owner or operator of the facility, 63566
as a trustee for the state, shall collect the fees and forward 63567
them to the director in accordance with rules adopted under this 63568
section.63569

       (2) For disposal facilities that are on-site or satellite 63570
facilities, fees shall be levied at the rate of two dollars per 63571
ton for hazardous waste disposed of by deep well injection and 63572
four dollars per ton for hazardous waste disposed of by land 63573
application or landfilling. The maximum annual disposal fee for an 63574
on-site disposal facility that disposes of one hundred thousand 63575
tons or less of hazardous waste in a year is twenty-five thousand 63576
dollars. The maximum annual disposal fee for an on-site facility 63577
that disposes of more than one hundred thousand tons of hazardous 63578
waste in a year by land application or landfilling is fifty 63579
thousand dollars, and the maximum annual fee for an on-site 63580
facility that disposes of more than one hundred thousand tons of 63581
hazardous waste in a year by deep well injection is one hundred 63582
thousand dollars. The maximum annual disposal fee for a satellite 63583
facility that disposes of one hundred thousand tons or less of 63584
hazardous waste in a year is thirty-seven thousand five hundred 63585
dollars, and the maximum annual disposal fee for a satellite 63586
facility that disposes of more than one hundred thousand tons of 63587
hazardous waste in a year is seventy-five thousand dollars, except 63588
that a satellite facility defined under division (A)(3)(b) of this 63589
section that receives hazardous waste from a single generation 63590
site is subject to the same maximum annual disposal fees as an 63591
on-site disposal facility. The owner or operator shall pay the fee 63592
to the director each year upon the anniversary of the date of 63593
issuance of the owner's or operator's installation and operation 63594
permit during the term of that permit and any renewal permit 63595
issued under division (H) of section 3734.05 of the Revised Code 63596
or on the anniversary of the date of a permit by rule. If payment 63597
is late, the owner or operator shall pay an additional ten per 63598
cent of the amount of the fee for each month that it is late.63599

       (D) There are hereby levied fees at the rate of two dollars 63600
per ton on hazardous waste that is treated at treatment facilities 63601
that are not on-site or satellite facilities to which a hazardous 63602
waste facility installation and operation permit or renewal of a 63603
permit has been issued under this chapter, whose owner or operator 63604
is operating in accordance with a permit by rule under rules 63605
adopted by the director, or that are not subject to the hazardous 63606
waste facility installation and operation permit requirements 63607
under rules adopted by the director.63608

       (E) There are hereby levied additional fees on the treatment 63609
and disposal of hazardous waste at the rate of ten per cent of the 63610
applicable fees prescribed in division (C) or (D) of this section 63611
for the purposes of paying the costs of municipal corporations and 63612
counties for conducting reviews of applications for hazardous 63613
waste facility installation and operation permits for proposed new 63614
or modified hazardous waste landfills within their boundaries, 63615
emergency response actions with respect to releases of hazardous 63616
waste from hazardous waste facilities within their boundaries, 63617
monitoring the operation of such hazardous waste facilities, and 63618
local waste management planning programs. The owner or operator of 63619
a facility located within a municipal corporation, as a trustee 63620
for the municipal corporation, shall collect the fees levied by 63621
this division and forward them to the treasurer of the municipal 63622
corporation or such officer as, by virtue of the charter, has the 63623
duties of the treasurer in accordance with rules adopted under 63624
this section. The owner or operator of a facility located in an 63625
unincorporated area, as a trustee of the county in which the 63626
facility is located, shall collect the fees levied by this 63627
division and forward them to the county treasurer of that county 63628
in accordance with rules adopted under this section. The owner or 63629
operator shall pay the fees levied by this division to the 63630
treasurer or such other officer of the municipal corporation or to 63631
the county treasurer each year upon the anniversary of the date of 63632
issuance of the owner's or operator's installation and operation 63633
permit during the term of that permit and any renewal permit 63634
issued under division (H) of section 3734.05 of the Revised Code 63635
or on the anniversary of the date of a permit by rule or the date 63636
on which the facility became exempt from hazardous waste facility 63637
installation and operation permit requirements under rules adopted 63638
by the director. If payment is late, the owner or operator shall 63639
pay an additional ten per cent of the amount of the fee for each 63640
month that the payment is late.63641

       Moneys received by a municipal corporation under this 63642
division shall be paid into a special fund of the municipal 63643
corporation and used exclusively for the purposes of conducting 63644
reviews of applications for hazardous waste facility installation 63645
and operation permits for new or modified hazardous waste 63646
landfills located or proposed within the municipal corporation, 63647
conducting emergency response actions with respect to releases of 63648
hazardous waste from facilities located within the municipal 63649
corporation, monitoring operation of such hazardous waste 63650
facilities, and conducting waste management planning programs 63651
within the municipal corporation through employees of the 63652
municipal corporation or pursuant to contracts entered into with 63653
persons or political subdivisions. Moneys received by a board of 63654
county commissioners under this division shall be paid into a 63655
special fund of the county and used exclusively for those purposes 63656
within the unincorporated area of the county through employees of 63657
the county or pursuant to contracts entered into with persons or 63658
political subdivisions.63659

       (F) As used in this section, "treatment" or "treated" does 63660
not include any method, technique, or process designed to recover 63661
energy or material resources from the waste or to render the waste 63662
amenable for recovery. The fees levied by division (D) of this 63663
section do not apply to hazardous waste that is treated and 63664
disposed of on the same premises or by the same person.63665

       (G) The director, by rules adopted in accordance with 63666
Chapters 119. and 3745. of the Revised Code, shall prescribe any 63667
dates not specified in this section and procedures for collecting 63668
and forwarding the fees prescribed by this section and may 63669
prescribe other requirements that are necessary to carry out this 63670
section.63671

       The director shall deposit the moneys collected under 63672
divisions (C) and (D) of this section into one or more minority 63673
banks, as "minority bank" is defined in division (F)(1) of section 63674
135.04 of the Revised Code, to the credit of the hazardous waste 63675
facility management fund, which is hereby created in the state 63676
treasury, except that the director shall deposit to the credit of 63677
the underground injection control fund created in section 6111.046 63678
of the Revised Code moneys in excess of fifty thousand dollars 63679
that are collected during a fiscal year under division (C)(2) of 63680
this section from the fee levied on the disposal of hazardous 63681
waste by deep well injection at an on-site disposal facility that 63682
disposes of more than one hundred thousand tons of hazardous waste 63683
in a year.63684

       The environmental protection agency may use moneys in the 63685
hazardous waste facility management fund for administration of the 63686
hazardous waste program established under this chapter and, in 63687
accordance with this section, may request approval by the 63688
controlling board on an annual basis for that use on an annual 63689
basis. In addition, the agency may use and pledge moneys in that 63690
fund for repayment of and for interest on any loans made by the 63691
Ohio water development authority to the agency for the hazardous 63692
waste program established under this chapter without the necessity 63693
of requesting approval by the controlling board, which use and 63694
pledge shall have priority over any other use of the moneys in the 63695
fundand for the purposes specified in sections 3734.19 to 3734.27 63696
of the Revised Code.63697

       Until September 28, 1996, the director also may use moneys in 63698
the fund to pay the start-up costs of administering Chapter 3746. 63699
of the Revised Code.63700

       If moneys in the fund that the agency uses in accordance with 63701
this chapter are reimbursed by grants or other moneys from the 63702
United States government, the grants or other moneys shall be 63703
placed in the fund.63704

       Before the agency makes any expenditure from the fund other 63705
than for repayment of and interest on any loan made by the Ohio 63706
water development authority to the agency in accordance with this 63707
section, the controlling board shall approve the expenditure.63708

       Sec. 3734.19.  (A) If the legislative or executive authority 63709
of a municipal corporation, county, or township has evidence to 63710
indicate that locations within its boundaries once served as 63711
hazardous waste facilities or that significant quantities of 63712
hazardous waste were disposed of in solid waste facilities within 63713
its boundaries, it may file a formal written request with the 63714
director of environmental protection, accompanied by supporting 63715
evidence, to survey the locations or facilities.63716

       Upon receipt of a request and a review of the evidence 63717
submitted with the request, the director shall conduct an 63718
investigation to determine if hazardous waste was actually 63719
treated, stored, or disposed of at the locations or facilities 63720
and, if so, to determine the nature and approximate quantity and 63721
types of the waste treated, stored, or disposed of at the 63722
particular locations or facilities. In addition, the director 63723
shall determine whether the locations or facilities, because of 63724
their present condition and the nature and quantities of waste 63725
treated, stored, or disposed of therein, result or are likely to 63726
result in air pollution, pollution of the waters of the state, or 63727
soil contamination or constitute a present or imminent and 63728
substantial threat to public health or safety. The director shall 63729
report the findings of histhe investigation to the municipal 63730
corporation, county, or township requesting the survey.63731

       For the purpose of conducting investigations under this 63732
section, the director or histhe director's authorized 63733
representative may enter upon any public or private property. The 63734
director or histhe director's authorized representative may apply 63735
for, and any judge of a court of common pleas shall issue, an 63736
appropriate search warrant necessary to achieve the purposes of 63737
this section within the court's territorial jurisdiction. When 63738
conducting investigations under this section, the director shall 63739
cause no unnecessary damage to any property. The director may 63740
expend moneys from the hazardous waste facility management fund 63741
created in section 3734.18 of the Revised Code, the hazardous 63742
waste clean-up fund created in section 3734.28 of the Revised 63743
Code, or the environmental protection remediation fund created in 63744
section 3734.281 of the Revised Code for conducting 63745
investigations.63746

       (B) As used in this section and in sections 3734.20, 3734.21, 63747
3734.23, 3734.25, and 3734.26 of the Revised Code, "soil 63748
contamination" means the presence in or on the soil of any 63749
hazardous waste or hazardous waste residue resulting from the 63750
discharge, deposit, injection, dumping, spilling, leaking, 63751
emitting, or placing into or on the soil of hazardous waste or 63752
hazardous waste residue, or any material that when discharged, 63753
deposited, injected, dumped, spilled, leaked, emitted, or placed 63754
into or on the soil becomes a hazardous waste, in any quantity or 63755
having any characteristics that are or threaten to be injurious to 63756
public health or safety, plant or animal life, or the environment 63757
or that unreasonably interfere with the comfortable enjoyment of 63758
life or property.63759

       Sec. 3734.20.  (A) If the director of environmental 63760
protection has reason to believe that hazardous waste was treated, 63761
stored, or disposed of at any location within the state, the 63762
director may conduct such investigations and make such inquiries, 63763
including obtaining samples and examining and copying records, as 63764
are reasonable or necessary to determine if conditions at a 63765
hazardous waste facility, solid waste facility, or other location 63766
where the director has reason to believe hazardous waste was 63767
treated, stored, or disposed of constitute a substantial threat to 63768
public health or safety or are causing or contributing to or 63769
threatening to cause or contribute to air or water pollution or 63770
soil contamination. The director or the director's authorized 63771
representative may apply for, and any judge of a court of common 63772
pleas shall issue, an appropriate search warrant necessary to 63773
achieve the purposes of this section within the court's 63774
territorial jurisdiction. The director may expend moneys from the 63775
hazardous waste facility management fund created in section 63776
3734.18 of the Revised Code, the hazardous waste clean-up fund 63777
created in section 3734.28 of the Revised Code, or the 63778
environmental protection remediation fund created in section 63779
3734.281 of the Revised Code for conducting investigations under 63780
this section.63781

       (B) If the director determines that conditions at a hazardous 63782
waste facility, solid waste facility, or other location where 63783
hazardous waste was treated, stored, or disposed of constitute a 63784
substantial threat to public health or safety or are causing or 63785
contributing to or threatening to cause or contribute to air or 63786
water pollution or soil contamination, the director shall initiate 63787
appropriate action under this chapter or Chapter 3704. or 6111. of 63788
the Revised Code or seek any other appropriate legal or equitable 63789
remedies to abate the pollution or contamination or to protect 63790
public health or safety.63791

       If an order of the director to abate or prevent air or water 63792
pollution or soil contamination or to remedy a threat to public 63793
health or safety caused by conditions at such a facility issued 63794
pursuant to this chapter or Chapter 3704. or 6111. of the Revised 63795
Code is not wholly complied with within the time prescribed in the 63796
order, the director may, through officers or employees of the 63797
environmental protection agency or through contractors employed 63798
for that purpose in accordance with the bidding procedure 63799
established in division (C) of section 3734.23 of the Revised 63800
Code, enter upon the facility and perform those measures necessary 63801
to abate or prevent air or water pollution or soil contamination 63802
from the facility or to protect public health or safety, 63803
including, but not limited to, measures prescribed in division (B) 63804
of section 3734.23 of the Revised Code. The director shall keep an 63805
itemized record of the cost of the investigation and measures 63806
performed, including costs for labor, materials, and any contract 63807
services required. Upon completion of the investigation or 63808
measures, the director shall record the cost of performing those 63809
measures at the office of the county recorder of the county in 63810
which the facility is located. The cost so recorded constitutes a 63811
lien against the property on which the facility is located until 63812
discharged. Upon written request of the director, the attorney 63813
general shall institute a civil action to recover the cost. Any 63814
moneys so received shall be credited to the hazardous waste 63815
facility management fund, the hazardous waste clean-up fund, or 63816
the environmental protection remediation fund, as applicable.63817

       When entering upon a facility under this division, the 63818
director shall perform or cause to be performed only those 63819
measures necessary to abate or prevent air or water pollution or 63820
soil contamination caused by conditions at the facility or to 63821
abate threats to public health or safety caused by conditions at 63822
the facility. For this purpose the director may expend moneys from 63823
eitherthe hazardous waste facility management fund, the hazardous 63824
waste clean-up fund, or the environmental protection remediation63825
fund and may expend moneys from loans from the Ohio water 63826
development authority to the environmental protection agency that 63827
pledge moneys from eitherthe hazardous waste facility management 63828
fund, the hazardous waste clean-up fund, or the environmental 63829
protection remediation fund for the repayment of and for the 63830
interest on such loans.63831

       Sec. 3734.21.  (A) The director of environmental protection 63832
may expend moneys credited to the hazardous waste facility 63833
management fund created in section 3734.18 of the Revised Code, 63834
the hazardous waste clean-up fund created in section 3734.28 of 63835
the Revised Code, or the environmental protection remediation fund 63836
created in section 3734.281 of the Revised Code for the payment of 63837
the cost of measures necessary for the proper closure of hazardous 63838
waste facilities or any solid waste facilities containing 63839
significant quantities of hazardous waste, for the payment of 63840
costs of the development and construction of suitable hazardous 63841
waste facilities required by division (B) of section 3734.23 of 63842
the Revised Code to the extent the director determines that such 63843
facilities are not available, and for the payment of costs that 63844
are necessary to abate conditions thereon that are causing or 63845
contributing to or threatening to cause or contribute to air or 63846
water pollution or soil contamination or that constitute a 63847
substantial threat to public health or safety. In addition, the 63848
director may expend and pledge moneys credited to eitherthe 63849
hazardous waste facility management fund, the hazardous waste 63850
clean-up fund, or the environmental protection remediation fund 63851
for repayment of and for interest on any loan made by the Ohio 63852
water development authority to the environmental protection agency 63853
for the payment of such costs.63854

       (B) Before beginning to clean up any facility under this 63855
section, the director shall develop a plan for the cleanup and an 63856
estimate of the cost thereof. The plan shall include only those 63857
measures necessary to abate conditions thereon that are causing or 63858
contributing to or threatening to cause or contribute to air or 63859
water pollution or soil contamination or that constitute a 63860
substantial threat to public health or safety, including, but not 63861
limited to, establishment and maintenance of an adequate cover of 63862
soil and vegetation on any facility for the burial of hazardous 63863
waste to prevent the infiltration of water into cells where 63864
hazardous waste is buried, the accumulation or runoff of 63865
contaminated surface water, the production of leachate, and air 63866
emissions of hazardous waste; the collection and treatment of 63867
contaminated surface water runoff; the collection and treatment of 63868
leachate; or, if conditions so require, the removal of hazardous 63869
waste from the facility and the treatment or disposal of the waste 63870
at a suitable hazardous waste facility. The plan or any part of 63871
the plan for the cleanup of the facility shall be carried out by 63872
entering into contracts therefor in accordance with the procedures 63873
established in division (C) of section 3734.23 of the Revised 63874
Code.63875

       Sec. 3734.22.  Before beginning to clean up any facility 63876
under section 3734.21 of the Revised Code, the director of 63877
environmental protection shall endeavor to enter into an agreement 63878
with the owner of the land on which the facility is located, or 63879
with the owner of the facility, specifying the measures to be 63880
performed and authorizing the director, employees of the agency, 63881
or contractors retained by the director to enter upon the land and 63882
perform the specified measures.63883

       Each agreement may contain provisions for the reimbursement 63884
of the state for the costs of the cleanup.63885

       All reimbursements and payments shall be credited to the 63886
hazardous waste facility management fund created in section 63887
3734.18 of the Revised Code, the hazardous waste clean-up fund 63888
created in section 3734.28 of the Revised Code, or the 63889
environmental protection remediation fund created in section 63890
3734.281 of the Revised Code, as applicable.63891

       The agreement may require the owner to execute an easement 63892
whereby the director, an authorized employee of the agency, or a 63893
contractor employed by the agency in accordance with the bidding 63894
procedure established in division (C) of section 3734.23 of the 63895
Revised Code may enter upon the facility to sample, repair, or 63896
reconstruct air and water quality monitoring equipment constructed 63897
under the agreement. Such easements shall be for a specified 63898
period of years and may be extinguished by agreement between the 63899
owner and the director. When necessary to protect the public 63900
health or safety, the agreement may require the owner to enter 63901
into an environmental covenant with the director in accordance 63902
with sections 5301.80 to 5301.92 of the Revised Code.63903

       Upon a breach of the reimbursement provisions of the 63904
agreement by the owner of the land or facility, or upon 63905
notification to the director by the owner that the owner is unable 63906
to perform the duties under the reimbursement provisions of the 63907
agreement, the director may record the unreimbursed portion of the 63908
costs of cleanup at the office of the county recorder of the 63909
county in which the facility is located. The costs so recorded 63910
constitute a lien against the property on which the facility is 63911
located until discharged. Upon written request of the director, 63912
the attorney general shall institute a civil action to recover the 63913
unreimbursed portion of the costs of cleanup. Any moneys so 63914
recovered shall be credited to the hazardous waste facility 63915
management fund, the hazardous waste clean-up fund, or the 63916
environmental protection remediation fund, as applicable.63917

       Sec. 3734.23.  (A) The director of environmental protection 63918
may acquire by purchase, gift, donation, contribution, or 63919
appropriation in accordance with sections 163.01 to 163.21 of the 63920
Revised Code any hazardous waste facility or any solid waste 63921
facility containing significant quantities of hazardous waste 63922
that, because of its condition and the types and quantities of 63923
hazardous waste contained in the facility, constitutes an imminent 63924
and substantial threat to public health or safety or results in 63925
air pollution, pollution of the waters of the state, or soil 63926
contamination. For this purpose and for the purposes of division 63927
(B) of this section, the director may expend moneys from the 63928
hazardous waste facility management fund created in section 63929
3734.18 of the Revised Code, the hazardous waste clean-up fund 63930
created in section 3734.28 of the Revised Code, or the 63931
environmental protection remediation fund created in section 63932
3734.281 of the Revised Code and may expend moneys from loans from 63933
the Ohio water development authority to the environmental 63934
protection agency that pledge moneys from eitherthe hazardous 63935
waste facility management fund, the hazardous waste clean-up fund, 63936
or the environmental protection remediation fund for the repayment 63937
of and for the interest on such loans. Any lands or facilities 63938
purchased or acquired under this section shall be deeded to the 63939
state, but no deed shall be accepted or the purchase price paid 63940
until the title has been approved by the attorney general.63941

       (B) The director shall, with respect to any land or facility 63942
acquired under this section or cleaned up under section 3734.20 of 63943
the Revised Code, perform closure or other measures necessary to 63944
abate conditions thereon that are causing or contributing to or 63945
threatening to cause or contribute to air or water pollution or 63946
soil contamination or that constitute a substantial threat to 63947
public health or safety, including, but not limited to, 63948
establishment and maintenance of an adequate cover of soil and 63949
vegetation on any facility for the burial of hazardous waste to 63950
prevent the infiltration of water into cells where hazardous waste 63951
is buried, the accumulation or runoff of contaminated surface 63952
water, the production of leachate, and air emissions of hazardous 63953
waste; the collection and treatment of contaminated surface water 63954
runoff; the collection and treatment of leachate; or, if 63955
conditions so require, the removal of hazardous waste from the 63956
facility and the treatment or disposal of the waste at a suitable 63957
hazardous waste facility. After performing these measures, the 63958
director shall provide for the post-closure care, maintenance, and 63959
monitoring of facilities cleaned up under this section.63960

       (C) Before proceeding to clean up any facility under this 63961
section or section 3734.20 or 3734.21 of the Revised Code, the 63962
director shall develop a plan for the cleanup of the facility and 63963
an estimate of the cost thereof. The director may carry out the 63964
plan or any part of the plan by contracting for the services, 63965
construction, and repair necessary therefor. The director shall 63966
award each such contract to the lowest responsible bidder after 63967
sealed bids therefor are received, opened, and published at the 63968
time fixed by the director and notice of the time and place at 63969
which the sealed bids will be received, opened, and published has 63970
been published by the director in a newspaper of general 63971
circulation in the county in which the facility to be cleaned up 63972
under the contract is located at least once within the ten days 63973
before the opening of the bids. However, if after advertising for 63974
bids for the contract, no bids are received by the director at the 63975
time and place fixed for receiving them, the director may 63976
advertise again for bids, or the director may, if the director 63977
considers the public interest will best be served thereby, enter 63978
into a contract for the cleanup of the facility without further 63979
advertisement for bids. The director may reject any or all bids 63980
received and fix and publish again notice of the time and place at 63981
which bids for the contracts will be received, opened, and 63982
published.63983

       (D) The director shall keep an itemized record of the costs 63984
of any acquisition under division (A) of this section and the 63985
costs of cleanup under division (B) of this section.63986

       Sec. 3734.24.  After the cleanup of a solid waste facility or 63987
a hazardous waste facility acquired and cleaned up under section 63988
3734.23 of the Revised Code, the director of environmental 63989
protection may, if the facility is suitable for use by any other 63990
state department, agency, office, or institution and if the 63991
proposed use of the facility is compatible with the condition of 63992
the facility as cleaned up, transfer the facility to that state 63993
department, agency, office, or institution. The director shall 63994
continue to provide for the post-closure care, maintenance, and 63995
monitoring of any such cleaned-up facility as required by section 63996
3734.23 of the Revised Code.63997

       If the director determines that any facility so cleaned up is 63998
suitable, because of its condition as cleaned up, for restricted 63999
or unrestricted use, the director may, with the approval of the 64000
attorney general, sell the facility if the sale is advantageous to 64001
the state. Prior to selling the cleaned-up facility, the director 64002
shall, when necessary to protect public health or safety, enter 64003
into an environmental covenant in accordance with sections 5301.80 64004
to 5301.92 of the Revised Code. When selling any such cleaned-up 64005
facility, the director shall retain the right to enter upon the 64006
facility, in person or by an authorized agent, to provide for the 64007
post-closure care, maintenance, and monitoring of the facility. 64008
The director shall provide for the post-closure care, maintenance, 64009
and monitoring of any such facility sold as required by section 64010
3734.23 of the Revised Code.64011

       With the approval of the attorney general, the director may 64012
grant easements or leases on any such cleaned-up facility if the 64013
director determines that the use of the facility under the 64014
easement or lease is compatible with its condition as cleaned up.64015

       Any moneys derived from the sale of such cleaned-up 64016
facilities or from payments from easements or leases shall be 64017
credited to the hazardous waste facility management fund created 64018
in section 3734.18 of the Revised Code, the hazardous waste 64019
clean-up fund created in section 3734.28 of the Revised Code, or 64020
the environmental protection remediation fund created in section 64021
3734.281 of the Revised Code, as applicable.64022

       Sec. 3734.25.  (A) The director of environmental protection 64023
may make grants of moneys from the hazardous waste facility 64024
management fund created in section 3734.18 of the Revised Code or64025
the hazardous waste clean-up fund created in section 3734.28 of 64026
the Revised Code for payment by the state of up to two-thirds of 64027
the reasonable and necessary expenses incurred by a municipal 64028
corporation, county, or township for the proper closure of or 64029
abatement of air or water pollution or soil contamination from a 64030
solid waste facility in which significant quantities of hazardous 64031
waste were disposed of and that the political subdivision owns and 64032
once operated.64033

       (B) A municipal corporation, county, or township shall submit 64034
an application for a grant on forms provided by the director, 64035
together with detail plans and specifications indicating the 64036
measures to be performed, an itemized estimate of the project's 64037
cost, a description of the project's benefits, and such other 64038
information as the director prescribes. The plan for closure or 64039
abatement of air or water pollution or soil contamination may be 64040
prepared in consultation with the director or the board of health 64041
of the city or general health district in which the facility is 64042
located. The director may award the applicant a grant only if the 64043
director finds that the proposed measures will provide for the 64044
proper closure of the facility and will abate or prevent air or 64045
water pollution or soil contamination, including, but not limited 64046
to, those measures necessary or desirable to:64047

       (1) In the case of a facility at which land burial of 64048
hazardous waste occurred, establish and maintain a suitable cover 64049
of soil and vegetation over the cells in which waste is buried in 64050
order to minimize erosion, the infiltration of surface water into 64051
the cells, the production of leachate, and the accumulation or 64052
runoff of contaminated surface waters and to prevent air emissions 64053
of hazardous waste from the facility;64054

       (2) Collect and treat contaminated surface water runoff from 64055
the facility;64056

       (3) Collect and treat leachate produced at the facility;64057

       (4) Install test wells and other equipment or facilities to 64058
monitor the quality of surface waters receiving runoff from the 64059
facility or to monitor air emissions of hazardous waste from the 64060
facility;64061

       (5) Regularly monitor and analyze surface water runoff from 64062
the facility, the quality of waters receiving the runoff, and 64063
ground water quality in the vicinity of the facility, and 64064
regularly monitor leachate collection and treatment systems 64065
installed under the grant and analyze samples from them;64066

       (6) Remove and dispose of hazardous waste from the facility 64067
at a suitable hazardous waste disposal facility where necessary to 64068
protect public health or safety or to prevent or abate air or 64069
water pollution or soil contamination.64070

       (C) The director shall determine the amount of the grant 64071
based upon the director's determination of what constitutes 64072
reasonable and necessary expenses for the proper closure of the 64073
facility or for the prevention or elimination of air or water 64074
pollution or soil contamination from the facility. In making a 64075
grant, the director shall enter into a contract with the municipal 64076
corporation, county, or township that owns the facility to ensure 64077
that the moneys granted are used for the purposes of this section 64078
and that measures performed are properly done. The final payment 64079
under a grant may not be made until the director inspects and 64080
approves the completed cleanup.64081

       The contract shall require the municipal corporation, county, 64082
or township to execute an easement whereby the director, an 64083
authorized employee of the agency, or a contractor employed by the 64084
director may enter upon the facility to sample, repair, or 64085
reconstruct air and water quality monitoring equipment constructed 64086
under the contract. Such easements shall be for a specified period 64087
of years and may be extinguished by agreement between the 64088
political subdivision and the director.64089

       When necessary to protect public health or safety, the 64090
contract may require the municipal corporation, county, or 64091
township to enter into an environmental covenant with the director 64092
in accordance with sections 5301.80 to 5301.92 of the Revised 64093
Code.64094

       Sec. 3734.26.  (A) The director of environmental protection 64095
may make grants of moneys from the hazardous waste facility 64096
management fund created in section 3734.18 of the Revised Code or64097
the hazardous waste clean-up fund created in section 3734.28 of 64098
the Revised Code to the owner, other than a political subdivision, 64099
of a solid waste facility in which significant quantities of 64100
hazardous waste were disposed of or a hazardous waste facility for 64101
up to fifty per cent of the cost of the reasonable and necessary 64102
expenses incurred for the proper closure of or abatement or 64103
prevention of air or water pollution or soil contamination from 64104
the facility and for developing the land on which it was located 64105
for use in industry, commerce, distribution, or research.64106

       The director shall not make grants to the owner of any land 64107
on which such facilities are located if the owner at any time 64108
owned or operated the facility located thereon for profit or in 64109
conjunction with any profit-making enterprise located in this 64110
state or to any person who at any time owned or operated a 64111
facility concerning which the director has taken action under 64112
section 3734.20, 3734.22, or 3734.23 of the Revised Code. However, 64113
the director may make grants under this section to any subsequent 64114
owner of the land, provided that the person has no affiliation 64115
with any person who owned or operated the facility located on the 64116
land for profit or in conjunction with any profit-making 64117
enterprise located in this state or who owned or operated a 64118
facility concerning which the director has taken action under 64119
section 3734.20, 3734.22, or 3734.23 of the Revised Code.64120

       (B) The owner shall submit an application for a grant on 64121
forms furnished by the director, together with detail plans and 64122
specifications for the measures to be performed to close the 64123
facility properly or to abate or prevent air or water pollution or 64124
soil contamination from the facility, an itemized estimate of the 64125
project's cost, a description of the project's estimated benefits, 64126
and such other information as the director prescribes. The plan 64127
may be prepared in consultation with the director or with the 64128
board of health of the city or general health district in which 64129
the facility is located. The director may award the applicant a 64130
grant only after finding that the proposed measures will provide 64131
for the proper closure of the facility or will abate or prevent 64132
air or water pollution or soil contamination from the facility, 64133
including, but not limited to, those measures necessary or 64134
desirable to:64135

       (1) In the case of a facility for the land burial of 64136
hazardous waste, establish and maintain a suitable cover of soil 64137
and vegetation over the cells in which waste is buried in order to 64138
minimize erosion, the infiltration of surface water into the 64139
cells, the production of leachate, and the accumulation or runoff 64140
of contaminated surface water and to prevent air emissions of 64141
hazardous waste from the facility;64142

       (2) Collect and treat contaminated surface water runoff from 64143
the facility;64144

       (3) Collect and treat leachate produced at the facility;64145

       (4) Install test wells and other equipment or facilities to 64146
monitor the quality of surface waters receiving runoff from the 64147
facility or to monitor air emissions of hazardous waste from the 64148
facility;64149

       (5) Regularly monitor and analyze surface water runoff from 64150
the facility, the quality of waters receiving the runoff, and 64151
ground water quality in the vicinity of the facility, and 64152
regularly monitor leachate collection and treatment systems 64153
installed under the grant and analyze samples from them;64154

       (6) Remove and dispose of hazardous waste from the facility 64155
at a suitable hazardous waste disposal facility where necessary to 64156
protect public health or safety or to abate or prevent air or 64157
water pollution or soil contamination.64158

       (C) The director shall determine the amount of the grant 64159
based upon the director's determination of what constitutes 64160
reasonable and necessary expenses for the proper closure of the 64161
facility or for the abatement or prevention of air or water 64162
pollution or soil contamination from the facility. The amount of 64163
the grant shall not exceed one-half of the total, as determined by 64164
the director, of what constitutes reasonable and necessary 64165
expenses actually incurred for the proper closure of or abatement 64166
or prevention of air or water pollution or soil contamination from 64167
the facility.64168

       In making a grant, the director shall enter into a contract 64169
for funding with each applicant awarded a grant to ensure that the 64170
moneys granted are used for the purpose of this section and that 64171
the measures performed are properly performed. The final payment 64172
under a grant may not be made until the director inspects and 64173
approves the completed cleanup and the plans for developing the 64174
land for use in industry, commerce, distribution, or research.64175

       Each contract for funding shall contain provisions for the 64176
reimbursement of the state of a portion of the costs of the 64177
cleanup that is commensurate with the increase in the market value 64178
of the property attributable to the cleanup thereon, as determined 64179
by appraisals made before and after cleanup in the manner stated 64180
in the contract. For reimbursement of that portion, the contract 64181
may include provisions for:64182

       (1) Payment to the state of the share of the income derived 64183
from the productive use of the land;64184

       (2) Imposition of a lien in the amount of the increase in 64185
fair market value payable upon the transfer or conveyance to a new 64186
owner;64187

       (3) Waiver of all reimbursement if the determination 64188
discloses an increase in value that is insubstantial in comparison 64189
to the benefits to the public from the abatement of threats to 64190
public health or safety or from the abatement or prevention of 64191
pollution or contamination, considering the applicant's share of 64192
the cleanup cost.64193

       All reimbursements and payments shall be credited to the 64194
hazardous waste facility management fund or the hazardous waste 64195
clean-up fund created in section 3734.28 of the Revised Code, as 64196
applicable.64197

       (D) The contract shall require the owner to execute an 64198
easement whereby the director, an authorized employee of the 64199
agency, or a contractor employed by the agency may enter upon the 64200
facility to sample, repair, or reconstruct air and water quality 64201
monitoring equipment constructed under the contract. Such 64202
easements shall be for a specified period of years and may be 64203
extinguished by agreement between the owner and the director. When 64204
necessary to protect the public health or safety, the contract may 64205
require the owner to enter into an environmental covenant with the 64206
director in accordance with sections 5301.80 to 5301.92 of the 64207
Revised Code.64208

       (E) As used in this section, "commerce" includes, but is not 64209
limited to, agriculture, forestry, and housing.64210

       Sec. 3734.27.  Before making grants from the hazardous waste 64211
facility management fund created in section 3734.18 of the Revised 64212
Code or the hazardous waste clean-up fund created in section 64213
3734.28 of the Revised Code, the director of environmental 64214
protection shall consider each project application submitted by a 64215
political subdivision under section 3734.25 of the Revised Code, 64216
each application submitted by the owner of a facility under 64217
section 3734.26 of the Revised Code, and each facility surveyed 64218
under section 3734.19 of the Revised Code and, based upon the 64219
feasibility, cost, and public benefits of restoring the particular 64220
land and the availability of federal or other financial assistance 64221
for restoration, establish priorities for awarding grants from the 64222
fund.64223

       Sec. 3734.28.  Except as otherwise provided in section64224
sections 3734.281 and 3734.282 of the Revised Code, moneys 64225
collected under sections 3734.122, 3734.13, 3734.20, 3734.22, 64226
3734.24, and 3734.26 of the Revised Code and under the 64227
"Comprehensive Environmental Response, Compensation, and Liability 64228
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended, 64229
including moneys recovered under division (B)(1) of this section,64230
shall be paid into the state treasury to the credit of the 64231
hazardous waste clean-up fund, which is hereby created. In 64232
addition, any moneysboth of the following shall be credited to 64233
the fund:64234

       (A) Moneys recovered for costs paid from the fund for 64235
activities described in divisions (A)(1) and (2) of section 64236
3745.12 of the Revised Code shall be credited to the fund;64237

       (B) Natural resource damage assessment costs recovered under 64238
any of the following:64239

       (1) The "Comprehensive Environmental Response, Compensation, 64240
and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C. 9601, et 64241
seq., as amended;64242

       (2) The "Oil Pollution Act of 1990," 104 Stat. 484, 33 U.S.C. 64243
2701, et seq., as amended;64244

       (3) The Federal Water Pollution Control Act as defined in 64245
section 6111.01 of the Revised Code;64246

       (4) Any other applicable federal or state law. The64247

       The environmental protection agency shall use the moneys in 64248
the fund for the purposes set forth in division (D) of section 64249
3734.122, sections 3734.19, 3734.20, 3734.21, 3734.23, 3734.25, 64250
3734.26, and 3734.27, divisions (A)(1) and (2) of section 3745.12, 64251
and Chapter 3746. of the Revised Code, including any related 64252
enforcement expenses. In addition, the agency shall use the moneys 64253
in the fund to pay the state's long-term operation and maintenance 64254
costs or matching share for actions taken under the "Comprehensive 64255
Environmental Response, Compensation, and Liability Act of 1980," 64256
as amended. If those moneys are reimbursed by grants or other 64257
moneys from the United States or any other person, the moneys 64258
shall be placed in the fund and not in the general revenue fund.64259

       The director of environmental protection may enter into 64260
contracts and grant agreements with federal, state, or local 64261
government agencies, nonprofit organizations, and colleges and 64262
universities for the purpose of carrying out the responsibilities 64263
of the environmental protection agency for which money may be 64264
expended from the fund.64265

       Sec. 3734.282. AllExcept for natural resource damage 64266
assessment costs recovered by the state that are required by 64267
section 3734.28 of the Revised Code to be credited to the 64268
hazardous waste clean-up fund created in that section, all money 64269
collected by the state for natural resources damages under the 64270
"Comprehensive Environmental Response, Compensation, and Liability 64271
Act of 1980," 94 Stat. 2767, 42 U.S.C. 9601 et seq., as amended, 64272
the "Oil Pollution Act of 1990," 104 Stat. 484, 33 U.S.C. 2701 et 64273
seq., as amended, the "CleanFederal Water Pollution Control Act," 64274
86 Stat. 862, 33 U.S.C. 1321, as amendeddefined in section 64275
6111.01 of the Revised Code, or any other applicable federal or 64276
state law shall be paid into the state treasury to the credit of 64277
the natural resource damages fund, which is hereby created. The 64278
director of environmental protection shall use money in the fund 64279
only in accordance with the purposes of and the limitations on 64280
natural resources damages set forth in the "Comprehensive 64281
Environmental Response, Compensation, and Liability Act of 1980," 64282
as amended, the "Oil Pollution Act of 1990," as amended, the 64283
"CleanFederal Water Pollution Control Act," as amended, or 64284
another applicable federal or state law. All investment earnings 64285
of the fund shall be credited to the fund.64286

       The director of environmental protection may enter into 64287
contracts and grant agreements with federal, state, or local 64288
government agencies, nonprofit organizations, and colleges and 64289
universities for the purpose of carrying out the director's 64290
responsibilities for which money may be expended from the fund.64291

       Sec. 3734.57.  (A) The following fees are hereby levied on 64292
the transfer or disposal of solid wastes in this state:64293

       (1) One dollar per ton on and after July 1, 2003, through 64294
June 30, 20122014, one-half of the proceeds of which shall be 64295
deposited in the state treasury to the credit of the hazardous 64296
waste facility management fund created in section 3734.18 of the 64297
Revised Code and one-half of the proceeds of which shall be 64298
deposited in the state treasury to the credit of the hazardous 64299
waste clean-up fund created in section 3734.28 of the Revised 64300
Code;64301

       (2) An additional one dollar per ton on and after July 1, 64302
2003, through June 30, 20122014, the proceeds of which shall be 64303
deposited in the state treasury to the credit of the solid waste 64304
fund, which is hereby created. The environmental protection agency 64305
shall use money in the solid waste fund to pay the costs of 64306
administering and enforcing the laws pertaining to solid wastes, 64307
infectious wastes, and construction and demolition debris, 64308
including, without limitation, ground water evaluations related to 64309
solid wastes, infectious wastes, and construction and demolition 64310
debris, under this chapter and Chapter 3714. of the Revised Code 64311
and any rules adopted under them, providing compliance assistance 64312
to small businesses, and paying a share of the administrative 64313
costs of the environmental protection agency pursuant to section 64314
3745.014 of the Revised Code.64315

        (3) An additional one dollartwo dollars and fifty cents per 64316
ton on and after July 1, 2005, through June 30, 20122014, the 64317
proceeds of which shall be deposited in the state treasury to the 64318
credit of the environmental protection fund created in section 64319
3745.015 of the Revised Code;64320

       (4) An additional one dollar per ton on and after August 1, 64321
2009, through June 30, 2012, the proceeds of which shall be 64322
deposited in the state treasury to the credit of the environmental 64323
protection fund.64324

       (5) An additional twenty-five cents per ton on and after 64325
August 1, 2009, through June 30, 20122013, the proceeds of which 64326
shall be deposited in the state treasury to the credit of the soil 64327
and water conservation district assistance fund created in section 64328
1515.14 of the Revised Code.64329

       In the case of solid wastes that are taken to a solid waste 64330
transfer facility located in this state prior to being transported 64331
for disposal at a solid waste disposal facility located in this 64332
state or outside of this state, the fees levied under this 64333
division shall be collected by the owner or operator of the 64334
transfer facility as a trustee for the state. The amount of fees 64335
required to be collected under this division at such a transfer 64336
facility shall equal the total tonnage of solid wastes received at 64337
the facility multiplied by the fees levied under this division. In 64338
the case of solid wastes that are not taken to a solid waste 64339
transfer facility located in this state prior to being transported 64340
to a solid waste disposal facility, the fees shall be collected by 64341
the owner or operator of the solid waste disposal facility as a 64342
trustee for the state. The amount of fees required to be collected 64343
under this division at such a disposal facility shall equal the 64344
total tonnage of solid wastes received at the facility that was 64345
not previously taken to a solid waste transfer facility located in 64346
this state multiplied by the fees levied under this division. Fees 64347
levied under this division do not apply to materials separated 64348
from a mixed waste stream for recycling by a generator or 64349
materials removed from the solid waste stream through recycling, 64350
as "recycling" is defined in rules adopted under section 3734.02 64351
of the Revised Code.64352

       The owner or operator of a solid waste transfer facility or 64353
disposal facility, as applicable, shall prepare and file with the 64354
director of environmental protection each month a return 64355
indicating the total tonnage of solid wastes received at the 64356
facility during that month and the total amount of the fees 64357
required to be collected under this division during that month. In 64358
addition, the owner or operator of a solid waste disposal facility 64359
shall indicate on the return the total tonnage of solid wastes 64360
received from transfer facilities located in this state during 64361
that month for which the fees were required to be collected by the 64362
transfer facilities. The monthly returns shall be filed on a form 64363
prescribed by the director. Not later than thirty days after the 64364
last day of the month to which a return applies, the owner or 64365
operator shall mail to the director the return for that month 64366
together with the fees required to be collected under this 64367
division during that month as indicated on the return or may 64368
submit the return and fees electronically in a manner approved by 64369
the director. If the return is filed and the amount of the fees 64370
due is paid in a timely manner as required in this division, the 64371
owner or operator may retain a discount of three-fourths of one 64372
per cent of the total amount of the fees that are required to be 64373
paid as indicated on the return.64374

        The owner or operator may request an extension of not more 64375
than thirty days for filing the return and remitting the fees, 64376
provided that the owner or operator has submitted such a request 64377
in writing to the director together with a detailed description of 64378
why the extension is requested, the director has received the 64379
request not later than the day on which the return is required to 64380
be filed, and the director has approved the request. If the fees 64381
are not remitted within thirty days after the last day of the 64382
month to which the return applies or are not remitted by the last 64383
day of an extension approved by the director, the owner or 64384
operator shall not retain the three-fourths of one per cent 64385
discount and shall pay an additional ten per cent of the amount of 64386
the fees for each month that they are late. For purposes of 64387
calculating the late fee, the first month in which fees are late 64388
begins on the first day after the deadline has passed for timely 64389
submitting the return and fees, and one additional month shall be 64390
counted every thirty days thereafter.64391

       The owner or operator of a solid waste facility may request a 64392
refund or credit of fees levied under this division and remitted 64393
to the director that have not been paid to the owner or operator. 64394
Such a request shall be made only if the fees have not been 64395
collected by the owner or operator, have become a debt that has 64396
become worthless or uncollectable for a period of six months or 64397
more, and may be claimed as a deduction, including a deduction 64398
claimed if the owner or operator keeps accounts on an accrual 64399
basis, under the "Internal Revenue Code of 1954," 68A Stat. 50, 26 64400
U.S.C. 166, as amended, and regulations adopted under it. Prior to 64401
making a request for a refund or credit, an owner or operator 64402
shall make reasonable efforts to collect the applicable fees. A 64403
request for a refund or credit shall not include any costs 64404
resulting from those efforts to collect unpaid fees.64405

       A request for a refund or credit of fees shall be made in 64406
writing, on a form prescribed by the director, and shall be 64407
supported by evidence that may be required in rules adopted by the 64408
director under this chapter. After reviewing the request, and if 64409
the request and evidence submitted with the request indicate that 64410
a refund or credit is warranted, the director shall grant a refund 64411
to the owner or operator or shall permit a credit to be taken by 64412
the owner or operator on a subsequent monthly return submitted by 64413
the owner or operator. The amount of a refund or credit shall not 64414
exceed an amount that is equal to ninety days' worth of fees owed 64415
to an owner or operator by a particular debtor of the owner or 64416
operator. A refund or credit shall not be granted by the director 64417
to an owner or operator more than once in any twelve-month period 64418
for fees owed to the owner or operator by a particular debtor.64419

       If, after receiving a refund or credit from the director, an 64420
owner or operator receives payment of all or part of the fees, the 64421
owner or operator shall remit the fees with the next monthly 64422
return submitted to the director together with a written 64423
explanation of the reason for the submittal.64424

        For purposes of computing the fees levied under this division 64425
or division (B) of this section, any solid waste transfer or 64426
disposal facility that does not use scales as a means of 64427
determining gate receipts shall use a conversion factor of three 64428
cubic yards per ton of solid waste or one cubic yard per ton for 64429
baled waste, as applicable.64430

       The fees levied under this division and divisions (B) and (C) 64431
of this section are in addition to all other applicable fees and 64432
taxes and shall be paid by the customer or a political subdivision 64433
to the owner or operator of a solid waste transfer or disposal 64434
facility. In the alternative, the fees shall be paid by a customer 64435
or political subdivision to a transporter of waste who 64436
subsequently transfers the fees to the owner or operator of such a 64437
facility. The fees shall be paid notwithstanding the existence of 64438
any provision in a contract that the customer or a political 64439
subdivision may have with the owner or operator or with a 64440
transporter of waste to the facility that would not require or 64441
allow such payment regardless of whether the contract was entered 64442
prior to or after the effective date of this amendment. For those 64443
purposes, "customer" means a person who contracts with, or 64444
utilizes the solid waste services of, the owner or operator of a 64445
solid waste transfer or disposal facility or a transporter of 64446
solid waste to such a facility.64447

       (B) For the purposes specified in division (G) of this 64448
section, the solid waste management policy committee of a county 64449
or joint solid waste management district may levy fees upon the 64450
following activities:64451

       (1) The disposal at a solid waste disposal facility located 64452
in the district of solid wastes generated within the district;64453

       (2) The disposal at a solid waste disposal facility within 64454
the district of solid wastes generated outside the boundaries of 64455
the district, but inside this state;64456

       (3) The disposal at a solid waste disposal facility within 64457
the district of solid wastes generated outside the boundaries of 64458
this state.64459

        The solid waste management plan of the county or joint 64460
district approved under section 3734.521 or 3734.55 of the Revised 64461
Code and any amendments to it, or the resolution adopted under 64462
this division, as appropriate, shall establish the rates of the 64463
fees levied under divisions (B)(1), (2), and (3) of this section, 64464
if any, and shall specify whether the fees are levied on the basis 64465
of tons or cubic yards as the unit of measurement. A solid waste 64466
management district that levies fees under this division on the 64467
basis of cubic yards shall do so in accordance with division (A) 64468
of this section.64469

        The fee levied under division (B)(1) of this section shall be 64470
not less than one dollar per ton nor more than two dollars per 64471
ton, the fee levied under division (B)(2) of this section shall be 64472
not less than two dollars per ton nor more than four dollars per 64473
ton, and the fee levied under division (B)(3) of this section 64474
shall be not more than the fee levied under division (B)(1) of 64475
this section.64476

       Prior to the approval of the solid waste management plan of a 64477
district under section 3734.55 of the Revised Code, the solid 64478
waste management policy committee of a district may levy fees 64479
under this division by adopting a resolution establishing the 64480
proposed amount of the fees. Upon adopting the resolution, the 64481
committee shall deliver a copy of the resolution to the board of 64482
county commissioners of each county forming the district and to 64483
the legislative authority of each municipal corporation and 64484
township under the jurisdiction of the district and shall prepare 64485
and publish the resolution and a notice of the time and location 64486
where a public hearing on the fees will be held. Upon adopting the 64487
resolution, the committee shall deliver written notice of the 64488
adoption of the resolution; of the amount of the proposed fees; 64489
and of the date, time, and location of the public hearing to the 64490
director and to the fifty industrial, commercial, or institutional 64491
generators of solid wastes within the district that generate the 64492
largest quantities of solid wastes, as determined by the 64493
committee, and to their local trade associations. The committee 64494
shall make good faith efforts to identify those generators within 64495
the district and their local trade associations, but the 64496
nonprovision of notice under this division to a particular 64497
generator or local trade association does not invalidate the 64498
proceedings under this division. The publication shall occur at 64499
least thirty days before the hearing. After the hearing, the 64500
committee may make such revisions to the proposed fees as it 64501
considers appropriate and thereafter, by resolution, shall adopt 64502
the revised fee schedule. Upon adopting the revised fee schedule, 64503
the committee shall deliver a copy of the resolution doing so to 64504
the board of county commissioners of each county forming the 64505
district and to the legislative authority of each municipal 64506
corporation and township under the jurisdiction of the district. 64507
Within sixty days after the delivery of a copy of the resolution 64508
adopting the proposed revised fees by the policy committee, each 64509
such board and legislative authority, by ordinance or resolution, 64510
shall approve or disapprove the revised fees and deliver a copy of 64511
the ordinance or resolution to the committee. If any such board or 64512
legislative authority fails to adopt and deliver to the policy 64513
committee an ordinance or resolution approving or disapproving the 64514
revised fees within sixty days after the policy committee 64515
delivered its resolution adopting the proposed revised fees, it 64516
shall be conclusively presumed that the board or legislative 64517
authority has approved the proposed revised fees. The committee 64518
shall determine if the resolution has been ratified in the same 64519
manner in which it determines if a draft solid waste management 64520
plan has been ratified under division (B) of section 3734.55 of 64521
the Revised Code.64522

       The committee may amend the schedule of fees levied pursuant 64523
to a resolution adopted and ratified under this division by 64524
adopting a resolution establishing the proposed amount of the 64525
amended fees. The committee may repeal the fees levied pursuant to 64526
such a resolution by adopting a resolution proposing to repeal 64527
them. Upon adopting such a resolution, the committee shall proceed 64528
to obtain ratification of the resolution in accordance with this 64529
division.64530

       Not later than fourteen days after declaring the new fees to 64531
be ratified or the fees to be repealed under this division, the 64532
committee shall notify by certified mail the owner or operator of 64533
each solid waste disposal facility that is required to collect the 64534
fees of the ratification and the amount of the fees or of the 64535
repeal of the fees. Collection of any fees shall commence or 64536
collection of repealed fees shall cease on the first day of the 64537
second month following the month in which notification is sent to 64538
the owner or operator.64539

       Fees levied under this division also may be established, 64540
amended, or repealed by a solid waste management policy committee 64541
through the adoption of a new district solid waste management 64542
plan, the adoption of an amended plan, or the amendment of the 64543
plan or amended plan in accordance with sections 3734.55 and 64544
3734.56 of the Revised Code or the adoption or amendment of a 64545
district plan in connection with a change in district composition 64546
under section 3734.521 of the Revised Code.64547

       Not later than fourteen days after the director issues an 64548
order approving a district's solid waste management plan, amended 64549
plan, or amendment to a plan or amended plan that establishes, 64550
amends, or repeals a schedule of fees levied by the district, the 64551
committee shall notify by certified mail the owner or operator of 64552
each solid waste disposal facility that is required to collect the 64553
fees of the approval of the plan or amended plan, or the amendment 64554
to the plan, as appropriate, and the amount of the fees, if any. 64555
In the case of an initial or amended plan approved under section 64556
3734.521 of the Revised Code in connection with a change in 64557
district composition, other than one involving the withdrawal of a 64558
county from a joint district, the committee, within fourteen days 64559
after the change takes effect pursuant to division (G) of that 64560
section, shall notify by certified mail the owner or operator of 64561
each solid waste disposal facility that is required to collect the 64562
fees that the change has taken effect and of the amount of the 64563
fees, if any. Collection of any fees shall commence or collection 64564
of repealed fees shall cease on the first day of the second month 64565
following the month in which notification is sent to the owner or 64566
operator.64567

       If, in the case of a change in district composition involving 64568
the withdrawal of a county from a joint district, the director 64569
completes the actions required under division (G)(1) or (3) of 64570
section 3734.521 of the Revised Code, as appropriate, forty-five 64571
days or more before the beginning of a calendar year, the policy 64572
committee of each of the districts resulting from the change that 64573
obtained the director's approval of an initial or amended plan in 64574
connection with the change, within fourteen days after the 64575
director's completion of the required actions, shall notify by 64576
certified mail the owner or operator of each solid waste disposal 64577
facility that is required to collect the district's fees that the 64578
change is to take effect on the first day of January immediately 64579
following the issuance of the notice and of the amount of the fees 64580
or amended fees levied under divisions (B)(1) to (3) of this 64581
section pursuant to the district's initial or amended plan as so 64582
approved or, if appropriate, the repeal of the district's fees by 64583
that initial or amended plan. Collection of any fees set forth in 64584
such a plan or amended plan shall commence on the first day of 64585
January immediately following the issuance of the notice. If such 64586
an initial or amended plan repeals a schedule of fees, collection 64587
of the fees shall cease on that first day of January.64588

       If, in the case of a change in district composition involving 64589
the withdrawal of a county from a joint district, the director 64590
completes the actions required under division (G)(1) or (3) of 64591
section 3734.521 of the Revised Code, as appropriate, less than 64592
forty-five days before the beginning of a calendar year, the 64593
director, on behalf of each of the districts resulting from the 64594
change that obtained the director's approval of an initial or 64595
amended plan in connection with the change proceedings, shall 64596
notify by certified mail the owner or operator of each solid waste 64597
disposal facility that is required to collect the district's fees 64598
that the change is to take effect on the first day of January 64599
immediately following the mailing of the notice and of the amount 64600
of the fees or amended fees levied under divisions (B)(1) to (3) 64601
of this section pursuant to the district's initial or amended plan 64602
as so approved or, if appropriate, the repeal of the district's 64603
fees by that initial or amended plan. Collection of any fees set 64604
forth in such a plan or amended plan shall commence on the first 64605
day of the second month following the month in which notification 64606
is sent to the owner or operator. If such an initial or amended 64607
plan repeals a schedule of fees, collection of the fees shall 64608
cease on the first day of the second month following the month in 64609
which notification is sent to the owner or operator.64610

        If the schedule of fees that a solid waste management 64611
district is levying under divisions (B)(1) to (3) of this section 64612
is amended or repealed, the fees in effect immediately prior to 64613
the amendment or repeal shall continue to be collected until 64614
collection of the amended fees commences or collection of the 64615
repealed fees ceases, as applicable, as specified in this 64616
division. In the case of a change in district composition, money 64617
so received from the collection of the fees of the former 64618
districts shall be divided among the resulting districts in 64619
accordance with division (B) of section 343.012 of the Revised 64620
Code and the agreements entered into under division (B) of section 64621
343.01 of the Revised Code to establish the former and resulting 64622
districts and any amendments to those agreements.64623

       For the purposes of the provisions of division (B) of this 64624
section establishing the times when newly established or amended 64625
fees levied by a district are required to commence and the 64626
collection of fees that have been amended or repealed is required 64627
to cease, "fees" or "schedule of fees" includes, in addition to 64628
fees levied under divisions (B)(1) to (3) of this section, those 64629
levied under section 3734.573 or 3734.574 of the Revised Code.64630

       (C) For the purposes of defraying the added costs to a 64631
municipal corporation or township of maintaining roads and other 64632
public facilities and of providing emergency and other public 64633
services, and compensating a municipal corporation or township for 64634
reductions in real property tax revenues due to reductions in real 64635
property valuations resulting from the location and operation of a 64636
solid waste disposal facility within the municipal corporation or 64637
township, a municipal corporation or township in which such a 64638
solid waste disposal facility is located may levy a fee of not 64639
more than twenty-five cents per ton on the disposal of solid 64640
wastes at a solid waste disposal facility located within the 64641
boundaries of the municipal corporation or township regardless of 64642
where the wastes were generated.64643

       The legislative authority of a municipal corporation or 64644
township may levy fees under this division by enacting an 64645
ordinance or adopting a resolution establishing the amount of the 64646
fees. Upon so doing the legislative authority shall mail a 64647
certified copy of the ordinance or resolution to the board of 64648
county commissioners or directors of the county or joint solid 64649
waste management district in which the municipal corporation or 64650
township is located or, if a regional solid waste management 64651
authority has been formed under section 343.011 of the Revised 64652
Code, to the board of trustees of that regional authority, the 64653
owner or operator of each solid waste disposal facility in the 64654
municipal corporation or township that is required to collect the 64655
fee by the ordinance or resolution, and the director of 64656
environmental protection. Although the fees levied under this 64657
division are levied on the basis of tons as the unit of 64658
measurement, the legislative authority, in its ordinance or 64659
resolution levying the fees under this division, may direct that 64660
the fees be levied on the basis of cubic yards as the unit of 64661
measurement based upon a conversion factor of three cubic yards 64662
per ton generally or one cubic yard per ton for baled wastes.64663

       Not later than five days after enacting an ordinance or 64664
adopting a resolution under this division, the legislative 64665
authority shall so notify by certified mail the owner or operator 64666
of each solid waste disposal facility that is required to collect 64667
the fee. Collection of any fee levied on or after March 24, 1992, 64668
shall commence on the first day of the second month following the 64669
month in which notification is sent to the owner or operator.64670

       (D)(1) The fees levied under divisions (A), (B), and (C) of 64671
this section do not apply to the disposal of solid wastes that:64672

       (a) Are disposed of at a facility owned by the generator of 64673
the wastes when the solid waste facility exclusively disposes of 64674
solid wastes generated at one or more premises owned by the 64675
generator regardless of whether the facility is located on a 64676
premises where the wastes are generated;64677

       (b) Are disposed of at facilities that exclusively dispose of 64678
wastes that are generated from the combustion of coal, or from the 64679
combustion of primarily coal in combination with scrap tires, that 64680
is not combined in any way with garbage at one or moreregardless 64681
of whether the disposal facility is located on the premises owned 64682
by the generatorwhere the wastes are generated.64683

       (2) Except as provided in section 3734.571 of the Revised 64684
Code, any fees levied under division (B)(1) of this section apply 64685
to solid wastes originating outside the boundaries of a county or 64686
joint district that are covered by an agreement for the joint use 64687
of solid waste facilities entered into under section 343.02 of the 64688
Revised Code by the board of county commissioners or board of 64689
directors of the county or joint district where the wastes are 64690
generated and disposed of.64691

       (3) When solid wastes, other than solid wastes that consist 64692
of scrap tires, are burned in a disposal facility that is an 64693
incinerator or energy recovery facility, the fees levied under 64694
divisions (A), (B), and (C) of this section shall be levied upon 64695
the disposal of the fly ash and bottom ash remaining after burning 64696
of the solid wastes and shall be collected by the owner or 64697
operator of the sanitary landfill where the ash is disposed of.64698

       (4) When solid wastes are delivered to a solid waste transfer 64699
facility, the fees levied under divisions (B) and (C) of this 64700
section shall be levied upon the disposal of solid wastes 64701
transported off the premises of the transfer facility for disposal 64702
and shall be collected by the owner or operator of the solid waste 64703
disposal facility where the wastes are disposed of.64704

       (5) The fees levied under divisions (A), (B), and (C) of this 64705
section do not apply to sewage sludge that is generated by a waste 64706
water treatment facility holding a national pollutant discharge 64707
elimination system permit and that is disposed of through 64708
incineration, land application, or composting or at another 64709
resource recovery or disposal facility that is not a landfill.64710

       (6) The fees levied under divisions (A), (B), and (C) of this 64711
section do not apply to solid wastes delivered to a solid waste 64712
composting facility for processing. When any unprocessed solid 64713
waste or compost product is transported off the premises of a 64714
composting facility and disposed of at a landfill, the fees levied 64715
under divisions (A), (B), and (C) of this section shall be 64716
collected by the owner or operator of the landfill where the 64717
unprocessed waste or compost product is disposed of.64718

       (7) When solid wastes that consist of scrap tires are 64719
processed at a scrap tire recovery facility, the fees levied under 64720
divisions (A), (B), and (C) of this section shall be levied upon 64721
the disposal of the fly ash and bottom ash or other solid wastes 64722
remaining after the processing of the scrap tires and shall be 64723
collected by the owner or operator of the solid waste disposal 64724
facility where the ash or other solid wastes are disposed of.64725

       (8) The director of environmental protection may issue an 64726
order exempting from the fees levied under this section solid 64727
wastes, including, but not limited to, scrap tires, that are 64728
generated, transferred, or disposed of as a result of a contract 64729
providing for the expenditure of public funds entered into by the 64730
administrator or regional administrator of the United States 64731
environmental protection agency, the director of environmental 64732
protection, or the director of administrative services on behalf 64733
of the director of environmental protection for the purpose of 64734
remediating conditions at a hazardous waste facility, solid waste 64735
facility, or other location at which the administrator or regional 64736
administrator or the director of environmental protection has 64737
reason to believe that there is a substantial threat to public 64738
health or safety or the environment or that the conditions are 64739
causing or contributing to air or water pollution or soil 64740
contamination. An order issued by the director of environmental 64741
protection under division (D)(8) of this section shall include a 64742
determination that the amount of the fees not received by a solid 64743
waste management district as a result of the order will not 64744
adversely impact the implementation and financing of the 64745
district's approved solid waste management plan and any approved 64746
amendments to the plan. Such an order is a final action of the 64747
director of environmental protection.64748

       (E) The fees levied under divisions (B) and (C) of this 64749
section shall be collected by the owner or operator of the solid 64750
waste disposal facility where the wastes are disposed of as a 64751
trustee for the county or joint district and municipal corporation 64752
or township where the wastes are disposed of. Moneys from the fees 64753
levied under division (B) of this section shall be forwarded to 64754
the board of county commissioners or board of directors of the 64755
district in accordance with rules adopted under division (H) of 64756
this section. Moneys from the fees levied under division (C) of 64757
this section shall be forwarded to the treasurer or such other 64758
officer of the municipal corporation as, by virtue of the charter, 64759
has the duties of the treasurer or to the fiscal officer of the 64760
township, as appropriate, in accordance with those rules.64761

       (F) Moneys received by the treasurer or other officer of the 64762
municipal corporation under division (E) of this section shall be 64763
paid into the general fund of the municipal corporation. Moneys 64764
received by the fiscal officer of the township under that division 64765
shall be paid into the general fund of the township. The treasurer 64766
or other officer of the municipal corporation or the township 64767
fiscal officer, as appropriate, shall maintain separate records of 64768
the moneys received from the fees levied under division (C) of 64769
this section.64770

       (G) Moneys received by the board of county commissioners or 64771
board of directors under division (E) of this section or section 64772
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code 64773
shall be paid to the county treasurer, or other official acting in 64774
a similar capacity under a county charter, in a county district or 64775
to the county treasurer or other official designated by the board 64776
of directors in a joint district and kept in a separate and 64777
distinct fund to the credit of the district. If a regional solid 64778
waste management authority has been formed under section 343.011 64779
of the Revised Code, moneys received by the board of trustees of 64780
that regional authority under division (E) of this section shall 64781
be kept by the board in a separate and distinct fund to the credit 64782
of the district. Moneys in the special fund of the county or joint 64783
district arising from the fees levied under division (B) of this 64784
section and the fee levied under division (A) of section 3734.573 64785
of the Revised Code shall be expended by the board of county 64786
commissioners or directors of the district in accordance with the 64787
district's solid waste management plan or amended plan approved 64788
under section 3734.521, 3734.55, or 3734.56 of the Revised Code 64789
exclusively for the following purposes:64790

       (1) Preparation of the solid waste management plan of the 64791
district under section 3734.54 of the Revised Code, monitoring 64792
implementation of the plan, and conducting the periodic review and 64793
amendment of the plan required by section 3734.56 of the Revised 64794
Code by the solid waste management policy committee;64795

       (2) Implementation of the approved solid waste management 64796
plan or amended plan of the district, including, without 64797
limitation, the development and implementation of solid waste 64798
recycling or reduction programs;64799

       (3) Providing financial assistance to boards of health within 64800
the district, if solid waste facilities are located within the 64801
district, for enforcement of this chapter and rules, orders, and 64802
terms and conditions of permits, licenses, and variances adopted 64803
or issued under it, other than the hazardous waste provisions of 64804
this chapter and rules adopted and orders and terms and conditions 64805
of permits issued under those provisions;64806

       (4) Providing financial assistance to each county within the 64807
district to defray the added costs of maintaining roads and other 64808
public facilities and of providing emergency and other public 64809
services resulting from the location and operation of a solid 64810
waste facility within the county under the district's approved 64811
solid waste management plan or amended plan;64812

       (5) Pursuant to contracts entered into with boards of health 64813
within the district, if solid waste facilities contained in the 64814
district's approved plan or amended plan are located within the 64815
district, for paying the costs incurred by those boards of health 64816
for collecting and analyzing samples from public or private water 64817
wells on lands adjacent to those facilities;64818

       (6) Developing and implementing a program for the inspection 64819
of solid wastes generated outside the boundaries of this state 64820
that are disposed of at solid waste facilities included in the 64821
district's approved solid waste management plan or amended plan;64822

       (7) Providing financial assistance to boards of health within 64823
the district for the enforcement of section 3734.03 of the Revised 64824
Code or to local law enforcement agencies having jurisdiction 64825
within the district for enforcing anti-littering laws and 64826
ordinances;64827

       (8) Providing financial assistance to boards of health of 64828
health districts within the district that are on the approved list 64829
under section 3734.08 of the Revised Code to defray the costs to 64830
the health districts for the participation of their employees 64831
responsible for enforcement of the solid waste provisions of this 64832
chapter and rules adopted and orders and terms and conditions of 64833
permits, licenses, and variances issued under those provisions in 64834
the training and certification program as required by rules 64835
adopted under division (L) of section 3734.02 of the Revised Code;64836

       (9) Providing financial assistance to individual municipal 64837
corporations and townships within the district to defray their 64838
added costs of maintaining roads and other public facilities and 64839
of providing emergency and other public services resulting from 64840
the location and operation within their boundaries of a 64841
composting, energy or resource recovery, incineration, or 64842
recycling facility that either is owned by the district or is 64843
furnishing solid waste management facility or recycling services 64844
to the district pursuant to a contract or agreement with the board 64845
of county commissioners or directors of the district;64846

       (10) Payment of any expenses that are agreed to, awarded, or 64847
ordered to be paid under section 3734.35 of the Revised Code and 64848
of any administrative costs incurred pursuant to that section. In 64849
the case of a joint solid waste management district, if the board 64850
of county commissioners of one of the counties in the district is 64851
negotiating on behalf of affected communities, as defined in that 64852
section, in that county, the board shall obtain the approval of 64853
the board of directors of the district in order to expend moneys 64854
for administrative costs incurred.64855

       Prior to the approval of the district's solid waste 64856
management plan under section 3734.55 of the Revised Code, moneys 64857
in the special fund of the district arising from the fees shall be 64858
expended for those purposes in the manner prescribed by the solid 64859
waste management policy committee by resolution.64860

       Notwithstanding division (G)(6) of this section as it existed 64861
prior to October 29, 1993, or any provision in a district's solid 64862
waste management plan prepared in accordance with division 64863
(B)(2)(e) of section 3734.53 of the Revised Code as it existed 64864
prior to that date, any moneys arising from the fees levied under 64865
division (B)(3) of this section prior to January 1, 1994, may be 64866
expended for any of the purposes authorized in divisions (G)(1) to 64867
(10) of this section.64868

       (H) The director shall adopt rules in accordance with Chapter 64869
119. of the Revised Code prescribing procedures for collecting and 64870
forwarding the fees levied under divisions (B) and (C) of this 64871
section to the boards of county commissioners or directors of 64872
county or joint solid waste management districts and to the 64873
treasurers or other officers of municipal corporations and the 64874
fiscal officers of townships. The rules also shall prescribe the 64875
dates for forwarding the fees to the boards and officials and may 64876
prescribe any other requirements the director considers necessary 64877
or appropriate to implement and administer divisions (A), (B), and 64878
(C) of this section.64879

       Sec. 3734.85.  (A) On and after the effective date of the 64880
rules adopted under sections 3734.70, 3734.71, 3734.72, and 64881
3734.73 of the Revised Code, the director of environmental 64882
protection may take action under this section to abate 64883
accumulations of scrap tires. If the director determines that an 64884
accumulation of scrap tires constitutes a danger to the public 64885
health or safety or to the environment, the director shall issue 64886
an order under section 3734.13 of the Revised Code to the person 64887
responsible for the accumulation of scrap tires directing that 64888
person, within one hundred twenty days after the issuance of the 64889
order, to remove the accumulation of scrap tires from the premises 64890
on which it is located and transport the tires to a scrap tire 64891
storage, monocell, monofill, or recovery facility licensed under 64892
section 3734.81 of the Revised Code, to such a facility in another 64893
state operating in compliance with the laws of the state in which 64894
it is located, or to any other solid waste disposal facility in 64895
another state that is operating in compliance with the laws of 64896
that state. If the person responsible for causing the accumulation 64897
of scrap tires is a person different from the owner of the land on 64898
which the accumulation is located, the director may issue such an 64899
order to the landowner.64900

       If the director is unable to ascertain immediately the 64901
identity of the person responsible for causing the accumulation of 64902
scrap tires, the director shall examine the records of the 64903
applicable board of health and law enforcement agencies to 64904
ascertain that person's identity. Before initiating any 64905
enforcement or removal actions under this division against the 64906
owner of the land on which the accumulation is located, the 64907
director shall initiate any such actions against the person that 64908
the director has identified as responsible for causing the 64909
accumulation of scrap tires. Failure of the director to make 64910
diligent efforts to ascertain the identity of the person 64911
responsible for causing the accumulation of scrap tires or to 64912
initiate an action against the person responsible for causing the 64913
accumulation shall not constitute an affirmative defense by a 64914
landowner to an enforcement action initiated by the director under 64915
this division requiring immediate removal of any accumulation of 64916
scrap tires.64917

       Upon the written request of the recipient of an order issued 64918
under this division, the director may extend the time for 64919
compliance with the order if the request demonstrates that the 64920
recipient has acted in good faith to comply with the order. If the 64921
recipient of an order issued under this division fails to comply 64922
with the order within one hundred twenty days after the issuance 64923
of the order or, if the time for compliance with the order was so 64924
extended, within that time, the director shall take such actions 64925
as the director considers reasonable and necessary to remove and 64926
properly manage the scrap tires located on the land named in the 64927
order. The director, through employees of the environmental 64928
protection agency or a contractor, may enter upon the land on 64929
which the accumulation of scrap tires is located and remove and 64930
transport them to a scrap tire recovery facility for processing, 64931
to a scrap tire storage facility for storage, or to a scrap tire 64932
monocell or monofill facility for storage or disposal.64933

       The director shall enter into contracts with the owners or 64934
operators of scrap tire storage, monocell, monofill, or recovery 64935
facilities for the storage, disposal, or processing of scrap tires 64936
removed through removal operations conducted under this section. 64937
In doing so, the director shall give preference to scrap tire 64938
recovery facilities.64939

       If a person to whom a removal order is issued under this 64940
division fails to comply with the order and if the director 64941
performs a removal action under this section, the person to whom 64942
the removal order is issued is liable to the director for the 64943
costs incurred by the director for conducting the removal 64944
operation, storage at a scrap tire storage facility, storage or 64945
disposal at a scrap tire monocell or monofill facility, or 64946
processing of the scrap tires so removed, the transportation of 64947
the scrap tires from the site of the accumulation to the scrap 64948
tire storage, monocell, monofill, or recovery facility where the 64949
scrap tires were stored, disposed of, or processed, and the 64950
administrative and legal expenses incurred by the director in 64951
connection with the removal operation. The director shall keep an 64952
itemized record of those costs. Upon completion of the actions for 64953
which the costs were incurred, the director shall record the costs 64954
at the office of the county recorder of the county in which the 64955
accumulation of scrap tires was located. The costs so recorded 64956
constitute a lien on the property on which the accumulation of 64957
scrap tires was located until discharged. Upon the written request 64958
of the director, the attorney general shall bring a civil action 64959
against the person responsible for the accumulation of the scrap 64960
tires that were the subject of the removal operation to recover 64961
the costs for which the person is liable under this division. Any 64962
money so received or recovered shall be credited to the scrap tire 64963
management fund created in section 3734.82 of the Revised Code.64964

       If, in a civil action brought under this division, an owner 64965
of real property is ordered to pay to the director the costs of a 64966
removal action that removed an accumulation of scrap tires from 64967
the person's land or if a lien is placed on the person's land for 64968
the costs of such a removal action, and, in either case, if the 64969
landowner was not the person responsible for causing the 64970
accumulation of scrap tires so removed, the landowner may bring a 64971
civil action against the person who was responsible for causing 64972
the accumulation to recover the amount of the removal costs that 64973
the court ordered the landowner to pay to the director or the 64974
amount of the removal costs certified to the county recorder as a 64975
lien on the landowner's property, whichever is applicable. If the 64976
landowner prevails in the civil action against the person who was 64977
responsible for causing the accumulation of scrap tires, the 64978
court, as it considers appropriate, may award to the landowner the 64979
reasonable attorney's fees incurred by the landowner for bringing 64980
the action, court costs, and other reasonable expenses incurred by 64981
the landowner in connection with the civil action. A landowner 64982
shall bring such a civil action within two years after making the 64983
final payment of the removal costs to the director pursuant to the 64984
judgment rendered against the landowner in the civil action 64985
brought under this division upon the director's request or within 64986
two years after the director certified the costs of the removal 64987
action to the county recorder, as appropriate. A person who, at 64988
the time that a removal action was conducted under this division, 64989
owned the land on which the removal action was performed may bring 64990
an action under this division to recover the costs of the removal 64991
action from the person responsible for causing the accumulation of 64992
scrap tires so removed regardless of whether the person owns the 64993
land at the time of bringing the action.64994

       Subject to the limitations set forth in division (G) of 64995
section 3734.82 of the Revised Code, the director may use moneys 64996
in the scrap tire management fund for conducting removal actions 64997
under this division. Any moneys recovered under this division 64998
shall be credited to the scrap tire management fund.64999

       (B) The director shall initiate enforcement and removal 65000
actions under division (A) of this section in accordance with the 65001
following descending listing of priorities:65002

       (1) Accumulations of scrap tires that the director finds 65003
constitute a fire hazard or threat to public health;65004

       (2) Accumulations of scrap tires determined by the director 65005
to contain more than one million scrap tires;65006

       (3) Accumulations of scrap tires in densely populated areas;65007

       (4) Other accumulations of scrap tires that the director or 65008
board of health of the health district in which the accumulation 65009
is located determines constitute a public nuisance;65010

       (5) Any other accumulations of scrap tires present on 65011
premises operating without a valid license issued under section 65012
3734.05 or 3734.81 of the Revised Code.65013

       (C) The director shall not take enforcement and removal 65014
actions under division (A) of this section against the owner or 65015
operator of, or the owner of the land on which is located, any of 65016
the following:65017

       (1) A premises where not more than one hundred scrap tires 65018
are present at any time;65019

       (2) The premises of a business engaging in the sale of tires 65020
at retail that meets either of the following criteria:65021

       (a) Not more than one thousand scrap tires are present on the 65022
premises at any time in an unsecured, uncovered outdoor location.65023

       (b) Any number of scrap tires are secured in a building or a 65024
covered, enclosed container, trailer, or installation.65025

       (3) The premises of a tire retreading business, a tire 65026
manufacturing finishing center, or a tire adjustment center on 65027
which is located a single, covered scrap tire storage area where 65028
not more than four thousand scrap tires are stored;65029

       (4) The premises of a business that removes tires from motor 65030
vehicles in the ordinary course of business and on which is 65031
located a single scrap tire storage area that occupies not more 65032
than twenty-five hundred square feet;65033

       (5) A solid waste facility licensed under section 3734.05 of 65034
the Revised Code that stores scrap tires on the surface of the 65035
ground if the total land area on which scrap tires are actually 65036
stored does not exceed ten thousand square feet;65037

       (6) A premises where not more than two hundred fifty scrap 65038
tires are stored or kept for agricultural use;65039

       (7) A construction site where scrap tires are stored for use 65040
or used in road resurfacing or the construction of embankments;65041

       (8) A scrap tire collection, storage, monocell, monofill, or 65042
recovery facility licensed under section 3734.81 of the Revised 65043
Code;65044

       (9) A solid waste incineration or energy recovery facility 65045
that is subject to regulation under this chapter and that burns 65046
scrap tires;65047

       (10) A premises where scrap tires are beneficially used and 65048
for which the notice required by rules adopted under section 65049
3734.84 of the Revised Code has been given;65050

       (11) A transporter registered under section 3734.83 of the 65051
Revised Code that collects and holds scrap tires in a covered 65052
trailer or vehicle for not longer than thirty days prior to 65053
transporting them to their final destination.65054

       (D) Nothing in this section restricts any right any person 65055
may have under statute or common law to enforce or seek 65056
enforcement of any law applicable to the management of scrap 65057
tires, abate a nuisance, or seek any other appropriate relief.65058

       (E) An owner of real property upon which there is located an 65059
accumulation of not more than two thousand scrap tires is not 65060
liable under division (A) of this section for the cost of the 65061
removal of the scrap tires, and no lien shall attach to the 65062
property under this section, if all of the following conditions 65063
are met:65064

       (1) The tires were placed on the property after the owner 65065
acquired title to the property, or the tires were placed on the 65066
property before the owner acquired title to the property and the 65067
owner acquired title to the property by bequest or devise.65068

       (2) The owner of the property did not have knowledge that the 65069
tires were being placed on the property, or the owner posted on 65070
the property signs prohibiting dumping or took other action to 65071
prevent the placing of tires on the property.65072

       (3) The owner of the property did not participate in or 65073
consent to the placing of the tires on the property.65074

       (4) The owner of the property received no financial benefit 65075
from the placing of the tires on the property or otherwise having 65076
the tires on the property.65077

       (5) Title to the property was not transferred to the owner 65078
for the purpose of evading liability under division (A) of this 65079
section.65080

       (6) The person responsible for placing the tires on the 65081
property, in doing so, was not acting as an agent for the owner of 65082
the property.65083

       Sec. 3734.901.  (A)(1) For the purpose of providing revenue 65084
to defray the cost of administering and enforcing the scrap tire 65085
provisions of this chapter, rules adopted under those provisions, 65086
and terms and conditions of orders, variances, and licenses issued 65087
under those provisions; to abate accumulations of scrap tires; to 65088
make grants supporting market development activities for scrap 65089
tires and synthetic rubber from tire manufacturing processes and 65090
tire recycling processes and to support scrap tire amnesty and 65091
cleanup events; to make loans to promote the recycling or recovery 65092
of energy from scrap tires; and to defray the costs of 65093
administering and enforcing sections 3734.90 to 3734.9014 of the 65094
Revised Code, a fee of fifty cents per tire is hereby levied on 65095
the sale of tires. The proceeds of the fee shall be deposited in 65096
the state treasury to the credit of the scrap tire management fund 65097
created in section 3734.82 of the Revised Code. The fee is levied 65098
from the first day of the calendar month that begins next after 65099
thirty days from October 29, 1993, through June 30, 20112013.65100

       (2) Beginning on September 5, 2001July 1, 2011, and ending 65101
on June 30, 20112013, there is hereby levied an additional fee 65102
of fifty cents per tire on the sale of tires the proceeds of which 65103
shall be deposited in the state treasury to the credit of the 65104
scrap tire management fund and be used exclusively for the 65105
purposes specified in division (G)(3) of that section until July 65106
1, 2010, whereupon the proceeds shall be deposited in the state 65107
treasury to the credit of the soil and water conservation district 65108
assistance fund created in section 1515.14 of the Revised Code.65109

       (B) Only one sale of the same article shall be used in 65110
computing the amount of the fee due.65111

       Sec. 3735.36.  When a metropolitan housing authority has 65112
acquired the property necessary for any project, it shall proceed 65113
to make plans and specifications for carrying out such project, 65114
and shall advertise for bids for all work whichthat it desires to 65115
have done by contract, such advertisements to be published as 65116
provided in section 7.16 of the Revised Code or once a week for 65117
two consecutive weeks in a newspaper of general circulation in the 65118
political subdivision in which the project is to be developed. The 65119
contract shall be awarded to the lowest and best bidder.65120

       Sec. 3735.66.  The legislative authorities of municipal 65121
corporations and counties may survey the housing within their 65122
jurisdictions and, after the survey, may adopt resolutions 65123
describing the boundaries of community reinvestment areas which 65124
contain the conditions required for the finding under division (B) 65125
of section 3735.65 of the Revised Code. The findings resulting 65126
from the survey shall be incorporated in the resolution describing 65127
the boundaries of an area. The legislative authority may stipulate 65128
in the resolution that only new structures or remodeling 65129
classified as to use as commercial, industrial, or residential, or 65130
some combination thereof, and otherwise satisfying the 65131
requirements of section 3735.67 of the Revised Code are eligible 65132
for exemption from taxation under that section. If the resolution 65133
does not include such a stipulation, all new structures and 65134
remodeling satisfying the requirements of section 3735.67 of the 65135
Revised Code are eligible for exemption from taxation regardless 65136
of classification. Whether or not the resolution includes such a 65137
stipulation, the classification of the structures or remodeling 65138
eligible for exemption in the area shall at all times be 65139
consistent with zoning restrictions applicable to the area. For 65140
the purposes of sections 3735.65 to 3735.70 of the Revised Code, 65141
whether a structure or remodeling composed of multiple units is 65142
classified as commercial or residential shall be determined by 65143
resolution or ordinance of the legislative authority or, in the 65144
absence of such a determination, by the classification of the use 65145
of the structure or remodeling under the applicable zoning 65146
regulations.65147

       If construction or remodeling classified as residential is 65148
eligible for exemption from taxation, the resolution shall specify 65149
a percentage, not to exceed one hundred per cent, of the assessed 65150
valuation of such property to be exempted. The percentage 65151
specified shall apply to all residential construction or 65152
remodeling for which exemption is granted.65153

       The resolution adopted pursuant to this section shall be 65154
published in a newspaper of general circulation in the municipal 65155
corporation, if the resolution is adopted by the legislative 65156
authority of a municipal corporation, or in a newspaper of general 65157
circulation in the county, if the resolution is adopted by the 65158
legislative authority of the county, once a week for two 65159
consecutive weeks or as provided in section 7.16 of the Revised 65160
Code, immediately following its adoption.65161

       Each legislative authority adopting a resolution pursuant to 65162
this section shall designate a housing officer. In addition, each 65163
such legislative authority, not later than fifteen days after the 65164
adoption of the resolution, shall petition the director of 65165
development for the director to confirm the findings described in 65166
the resolution. The petition shall be accompanied by a copy of the 65167
resolution and by a map of the community reinvestment area in 65168
sufficient detail to denote the specific boundaries of the area 65169
and to indicate zoning restrictions applicable to the area. The 65170
director shall determine whether the findings contained in the 65171
resolution are valid, and whether the classification of structures 65172
or remodeling eligible for exemption under the resolution is 65173
consistent with zoning restrictions applicable to the area as 65174
indicated on the map. Within thirty days of receiving the 65175
petition, the director shall forward the director's determination 65176
to the legislative authority. The legislative authority or housing 65177
officer shall not grant any exemption from taxation under section 65178
3735.67 of the Revised Code until the director forwards the 65179
director's determination to the legislative authority. The 65180
director shall assign to each community reinvestment area a unique 65181
designation by which the area shall be identified for purposes of 65182
sections 3735.65 to 3735.70 of the Revised Code.65183

       If zoning restrictions in any part of a community 65184
reinvestment area are changed at any time after the legislative 65185
authority petitions the director under this section, the 65186
legislative authority shall notify the director and shall submit a 65187
map of the area indicating the new zoning restrictions in the 65188
area.65189

       Sec. 3737.83.  The fire marshal shall, as part of the state 65190
fire code, adopt rules to:65191

       (A) Establish minimum standards of performance for fire 65192
protection equipment and fire fighting equipment;65193

       (B) Establish minimum standards of training, fix minimum 65194
qualifications, and require certificates for all persons who 65195
engage in the business for profit of installing, testing, 65196
repairing, or maintaining fire protection equipment;65197

       (C) Provide for the issuance of certificates required under 65198
division (B) of this section and establish the fees to be charged 65199
for such certificates. A certificate shall be granted, renewed, or 65200
revoked according to rules the fire marshal shall adopt.65201

       (D) Establish minimum standards of flammability for consumer 65202
goods in any case where the federal government or any department 65203
or agency thereof has established, or may from time to time 65204
establish standards of flammability for consumer goods. The 65205
standards established by the fire marshal shall be identical to 65206
the minimum federal standards.65207

       In any case where the federal government or any department or 65208
agency thereof, establishes standards of flammability for consumer 65209
goods subsequent to the adoption of a flammability standard by the 65210
fire marshal, standards previously adopted by the fire marshal 65211
shall not continue in effect to the extent such standards are not 65212
identical to the minimum federal standards.65213

       With respect to the adoption of minimum standards of 65214
flammability, this division shall supersede any authority granted 65215
a political subdivision by any other section of the Revised Code.65216

       (E) Establish minimum standards pursuant to section 5104.05 65217
of the Revised Code for fire prevention and fire safety in child 65218
day-care centers and in type A family day-care homes, as defined 65219
in section 5104.01 of the Revised Code.65220

       (F) Establish minimum standards for fire prevention and 65221
safety an adult group home seeking licensure as an adult care 65222
facility must meet under section 3722.025119.71 of the Revised 65223
Code. The fire marshal shall adopt the rules under this division 65224
in consultation with the directors of mental health and aging and 65225
interested parties designated by the directors of mental health 65226
and aging.65227

       Sec. 3737.841.  As used in this section and section 3737.842 65228
of the Revised Code:65229

       (A) "Public occupancy" means all of the following:65230

       (1) Any state correctional institution as defined in section 65231
2967.01 of the Revised Code and any county, multicounty, 65232
municipal, or municipal-county jail or workhouse;65233

       (2) Any hospital as defined in section 3727.01 of the Revised 65234
Code, any hospital licensed by the department of mental health 65235
under section 5119.20 of the Revised Code, and any institution, 65236
hospital, or other place established, controlled, or supervised by 65237
the department of mental health under Chapter 5119. of the Revised 65238
Code;65239

       (3) Any nursing home, residential care facility, or home for 65240
the aging as defined in section 3721.01 of the Revised Code and 65241
any adult care facility as defined in section 3722.015119.70 of 65242
the Revised Code;65243

       (4) Any child day-care center and any type A family day-care 65244
home as defined in section 5104.01 of the Revised Code;65245

       (5) Any public auditorium or stadium;65246

       (6) Public assembly areas of hotels and motels containing 65247
more than ten articles of seating furniture.65248

       (B) "Sell" includes sell, offer or expose for sale, barter, 65249
trade, deliver, give away, rent, consign, lease, possess for sale, 65250
or dispose of in any other commercial manner.65251

       (C) Except as provided in division (D) of this section, 65252
"seating furniture" means any article of furniture, including 65253
children's furniture, that can be used as a support for an 65254
individual, or hisan individual's limbs or feet, when sitting or 65255
resting in an upright or reclining position and that either:65256

       (1) Is made with loose or attached cushions or pillows;65257

       (2) Is stuffed or filled in whole or in part with any filling 65258
material;65259

       (3) Is or can be stuffed or filled in whole or in part with 65260
any substance or material, concealed by fabric or any other 65261
covering.65262

       "Seating furniture" includes the cushions or pillows 65263
belonging to or forming a part of the furniture, the structural 65264
unit, and the filling material and its container or covering.65265

       (D) "Seating furniture" does not include, except if intended 65266
for use by children or in facilities designed for the care or 65267
treatment of humans, any of the following:65268

       (1) Cushions or pads intended solely for outdoor use;65269

       (2) Any article with a smooth surface that contains no more 65270
than one-half inch of filling material, if that article does not 65271
have an upholstered horizontal surface meeting an upholstered 65272
vertical surface;65273

       (3) Any article manufactured solely for recreational use or 65274
physical fitness purposes, including weight-lifting benches, 65275
gymnasium mats or pads, and sidehorses.65276

       (E) "Filling material" means cotton, wool, kapok, feathers, 65277
down, hair, liquid, or any other natural or manmadeartificial65278
material or substance that is used or can be used as stuffing in 65279
seating furniture.65280

       Sec. 3737.87.  As used in sections 3737.87 to 3737.98 of the 65281
Revised Code:65282

       (A) "Accidental release" means any sudden or nonsudden 65283
release of petroleum that was neither expected nor intended by the 65284
owner or operator of the applicable underground storage tank 65285
system and that results in the need for corrective action or 65286
compensation for bodily injury or property damage.65287

       (B) "Corrective action" means any action necessary to protect 65288
human health and the environment in the event of a release of 65289
petroleum into the environment, including, without limitation, any 65290
action necessary to monitor, assess, and evaluate the release. In 65291
the instance of a suspected release, the term"corrective action"65292
includes, without limitation, an investigation to confirm or 65293
disprove the occurrence of the release. In the instance of a 65294
confirmed release, the term"corrective action" includes, without 65295
limitation, the initial corrective action taken under section 65296
3737.88 or 3737.882 of the Revised Code and rules adopted or 65297
orders issued under those sections and any action taken consistent 65298
with a remedial action to clean up contaminated ground water, 65299
surface water, soils, and subsurface material and to address the 65300
residual effects of a release after the initial corrective action 65301
is taken.65302

       (C) "Eligible lending institution" means a financial 65303
institution that is eligible to make commercial loans, is a public 65304
depository of state funds under section 135.03 of the Revised 65305
Code, and agrees to participate in the petroleum underground 65306
storage tank linked deposit program provided for in sections 65307
3737.95 to 3737.98 of the Revised Code.65308

       (D) "Eligible owner" means any person that owns six or fewer 65309
petroleum underground storage tanks comprising a petroleum 65310
underground storage tank or underground storage tank system.65311

       (E) "Installer" means a person who supervises the 65312
installation of, performance of major repairs on site to, 65313
abandonment of, or removal of underground storage tank systems.65314

       (F) "Major repair" means the restoration of a tank or an 65315
underground storage tank system component that has caused a 65316
release of a product from the underground storage tank system, the 65317
upgrading of a tank or an underground storage tank system 65318
component, or the modification of a tank or an underground storage 65319
tank system component. "Major repair" does not include routine 65320
maintenance for normal operational upkeep to prevent an 65321
underground storage tank system from releasing a product.65322

       (G) "Operator" means the person in daily control of, or 65323
having responsibility for the daily operation of, an underground 65324
storage tank system.65325

       (H) "Owner" means:65326

       (1) In the instance of an underground storage tank system in 65327
use on November 8, 1984, or brought into use after that date, the 65328
person who owns the underground storage tank system;65329

       (2) In the instance of an underground storage tank system in 65330
use before November 8, 1984, that was no longer in use on that 65331
date, the person who owned the underground storage tank system 65332
immediately before the discontinuation of its use.65333

       The term"Owner" includes any person who holds, or, in the 65334
instance of an underground storage tank system in use before 65335
November 8, 1984, but no longer in use on that date, any person 65336
who held immediately before the discontinuation of its use, a 65337
legal, equitable, or possessory interest of any kind in an 65338
underground storage tank system or in the property on which the 65339
underground storage tank system is located, including, without 65340
limitation, a trust, vendor, vendee, lessor, or lessee. The term65341
"Owner" does not include any person who, without participating in 65342
the management of an underground storage tank system and without 65343
otherwise being engaged in petroleum production, refining, or 65344
marketing, holds indicia of ownership in an underground storage 65345
tank system primarily to protect the person's security interest in 65346
it.65347

       (I) "Person," in addition to the meaning in section 3737.01 65348
of the Revised Code, means the United States and any department, 65349
agency, or instrumentality thereof.65350

       (J) "Petroleum" means petroleum, including crude oil or any 65351
fraction thereof, that is a liquid at the temperature of sixty 65352
degrees Fahrenheit and the pressure of fourteen and seven-tenths 65353
pounds per square inch absolute. The term"Petroleum" includes, 65354
without limitation, motor fuels, jet fuels, distillate fuel oils, 65355
residual fuel oils, lubricants, petroleum solvents, and used oils.65356

       (K) "Petroleum underground storage tank linked deposit" means 65357
a certificate of deposit placed by the treasurer of state with an 65358
eligible lending institution pursuant to sections 3737.95 to 65359
3737.98 of the Revised Code.65360

       (L) "Regulated substance" means petroleum or any substance 65361
identified or listed as a hazardous substance in rules adopted 65362
under division (D) of section 3737.88 of the Revised Code.65363

       (M) "Release" means any spilling, leaking, emitting, 65364
discharging, escaping, leaching, or disposing of from an 65365
underground storage tank system into ground or surface water or 65366
subsurface soils or otherwise into the environment.65367

       (N) Notwithstanding division (F) of section 3737.01 of the 65368
Revised Code, "responsible person" means the person who is the 65369
owner or operator of an underground storage tank system.65370

       (O) "Tank" means a stationary device designed to contain an 65371
accumulation of regulated substances that is constructed of65372
manmademanufactured materials.65373

       (P) "Underground storage tank" means one or any combination 65374
of tanks, including the underground pipes connected thereto, that 65375
are used to contain an accumulation of regulated substances the 65376
volume of which, including the volume of the underground pipes 65377
connected thereto, is ten per cent or more beneath the surface of 65378
the ground.65379

       The term"Underground storage tank" does not include any of 65380
the following or any pipes connected to any of the following:65381

       (1) Pipeline facilities, including gathering lines, regulated 65382
under the "Natural Gas Pipeline Safety Act of 1968," 82 Stat. 720, 65383
49 U.S.C.A. 1671, as amended, or the "Hazardous Liquid Pipeline 65384
Safety Act of 1979," 93 Stat. 1003, 49 U.S.C.A. 2001, as amended;65385

       (2) Farm or residential tanks of one thousand one hundred 65386
gallons or less capacity used for storing motor fuel for 65387
noncommercial purposes;65388

       (3) Tanks used for storing heating fuel for consumptive use 65389
on the premises where stored;65390

       (4) Surface impoundments, pits, ponds, or lagoons;65391

       (5) Storm or waste water collection systems;65392

       (6) Flow-through process tanks;65393

       (7) Storage tanks located in underground areas, including, 65394
without limitation, basements, cellars, mine workings, drifts, 65395
shafts, or tunnels, when the tanks are located on or above the 65396
surface of the floor;65397

       (8) Septic tanks;65398

       (9) Liquid traps or associated gathering lines directly 65399
related to oil or gas production and gathering operations.65400

       (Q) "Underground storage tank system" means an underground 65401
storage tank and the connected underground piping, underground 65402
ancillary equipment, and containment system, if any.65403

       (R) "Revenues" means all fees, premiums, and charges paid by 65404
owners and operators of petroleum underground storage tanks to the 65405
petroleum underground storage tank release compensation board 65406
created in section 3737.90 of the Revised Code; proceeds received 65407
by the board from any insurance, condemnation, or guaranty; the 65408
proceeds of petroleum underground storage tank revenue bonds; and 65409
the income and profits from the investment of any such revenues.65410

       (S) "Revenue bonds," unless the context indicates a different 65411
meaning or intent, means petroleum underground storage tank 65412
revenue bonds and petroleum underground storage tank revenue 65413
refunding bonds that are issued by the petroleum underground 65414
storage tank release compensation board pursuant to sections 65415
3737.90 to 3737.948 of the Revised Code.65416

       (T) "Class C release" means a release of petroleum occurring 65417
or identified from an underground storage tank system subject to 65418
sections 3737.87 to 3737.89 of the Revised Code for which the 65419
responsible person for the release is specifically determined by 65420
the fire marshal not to be a viable person capable of undertaking 65421
or completing the corrective actions required under those sections 65422
for the release. "Class C release" also includes any release 65423
designated as a "class C release" in accordance with rules adopted 65424
under section 3737.88 of the Revised Code.65425

       Sec. 3737.88.  (A)(1) The fire marshal shall have 65426
responsibility for implementation of the underground storage tank 65427
program and corrective action program for releases of petroleum65428
from underground petroleum storage tanks established by the 65429
"Resource Conservation and Recovery Act of 1976," 90 Stat. 2795, 65430
42 U.S.C.A. 6901, as amended. To implement the programprograms, 65431
the fire marshal may adopt, amend, and rescind such rules, conduct 65432
such inspections, require annual registration of underground 65433
storage tanks, issue such citations and orders to enforce those 65434
rules, enter into environmental covenants in accordance with 65435
sections 5301.80 to 5301.92 of the Revised Code, and perform such 65436
other duties, as are consistent with those programs. The fire 65437
marshal, by rule, may delegate the authority to conduct 65438
inspections of underground storage tanks to certified fire safety 65439
inspectors.65440

       (2) In the place of any rules regarding release containment 65441
and release detection for underground storage tanks adopted under 65442
division (A)(1) of this section, the fire marshal, by rule, shall 65443
designate areas as being sensitive for the protection of human 65444
health and the environment and adopt alternative rules regarding 65445
release containment and release detection methods for new and 65446
upgraded underground storage tank systems located in those areas. 65447
In designating such areas, the fire marshal shall take into 65448
consideration such factors as soil conditions, hydrogeology, water 65449
use, and the location of public and private water supplies. Not 65450
later than July 11, 1990, the fire marshal shall file the rules 65451
required under this division with the secretary of state, director 65452
of the legislative service commission, and joint committee on 65453
agency rule review in accordance with divisions (B) and (H) of 65454
section 119.03 of the Revised Code.65455

       (3) Notwithstanding sections 3737.87 to 3737.89 of the 65456
Revised Code, a person who is not a responsible person may conduct 65457
a voluntary action in accordance with Chapter 3746. of the Revised 65458
Code and rules adopted under it for a class C release. The 65459
director of environmental protection, pursuant to section 3746.12 65460
of the Revised Code, may issue a covenant not to sue to any person 65461
who properly completes a voluntary action with respect to a class 65462
C release in accordance with Chapter 3746. of the Revised Code and 65463
rules adopted under it.65464

       (B) Before adopting any rule under this section or section 65465
3737.881 or 3737.882 of the Revised Code, the fire marshal shall 65466
file written notice of the proposed rule with the chairperson of 65467
the state fire commission, and, within sixty days after notice is 65468
filed, the commission may file responses to or comments on and may 65469
recommend alternative or supplementary rules to the fire marshal. 65470
At the end of the sixty-day period or upon the filing of 65471
responses, comments, or recommendations by the commission, the 65472
fire marshal may adopt the rule filed with the commission or any 65473
alternative or supplementary rule recommended by the commission.65474

       (C) The fire commission may recommend courses of action to be 65475
taken by the fire marshal in carrying out the fire marshal's 65476
duties under this section. The commission shall file its 65477
recommendations in the office of the fire marshal, and, within 65478
sixty days after the recommendations are filed, the fire marshal 65479
shall file with the chairperson of the commission comments on, and 65480
proposed action in response to, the recommendations.65481

       (D) For the purpose of sections 3737.87 to 3737.89 of the 65482
Revised Code, the fire marshal shall adopt, and may amend and 65483
rescind, rules identifying or listing hazardous substances. The 65484
rules shall be consistent with and equivalent in scope, coverage, 65485
and content to regulations identifying or listing hazardous 65486
substances adopted under the "Comprehensive Environmental 65487
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779, 65488
42 U.S.C.A. 9602, as amended, except that the fire marshal shall 65489
not identify or list as a hazardous substance any hazardous waste 65490
identified or listed in rules adopted under division (A) of 65491
section 3734.12 of the Revised Code.65492

       (E) Notwithstanding any provision of the laws of this state 65493
to the contraryExcept as provided in division (A)(3) of this 65494
section, the fire marshal hasshall have exclusive jurisdiction to 65495
regulate the storage, treatment, and disposal of petroleum 65496
contaminated soil generated from corrective actions undertaken in 65497
response to releases of petroleum from underground storage tank 65498
systems. The fire marshal may adopt, amend, or rescind such rules 65499
as the fire marshal considers to be necessary or appropriate to 65500
regulate the storage, treatment, or disposal of petroleum 65501
contaminated soil so generated.65502

       (F) The fire marshal shall adopt, amend, and rescind rules 65503
under sections 3737.88 to 3737.882 of the Revised Code in 65504
accordance with Chapter 119. of the Revised Code.65505

       Sec. 3745.015. There is hereby created in the state treasury 65506
the environmental protection fund consisting of money credited to 65507
the fund under divisionsdivision (A)(3) and (4) of section 65508
3734.57 of the Revised Code. The environmental protection agency 65509
shall use money in the fund to pay the agency's costs associated 65510
with administering and enforcing, or otherwise conducting 65511
activities under, this chapter and Chapters 3704., 3734., 3746., 65512
3747., 3748., 3750., 3751., 3752., 3753., 5709., 6101., 6103., 65513
6105., 6109., 6111., 6112., 6113., 6115., 6117., and 6119. and 65514
sections 122.65 and 1521.19 of the Revised Code.65515

       Sec. 3745.016. There is hereby created in the state treasury 65516
the federally supported cleanup and response fund consisting of 65517
money credited to the fund from federal grants, gifts, and 65518
contributions to support the investigation and remediation of 65519
contaminated property. The environmental protection agency shall 65520
use money in the fund to support the investigation and remediation 65521
of contaminated property.65522

       Sec. 3745.05. (A) In hearing the appeal, if an adjudication 65523
hearing was conducted by the director of environmental protection 65524
in accordance with sections 119.09 and 119.10 of the Revised Code 65525
or conducted by a board of health, the environmental review 65526
appeals commission is confined to the record as certified to it by 65527
the director or the board of health, as applicable. The commission 65528
may grant a request for the admission of additional evidence when 65529
satisfied that such additional evidence is newly discovered and 65530
could not with reasonable diligence have been ascertained prior to 65531
the hearing before the director or the board, as applicable. If no 65532
adjudication hearing was conducted in accordance with sections 65533
119.09 and 119.10 of the Revised Code or conducted by a board of 65534
health, the commission shall conduct a hearing de novo on the 65535
appeal.65536

       For the purpose of conducting a de novo hearing, or where the 65537
commission has granted a request for the admission of additional 65538
evidence, the commission may require the attendance of witnesses 65539
and the production of written or printed materials.65540

       When conducting a de novo hearing, or when a request for the 65541
admission of additional evidence has been granted, the commission 65542
may, and at the request of any party it shall, issue subpoenas for 65543
witnesses or for books, papers, correspondence, memoranda, 65544
agreements, or other documents or records relevant or material to 65545
the inquiry directed to the sheriff of the counties where the 65546
witnesses or documents or records are found, which subpoenas shall 65547
be served and returned in the same manner as those allowed by the 65548
court of common pleas in criminal cases.65549

       (B) The fees of sheriffs shall be the same as those allowed 65550
by the court of common pleas in criminal cases. Witnesses shall be 65551
paid the fees and mileage provided for under section 119.094 of 65552
the Revised Code. The fee and mileage expenses incurred at the 65553
request of the appellant shall be paid in advance by the 65554
appellant, and the remainder of the expenses shall be paid out of 65555
funds appropriated for the expenses of the commission.65556

       (C) In case of disobedience or neglect of any subpoena served 65557
on any person, or the refusal of any witness to testify to any 65558
matter regarding which the witness may be lawfully interrogated, 65559
the court of common pleas of the county in which the disobedience, 65560
neglect, or refusal occurs, or any judge thereof, on application 65561
of the commission or any member thereof, may compel obedience by 65562
attachment proceedings for contempt as in the case of disobedience 65563
of the requirements of a subpoena issued from the court or a 65564
refusal to testify therein.65565

       (D) A witness at any hearing shall testify under oath or 65566
affirmation, which any member of the commission may administer. A 65567
witness, if the witness requests, shall be permitted to be 65568
accompanied, represented, and advised by an attorney, whose 65569
participation in the hearing shall be limited to the protection of 65570
the rights of the witness, and who may not examine or 65571
cross-examine witnesses. A witness shall be advised of the right 65572
to counsel before the witness is interrogated.65573

       (E) A stenographic or electronic record of the testimony and 65574
other evidence submitted shall be taken by an official court 65575
shorthand reporter. The record shall include all of the testimony 65576
and other evidence and the rulings on the admissibility thereof 65577
presented at the hearing. The commission shall pass upon the 65578
admissibility of evidence, but any party may at the time object to 65579
the admission of any evidence and except to the rulings of the 65580
commission thereon, and if the commission refuses to admit 65581
evidence the party offering same may make a proffer thereof, and 65582
such proffer shall be made a part of the record of such hearing.65583

       Any party may request the stenographic or electronic record 65584
of the hearing. Promptly after receiving such a request, the 65585
commission shall prepare and provide the stenographic or 65586
electronic record of the hearing to the party who requested it. 65587
The commission may charge a fee to the party who requested the 65588
stenographic or electronic record that does not exceed the cost to 65589
the commission for preparing and transcribing or transmitting it.65590

       (F) If, upon completion of the hearing, the commission finds 65591
that the action appealed from was lawful and reasonable, it shall 65592
make a written order affirming the action, or if the commission 65593
finds that the action was unreasonable or unlawful, it shall make 65594
a written order vacating or modifying the action appealed from.65595

       The commission shall issue a written order affirming, 65596
vacating, or modifying an action pursuant to the following 65597
schedule:65598

       (1) For an appeal that was filed with the commission before 65599
April 15, 2008, the commission shall issue a written order not 65600
later than December 15, 2009.65601

       (2) For all other appeals that have been filed with the 65602
commission as of October 15, 2009, the commission shall issue a 65603
written order not later than July 15, 2010.65604

       (3) For an appeal that is filed with the commission after 65605
October 15, 2009, the commission shall issue a written order not 65606
later than twelve months after the filing of the appeal with the 65607
commission.65608

       (G) Every order made by the commission shall contain a 65609
written finding by the commission of the facts upon which the 65610
order is based. Notice of the making of the order shall be given 65611
forthwith to each party to the appeal by mailing a certified copy 65612
thereof to each party by certified mail, with a statement of the 65613
time and method by which an appeal may be perfected.65614

       (H) The order of the commission is final unless vacated or 65615
modified upon judicial review.65616

       Sec. 3745.11.  (A) Applicants for and holders of permits, 65617
licenses, variances, plan approvals, and certifications issued by 65618
the director of environmental protection pursuant to Chapters 65619
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee 65620
to the environmental protection agency for each such issuance and 65621
each application for an issuance as provided by this section. No 65622
fee shall be charged for any issuance for which no application has 65623
been submitted to the director.65624

       (B) Each person who is issued a permit to install prior to 65625
July 1, 2003, pursuant to rules adopted under division (F) of 65626
section 3704.03 of the Revised Code shall pay the fees specified 65627
in the following schedules:65628

       (1) Fuel-burning equipment (boilers)65629

Input capacity (maximum)   65630
(million British thermal units per hour) Permit to install 65631

Greater than 0, but less than 10 $ 200 65632
10 or more, but less than 100     400 65633
100 or more, but less than 300     800 65634
300 or more, but less than 500    1500 65635
500 or more, but less than 1000    2500 65636
1000 or more, but less than 5000  4000 65637
5000 or more  6000 65638

       Units burning exclusively natural gas, number two fuel oil, 65639
or both shall be assessed a fee that is one-half of the applicable 65640
amount established in division (F)(1) of this section.65641

       (2) Incinerators65642

Input capacity (pounds per hour) Permit to install 65643

0 to 100 $ 100 65644
101 to 500     400 65645
501 to 2000     750 65646
2001 to 20,000    1000 65647
more than 20,000    2500 65648

       (3)(a) Process65649

Process weight rate (pounds per hour) Permit to install 65650

0 to 1000 $ 200 65651
1001 to 5000     400 65652
5001 to 10,000     600 65653
10,001 to 50,000     800 65654
more than 50,000    1000 65655

       In any process where process weight rate cannot be 65656
ascertained, the minimum fee shall be assessed.65657

       (b) Notwithstanding division (B)(3)(a) of this section, any 65658
person issued a permit to install pursuant to rules adopted under 65659
division (F) of section 3704.03 of the Revised Code shall pay the 65660
fees established in division (B)(3)(c) of this section for a 65661
process used in any of the following industries, as identified by 65662
the applicable four-digit standard industrial classification code 65663
according to the Standard Industrial Classification Manual 65664
published by the United States office of management and budget in 65665
the executive office of the president, 1972, as revised:65666

       1211 Bituminous coal and lignite mining;65667

       1213 Bituminous coal and lignite mining services;65668

       1411 Dimension stone;65669

       1422 Crushed and broken limestone;65670

       1427 Crushed and broken stone, not elsewhere classified;65671

       1442 Construction sand and gravel;65672

       1446 Industrial sand;65673

       3281 Cut stone and stone products;65674

       3295 Minerals and earth, ground or otherwise treated.65675

       (c) The fees established in the following schedule apply to 65676
the issuance of a permit to install pursuant to rules adopted 65677
under division (F) of section 3704.03 of the Revised Code for a 65678
process listed in division (B)(3)(b) of this section:65679

Process weight rate (pounds per hour) Permit to install 65680

0 to 1000 $ 200 65681
10,001 to 50,000   300 65682
50,001 to 100,000   400 65683
100,001 to 200,000   500 65684
200,001 to 400,000   600 65685
400,001 or more   700 65686

       (4) Storage tanks65687

Gallons (maximum useful capacity) Permit to install 65688

0 to 20,000 $ 100 65689
20,001 to 40,000   150 65690
40,001 to 100,000   200 65691
100,001 to 250,000   250 65692
250,001 to 500,000   350 65693
500,001 to 1,000,000     500 65694
1,000,001 or greater     750 65695

       (5) Gasoline/fuel dispensing facilities65696

For each gasoline/fuel dispensing Permit to install 65697
facility $ 100 65698

       (6) Dry cleaning facilities65699

For each dry cleaning facility Permit to install 65700
(includes all units at the facility) $ 100 65701

       (7) Registration status65702

For each source covered Permit to install 65703
by registration status $  75 65704

       (C)(1) Except as otherwise provided in division (C)(2) of 65705
this section, beginning July 1, 1994, each person who owns or 65706
operates an air contaminant source and who is required to apply 65707
for and obtain a Title V permit under section 3704.036 of the 65708
Revised Code shall pay the fees set forth in division (C)(1) of 65709
this section. For the purposes of that division, total emissions 65710
of air contaminants may be calculated using engineering 65711
calculations, emissions factors, material balance calculations, or 65712
performance testing procedures, as authorized by the director.65713

       The following fees shall be assessed on the total actual 65714
emissions from a source in tons per year of the regulated 65715
pollutants particulate matter, sulfur dioxide, nitrogen oxides, 65716
organic compounds, and lead:65717

       (a) Fifteen dollars per ton on the total actual emissions of 65718
each such regulated pollutant during the period July through 65719
December 1993, to be collected no sooner than July 1, 1994;65720

       (b) Twenty dollars per ton on the total actual emissions of 65721
each such regulated pollutant during calendar year 1994, to be 65722
collected no sooner than April 15, 1995;65723

       (c) Twenty-five dollars per ton on the total actual emissions 65724
of each such regulated pollutant in calendar year 1995, and each 65725
subsequent calendar year, to be collected no sooner than the 65726
fifteenth day of April of the year next succeeding the calendar 65727
year in which the emissions occurred.65728

       The fees levied under division (C)(1) of this section do not 65729
apply to that portion of the emissions of a regulated pollutant at 65730
a facility that exceed four thousand tons during a calendar year.65731

       (2) The fees assessed under division (C)(1) of this section 65732
are for the purpose of providing funding for the Title V permit 65733
program.65734

       (3) The fees assessed under division (C)(1) of this section 65735
do not apply to emissions from any electric generating unit 65736
designated as a Phase I unit under Title IV of the federal Clean 65737
Air Act prior to calendar year 2000. Those fees shall be assessed 65738
on the emissions from such a generating unit commencing in 65739
calendar year 2001 based upon the total actual emissions from the 65740
generating unit during calendar year 2000 and shall continue to be 65741
assessed each subsequent calendar year based on the total actual 65742
emissions from the generating unit during the preceding calendar 65743
year.65744

       (4) The director shall issue invoices to owners or operators 65745
of air contaminant sources who are required to pay a fee assessed 65746
under division (C) or (D) of this section. Any such invoice shall 65747
be issued no sooner than the applicable date when the fee first 65748
may be collected in a year under the applicable division, shall 65749
identify the nature and amount of the fee assessed, and shall 65750
indicate that the fee is required to be paid within thirty days 65751
after the issuance of the invoice.65752

       (D)(1) Except as provided in division (D)(3) of this section, 65753
from January 1, 1994, through December 31, 2003, each person who 65754
owns or operates an air contaminant source; who is required to 65755
apply for a permit to operate pursuant to rules adopted under 65756
division (G), or a variance pursuant to division (H), of section 65757
3704.03 of the Revised Code; and who is not required to apply for 65758
and obtain a Title V permit under section 3704.036 of the Revised 65759
Code shall pay a single fee based upon the sum of the actual 65760
annual emissions from the facility of the regulated pollutants 65761
particulate matter, sulfur dioxide, nitrogen oxides, organic 65762
compounds, and lead in accordance with the following schedule:65763

Total tons per year 65764
of regulated pollutants Annual fee 65765
emitted per facility 65766
More than 0, but less than 50    $ 75 65767
50 or more, but less than 100     300 65768
100 or more     700 65769

       (2) Except as provided in division (D)(3) of this section, 65770
beginning January 1, 2004, each person who owns or operates an air 65771
contaminant source; who is required to apply for a permit to 65772
operate pursuant to rules adopted under division (G), or a 65773
variance pursuant to division (H), of section 3704.03 of the 65774
Revised Code; and who is not required to apply for and obtain a 65775
Title V permit under section 3704.03 of the Revised Code shall pay 65776
a single fee based upon the sum of the actual annual emissions 65777
from the facility of the regulated pollutants particulate matter, 65778
sulfur dioxide, nitrogen oxides, organic compounds, and lead in 65779
accordance with the following schedule:65780

Total tons per year 65781
of regulated pollutants Annual fee 65782
emitted per facility 65783
More than 0, but less than 10    $ 100 65784
10 or more, but less than 50      200 65785
50 or more, but less than 100      300 65786
100 or more      700 65787

       (3)(a) As used in division (D) of this section, "synthetic 65788
minor facility" means a facility for which one or more permits to 65789
install or permits to operate have been issued for the air 65790
contaminant sources at the facility that include terms and 65791
conditions that lower the facility's potential to emit air 65792
contaminants below the major source thresholds established in 65793
rules adopted under section 3704.036 of the Revised Code.65794

       (b) Beginning January 1, 2000, through June 30, 20122014, 65795
each person who owns or operates a synthetic minor facility shall 65796
pay an annual fee based on the sum of the actual annual emissions 65797
from the facility of particulate matter, sulfur dioxide, nitrogen 65798
dioxide, organic compounds, and lead in accordance with the 65799
following schedule:65800

Combined total tons 65801
per year of all regulated Annual fee 65802
pollutants emitted per facility 65803

Less than 10 $ 170 65804
10 or more, but less than 20   340 65805
20 or more, but less than 30   670 65806
30 or more, but less than 40 1,010 65807
40 or more, but less than 50 1,340 65808
50 or more, but less than 60 1,680 65809
60 or more, but less than 70 2,010 65810
70 or more, but less than 80 2,350 65811
80 or more, but less than 90 2,680 65812
90 or more, but less than 100 3,020 65813
100 or more 3,350 65814

       (4) The fees assessed under division (D)(1) of this section 65815
shall be collected annually no sooner than the fifteenth day of 65816
April, commencing in 1995. The fees assessed under division (D)(2) 65817
of this section shall be collected annually no sooner than the 65818
fifteenth day of April, commencing in 2005. The fees assessed 65819
under division (D)(3) of this section shall be collected no sooner 65820
than the fifteenth day of April, commencing in 2000. The fees 65821
assessed under division (D) of this section in a calendar year 65822
shall be based upon the sum of the actual emissions of those 65823
regulated pollutants during the preceding calendar year. For the 65824
purpose of division (D) of this section, emissions of air 65825
contaminants may be calculated using engineering calculations, 65826
emission factors, material balance calculations, or performance 65827
testing procedures, as authorized by the director. The director, 65828
by rule, may require persons who are required to pay the fees 65829
assessed under division (D) of this section to pay those fees 65830
biennially rather than annually.65831

       (E)(1) Consistent with the need to cover the reasonable costs 65832
of the Title V permit program, the director annually shall 65833
increase the fees prescribed in division (C)(1) of this section by 65834
the percentage, if any, by which the consumer price index for the 65835
most recent calendar year ending before the beginning of a year 65836
exceeds the consumer price index for calendar year 1989. Upon 65837
calculating an increase in fees authorized by division (E)(1) of 65838
this section, the director shall compile revised fee schedules for 65839
the purposes of division (C)(1) of this section and shall make the 65840
revised schedules available to persons required to pay the fees 65841
assessed under that division and to the public.65842

       (2) For the purposes of division (E)(1) of this section:65843

       (a) The consumer price index for any year is the average of 65844
the consumer price index for all urban consumers published by the 65845
United States department of labor as of the close of the 65846
twelve-month period ending on the thirty-first day of August of 65847
that year.65848

       (b) If the 1989 consumer price index is revised, the director 65849
shall use the revision of the consumer price index that is most 65850
consistent with that for calendar year 1989.65851

       (F) Each person who is issued a permit to install pursuant to 65852
rules adopted under division (F) of section 3704.03 of the Revised 65853
Code on or after July 1, 2003, shall pay the fees specified in the 65854
following schedules:65855

       (1) Fuel-burning equipment (boilers, furnaces, or process 65856
heaters used in the process of burning fuel for the primary 65857
purpose of producing heat or power by indirect heat transfer)65858

Input capacity (maximum) 65859
(million British thermal units per hour) Permit to install 65860
Greater than 0, but less than 10    $ 200 65861
10 or more, but less than 100      400 65862
100 or more, but less than 300     1000 65863
300 or more, but less than 500     2250 65864
500 or more, but less than 1000     3750 65865
1000 or more, but less than 5000     6000 65866
5000 or more     9000 65867

       Units burning exclusively natural gas, number two fuel oil, 65868
or both shall be assessed a fee that is one-half the applicable 65869
amount shown in division (F)(1) of this section.65870

       (2) Combustion turbines and stationary internal combustion 65871
engines designed to generate electricity65872

Generating capacity (mega watts) Permit to install 65873
0 or more, but less than 10    $  25 65874
10 or more, but less than 25      150 65875
25 or more, but less than 50      300 65876
50 or more, but less than 100      500 65877
100 or more, but less than 250     1000 65878
250 or more     2000 65879

       (3) Incinerators65880

Input capacity (pounds per hour) Permit to install 65881
0 to 100    $ 100 65882
101 to 500      500 65883
501 to 2000     1000 65884
2001 to 20,000     1500 65885
more than 20,000     3750 65886

       (4)(a) Process65887

Process weight rate (pounds per hour) Permit to install 65888
0 to 1000    $ 200 65889
1001 to 5000      500 65890
5001 to 10,000      750 65891
10,001 to 50,000     1000 65892
more than 50,000     1250 65893

       In any process where process weight rate cannot be 65894
ascertained, the minimum fee shall be assessed. A boiler, furnace, 65895
combustion turbine, stationary internal combustion engine, or 65896
process heater designed to provide direct heat or power to a 65897
process not designed to generate electricity shall be assessed a 65898
fee established in division (F)(4)(a) of this section. A 65899
combustion turbine or stationary internal combustion engine 65900
designed to generate electricity shall be assessed a fee 65901
established in division (F)(2) of this section.65902

       (b) Notwithstanding division (F)(4)(a) of this section, any 65903
person issued a permit to install pursuant to rules adopted under 65904
division (F) of section 3704.03 of the Revised Code shall pay the 65905
fees set forth in division (F)(4)(c) of this section for a process 65906
used in any of the following industries, as identified by the 65907
applicable two-digit, three-digit, or four-digit standard 65908
industrial classification code according to the Standard 65909
Industrial Classification Manual published by the United States 65910
office of management and budget in the executive office of the 65911
president, 1987, as revised:65912

        Major group 10, metal mining;65913

       Major group 12, coal mining;65914

       Major group 14, mining and quarrying of nonmetallic minerals;65915

       Industry group 204, grain mill products;65916

       2873 Nitrogen fertilizers;65917

       2874 Phosphatic fertilizers;65918

       3281 Cut stone and stone products;65919

       3295 Minerals and earth, ground or otherwise treated;65920

       4221 Grain elevators (storage only);65921

       5159 Farm related raw materials;65922

       5261 Retail nurseries and lawn and garden supply stores.65923

       (c) The fees set forth in the following schedule apply to the 65924
issuance of a permit to install pursuant to rules adopted under 65925
division (F) of section 3704.03 of the Revised Code for a process 65926
identified in division (F)(4)(b) of this section:65927

Process weight rate (pounds per hour) Permit to install 65928
0 to 10,000   $  200 65929
10,001 to 50,000      400 65930
50,001 to 100,000      500 65931
100,001 to 200,000      600 65932
200,001 to 400,000      750 65933
400,001 or more      900 65934

       (5) Storage tanks65935

Gallons (maximum useful capacity) Permit to install 65936
0 to 20,000   $  100 65937
20,001 to 40,000      150 65938
40,001 to 100,000      250 65939
100,001 to 500,000      400 65940
500,001 or greater      750 65941

       (6) Gasoline/fuel dispensing facilities65942

For each gasoline/fuel 65943
dispensing facility (includes all Permit to install 65944
units at the facility)     $ 100 65945

       (7) Dry cleaning facilities65946

For each dry cleaning 65947
facility (includes all units Permit to install 65948
at the facility)     $ 100 65949

       (8) Registration status65950

For each source covered Permit to install 65951
by registration status     $  75 65952

       (G) An owner or operator who is responsible for an asbestos 65953
demolition or renovation project pursuant to rules adopted under 65954
section 3704.03 of the Revised Code shall pay the fees set forth 65955
in the following schedule:65956

Action Fee 65957
Each notification $75 65958
Asbestos removal $3/unit 65959
Asbestos cleanup $4/cubic yard 65960

For purposes of this division, "unit" means any combination of 65961
linear feet or square feet equal to fifty.65962

       (H) A person who is issued an extension of time for a permit 65963
to install an air contaminant source pursuant to rules adopted 65964
under division (F) of section 3704.03 of the Revised Code shall 65965
pay a fee equal to one-half the fee originally assessed for the 65966
permit to install under this section, except that the fee for such 65967
an extension shall not exceed two hundred dollars.65968

       (I) A person who is issued a modification to a permit to 65969
install an air contaminant source pursuant to rules adopted under 65970
section 3704.03 of the Revised Code shall pay a fee equal to 65971
one-half of the fee that would be assessed under this section to 65972
obtain a permit to install the source. The fee assessed by this 65973
division only applies to modifications that are initiated by the 65974
owner or operator of the source and shall not exceed two thousand 65975
dollars.65976

       (J) Notwithstanding division (B) or (F) of this section, a 65977
person who applies for or obtains a permit to install pursuant to 65978
rules adopted under division (F) of section 3704.03 of the Revised 65979
Code after the date actual construction of the source began shall 65980
pay a fee for the permit to install that is equal to twice the fee 65981
that otherwise would be assessed under the applicable division 65982
unless the applicant received authorization to begin construction 65983
under division (W) of section 3704.03 of the Revised Code. This 65984
division only applies to sources for which actual construction of 65985
the source begins on or after July 1, 1993. The imposition or 65986
payment of the fee established in this division does not preclude 65987
the director from taking any administrative or judicial 65988
enforcement action under this chapter, Chapter 3704., 3714., 65989
3734., or 6111. of the Revised Code, or a rule adopted under any 65990
of them, in connection with a violation of rules adopted under 65991
division (F) of section 3704.03 of the Revised Code.65992

       As used in this division, "actual construction of the source" 65993
means the initiation of physical on-site construction activities 65994
in connection with improvements to the source that are permanent 65995
in nature, including, without limitation, the installation of 65996
building supports and foundations and the laying of underground 65997
pipework.65998

       (K) Fifty cents per ton of each fee assessed under division 65999
(C) of this section on actual emissions from a source and received 66000
by the environmental protection agency pursuant to that division 66001
shall be deposited into the state treasury to the credit of the 66002
small business assistance fund created in section 3706.19 of the 66003
Revised Code. The remainder of the moneys received by the division 66004
pursuant to that division and moneys received by the agency 66005
pursuant to divisions (D), (F), (G), (H), (I), and (J) of this 66006
section shall be deposited in the state treasury to the credit of 66007
the clean air fund created in section 3704.035 of the Revised 66008
Code.66009

       (L)(1)(a) Except as otherwise provided in division (L)(1)(b) 66010
or (c) of this section, a person issued a water discharge permit 66011
or renewal of a water discharge permit pursuant to Chapter 6111. 66012
of the Revised Code shall pay a fee based on each point source to 66013
which the issuance is applicable in accordance with the following 66014
schedule:66015

Design flow discharge (gallons per day) Fee  66016
0 to 1000 $  0 66017
1,001 to 5000 100 66018
5,001 to 50,000 200 66019
50,001 to 100,000 300 66020
100,001 to 300,000 525 66021
over 300,000 750 66022

       (b) Notwithstanding the fee schedule specified in division 66023
(L)(1)(a) of this section, the fee for a water discharge permit 66024
that is applicable to coal mining operations regulated under 66025
Chapter 1513. of the Revised Code shall be two hundred fifty 66026
dollars per mine.66027

       (c) Notwithstanding the fee schedule specified in division 66028
(L)(1)(a) of this section, the fee for a water discharge permit 66029
for a public discharger identified by I in the third character of 66030
the permittee's NPDES permit number shall not exceed seven hundred 66031
fifty dollars.66032

       (2) A person applying for a plan approval for a wastewater 66033
treatment works pursuant to section 6111.44, 6111.45, or 6111.46 66034
of the Revised Code shall pay a fee of one hundred dollars plus 66035
sixty-five one-hundredths of one per cent of the estimated project 66036
cost through June 30, 20122014, and one hundred dollars plus 66037
two-tenths of one per cent of the estimated project cost on and 66038
after July 1, 20122014, except that the total fee shall not 66039
exceed fifteen thousand dollars through June 30, 20122014, and 66040
five thousand dollars on and after July 1, 20122014. The fee 66041
shall be paid at the time the application is submitted.66042

       (3) A person issued a modification of a water discharge 66043
permit shall pay a fee equal to one-half the fee that otherwise 66044
would be charged for a water discharge permit, except that the fee 66045
for the modification shall not exceed four hundred dollars.66046

       (4) A person who has entered into an agreement with the 66047
director under section 6111.14 of the Revised Code shall pay an 66048
administrative service fee for each plan submitted under that 66049
section for approval that shall not exceed the minimum amount 66050
necessary to pay administrative costs directly attributable to 66051
processing plan approvals. The director annually shall calculate 66052
the fee and shall notify all persons who have entered into 66053
agreements under that section, or who have applied for agreements, 66054
of the amount of the fee.66055

       (5)(a)(i) Not later than January 30, 20102012, and January 66056
30, 20112013, a person holding an NPDES discharge permit issued 66057
pursuant to Chapter 6111. of the Revised Code with an average 66058
daily discharge flow of five thousand gallons or more shall pay a 66059
nonrefundable annual discharge fee. Any person who fails to pay 66060
the fee at that time shall pay an additional amount that equals 66061
ten per cent of the required annual discharge fee.66062

       (ii) The billing year for the annual discharge fee 66063
established in division (L)(5)(a)(i) of this section shall consist 66064
of a twelve-month period beginning on the first day of January of 66065
the year preceding the date when the annual discharge fee is due. 66066
In the case of an existing source that permanently ceases to 66067
discharge during a billing year, the director shall reduce the 66068
annual discharge fee, including the surcharge applicable to 66069
certain industrial facilities pursuant to division (L)(5)(c) of 66070
this section, by one-twelfth for each full month during the 66071
billing year that the source was not discharging, but only if the 66072
person holding the NPDES discharge permit for the source notifies 66073
the director in writing, not later than the first day of October 66074
of the billing year, of the circumstances causing the cessation of 66075
discharge.66076

       (iii) The annual discharge fee established in division 66077
(L)(5)(a)(i) of this section, except for the surcharge applicable 66078
to certain industrial facilities pursuant to division (L)(5)(c) of 66079
this section, shall be based upon the average daily discharge flow 66080
in gallons per day calculated using first day of May through 66081
thirty-first day of October flow data for the period two years 66082
prior to the date on which the fee is due. In the case of NPDES 66083
discharge permits for new sources, the fee shall be calculated 66084
using the average daily design flow of the facility until actual 66085
average daily discharge flow values are available for the time 66086
period specified in division (L)(5)(a)(iii) of this section. The 66087
annual discharge fee may be prorated for a new source as described 66088
in division (L)(5)(a)(ii) of this section.66089

       (b) An NPDES permit holder that is a public discharger shall 66090
pay the fee specified in the following schedule:66091

Average daily Fee due by 66092
discharge flow January 30, 66093
2010 2012, and 66094
January 30, 2011 2013 66095

5,000 to 49,999 $ 200 66096
50,000 to 100,000 500 66097
100,001 to 250,000 1,050 66098
250,001 to 1,000,000 2,600 66099
1,000,001 to 5,000,000 5,200 66100
5,000,001 to 10,000,000 10,350 66101
10,000,001 to 20,000,000 15,550 66102
20,000,001 to 50,000,000 25,900 66103
50,000,001 to 100,000,000 41,400 66104
100,000,001 or more 62,100 66105

       Public dischargers owning or operating two or more publicly 66106
owned treatment works serving the same political subdivision, as 66107
"treatment works" is defined in section 6111.01 of the Revised 66108
Code, and that serve exclusively political subdivisions having a 66109
population of fewer than one hundred thousand shall pay an annual 66110
discharge fee under division (L)(5)(b) of this section that is 66111
based on the combined average daily discharge flow of the 66112
treatment works.66113

       (c) An NPDES permit holder that is an industrial discharger, 66114
other than a coal mining operator identified by P in the third 66115
character of the permittee's NPDES permit number, shall pay the 66116
fee specified in the following schedule:66117

Average daily Fee due by 66118
discharge flow January 30, 66119
2010 2012, and 66120
January 30, 2011 2013 66121

5,000 to 49,999 $ 250 66122
50,000 to 250,000 1,200 66123
250,001 to 1,000,000 2,950 66124
1,000,001 to 5,000,000 5,850 66125
5,000,001 to 10,000,000 8,800 66126
10,000,001 to 20,000,000 11,700 66127
20,000,001 to 100,000,000 14,050 66128
100,000,001 to 250,000,000 16,400 66129
250,000,001 or more 18,700 66130

       In addition to the fee specified in the above schedule, an 66131
NPDES permit holder that is an industrial discharger classified as 66132
a major discharger during all or part of the annual discharge fee 66133
billing year specified in division (L)(5)(a)(ii) of this section 66134
shall pay a nonrefundable annual surcharge of seven thousand five 66135
hundred dollars not later than January 30, 20102012, and not 66136
later than January 30, 20112013. Any person who fails to pay the 66137
surcharge at that time shall pay an additional amount that equals 66138
ten per cent of the amount of the surcharge.66139

       (d) Notwithstanding divisions (L)(5)(b) and (c) of this 66140
section, a public discharger identified by I in the third 66141
character of the permittee's NPDES permit number and an industrial 66142
discharger identified by I, J, L, V, W, X, Y, or Z in the third 66143
character of the permittee's NPDES permit number shall pay a 66144
nonrefundable annual discharge fee of one hundred eighty dollars 66145
not later than January 30, 20102012, and not later than January 66146
30, 20112013. Any person who fails to pay the fee at that time 66147
shall pay an additional amount that equals ten per cent of the 66148
required fee.66149

       (6) Each person obtaining a national pollutant discharge 66150
elimination system general or individual permit for municipal 66151
storm water discharge shall pay a nonrefundable storm water 66152
discharge fee of one hundred dollars per square mile of area 66153
permitted. The fee shall not exceed ten thousand dollars and shall 66154
be payable on or before January 30, 2004, and the thirtieth day of 66155
January of each year thereafter. Any person who fails to pay the 66156
fee on the date specified in division (L)(6) of this section shall 66157
pay an additional amount per year equal to ten per cent of the 66158
annual fee that is unpaid.66159

       (7) The director shall transmit all moneys collected under 66160
division (L) of this section to the treasurer of state for deposit 66161
into the state treasury to the credit of the surface water 66162
protection fund created in section 6111.038 of the Revised Code.66163

       (8) As used in division (L) of this section:66164

       (a) "NPDES" means the federally approved national pollutant 66165
discharge elimination system program for issuing, modifying, 66166
revoking, reissuing, terminating, monitoring, and enforcing 66167
permits and imposing and enforcing pretreatment requirements under 66168
Chapter 6111. of the Revised Code and rules adopted under it.66169

       (b) "Public discharger" means any holder of an NPDES permit 66170
identified by P in the second character of the NPDES permit number 66171
assigned by the director.66172

       (c) "Industrial discharger" means any holder of an NPDES 66173
permit identified by I in the second character of the NPDES permit 66174
number assigned by the director.66175

       (d) "Major discharger" means any holder of an NPDES permit 66176
classified as major by the regional administrator of the United 66177
States environmental protection agency in conjunction with the 66178
director.66179

       (M) Through June 30, 20122014, a person applying for a 66180
license or license renewal to operate a public water system under 66181
section 6109.21 of the Revised Code shall pay the appropriate fee 66182
established under this division at the time of application to the 66183
director. Any person who fails to pay the fee at that time shall 66184
pay an additional amount that equals ten per cent of the required 66185
fee. The director shall transmit all moneys collected under this 66186
division to the treasurer of state for deposit into the drinking 66187
water protection fund created in section 6109.30 of the Revised 66188
Code.66189

        Except as provided in division (M)(4) of this section, fees 66190
required under this division shall be calculated and paid in 66191
accordance with the following schedule:66192

       (1) For the initial license required under division (A)(1) of 66193
section 6109.21 of the Revised Code for any public water system 66194
that is a community water system as defined in section 6109.01 of 66195
the Revised Code, and for each license renewal required for such a 66196
system prior to January 31, 20122014, the fee is:66197

Number of service connections Fee amount 66198
Not more than 49    $ 112 66199
50 to 99      176 66200

Number of service connections Average cost per connection 66201
100 to 2,499 $ 1.92 66202
2,500 to 4,999   1.48 66203
5,000 to 7,499   1.42 66204
7,500 to 9,999   1.34 66205
10,000 to 14,999   1.16 66206
15,000 to 24,999   1.10 66207
25,000 to 49,999   1.04 66208
50,000 to 99,999   .92 66209
100,000 to 149,999   .86 66210
150,000 to 199,999   .80 66211
200,000 or more   .76 66212

       A public water system may determine how it will pay the total 66213
amount of the fee calculated under division (M)(1) of this 66214
section, including the assessment of additional user fees that may 66215
be assessed on a volumetric basis.66216

       As used in division (M)(1) of this section, "service 66217
connection" means the number of active or inactive pipes, 66218
goosenecks, pigtails, and any other fittings connecting a water 66219
main to any building outlet.66220

       (2) For the initial license required under division (A)(2) of 66221
section 6109.21 of the Revised Code for any public water system 66222
that is not a community water system and serves a nontransient 66223
population, and for each license renewal required for such a 66224
system prior to January 31, 20122014, the fee is:66225

Population served Fee amount 66226
Fewer than 150 $    112 66227
150 to 299      176 66228
300 to 749      384 66229
750 to 1,499      628 66230
1,500 to 2,999    1,268 66231
3,000 to 7,499    2,816 66232
7,500 to 14,999    5,510 66233
15,000 to 22,499    9,048 66234
22,500 to 29,999   12,430 66235
30,000 or more   16,820 66236

       As used in division (M)(2) of this section, "population 66237
served" means the total number of individuals receiving water from66238
having access to the water supply during a twenty-four-hour period 66239
for at least sixty days during any calendar year. In the absence 66240
of a specific population count, that number shall be calculated at 66241
the rate of three individuals per service connection.66242

       (3) For the initial license required under division (A)(3) of 66243
section 6109.21 of the Revised Code for any public water system 66244
that is not a community water system and serves a transient 66245
population, and for each license renewal required for such a 66246
system prior to January 31, 20122014, the fee is:66247

  Number of wells or sources, other than surface water, supplying system Fee amount 66248
1 $112 66249
2  112 66250
3  176 66251
4  278 66252
5  568 66253
System designated as using a 66254
surface water source  792 66255

       As used in division (M)(3) of this section, "number of wells 66256
or sources, other than surface water, supplying system" means 66257
those wells or sources that are physically connected to the 66258
plumbing system serving the public water system.66259

       (4) A public water system designated as using a surface water 66260
source shall pay a fee of seven hundred ninety-two dollars or the 66261
amount calculated under division (M)(1) or (2) of this section, 66262
whichever is greater.66263

       (N)(1) A person applying for a plan approval for a public 66264
water supply system under section 6109.07 of the Revised Code 66265
shall pay a fee of one hundred fifty dollars plus thirty-five 66266
hundredths of one per cent of the estimated project cost, except 66267
that the total fee shall not exceed twenty thousand dollars 66268
through June 30, 20122014, and fifteen thousand dollars on and 66269
after July 1, 20122014. The fee shall be paid at the time the 66270
application is submitted.66271

       (2) A person who has entered into an agreement with the 66272
director under division (A)(2) of section 6109.07 of the Revised 66273
Code shall pay an administrative service fee for each plan 66274
submitted under that section for approval that shall not exceed 66275
the minimum amount necessary to pay administrative costs directly 66276
attributable to processing plan approvals. The director annually 66277
shall calculate the fee and shall notify all persons that have 66278
entered into agreements under that division, or who have applied 66279
for agreements, of the amount of the fee.66280

       (3) Through June 30, 20122014, the following fee, on a per 66281
survey basis, shall be charged any person for services rendered by 66282
the state in the evaluation of laboratories and laboratory 66283
personnel for compliance with accepted analytical techniques and 66284
procedures established pursuant to Chapter 6109. of the Revised 66285
Code for determining the qualitative characteristics of water:66286

microbiological 66287
MMO-MUG $2,000 66288
MF 2,100 66289
MMO-MUG and MF 2,550 66290
organic chemical 5,400 66291
trace metals 5,400 66292
standard chemistry 2,800 66293
limited chemistry 1,550 66294

       On and after July 1, 20122014, the following fee, on a per 66295
survey basis, shall be charged any such person:66296

microbiological $ 1,650 66297
organic chemicals 3,500 66298
trace metals 3,500 66299
standard chemistry 1,800 66300
limited chemistry 1,000 66301

The fee for those services shall be paid at the time the request 66302
for the survey is made. Through June 30, 2012 2014, an individual 66303
laboratory shall not be assessed a fee under this division more 66304
than once in any three-year period unless the person requests the 66305
addition of analytical methods or analysts, in which case the 66306
person shall pay eighteen hundred dollars for each additional 66307
survey requested.66308

       As used in division (N)(3) of this section:66309

        (a) "MF" means microfiltration.66310

        (b) "MMO" means minimal medium ONPG.66311

        (c) "MUG" means 4-methylumbelliferyl-beta-D-glucuronide.66312

        (d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.66313

       The director shall transmit all moneys collected under this 66314
division to the treasurer of state for deposit into the drinking 66315
water protection fund created in section 6109.30 of the Revised 66316
Code.66317

        (O) Any person applying to the director for examination for 66318
certification as an operator of a water supply system or 66319
wastewater system under Chapter 6109. or 6111. of the Revised 66320
Code, at the time the application is submitted, shall pay an 66321
application fee of forty-five dollars through November 30, 201266322
2014, and twenty-five dollars on and after December 1, 20122014. 66323
Upon approval from the director that the applicant is eligible to 66324
take the examination therefor, the applicant shall pay a fee in 66325
accordance with the following schedule through November 30, 201266326
2014:66327

Class A operator $35 66328
Class I operator  60 66329
Class II operator  75 66330
Class III operator  85 66331
Class IV operator  100 66332

       On and after December 1, 20122014, the applicant shall pay a 66333
fee in accordance with the following schedule:66334

Class A operator $25 66335
Class I operator $45 66336
Class II operator  55 66337
Class III operator  65 66338
Class IV operator  75 66339

       A person shall pay a biennial certification renewal fee for 66340
each applicable class of certification in accordance with the 66341
following schedule:66342

Class A operator $25 66343
Class I operator  35 66344
Class II operator  45 66345
Class III operator  55 66346
Class IV operator  65 66347

        If a certification renewal fee is received by the director 66348
more than thirty days, but not more than one year after the 66349
expiration date of the certification, the person shall pay a 66350
certification renewal fee in accordance with the following 66351
schedule:66352

Class A operator $45 66353
Class I operator  55 66354
Class II operator  65 66355
Class III operator  75 66356
Class IV operator  85 66357

       A person who requests a replacement certificate shall pay a 66358
fee of twenty-five dollars at the time the request is made.66359

       The director shall transmit all moneys collected under this 66360
division to the treasurer of state for deposit into the drinking 66361
water protection fund created in section 6109.30 of the Revised 66362
Code.66363

       (P) Any person submitting an application for an industrial 66364
water pollution control certificate under section 6111.31 of the 66365
Revised Code, as that section existed before its repeal by H.B. 95 66366
of the 125th general assembly, shall pay a nonrefundable fee of 66367
five hundred dollars at the time the application is submitted. The 66368
director shall transmit all moneys collected under this division 66369
to the treasurer of state for deposit into the surface water 66370
protection fund created in section 6111.038 of the Revised Code. A 66371
person paying a certificate fee under this division shall not pay 66372
an application fee under division (S)(1) of this section. On and 66373
after June 26, 2003, persons shall file such applications and pay 66374
the fee as required under sections 5709.20 to 5709.27 of the 66375
Revised Code, and proceeds from the fee shall be credited as 66376
provided in section 5709.212 of the Revised Code.66377

       (Q) Except as otherwise provided in division (R) of this 66378
section, a person issued a permit by the director for a new solid 66379
waste disposal facility other than an incineration or composting 66380
facility, a new infectious waste treatment facility other than an 66381
incineration facility, or a modification of such an existing 66382
facility that includes an increase in the total disposal or 66383
treatment capacity of the facility pursuant to Chapter 3734. of 66384
the Revised Code shall pay a fee of ten dollars per thousand cubic 66385
yards of disposal or treatment capacity, or one thousand dollars, 66386
whichever is greater, except that the total fee for any such 66387
permit shall not exceed eighty thousand dollars. A person issued a 66388
modification of a permit for a solid waste disposal facility or an 66389
infectious waste treatment facility that does not involve an 66390
increase in the total disposal or treatment capacity of the 66391
facility shall pay a fee of one thousand dollars. A person issued 66392
a permit to install a new, or modify an existing, solid waste 66393
transfer facility under that chapter shall pay a fee of two 66394
thousand five hundred dollars. A person issued a permit to install 66395
a new or to modify an existing solid waste incineration or 66396
composting facility, or an existing infectious waste treatment 66397
facility using incineration as its principal method of treatment, 66398
under that chapter shall pay a fee of one thousand dollars. The 66399
increases in the permit fees under this division resulting from 66400
the amendments made by Amended Substitute House Bill 592 of the 66401
117th general assembly do not apply to any person who submitted an 66402
application for a permit to install a new, or modify an existing, 66403
solid waste disposal facility under that chapter prior to 66404
September 1, 1987; any such person shall pay the permit fee 66405
established in this division as it existed prior to June 24, 1988. 66406
In addition to the applicable permit fee under this division, a 66407
person issued a permit to install or modify a solid waste facility 66408
or an infectious waste treatment facility under that chapter who 66409
fails to pay the permit fee to the director in compliance with 66410
division (V) of this section shall pay an additional ten per cent 66411
of the amount of the fee for each week that the permit fee is 66412
late.66413

       Permit and late payment fees paid to the director under this 66414
division shall be credited to the general revenue fund.66415

       (R)(1) A person issued a registration certificate for a scrap 66416
tire collection facility under section 3734.75 of the Revised Code 66417
shall pay a fee of two hundred dollars, except that if the 66418
facility is owned or operated by a motor vehicle salvage dealer 66419
licensed under Chapter 4738. of the Revised Code, the person shall 66420
pay a fee of twenty-five dollars.66421

       (2) A person issued a registration certificate for a new 66422
scrap tire storage facility under section 3734.76 of the Revised 66423
Code shall pay a fee of three hundred dollars, except that if the 66424
facility is owned or operated by a motor vehicle salvage dealer 66425
licensed under Chapter 4738. of the Revised Code, the person shall 66426
pay a fee of twenty-five dollars.66427

       (3) A person issued a permit for a scrap tire storage 66428
facility under section 3734.76 of the Revised Code shall pay a fee 66429
of one thousand dollars, except that if the facility is owned or 66430
operated by a motor vehicle salvage dealer licensed under Chapter 66431
4738. of the Revised Code, the person shall pay a fee of fifty 66432
dollars.66433

       (4) A person issued a permit for a scrap tire monocell or 66434
monofill facility under section 3734.77 of the Revised Code shall 66435
pay a fee of ten dollars per thousand cubic yards of disposal 66436
capacity or one thousand dollars, whichever is greater, except 66437
that the total fee for any such permit shall not exceed eighty 66438
thousand dollars.66439

       (5) A person issued a registration certificate for a scrap 66440
tire recovery facility under section 3734.78 of the Revised Code 66441
shall pay a fee of one hundred dollars.66442

       (6) A person issued a permit for a scrap tire recovery 66443
facility under section 3734.78 of the Revised Code shall pay a fee 66444
of one thousand dollars.66445

       (7) In addition to the applicable registration certificate or 66446
permit fee under divisions (R)(1) to (6) of this section, a person 66447
issued a registration certificate or permit for any such scrap 66448
tire facility who fails to pay the registration certificate or 66449
permit fee to the director in compliance with division (V) of this 66450
section shall pay an additional ten per cent of the amount of the 66451
fee for each week that the fee is late.66452

       (8) The registration certificate, permit, and late payment 66453
fees paid to the director under divisions (R)(1) to (7) of this 66454
section shall be credited to the scrap tire management fund 66455
created in section 3734.82 of the Revised Code.66456

       (S)(1) Except as provided by divisions (L), (M), (N), (O), 66457
(P), and (S)(2) of this section, division (A)(2) of section 66458
3734.05 of the Revised Code, section 3734.79 of the Revised Code, 66459
and rules adopted under division (T)(1) of this section, any 66460
person applying for a registration certificate under section 66461
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit, 66462
variance, or plan approval under Chapter 3734. of the Revised Code 66463
shall pay a nonrefundable fee of fifteen dollars at the time the 66464
application is submitted.66465

       Except as otherwise provided, any person applying for a 66466
permit, variance, or plan approval under Chapter 6109. or 6111. of 66467
the Revised Code shall pay a nonrefundable fee of one hundred 66468
dollars at the time the application is submitted through June 30, 66469
20122014, and a nonrefundable fee of fifteen dollars at the time 66470
the application is submitted on and after July 1, 20122014. 66471
ThroughExcept as provided in division (S)(3) of this section, 66472
through June 30, 20122014, any person applying for a national 66473
pollutant discharge elimination system permit under Chapter 6111. 66474
of the Revised Code shall pay a nonrefundable fee of two hundred 66475
dollars at the time of application for the permit. On and after 66476
July 1, 20122014, such a person shall pay a nonrefundable fee of 66477
fifteen dollars at the time of application.66478

       In addition to the application fee established under division 66479
(S)(1) of this section, any person applying for a national 66480
pollutant discharge elimination system general storm water 66481
construction permit shall pay a nonrefundable fee of twenty 66482
dollars per acre for each acre that is permitted above five acres 66483
at the time the application is submitted. However, the per acreage 66484
fee shall not exceed three hundred dollars. In addition, any 66485
person applying for a national pollutant discharge elimination 66486
system general storm water industrial permit shall pay a 66487
nonrefundable fee of one hundred fifty dollars at the time the 66488
application is submitted.66489

       The director shall transmit all moneys collected under 66490
division (S)(1) of this section pursuant to Chapter 6109. of the 66491
Revised Code to the treasurer of state for deposit into the 66492
drinking water protection fund created in section 6109.30 of the 66493
Revised Code.66494

       The director shall transmit all moneys collected under 66495
division (S)(1) of this section pursuant to Chapter 6111. of the 66496
Revised Code and under division (S)(3) of this section to the 66497
treasurer of state for deposit into the surface water protection 66498
fund created in section 6111.038 of the Revised Code.66499

       If a registration certificate is issued under section 66500
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of 66501
the application fee paid shall be deducted from the amount of the 66502
registration certificate fee due under division (R)(1), (2), or 66503
(5) of this section, as applicable.66504

       If a person submits an electronic application for a 66505
registration certificate, permit, variance, or plan approval for 66506
which an application fee is established under division (S)(1) of 66507
this section, the person shall pay the applicable application fee 66508
as expeditiously as possible after the submission of the 66509
electronic application. An application for a registration 66510
certificate, permit, variance, or plan approval for which an 66511
application fee is established under division (S)(1) of this 66512
section shall not be reviewed or processed until the applicable 66513
application fee, and any other fees established under this 66514
division, are paid.66515

       (2) Division (S)(1) of this section does not apply to an 66516
application for a registration certificate for a scrap tire 66517
collection or storage facility submitted under section 3734.75 or 66518
3734.76 of the Revised Code, as applicable, if the owner or 66519
operator of the facility or proposed facility is a motor vehicle 66520
salvage dealer licensed under Chapter 4738. of the Revised Code.66521

       (3) A person applying for coverage under a national pollutant 66522
discharge elimination system general discharge permit for 66523
household sewage treatment systems shall pay the following fees:66524

       (a) A nonrefundable fee of two hundred dollars at the time of 66525
application for initial permit coverage;66526

       (b) A nonrefundable fee of one hundred dollars at the time of 66527
application for a renewal of permit coverage.66528

       (T) The director may adopt, amend, and rescind rules in 66529
accordance with Chapter 119. of the Revised Code that do all of 66530
the following:66531

       (1) Prescribe fees to be paid by applicants for and holders 66532
of any license, permit, variance, plan approval, or certification 66533
required or authorized by Chapter 3704., 3734., 6109., or 6111. of 66534
the Revised Code that are not specifically established in this 66535
section. The fees shall be designed to defray the cost of 66536
processing, issuing, revoking, modifying, denying, and enforcing 66537
the licenses, permits, variances, plan approvals, and 66538
certifications.66539

       The director shall transmit all moneys collected under rules 66540
adopted under division (T)(1) of this section pursuant to Chapter 66541
6109. of the Revised Code to the treasurer of state for deposit 66542
into the drinking water protection fund created in section 6109.30 66543
of the Revised Code.66544

       The director shall transmit all moneys collected under rules 66545
adopted under division (T)(1) of this section pursuant to Chapter 66546
6111. of the Revised Code to the treasurer of state for deposit 66547
into the surface water protection fund created in section 6111.038 66548
of the Revised Code.66549

       (2) Exempt the state and political subdivisions thereof, 66550
including education facilities or medical facilities owned by the 66551
state or a political subdivision, or any person exempted from 66552
taxation by section 5709.07 or 5709.12 of the Revised Code, from 66553
any fee required by this section;66554

       (3) Provide for the waiver of any fee, or any part thereof, 66555
otherwise required by this section whenever the director 66556
determines that the imposition of the fee would constitute an 66557
unreasonable cost of doing business for any applicant, class of 66558
applicants, or other person subject to the fee;66559

       (4) Prescribe measures that the director considers necessary 66560
to carry out this section.66561

       (U) When the director reasonably demonstrates that the direct 66562
cost to the state associated with the issuance of a permit to 66563
install, license, variance, plan approval, or certification 66564
exceeds the fee for the issuance or review specified by this 66565
section, the director may condition the issuance or review on the 66566
payment by the person receiving the issuance or review of, in 66567
addition to the fee specified by this section, the amount, or any 66568
portion thereof, in excess of the fee specified under this 66569
section. The director shall not so condition issuances for which 66570
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this 66571
section.66572

       (V) Except as provided in divisions (L), (M), and (P) of this 66573
section or unless otherwise prescribed by a rule of the director 66574
adopted pursuant to Chapter 119. of the Revised Code, all fees 66575
required by this section are payable within thirty days after the 66576
issuance of an invoice for the fee by the director or the 66577
effective date of the issuance of the license, permit, variance, 66578
plan approval, or certification. If payment is late, the person 66579
responsible for payment of the fee shall pay an additional ten per 66580
cent of the amount due for each month that it is late.66581

       (W) As used in this section, "fuel-burning equipment," 66582
"fuel-burning equipment input capacity," "incinerator," 66583
"incinerator input capacity," "process," "process weight rate," 66584
"storage tank," "gasoline dispensing facility," "dry cleaning 66585
facility," "design flow discharge," and "new source treatment 66586
works" have the meanings ascribed to those terms by applicable 66587
rules or standards adopted by the director under Chapter 3704. or 66588
6111. of the Revised Code.66589

       (X) As used in divisions (B), (C), (D), (E), (F), (H), (I), 66590
and (J) of this section, and in any other provision of this 66591
section pertaining to fees paid pursuant to Chapter 3704. of the 66592
Revised Code:66593

       (1) "Facility," "federal Clean Air Act," "person," and "Title 66594
V permit" have the same meanings as in section 3704.01 of the 66595
Revised Code.66596

       (2) "Title V permit program" means the following activities 66597
as necessary to meet the requirements of Title V of the federal 66598
Clean Air Act and 40 C.F.R. part 70, including at least:66599

       (a) Preparing and adopting, if applicable, generally 66600
applicable rules or guidance regarding the permit program or its 66601
implementation or enforcement;66602

       (b) Reviewing and acting on any application for a Title V 66603
permit, permit revision, or permit renewal, including the 66604
development of an applicable requirement as part of the processing 66605
of a permit, permit revision, or permit renewal;66606

       (c) Administering the permit program, including the 66607
supporting and tracking of permit applications, compliance 66608
certification, and related data entry;66609

       (d) Determining which sources are subject to the program and 66610
implementing and enforcing the terms of any Title V permit, not 66611
including any court actions or other formal enforcement actions;66612

       (e) Emission and ambient monitoring;66613

       (f) Modeling, analyses, or demonstrations;66614

       (g) Preparing inventories and tracking emissions;66615

       (h) Providing direct and indirect support to small business 66616
stationary sources to determine and meet their obligations under 66617
the federal Clean Air Act pursuant to the small business 66618
stationary source technical and environmental compliance 66619
assistance program required by section 507 of that act and 66620
established in sections 3704.18, 3704.19, and 3706.19 of the 66621
Revised Code.66622

       (Y)(1) Except as provided in divisions (Y)(2), (3), and (4) 66623
of this section, each sewage sludge facility shall pay a 66624
nonrefundable annual sludge fee equal to three dollars and fifty 66625
cents per dry ton of sewage sludge, including the dry tons of 66626
sewage sludge in materials derived from sewage sludge, that the 66627
sewage sludge facility treats or disposes of in this state. The 66628
annual volume of sewage sludge treated or disposed of by a sewage 66629
sludge facility shall be calculated using the first day of January 66630
through the thirty-first day of December of the calendar year 66631
preceding the date on which payment of the fee is due.66632

       (2)(a) Except as provided in division (Y)(2)(d) of this 66633
section, each sewage sludge facility shall pay a minimum annual 66634
sewage sludge fee of one hundred dollars.66635

       (b) The annual sludge fee required to be paid by a sewage 66636
sludge facility that treats or disposes of exceptional quality 66637
sludge in this state shall be thirty-five per cent less per dry 66638
ton of exceptional quality sludge than the fee assessed under 66639
division (Y)(1) of this section, subject to the following 66640
exceptions:66641

       (i) Except as provided in division (Y)(2)(d) of this section, 66642
a sewage sludge facility that treats or disposes of exceptional 66643
quality sludge shall pay a minimum annual sewage sludge fee of one 66644
hundred dollars.66645

       (ii) A sewage sludge facility that treats or disposes of 66646
exceptional quality sludge shall not be required to pay the annual 66647
sludge fee for treatment or disposal in this state of exceptional 66648
quality sludge generated outside of this state and contained in 66649
bags or other containers not greater than one hundred pounds in 66650
capacity.66651

       A thirty-five per cent reduction for exceptional quality 66652
sludge applies to the maximum annual fees established under 66653
division (Y)(3) of this section.66654

       (c) A sewage sludge facility that transfers sewage sludge to 66655
another sewage sludge facility in this state for further treatment 66656
prior to disposal in this state shall not be required to pay the 66657
annual sludge fee for the tons of sewage sludge that have been 66658
transferred. In such a case, the sewage sludge facility that 66659
disposes of the sewage sludge shall pay the annual sludge fee. 66660
However, the facility transferring the sewage sludge shall pay the 66661
one-hundred-dollar minimum fee required under division (Y)(2)(a) 66662
of this section.66663

       In the case of a sewage sludge facility that treats sewage 66664
sludge in this state and transfers it out of this state to another 66665
entity for disposal, the sewage sludge facility in this state 66666
shall be required to pay the annual sludge fee for the tons of 66667
sewage sludge that have been transferred.66668

       (d) A sewage sludge facility that generates sewage sludge 66669
resulting from an average daily discharge flow of less than five 66670
thousand gallons per day is not subject to the fees assessed under 66671
division (Y) of this section.66672

       (3) No sewage sludge facility required to pay the annual 66673
sludge fee shall be required to pay more than the maximum annual 66674
fee for each disposal method that the sewage sludge facility uses. 66675
The maximum annual fee does not include the additional amount that 66676
may be charged under division (Y)(5) of this section for late 66677
payment of the annual sludge fee. The maximum annual fee for the 66678
following methods of disposal of sewage sludge is as follows:66679

       (a) Incineration: five thousand dollars;66680

       (b) Preexisting land reclamation project or disposal in a 66681
landfill: five thousand dollars;66682

       (c) Land application, land reclamation, surface disposal, or 66683
any other disposal method not specified in division (Y)(3)(a) or 66684
(b) of this section: twenty thousand dollars.66685

       (4)(a) In the case of an entity that generates sewage sludge 66686
or a sewage sludge facility that treats sewage sludge and 66687
transfers the sewage sludge to an incineration facility for 66688
disposal, the incineration facility, and not the entity generating 66689
the sewage sludge or the sewage sludge facility treating the 66690
sewage sludge, shall pay the annual sludge fee for the tons of 66691
sewage sludge that are transferred. However, the entity or 66692
facility generating or treating the sewage sludge shall pay the 66693
one-hundred-dollar minimum fee required under division (Y)(2)(a) 66694
of this section.66695

       (b) In the case of an entity that generates sewage sludge and 66696
transfers the sewage sludge to a landfill for disposal or to a 66697
sewage sludge facility for land reclamation or surface disposal, 66698
the entity generating the sewage sludge, and not the landfill or 66699
sewage sludge facility, shall pay the annual sludge fee for the 66700
tons of sewage sludge that are transferred.66701

       (5) Not later than the first day of April of the calendar 66702
year following March 17, 2000, and each first day of April 66703
thereafter, the director shall issue invoices to persons who are 66704
required to pay the annual sludge fee. The invoice shall identify 66705
the nature and amount of the annual sludge fee assessed and state 66706
the first day of May as the deadline for receipt by the director 66707
of objections regarding the amount of the fee and the first day of 66708
July as the deadline for payment of the fee.66709

       Not later than the first day of May following receipt of an 66710
invoice, a person required to pay the annual sludge fee may submit 66711
objections to the director concerning the accuracy of information 66712
regarding the number of dry tons of sewage sludge used to 66713
calculate the amount of the annual sludge fee or regarding whether 66714
the sewage sludge qualifies for the exceptional quality sludge 66715
discount established in division (Y)(2)(b) of this section. The 66716
director may consider the objections and adjust the amount of the 66717
fee to ensure that it is accurate.66718

       If the director does not adjust the amount of the annual 66719
sludge fee in response to a person's objections, the person may 66720
appeal the director's determination in accordance with Chapter 66721
119. of the Revised Code.66722

       Not later than the first day of June, the director shall 66723
notify the objecting person regarding whether the director has 66724
found the objections to be valid and the reasons for the finding. 66725
If the director finds the objections to be valid and adjusts the 66726
amount of the annual sludge fee accordingly, the director shall 66727
issue with the notification a new invoice to the person 66728
identifying the amount of the annual sludge fee assessed and 66729
stating the first day of July as the deadline for payment.66730

       Not later than the first day of July, any person who is 66731
required to do so shall pay the annual sludge fee. Any person who 66732
is required to pay the fee, but who fails to do so on or before 66733
that date shall pay an additional amount that equals ten per cent 66734
of the required annual sludge fee.66735

       (6) The director shall transmit all moneys collected under 66736
division (Y) of this section to the treasurer of state for deposit 66737
into the surface water protection fund created in section 6111.038 66738
of the Revised Code. The moneys shall be used to defray the costs 66739
of administering and enforcing provisions in Chapter 6111. of the 66740
Revised Code and rules adopted under it that govern the use, 66741
storage, treatment, or disposal of sewage sludge.66742

       (7) Beginning in fiscal year 2001, and every two years 66743
thereafter, the director shall review the total amount of moneys 66744
generated by the annual sludge fees to determine if that amount 66745
exceeded six hundred thousand dollars in either of the two 66746
preceding fiscal years. If the total amount of moneys in the fund 66747
exceeded six hundred thousand dollars in either fiscal year, the 66748
director, after review of the fee structure and consultation with 66749
affected persons, shall issue an order reducing the amount of the 66750
fees levied under division (Y) of this section so that the 66751
estimated amount of moneys resulting from the fees will not exceed 66752
six hundred thousand dollars in any fiscal year.66753

       If, upon review of the fees under division (Y)(7) of this 66754
section and after the fees have been reduced, the director 66755
determines that the total amount of moneys collected and 66756
accumulated is less than six hundred thousand dollars, the 66757
director, after review of the fee structure and consultation with 66758
affected persons, may issue an order increasing the amount of the 66759
fees levied under division (Y) of this section so that the 66760
estimated amount of moneys resulting from the fees will be 66761
approximately six hundred thousand dollars. Fees shall never be 66762
increased to an amount exceeding the amount specified in division 66763
(Y)(7) of this section.66764

       Notwithstanding section 119.06 of the Revised Code, the 66765
director may issue an order under division (Y)(7) of this section 66766
without the necessity to hold an adjudicatory hearing in 66767
connection with the order. The issuance of an order under this 66768
division is not an act or action for purposes of section 3745.04 66769
of the Revised Code.66770

       (8) As used in division (Y) of this section:66771

       (a) "Sewage sludge facility" means an entity that performs 66772
treatment on or is responsible for the disposal of sewage sludge.66773

       (b) "Sewage sludge" means a solid, semi-solid, or liquid 66774
residue generated during the treatment of domestic sewage in a 66775
treatment works as defined in section 6111.01 of the Revised Code. 66776
"Sewage sludge" includes, but is not limited to, scum or solids 66777
removed in primary, secondary, or advanced wastewater treatment 66778
processes. "Sewage sludge" does not include ash generated during 66779
the firing of sewage sludge in a sewage sludge incinerator, grit 66780
and screenings generated during preliminary treatment of domestic 66781
sewage in a treatment works, animal manure, residue generated 66782
during treatment of animal manure, or domestic septage.66783

       (c) "Exceptional quality sludge" means sewage sludge that 66784
meets all of the following qualifications:66785

       (i) Satisfies the class A pathogen standards in 40 C.F.R. 66786
503.32(a);66787

       (ii) Satisfies one of the vector attraction reduction 66788
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);66789

       (iii) Does not exceed the ceiling concentration limitations 66790
for metals listed in table one of 40 C.F.R. 503.13;66791

       (iv) Does not exceed the concentration limitations for metals 66792
listed in table three of 40 C.F.R. 503.13.66793

       (d) "Treatment" means the preparation of sewage sludge for 66794
final use or disposal and includes, but is not limited to, 66795
thickening, stabilization, and dewatering of sewage sludge.66796

       (e) "Disposal" means the final use of sewage sludge, 66797
including, but not limited to, land application, land reclamation, 66798
surface disposal, or disposal in a landfill or an incinerator.66799

       (f) "Land application" means the spraying or spreading of 66800
sewage sludge onto the land surface, the injection of sewage 66801
sludge below the land surface, or the incorporation of sewage 66802
sludge into the soil for the purposes of conditioning the soil or 66803
fertilizing crops or vegetation grown in the soil.66804

       (g) "Land reclamation" means the returning of disturbed land 66805
to productive use.66806

       (h) "Surface disposal" means the placement of sludge on an 66807
area of land for disposal, including, but not limited to, 66808
monofills, surface impoundments, lagoons, waste piles, or 66809
dedicated disposal sites.66810

       (i) "Incinerator" means an entity that disposes of sewage 66811
sludge through the combustion of organic matter and inorganic 66812
matter in sewage sludge by high temperatures in an enclosed 66813
device.66814

       (j) "Incineration facility" includes all incinerators owned 66815
or operated by the same entity and located on a contiguous tract 66816
of land. Areas of land are considered to be contiguous even if 66817
they are separated by a public road or highway.66818

       (k) "Annual sludge fee" means the fee assessed under division 66819
(Y)(1) of this section.66820

       (l) "Landfill" means a sanitary landfill facility, as defined 66821
in rules adopted under section 3734.02 of the Revised Code, that 66822
is licensed under section 3734.05 of the Revised Code.66823

       (m) "Preexisting land reclamation project" means a 66824
property-specific land reclamation project that has been in 66825
continuous operation for not less than five years pursuant to 66826
approval of the activity by the director and includes the 66827
implementation of a community outreach program concerning the 66828
activity.66829

       Sec. 3746.02.  (A) Nothing in this chapter applies to any of 66830
the following:66831

       (1) Property for which a voluntary action under this chapter 66832
is precluded by federal law or regulations adopted under federal 66833
law, including, without limitation, any of the following federal 66834
laws or regulations adopted thereunder:66835

       (a) The "Federal Water Pollution Control Act Amendments of 66836
1972," 86 Stat. 886, 33 U.S.C.A. 1251, as amended;66837

       (b) The "Resource Conservation and Recovery Act of 1976," 90 66838
Stat. 2806, 42 U.S.C.A. 6921, as amended;66839

       (c) The "Toxic Substances Control Act," 90 Stat. 2003 (1976), 66840
15 U.S.C.A. 2601, as amended;66841

       (d) The "Comprehensive Environmental Response, Compensation, 66842
and Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9601, as 66843
amended;66844

       (e) The "Safe Drinking Water Act," 88 Stat. 1661 (1974), 42 66845
U.S.C.A. 300(f), as amended.66846

       (2) Those portions of property where closure of a hazardous 66847
waste facility or solid waste facility is required under Chapter 66848
3734. of the Revised Code or rules adopted under it;66849

       (3) Property orExcept for a class C release as defined in 66850
section 3737.87 of the Revised Code, properties regardless of 66851
ownership that are subject to remediation rules adopted under the 66852
authority of the division of fire marshal in the department of 66853
commerce, including remediation rules adopted under sections 66854
3737.88, 3737.882, and 3737.889 of the Revised Code;66855

       (4) Property that is subject to Chapter 1509. of the Revised 66856
Code;66857

       (5) Any other property if the director of environmental 66858
protection has issued a letter notifying the owner or operator of 66859
the property that hethe director will issue an enforcement order 66860
under Chapter 3704., 3734., or 6111. of the Revised Code, a 66861
release or threatened release of a hazardous substance or 66862
petroleum from or at the property poses a substantial threat to 66863
public health or safety or the environment, and the person subject 66864
to the order does not present sufficient evidence to the director 66865
that hethe person has entered into the voluntary action program 66866
under this chapter and is proceeding expeditiously to address that 66867
threat. For the purposes of this division, the evidence 66868
constituting sufficient evidence of entry into the voluntary 66869
action program under this chapter shall be defined by the director 66870
by rules adopted under section 3746.04 of the Revised Code. Until 66871
such time as the director has adopted those rules, the director, 66872
at a minimum, shall consider the existence of a contract with a 66873
certified professional to appropriately respond to the threat 66874
named in the director's letter informing the person of histhe 66875
director's intent to issue an enforcement order and the 66876
availability of financial resources to complete the contract to be 66877
sufficient evidence of entry into the program.66878

       (B) The application of any provision of division (A) of this 66879
section to a portion of property does not preclude participation 66880
in the voluntary action program under this chapter in connection 66881
with other portions of the property where those provisions do not 66882
apply.66883

       (C) As used in this section, "property" means any parcel of 66884
real property, or portion thereof, and any improvements thereto.66885

       Sec. 3750.081.  (A) Notwithstanding any provision in this 66886
chapter to the contrary, an owner or operator of a facility that 66887
is regulated under Chapter 1509. of the Revised Code who has filed 66888
a log in accordance with section 1509.10 of the Revised Code and a 66889
production statement in accordance with section 1509.11 of the 66890
Revised Code shall be deemed to have satisfied all of the 66891
inventory, notification, listing, and other submission and filing 66892
requirements established under this chapter, except for the 66893
release reporting requirements established under section 3750.06 66894
of the Revised Code.66895

       (B) The emergency response commission and every local 66896
emergency planning committee and fire department in this state 66897
shall establish a means by which to access, view, and retrieve 66898
information, through the use of the internet or a computer disk, 66899
from the electronic database maintained by the division of mineral66900
oil and gas resources management in the department of natural 66901
resources in accordance with section 1509.23 of the Revised Code. 66902
With respect to facilities regulated under Chapter 1509. of the 66903
Revised Code, the database shall be the means of providing and 66904
receiving the information described in division (A) of this 66905
section.66906

       Sec. 3769.07.  Except as otherwise provided in this section, 66907
no permit shall be issued under sections 3769.01 to 3769.14 of the 66908
Revised Code, authorizing the conduct of a live racing program for 66909
thoroughbred horses and quarter horses at any place, track, or 66910
enclosure except between the hours of twelve noon and seven p.m., 66911
for running horse-racing meetings, except that on special events 66912
days running horse-racing meetings may begin at nine a.m. by 66913
application to the state racing commission and except that the 66914
seven p.m. time may be extended to eight p.m. on a Sunday or 66915
holiday by application to the commission, and no permit shall be 66916
issued under those sections authorizing the conduct of a live 66917
racing program for harness horses at any place, track, or 66918
enclosure except between the hours of twelve noon and twelve 66919
midnight for light harness horse-racing meetings. The seven p.m. 66920
and eight p.m. closing times described in this section shall upon 66921
application to the commission be extended to nineeleven p.m. for 66922
any running horse-racing meeting conducted between the fifteenth 66923
day of May and the fifteenth day of September at a track that is 66924
located more than twenty-five miles from a track located in this 66925
state where a light harness horse-racing meeting, other than a 66926
light harness horse-racing meeting at a county fair or independent 66927
fair, is being conducted and that is located less than twenty-five 66928
miles from a track located outside this state. A permit issued for 66929
horse racing at a county fair shall authorize live horse racing to 66930
begin at nine a.m. 66931

       No permit shall be granted for the holding or conducting of a 66932
horse-racing meeting after the tenth day of December in any 66933
calendar year, except for racing at winterized tracks. "Winterized 66934
track" means a track with enclosed club house or grandstand, 66935
all-weather racing track, heated facilities for jockeys or 66936
drivers, backstretch facilities that are properly prepared for 66937
winter racing, and adequate snow removal equipment available. 66938

       No permit shall be issued for more than an aggregate of 66939
fifty-six racing days in any one calendar year, except that an 66940
additional five days of racing may be approved by the commission 66941
upon application by a permit holder and except that an additional 66942
thirty days of racing may be granted for racing at any time after 66943
the fifteenth day of October and prior to the fifteenth day of 66944
March to a permit holder who has a winterized facility, but no 66945
more than thirty such additional days may be issued at any one 66946
track or enclosure. No more than an aggregate of fifty-six racing 66947
days shall be issued in any one calendar year for any one race 66948
track, place, or enclosure, except for the additional five days of 66949
racing for each permit holder which may be approved by the 66950
commission pursuant to this section, except as provided in 66951
sections 3769.071 and 3769.13 of the Revised Code, except for 66952
racing days granted as a result of a winterized facility, and 66953
except that the commission may issue a second permit for a maximum 66954
of fifty-six racing days for any one track, place, or enclosure, 66955
if the commission determines that the issuance of such second 66956
permit is not against the public interest. No such second permit 66957
shall be issued:66958

       (A) For the operation of racing in any county with a 66959
population of less than seven hundred thousand or for the 66960
operation of racing in any county which has more than one race 66961
track at which a racing meet has been authorized, except as 66962
provided in this division and in sections 3769.071 and 3769.13 of 66963
the Revised Code, in the same year by the commission. A second 66964
permit issued pursuant to this division may be issued at either or 66965
both race tracks in a county that has only two race tracks if a 66966
racing meet has been authorized at both race tracks in the same 66967
year by the commission and one race track has been authorized to 66968
conduct thoroughbred racing meets and the other race track has 66969
been authorized to conduct harness racing meets. When such second 66970
permit is issued pursuant to this division for racing at the one 66971
race track, racing shall not be conducted at that race track on 66972
the same day that racing is conducted at the other race track in 66973
the county except by mutual agreement of the two race tracks.66974

       (B) To any corporation having one or more shareholders owning 66975
an interest in any other permit issued by the commission for the 66976
operation of racing, in the same year, at any other race track, 66977
place, or enclosure in this state;66978

       (C) To any person, association, or trust which owns, or which 66979
has any members owning, an interest in any other permit issued by 66980
the commission for the operation of racing, in the same year, at 66981
any other race track, place, or enclosure in this state.66982

       No permit shall be issued so as to permit live racing 66983
programs on the same hour at more than one track in one county or 66984
on tracks in operation in 1975 within fifty miles of each other, 66985
nor shall any other form of pari-mutuel wagering other than horse 66986
racing be permitted within seventy-five miles of a track where 66987
horse racing is being conducted, except that this provision shall 66988
not apply to a horse-racing meeting held at the state fair or at a 66989
fair conducted by a county agricultural society or at a fair 66990
conducted by an independent agricultural society. Distribution of 66991
days shall not apply to fairs or horse shows not required to 66992
secure a permit under such section. Notwithstanding any other 66993
provision of this chapter, a person, association, trust, or 66994
corporation may own or operate two separate facilities in this 66995
state that are conducting horse-racing meetings.66996

       A permit, granted under sections 3769.01 to 3769.14 of the 66997
Revised Code, shall be conspicuously displayed during the 66998
horse-racing meeting in the principal office at such race track 66999
and at all reasonable times shall be exhibited to any authorized 67000
person requesting to see the same.67001

       Sec. 3769.08.  (A) Any person holding a permit to conduct a 67002
horse-racing meeting may provide a place in the race meeting 67003
grounds or enclosure at which the permit holder may conduct and 67004
supervise the pari-mutuel system of wagering by patrons of legal 67005
age on the live racing programs and simulcast racing programs 67006
conducted by the permit holder.67007

       The pari-mutuel method of wagering upon the live racing 67008
programs and simulcast racing programs held at or conducted within 67009
such race track, and at the time of such horse-racing meeting, or 67010
at other times authorized by the state racing commission, shall 67011
not be unlawful. No other place, except that provided and 67012
designated by the permit holder and except as provided in section 67013
3769.26 of the Revised Code, nor any other method or system of 67014
betting or wagering, except the pari-mutuel system, shall be used 67015
or permitted by the permit holder; nor, except as provided in 67016
section 3769.089 or 3769.26 of the Revised Code, shall the 67017
pari-mutuel system of wagering be conducted by the permit holder 67018
on any races except the races at the race track, grounds, or 67019
enclosure for which the person holds a permit. Each permit holder 67020
may retain as a commission an amount not to exceed eighteen per 67021
cent of the total of all moneys wagered.67022

       The pari-mutuel wagering authorized by this section is 67023
subject to sections 3769.25 to 3769.28 of the Revised Code.67024

       (B) At the close of each racing day, each permit holder 67025
authorized to conduct thoroughbred racing, out of the amount 67026
retained on that day by the permit holder, shall pay by check, 67027
draft, or money order to the tax commissioner, as a tax, a sum 67028
equal to the following percentages of the total of all moneys 67029
wagered on live racing programs on that day and shall separately 67030
compute and pay by check, draft, or money order to the tax 67031
commissioner, as a tax, a sum equal to the following percentages 67032
of the total of all money wagered on simulcast racing programs on 67033
that day:67034

       (1) One per cent of the first two hundred thousand dollars 67035
wagered, or any part of that amount;67036

       (2) Two per cent of the next one hundred thousand dollars 67037
wagered, or any part of that amount;67038

       (3) Three per cent of the next one hundred thousand dollars 67039
wagered, or any part of that amount;67040

       (4) Four per cent of all sums over four hundred thousand 67041
dollars wagered.67042

       Except as otherwise provided in section 3769.089 of the 67043
Revised Code, each permit holder authorized to conduct 67044
thoroughbred racing shall use for purse money a sum equal to fifty 67045
per cent of the pari-mutuel revenues retained by the permit holder 67046
as a commission after payment of the state tax. This fifty per 67047
cent payment shall be in addition to the purse distribution from 67048
breakage specified in this section.67049

       Subject to division (M) of this section, from the moneys paid 67050
to the tax commissioner by thoroughbred racing permit holders, 67051
one-half of one per cent of the total of all moneys so wagered on 67052
a racing day shall be paid into the Ohio fairs fund created by 67053
section 3769.082 of the Revised Code, one and one-eighth per cent 67054
of the total of all moneys so wagered on a racing day shall be 67055
paid into the Ohio thoroughbred race fund created by section 67056
3769.083 of the Revised Code, and one-quarter of one per cent of 67057
the total of all moneys wagered on a racing day by each permit 67058
holder shall be paid into the state racing commission operating 67059
fund created by section 3769.03 of the Revised Code. The required 67060
payment to the state racing commission operating fund does not 67061
apply to county and independent fairs and agricultural societies. 67062
The remaining moneys may be retained by the permit holder, except 67063
as provided in this section with respect to the odd cents 67064
redistribution. Amounts paid into the PASSPORTnursing home 67065
franchise permit fee fund pursuant to this section and section 67066
3769.26 of the Revised Code shall be used solely for the support 67067
of the PASSPORT program as determined in appropriations made by 67068
the general assembly. If the PASSPORT program is abolished, the 67069
amount that would have been paid to the PASSPORTnursing home 67070
franchise permit fee fund under this chapter shall be paid to the 67071
general revenue fund of the state. As used in this chapter, 67072
"PASSPORT program" means the PASSPORT program created under 67073
section 173.40 of the Revised Code.67074

       The total amount paid to the Ohio thoroughbred race fund 67075
under this section and division (A) of section 3769.087 of the 67076
Revised Code shall not exceed by more than six per cent the total 67077
amount paid to this fund under this section and that section 67078
during the immediately preceding calendar year.67079

       Each year, the total amount calculated for payment into the 67080
Ohio fairs fund under this division, division (C) of this section, 67081
and division (A) of section 3769.087 of the Revised Code shall be 67082
an amount calculated using the percentages specified in this 67083
division, division (C) of this section, and division (A) of 67084
section 3769.087 of the Revised Code.67085

       A permit holder may contract with a thoroughbred horsemen's 67086
organization for the organization to act as a representative of 67087
all thoroughbred owners and trainers participating in a 67088
horse-racing meeting conducted by the permit holder. A 67089
"thoroughbred horsemen's organization" is any corporation or 67090
association that represents, through membership or otherwise, more 67091
than one-half of the aggregate of all thoroughbred owners and 67092
trainers who were licensed and actively participated in racing 67093
within this state during the preceding calendar year. Except as 67094
otherwise provided in this paragraph, any moneys received by a 67095
thoroughbred horsemen's organization shall be used exclusively for 67096
the benefit of thoroughbred owners and trainers racing in this 67097
state through the administrative purposes of the organization, 67098
benevolent activities on behalf of the horsemen, promotion of the 67099
horsemen's rights and interests, and promotion of equine research. 67100
A thoroughbred horsemen's organization may expend not more than an 67101
aggregate of five per cent of its annual gross receipts, or a 67102
larger amount as approved by the organization, for dues, 67103
assessments, and other payments to all other local, national, or 67104
international organizations having as their primary purposes the 67105
promotion of thoroughbred horse racing, thoroughbred horsemen's 67106
rights, and equine research.67107

       (C) Except as otherwise provided in division (B) of this 67108
section, at the close of each racing day, each permit holder 67109
authorized to conduct harness or quarter horse racing, out of the 67110
amount retained that day by the permit holder, shall pay by check, 67111
draft, or money order to the tax commissioner, as a tax, a sum 67112
equal to the following percentages of the total of all moneys 67113
wagered on live racing programs and shall separately compute and 67114
pay by check, draft, or money order to the tax commissioner, as a 67115
tax, a sum equal to the following percentages of the total of all 67116
money wagered on simulcast racing programs on that day:67117

       (1) One per cent of the first two hundred thousand dollars 67118
wagered, or any part of that amount;67119

       (2) Two per cent of the next one hundred thousand dollars 67120
wagered, or any part of that amount;67121

       (3) Three per cent of the next one hundred thousand dollars 67122
wagered, or any part of that amount;67123

       (4) Four per cent of all sums over four hundred thousand 67124
dollars wagered.67125

       Except as otherwise provided in division (B) and subject to 67126
division (M) of this section, from the moneys paid to the tax 67127
commissioner by permit holders authorized to conduct harness or 67128
quarter horse racing, one-half of one per cent of all moneys 67129
wagered on that racing day shall be paid into the Ohio fairs fund; 67130
from the moneys paid to the tax commissioner by permit holders 67131
authorized to conduct harness racing, five-eighths of one per cent 67132
of all moneys wagered on that racing day shall be paid into the 67133
Ohio standardbred development fund; and from the moneys paid to 67134
the tax commissioner by permit holders authorized to conduct 67135
quarter horse racing, five-eighths of one per cent of all moneys 67136
wagered on that racing day shall be paid into the Ohio quarter 67137
horse development fund.67138

       (D) In addition, subject to division (M) of this section, 67139
beginning on January 1, 1996, from the money paid to the tax 67140
commissioner as a tax under this section and division (A) of 67141
section 3769.087 of the Revised Code by harness horse permit 67142
holders, one-half of one per cent of the amount wagered on a 67143
racing day shall be paid into the Ohio standardbred development 67144
fund. Beginning January 1, 1998, the payment to the Ohio 67145
standardbred development fund required under this division does 67146
not apply to county agricultural societies or independent 67147
agricultural societies.67148

       The total amount paid to the Ohio standardbred development 67149
fund under this division, division (C) of this section, and 67150
division (A) of section 3769.087 of the Revised Code and the total 67151
amount paid to the Ohio quarter horse development fund under this 67152
division and division (A) of that section shall not exceed by more 67153
than six per cent the total amount paid into the fund under this 67154
division, division (C) of this section, and division (A) of 67155
section 3769.087 of the Revised Code in the immediately preceding 67156
calendar year.67157

       (E) Subject to division (M) of this section, from the money 67158
paid as a tax under this chapter by harness and quarter horse 67159
permit holders, one-quarter of one per cent of the total of all 67160
moneys wagered on a racing day by each permit holder shall be paid 67161
into the state racing commission operating fund created by section 67162
3769.03 of the Revised Code. This division does not apply to 67163
county and independent fairs and agricultural societies.67164

       (F) Except as otherwise provided in section 3769.089 of the 67165
Revised Code, each permit holder authorized to conduct harness 67166
racing shall pay to the harness horsemen's purse pool a sum equal 67167
to fifty per cent of the pari-mutuel revenues retained by the 67168
permit holder as a commission after payment of the state tax. This 67169
fifty per cent payment is to be in addition to the purse 67170
distribution from breakage specified in this section.67171

       (G) In addition, each permit holder authorized to conduct 67172
harness racing shall be allowed to retain the odd cents of all 67173
redistribution to be made on all mutual contributions exceeding a 67174
sum equal to the next lowest multiple of ten.67175

       Forty per cent of that portion of that total sum of such odd 67176
cents shall be used by the permit holder for purse money for Ohio 67177
sired, bred, and owned colts, for purse money for Ohio bred 67178
horses, and for increased purse money for horse races. Upon the 67179
formation of the corporation described in section 3769.21 of the 67180
Revised Code to establish a harness horsemen's health and 67181
retirement fund, twenty-five per cent of that portion of that 67182
total sum of odd cents shall be paid at the close of each racing 67183
day by the permit holder to that corporation to establish and fund 67184
the health and retirement fund. Until that corporation is formed, 67185
that twenty-five per cent shall be paid at the close of each 67186
racing day by the permit holder to the tax commissioner or the tax 67187
commissioner's agent in the county seat of the county in which the 67188
permit holder operates race meetings. The remaining thirty-five 67189
per cent of that portion of that total sum of odd cents shall be 67190
retained by the permit holder.67191

       (H) In addition, each permit holder authorized to conduct 67192
thoroughbred racing shall be allowed to retain the odd cents of 67193
all redistribution to be made on all mutuel contributions 67194
exceeding a sum equal to the next lowest multiple of ten. Twenty 67195
per cent of that portion of that total sum of such odd cents shall 67196
be used by the permit holder for increased purse money for horse 67197
races. Upon the formation of the corporation described in section 67198
3769.21 of the Revised Code to establish a thoroughbred horsemen's 67199
health and retirement fund, forty-five per cent of that portion of 67200
that total sum of odd cents shall be paid at the close of each 67201
racing day by the permit holder to that corporation to establish 67202
and fund the health and retirement fund. Until that corporation is 67203
formed, that forty-five per cent shall be paid by the permit 67204
holder to the tax commissioner or the tax commissioner's agent in 67205
the county seat of the county in which the permit holder operates 67206
race meetings, at the close of each racing day. The remaining 67207
thirty-five per cent of that portion of that total sum of odd 67208
cents shall be retained by the permit holder.67209

       (I) In addition, each permit holder authorized to conduct 67210
quarter horse racing shall be allowed to retain the odd cents of 67211
all redistribution to be made on all mutuel contributions 67212
exceeding a sum equal to the next lowest multiple of ten, subject 67213
to a tax of twenty-five per cent on that portion of the total sum 67214
of such odd cents that is in excess of two thousand dollars during 67215
a calendar year, which tax shall be paid at the close of each 67216
racing day by the permit holder to the tax commissioner or the tax 67217
commissioner's agent in the county seat of the county within which 67218
the permit holder operates race meetings. Forty per cent of that 67219
portion of that total sum of such odd cents shall be used by the 67220
permit holder for increased purse money for horse races. The 67221
remaining thirty-five per cent of that portion of that total sum 67222
of odd cents shall be retained by the permit holder.67223

       (J)(1) To encourage the improvement of racing facilities for 67224
the benefit of the public, breeders, and horse owners, and to 67225
increase the revenue to the state from the increase in pari-mutuel 67226
wagering resulting from those improvements, the taxes paid by a 67227
permit holder to the state as provided for in this chapter shall 67228
be reduced by three-fourths of one per cent of the total amount 67229
wagered for those permit holders who make capital improvements to 67230
existing race tracks or construct new race tracks. The percentage 67231
of the reduction that may be taken each racing day shall equal 67232
seventy-five per cent of the taxes levied under divisions (B) and 67233
(C) of this section and section 3769.087 of the Revised Code, and 67234
division (F)(2) of section 3769.26 of the Revised Code, as 67235
applicable, divided by the calculated amount each fund should 67236
receive under divisions (B) and (C) of this section and section 67237
3769.087 of the Revised Code, and division (F)(2) of section 67238
3769.26 of the Revised Code and the reduction provided for in this 67239
division. If the resulting percentage is less than one, that 67240
percentage shall be multiplied by the amount of the reduction 67241
provided for in this division. Otherwise, the permit holder shall 67242
receive the full reduction provided for in this division. The 67243
amount of the allowable reduction not received shall be carried 67244
forward and applied against future tax liability. After any 67245
reductions expire, any reduction carried forward shall be treated 67246
as a reduction as provided for in this division.67247

       If more than one permit holder is authorized to conduct 67248
racing at the facility that is being built or improved, the cost 67249
of the new race track or capital improvement shall be allocated 67250
between or among all the permit holders in the ratio that the 67251
permit holders' number of racing days bears to the total number of 67252
racing days conducted at the facility.67253

       A reduction for a new race track or a capital improvement 67254
shall start from the day racing is first conducted following the 67255
date actual construction of the new race track or each capital 67256
improvement is completed and the construction cost has been 67257
approved by the racing commission, unless otherwise provided in 67258
this section. A reduction for a new race track or a capital 67259
improvement shall continue for a period of twenty-five years for 67260
new race tracks and for fifteen years for capital improvements if 67261
the construction of the capital improvement or new race track 67262
commenced prior to March 29, 1988, and for a period of ten years 67263
for new race tracks or capital improvements if the construction of 67264
the capital improvement or new race track commenced on or after 67265
March 29, 1988, but before the effective date of this amendment67266
June 6, 2001, or until the total tax reduction reaches seventy per 67267
cent of the approved cost of the new race track or capital 67268
improvement, as allocated to each permit holder, whichever occurs 67269
first. A reduction for a new race track or a capital improvement 67270
approved after the effective date of this amendmentJune 6, 2001,67271
shall continue until the total tax reduction reaches one hundred 67272
per cent of the approved cost of the new race track or capital 67273
improvement, as allocated to each permit holder.67274

       A reduction granted for a new race track or a capital 67275
improvement, the application for which was approved by the racing 67276
commission after March 29, 1988, but before the effective date of 67277
this amendmentJune 6, 2001, shall not commence nor shall the 67278
ten-year period begin to run until all prior tax reductions with 67279
respect to the same race track have ended. The total tax reduction 67280
because of capital improvements shall not during any one year 67281
exceed for all permit holders using any one track three-fourths of 67282
one per cent of the total amount wagered, regardless of the number 67283
of capital improvements made. Several capital improvements to a 67284
race track may be consolidated in an application if the racing 67285
commission approved the application prior to March 29, 1988. No 67286
permit holder may receive a tax reduction for a capital 67287
improvement approved by the racing commission on or after March 67288
29, 1988, at a race track until all tax reductions have ended for 67289
all prior capital improvements approved by the racing commission 67290
under this section or section 3769.20 of the Revised Code at that 67291
race track. If there are two or more permit holders operating 67292
meetings at the same track, they may consolidate their 67293
applications. The racing commission shall notify the tax 67294
commissioner when the reduction of tax begins and when it ends.67295

       Each fiscal year the racing commission shall submit a report 67296
to the tax commissioner, the office of budget and management, and 67297
the legislative service commission. The report shall identify each 67298
capital improvement project undertaken under this division and in 67299
progress at each race track, indicate the total cost of each 67300
project, state the tax reduction that resulted from each project 67301
during the immediately preceding fiscal year, estimate the tax 67302
reduction that will result from each project during the current 67303
fiscal year, state the total tax reduction that resulted from all 67304
such projects at all race tracks during the immediately preceding 67305
fiscal year, and estimate the total tax reduction that will result 67306
from all such projects at all race tracks during the current 67307
fiscal year.67308

       (2) In order to qualify for the reduction in tax, a permit 67309
holder shall apply to the racing commission in such form as the 67310
commission may require and shall provide full details of the new 67311
race track or capital improvement, including a schedule for its 67312
construction and completion, and set forth the costs and expenses 67313
incurred in connection with it. The racing commission shall not 67314
approve an application unless the permit holder shows that a 67315
contract for the new race track or capital improvement has been 67316
let under an unrestricted competitive bidding procedure, unless 67317
the contract is exempted by the controlling board because of its 67318
unusual nature. In determining whether to approve an application, 67319
the racing commission shall consider whether the new race track or 67320
capital improvement will promote the safety, convenience, and 67321
comfort of the racing public and horse owners and generally tend 67322
towards the improvement of racing in this state.67323

       (3) If a new race track or capital improvement is approved by 67324
the racing commission and construction has started, the tax 67325
reduction may be authorized by the commission upon presentation of 67326
copies of paid bills in excess of one hundred thousand dollars or 67327
ten per cent of the approved cost, whichever is greater. After the 67328
initial authorization, the permit holder shall present copies of 67329
paid bills. If the permit holder is in substantial compliance with 67330
the schedule for construction and completion of the new race track 67331
or capital improvement, the racing commission may authorize the 67332
continuation of the tax reduction upon the presentation of the 67333
additional paid bills. The total amount of the tax reduction 67334
authorized shall not exceed the percentage of the approved cost of 67335
the new race track or capital improvement specified in division 67336
(J)(1) of this section. The racing commission may terminate any 67337
tax reduction immediately if a permit holder fails to complete the 67338
new race track or capital improvement, or to substantially comply 67339
with the schedule for construction and completion of the new race 67340
track or capital improvement. If a permit holder fails to complete 67341
a new race track or capital improvement, the racing commission 67342
shall order the permit holder to repay to the state the total 67343
amount of tax reduced. The normal tax paid by the permit holder 67344
shall be increased by three-fourths of one per cent of the total 67345
amount wagered until the total amount of the additional tax 67346
collected equals the total amount of tax reduced.67347

       (4) As used in this section:67348

       (a) "Capital improvement" means an addition, replacement, or 67349
remodeling of a structural unit of a race track facility costing 67350
at least one hundred thousand dollars, including, but not limited 67351
to, the construction of barns used exclusively for the race track 67352
facility, backstretch facilities for horsemen, paddock facilities, 67353
new pari-mutuel and totalizator equipment and appurtenances to 67354
that equipment purchased by the track, new access roads, new 67355
parking areas, the complete reconstruction, reshaping, and 67356
leveling of the racing surface and appurtenances, the installation 67357
of permanent new heating or air conditioning, roof replacement or 67358
restoration, installations of a permanent nature forming a part of 67359
the track structure, and construction of buildings that are 67360
located on a permit holder's premises. "Capital improvement" does 67361
not include the cost of replacement of equipment that is not 67362
permanently installed, ordinary repairs, painting, and maintenance 67363
required to keep a race track facility in ordinary operating 67364
condition.67365

       (b) "New race track" includes the reconstruction of a race 67366
track damaged by fire or other cause that has been declared by the 67367
racing commission, as a result of the damage, to be an inadequate 67368
facility for the safe operation of horse racing.67369

       (c) "Approved cost" includes all debt service and interest 67370
costs that are associated with a capital improvement or new race 67371
track and that the racing commission approves for a tax reduction 67372
under division (J) of this section.67373

       (5) The racing commission shall not approve an application 67374
for a tax reduction under this section if it has reasonable cause 67375
to believe that the actions or negligence of the permit holder 67376
substantially contributed to the damage suffered by the track due 67377
to fire or other cause. The racing commission shall obtain any 67378
data or information available from a fire marshal, law enforcement 67379
official, or insurance company concerning any fire or other damage 67380
suffered by a track, prior to approving an application for a tax 67381
reduction.67382

       (6) The approved cost to which a tax reduction applies shall 67383
be determined by generally accepted accounting principles and 67384
verified by an audit of the permit holder's records upon 67385
completion of the project by the racing commission, or by an 67386
independent certified public accountant selected by the permit 67387
holder and approved by the commission.67388

       (K) No other license or excise tax or fee, except as provided 67389
in sections 3769.01 to 3769.14 of the Revised Code, shall be 67390
assessed or collected from such licensee by any county, township, 67391
district, municipal corporation, or other body having power to 67392
assess or collect a tax or fee. That portion of the tax paid under 67393
this section by permit holders for racing conducted at and during 67394
the course of an agricultural exposition or fair, and that portion 67395
of the tax that would have been paid by eligible permit holders 67396
into the PASSPORTnursing home franchise permit fee fund as a 67397
result of racing conducted at and during the course of an 67398
agricultural exposition or fair, shall be deposited into the state 67399
treasury to the credit of the horse racing tax fund, which is 67400
hereby created for the use of the agricultural societies of the 67401
several counties in which the taxes originate. The state racing 67402
commission shall determine eligible permit holders for purposes of 67403
the preceding sentence, taking into account the breed of horse, 67404
the racing dates, the geographic proximity to the fair, and the 67405
best interests of Ohio racing. On the first day of any month on 67406
which there is money in the fund, the tax commissioner shall 67407
provide for payment to the treasurer of each agricultural society 67408
the amount of the taxes collected under this section upon racing 67409
conducted at and during the course of any exposition or fair 67410
conducted by the society.67411

       (L) From the tax paid under this section by harness track 67412
permit holders, the tax commissioner shall pay into the Ohio 67413
thoroughbred race fund a sum equal to a percentage of the amount 67414
wagered upon which the tax is paid. The percentage shall be 67415
determined by the tax commissioner and shall be rounded to the 67416
nearest one-hundredth. The percentage shall be such that, when 67417
multiplied by the amount wagered upon which tax was paid by the 67418
harness track permit holders in the most recent year for which 67419
final figures are available, it results in a sum that 67420
substantially equals the same amount of tax paid by the tax 67421
commissioner during that year into the Ohio fairs fund from taxes 67422
paid by thoroughbred permit holders. This division does not apply 67423
to county and independent fairs and agricultural societies.67424

       (M) Twenty-five per cent of the taxes levied on thoroughbred 67425
racing permit holders, harness racing permit holders, and quarter 67426
horse racing permit holders under this section, division (A) of 67427
section 3769.087 of the Revised Code, and division (F)(2) of 67428
section 3769.26 of the Revised Code shall be paid into the67429
PASSPORTnursing home franchise permit fee fund. The tax 67430
commissioner shall pay any money remaining, after the payment into 67431
the PASSPORTnursing home franchise permit fee fund and the 67432
reductions provided for in division (J) of this section and in 67433
section 3769.20 of the Revised Code, into the Ohio fairs fund, 67434
Ohio thoroughbred race fund, Ohio standardbred development fund, 67435
Ohio quarter horse fund, and state racing commission operating 67436
fund as prescribed in this section and division (A) of section 67437
3769.087 of the Revised Code. The tax commissioner shall 67438
thereafter use and apply the balance of the money paid as a tax by 67439
any permit holder to cover any shortage in the accounts of such 67440
funds resulting from an insufficient payment as a tax by any other 67441
permit holder. The moneys received by the tax commissioner shall 67442
be deposited weekly and paid by the tax commissioner into the 67443
funds to cover the total aggregate amount due from all permit 67444
holders to the funds, as calculated under this section and 67445
division (A) of section 3769.087 of the Revised Code, as 67446
applicable. If, after the payment into the PASSPORTnursing home 67447
franchise permit fee fund, sufficient funds are not available from 67448
the tax deposited by the tax commissioner to pay the required 67449
amounts into the Ohio fairs fund, Ohio standardbred development 67450
fund, Ohio thoroughbred race fund, Ohio quarter horse fund, and 67451
the state racing commission operating fund, the tax commissioner 67452
shall prorate on a proportional basis the amount paid to each of 67453
the funds. Any shortage to the funds as a result of a proration 67454
shall be applied against future deposits for the same calendar 67455
year when funds are available. After this application, the tax 67456
commissioner shall pay any remaining money paid as a tax by all 67457
permit holders into the PASSPORTnursing home franchise permit fee67458
fund. This division does not apply to permit holders conducting 67459
racing at the course of an agricultural exposition or fair as 67460
described in division (K) of this section.67461

       Sec. 3769.20.  (A) To encourage the renovation of existing 67462
racing facilities for the benefit of the public, breeders, and 67463
horse owners and to increase the revenue to the state from the 67464
increase in pari-mutuel wagering resulting from such improvement, 67465
the taxes paid by a permit holder to the state, in excess of the 67466
amount paid into the PASSPORTnursing home franchise permit fee67467
fund, shall be reduced by one per cent of the total amount wagered 67468
for those permit holders who carry out a major capital improvement 67469
project. The percentage of the reduction that may be taken each 67470
racing day shall equal seventy-five per cent of the amount of the 67471
taxes levied under divisions (B) and (C) of section 3769.08, 67472
section 3769.087, and division (F)(2) of section 3769.26 of the 67473
Revised Code, as applicable, divided by the calculated amount each 67474
fund should receive under divisions (B) and (C) of section 67475
3769.08, section 3769.087, and division (F)(2) of section 3769.26 67476
of the Revised Code and the reduction provided for in this 67477
section. If the resulting percentage is less than one, that 67478
percentage shall be multiplied by the amount of the reduction 67479
provided for in this section. Otherwise, the permit holder shall 67480
receive the full reduction provided for in this section. The 67481
amount of the allowable reduction not received shall be carried 67482
forward and added to any other reduction balance and applied 67483
against future tax liability. After any reductions expire, any 67484
reduction carried forward shall be treated as a reduction as 67485
provided for in this section. If the amount of allowable reduction 67486
exceeds the amount of taxes derived from a permit holder, the 67487
amount of the allowable reduction not used may be carried forward 67488
and applied against future tax liability.67489

       If more than one permit holder is authorized to conduct 67490
racing at the facility that is being improved, the cost of the 67491
major capital improvement project shall be allocated between or 67492
among all the permit holders in the ratio that each permit 67493
holder's number of racing days bears to the total number of racing 67494
days conducted at the facility.67495

       A reduction for a major capital improvement project shall 67496
start from the day racing is first conducted following the date on 67497
which the major capital improvement project is completed and the 67498
construction cost has been approved by the state racing 67499
commission, except as otherwise provided in division (E) of this 67500
section, and shall continue until the total tax reduction equals 67501
the cost of the major capital improvement project plus debt 67502
service applicable to the project. In no event, however, shall any 67503
tax reduction, excluding any reduction balances, be permitted 67504
under this section after December 31, 20142017. The total tax 67505
reduction because of the major capital improvement project shall 67506
not during any one year exceed for all permit holders using any 67507
one track one per cent of the total amount wagered. The racing 67508
commission shall notify the tax commissioner when the reduction of 67509
tax begins and when it ends.67510

       (B) Each fiscal year, the racing commission shall submit a 67511
report to the tax commissioner, the office of budget and 67512
management, and the legislative service commission. The report 67513
shall identify each capital improvement project undertaken under 67514
this section and in progress at each race track, indicate the 67515
total cost of each project, state the tax reduction that resulted 67516
from each project during the immediately preceding fiscal year, 67517
estimate the tax reduction that will result from each project 67518
during the current fiscal year, state the total tax reduction that 67519
resulted from all such projects at all race tracks during the 67520
immediately preceding fiscal year, and estimate the total tax 67521
reduction that will result from all such projects at all race 67522
tracks during the current fiscal year.67523

       (C) The tax reduction granted pursuant to this section shall 67524
be in addition to any tax reductions for capital improvements and 67525
new race tracks provided for in section 3769.08 of the Revised 67526
Code and approved by the racing commission.67527

       (D) In order to qualify for the reduction in tax, a permit 67528
holder shall apply to the racing commission in such form as the 67529
commission may require and shall provide full details of the major 67530
capital improvement project, including plans and specifications, a 67531
schedule for the project's construction and completion, and a 67532
breakdown of proposed costs. In addition, the permit holder shall 67533
have commenced construction of the major capital improvement 67534
project or shall have had the application for the project approved 67535
by the racing commission prior to March 29, 1988. The racing 67536
commission shall not approve an application unless the permit 67537
holder shows that a contract for the major capital improvement 67538
project has been let under an unrestricted competitive bidding 67539
procedure, unless the contract is exempted by the controlling 67540
board because of its unusual nature. In determining whether to 67541
approve an application, the racing commission shall consider 67542
whether the major capital improvement project will promote the 67543
safety, convenience, and comfort of the racing public and horse 67544
owners and generally tend toward the improvement of racing in this 67545
state.67546

       (E) If the major capital improvement project is approved by 67547
the racing commission and construction has started, the tax 67548
reduction may be authorized by the commission upon presentation of 67549
copies of paid bills in excess of five hundred thousand dollars. 67550
After the initial authorization, the permit holder shall present 67551
copies of paid bills in the amount of not less than five hundred 67552
thousand dollars. If the permit holder is in substantial 67553
compliance with the schedule for construction and completion of 67554
the major capital improvement project, the racing commission may 67555
authorize the continuance of the tax reduction upon the 67556
presentation of the additional paid bills in increments of five 67557
hundred thousand dollars. The racing commission may terminate the 67558
tax reduction if a permit holder fails to complete the major 67559
capital improvement project or fails to comply substantially with 67560
the schedule for construction and completion of the major capital 67561
improvement project. If the time for completion of the major 67562
capital improvement project is delayed by acts of God, strikes, or 67563
the unavailability of labor or materials, the time for completion 67564
as set forth in the schedule shall be extended by the period of 67565
the delay. If a permit holder fails to complete the major capital 67566
improvement project, the racing commission shall order the permit 67567
holder to repay to the state the total amount of tax reduced, 67568
unless the permit holder has spent at least six million dollars on 67569
the project. The normal tax paid by the permit holder under 67570
section 3769.08 of the Revised Code shall be increased by one per 67571
cent of the total amount wagered until the total amount of the 67572
additional tax collected equals the total amount of tax reduced. 67573
Any action taken by the racing commission pursuant to this section 67574
in terminating the tax adjustment or requiring repayment of the 67575
amount of tax reduced shall be subject to Chapter 119. of the 67576
Revised Code.67577

       (F) As used in this section, "major capital improvement 67578
project" means the renovation, reconstruction, or remodeling, 67579
costing at least six million dollars, of a race track facility, 67580
including, but not limited to, the construction of barns used 67581
exclusively for that race track facility, backstretch facilities 67582
for horsemen, paddock facilities, pari-mutuel and totalizator 67583
equipment and appurtenances to that equipment purchased by the 67584
track, new access roads, new parking areas, the complete 67585
reconstruction, reshaping, and leveling of the racing surface and 67586
appurtenances, grandstand enclosure, installation of permanent new 67587
heating or air conditioning, roof replacement, and installations 67588
of a permanent nature forming a part of the track structure.67589

       (G) The cost and expenses to which the tax reduction granted 67590
under this section applies shall be determined by generally 67591
accepted accounting principles and be verified by an audit of the 67592
permit holder's records, upon completion of the major capital 67593
improvement project, either by the racing commission or by an 67594
independent certified public accountant selected by the permit 67595
holder and approved by the commission.67596

       (H) This section and section 3769.201 of the Revised Code 67597
govern any tax reduction granted to a permit holder for the cost 67598
to the permit holder of any cleanup, repair, or improvement 67599
required as a result of damage caused by the 1997 Ohio river flood 67600
to the place, track, or enclosure for which the permit is issued.67601

       Sec. 3769.26.  (A)(1) Except as otherwise provided in 67602
division (B) of this section, each track in existence on September 67603
27, 1994, regardless of the number of permit holders authorized to 67604
conduct race meetings at the track, may establish, with the 67605
approval of the state racing commission and the appropriate local 67606
legislative authority, not more than two satellite facilities at 67607
which it may conduct pari-mutuel wagering on horse races conducted 67608
either inside or outside this state and simulcast by a simulcast 67609
host to the satellite facilities. 67610

       (2) Prior to a track's establishing satellite facilities 67611
under this section, the permit holders at that track shall agree 67612
among themselves regarding their respective rights and obligations 67613
with respect to those satellite facilities.67614

       (3)(a) Any track that desires to establish a satellite 67615
facility shall provide written notification of its intent to the 67616
state racing commission and to the appropriate local legislative 67617
authority that is required to approve the satellite facility, 67618
together with detailed plans and specifications for the satellite 67619
facility. The commission shall deliver copies of this notification 67620
to all other tracks in this state, and the commission shall, 67621
within forty-five days after receiving the notification, hold a 67622
hearing on the track's intent to establish a satellite facility. 67623
At this hearing the commission shall consider the evidence 67624
presented and determine whether the request for establishment of a 67625
satellite facility shall be approved.67626

       The commission shall not approve a track's request to 67627
establish a satellite facility if the owner of the premises where 67628
the satellite facility is proposed to be located or if the 67629
proposed operator of the satellite facility has been convicted of 67630
or has pleaded guilty to a gambling offense that is a felony or 67631
any other felony under the laws of this state, any other state, or 67632
the United States that the commission determines to be related to 67633
fitness to be the owner of such a premises or to be the operator 67634
of a satellite facility. As used in division (A)(3)(a) of this 67635
section, "gambling offense" has the same meaning as in section 67636
2915.01 of the Revised Code and "operator" means the individual 67637
who is responsible for the day-to-day operations of a satellite 67638
facility. The commission shall conduct a background investigation 67639
on each person who is the owner of a premises where a satellite 67640
facility is proposed to be located or who is proposed to be the 67641
operator or an employee of a satellite facility. The commission 67642
shall adopt rules in accordance with Chapter 119. of the Revised 67643
Code that specify the specific information the commission shall 67644
collect in conducting such a background investigation.67645

       No track shall knowingly contract with a person as the owner 67646
of the premises where a satellite facility is located, or 67647
knowingly employ a person as the operator or an employee of a 67648
satellite facility, who has been convicted of or pleaded guilty to 67649
a gambling offense that is a felony or any other felony under the 67650
laws of this state, any other state, or the United States that the 67651
commission determines to be related to fitness to be the owner of 67652
such a premises or to be the operator or an employee of a 67653
satellite facility. The commission may impose a fine in an amount 67654
not to exceed ten thousand dollars on any track that violates any 67655
of these prohibitions.67656

       (b) Each track that receives the notification described in 67657
division (A)(3)(a) of this section shall notify the commission and 67658
the track that desires to establish the satellite facility, within 67659
thirty days after receiving the notification from the commission, 67660
indicating whether or not it desires to participate in the joint 67661
ownership of the facility. Ownership shall be distributed equally 67662
among the tracks that choose to participate in the joint ownership 67663
of the facility unless the participating tracks agree to and 67664
contract otherwise. Tracks that fail to respond to the commission 67665
and the track that desires to establish the satellite facility 67666
within this thirty-day period regarding the ownership of the 67667
particular satellite facility are not eligible to participate in 67668
its ownership.67669

       (B) If, within three years after September 27, 1994, a track 67670
in existence on September 27, 1994, does not establish both of the 67671
satellite facilities it is authorized to establish under division 67672
(A) of this section, another track, with the approval of the 67673
racing commission, may establish in accordance with this section a 67674
number of additional satellite facilities that does not exceed the 67675
number of satellite facilities that the first track did not 67676
establish. However, no more than fourteen satellite facilities may 67677
be established in this state.67678

       (C) Except as otherwise provided in this division, each 67679
permit holder in this state shall allow the races that it 67680
conducts, and the races conducted outside this state that it 67681
receives as a simulcast host, to be simulcast to all satellite 67682
facilities operating in this state and shall take all action 67683
necessary to supply its simulcast and wagering information to 67684
these satellite facilities. A permit holder at a track where the 67685
average daily amount wagered for all race meetings during calendar 67686
year 1990 did not exceed two hundred fifty thousand dollars may 67687
elect not to simulcast its races to the satellite facilities. If a 67688
permit holder at such a track chooses to simulcast its races to 67689
satellite facilities, it shall allow its races to be simulcast to 67690
all satellite facilities operating in this state. Except as 67691
otherwise provided in this division, each satellite facility shall 67692
receive simulcasts of and conduct pari-mutuel wagering on all live 67693
racing programs being conducted at any track in this state and on 67694
all agreed simulcast racing programs, as provided in division (D) 67695
of section 3769.089 of the Revised Code, conducted in other states 67696
that are received by simulcast in this state, without regard to 67697
the breed of horse competing in the race or the time of day of the 67698
race.67699

       No satellite facility may receive simulcasts of horse races 67700
during the same hours that a county fair or independent fair 67701
located within the same county as the satellite facility is 67702
conducting pari-mutuel wagering on horse races at that county or 67703
independent fair.67704

       Except as otherwise provided in this division, the commission 67705
shall not approve the establishment of a satellite facility within 67706
a radius of fifty miles of any track. The commission may approve 67707
the establishment of a satellite facility at a location within a 67708
radius of at least thirty-five but not more than fifty miles from 67709
one or more tracks if all of the holders of permits issued for 67710
those tracks consent in writing to the establishment of the 67711
satellite facility. The commission may approve the establishment 67712
of a satellite facility at a location within a radius of 67713
thirty-five miles of more than one race track if all holders of 67714
permits issued for those tracks consent in writing to the 67715
establishment of the satellite facility and, if the tracks are 67716
located completely within one county and the proposed satellite 67717
facility will be located within that county, if both the 67718
legislative authority of the municipal corporation in that county 67719
with the largest population, and the appropriate legislative 67720
authority that is required to approve the satellite facility under 67721
division (A)(1) of this section, approve the establishment of the 67722
new satellite facility. The commission may approve the 67723
establishment of a satellite facility at a location within a 67724
radius of less than twenty miles from an existing satellite 67725
facility if the owner of the existing satellite facility consents 67726
in writing to the establishment of the new satellite facility.67727

       A satellite facility shall not receive simulcasts of horse 67728
races conducted outside this state on any day when no simulcast 67729
host is operating.67730

       (D) Each simulcast host is responsible for paying all costs 67731
associated with the up-link for simulcasts. Each satellite 67732
facility is responsible for paying all costs associated with the 67733
reception of simulcasts and the operation of the satellite 67734
facility.67735

       (E) All money wagered at the simulcast host, and all money 67736
wagered at all satellite facilities on races simulcast from the 67737
simulcast host, shall be included in a common pari-mutuel pool at 67738
the simulcast host. Except as otherwise provided in division 67739
(F)(6) of this section, the payment shall be the same for all 67740
winning tickets whether a wager is placed at a simulcast host or a 67741
satellite facility. Wagers placed at a satellite facility shall 67742
conform in denomination, character, terms, conditions, and in all 67743
other respects to wagers placed at the simulcast host for the same 67744
race.67745

       (F)(1) As used in division (F) of this section, "effective 67746
rate" means the effective gross tax percentage applicable at the 67747
simulcast host, determined in accordance with sections 3769.08 and 67748
3769.087 of the Revised Code, after combining the money wagered at 67749
the simulcast host with the money wagered at satellite facilities 67750
on races simulcast from the host track.67751

       (2) For the purposes of calculating the amount of taxes to be 67752
paid and the amount of commissions to be retained by permit 67753
holders, fifty per cent of the amount wagered at satellite 67754
facilities on a live racing program simulcast from a simulcast 67755
host shall be allocated to the permit holder's live race wagering 67756
at that simulcast host that conducts the live racing program, and 67757
fifty per cent of the amount wagered at satellite facilities on 67758
simulcast racing programs conducted outside this state shall be 67759
allocated to, and apportioned equally among, the permit holders 67760
acting as simulcast hosts for the out-of-state simulcast racing 67761
programs. The remainder of the amount wagered at a satellite 67762
facility on races simulcast from a simulcast host shall be 67763
allocated to the satellite facility. In computing the tax due on 67764
the amount allocated to the satellite facility, if there is more 67765
than one simulcast host for out-of-state simulcast racing 67766
programs, the effective rate applied by the satellite facility 67767
shall be the tax rate applicable to the simulcast host that pays 67768
the highest effective rate under section 3769.08 of the Revised 67769
Code on such simulcast racing programs.67770

       (3) The portion of the amount wagered that is allocated to a 67771
simulcast host under division (F)(2) of this section shall be 67772
treated, for the purposes of calculating the amount of taxes to be 67773
paid and commissions to be retained, as having been wagered at the 67774
simulcast host on a live racing program or on a simulcast racing 67775
program. The permit holder at the simulcast host shall pay, by 67776
check, draft, or money order to the state tax commissioner, as a 67777
tax, the tax specified in sections 3769.08 and 3769.087 of the 67778
Revised Code, as applicable, except that the tax shall be 67779
calculated using the effective rate, and the permit holder may 67780
retain as a commission the percentage of the amount wagered as 67781
specified in those sections. From the tax collected, the tax 67782
commissioner shall make distributions to the respective funds, and 67783
in the proper amounts, as required by sections 3769.08 and 67784
3769.087 of the Revised Code, as applicable.67785

       (4) From the portion of the amount wagered that is allocated 67786
to a satellite facility under division (F)(2) of this section, the 67787
satellite facility may retain as a commission the amount specified 67788
in section 3769.08 or 3769.087 of the Revised Code, as applicable. 67789
The portion of the amount wagered that is allocated to a satellite 67790
facility shall be subject to tax at the effective rate as follows:67791

       (a) One per cent of such amount allocated to the satellite 67792
facility shall be paid as a tax each racing day to the tax 67793
commissioner for deposit into the PASSPORTnursing home franchise 67794
permit fee fund.67795

       (b) The remaining balance of the taxes calculated at the 67796
effective rate, after payment of the tax specified in division 67797
(F)(4)(a) of this section, shall be retained by the satellite 67798
facility to pay for those costs associated with the reception of 67799
the simulcasts.67800

       (5) From the commission retained by a satellite facility 67801
after the deduction of the tax paid at the effective rate under 67802
division (F)(4) of this section, the satellite facility shall 67803
retain an amount equal to two and three-eighths per cent of the 67804
amount wagered that day on simulcast racing programs and the 67805
balance shall be divided as follows:67806

       (a) One-half shall be paid to the owner of the satellite 67807
facility;67808

       (b) One-half shall be paid to the state racing commission for 67809
deposit into the Ohio combined simulcast horse racing purse fund.67810

       (6) In addition to the commission retained under this 67811
section, a satellite facility shall retain two and one-half per 67812
cent of the amount that would otherwise be paid on each winning 67813
wager unless the retention of this amount would either cause or 67814
add to a minus pool. As used in division (F)(6) of this section, 67815
"minus pool" means a wagering pool in which a winning wager is 67816
paid off at less than one hundred ten per cent of the amount of 67817
the wager. The amount retained shall be paid each racing day to 67818
the tax commissioner for deposit into the PASSPORTnursing home 67819
franchise permit fee fund.67820

       (7) At the close of each day, each satellite facility shall 67821
pay, by check, draft, or money order, or by wire transfer of 67822
funds, out of the money retained on that day to the collection and 67823
settlement agent the required fee to be paid by the simulcast host 67824
to the tracks, racing associations, or state regulatory agencies 67825
located outside this state for simulcasts into this state computed 67826
and based on one-half of the amount wagered at the satellite 67827
facility that day on interstate simulcast racing programs.67828

       (G) No license, fee, or excise tax, other than as specified 67829
in division (F)(6) of this section, shall be assessed upon or 67830
collected from a satellite facility, the owners of a satellite 67831
facility, or the holders of permits issued for a track that has 67832
established a satellite facility by any county, township, 67833
municipal corporation, district, or other body having the 67834
authority to assess or collect a tax or fee.67835

       (H) In no case shall that portion of the commissions 67836
designated for purses from satellite facilities be less than that 67837
portion of those commissions designated for purses at the 67838
simulcast host.67839

       (I) It is the intention of the general assembly in enacting 67840
this section not to adversely affect the amounts paid into the 67841
Ohio thoroughbred race fund created under section 3769.083 of the 67842
Revised Code. Therefore, each track that acts as a simulcast host 67843
under this section shall calculate, on a semi-annual basis during 67844
calendar years 1994, 1995, and 1996, its average daily 67845
contribution to the Ohio thoroughbred race fund created under 67846
section 3769.083 of the Revised Code on those days on which the 67847
track conducted live horse racing. If this average daily 67848
contribution to the fund is less than the average daily 67849
contribution from the same track to the fund during the same 67850
six-month period of calendar year 1992, there shall be contributed 67851
to the fund an amount equal to the average daily shortfall 67852
multiplied by the number of days of live racing conducted during 67853
the six-month period in calendar year 1994, 1995, or 1996, as 67854
applicable. The amount of such contribution shall be allocated 67855
among the simulcast host, the purse program at the simulcast host, 67856
and the satellite facilities for which the track served as the 67857
simulcast host, on a pro rata basis in proportion to the amounts 67858
contributed by them to the fund during such six-month period in 67859
calendar year 1994, 1995, or 1996, as applicable.67860

       Sec. 3770.03.  (A) The state lottery commission shall 67861
promulgate rules under which a statewide lottery may be conducted, 67862
which includes, and since the original enactment of this section 67863
has included, the authority for the commission to operate video 67864
lottery terminal games. Any reference in this chapter to tickets 67865
shall not be construed to in any way limit the authority of the 67866
commission to operate video lottery terminal games. Nothing in 67867
this chapter shall restrict the authority of the commission to 67868
promulgate rules related to the operation of games utilizing video 67869
lottery terminals as described in section 3770.21 of the Revised 67870
Code. The rules shall be promulgated pursuant to Chapter 119. of 67871
the Revised Code, except that instant game rules shall be 67872
promulgated pursuant to section 111.15 of the Revised Code but are 67873
not subject to division (D) of that section. Subjects covered in 67874
these rules shall include, but need not be limited to, the 67875
following:67876

       (1) The type of lottery to be conducted;67877

       (2) The prices of tickets in the lottery;67878

       (3) The type of notices that shall appear on lottery tickets, 67879
including one that shall appear if the word "education" is used in 67880
any advertising for a statewide lottery, which must include 67881
information as to the percentage that lottery profits contribute 67882
to all education funding in the state;67883

       (4) The number, nature, and value of prize awards, the manner 67884
and frequency of prize drawings, and the manner in which prizes 67885
shall be awarded to holders of winning tickets.67886

       (B) The commission shall promulgate rules, in addition to 67887
those described in division (A) of this section, pursuant to 67888
Chapter 119. of the Revised Code under which a statewide lottery 67889
and statewide joint lottery games may be conducted. Subjects 67890
covered in these rules shall include, but not be limited to, the 67891
following:67892

       (1) The locations at which lottery tickets may be sold and 67893
the manner in which they are to be sold. These rules may authorize 67894
the sale of lottery tickets by commission personnel or other 67895
licensed individuals from traveling show wagons at the state fair, 67896
and at any other expositions the director of the commission 67897
considers acceptable. These rules shall prohibit commission 67898
personnel or other licensed individuals from soliciting from an 67899
exposition the right to sell lottery tickets at that exposition, 67900
but shall allow commission personnel or other licensed individuals 67901
to sell lottery tickets at an exposition if the exposition 67902
requests commission personnel or licensed individuals to do so. 67903
These rules may also address the accessibility of sales agent 67904
locations to commission products in accordance with the "Americans 67905
with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101 67906
et seq.67907

       (2) The manner in which lottery sales revenues are to be 67908
collected, including authorization for the director to impose 67909
penalties for failure by lottery sales agents to transfer revenues 67910
to the commission in a timely manner;67911

       (3) The amount of compensation to be paid licensed lottery 67912
sales agents;67913

       (4) The substantive criteria for the licensing of lottery 67914
sales agents consistent with section 3770.05 of the Revised Code, 67915
and procedures for revoking or suspending their licenses 67916
consistent with Chapter 119. of the Revised Code. If 67917
circumstances, such as the nonpayment of funds owed by a lottery 67918
sales agent, or other circumstances related to the public safety, 67919
convenience, or trust, require immediate action, the director may 67920
suspend a license without affording an opportunity for a prior 67921
hearing under section 119.07 of the Revised Code.67922

       (5) Special game rules to implement any agreements signed by 67923
the governor that the director enters into with other lottery 67924
jurisdictions under division (J) of section 3770.02 of the Revised 67925
Code to conduct statewide joint lottery games. The rules shall 67926
require that the entire net proceeds of those games that remain, 67927
after associated operating expenses, prize disbursements, lottery 67928
sales agent bonuses, commissions, and reimbursements, and any 67929
other expenses necessary to comply with the agreements or the 67930
rules are deducted from the gross proceeds of those games, be 67931
transferred to the lottery profits education fund under division 67932
(B) of section 3770.06 of the Revised Code.67933

       (6) Any other subjects the commission determines are 67934
necessary for the operation of video lottery terminal games, 67935
including the establishment of any fees, fines, or payment 67936
schedules.67937

       (C) Chapter 2915. of the Revised Code does not apply to, 67938
affect, or prohibit lotteries conducted pursuant to this chapter.67939

       (D) The commission may promulgate rules, in addition to those 67940
described in divisions (A) and (B) of this section, that establish 67941
standards governing the display of advertising and celebrity 67942
images on lottery tickets and on other items that are used in the 67943
conduct of, or to promote, the statewide lottery and statewide 67944
joint lottery games. Any revenue derived from the sale of 67945
advertising displayed on lottery tickets and on those other items 67946
shall be considered, for purposes of section 3770.06 of the 67947
Revised Code, to be related proceeds in connection with the 67948
statewide lottery or gross proceeds from statewide joint lottery 67949
games, as applicable.67950

       (E)(1) The commission shall meet with the director at least 67951
once each month and shall convene other meetings at the request of 67952
the chairperson or any five of the members. No action taken by the 67953
commission shall be binding unless at least five of the members 67954
present vote in favor of the action. A written record shall be 67955
made of the proceedings of each meeting and shall be transmitted 67956
forthwith to the governor, the president of the senate, the senate 67957
minority leader, the speaker of the house of representatives, and 67958
the house minority leader.67959

       (2) The director shall present to the commission a report 67960
each month, showing the total revenues, prize disbursements, and 67961
operating expenses of the state lottery for the preceding month. 67962
As soon as practicable after the end of each fiscal year, the 67963
commission shall prepare and transmit to the governor and the 67964
general assembly a report of lottery revenues, prize 67965
disbursements, and operating expenses for the preceding fiscal 67966
year and any recommendations for legislation considered necessary 67967
by the commission.67968

       Sec. 3770.031.  The notice that the state lottery commission 67969
determines shall appear on lottery tickets under division (A)(3) 67970
of section 3770.03 of the Revised Code to provide information as 67971
to what percentage that lottery profits contribute to all 67972
education funding in the state also shall appear on any television 67973
advertising for the Ohio lottery and on the first page of the web 67974
site for the Ohio lottery.67975

       Sec. 3770.05.  (A) As used in this section, "person" means 67976
any person, association, corporation, partnership, club, trust, 67977
estate, society, receiver, trustee, person acting in a fiduciary 67978
or representative capacity, instrumentality of the state or any of 67979
its political subdivisions, or any other combination of 67980
individuals meeting the requirements set forth in this section or 67981
established by rule or order of the state lottery commission.67982

       (B) The director of the state lottery commission may license 67983
any person as a lottery sales agent. No license shall be issued to 67984
any person or group of persons to engage in the sale of lottery 67985
tickets as the person's or group's sole occupation or business.67986

       Before issuing any license to a lottery sales agent, the 67987
director shall consider all of the following:67988

       (1) The financial responsibility and security of the 67989
applicant and the applicant's business or activity;67990

       (2) The accessibility of the applicant's place of business or 67991
activity to the public;67992

       (3) The sufficiency of existing licensed agents to serve the 67993
public interest;67994

       (4) The volume of expected sales by the applicant;67995

       (5) Any other factors pertaining to the public interest, 67996
convenience, or trust.67997

       (C) Except as otherwise provided in division (F) of this 67998
section, the director of the state lottery commission shall refuse 67999
to grant, or shall suspend or revoke, a license if the applicant 68000
or licensee:68001

       (1) Has been convicted of a felony or has been convicted of a 68002
crime involving moral turpitude;68003

       (2) Has been convicted of an offense that involves illegal 68004
gambling;68005

       (3) Has been found guilty of fraud or misrepresentation in 68006
any connection;68007

       (4) Has been found to have violated any rule or order of the 68008
commission; or68009

       (5) Has been convicted of illegal trafficking in supplemental 68010
nutrition assistance program benefits.68011

       (D) Except as otherwise provided in division (F) of this 68012
section, the director of the state lottery commission shall refuse 68013
to grant, or shall suspend or revoke, a license if the applicant 68014
or licensee is a corporation and any of the following applies:68015

       (1) Any of the corporation's directors, officers, or 68016
controlling shareholders has been found guilty of any of the 68017
activities specified in divisions (C)(1) to (5) of this section;68018

       (2) It appears to the director of the state lottery 68019
commission that, due to the experience, character, or general 68020
fitness of any director, officer, or controlling shareholder of 68021
the corporation, the granting of a license as a lottery sales 68022
agent would be inconsistent with the public interest, convenience, 68023
or trust;68024

       (3) The corporation is not the owner or lessee of the 68025
business at which it would conduct a lottery sales agency pursuant 68026
to the license applied for;68027

       (4) Any person, firm, association, or corporation other than 68028
the applicant or licensee shares or will share in the profits of 68029
the applicant or licensee, other than receiving dividends or 68030
distributions as a shareholder, or participates or will 68031
participate in the management of the affairs of the applicant or 68032
licensee.68033

       (E)(1) The director of the state lottery commission shall 68034
refuse to grant a license to an applicant for a lottery sales 68035
agent license and shall revoke a lottery sales agent license if 68036
the applicant or licensee is or has been convicted of a violation 68037
of division (A) or (C)(1) of section 2913.46 of the Revised Code.68038

       (2) The director shall refuse to grant a license to an 68039
applicant for a lottery sales agent license that is a corporation 68040
and shall revoke the lottery sales agent license of a corporation 68041
if the corporation is or has been convicted of a violation of 68042
division (A) or (C)(1) of section 2913.46 of the Revised Code.68043

       (F) The director of the state lottery commission shall 68044
request the bureau of criminal identification and investigation, 68045
the department of public safety, or any other state, local, or 68046
federal agency to supply the director with the criminal records of 68047
any applicant for a lottery sales agent license, and may 68048
periodically request the criminal records of any person to whom a 68049
lottery sales agent license has been issued. At or prior to the 68050
time of making such a request, the director shall require an 68051
applicant or licensee to obtain fingerprint impressions on 68052
fingerprint cards prescribed by the superintendent of the bureau 68053
of criminal identification and investigation at a qualified law 68054
enforcement agency, and the director shall cause those fingerprint 68055
cards to be forwarded to the bureau of criminal identification and 68056
investigation, to the federal bureau of investigation, or to both 68057
bureaus. The commission shall assume the cost of obtaining the 68058
fingerprint cards. 68059

       The director shall pay to each agency supplying criminal 68060
records for each investigation a reasonable fee, as determined by 68061
the agency. 68062

       The commission may adopt uniform rules specifying time 68063
periods after which the persons described in divisions (C)(1) to 68064
(5) and (D)(1) to (4) of this section may be issued a license and 68065
establishing requirements for those persons to seek a court order 68066
to have records sealed in accordance with law.68067

       (G)(1) Each applicant for a lottery sales agent license shall 68068
do both of the following:68069

       (a) Pay fees to the state lottery commission, at the time the 68070
application is submitted, a fee in an amount that the director of 68071
the state lottery commission determinesif required by rule 68072
adopted by the director under Chapter 119. of the Revised Code and 68073
that the controlling board approves the fees;68074

       (b) Prior to approval of the application, obtain a surety 68075
bond in an amount the director determines by rule adopted under 68076
Chapter 119. of the Revised Code or, alternatively, with the 68077
director's approval, deposit the samean amount into a dedicated 68078
account for the benefit of the state lottery. The director also 68079
may approve the obtaining of a surety bond to cover part of the 68080
amount required, together with a dedicated account deposit to 68081
cover the remainder of the amount required. In addition, the 68082
director, with the approval of the commission, may establish a 68083
program or policy by rule adopted under Chapter 119. of the 68084
Revised Code that is an alternative to obtaining a surety bond or 68085
making a dedicated account deposit under this division. The 68086
alternative program or policy shall ensure that the financial 68087
interests of the state lottery are protected. If an alternative 68088
program or policy is established, an applicant or a lottery sales 68089
agent, with the director's approval, may participate in the 68090
program or proceed under the policy.68091

       A surety bond may be with any company that complies with the 68092
bonding and surety laws of this state and the requirements 68093
established by rules of the commission pursuant to this chapter. A 68094
dedicated account deposit shall be conducted in accordance with 68095
policies and procedures the director establishes. An alternative 68096
program or policy established by the director shall be conducted 68097
in accordance with the rules adopted by the director.68098

       A surety bond, dedicated account, or bothalternative program 68099
or policy established under this section, or any combination 68100
thereof, as applicable, may be used to pay for the lottery sales 68101
agent's failure to make prompt and accurate payments for lottery 68102
ticket sales, for missing or stolen lottery tickets, or for damage 68103
to equipment or materials issued to the lottery sales agent, or to 68104
pay for expenses the commission incurs in connection with the 68105
lottery sales agent's license.68106

       (2) A lottery sales agent license is effective for one year.68107

       A licensed lottery sales agent, on or before the date 68108
established by the director, shall renew the agent's license and 68109
provide at that time evidence to the director that the surety 68110
bond, dedicated account deposit, or bothalternative program or 68111
policy as established under this section, required under division 68112
(G)(1)(b) of this section, has been renewed or, is active, or is 68113
being complied with, whichever applies. 68114

        Before the commission renews a lottery sales agent license, 68115
the lottery sales agent shall submit a renewal fee to the 68116
commission in an amount that the director determines, if one is 68117
required by rule adopted by the director under Chapter 119. of the 68118
Revised Code and that the controlling board approves the renewal 68119
fee. The renewal fee shall not exceed the actual cost of 68120
administering the license renewal and processing changes reflected 68121
in the renewal application. The renewal of the license is 68122
effective for up to one year.68123

       (3) A lottery sales agent license shall be complete, 68124
accurate, and current at all times during the term of the license. 68125
Any changes to an original license application or a renewal 68126
application may subject the applicant or lottery sales agent, as 68127
applicable, to paying an administrative fee that shall be in an 68128
amount that the director determines by rule adopted under Chapter 68129
119. of the Revised Code, that the controlling board approves, and 68130
that shall not exceed the actual cost of administering and 68131
processing the changes to an application.68132

       (4) The relationship between the commission and a lottery 68133
sales agent is one of trust. A lottery sales agent collects funds 68134
on behalf of the commission through the sale of lottery tickets 68135
for which the agent receives a compensation.68136

       (H) Pending a final resolution of any question arising under 68137
this section, the director of the state lottery commission may 68138
issue a temporary lottery sales agent license, subject to the 68139
terms and conditions the director considers appropriate.68140

       (I) If a lottery sales agent's rental payments for the 68141
lottery sales agent's premises are determined, in whole or in 68142
part, by the amount of retail sales the lottery sales agent makes, 68143
and if the rental agreement does not expressly provide that the 68144
amount of those retail sales includes the amounts the lottery 68145
sales agent receives from lottery ticket sales, only the amounts 68146
the lottery sales agent receives as compensation from the state 68147
lottery commission for selling lottery tickets shall be considered 68148
to be amounts the lottery sales agent receives from the retail 68149
sales the lottery sales agent makes, for the purpose of computing 68150
the lottery sales agent's rental payments.68151

       Sec. 3772.062. (A) The executive director of the commission 68152
shall enter into an agreement with the department of alcohol and 68153
drug addiction services under which the department provides a 68154
program of gambling and addiction services on behalf of the 68155
commission.68156

       (B) The executive director of the commission, in conjunction 68157
with the department of alcohol and drug addiction services, shall 68158
establish, operate, and publicize an in-state, toll-free telephone 68159
number Ohio residents may call to obtain basic information about 68160
problem gambling, the gambling addiction services available to 68161
problem gamblers, and how a problem gambler may obtain help. The 68162
telephone number shall be staffed twenty-four hours per day, seven 68163
days a week, to respond to inquiries and provide that information. 68164
The costs of establishing, operating, and publicizing the 68165
telephone number shall be paid for with money in the problem 68166
casino gambling and addictions fund.68167

       Sec. 3781.06.  (A)(1) Any building that may be used as a 68168
place of resort, assembly, education, entertainment, lodging, 68169
dwelling, trade, manufacture, repair, storage, traffic, or 68170
occupancy by the public, any residential building, and all other 68171
buildings or parts and appurtenances of those buildings erected 68172
within this state, shall be so constructed, erected, equipped, and 68173
maintained that they shall be safe and sanitary for their intended 68174
use and occupancy.68175

       (2) Nothing in sections 3781.06 to 3781.18 and 3791.04 of the 68176
Revised Code shall be construed to limit the power of the public 68177
health councilmanufactured homes commission to adopt rules of 68178
uniform application governing manufactured home parks pursuant to 68179
section 3733.024781.04 of the Revised Code.68180

       (B) Sections 3781.06 to 3781.18 and 3791.04 of the Revised 68181
Code do not apply to either of the following:68182

       (1) Buildings or structures that are incident to the use for 68183
agricultural purposes of the land on which the buildings or 68184
structures are located, provided those buildings or structures are 68185
not used in the business of retail trade. For purposes of this 68186
division, a building or structure is not considered used in the 68187
business of retail trade if fifty per cent or more of the gross 68188
income received from sales of products in the building or 68189
structure by the owner or operator is from sales of products 68190
produced or raised in a normal crop year on farms owned or 68191
operated by the seller.68192

       (2) Existing single-family, two-family, and three-family 68193
detached dwelling houses for which applications have been 68194
submitted to the director of job and family services pursuant to 68195
section 5104.03 of the Revised Code for the purposes of operating 68196
type A family day-care homes as defined in section 5104.01 of the 68197
Revised Code.68198

       (C) As used in sections 3781.06 to 3781.18 and 3791.04 of the 68199
Revised Code:68200

       (1) "Agricultural purposes" include agriculture, farming, 68201
dairying, pasturage, apiculture, horticulture, floriculture, 68202
viticulture, ornamental horticulture, olericulture, pomiculture, 68203
and animal and poultry husbandry.68204

       (2) "Building" means any structure consisting of foundations, 68205
walls, columns, girders, beams, floors, and roof, or a combination 68206
of any number of these parts, with or without other parts or 68207
appurtenances.68208

       (3) "Industrialized unit" means a building unit or assembly 68209
of closed construction fabricated in an off-site facility, that is 68210
substantially self-sufficient as a unit or as part of a greater 68211
structure, and that requires transportation to the site of 68212
intended use. "Industrialized unit" includes units installed on 68213
the site as independent units, as part of a group of units, or 68214
incorporated with standard construction methods to form a 68215
completed structural entity. "Industrialized unit" does not 68216
include a manufactured home as defined by division (C)(4) of this 68217
section or a mobile home as defined by division (O) of section 68218
4501.01 of the Revised Code.68219

       (4) "Manufactured home" means a building unit or assembly of 68220
closed construction that is fabricated in an off-site facility and 68221
constructed in conformance with the federal construction and 68222
safety standards established by the secretary of housing and urban 68223
development pursuant to the "Manufactured Housing Construction and 68224
Safety Standards Act of 1974," 88 Stat. 700, 42 U.S.C.A. 5401, 68225
5403, and that has a permanent label or tag affixed to it, as 68226
specified in 42 U.S.C.A. 5415, certifying compliance with all 68227
applicable federal construction and safety standards.68228

       (5) "Permanent foundation" means permanent masonry, concrete, 68229
or a footing or foundation approved by the manufactured homes 68230
commission pursuant to Chapter 4781. of the Revised Code, to which 68231
a manufactured or mobile home may be affixed.68232

       (6) "Permanently sited manufactured home" means a 68233
manufactured home that meets all of the following criteria:68234

       (a) The structure is affixed to a permanent foundation and is 68235
connected to appropriate facilities;68236

       (b) The structure, excluding any addition, has a width of at 68237
least twenty-two feet at one point, a length of at least 68238
twenty-two feet at one point, and a total living area, excluding 68239
garages, porches, or attachments, of at least nine hundred square 68240
feet;68241

       (c) The structure has a minimum 3:12 residential roof pitch, 68242
conventional residential siding, and a six-inch minimum eave 68243
overhang, including appropriate guttering;68244

       (d) The structure was manufactured after January 1, 1995;68245

       (e) The structure is not located in a manufactured home park 68246
as defined by section 3733.014781.01 of the Revised Code.68247

       (7) "Safe," with respect to a building, means it is free from 68248
danger or hazard to the life, safety, health, or welfare of 68249
persons occupying or frequenting it, or of the public and from 68250
danger of settlement, movement, disintegration, or collapse, 68251
whether such danger arises from the methods or materials of its 68252
construction or from equipment installed therein, for the purpose 68253
of lighting, heating, the transmission or utilization of electric 68254
current, or from its location or otherwise.68255

       (8) "Sanitary," with respect to a building, means it is free 68256
from danger or hazard to the health of persons occupying or 68257
frequenting it or to that of the public, if such danger arises 68258
from the method or materials of its construction or from any 68259
equipment installed therein, for the purpose of lighting, heating, 68260
ventilating, or plumbing.68261

       (9) "Residential building" means a one-family, two-family, or 68262
three-family dwelling house, and any accessory structure 68263
incidental to that dwelling house. "Residential building" includes 68264
a one-family, two-family, or three-family dwelling house that is 68265
used as a model to promote the sale of a similar dwelling house. 68266
"Residential building" does not include an industrialized unit as 68267
defined by division (C)(3) of this section, a manufactured home as 68268
defined by division (C)(4) of this section, or a mobile home as 68269
defined by division (O) of section 4501.01 of the Revised Code.68270

        (10) "Nonresidential building" means any building that is not 68271
a residential building or a manufactured or mobile home.68272

       (11) "Accessory structure" means a structure that is attached 68273
to a residential building and serves the principal use of the 68274
residential building. "Accessory structure" includes, but is not 68275
limited to, a garage, porch, or screened-in patio.68276

       Sec. 3781.183.  If the board of building standards adopts 68277
rules under sections 3781.06 to 3781.18 of the Revised Code 68278
concerning the requirements an adult group home seeking licensure 68279
as an adult care facility must meet under section 3722.025119.7168280
of the Revised Code, the board shall adopt the rules in 68281
consultation with the directors of mental health and of aging and 68282
any interested party designated by the directors of mental health 68283
and of aging.68284

       Sec. 3791.043.  If the board of building standards adopts 68285
rules under section 3791.04 of the Revised Code concerning the 68286
requirements an adult group home seeking licensure as an adult 68287
care facility must meet under section 3722.025119.71 of the 68288
Revised Code, the board shall adopt the rules in consultation with 68289
the directors of mental health and aging and any interested party 68290
designated by the directors of mental health and aging.68291

       Sec. 3793.04.  The department of alcohol and drug addiction 68292
services shall develop, administer, and revise as necessary a 68293
comprehensive statewide alcohol and drug addiction services plan 68294
for the implementation of this chapter. The plan shall emphasize 68295
abstinence from the use of alcohol and drugs of abuse as the 68296
primary goal of alcohol and drug addiction services. The council 68297
on alcohol and drug addiction services shall advise the department 68298
in the development and implementation of the plan.68299

       The plan shall provide for the allocation and distribution of 68300
state and federal funds appropriated to the department by the 68301
general assembly for serviceservices furnished by alcohol and 68302
drug addiction programs under contract with boards of alcohol, 68303
drug addiction, and mental health services and for distribution of 68304
the funds to such boards. The plandepartment shall exclude from 68305
the allocation and distribution any funds that are transferred to 68306
the department of job and family services to pay the nonfederal 68307
share of alcohol and drug addiction services covered by the 68308
medicaid program.68309

        The plan shall specify the methodology that the department 68310
will use for determining how the funds will be allocated and 68311
distributed. A portion of the funds shall be allocated on the 68312
basis of the ratio of the population of each alcohol, drug 68313
addiction, and mental health service district to the total 68314
population of the state as determined from the most recent federal 68315
census or the most recent official estimate made by the United 68316
States census bureau.68317

       The plan shall ensure that alcohol and drug addiction 68318
services of a high quality are accessible to, and responsive to 68319
the needs of, all persons, especially those who are members of 68320
underserved groups, including, but not limited to, African 68321
Americans, Hispanics, native Americans, Asians, juvenile and adult 68322
offenders, women, and persons with special services needs due to 68323
age or disability. The plan shall include a program to promote and 68324
protect the rights of those who receive services.68325

       To aid in formulating the plan and in evaluating the 68326
effectiveness and results of alcohol and drug addiction services, 68327
the department, in consultation with the department of mental 68328
health, shall establish and maintain an information system or 68329
systems. The department of alcohol and drug addiction services 68330
shall specify the information that must be provided by boards of 68331
alcohol, drug addiction, and mental health services and by alcohol 68332
and drug addiction programs for inclusion in the system. The 68333
department shall not collect any personal information from the 68334
boards except as required or permitted by state or federal law for 68335
purposes related to payment, health care operations, program and 68336
service evaluation, reporting activities, research, system 68337
administration, and oversight.68338

       In consultation with boards, programs, and persons receiving 68339
services, the department shall establish guidelines for the use of 68340
state and federal funds allocated and distributed under this 68341
section and for the boards' development of plans for services 68342
required by sections 340.033 and 3793.05 of the Revised Code.68343

       In any fiscal year, the department shall spend, or allocate 68344
to boards, for methadone maintenance programs or any similar 68345
programs not more than eight per cent of the total amount 68346
appropriated to the department for the fiscal year.68347

       Sec. 3793.06.  (A) The department of alcohol and drug 68348
addiction services shall evaluate and certify allEach alcohol and 68349
drug addiction programs in the state. Each program shall apply to 68350
the department of alcohol and drug addiction services for 68351
certification. No program shall be eligible to receive state or 68352
federal funds unless it has been certified by the department.68353

       (B) No person shall represent in any manner that a program is 68354
certified by the department if the program is not certified at the 68355
time the representation is made.68356

       (C) Pursuant to Chapter 119. of the Revised Code and in 68357
consultation with members or representatives of boards of alcohol, 68358
drug addiction, and mental health services, programs, individuals 68359
who receive alcohol and drug addiction services, and the 68360
department of mental health, the department shall adopt rules that 68361
establish all of the following:68362

       (1) Minimum standards for the operation of programs, 68363
including, but not limited to, the following:68364

       (a) Requirements regarding physical facilities of programs;68365

       (b) Requirements with regard to health, safety, adequacy, and 68366
cultural specificity and sensitivity;68367

       (c) Requirements regarding the rights of recipients of 68368
services and procedures to protect these rights.68369

       (2) Standards for evaluating programs;68370

       (3) Standards and procedures for granting full or conditional 68371
certification to a program;68372

       (4) Standards and procedures for revoking the certification 68373
of a program that does not continue to meet the minimum standards 68374
established pursuant to this section.68375

       (D) Rules adopted under division (C) of this section shall 68376
specify the limitations to be placed on a program that is granted 68377
conditional certification.68378

       (E) The department may visit and evaluate any program to 68379
determine whether it meets the minimum standards for certification 68380
established pursuant to division (C) of this section. In the case 68381
of a program that has a contract with or proposes to contract with 68382
a board of alcohol, drug addiction, and mental health services, 68383
the department shall conduct the visit and evaluation in 68384
cooperation with the board. If68385

       (F)(1) Subject to division (F)(2) of this section, the 68386
department shall determine whether an applicant's program meets 68387
the minimum standards for certification. If the department 68388
determines that the program meets the minimum standards, it shall 68389
certify or recertify the program.68390

       (F)(2) If an applicant submits to the department evidence of 68391
holding national accreditation from the joint commission, the 68392
council on accreditation of rehabilitation facilities, or the 68393
council on accreditation, the department shall accept that 68394
accreditation as evidence of the applicant's program meeting the 68395
minimum standards for certification of the program. The department 68396
shall certify or recertify the program without any further 68397
evaluation of the program.68398

       (G) If the department determines that a program that has a 68399
contract with a board or proposes to contract with a board does 68400
not meet the minimum standards for certification, it shall 68401
identify the areas in which the program does not meet the 68402
standards, specify what action is necessary to meet the standards, 68403
and offer technical assistance to the board to enable it to assist 68404
the program in meeting the standards. The department shall give 68405
the program a reasonable time within which to demonstrate that the 68406
program meets the minimum standards or to bring the program into 68407
compliance with the standards. If the department concludes that 68408
the program continues to fail to meet minimum standards, it shall 68409
deny certification and may request that the board reallocate the 68410
funds that the board is allocating to that program to another 68411
program that is certified. If the board does not reallocate the 68412
funds within a reasonable time, the department may withhold from 68413
the board the funds that the board is allocating to the program 68414
and allocate the funds directly to a recovery program certified by 68415
the department.68416

       The department shall adopt rules pursuant to Chapter 119. of 68417
the Revised Code to implement this division. The rules shall 68418
specify the notice and hearing procedures to be followed prior to 68419
denial of certification or reallocation of funds.68420

       (G)(H) The department may withhold from a board all or part 68421
of the state and federal funds allocated for a program certified 68422
under this section in the event of failure of that program to 68423
comply with this chapter, Chapter 340. of the Revised Code, rules 68424
adopted by the department, or other provisions of state or federal 68425
law, including federal regulations.68426

       If the department proposes to withhold funds, it shall 68427
identify the areas of the program's noncompliance and the action 68428
necessary to achieve compliance and shall offer technical 68429
assistance to the board to enable it to assist the program to 68430
achieve compliance. The department shall allow a reasonable time 68431
within which the board or program shall demonstrate that the 68432
program is in compliance or the program shall bring itself into 68433
compliance. Before withholding funds, the department shall hold a 68434
hearing on the question of whether the program is in, or can be 68435
brought into, compliance. If, based on the hearing and other 68436
evidence, the department determines that compliance has not been, 68437
or cannot be, achieved, the department may withhold the funds and 68438
allocate all or part of the withheld funds to a certified program 68439
that is in compliance. That program shall use the funds to provide 68440
the services of the program that is not in compliance, until such 68441
time as it is in compliance.68442

       The department shall establish rules pursuant to Chapter 119. 68443
of the Revised Code to implement this division.68444

       (H)(I) The department shall maintain a current list of 68445
alcohol and drug addiction programs certified by the department 68446
under division (A) of this section and shall provide a copy of the 68447
current list to a judge of a court of common pleas who requests a 68448
copy for the use of the judge under division (H) of section 68449
2925.03 of the Revised Code. The list of certified alcohol and 68450
drug addiction programs shall identify each certified program by 68451
its name, its address, and the county in which it is located.68452

       Sec. 3793.061.  No rule adopted under section 3793.06 of the 68453
Revised Code regarding documentation that alcohol and drug 68454
addiction programs must submit to the department of alcohol and 68455
drug addiction services or a board of alcohol, drug addiction, and 68456
mental health services shall be more stringent than a comparable 68457
documentation submission requirement that applies to alcohol and 68458
drug addiction programs and is established by a federal regulation 68459
promulgated by the United States department of health and human 68460
services.68461

       Sec. 3793.21. (A) As used in this section, "administrative 68462
function" means a function related to one or more of the 68463
following:68464

       (1) Continuous quality improvement;68465

       (2) Utilization review;68466

       (3) Resource development;68467

       (4) Fiscal administration;68468

       (5) General administration;68469

       (6) Any other function related to administration that is 68470
required by Chapter 340. of the Revised Code.68471

       (B) Each board of alcohol, drug addiction, and mental health 68472
services shall submit an annual report to the department of 68473
alcohol and drug addiction services specifying how the board used 68474
state and federalthe funds allocated and distributed to the 68475
board, according to the methodology the department specifies under 68476
section 3793.04 of the Revised Code, for administrative functions 68477
in the year preceding the report's submission. The director of 68478
alcohol and drug addiction shall establish the date by which the 68479
report must be submitted each year.68480

       Sec. 3901.3814. Sections 3901.38 and 3901.381 to 3901.3813 of 68481
the Revised Code do not apply to the following:68482

       (A) Policies offering coverage that is regulated under 68483
Chapters 3935. and 3937. of the Revised Code;68484

       (B) An employer's self-insurance plan and any of its 68485
administrators, as defined in section 3959.01 of the Revised Code, 68486
to the extent that federal law supersedes, preempts, prohibits, or 68487
otherwise precludes the application of any provisions of those 68488
sections to the plan and its administrators;68489

       (C) A third-party payer for coverage provided under the 68490
medicare advantage program operated under Title XVIII of the 68491
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as 68492
amended;68493

       (D) A third-party payer for coverage provided under the 68494
medicaid program operated under Title XIX of the "Social Security 68495
Act," except that if a federal waiver applied for under section 68496
5111.178 of the Revised Code is granted or the director of job and 68497
family services determines that this provision can be implemented 68498
without a waiver, sections 3901.38 and 3901.381 to 3901.3813 of 68499
the Revised Code apply to claims submitted electronically or 68500
non-electronically that are made with respect to coverage of 68501
medicaid recipients by health insuring corporations licensed under 68502
Chapter 1751. of the Revised Code, instead of the prompt payment 68503
requirements of 42 C.F.R. 447.46;68504

       (E) A third-party payer for coverage provided under the 68505
tricare program offered by the United States department of 68506
defense.68507

       (F) A third-party payer for coverage provided under the 68508
children's buy-in program established under sections 5101.5211 to 68509
5101.5216 of the Revised Code.68510

       Sec. 3903.01.  As used in sections 3903.01 to 3903.59 of the 68511
Revised Code:68512

       (A) "Admitted assets" means investment in assets which will 68513
be admitted by the superintendent of insurance pursuant to the law 68514
of this state.68515

       (B) "Affiliate" has the same meaning as "affiliate of" or 68516
"affiliated with," as defined in section 3901.32 of the Revised 68517
Code.68518

       (C) "Assets" means all property, real and personal, of every 68519
nature and kind whatsoever or any interest therein.68520

       (C)(D) "Ancillary state" means any state other than a 68521
domiciliary state.68522

       (D)(E) "Commodity contract" means any of the following:68523

       (1) A contract for the purchase or sale of a commodity for 68524
future delivery on, or subject to the rules of, a board of trade 68525
designated as a contract market by the commodity futures trading 68526
commission under the "Commodity Exchange Act," 7 U.S.C. 1 et seq., 68527
as amended, or a board of trade outside the United States;68528

       (2) An agreement that is subject to regulation under section 68529
19 of the "Commodity Exchange Act," 7 U.S.C. 23, as amended, and 68530
that is commonly known to the commodities trade as a margin 68531
account, margin contract, leverage account, or leverage contract;68532

       (3) An agreement or transaction that is subject to regulation 68533
under section 4c(b) of the "Commodity Exchange Act," 7 U.S.C. 68534
6c(b), as amended, and that is commonly known to the commodities 68535
trade as a commodity option;68536

       (4) Any combination of agreements or transactions described 68537
in division (E) of this section;68538

       (5) Any option to enter into an agreement or transaction 68539
described in division (E) of this section.68540

       (F) "Creditor" means a person having any claim, whether 68541
matured or unmatured, liquidated or unliquidated, secured or 68542
unsecured, absolute, fixed, or contingent.68543

       (E)(G) "Delinquency proceeding" means any proceeding 68544
commenced against an insurer for the purpose of liquidating, 68545
rehabilitating, reorganizing, or conserving the insurer, and any 68546
summary proceeding under section 3903.09 or 3903.10 of the Revised 68547
Code. "Formal delinquency proceeding" means any liquidation or 68548
rehabilitation proceeding.68549

       (F)(H) "Doing business" includes any of the following acts, 68550
whether effected by mail or otherwise:68551

       (1) The issuance or delivery of contracts of insurance to 68552
persons resident in this state;68553

       (2) The solicitation of applications for such contracts, or 68554
other negotiations preliminary to the execution of such contracts;68555

       (3) The collection of premiums, membership fees, assessments, 68556
or other consideration for such contracts;68557

       (4) The transaction of matters subsequent to execution of 68558
such contracts and arising out of them;68559

       (5) Operating under a license or certificate of authority, as 68560
an insurer, issued by the department of insurance.68561

       (G)(I) "Domiciliary state" means the state in which an 68562
insurer is incorporated or organized, or, in the case of an alien 68563
insurer, its state of entry.68564

       (H)(J) "Fair consideration" is given for property or 68565
obligation when either of the following apply:68566

       (1) When in exchange for such property or obligation, as a 68567
fair equivalent therefor, and in good faith, property is conveyed, 68568
services are rendered, an obligation is incurred, or an antecedent 68569
debt is satisfied;68570

       (2) When such property or obligation is received in good 68571
faith to secure a present advance or antecedent debt in an amount 68572
not disproportionately small as compared to the value of the 68573
property or obligation obtained.68574

       (I)(K) "Foreign country" means any other jurisdiction not in 68575
any state.68576

       (J)(L) "Forward contract" has the same meaning as in the 68577
federal "Deposit Insurance Act," 64 Stat. 884, 12 U.S.C. 68578
1821(e)(8)(D), as now and hereafter amended.68579

       (M) "Guaranty association" means the Ohio insurance guaranty 68580
association created by section 3955.06 of the Revised Code and any 68581
other similar entity hereafter created by the general assembly for 68582
the payment of claims of insolvent insurers. "Foreign guaranty 68583
association" means any similar entities now in existence in or 68584
hereafter created by the legislature of any other state.68585

       (K)(N) "Insolvency" or "insolvent" means:68586

       (1) For an insurer issuing only assessable fire insurance 68587
policies either of the following:68588

       (a) The inability to pay any obligation within thirty days 68589
after it becomes payable;68590

       (b) If an assessment is made within thirty days after such 68591
date, the inability to pay the obligation thirty days following 68592
the date specified in the first assessment notice issued after the 68593
date of loss.68594

       (2) For any other insurer, that it is unable to pay its 68595
obligations when they are due, or when its admitted assets do not 68596
exceed its liabilities plus the greater of either of the 68597
following:68598

       (a) Any capital and surplus required by law for its 68599
organization;68600

       (b) The total par or stated value of its authorized and 68601
issued capital stock.68602

       (3) As to any insurer licensed to do business in this state 68603
as of the effective date of sections 3903.01 to 3903.59 of the 68604
Revised Code that does not meet the standard established under 68605
division (K)(N)(2) of this section, the term "insolvency" or 68606
"insolvent" means, for a period not to exceed three years from the 68607
effective date of sections 3903.01 to 3903.59 of the Revised Code, 68608
that it is unable to pay its obligations when they are due or that 68609
its admitted assets do not exceed its liabilities plus any 68610
required capital contribution ordered by the superintendent under 68611
provisions of Title XXXIX of the Revised Code.68612

       (4) For purposes of divisions (K)(N)(2) to (4) of this 68613
section, "liabilities" includes, but is not limited to, reserves 68614
required by statute or by rules of the superintendent or specific 68615
requirements imposed by the superintendent upon a subject company 68616
at the time of admission or subsequent thereto.68617

       (L)(O) "Insurer" means any person who has done, purports to 68618
do, is doing, or is licensed to do an insurance business, and is 68619
or has been subject to the authority of, or to liquidation, 68620
rehabilitation, reorganization, supervision, or conservation by, 68621
any insurance commissioner, superintendent, or equivalent 68622
official. For purposes of sections 3903.01 to 3903.59 of the 68623
Revised Code, any other persons included under section 3903.03 of 68624
the Revised Code are deemed to be insurers.68625

       (M)(P) "Netting agreement" means:68626

       (1) A contract or agreement, including a master agreement, 68627
and any terms and conditions incorporated by reference in such a 68628
contract or agreement, that provides for the netting, liquidation, 68629
setoff, termination, acceleration, or close out under or in 68630
connection with a qualified financial contract, or any present or 68631
future payment or delivery obligations or entitlements under a 68632
qualified financial contract, including liquidation or close-out 68633
values relating to those obligations or entitlements;68634

        (2) A master agreement, together with all schedules, 68635
confirmations, definitions, and addenda to the agreement and 68636
transactions under the agreement, which shall be treated as one 68637
netting agreement, and any bridge agreement for one or more master 68638
agreements;68639

       (3) Any security agreement or arrangement, credit support 68640
document, or guarantee or reimbursement obligation related to any 68641
contract or agreement described in division (P) of this section.68642

       Any contract or agreement described in division (P) of this 68643
section relating to agreements or transactions that are not 68644
qualified financial contracts shall be deemed to be a netting 68645
agreement only with respect to those agreements or transactions 68646
that are qualified financial contracts.68647

       (Q) "Preferred claim" means any claim with respect to which 68648
the terms of sections 3903.01 to 3903.59 of the Revised Code 68649
accord priority of payment from the assets of the insurer.68650

       (N)(R) "Qualified financial contract" means any commodity 68651
contract, forward contract, repurchase agreement, securities 68652
contract, swap agreement, and any similar agreement that the 68653
superintendent may determine by rule or order to be a qualified 68654
financial contract for purposes of this chapter.68655

       (S) "Reciprocal state" means any state other than this state 68656
in which in substance and effect division (A) of section 3903.18, 68657
and sections 3903.52, 3903.53, and 3903.55 to 3903.57 of the 68658
Revised Code are in force, in which provisions are in force 68659
requiring that the superintendent or equivalent official be the 68660
receiver, liquidator, rehabilitator, or conservator of a 68661
delinquent insurer, and in which some provision exists for the 68662
avoidance of fraudulent conveyances and preferential transfers.68663

       (O)(T) "Repurchase agreement" has the same meaning as in the 68664
federal "Deposit Insurance Act," 64 Stat. 884, 12 U.S.C. 68665
1821(e)(8)(D), as now and hereafter amended.68666

       (U) "Secured claim" means any claim secured by mortgage, 68667
trust deed, security agreement, pledge, deposit as security, 68668
escrow, or otherwise, but not including special deposit claims or 68669
claims against assets. The term also includes claims which have 68670
become liens upon specific assets by reason of judicial process.68671

       (P)(V) "Securities contract" has the same meaning as in the 68672
federal "Deposit Insurance Act," 64 Stat. 884, 12 U.S.C. 68673
1821(e)(8)(D), as now and hereafter amended.68674

       (W) "Special deposit claim" means any claim secured by a 68675
deposit made pursuant to statute for the security or benefit of a 68676
limited class or classes of persons, but not including any claim 68677
secured by assets.68678

       (Q)(X) "State" has the meaning set forth in division (G) of 68679
section 1.59 of the Revised Code.68680

       (R)(Y) "Superintendent" or "superintendent of insurance" 68681
means the superintendent of insurance of this state, or, when the 68682
context requires, the superintendent or commissioner of insurance, 68683
or equivalent official, of another state.68684

       (S)(Z) "Swap agreement" has the same meaning as in the 68685
federal "Deposit Insurance Act," 64 Stat. 884, 12 U.S.C. 68686
1821(e)(8)(D), as now and hereafter amended.68687

       (AA) "Transfer" includes the sale and every other and 68688
different mode, direct or indirect, of disposing of or of parting 68689
with property or with an interest in property, or with the 68690
possession of property or of fixing a lien upon property or upon 68691
an interest in property, absolutely or conditionally, voluntarily, 68692
or by or without judicial proceedings. The retention of a security 68693
title to property delivered to a debtor shall be deemed a transfer 68694
suffered by the debtor.68695

       Sec. 3903.301. (A) Notwithstanding any other provision under 68696
sections 3903.01 to 3903.59 of the Revised Code, no person shall 68697
be stayed or prohibited from exercising any of the following 68698
rights:68699

       (1) A contractual right to cause the termination, 68700
liquidation, acceleration, or close out of obligations under, or 68701
in connection with, a netting agreement or qualified financial 68702
contract with an insurer because of either of the following:68703

       (a) The insolvency, financial condition, or default of the 68704
insurer at any time;68705

       (b) The commencement of a formal delinquency proceeding under 68706
sections 3903.01 to 3903.59 of the Revised Code.68707

       (2) Any right under a pledge, security, collateral, 68708
reimbursement, or guarantee agreement or arrangement or any 68709
similar security arrangement or credit enhancement relating to a 68710
netting agreement or qualified financial contract;68711

       (3) Subject to section 3903.30 of the Revised Code, any right 68712
to set off or net out any termination value, payment amount, or 68713
other transfer obligation arising under or in connection with a 68714
qualified financial contract in which the counterparty or its 68715
guarantor is organized under the laws of the United States, a 68716
state, or a foreign jurisdiction that the securities valuation 68717
office of the national association of insurance commissioners 68718
approves as eligible for netting. 68719

       (B) If a counterparty to a netting agreement or qualified 68720
financial contract with an insurer that is subject to a proceeding 68721
under sections 3903.01 to 3903.59 of the Revised Code terminates, 68722
liquidates, accelerates, or closes out the agreement or contract, 68723
damages shall be measured as of the date or dates of the 68724
termination, liquidation, acceleration, or close out. The amount 68725
of a claim for damages shall be actual direct compensatory 68726
damages.68727

       (C) Upon termination of a netting agreement or qualified 68728
financial contract, any net or settlement amount that a 68729
nondefaulting party owes to an insurer against which an 68730
application or petition has been filed under sections 3903.01 to 68731
3903.59 of the Revised Code shall be transferred to, or on the 68732
order of, the receiver for the insurer.68733

       This division applies regardless of whether the insurer is 68734
the defaulting party and applies notwithstanding any walkaway 68735
clause in the netting agreement or qualified financial contract.68736

       For purposes of this division, a limited two-way payment or 68737
first method provision in a netting agreement or qualified 68738
financial contract with a defaulting insurer shall be deemed to be 68739
a full two-way payment or second method provision as against the 68740
defaulting insurer.68741

        Any property or amount transferred under this division shall 68742
be a general asset of the insurer except to the extent it is 68743
subject to a secondary lien or encumbrance, or to rights of 68744
netting or setoff. 68745

       (D) In transferring a netting agreement or qualified 68746
financial contract of an insurer that is subject to a proceeding 68747
under sections 3903.01 to 3903.59 of the Revised Code, the 68748
receiver shall do either of the following:68749

       (1) Transfer to one party, other than an insurer subject to a 68750
proceeding under sections 3903.01 to 3903.59 of the Revised Code, 68751
all netting agreements and qualified financial contracts between a 68752
counterparty, or any affiliate of the counterparty, and the 68753
insurer that is the subject of the proceeding. The transfer shall 68754
include all rights and obligations of each party under each 68755
netting agreement and qualified financial contract, and all 68756
property, including any guarantees or other credit enhancement, 68757
securing any claims of the parties under each agreement or 68758
contract.68759

       (2) Transfer none of the netting agreements or qualified 68760
financial contracts, including the rights, obligations, and 68761
property associated with those agreements and contracts as 68762
described in division (D)(1) of this section, with respect to the 68763
counterparty and any affiliate of the counterparty.68764

       (E) If a receiver transfers a netting agreement or qualified 68765
financial contract, the receiver shall use its best efforts to 68766
notify any person who is a party to the transferred agreement or 68767
contract of the transfer by noon, of the receiver's local time, on 68768
the business day following the transfer.68769

       (F)(1) Notwithstanding any other provision of sections 68770
3903.01 to 3903.59 of the Revised Code and except as otherwise 68771
provided in division (F)(2) of this section, a receiver shall not 68772
avoid a transfer of money or other property that is made before 68773
the commencement of a formal delinquency proceeding under sections 68774
3903.01 to 3903.59 of the Revised Code and that arises under or in 68775
connection with either of the following:68776

       (a) A netting agreement or qualified financial contract;68777

       (b) Any pledge, security, collateral, or guarantee agreement 68778
or other similar security arrangement or credit support document 68779
relating to a netting agreement or qualified financial contract.68780

       (2) A receiver may avoid a transfer under sections 3903.26 to 68781
3903.28 of the Revised Code if the transfer was made with actual 68782
intent to hinder, delay, or defraud the insurer, a receiver 68783
appointed for the insurer, or existing or future creditors.68784

       (G)(1) In exercising any right of disaffirmance or 68785
repudiation with respect to a netting agreement or qualified 68786
financial contract to which an insurer is a party, the receiver 68787
for the insurer shall do either of the following:68788

       (a) Disaffirm or repudiate all netting agreements and 68789
qualified financial contracts between the insurer and a 68790
counterparty or any affiliate of the counterparty; 68791

       (b) Disaffirm or repudiate none of those netting agreements 68792
or qualified financial contracts with respect to the counterparty 68793
or any affiliate of the counterparty.68794

       (2) Notwithstanding any other provision of sections 3903.01 68795
to 3903.59 of the Revised Code, if a counterparty's claim against 68796
the estate of the insurer arising from the receiver's 68797
disaffirmance or repudiation of a netting agreement or qualified 68798
financial contract has not been previously affirmed in the 68799
liquidation or immediately preceding conservation or 68800
rehabilitation case, that claim shall be considered as if it had 68801
arisen before the filing date of the petition for liquidation. If 68802
a conservation or rehabilitation proceeding is converted to a 68803
liquidation proceeding, that claim shall be considered as if it 68804
had arisen before the filing date of the petition for conservation 68805
or rehabilitation. The amount of the claim shall be the actual 68806
direct compensatory damages determined as of the date of the 68807
disaffirmance or repudiation. 68808

       (H) All rights of a counterparty under sections 3903.01 to 68809
3903.59 of the Revised Code shall apply to netting agreements and 68810
qualified financial contracts entered into on behalf of the 68811
general account or separate accounts if the assets of each 68812
separate account are available only to counterparties to netting 68813
agreements and qualified financial contracts entered into on 68814
behalf of that separate account.68815

       (I) This section shall not apply to the affiliates of an 68816
insurer that is the subject of a formal delinquency proceeding 68817
under sections 3903.01 to 3903.59 of the Revised Code.68818

       (J) As used in this section:68819

       (1) "Actual direct compensatory damages" includes normal and 68820
reasonable costs of cover or other reasonable measures of damages 68821
utilized in the derivatives, securities, or other market for the 68822
contract and agreement claims. "Actual direct compensatory 68823
damages" does not include punitive or exemplary damages, damages 68824
for lost profit or lost opportunity, or damages for pain and 68825
suffering.68826

       (2) "Business day" means any day, excluding Saturday, Sunday, 68827
and any day on which the New York stock exchange or the federal 68828
reserve bank of New York is closed.68829

       (3) "Contractual right" includes any of the following:68830

       (a) Any right set forth in a rule or bylaw of a derivatives 68831
clearing organization, as defined in the "Commodity Exchange Act," 68832
7 U.S.C. 1a(9)(A), as amended; a multilateral clearing 68833
organization; a national securities exchange; a national 68834
securities association; a securities clearing agency; a contract 68835
market designated under the "Commodity Exchange Act," 7 U.S.C. 1 68836
et seq., as amended; a derivatives transaction execution facility, 68837
including a swap execution facility, registered under the 68838
"Commodity Exchange Act," 7 U.S.C. 1 et seq., as amended; a 68839
security-based swap execution facility registered under the 68840
"Securities Exchange Act of 1934," 15 U.S.C. 78a et seq., as 68841
amended; or a board of trade, as defined in the "Commodity 68842
Exchange Act," 7 U.S.C. 1a(2);68843

       (b) Any right set forth in a resolution of the governing 68844
board of any entity listed in division (J)(3)(a) of this section;68845

       (c) Any right, regardless of whether evidenced in writing, 68846
arising under statutory law, common law, or law merchant, or by 68847
reason of normal business practice. 68848

       (4) "Receiver" means a receiver, conservator, rehabilitator, 68849
or liquidator, as applicable.68850

       (5) "Walkaway clause" means a provision under which a party 68851
to a netting agreement or qualified financial contract that, after 68852
calculation of a value of a party's position or an amount due to 68853
or from one of the parties in accordance with its terms upon 68854
termination, liquidation, or acceleration of the netting agreement 68855
or qualified financial contract is not obligated to pay or does 68856
not have a payment obligation extinguished under the agreement or 68857
contract, in whole or in part, solely because the party is a 68858
nondefaulting party.68859

       Sec. 3923.28.  (A) Every policy of group sickness and 68860
accident insurance providing hospital, surgical, or medical 68861
expense coverage for other than specific diseases or accidents 68862
only, and delivered, issued for delivery, or renewed in this state 68863
on or after January 1, 1979, and that provides coverage for mental 68864
or emotional disorders, shall provide benefits for services on an 68865
outpatient basis for each eligible person under the policy who 68866
resides in this state for mental or emotional disorders, or for 68867
evaluations, that are at least equal to five hundred fifty dollars 68868
in any calendar year or twelve-month period. The services shall be 68869
legally performed by or under the clinical supervision of a 68870
physician authorized under Chapter 4731. of the Revised Code to 68871
practice medicine and surgery or osteopathic medicine and surgery; 68872
a psychologist licensed under Chapter 4732. of the Revised Code; a 68873
professional clinical counselor, professional counselor, or 68874
independent social worker licensed under Chapter 4757. of the 68875
Revised Code; or a clinical nurse specialist licensed under 68876
Chapter 4723. of the Revised Code whose nursing specialty is 68877
mental health, whether performed in an office, in a hospital, or 68878
in a community mental health facility so long as the hospital or 68879
community mental health facility is approved by the joint 68880
commission on accreditation of healthcare organizations, the 68881
council on accreditation for children and family services, or the 68882
rehabilitation accreditation commission, or, until two years after 68883
June 6, 2001, certified by the department of mental health as 68884
being in compliance with standards established under division (H) 68885
of section 5119.01 of the Revised Code.68886

       (B) Outpatient benefits offered under division (A) of this 68887
section shall be subject to reasonable contract limitations and 68888
may be subject to reasonable deductibles and co-insurance costs. 68889
Persons entitled to such benefit under more than one service or 68890
insurance contract may be limited to a single 68891
five-hundred-fifty-dollar outpatient benefit for services under 68892
all contracts.68893

       (C) In order to qualify for participation under division (A) 68894
of this section, every facility specified in such division shall 68895
have in effect a plan for utilization review and a plan for peer 68896
review and every person specified in such division shall have in 68897
effect a plan for peer review. Such plans shall have the purpose 68898
of ensuring high quality patient care and effective and efficient 68899
utilization of available health facilities and services.68900

       (D) Nothing in this section shall be construed to require an 68901
insurer to pay benefits which are greater than usual, customary, 68902
and reasonable.68903

       (E)(1) Services performed under the clinical supervision of a 68904
health care professional identified in division (A) of this 68905
section, in order to be reimbursable under the coverage required 68906
in division (A) of this section, shall meet both of the following 68907
requirements:68908

       (a) The services shall be performed in accordance with a 68909
treatment plan that describes the expected duration, frequency, 68910
and type of services to be performed;68911

       (b) The plan shall be reviewed and approved by the health 68912
care professional every three months.68913

       (2) Payment of benefits for services reimbursable under 68914
division (E)(1) of this section shall not be restricted to 68915
services described in the treatment plan or conditioned upon 68916
standards of clinical supervision that are more restrictive than 68917
standards of a health care professional described in division (A) 68918
of this section, which at least equal the requirements of division 68919
(E)(1) of this section.68920

       (F) The benefits provided by this section for mental and 68921
emotional disorders shall not be reduced by the cost of benefits 68922
provided pursuant to section 3923.281 of the Revised Code for 68923
diagnostic and treatment services for biologically based mental 68924
illnesses. This section does not apply to benefits for diagnostic 68925
and treatment services for biologically based mental illnesses.68926

       Sec. 3923.281.  (A) As used in this section:68927

       (1) "Biologically based mental illness" means schizophrenia, 68928
schizoaffective disorder, major depressive disorder, bipolar 68929
disorder, paranoia and other psychotic disorders, 68930
obsessive-compulsive disorder, and panic disorder, as these terms 68931
are defined in the most recent edition of the diagnostic and 68932
statistical manual of mental disorders published by the American 68933
psychiatric association.68934

       (2) "Policy of sickness and accident insurance" has the same 68935
meaning as in section 3923.01 of the Revised Code, but excludes 68936
any hospital indemnity, medicare supplement, long-term care, 68937
disability income, one-time-limited-duration policy of not longer 68938
than six months, supplemental benefit, or other policy that 68939
provides coverage for specific diseases or accidents only; any 68940
policy that provides coverage for workers' compensation claims 68941
compensable pursuant to Chapters 4121. and 4123. of the Revised 68942
Code; and any policy that provides coverage to beneficiaries 68943
enrolled in Title XIX of the "Social Security Act," 49 Stat. 620 68944
(1935), 42 U.S.C.A. 301, as amended, known as the medical 68945
assistance program or medicaid, as provided by the Ohio department 68946
of job and family services under Chapter 5111. of the Revised 68947
Code; and any policy that provides coverage to beneficiaries 68948
enrolled in the children's buy-in program established under 68949
sections 5101.5211 to 5101.5216 of the Revised Code.68950

       (B) Notwithstanding section 3901.71 of the Revised Code, and 68951
subject to division (E) of this section, every policy of sickness 68952
and accident insurance shall provide benefits for the diagnosis 68953
and treatment of biologically based mental illnesses on the same 68954
terms and conditions as, and shall provide benefits no less 68955
extensive than, those provided under the policy of sickness and 68956
accident insurance for the treatment and diagnosis of all other 68957
physical diseases and disorders, if both of the following apply:68958

       (1) The biologically based mental illness is clinically 68959
diagnosed by a physician authorized under Chapter 4731. of the 68960
Revised Code to practice medicine and surgery or osteopathic 68961
medicine and surgery; a psychologist licensed under Chapter 4732. 68962
of the Revised Code; a professional clinical counselor, 68963
professional counselor, or independent social worker licensed 68964
under Chapter 4757. of the Revised Code; or a clinical nurse 68965
specialist licensed under Chapter 4723. of the Revised Code whose 68966
nursing specialty is mental health.68967

       (2) The prescribed treatment is not experimental or 68968
investigational, having proven its clinical effectiveness in 68969
accordance with generally accepted medical standards.68970

       (C) Division (B) of this section applies to all coverages and 68971
terms and conditions of the policy of sickness and accident 68972
insurance, including, but not limited to, coverage of inpatient 68973
hospital services, outpatient services, and medication; maximum 68974
lifetime benefits; copayments; and individual and family 68975
deductibles.68976

       (D) Nothing in this section shall be construed as prohibiting 68977
a sickness and accident insurance company from taking any of the 68978
following actions:68979

       (1) Negotiating separately with mental health care providers 68980
with regard to reimbursement rates and the delivery of health care 68981
services;68982

       (2) Offering policies that provide benefits solely for the 68983
diagnosis and treatment of biologically based mental illnesses;68984

       (3) Managing the provision of benefits for the diagnosis or 68985
treatment of biologically based mental illnesses through the use 68986
of pre-admission screening, by requiring beneficiaries to obtain 68987
authorization prior to treatment, or through the use of any other 68988
mechanism designed to limit coverage to that treatment determined 68989
to be necessary;68990

       (4) Enforcing the terms and conditions of a policy of 68991
sickness and accident insurance.68992

       (E) An insurer that offers any policy of sickness and 68993
accident insurance is not required to provide benefits for the 68994
diagnosis and treatment of biologically based mental illnesses 68995
pursuant to division (B) of this section if all of the following 68996
apply:68997

       (1) The insurer submits documentation certified by an 68998
independent member of the American academy of actuaries to the 68999
superintendent of insurance showing that incurred claims for 69000
diagnostic and treatment services for biologically based mental 69001
illnesses for a period of at least six months independently caused 69002
the insurer's costs for claims and administrative expenses for the 69003
coverage of all other physical diseases and disorders to increase 69004
by more than one per cent per year. 69005

       (2) The insurer submits a signed letter from an independent 69006
member of the American academy of actuaries to the superintendent 69007
of insurance opining that the increase described in division 69008
(E)(1) of this section could reasonably justify an increase of 69009
more than one per cent in the annual premiums or rates charged by 69010
the insurer for the coverage of all other physical diseases and 69011
disorders.69012

       (3) The superintendent of insurance makes the following 69013
determinations from the documentation and opinion submitted 69014
pursuant to divisions (E)(1) and (2) of this section:69015

       (a) Incurred claims for diagnostic and treatment services for 69016
biologically based mental illnesses for a period of at least six 69017
months independently caused the insurer's costs for claims and 69018
administrative expenses for the coverage of all other physical 69019
diseases and disorders to increase by more than one per cent per 69020
year.69021

       (b) The increase in costs reasonably justifies an increase of 69022
more than one per cent in the annual premiums or rates charged by 69023
the insurer for the coverage of all other physical diseases and 69024
disorders.69025

       Any determination made by the superintendent under this 69026
division is subject to Chapter 119. of the Revised Code.69027

       Sec. 3923.30.  Every person, the state and any of its 69028
instrumentalities, any county, township, school district, or other 69029
political subdivisions and any of its instrumentalities, and any 69030
municipal corporation and any of its instrumentalities, which 69031
provides payment for health care benefits for any of its employees 69032
resident in this state, which benefits are not provided by 69033
contract with an insurer qualified to provide sickness and 69034
accident insurance, or a health insuring corporation, shall 69035
include the following benefits in its plan of health care benefits 69036
commencing on or after January 1, 1979:69037

       (A) If such plan of health care benefits provides payment for 69038
the treatment of mental or nervous disorders, then such plan shall 69039
provide benefits for services on an outpatient basis for each 69040
eligible employee and dependent for mental or emotional disorders, 69041
or for evaluations, that are at least equal to the following:69042

       (1) Payments not less than five hundred fifty dollars in a 69043
twelve-month period, for services legally performed by or under 69044
the clinical supervision of a physician authorized under Chapter 69045
4731. of the Revised Code to practice medicine and surgery or 69046
osteopathic medicine and surgery; a psychologist licensed under 69047
Chapter 4732. of the Revised Code; a professional clinical 69048
counselor, professional counselor, or independent social worker 69049
licensed under Chapter 4757. of the Revised Code; or a clinical 69050
nurse specialist licensed under Chapter 4723. of the Revised Code 69051
whose nursing specialty is mental health, whether performed in an 69052
office, in a hospital, or in a community mental health facility so 69053
long as the hospital or community mental health facility is 69054
approved by the joint commission on accreditation of healthcare 69055
organizations, the council on accreditation for children and 69056
family services, or the rehabilitation accreditation commission, 69057
or, until two years after June 6, 2001, certified by the 69058
department of mental health as being in compliance with standards 69059
established under division (H) of section 5119.01 of the Revised 69060
Code;69061

       (2) Such benefit shall be subject to reasonable limitations, 69062
and may be subject to reasonable deductibles and co-insurance 69063
costs.69064

       (3) In order to qualify for participation under this 69065
division, every facility specified in this division shall have in 69066
effect a plan for utilization review and a plan for peer review 69067
and every person specified in this division shall have in effect a 69068
plan for peer review. Such plans shall have the purpose of 69069
ensuring high quality patient care and effective and efficient 69070
utilization of available health facilities and services.69071

       (4) Such payment for benefits shall not be greater than 69072
usual, customary, and reasonable.69073

       (5)(a) Services performed by or under the clinical 69074
supervision of a health care professional identified in division 69075
(A)(1) of this section, in order to be reimbursable under the 69076
coverage required in division (A) of this section, shall meet both 69077
of the following requirements:69078

       (i) The services shall be performed in accordance with a 69079
treatment plan that describes the expected duration, frequency, 69080
and type of services to be performed;69081

       (ii) The plan shall be reviewed and approved by the health 69082
care professional every three months.69083

       (b) Payment of benefits for services reimbursable under 69084
division (A)(5)(a) of the section shall not be restricted to 69085
services described in the treatment plan or conditioned upon 69086
standards of a licensed physician or licensed psychologist, which 69087
at least equal the requirements of division (A)(5)(a) of this 69088
section.69089

       (B) Payment for benefits for alcoholism treatment for 69090
outpatient, inpatient, and intermediate primary care for each 69091
eligible employee and dependent that are at least equal to the 69092
following:69093

       (1) Payments not less than five hundred fifty dollars in a 69094
twelve-month period for services legally performed by or under the 69095
clinical supervision of a health care professional identified in 69096
division (A)(1) of this section, whether performed in an office, 69097
or in a hospital or a community mental health facility or 69098
alcoholism treatment facility so long as the hospital, community 69099
mental health facility, or alcoholism treatment facility is 69100
approved by the joint commission on accreditation of hospitals or 69101
certified by the department of health;69102

       (2) The benefits provided under this division shall be 69103
subject to reasonable limitations and may be subject to reasonable 69104
deductibles and co-insurance costs.69105

       (3) A health care professional shall every three months 69106
certify a patient's need for continued services performed by such 69107
facilities.69108

       (4) In order to qualify for participation under this 69109
division, every facility specified in this division shall have in 69110
effect a plan for utilization review and a plan for peer review 69111
and every person specified in this division shall have in effect a 69112
plan for peer review. Such plans shall have the purpose of 69113
ensuring high quality patient care and efficient utilization of 69114
available health facilities and services. Such person or 69115
facilities shall also have in effect a program of rehabilitation 69116
or a program of rehabilitation and detoxification.69117

       (5) Nothing in this section shall be construed to require 69118
reimbursement for benefits which is greater than usual, customary, 69119
and reasonable.69120

       (C) The benefits provided by division (A) of this section for 69121
mental and emotional disorders shall not be reduced by the cost of 69122
benefits provided pursuant to section 3923.282 of the Revised Code 69123
for diagnostic and treatment services for biologically based 69124
mental illness. This section does not apply to benefits for 69125
diagnostic and treatment services for biologically based mental 69126
illnesses.69127

       Sec. 3924.10.  (A) The board of directors of the Ohio health 69128
reinsurance program may make recommendations to the superintendent 69129
of insurance, and the superintendent may adopt or amend by rule 69130
adopted in accordance with Chapter 119. of the Revised Code, the 69131
OHC basic, standard, and carrier reimbursement plans which, when 69132
offered by a carrier, are eligible for reinsurance under the 69133
program. The superintendent shall establish the form and level of 69134
coverage to be made available by carriers in their OHC plans. The 69135
plans shall include benefit levels, deductibles, coinsurance 69136
factors, exclusions, and limitations for the plans. The forms and 69137
levels of coverage shall specify which components of health 69138
benefit plans offered by a carrier may be reinsured. The OHC plans 69139
are subject to division (C) of section 3924.02 of the Revised Code 69140
and to the provisions in Chapters 1751., 1753., 3923., and any 69141
other chapter of the Revised Code that require coverage or the 69142
offer of coverage of a health care service or benefit.69143

       (B) Prior to adopting any rule that makes changes to the OHC 69144
basic or standard plan, the superintendent shall conduct an 69145
actuarial analysis of the cost impact of the proposed rule. The 69146
superintendent may consider recommendations of the Ohio health 69147
care coverage and quality council established under section 69148
3923.90 of the Revised Code. The plans may include cost 69149
containment features including any of the following:69150

       (1) Utilization review of health care services, including 69151
review of the medical necessity of hospital and physician 69152
services;69153

       (2) Case management benefit alternatives;69154

       (3) Selective contracting with hospitals, physicians, and 69155
other health care providers;69156

       (4) Reasonable benefit differentials applicable to 69157
participating and nonparticipating providers;69158

       (5) Employee assistance program options that provide 69159
preventive and early intervention mental health and substance 69160
abuse services;69161

       (6) Other provisions for the cost-effective management of the 69162
plans.69163

       (C) OHC plans established for use by health insuring 69164
corporations shall be consistent with the basic method of 69165
operation of such corporations.69166

       (D) Each carrier shall certify to the superintendent of 69167
insurance, in the form and manner prescribed by the 69168
superintendent, that the OHC plans filed by the carrier are in 69169
substantial compliance with the provisions of the OHC plans 69170
designed or adopted under this section. Upon receipt by the 69171
superintendent of the certification, the carrier may use the 69172
certified plans.69173

       (E) Each carrier shall, on and after sixty days after the 69174
date that the program becomes operational and as a condition of 69175
transacting business in this state, renew coverage provided to any 69176
individual or group under its OHC plans.69177

       (F) The OHC plans in effect as of June 1, 2009, shall remain 69178
in effect until those plans are amended or new plans are adopted 69179
in accordance with this section.69180

       Sec. 3963.01. As used in this chapter:69181

       (A) "Affiliate" means any person or entity that has ownership 69182
or control of a contracting entity, is owned or controlled by a 69183
contracting entity, or is under common ownership or control with a 69184
contracting entity.69185

       (B) "Basic health care services" has the same meaning as in 69186
division (A) of section 1751.01 of the Revised Code, except that 69187
it does not include any services listed in that division that are 69188
provided by a pharmacist or nursing home.69189

       (C) "Contracting entity" means any person that has a primary 69190
business purpose of contracting with participating providers for 69191
the delivery of health care services.69192

       (D) "Credentialing" means the process of assessing and 69193
validating the qualifications of a provider applying to be 69194
approved by a contracting entity to provide basic health care 69195
services, specialty health care services, or supplemental health 69196
care services to enrollees.69197

       (E) "Edit" means adjusting one or more procedure codes billed 69198
by a participating provider on a claim for payment or a practice 69199
that results in any of the following:69200

       (1) Payment for some, but not all of the procedure codes 69201
originally billed by a participating provider;69202

       (2) Payment for a different procedure code than the procedure 69203
code originally billed by a participating provider;69204

       (3) A reduced payment as a result of services provided to an 69205
enrollee that are claimed under more than one procedure code on 69206
the same service date.69207

       (F) "Electronic claims transport" means to accept and 69208
digitize claims or to accept claims already digitized, to place 69209
those claims into a format that complies with the electronic 69210
transaction standards issued by the United States department of 69211
health and human services pursuant to the "Health Insurance 69212
Portability and Accountability Act of 1996," 110 Stat. 1955, 42 69213
U.S.C. 1320d, et seq., as those electronic standards are 69214
applicable to the parties and as those electronic standards are 69215
updated from time to time, and to electronically transmit those 69216
claims to the appropriate contracting entity, payer, or 69217
third-party administrator.69218

       (G) "Enrollee" means any person eligible for health care 69219
benefits under a health benefit plan, including an eligible 69220
recipient of medicaid under Chapter 5111. of the Revised Code, and 69221
includes all of the following terms:69222

       (1) "Enrollee" and "subscriber" as defined by section 1751.01 69223
of the Revised Code;69224

       (2) "Member" as defined by section 1739.01 of the Revised 69225
Code;69226

       (3) "Insured" and "plan member" pursuant to Chapter 3923. of 69227
the Revised Code;69228

       (4) "Beneficiary" as defined by section 3901.38 of the 69229
Revised Code.69230

       (H) "Health care contract" means a contract entered into, 69231
materially amended, or renewed between a contracting entity and a 69232
participating provider for the delivery of basic health care 69233
services, specialty health care services, or supplemental health 69234
care services to enrollees.69235

       (I) "Health care services" means basic health care services, 69236
specialty health care services, and supplemental health care 69237
services.69238

       (J) "Material amendment" means an amendment to a health care 69239
contract that decreases the participating provider's payment or 69240
compensation, changes the administrative procedures in a way that 69241
may reasonably be expected to significantly increase the 69242
provider's administrative expenses, or adds a new product. A 69243
material amendment does not include any of the following:69244

       (1) A decrease in payment or compensation resulting solely 69245
from a change in a published fee schedule upon which the payment 69246
or compensation is based and the date of applicability is clearly 69247
identified in the contract;69248

       (2) A decrease in payment or compensation that was 69249
anticipated under the terms of the contract, if the amount and 69250
date of applicability of the decrease is clearly identified in the 69251
contract;69252

       (3) An administrative change that may significantly increase 69253
the provider's administrative expense, the specific applicability 69254
of which is clearly identified in the contract;69255

       (4) Changes to an existing prior authorization, 69256
precertification, notification, or referral program that do not 69257
substantially increase the provider's administrative expense;69258

       (5) Changes to an edit program or to specific edits if the 69259
participating provider is provided notice of the changes pursuant 69260
to division (A)(1) of section 3963.04 of the Revised Code and the 69261
notice includes information sufficient for the provider to 69262
determine the effect of the change;69263

       (6) Changes to a health care contract described in division 69264
(B) of section 3963.04 of the Revised Code.69265

       (K) "Participating provider" means a provider that has a 69266
health care contract with a contracting entity and is entitled to 69267
reimbursement for health care services rendered to an enrollee 69268
under the health care contract.69269

       (L) "Payer" means any person that assumes the financial risk 69270
for the payment of claims under a health care contract or the 69271
reimbursement for health care services provided to enrollees by 69272
participating providers pursuant to a health care contract.69273

       (M) "Primary enrollee" means a person who is responsible for 69274
making payments for participation in a health care plan or an 69275
enrollee whose employment or other status is the basis of 69276
eligibility for enrollment in a health care plan.69277

       (N) "Procedure codes" includes the American medical 69278
association's current procedural terminology code, the American 69279
dental association's current dental terminology, and the centers 69280
for medicare and medicaid services health care common procedure 69281
coding system.69282

       (O) "Product" means one of the following types of categories 69283
of coverage for which a participating provider may be obligated to 69284
provide health care services pursuant to a health care contract:69285

       (1) A health maintenance organization or other product 69286
provided by a health insuring corporation;69287

       (2) A preferred provider organization;69288

       (3) Medicare;69289

       (4) Medicaid or the children's buy-in program established 69290
under section 5101.5211 to 5101.5216 of the Revised Code;69291

       (5) Workers' compensation.69292

       (P) "Provider" means a physician, podiatrist, dentist, 69293
chiropractor, optometrist, psychologist, physician assistant, 69294
advanced practice nurse, occupational therapist, massage 69295
therapist, physical therapist, professional counselor, 69296
professional clinical counselor, hearing aid dealer, orthotist, 69297
prosthetist, home health agency, hospice care program, or 69298
hospital, or a provider organization or physician-hospital 69299
organization that is acting exclusively as an administrator on 69300
behalf of a provider to facilitate the provider's participation in 69301
health care contracts. "Provider" does not mean a pharmacist, 69302
pharmacy, nursing home, or a provider organization or 69303
physician-hospital organization that leases the provider 69304
organization's or physician-hospital organization's network to a 69305
third party or contracts directly with employers or health and 69306
welfare funds.69307

       (Q) "Specialty health care services" has the same meaning as 69308
in section 1751.01 of the Revised Code, except that it does not 69309
include any services listed in division (B) of section 1751.01 of 69310
the Revised Code that are provided by a pharmacist or a nursing 69311
home.69312

       (R) "Supplemental health care services" has the same meaning 69313
as in division (B) of section 1751.01 of the Revised Code, except 69314
that it does not include any services listed in that division that 69315
are provided by a pharmacist or nursing home.69316

       Sec. 3963.11. (A) No contracting entity shall do any of the 69317
following:69318

       (1) Offer to a provider other than a hospital a health care 69319
contract that includes a most favored nation clause;69320

       (2) Enter into a health care contract with a provider other 69321
than a hospital that includes a most favored nation clause;69322

       (3) Amend or renew an existing health care contract 69323
previously entered into with a provider other than a hospitalso 69324
that the contract as amended or renewed adds or continues to 69325
include a most favored nation clause.69326

       (B) This section shall not go into effect until three years 69327
after the effective date of this section.69328

       (C)(B) As used in this section:69329

       (1) "Contracting entity," "health care contract," "health 69330
care services," "participating provider," and "provider" have the 69331
same meanings as in section 3963.01 of the Revised Code.69332

       (2) "Most favored nation clause" means a provision in a 69333
health care contract that does any of the following:69334

       (a) Prohibits, or grants a contracting entity an option to 69335
prohibit, the participating provider from contracting with another 69336
contracting entity to provide health care services at a lower 69337
price than the payment specified in the contract;69338

       (b) Requires, or grants a contracting entity an option to 69339
require, the participating provider to accept a lower payment in 69340
the event the participating provider agrees to provide health care 69341
services to any other contracting entity at a lower price;69342

       (c) Requires, or grants a contracting entity an option to 69343
require, termination or renegotiation of the existing health care 69344
contract in the event the participating provider agrees to provide 69345
health care services to any other contracting entity at a lower 69346
price;69347

       (d) Requires the participating provider to disclose the 69348
participating provider's contractual reimbursement rates with 69349
other contracting entities.69350

       Sec. 4113.11. (A) As specified in division (B) of this 69351
section and except as provided in divisions (C) and (F)(E) of this 69352
section, all employers that employ ten or more employees shall 69353
adopt and maintain a cafeteria plan that allows the employer's 69354
employees to pay for health insurance coverage by a salary 69355
reduction arrangement as permitted under section 125 of the 69356
Internal Revenue Code.69357

       (B) Employers shall comply with the requirements of division 69358
(A) of this section as follows:69359

       (1) For employers that employ more than five hundred 69360
employees, by not later than January 1, 2011, or six months after 69361
the superintendent of insurance adopts rules as required by 69362
division (E)(D) of this section, whichever is later;69363

       (2) For employers that employ one hundred fifty to five 69364
hundred employees, by not later than July 1, 2011, or twelve 69365
months after the superintendent adopts rules as required by 69366
division (E)(D) of this section, whichever is later;69367

       (3) For employers that employ ten to one hundred forty-nine 69368
employees, by not later than January 1, 2012, or eighteen months 69369
after the superintendent adopts rules as required by division 69370
(E)(D) of this section, whichever is later.69371

       (C) This section shall not apply to employers that, through 69372
other means than provided under this section, offer health 69373
insurance coverage, reimburse for health insurance coverage, or 69374
provide employees with opportunities to pay for health insurance 69375
with pre-tax dollars through other salary reduction arrangements.69376

        (D) The health care coverage and quality council created 69377
under section 3923.90 of the Revised Code shall make 69378
recommendations to the superintendent for both of the following:69379

       (1) Development of strategies to educate, assist, and conduct 69380
outreach to employers to simplify administrative processes with 69381
respect to creating and maintaining cafeteria plans, including, 69382
but not limited to, providing employers with model cafeteria plan 69383
documents and technical assistance on creating and maintaining 69384
cafeteria plans that conform with state and federal law;69385

       (2) Development of strategies to educate, assist, and conduct 69386
outreach to employees with respect to finding, selecting, and 69387
purchasing a health insurance plan to be paid for through their 69388
employer's cafeteria plan under this section.69389

       (E)(1) The superintendent shall adopt rules in accordance 69390
with Chapter 119. of the Revised Code to implement and enforce 69391
this section, including the strategies recommended by the council 69392
pursuant to division (D) of this section.69393

       (2) Prior to adopting rules under this division, the 69394
superintendent shall consult any federal agency that has oversight 69395
of cafeteria plans and employee welfare benefit plans, including 69396
the internal revenue service and the United States department of 69397
labor, and receive written confirmation that the rules adopted 69398
will permit employers to establish cafeteria plans in accordance 69399
with federal law. The written confirmation shall include a 69400
determination that individual policies purchased pursuant to this 69401
section do not need to comply with the group market rules 69402
established by the "Health Insurance Portability and 69403
Accountability Act of 1996."69404

       (F)(E) The requirement provided in division (A) of this 69405
section does not apply if the superintendent does not receive 69406
written confirmation pursuant to division (E)(D)(2) of this 69407
section that individual policies purchased pursuant to this 69408
section do not need to comply with the group market rules 69409
established by the "Health Insurance Portability and 69410
Accountability Act of 1996."69411

       (G)(F) Nothing in this section shall be construed as 69412
requiring an employer to establish a cafeteria plan in a manner 69413
that would violate federal law, including the "Employee Retirement 69414
Income Security Act of 1974," the "Consolidated Omnibus Budget 69415
Reconciliation Act of 1985," or the "Health Insurance Portability 69416
and Accountability Act of 1996."69417

       (H)(G) As used in this section:69418

       (1) "Cafeteria plan" has the same meaning as in section 125 69419
of the Internal Revenue Code.69420

       (2) "Employer" has the same meaning as in section 4113.51 of 69421
the Revised Code.69422

       (3) "Employee" means an individual employed for consideration 69423
who works twenty-five or more hours per week or who renders any 69424
other standard of service generally accepted by custom or 69425
specified by contract as full-time employment, except for a public 69426
employee employed by a township or municipal corporation. In that 69427
case, "employee" means an individual hired with the expectation 69428
that the employee will work more than one thousand five hundred 69429
hours in any year unless full-time employment is defined 69430
differently in an applicable collective bargaining agreement.69431

       Sec. 4113.61.  (A)(1) If a subcontractor or material supplier 69432
submits an application or request for payment or an invoice for 69433
materials to a contractor in sufficient time to allow the 69434
contractor to include the application, request, or invoice in the 69435
contractor's own pay request submitted to an owner, the 69436
contractor, within ten calendar days after receipt of payment from 69437
the owner for improvements to property, shall pay to the:69438

       (a) Subcontractor, an amount that is equal to the percentage 69439
of completion of the subcontractor's contract allowed by the owner 69440
for the amount of labor or work performed;69441

       (b) Material supplier, an amount that is equal to all or that 69442
portion of the invoice for materials which represents the 69443
materials furnished by the material supplier.69444

       The contractor may reduce the amount paid by any retainage 69445
provision contained in the contract, invoice, or purchase order 69446
between the contractor and the subcontractor or material supplier, 69447
and may withhold amounts that may be necessary to resolve disputed 69448
liens or claims involving the work or labor performed or material 69449
furnished by the subcontractor or material supplier.69450

       If the contractor fails to comply with division (A)(1) of 69451
this section, the contractor shall pay the subcontractor or 69452
material supplier, in addition to the payment due, interest in the 69453
amount of eighteen per cent per annum of the payment due, 69454
beginning on the eleventh day following the receipt of payment 69455
from the owner and ending on the date of full payment of the 69456
payment due plus interest to the subcontractor or material 69457
supplier.69458

       (2) If a lower tier subcontractor or lower tier material 69459
supplier submits an application or request for payment or an 69460
invoice for materials to a subcontractor, material supplier, or 69461
other lower tier subcontractor or lower tier material supplier in 69462
sufficient time to allow the subcontractor, material supplier, or 69463
other lower tier subcontractor or lower tier material supplier to 69464
include the application, request, or invoice in the 69465
subcontractor's, material supplier's, or other lower tier 69466
subcontractor's or lower tier material supplier's own pay request 69467
submitted to a contractor, other subcontractor, material supplier, 69468
lower tier subcontractor, or lower tier material supplier, the 69469
subcontractor, material supplier, or other lower tier 69470
subcontractor or lower tier material supplier, within ten calendar 69471
days after receipt of payment from the contractor, other 69472
subcontractor, material supplier, lower tier subcontractor, or 69473
lower tier material supplier for improvements to property, shall 69474
pay to the:69475

       (a) Lower tier subcontractor, an amount that is equal to the 69476
percentage of completion of the lower tier subcontractor's 69477
contract allowed by the owner for the amount of labor or work 69478
performed;69479

       (b) Lower tier material supplier, an amount that is equal to 69480
all or that portion of the invoice for materials which represents 69481
the materials furnished by the lower tier material supplier.69482

       The subcontractor, material supplier, lower tier 69483
subcontractor, or lower tier material supplier may reduce the 69484
amount paid by any retainage provision contained in the contract, 69485
invoice, or purchase order between the subcontractor, material 69486
supplier, lower tier subcontractor, or lower tier material 69487
supplier and the lower tier subcontractor or lower tier material 69488
supplier, and may withhold amounts that may be necessary to 69489
resolve disputed liens or claims involving the work or labor 69490
performed or material furnished by the lower tier subcontractor or 69491
lower tier material supplier.69492

       If the subcontractor, material supplier, lower tier 69493
subcontractor, or lower tier material supplier fails to comply 69494
with division (A)(2) of this section, the subcontractor, material 69495
supplier, lower tier subcontractor, or lower tier material 69496
supplier shall pay the lower tier subcontractor or lower tier 69497
material supplier, in addition to the payment due, interest in the 69498
amount of eighteen per cent per annum of the payment due, 69499
beginning on the eleventh day following the receipt of payment 69500
from the contractor, other subcontractor, material supplier, lower 69501
tier subcontractor, or lower tier material supplier and ending on 69502
the date of full payment of the payment due plus interest to the 69503
lower tier subcontractor or lower tier material supplier.69504

       (3) If a contractor receives any final retainage from the 69505
owner for improvements to property, the contractor shall pay from 69506
that retainage each subcontractor and material supplier the 69507
subcontractor's or material supplier's proportion of the 69508
retainage, within ten calendar days after receipt of the retainage 69509
from the owner, or within the time period provided in a contract, 69510
invoice, or purchase order between the contractor and the 69511
subcontractor or material supplier, whichever time period is 69512
shorter, provided that the contractor has determined that the 69513
subcontractor's or material supplier's work, labor, and materials 69514
have been satisfactorily performed or furnished and that the owner 69515
has approved the subcontractor's or material supplier's work, 69516
labor, and materials.69517

       If the contractor fails to pay a subcontractor or material 69518
supplier within the appropriate time period, the contractor shall 69519
pay the subcontractor or material supplier, in addition to the 69520
retainage due, interest in the amount of eighteen per cent per 69521
annum of the retainage due, beginning on the eleventh day 69522
following the receipt of the retainage from the owner and ending 69523
on the date of full payment of the retainage due plus interest to 69524
the subcontractor or material supplier.69525

       (4) If a subcontractor, material supplier, lower tier 69526
subcontractor, or lower tier material supplier receives any final 69527
retainage from the contractor or other subcontractor, lower tier 69528
subcontractor, or lower tier material supplier for improvements to 69529
property, the subcontractor, material supplier, lower tier 69530
subcontractor, or lower tier material supplier shall pay from that 69531
retainage each lower tier subcontractor or lower tier the lower 69532
tier subcontractor's or lower tier material supplier's proportion 69533
of the retainage, within ten calendar days after receipt of 69534
payment from the contractor or other subcontractor, lower tier 69535
subcontractor, or lower tier material supplier, or within the time 69536
period provided in a contract, invoice, or purchase order between 69537
the subcontractor, material supplier, lower tier subcontractor, or 69538
lower tier material supplier and the lower tier subcontractor or 69539
lower tier material supplier, whichever time period is shorter, 69540
provided that the subcontractor, material supplier, lower tier 69541
subcontractor, or lower tier material supplier has determined that 69542
the lower tier subcontractor's or lower tier material supplier's 69543
work, labor, and materials have been satisfactorily performed or 69544
furnished and that the owner has approved the lower tier 69545
subcontractor's or lower tier material supplier's work, labor, and 69546
materials.69547

       If the subcontractor, material supplier, lower tier 69548
subcontractor, or lower tier material supplier fails to pay the 69549
lower tier subcontractor or lower tier material supplier within 69550
the appropriate time period, the subcontractor, material supplier, 69551
lower tier subcontractor, or lower tier material supplier shall 69552
pay the lower tier subcontractor or lower tier material supplier, 69553
in addition to the retainage due, interest in the amount of 69554
eighteen per cent per annum of the retainage due, beginning on the 69555
eleventh day following the receipt of the retainage from the 69556
contractor or other subcontractor, lower tier subcontractor, or 69557
lower tier material supplier and ending on the date of full 69558
payment of the retainage due plus interest to the lower tier 69559
subcontractor or lower tier material supplier.69560

       (5) A contractor, subcontractor, or lower tier subcontractor 69561
shall pay a laborer wages due within ten days of payment of any 69562
application or request for payment or the receipt of any retainage 69563
from an owner, contractor, subcontractor, or lower tier 69564
subcontractor.69565

       If the contractor, subcontractor, or lower tier subcontractor 69566
fails to pay the laborer wages due within the appropriate time 69567
period, the contractor, subcontractor, or lower tier subcontractor 69568
shall pay the laborer, in addition to the wages due, interest in 69569
the amount of eighteen per cent per annum of the wages due, 69570
beginning on the eleventh day following the receipt of payment 69571
from the owner, contractor, subcontractor, or lower tier 69572
subcontractor and ending on the date of full payment of the wages 69573
due plus interest to the laborer.69574

       (B)(1) If a contractor, subcontractor, material supplier, 69575
lower tier subcontractor, or lower tier material supplier has not 69576
made payment in compliance with division (A)(1), (2), (3), (4), or 69577
(5) of this section within thirty days after payment is due, a 69578
subcontractor, material supplier, lower tier subcontractor, lower 69579
tier material supplier, or laborer may file a civil action to 69580
recover the amount due plus the interest provided in those 69581
divisions. If the court finds in the civil action that a 69582
contractor, subcontractor, material supplier, lower tier 69583
subcontractor, or lower tier material supplier has not made 69584
payment in compliance with those divisions, the court shall award 69585
the interest specified in those divisions, in addition to the 69586
amount due. Except as provided in division (B)(3) of this section, 69587
the court shall award the prevailing party reasonable attorney 69588
fees and court costs.69589

       (2) In making a determination to award attorney fees under 69590
division (B)(1) of this section, the court shall consider all 69591
relevant factors, including but not limited to the following:69592

       (a) The presence or absence of good faith allegations or 69593
defenses asserted by the parties;69594

       (b) The proportion of the amount of recovery as it relates to 69595
the amount demanded;69596

       (c) The nature of the services rendered and the time expended 69597
in rendering the services.69598

       (3) The court shall not award attorney fees under division 69599
(B)(1) of this section if the court determines, following a 69600
hearing on the payment of attorney fees, that the payment of 69601
attorney fees to the prevailing party would be inequitable.69602

       (C) This section does not apply to any construction or 69603
improvement of any single-, two-, or three-family detached 69604
dwelling houses.69605

       (D)(1) No provision of this section regarding entitlement to 69606
interest, attorney fees, or court costs may be waived by agreement 69607
and any such term in any contract or agreement is void and 69608
unenforceable as against public policy.69609

       (2) This section shall not be construed as impairing or 69610
affecting, in any way, the terms and conditions of any contract, 69611
invoice, purchase order, or any other agreement between a 69612
contractor and a subcontractor or a material supplier or between a 69613
subcontractor and another subcontractor, a material supplier, a 69614
lower tier subcontractor, or a lower tier material supplier, 69615
except that if such terms and conditions contain time periods 69616
which are longer than any of the time periods specified in 69617
divisions (A)(1), (2), (3), (4), and (5) of this section or 69618
interest at a percentage less than the interest stated in those 69619
divisions, then the provisions of this section shall prevail over 69620
such terms and conditions.69621

       (E) Notwithstanding the definition of lower tier material 69622
supplier in this section, a person is not a lower tier material 69623
supplier unless the materials supplied by the person are:69624

       (1) Furnished with the intent, as evidenced by the contract 69625
of sale, the delivery order, delivery to the site, or by other 69626
evidence that the materials are to be used on a particular 69627
structure or improvement;69628

       (2) Incorporated in the improvement or consumed as normal 69629
wastage in the course of the improvement; or69630

       (3) Specifically fabricated for incorporation in the 69631
improvement and not readily resalable in the ordinary course of 69632
the fabricator's business even if not actually incorporated in the 69633
improvement.69634

       (F) As used in this section:69635

       (1) "Contractor" means any person who undertakes to 69636
construct, alter, erect, improve, repair, demolish, remove, dig, 69637
or drill any part of a structure or improvement under a contract 69638
with an owner, or a "construction manager" or "construction 69639
manager at risk" as that term isthose terms are defined in 69640
section 9.33 of the Revised Code, or a "design-build firm" as that 69641
term is defined in section 153.65 of the Revised Code.69642

       (2) "Laborer," "material supplier," "subcontractor," and 69643
"wages" have the same meanings as in section 1311.01 of the 69644
Revised Code.69645

       (3) "Lower tier subcontractor" means a subcontractor who is 69646
not in privity of contract with a contractor but is in privity of 69647
contract with another subcontractor.69648

       (4) "Lower tier material supplier" means a material supplier 69649
who is not in privity of contract with a contractor but is in 69650
privity of contract with another subcontractor or a material 69651
supplier.69652

       (5) "Wages due" means the wages due to a laborer as of the 69653
date a contractor or subcontractor receives payment for any 69654
application or request for payment or retainage from any owner, 69655
contractor, or subcontractor.69656

       (6) "Owner" includes the state, and a county, township, 69657
municipal corporation, school district, or other political 69658
subdivision of the state, and any public agency, authority, board, 69659
commission, instrumentality, or special district of or in the 69660
state or a county, township, municipal corporation, school 69661
district, or other political subdivision of the state, and any 69662
officer or agent thereof and relates to all the interests either 69663
legal or equitable, which a person may have in the real estate 69664
upon which improvements are made, including interests held by any 69665
person under contracts of purchase, whether in writing or 69666
otherwise.69667

       Sec. 4115.03.  As used in sections 4115.03 to 4115.16 of the 69668
Revised Code:69669

       (A) "Public authority" means any officer, board, or 69670
commission of the state, or any political subdivision of the 69671
state, authorized to enter into a contract for the construction of 69672
a public improvement or to construct the same by the direct 69673
employment of labor, or any institution supported in whole or in 69674
part by public funds and said sections apply to expenditures of 69675
such institutions made in whole or in part from public funds.69676

       (B) "Construction" means eitherany of the following:69677

       (1) AnyExcept as provided in division (B)(3) of this 69678
section, any new construction of anya public improvement, the 69679
total overall project cost of which is fairly estimated to be more 69680
than fiftythree million five hundred thousand dollars adjusted 69681
biennially by the director of commerce pursuant to section 69682
4115.034 of the Revised Code and performed by other than full-time 69683
employees who have completed their probationary periods in the 69684
classified service of a public authority;69685

       (2) AnyExcept as provided in division (B)(4) of this 69686
section, any reconstruction, enlargement, alteration, repair, 69687
remodeling, renovation, or painting of anya public improvement, 69688
the total overall project cost of which is fairly estimated to be 69689
more than fifteenthree million five hundred thousand dollars 69690
adjusted biennially by the administratordirector pursuant to 69691
section 4115.034 of the Revised Code and performed by other than 69692
full-time employees who have completed their probationary period 69693
in the classified civil service of a public authority;69694

       (3) Any new construction of a public improvement that 69695
involves roads, streets, alleys, sewers, ditches, and other works 69696
connected to road or bridge construction, the total overall 69697
project cost of which is fairly estimated to be more than 69698
seventy-eight thousand two hundred fifty-eight dollars adjusted 69699
biennially by the director of commerce pursuant to section 69700
4115.034 of the Revised Code and performed by other than full-time 69701
employees who have completed their probationary periods in the 69702
classified service of a public authority;69703

       (4) Any reconstruction, enlargement, alteration, repair, 69704
remodeling, renovation, or painting of a public improvement that 69705
involves roads, streets, alleys, sewers, ditches, and other works 69706
connected to road or bridge construction, the total overall 69707
project cost of which is fairly estimated to be more than 69708
twenty-three thousand four hundred forty-seven dollars adjusted 69709
biennially by the director of commerce pursuant to section 69710
4115.034 of the Revised code and performed by other than full-time 69711
employees who have completed their probationary periods in the 69712
classified service of a public authority.69713

       (C) "Public improvement" includes all buildings, roads, 69714
streets, alleys, sewers, ditches, sewage disposal plants, water 69715
works, and all other structures or works constructed by a public 69716
authority of the state or any political subdivision thereof or by 69717
any person who, pursuant to a contract with a public authority, 69718
constructs any structure for a public authority of the state or a 69719
political subdivision thereof. When a public authority rents or 69720
leases a newly constructed structure within six months after 69721
completion of such construction, all work performed on such 69722
structure to suit it for occupancy by a public authority is a 69723
"public improvement." "Public improvement" does not include an 69724
improvement authorized by section 1515.08 of the Revised Code that 69725
is constructed pursuant to a contract with a soil and water 69726
conservation district, as defined in section 1515.01 of the 69727
Revised Code, or performed as a result of a petition filed 69728
pursuant to Chapter 6131., 6133., or 6135. of the Revised Code, 69729
wherein no less than seventy-five per cent of the project is 69730
located on private land and no less than seventy-five per cent of 69731
the cost of the improvement is paid for by private property owners 69732
pursuant to Chapter 1515., 6131., 6133., or 6135. of the Revised 69733
Code. "Public improvement" does not include an improvement that is 69734
neither constructed by a public authority nor constructed for the 69735
benefit of a public authority, even if the improvement uses or 69736
receives financing, grants, or in-kind support from a public 69737
authority.69738

       (D) "Locality" means the county wherein the physical work 69739
upon any public improvement is being performed.69740

       (E) "Prevailing wages" means the sum of the following:69741

       (1) The basic hourly rate of pay;69742

       (2) The rate of contribution irrevocably made by a contractor 69743
or subcontractor to a trustee or to a third person pursuant to a 69744
fund, plan, or program;69745

       (3) The rate of costs to the contractor or subcontractor 69746
which may be reasonably anticipated in providing the following 69747
fringe benefits to laborers and mechanics pursuant to an 69748
enforceable commitment to carry out a financially responsible plan 69749
or program which was communicated in writing to the laborers and 69750
mechanics affected:69751

       (a) Medical or hospital care or insurance to provide such;69752

       (b) Pensions on retirement or death or insurance to provide 69753
such;69754

       (c) Compensation for injuries or illnesses resulting from 69755
occupational activities if it is in addition to that coverage 69756
required by Chapters 4121. and 4123. of the Revised Code;69757

       (d) Supplemental unemployment benefits that are in addition 69758
to those required by Chapter 4141. of the Revised Code;69759

       (e) Life insurance;69760

       (f) Disability and sickness insurance;69761

       (g) Accident insurance;69762

       (h) Vacation and holiday pay;69763

       (i) Defraying of costs for apprenticeship or other similar 69764
training programs which are beneficial only to the laborers and 69765
mechanics affected;69766

       (j) Other bona fide fringe benefits.69767

       None of the benefits enumerated in division (E)(3) of this 69768
section may be considered in the determination of prevailing wages 69769
if federal, state, or local law requires contractors or 69770
subcontractors to provide any of such benefits.69771

       (F) "Interested party," with respect to a particular public 69772
improvement, means:69773

       (1) Any person who submits a bid for the purpose of securing 69774
the award of a contract for construction of the public 69775
improvement;69776

       (2) Any person acting as a subcontractor of a person 69777
mentioned in division (F)(1) of this section;69778

       (3) Any bona fide organization of labor which has as members 69779
or is authorized to represent employees of a person mentioned in 69780
division (F)(1) or (2) of this section and which exists, in whole 69781
or in part, for the purpose of negotiating with employers 69782
concerning the wages, hours, or terms and conditions of employment 69783
of employees;69784

       (4) Any association having as members any of the persons 69785
mentioned in division (F)(1) or (2) of this section.69786

       (G) Except as used in division (A) of this section, "officer" 69787
means an individual who has an ownership interest or holds an 69788
office of trust, command, or authority in a corporation, business 69789
trust, partnership, or association.69790

       Sec. 4115.033.  No public authority shall subdivide a public 69791
improvement project into component parts or projects, the cost of 69792
which is fairly estimated to be less than the threshold levels set 69793
forth in divisionsdivision (B)(1) and (2) of section 4115.03 of 69794
the Revised Code, unless the projects are conceptually separate 69795
and unrelated to each other, or encompass independent and 69796
unrelated needs of the public authority.69797

       Sec. 4115.034.  On January 1, 1996, and the first day of 69798
January of every even-numbered year thereafter, the director of 69799
commerce shall adjust the threshold levels for which public 69800
improvement projects are subject to sections 4115.03 to 4115.16 of 69801
the Revised Code as set forth in divisionsdivision (B)(1) and (2)69802
of section 4115.03 of the Revised Code. The director shall adjust 69803
those amounts according to the average increase or decrease for 69804
each of the two years immediately preceding the adjustment as set 69805
forth in the United States department of commerce, bureau of the 69806
census implicit price deflator for construction, provided that no 69807
increase or decrease for any year shall exceed three per cent of 69808
the threshold level in existence at the time of the adjustment.69809

       Sec. 4115.04.  (A)(1) Every public authority authorized to 69810
contract for or construct with its own forces a public 69811
improvement, before advertising for bids or undertaking such 69812
construction with its own forces, shall have the director of 69813
commerce determine the prevailing rates of wages of mechanics and 69814
laborers in accordance with section 4115.05 of the Revised Code 69815
for the class of work called for by the public improvement, in the 69816
locality where the work is to be performed. Except as provided in 69817
division (A)(2) of this section, that schedule of wages shall be 69818
attached to and made part of the specifications for the work, and 69819
shall be printed on the bidding blanks where the work is done by 69820
contract. A copy of the bidding blank shall be filed with the 69821
director before the contract is awarded. A minimum rate of wages 69822
for common laborers, on work coming under the jurisdiction of the 69823
department of transportation, shall be fixed in each county of the 69824
state by the department of transportation, in accordance with 69825
section 4115.05 of the Revised Code.69826

       (2) In the case of contracts that are administered by the 69827
department of natural resources, the director of natural resources 69828
or the director's designee shall include language in the contracts 69829
requiring wage rate determinations and updates to be obtained 69830
directly from the department of commerce through electronic or 69831
other means as appropriate. Contracts that include this 69832
requirement are exempt from the requirements established in 69833
division (A)(1) of this section that involve attaching the 69834
schedule of wages to the specifications for the work, making the 69835
schedule part of those specifications, and printing the schedule 69836
on the bidding blanks where the work is done by contract.69837

       (B) Sections 4115.03 to 4115.16 of the Revised Code do not 69838
apply to:69839

       (1) Public improvements in any case where the federal 69840
government or any of its agencies furnishes by loan or grant all 69841
or any part of the funds used in constructing such improvements, 69842
provided that the federal government or any of its agencies 69843
prescribes predetermined minimum wages to be paid to mechanics and 69844
laborers employed in the construction of such improvements;69845

       (2) A participant in a work activity, developmental activity, 69846
or an alternative work activity under sections 5107.40 to 5107.69 69847
of the Revised Code when a public authority directly uses the 69848
labor of the participant to construct a public improvement if the 69849
participant is not engaged in paid employment or subsidized 69850
employment pursuant to the activity;69851

       (3) Public improvements undertaken by, or under contract for, 69852
the board of education of any school district or the governing 69853
board of any educational service center;69854

       (4) Public improvements undertaken by, or under contract for, 69855
a county hospital operated pursuant to Chapter 339. of the Revised 69856
Code or a municipal hospital operated pursuant to Chapter 749. of 69857
the Revised Code if none of the funds used in constructing the 69858
improvements are the proceeds of bonds or other obligations that 69859
are secured by the full faith and credit of the state, a county, a 69860
township, or a municipal corporation and none of the funds used in 69861
constructing the improvements, including funds used to repay any 69862
amounts borrowed to construct the improvements, are funds that 69863
have been appropriated for that purpose by the state, a board of 69864
county commissioners, a township, or a municipal corporation from 69865
funds generated by the levy of a tax, provided that a county 69866
hospital or municipal hospital may elect to apply sections 4115.03 69867
to 4115.16 of the Revised Code to a public improvement undertaken 69868
by, or under contract for, the hospital;69869

       (5) Any project described in divisions (D)(1)(a) to (D)(1)(e) 69870
of section 176.05 of the Revised Code;69871

       (6) Public improvements undertaken by, or under contract for, 69872
a state institution of higher education as defined in section 69873
3345.12 of the Revised Code;69874

       (7) Public improvements undertaken by, or under contract for, 69875
a port authority as defined in section 4582.01 or 4582.21 of the 69876
Revised Code.69877

       (C) Under no circumstances shall a public authority apply the 69878
prevailing wage requirements of this chapter to a public 69879
improvement that is exempt under division (B)(3) of this section.69880

       Sec. 4115.10.  (A) No person, firm, corporation, or public 69881
authority that constructs a public improvement with its own 69882
forces, the total overall project cost of which is fairly 69883
estimated to be more than the amounts set forth in division (B)(1) 69884
or (2) of section 4115.03 of the Revised Code, adjusted biennially 69885
by the director of commerce pursuant to section 4115.034 of the 69886
Revised Code, shall violate the wage provisions of sections 69887
4115.03 to 4115.16 of the Revised Code, or suffer, permit, or 69888
require any employee to work for less than the rate of wages so 69889
fixed, or violate the provisions of section 4115.07 of the Revised 69890
Code. Any employee upon any public improvement, except an employee 69891
to whom or on behalf of whom restitution is made pursuant to 69892
division (C) of section 4115.13 of the Revised Code, who is paid 69893
less than the fixed rate of wages applicable thereto may recover 69894
from such person, firm, corporation, or public authority that 69895
constructs a public improvement with its own forces the difference 69896
between the fixed rate of wages and the amount paid to the 69897
employee and in addition thereto a sum equal to twenty-five per 69898
cent of that difference. The person, firm, corporation, or public 69899
authority who fails to pay the rate of wages so fixed also shall 69900
pay a penalty to the director of seventy-five per cent of the 69901
difference between the fixed rate of wages and the amount paid to 69902
the employees on the public improvement. The director shall 69903
deposit all moneys received from penalties paid to the director 69904
pursuant to this section into the penalty enforcementlabor 69905
operating fund, which is hereby created in the state treasury. The 69906
director shall use the fund for the enforcement of sections 69907
4115.03 to 4115.16 of the Revised Code. The employee may file suit 69908
for recovery within ninety days of the director's determination of 69909
a violation of sections 4115.03 to 4115.16 of the Revised Code or 69910
is barred from further action under this division. Where the 69911
employee prevails in a suit, the employer shall pay the costs and 69912
reasonable attorney's fees allowed by the court.69913

       (B) Any employee upon any public improvement who is paid less 69914
than the prevailing rate of wages applicable thereto may file a 69915
complaint in writing with the director upon a form furnished by 69916
the director. The complaint shall include documented evidence to 69917
demonstrate that the employee was paid less than the prevailing 69918
wage in violation of this chapter. Upon receipt of a properly 69919
completed written complaint of any employee paid less than the 69920
prevailing rate of wages applicable, the director shall take an 69921
assignment of a claim in trust for the assigning employee and 69922
bring any legal action necessary to collect the claim. The 69923
employer shall pay the costs and reasonable attorney's fees 69924
allowed by the court if the employer is found in violation of 69925
sections 4115.03 to 4115.16 of the Revised Code.69926

       (C) If after investigation pursuant to section 4115.13 of the 69927
Revised Code, the director determines there is a violation of 69928
sections 4115.03 to 4115.16 of the Revised Code and a period of 69929
sixty days has elapsed from the date of the determination, and if:69930

       (1) No employee has brought suit pursuant to division (A) of 69931
this section;69932

       (2) No employee has requested that the director take an 69933
assignment of a wage claim pursuant to division (B) of this 69934
section;.69935

       The director shall bring any legal action necessary to 69936
collect any amounts owed to employees and the director. The 69937
director shall pay over to the affected employees the amounts 69938
collected to which the affected employees are entitled under 69939
division (A) of this section. In any action in which the director 69940
prevails, the employer shall pay the costs and reasonable 69941
attorney's fees allowed by the court.69942

       (D) Where persons are employed and their rate of wages has 69943
been determined as provided in section 4115.04 of the Revised 69944
Code, no person, either for self or any other person, shall 69945
request, demand, or receive, either before or after the person is 69946
engaged, that the person so engaged pay back, return, donate, 69947
contribute, or give any part or all of the person's wages, salary, 69948
or thing of value, to any person, upon the statement, 69949
representation, or understanding that failure to comply with such 69950
request or demand will prevent the procuring or retaining of 69951
employment, and no person shall, directly or indirectly, aid, 69952
request, or authorize any other person to violate this section. 69953
This division does not apply to any agent or representative of a 69954
duly constituted labor organization acting in the collection of 69955
dues or assessments of such organization.69956

       (E) The director shall enforce sections 4115.03 to 4115.16 of 69957
the Revised Code.69958

       (F) For the purpose of supplementing existing resources and 69959
to assist in enforcing division (E) of this section, the director 69960
may contract with a person registered as a public accountant under 69961
Chapter 4701. of the Revised Code to conduct an audit of a person, 69962
firm, corporation, or public authority.69963

       Sec. 4115.101.  There is hereby created the prevailing wage 69964
custodial fund, which shall be in the custody of the treasurer of 69965
state but shall not be part of the state treasury. The director of 69966
commerce shall deposit to the fund all money paid by employers to 69967
the director that are held in trust for employees to whom 69968
prevailing wages are due and owing. The director shall make 69969
disbursements from the fund in accordance with this chapter to 69970
employees affected by violations of this chapter. If the director 69971
determines that any funds in the prevailing wage custodial fund 69972
are not returnable to employees as required under this section, 69973
then the director shall certify to the treasurer of state the 69974
amount of the funds that are not returnable. Upon the receipt of a 69975
certification from the director in accordance with this section, 69976
the treasurer of state shall transfer the certified amount of the 69977
funds from the prevailing wage custodial fund to the labor 69978
operating fund.69979

       Sec. 4115.16.  (A) An interested party may file a complaint 69980
with the director of commerce alleging a violation of sections 69981
4115.03 to 4115.16 of the Revised Code. The director, upon receipt 69982
of a complaint, shall investigate pursuant to section 4115.13 of 69983
the Revised Code. If the director determines that no violation has 69984
occurred or that the violation was not intentional, the interested 69985
party may appeal the decision to the court of common pleas of the 69986
county where the violation is alleged to have occurred.69987

       (B) If the director has not ruled on the merits of the 69988
complaint within sixty days after its filing, the interested party 69989
may file a complaint in the court of common pleas of the county in 69990
which the violation is alleged to have occurred. The complaint may 69991
make the contracting public authority a party to the action, but 69992
not the director. Contemporaneous with service of the complaint, 69993
the interested party shall deliver a copy of the complaint to the 69994
director. Upon receipt thereof, the director shall cease 69995
investigating or otherwise acting upon the complaint filed 69996
pursuant to division (A) of this section. The court in which the 69997
complaint is filed pursuant to this division shall hear and decide 69998
the case, and upon finding that a violation has occurred, shall 69999
make such orders as will prevent further violation and afford to 70000
injured persons the relief specified under sections 4115.03 to 70001
4115.16 of the Revised Code. The court's finding that a violation 70002
has occurred shall have the same consequences as a like 70003
determination by the director. The court may order the director to 70004
take such action as will prevent further violation and afford to 70005
injured persons the remedies specified under sections 4115.03 to 70006
4115.16 of the Revised Code. Upon receipt of any order of the 70007
court pursuant to this section, the director shall undertake 70008
enforcement action without further investigation or hearings.70009

       (C) The director shall make available to the parties to any 70010
appeal or action pursuant tounder this section all files, 70011
documents, affidavits, or other information in the director's 70012
possession that pertain to the matter. The rules generally 70013
applicable to civil actions in the courts of this state shall 70014
govern all appeals or actions under this section. Any 70015
determination of a court under this section is subject to 70016
appellate review.70017

       (D) Where, pursuant to this section, a court finds a 70018
violation of sections 4115.03 to 4115.16 of the Revised Code, the 70019
court shall award attorney fees and court costs to the prevailing 70020
party. In the event the court finds that no violation has 70021
occurred, the court may award court costs and attorney fees to the 70022
prevailing party, other than to the director or the public 70023
authority, where the court finds the action brought was 70024
unreasonable or without foundation, even though not brought in 70025
subjective bad faith.70026

       Sec. 4116.01.  As used in sections 4116.01 to 4116.04 of the 70027
Revised Code:70028

       (A) "Public authority" means any officer, board, or 70029
commission of the state, or any political subdivision of the 70030
state, or any institution supported in whole or in part by public 70031
funds, authorized to enter into a contract for the construction of 70032
a public improvement or to construct a public improvement by the 70033
direct employment of labor. "Public authority" shall not mean any 70034
municipal corporation that has adopted a charter under sections 70035
three and seven of article XVIII of the Ohio constitution70036
Constitution, unless the specific contract for a public 70037
improvement includes state funds appropriated for the purposes of 70038
that public improvement.70039

       (B) "Construction" means all of the following:70040

       (1) Any new construction of any public improvement performed 70041
by other than full-time employees who have completed their 70042
probationary periods in the classified service of a public 70043
authority;70044

       (2) Any reconstruction, enlargement, alteration, repair, 70045
remodeling, renovation, or painting of any public improvement 70046
performed by other than full-time employees who have completed 70047
their probationary period in the classified civil service of a 70048
public authority;70049

       (3) Construction on any project, facility, or project 70050
facility to which section 122.452, 122.80, 165.031, 166.02,70051
1551.13,or 1728.07, or 3706.042 of the Revised Code applies;70052

       (4) Construction on any project as defined in section 122.39 70053
of the Revised Code, any project as defined in section 165.01 of 70054
the Revised Code, any energy resource development facility as 70055
defined in section 1551.01 of the Revised Code, or any project as 70056
defined in section 3706.01 of the Revised Code.70057

       (C) "Public improvement" means all buildings, roads, streets, 70058
alleys, sewers, ditches, sewage disposal plants, water works, and 70059
other structures or works constructed by a public authority or by 70060
any person who, pursuant to a contract with a public authority, 70061
constructs any structure or work for a public authority. When a 70062
public authority rents or leases a newly constructed structure 70063
within six months after completion of its construction, all work 70064
performed on that structure to suit it for occupancy by a public 70065
authority is a "public improvement."70066

       (D) "Interested party," with respect to a particular public 70067
improvement, means all of the following:70068

       (1) Any person who submits a bid for the purpose of securing 70069
the award of a contract for the public improvement;70070

       (2) Any person acting as a subcontractor of a person 70071
mentioned in division (D)(1) of this section;70072

       (3) Any association having as members any of the persons 70073
mentioned in division (D)(1) or (2) of this section;70074

       (4) Any employee of a person mentioned in division (D)(1), 70075
(2), or (3) of this section;70076

       (5) Any individual who is a resident of the jurisdiction of 70077
the public authority for whom products or services for a public 70078
improvement are being procured or for whom work on a public 70079
improvement is being performed.70080

       Sec. 4117.01.  As used in this chapter:70081

       (A) "Person," in addition to those included in division (C) 70082
of section 1.59 of the Revised Code, includes employee 70083
organizations, public employees, and public employers.70084

       (B) "Public employer" means the state or any political 70085
subdivision of the state located entirely within the state, 70086
including, without limitation, any municipal corporation with a 70087
population of at least five thousand according to the most recent 70088
federal decennial census; county; township with a population of at 70089
least five thousand in the unincorporated area of the township 70090
according to the most recent federal decennial census; school 70091
district; governing authority of a community school established 70092
under Chapter 3314. of the Revised Code;college preparatory 70093
boarding school established under Chapter 3328. of the Revised 70094
Code or its operator; state institution of higher learning; public 70095
or special district; state agency, authority, commission, or 70096
board; or other branch of public employment. "Public employer" 70097
does not include the nonprofit corporation formed under section 70098
187.01 of the Revised Code or the governing authority of a 70099
community school established under Chapter 3314. of the Revised 70100
Code.70101

       (C) "Public employee" means any person holding a position by 70102
appointment or employment in the service of a public employer, 70103
including any person working pursuant to a contract between a 70104
public employer and a private employer and over whom the national 70105
labor relations board has declined jurisdiction on the basis that 70106
the involved employees are employees of a public employer, except:70107

       (1) Persons holding elective office;70108

       (2) Employees of the general assembly and employees of any 70109
other legislative body of the public employer whose principal 70110
duties are directly related to the legislative functions of the 70111
body;70112

       (3) Employees on the staff of the governor or the chief 70113
executive of the public employer whose principal duties are 70114
directly related to the performance of the executive functions of 70115
the governor or the chief executive;70116

       (4) Persons who are members of the Ohio organized militia, 70117
while training or performing duty under section 5919.29 or 5923.12 70118
of the Revised Code;70119

       (5) Employees of the state employment relations board, 70120
including those employees of the state employment relations board 70121
utilized by the state personnel board of review in the exercise of 70122
the powers and the performance of the duties and functions of the 70123
state personnel board of review;70124

       (6) Confidential employees;70125

       (7) Management level employees;70126

       (8) Employees and officers of the courts, assistants to the 70127
attorney general, assistant prosecuting attorneys, and employees 70128
of the clerks of courts who perform a judicial function;70129

       (9) Employees of a public official who act in a fiduciary 70130
capacity, appointed pursuant to section 124.11 of the Revised 70131
Code;70132

       (10) Supervisors;70133

       (11) Students whose primary purpose is educational training, 70134
including graduate assistants or associates, residents, interns, 70135
or other students working as part-time public employees less than 70136
fifty per cent of the normal year in the employee's bargaining 70137
unit;70138

       (12) Employees of county boards of election;70139

       (13) Seasonal and casual employees as determined by the state 70140
employment relations board;70141

       (14) Part-time faculty members of an institution of higher 70142
education;70143

       (15) Participants in a work activity, developmental activity, 70144
or alternative work activity under sections 5107.40 to 5107.69 of 70145
the Revised Code who perform a service for a public employer that 70146
the public employer needs but is not performed by an employee of 70147
the public employer if the participant is not engaged in paid 70148
employment or subsidized employment pursuant to the activity;70149

       (16) Employees included in the career professional service of 70150
the department of transportation under section 5501.20 of the 70151
Revised Code;70152

       (17) Employees of community-based correctional facilities and 70153
district community-based correctional facilities created under 70154
sections 2301.51 to 2301.58 of the Revised Code who are not 70155
subject to a collective bargaining agreement on June 1, 2005.70156

       (D) "Employee organization" means any labor or bona fide 70157
organization in which public employees participate and that exists 70158
for the purpose, in whole or in part, of dealing with public 70159
employers concerning grievances, labor disputes, wages, hours, 70160
terms, and other conditions of employment.70161

       (E) "Exclusive representative" means the employee 70162
organization certified or recognized as an exclusive 70163
representative under section 4117.05 of the Revised Code.70164

       (F) "Supervisor" means any individual who has authority, in 70165
the interest of the public employer, to hire, transfer, suspend, 70166
lay off, recall, promote, discharge, assign, reward, or discipline 70167
other public employees; to responsibly direct them; to adjust 70168
their grievances; or to effectively recommend such action, if the 70169
exercise of that authority is not of a merely routine or clerical 70170
nature, but requires the use of independent judgment, provided 70171
that:70172

       (1) Employees of school districts who are department 70173
chairpersons or consulting teachers shall not be deemed 70174
supervisors;70175

       (2) With respect to members of a police or fire department, 70176
no person shall be deemed a supervisor except the chief of the 70177
department or those individuals who, in the absence of the chief, 70178
are authorized to exercise the authority and perform the duties of 70179
the chief of the department. Where prior to June 1, 1982, a public 70180
employer pursuant to a judicial decision, rendered in litigation 70181
to which the public employer was a party, has declined to engage 70182
in collective bargaining with members of a police or fire 70183
department on the basis that those members are supervisors, those 70184
members of a police or fire department do not have the rights 70185
specified in this chapter for the purposes of future collective 70186
bargaining. The state employment relations board shall decide all 70187
disputes concerning the application of division (F)(2) of this 70188
section.70189

       (3) With respect to faculty members of a state institution of 70190
higher education, heads of departments or divisions are 70191
supervisors; however, no other faculty member or group of faculty 70192
members is a supervisor solely because the faculty member or group 70193
of faculty members participate in decisions with respect to 70194
courses, curriculum, personnel, or other matters of academic 70195
policy;70196

       (4) No teacher as defined in section 3319.09 of the Revised 70197
Code shall be designated as a supervisor or a management level 70198
employee unless the teacher is employed under a contract governed 70199
by section 3319.01, 3319.011, or 3319.02 of the Revised Code and 70200
is assigned to a position for which a license deemed to be for 70201
administrators under state board rules is required pursuant to 70202
section 3319.22 of the Revised Code.70203

       (G) "To bargain collectively" means to perform the mutual 70204
obligation of the public employer, by its representatives, and the 70205
representatives of its employees to negotiate in good faith at 70206
reasonable times and places with respect to wages, hours, terms, 70207
and other conditions of employment and the continuation, 70208
modification, or deletion of an existing provision of a collective 70209
bargaining agreement, with the intention of reaching an agreement, 70210
or to resolve questions arising under the agreement. "To bargain 70211
collectively" includes executing a written contract incorporating 70212
the terms of any agreement reached. The obligation to bargain 70213
collectively does not mean that either party is compelled to agree 70214
to a proposal nor does it require the making of a concession.70215

       (H) "Strike" means continuous concerted action in failing to 70216
report to duty; willful absence from one's position; or stoppage 70217
of work in whole from the full, faithful, and proper performance 70218
of the duties of employment, for the purpose of inducing, 70219
influencing, or coercing a change in wages, hours, terms, and 70220
other conditions of employment. "Strike" does not include a 70221
stoppage of work by employees in good faith because of dangerous 70222
or unhealthful working conditions at the place of employment that 70223
are abnormal to the place of employment.70224

       (I) "Unauthorized strike" includes, but is not limited to, 70225
concerted action during the term or extended term of a collective 70226
bargaining agreement or during the pendency of the settlement 70227
procedures set forth in section 4117.14 of the Revised Code in 70228
failing to report to duty; willful absence from one's position; 70229
stoppage of work; slowdown, or abstinence in whole or in part from 70230
the full, faithful, and proper performance of the duties of 70231
employment for the purpose of inducing, influencing, or coercing a 70232
change in wages, hours, terms, and other conditions of employment. 70233
"Unauthorized strike" includes any such action, absence, stoppage, 70234
slowdown, or abstinence when done partially or intermittently, 70235
whether during or after the expiration of the term or extended 70236
term of a collective bargaining agreement or during or after the 70237
pendency of the settlement procedures set forth in section 4117.14 70238
of the Revised Code.70239

       (J) "Professional employee" means any employee engaged in 70240
work that is predominantly intellectual, involving the consistent 70241
exercise of discretion and judgment in its performance and 70242
requiring knowledge of an advanced type in a field of science or 70243
learning customarily acquired by a prolonged course in an 70244
institution of higher learning or a hospital, as distinguished 70245
from a general academic education or from an apprenticeship; or an 70246
employee who has completed the courses of specialized intellectual 70247
instruction and is performing related work under the supervision 70248
of a professional person to become qualified as a professional 70249
employee.70250

       (K) "Confidential employee" means any employee who works in 70251
the personnel offices of a public employer and deals with 70252
information to be used by the public employer in collective 70253
bargaining; or any employee who works in a close continuing 70254
relationship with public officers or representatives directly 70255
participating in collective bargaining on behalf of the employer.70256

       (L) "Management level employee" means an individual who 70257
formulates policy on behalf of the public employer, who 70258
responsibly directs the implementation of policy, or who may 70259
reasonably be required on behalf of the public employer to assist 70260
in the preparation for the conduct of collective negotiations, 70261
administer collectively negotiated agreements, or have a major 70262
role in personnel administration. Assistant superintendents, 70263
principals, and assistant principals whose employment is governed 70264
by section 3319.02 of the Revised Code are management level 70265
employees. With respect to members of a faculty of a state 70266
institution of higher education, no person is a management level 70267
employee because of the person's involvement in the formulation or 70268
implementation of academic or institution policy.70269

       (M) "Wages" means hourly rates of pay, salaries, or other 70270
forms of compensation for services rendered.70271

       (N) "Member of a police department" means a person who is in 70272
the employ of a police department of a municipal corporation as a 70273
full-time regular police officer as the result of an appointment 70274
from a duly established civil service eligibility list or under 70275
section 737.15 or 737.16 of the Revised Code, a full-time deputy 70276
sheriff appointed under section 311.04 of the Revised Code, a 70277
township constable appointed under section 509.01 of the Revised 70278
Code, or a member of a township police district police department 70279
appointed under section 505.49 of the Revised Code.70280

       (O) "Members of the state highway patrol" means highway 70281
patrol troopers and radio operators appointed under section 70282
5503.01 of the Revised Code.70283

       (P) "Member of a fire department" means a person who is in 70284
the employ of a fire department of a municipal corporation or a 70285
township as a fire cadet, full-time regular firefighter, or 70286
promoted rank as the result of an appointment from a duly 70287
established civil service eligibility list or under section 70288
505.38, 709.012, or 737.22 of the Revised Code.70289

       (Q) "Day" means calendar day.70290

       Sec. 4117.03.  (A) Public employees have the right to:70291

       (1) Form, join, assist, or participate in, or refrain from 70292
forming, joining, assisting, or participating in, except as 70293
otherwise provided in Chapter 4117. of the Revised Code, any 70294
employee organization of their own choosing;70295

       (2) Engage in other concerted activities for the purpose of 70296
collective bargaining or other mutual aid and protection;70297

       (3) Representation by an employee organization;70298

       (4) Bargain collectively with their public employers to 70299
determine wages, hours, terms and other conditions of employment 70300
and the continuation, modification, or deletion of an existing 70301
provision of a collective bargaining agreement, and enter into 70302
collective bargaining agreements;70303

       (5) Present grievances and have them adjusted, without the 70304
intervention of the bargaining representative, as long as the 70305
adjustment is not inconsistent with the terms of the collective 70306
bargaining agreement then in effect and as long as the bargaining 70307
representatives have the opportunity to be present at the 70308
adjustment.70309

       (B) Persons on active duty or acting in any capacity as 70310
members of the organized militia do not have collective bargaining 70311
rights. Employees of a community school established under Chapter 70312
3314. of the Revised Code do not have collective bargaining 70313
rights. A community school established under Chapter 3314. of the 70314
Revised Code shall not bargain collectively with its employees, 70315
except as provided in section 3314.10 of the Revised Code.70316

       (C) Except as provided in division (D) of this section, 70317
nothing in Chapter 4117. of the Revised Code prohibits public 70318
employers from electing to engage in collective bargaining, to 70319
meet and confer, to hold discussions, or to engage in any other 70320
form of collective negotiations with public employees who are not 70321
subject to Chapter 4117. of the Revised Code pursuant to division 70322
(C) of section 4117.01 of the Revised Code.70323

       (D) A public employer shall not engage in collective 70324
bargaining or other forms of collective negotiations with the 70325
employees of county boards of elections referred to in division 70326
(C)(12) of section 4117.01 of the Revised Code.70327

       (E) Employees of public schools may bargain collectively for 70328
health care benefits; however, all health care benefits shall 70329
include best practices prescribed by the school employees health 70330
care board, in accordance with section 9.901 of the Revised Code.70331

       Sec. 4117.06.  (A) The state employment relations board shall 70332
decide in each case the unit appropriate for the purposes of 70333
collective bargaining. The determination is final and conclusive 70334
and not appealable to the court.70335

       (B) The board shall determine the appropriateness of each 70336
bargaining unit and shall consider among other relevant factors: 70337
the desires of the employees; the community of interest; wages, 70338
hours, and other working conditions of the public employees; the 70339
effect of over-fragmentation; the efficiency of operations of the 70340
public employer; the administrative structure of the public 70341
employer; and the history of collective bargaining.70342

       (C) The board may determine a unit to be the appropriate unit 70343
in a particular case, even though some other unit might also be 70344
appropriate.70345

       (D) In addition, in determining the appropriate unit, the 70346
board shall not:70347

       (1) Decide that any unit is appropriate if the unit includes 70348
both professional and nonprofessional employees, unless a majority 70349
of the professional employees and a majority of the 70350
nonprofessional employees first vote for inclusion in the unit;70351

       (2) Include guards or correction officers at correctional or 70352
mental institutions, special police officers appointed in 70353
accordance with sections 5119.14 and 5123.13 of the Revised Code, 70354
psychiatric attendants employed at mental health forensic 70355
facilities, youth leaders employed at juvenile correction 70356
facilities, or any public employee employed as a guard to enforce 70357
against other employees rules to protect property of the employer 70358
or to protect the safety of persons on the employer's premises in 70359
a unit with other employees;70360

       (3) Include members of a police or fire department or members 70361
of the state highway patrol in a unit with other classifications 70362
of public employees of the department;70363

       (4) Designate as appropriate a bargaining unit that contains 70364
more than one institution of higher education; nor shall it within 70365
any such institution of higher education designate as appropriate 70366
a unit where such designation would be inconsistent with the 70367
accreditation standards or interpretations of such standards, 70368
governing such institution of higher education or any department, 70369
school, or college thereof. For the purposes of this division, any 70370
branch or regional campus of a public institution of higher 70371
education is part of that institution of higher education.70372

       (5) Designate as appropriate a bargaining unit that contains 70373
employees within the jurisdiction of more than one elected county 70374
office holder, unless the county-elected office holder and the 70375
board of county commissioners agree to such other designation;70376

       (6) With respect to members of a police department, designate 70377
as appropriate a unit that includes rank and file members of the 70378
department with members who are of the rank of sergeant or above;70379

       (7) Except as otherwise provided by division (A)(3) of 70380
section 3314.10 or division (B) of section 3326.18 of the Revised 70381
Code, designate as appropriate a bargaining unit that contains 70382
employees from multiple community schools established under 70383
Chapter 3314. or multiple science, technology, engineering, and 70384
mathematics schools established under Chapter 3326. of the Revised 70385
Code. For purposes of this division, more than one unit may be 70386
designated within a single community school or science, 70387
technology, engineering, and mathematics school.70388

       This section shall not be deemed to prohibit multiunit 70389
bargaining.70390

       Sec. 4123.27.  Information contained in the annual statement 70391
provided for in section 4123.26 of the Revised Code, and such 70392
other information as may be furnished to the bureau of workers' 70393
compensation by employers in pursuance of that section, is for the 70394
exclusive use and information of the bureau in the discharge of 70395
its official duties, and shall not be open to the public nor be 70396
used in any court in any action or proceeding pending therein 70397
unless the bureau is a party to the action or proceeding; but the 70398
information contained in the statement may be tabulated and 70399
published by the bureau in statistical form for the use and 70400
information of other state departments and the public. No person 70401
in the employ of the bureau, except those who are authorized by 70402
the administrator of workers' compensation, shall divulge any 70403
information secured by the person while in the employ of the 70404
bureau in respect to the transactions, property, claim files, 70405
records, or papers of the bureau or in respect to the business or 70406
mechanical, chemical, or other industrial process of any company, 70407
firm, corporation, person, association, partnership, or public 70408
utility to any person other than the administrator or to the 70409
superior of such employee of the bureau.70410

       Notwithstanding the restrictions imposed by this section, the 70411
governor, select or standing committees of the general assembly, 70412
the auditor of state, the attorney general, or their designees, 70413
pursuant to the authority granted in this chapter and Chapter 70414
4121. of the Revised Code, may examine any records, claim files, 70415
or papers in possession of the industrial commission or the 70416
bureau. They also are bound by the privilege that attaches to 70417
these papers.70418

       The administrator shall report to the director of job and 70419
family services or to the county director of job and family 70420
services the name, address, and social security number or other 70421
identification number of any person receiving workers' 70422
compensation whose name or social security number or other 70423
identification number is the same as that of a person required by 70424
a court or child support enforcement agency to provide support 70425
payments to a recipient or participant of public assistance, as 70426
that term is defined in section 5101.181 of the Revised Code, and 70427
whose name is submitted to the administrator by the director under 70428
section 5101.36 of the Revised Code. The administrator also shall 70429
inform the director of the amount of workers' compensation paid to 70430
the person during such period as the director specifies.70431

       Within fourteen days after receiving from the director of job 70432
and family services a list of the names and social security 70433
numbers of recipients or participants of public assistance 70434
pursuant to section 5101.181 of the Revised Code, the 70435
administrator shall inform the auditor of state of the name, 70436
current or most recent address, and social security number of each 70437
person receiving workers' compensation pursuant to this chapter 70438
whose name and social security number are the same as that of a 70439
person whose name or social security number was submitted by the 70440
director. The administrator also shall inform the auditor of state 70441
of the amount of workers' compensation paid to the person during 70442
such period as the director specifies.70443

       The bureau and its employees, except for purposes of 70444
furnishing the auditor of state with information required by this 70445
section, shall preserve the confidentiality of recipients or 70446
participants of public assistance in compliance with division (A) 70447
of section 5101.181 of the Revised Code.70448

       For the purposes of this section, "public assistance" means 70449
medical assistance provided through the medical assistance program 70450
established under section 5111.01 of the Revised Code, Ohio works 70451
first provided under Chapter 5107. of the Revised Code, 70452
prevention, retention, and contingency benefits and services 70453
provided under Chapter 5108. of the Revised Code, or disability 70454
financial assistance provided under Chapter 5115. of the Revised 70455
Code. 70456

       Sec. 4131.03.  (A) For the relief of persons who are entitled 70457
to receive benefits by virtue of the federal act, there is hereby 70458
established a coal-workers pneumoconiosis fund, which shall be 70459
separate from the funds established and administered pursuant to 70460
Chapter 4123. of the Revised Code. The fund shall consist of 70461
premiums and other payments thereto by subscribers who elect to 70462
subscribe to the fund to insure the payment of benefits required 70463
by the federal act.70464

       (B)(1) The coal-workers pneumoconiosis fund shall be in the 70465
custody of the treasurer of state. The bureau of workers' 70466
compensation shall make disbursements from the fund to those 70467
persons entitled to payment therefrom and in the amounts required 70468
pursuant to sections 4131.01 to 4131.06 of the Revised Code. All 70469
investment earnings of the fund shall be credited to the fund.70470

       (2) TheBeginning July 1, 2011, and ending June 30, 2013, the 70471
director of natural resources annually may request the 70472
administrator of workers' compensation to transfer a portion of 70473
the investment earnings credited to the coal-workers 70474
pneumoconiosis fund as provided in this division. If the 70475
administrator receives a request from the director, the70476
administrator of workers' compensation may, on the first day of 70477
July, or as soon as possible after that date, shall transfer a 70478
portion offrom the investment earnings credited to the 70479
coal-workers pneumoconiosis fund an amount not to exceed three 70480
million dollars to the mine safety fund created in section 1561.24 70481
of the Revised Code for the purposes specified in that section and 70482
an amount not to exceed one million five hundred thousand dollars 70483
to the coal mining administration and reclamation reserve fund 70484
created in section 1513.181 of the Revised Code for the purposes 70485
specified in that section. The administrator, with the advice and 70486
consent of the bureau of workers' compensation board of directors, 70487
shall adopt rules governing the transfer in order to ensure the 70488
solvency of the coal-workers pneumoconiosis fund. For that 70489
purpose, the rules may establish tests based on measures of net 70490
assets, liabilities, expenses, interest, dividend income, or other 70491
factors that the administrator determines appropriate that may be 70492
applied prior to a transfer.70493

       (C) The administrator shall have the same powers to invest 70494
any of the surplus or reserve belonging to the coal-workers 70495
pneumoconiosis fund as are delegated to the administrator under 70496
section 4123.44 of the Revised Code with respect to the state 70497
insurance fund.70498

       (D) If the administrator determines that reinsurance of the 70499
risks of the coal-workers pneumoconiosis fund is necessary to 70500
assure solvency of the fund, the administrator may:70501

       (1) Enter into contracts for the purchase of reinsurance 70502
coverage of the risks of the fund with any company or agency 70503
authorized by law to issue contracts of reinsurance;70504

       (2) Pay the cost of reinsurance from the fund;70505

       (3) Include the costs of reinsurance as a liability and 70506
estimated liability of the fund.70507

       Sec. 4141.08.  (A) There is hereby created an unemployment 70508
compensation advisory council appointed as follows:70509

       (1) Three members who on account of their vocation, 70510
employment, or affiliations can be classed as representative of 70511
employers and three members who on account of their vocation, 70512
employment, or affiliation can be classed as representatives of 70513
employees appointed by the governor with the advice and consent of 70514
the senate. All appointees shall be persons whose training and 70515
experience qualify them to deal with the difficult problems of 70516
unemployment compensation, particularly with respect to the legal, 70517
accounting, actuarial, economic, and social aspects of 70518
unemployment compensation;70519

       (2) The chairpersons of the standing committees of the senate 70520
and the house of representatives to which legislation pertaining 70521
to Chapter 4141. of the Revised Code is customarily referred;70522

       (3) Two members of the senate appointed by the president of 70523
the senate; and70524

       (4) Two members of the house of representatives appointed by 70525
the speaker of the house of representatives.70526

       The speaker and the president shall arrange that of the six 70527
legislative members appointed to the council, not more than three 70528
are members of the same political party.70529

       (B) Members appointed by the governor shall serve for a term 70530
of four years, each term ending on the same day as the date of 70531
their original appointment. Legislative members shall serve during 70532
the session of the general assembly to which they are elected and 70533
for as long as they are members of the general assembly. Vacancies 70534
shall be filled in the same manner as the original appointment but 70535
only for the unexpired part of a term.70536

       (C) Members of the council shall serve without salary but, 70537
notwithstanding section 101.26 of the Revised Code, shall be paid 70538
a meeting stipend of fifty dollars per day each and their actual 70539
and necessary expenses while engaged in the performance of their 70540
duties as members of the council which shall be paid from funds 70541
allocated to pay the expenses of the council pursuant to this 70542
section.70543

       (D) The council shall organize itself and select a 70544
chairperson or co-chairpersons and other officers and committees 70545
as it considers necessary. Seven members constitute a quorum and 70546
the council may act only upon the affirmative vote of seven 70547
members. The council shall meet at least once each calendar 70548
quarter but it may meet more often as the council considers 70549
necessary or at the request of the chairperson.70550

       (E) The council may employ professional and clerical 70551
assistance as it considers necessary and may request of the 70552
director of job and family services assistance as it considers 70553
necessary. The director shall furnish the council with office and 70554
meeting space as requested by the council.70555

       (F) The director shall pay the operating expenses of the 70556
council as determined by the council from moneys in the 70557
unemployment compensation special administrative fund established 70558
in section 4141.11 of the Revised Code.70559

       (G) The council shall have access to only the records of the 70560
department of job and family services that are necessary for the 70561
administration of this chapter and to the reasonable services of 70562
the employees of the department. It may request the director, or 70563
any of the employees appointed by the director, or any employer or 70564
employee subject to this chapter, to appear before it and to 70565
testify relative to the functioning of this chapter and to other 70566
relevant matters. The council may conduct research of its own, 70567
make and publish reports, and recommend to the director, the 70568
unemployment compensation review commission, the governor, or the 70569
general assembly needed changes in this chapter, or in the rules 70570
of the department as it considers necessary.70571

       Sec. 4141.11.  There is hereby created in the state treasury 70572
the unemployment compensation special administrative fund. The 70573
fund shall consist of all interest collected on delinquent 70574
contributions pursuant to this chapter, all fines and forfeitures 70575
collected under this chapter, and all court costs and interest 70576
paid or collected in connection with the repayment of fraudulently 70577
obtained benefits pursuant to section 4141.35 of the Revised Code. 70578
All interest earned on the money in the fund shall be retained in 70579
the fund and shall not be credited or transferred to any other 70580
fund or account, except as provided in division (B) of this 70581
section. All moneys which are deposited or paid into this fund may 70582
be used by:70583

       (A) The director of job and family services with the approval 70584
of the unemployment compensation advisory council whenever it 70585
appears that such use is necessary for:70586

       (1) The proper administration of this chapter and no federal 70587
funds are available for the specific purpose for which the 70588
expenditure is to be made, provided the moneys are not substituted 70589
for appropriations from federal funds, which in the absence of 70590
such moneys would be available;70591

       (2) The proper administration of this chapter for which 70592
purpose appropriations from federal funds have been requested and 70593
approved but not received, provided the fund would be reimbursed 70594
upon receipt of the federal appropriation;70595

       (3) To the extent possible, the repayment to the unemployment 70596
compensation administration fund of moneys found by the proper 70597
agency of the United States to have been lost or expended for 70598
purposes other than, or an amount in excess of, those found 70599
necessary by the proper agency of the United States for the 70600
administration of this chapter.70601

       (B) The director or the director's deputy whenever it appears 70602
that such use is necessary for the payment of refunds or 70603
adjustments of interest, fines, forfeitures, or court costs 70604
erroneously collected and paid into this fund pursuant to this 70605
chapter.70606

       (C) The director, to pay state disaster unemployment benefits 70607
pursuant to section 4141.292 of the Revised Code. The director 70608
need not have prior approval from the council to make these 70609
payments.70610

       (D) The director, to pay any costs attributable to the 70611
director that are associated with the sale of real property under 70612
section 4141.131 of the Revised Code. The director need not have 70613
prior approval from the council to make these payments.70614

       Whenever the balance in the unemployment compensation special 70615
administrative fund is considered to be excessive by the council70616
director, the director shall request the director of budget and 70617
management to transfer to the unemployment compensation fund the 70618
amount considered to be excessive. Any balance in the unemployment 70619
compensation special administrative fund shall not lapse at any 70620
time, but shall be continuously available to the director of jobs70621
job and family services or to the council for expenditures 70622
consistent with this chapter.70623

       Sec. 4141.33.  (A) "Seasonal employment" means employment of 70624
individuals hired primarily to perform services in an industry 70625
which because of climatic conditions or because of the seasonal 70626
nature of such industry it is customary to operate only during 70627
regularly recurring periods of forty weeks or less in any 70628
consecutive fifty-two weeks. "Seasonal employer" means an employer 70629
determined by the director of job and family services to be an 70630
employer whose operations and business, with the exception of 70631
certain administrative and maintenance operations, are 70632
substantially all in a seasonal industry. Any employer who claims 70633
to have seasonal employment in a seasonal industry may file with 70634
the director a written application for classification of such 70635
employment as seasonal. Whenever in any industry it is customary 70636
to operate because of climatic conditions or because of the 70637
seasonal nature of such industry only during regularly recurring 70638
periods of forty weeks or less duration, benefits shall be payable 70639
only during the longest seasonal periods which the best practice 70640
of such industry will reasonably permit. The director shall 70641
determine, after investigation, hearing, and due notice, whether 70642
the industry is seasonal and, if seasonal, establish seasonal 70643
periods for such seasonal employer. Until such determination by 70644
the director, no industry or employment shall be deemed seasonal.70645

       (B) When the director has determined such seasonal periods, 70646
the director shall also establish the proportionate number of 70647
weeks of employment and earnings required to qualify for seasonal 70648
benefit rights in place of the weeks of employment and earnings 70649
requirement stipulated in division (R) of section 4141.01 and 70650
section 4141.30 of the Revised Code, and the proportionate number 70651
of weeks for which seasonal benefits may be paid. An individual 70652
whose base period employment consists of only seasonal employment 70653
for a single seasonal employer and who meets the employment and 70654
earnings requirements determined by the director pursuant to this 70655
division will have benefit rights determined in accordance with 70656
this division. Benefit charges for such seasonal employment shall 70657
be computed and charged in accordance with division (D) of section 70658
4141.24 of the Revised Code. The director may adopt rules for 70659
implementation of this section.70660

       (C) An individual whose base period employment consists of 70661
either seasonal employment with two or more seasonal employers or 70662
both seasonal employment and nonseasonal employment with employers 70663
subject to this chapter, will have benefit rights determined in 70664
accordance with division (R) of section 4141.01 and section 70665
4141.30 of the Revised Code. Benefit charges for both seasonal and 70666
nonseasonal employment shall be computed and charged in accordance 70667
with division (D) of section 4141.24 of the Revised Code. The 70668
total seasonal and nonseasonal benefits during a benefit year 70669
cannot exceed twenty-six times the weekly benefit amountwho 70670
performs services that substantially consist of services performed 70671
in seasonal employment shall not be paid benefits for those 70672
services for any week in the period between two successive 70673
seasonal periods if the individual performed those services in the 70674
first of the seasonal periods and there is reasonable assurance 70675
that the individual will perform those services in the later of 70676
the seasonal periods. The director shall adopt rules for the 70677
implementation of this division.70678

       (D) Benefits shall not be paid to any individual on the basis 70679
of any services, substantially all of which consist of 70680
participating in sports or athletic events or training or 70681
preparing to so participate, for any week which commences during 70682
the period between two successive sport seasons, or similar 70683
periods, if the individual performed services in the first of the 70684
seasons, or similar periods, and there is a reasonable assurance 70685
that the individual will perform services in the later of the 70686
seasons, or similar periods.70687

       (1)(E) The term "reasonable assurance" as used in this70688
divisionsection means a written, verbal, or implied agreement 70689
that the individual will perform services in the same or similar 70690
capacity during the ensuing sports season or seasonal period.70691

       (2)(F) The director shall adopt rules concerning the 70692
eligibility for benefits of individuals under divisions (C) and 70693
(D) of this divisionsection.70694

       Sec. 4301.12.  The division of liquor control shall provide 70695
for the custody, safekeeping, and deposit of all moneys, checks, 70696
and drafts received by it or any of its employees or agents prior 70697
to paying them to the treasurer of state as provided by section 70698
113.08 of the Revised Code.70699

       A sum equal to three dollars and thirty-eight cents for each 70700
gallon of spirituous liquor sold by the division, JobsOhio, or a 70701
designee of JobsOhio during the period covered by the payment 70702
shall be paid into the state treasury to the credit of the general 70703
revenue fund. All moneys received from permit fees, except B-2a 70704
and S permit fees from B-2a and S permit holders who do not also 70705
hold A-2 permits, shall be paid to the credit of the undivided 70706
liquor permit fund established by section 4301.30 of the Revised 70707
Code.70708

       Except as otherwise provided by law, all moneys collected 70709
under Chapters 4301. and 4303. of the Revised Code shall be paid 70710
by the division into the state treasury to the credit of the 70711
liquor control fund, which is hereby created. In addition, revenue 70712
resulting from any contracts with the department of commerce 70713
pertaining to the responsibilities and operations described in 70714
this chapter may be credited to the fund. Amounts in the liquor 70715
control fund may be used to pay the operating expenses of the 70716
liquor control commission.70717

       Whenever, in the judgment of the director of budget and 70718
management, the amount in the liquor control fund is in excess of 70719
that needed to meet the maturing obligations of the division, as 70720
working capital for its further operations, to pay the operating 70721
expenses of the commission, and for the alcohol testing program 70722
under section 3701.143 of the Revised Code, the director shall 70723
transfer the excess to the credit of the general revenue fund. If 70724
the director determines that the amount in the liquor control fund 70725
is insufficient, the director may transfer money from the general 70726
revenue fund to the liquor control fund.70727

       Sec. 4301.43.  (A) As used in sections 4301.43 to 4301.50 of 70728
the Revised Code:70729

       (1) "Gallon" or "wine gallon" means one hundred twenty-eight 70730
fluid ounces.70731

       (2) "Sale" or "sell" includes exchange, barter, gift, 70732
distribution, and, except with respect to A-4 permit holders, 70733
offer for sale.70734

       (B) For the purposes of providing revenues for the support of 70735
the state and encouraging the grape industries in the state, a tax 70736
is hereby levied on the sale or distribution of wine in Ohio, 70737
except for known sacramental purposes, at the rate of thirty cents 70738
per wine gallon for wine containing not less than four per cent of 70739
alcohol by volume and not more than fourteen per cent of alcohol 70740
by volume, ninety-eight cents per wine gallon for wine containing 70741
more than fourteen per cent but not more than twenty-one per cent 70742
of alcohol by volume, one dollar and eight cents per wine gallon 70743
for vermouth, and one dollar and forty-eight cents per wine gallon 70744
for sparkling and carbonated wine and champagne, the tax to be 70745
paid by the holders of A-2 and B-5 permits or by any other person 70746
selling or distributing wine upon which no tax has been paid. From 70747
the tax paid under this section on wine, vermouth, and sparkling 70748
and carbonated wine and champagne, the treasurer of state shall 70749
credit to the Ohio grape industries fund created under section 70750
924.54 of the Revised Code a sum equal to one cent per gallon for 70751
each gallon upon which the tax is paid.70752

       (C) For the purpose of providing revenues for the support of 70753
the state, there is hereby levied a tax on prepared and bottled 70754
highballs, cocktails, cordials, and other mixed beverages at the 70755
rate of one dollar and twenty cents per wine gallon to be paid by 70756
holders of A-4 permits or by any other person selling or 70757
distributing those products upon which no tax has been paid. Only 70758
one sale of the same article shall be used in computing the amount 70759
of tax due. The tax on mixed beverages to be paid by holders of 70760
A-4 permits under this section shall not attach until the 70761
ownership of the mixed beverage is transferred for valuable 70762
consideration to a wholesaler or retailer, and no payment of the 70763
tax shall be required prior to that time.70764

       (D) During the period of July 1, 20092011, through June 30, 70765
20112013, from the tax paid under this section on wine, vermouth, 70766
and sparkling and carbonated wine and champagne, the treasurer of 70767
state shall credit to the Ohio grape industries fund created under 70768
section 924.54 of the Revised Code a sum equal to two cents per 70769
gallon upon which the tax is paid. The amount credited under this 70770
division is in addition to the amount credited to the Ohio grape 70771
industries fund under division (B) of this section.70772

       (E) For the purpose of providing revenues for the support of 70773
the state, there is hereby levied a tax on cider at the rate of 70774
twenty-four cents per wine gallon to be paid by the holders of A-2 70775
and B-5 permits or by any other person selling or distributing 70776
cider upon which no tax has been paid. Only one sale of the same 70777
article shall be used in computing the amount of the tax due.70778

       Sec. 4301.62.  (A) As used in this section:70779

       (1) "Chauffeured limousine" means a vehicle registered under 70780
section 4503.24 of the Revised Code.70781

       (2) "Street," "highway," and "motor vehicle" have the same 70782
meanings as in section 4511.01 of the Revised Code.70783

       (B) No person shall have in the person's possession an opened 70784
container of beer or intoxicating liquor in any of the following 70785
circumstances:70786

       (1) In a state liquor store;70787

       (2) Except as provided in division (C) of this section, on 70788
the premises of the holder of any permit issued by the division of 70789
liquor control;70790

       (3) In any other public place;70791

       (4) Except as provided in division (D) or (E) of this 70792
section, while operating or being a passenger in or on a motor 70793
vehicle on any street, highway, or other public or private 70794
property open to the public for purposes of vehicular travel or 70795
parking;70796

       (5) Except as provided in division (D) or (E) of this 70797
section, while being in or on a stationary motor vehicle on any 70798
street, highway, or other public or private property open to the 70799
public for purposes of vehicular travel or parking.70800

       (C)(1) A person may have in the person's possession an opened 70801
container of any of the following:70802

       (a) Beer or intoxicating liquor that has been lawfully 70803
purchased for consumption on the premises where bought from the 70804
holder of an A-1-A, A-2, A-3a, D-1, D-2, D-3, D-3a, D-4, D-4a, 70805
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, 70806
D-5k, D-5l, D-5m, D-5n, D-5o, D-7, D-8, E, F, F-2, F-5, F-7, or 70807
F-8 permit;70808

       (b) Beer, wine, or mixed beverages served for consumption on 70809
the premises by the holder of an F-3 permit or wine served for 70810
consumption on the premises by the holder of an F-4 or F-6 permit;70811

       (c) Beer or intoxicating liquor consumed on the premises of a 70812
convention facility as provided in section 4303.201 of the Revised 70813
Code;70814

       (d) Beer or intoxicating liquor to be consumed during 70815
tastings and samplings approved by rule of the liquor control 70816
commission.70817

       (2) A person may have in the person's possession on an F 70818
liquor permit premises an opened container of beer or intoxicating 70819
liquor that was not purchased from the holder of the F permit if 70820
the premises for which the F permit is issued is a music festival 70821
and the holder of the F permit grants permission for that 70822
possession on the premises during the period for which the F 70823
permit is issued. As used in this division, "music festival" means 70824
a series of outdoor live musical performances, extending for a 70825
period of at least three consecutive days and located on an area 70826
of land of at least forty acres.70827

       (3)(a) A person may have in the person's possession on a D-2 70828
liquor permit premises an opened or unopened container of wine 70829
that was not purchased from the holder of the D-2 permit if the 70830
premises for which the D-2 permit is issued is an outdoor 70831
performing arts center, the person is attending an orchestral 70832
performance, and the holder of the D-2 permit grants permission 70833
for the possession and consumption of wine in certain 70834
predesignated areas of the premises during the period for which 70835
the D-2 permit is issued.70836

        (b) As used in division (C)(3)(a) of this section:70837

        (i) "Orchestral performance" means a concert comprised of a 70838
group of not fewer than forty musicians playing various musical 70839
instruments.70840

        (ii) "Outdoor performing arts center" means an outdoor 70841
performing arts center that is located on not less than one 70842
hundred fifty acres of land and that is open for performances from 70843
the first day of April to the last day of October of each year.70844

       (4) A person may have in the person's possession an opened or 70845
unopened container of beer or intoxicating liquor at an outdoor 70846
location at which the person is attending an orchestral 70847
performance as defined in division (C)(3)(b)(i) of this section if 70848
the person with supervision and control over the performance 70849
grants permission for the possession and consumption of beer or 70850
intoxicating liquor in certain predesignated areas of that outdoor 70851
location.70852

       (5) A person may have in the person's possession on an F-9 70853
liquor permit premises an opened or unopened container of beer or 70854
intoxicating liquor that was not purchased from the holder of the 70855
F-9 permit if the person is attending an orchestral performance 70856
and the holder of the F-9 permit grants permission for the 70857
possession and consumption of beer or intoxicating liquor in 70858
certain predesignated areas of the premises during the period for 70859
which the F-9 permit is issued.70860

       As used in division (C)(5) of this section, "orchestral 70861
performance" has the same meaning as in division (C)(3)(b) of this 70862
section.70863

       (D) This section does not apply to a person who pays all or a 70864
portion of the fee imposed for the use of a chauffeured limousine 70865
pursuant to a prearranged contract, or the guest of the person, 70866
when all of the following apply:70867

       (1) The person or guest is a passenger in the limousine.70868

       (2) The person or guest is located in the limousine, but is 70869
not occupying a seat in the front compartment of the limousine 70870
where the operator of the limousine is located.70871

       (3) The limousine is located on any street, highway, or other 70872
public or private property open to the public for purposes of 70873
vehicular travel or parking.70874

       (E) An opened bottle of wine that was purchased from the 70875
holder of a permit that authorizes the sale of wine for 70876
consumption on the premises where sold is not an opened container 70877
for the purposes of this section if both of the following apply:70878

       (1) The opened bottle of wine is securely resealed by the 70879
permit holder or an employee of the permit holder before the 70880
bottle is removed from the premises. The bottle shall be secured 70881
in such a manner that it is visibly apparent if the bottle has 70882
been subsequently opened or tampered with.70883

       (2) The opened bottle of wine that is resealed in accordance 70884
with division (E)(1) of this section is stored in the trunk of a 70885
motor vehicle or, if the motor vehicle does not have a trunk, 70886
behind the last upright seat or in an area not normally occupied 70887
by the driver or passengers and not easily accessible by the 70888
driver.70889

       Sec. 4301.80.  (A) As used in this section, "community 70890
entertainment district" means a bounded area that includes or will 70891
include a combination of entertainment, retail, educational, 70892
sporting, social, cultural, or arts establishments within close 70893
proximity to some or all of the following types of establishments 70894
within the district, or other types of establishments similar to 70895
these:70896

       (1) Hotels;70897

       (2) Restaurants;70898

       (3) Retail sales establishments;70899

       (4) Enclosed shopping centers;70900

       (5) Museums;70901

       (6) Performing arts theaters;70902

       (7) Motion picture theaters;70903

       (8) Night clubs;70904

       (9) Convention facilities;70905

       (10) Sports facilities;70906

       (11) Entertainment facilities or complexes;70907

       (12) Any combination of the establishments described in 70908
division (A)(1) to (11) of this section that provide similar 70909
services to the community.70910

       (B) Any owner of property located in a municipal corporation 70911
seeking to have that property, or that property and other 70912
surrounding property, designated as a community entertainment 70913
district shall file an application seeking this designation with 70914
the mayor of the municipal corporation in which that property is 70915
located. Any owner of property located in the unincorporated area 70916
of a township seeking to have that property, or that property and 70917
other surrounding property, designated as a community 70918
entertainment district shall file an application seeking this 70919
designation with the board of township trustees of the township in 70920
whose unincorporated area that property is located. An application 70921
to designate an area as a community entertainment district shall 70922
contain all of the following:70923

       (1) The applicant's name and address;70924

       (2) A map or survey of the proposed community entertainment 70925
district in sufficient detail to identify the boundaries of the 70926
district and the property owned by the applicant;70927

       (3) A general statement of the nature and types of 70928
establishments described in division (A) of this section that are 70929
or will be located within the proposed community improvement 70930
district and any other establishments located in the proposed 70931
community entertainment district that are not described in 70932
division (A) of this section;70933

       (4) If some or all of the establishments within the proposed 70934
community entertainment district have not yet been developed, the 70935
proposed time frame for completing the development of these 70936
establishments;70937

       (5) Evidence that the uses of land within the proposed 70938
community entertainment district are in accord with the municipal 70939
corporation's or township's master zoning plan or map;70940

       (6) A certificate from a surveyor or engineer licensed under 70941
Chapter 4733. of the Revised Code indicating that the area 70942
encompassed by the proposed community entertainment district 70943
contains no less than twenty contiguous acres;70944

       (7) A handling and processing fee to accompany the 70945
application, payable to the applicable municipal corporation or 70946
township, in an amount determined by that municipal corporation or 70947
township.70948

       (C) An application described in division (B) of this section 70949
relating to an area located in a municipal corporation shall be 70950
addressed and submitted to the mayor of the municipal corporation 70951
in which the area described in the application is located. The 70952
mayor, within thirty days after receiving the application, shall 70953
submit the application with the mayor's recommendation to the 70954
legislative authority of the municipal corporation. An application 70955
described in division (B) of this section relating to an area 70956
located in the unincorporated area of a township shall be 70957
addressed and submitted to the board of township trustees of the 70958
township in whose unincorporated area the area described in the 70959
application is located. The application is a public record for 70960
purposes of section 149.43 of the Revised Code upon its receipt by 70961
the mayor or board of township trustees.70962

       Within thirty days after it receives the application and the 70963
mayor's recommendations relating to the application, the 70964
legislative authority of the municipal corporation, by notice 70965
published once a week for two consecutive weeks in at least one 70966
newspaper of general circulation in the municipal corporation or 70967
as provided in section 7.16 of the Revised Code, shall notify the 70968
public that the application is on file in the office of the clerk 70969
of the municipal corporation and is available for inspection by 70970
the public during regular business hours. Within thirty days after 70971
it receives the application, the board of township trustees, by 70972
notice published once a week for two consecutive weeks in at least70973
one newspaper of general circulation in the township or as 70974
provided in section 7.16 of the Revised Code, shall notify the 70975
public that the application is on file in the office of the 70976
township fiscal officer and is available for inspection by the 70977
public during regular business hours. The notice shall also 70978
indicate the date and time of any public hearing by the 70979
legislative authority or board of township trustees on the 70980
application.70981

       Within seventy-five days after the date the application is 70982
filed with the mayor of a municipal corporation, the legislative 70983
authority of the municipal corporation by ordinance or resolution 70984
shall approve or disapprove the application based on whether the 70985
proposed community entertainment district does or will 70986
substantially contribute to entertainment, retail, educational, 70987
sporting, social, cultural, or arts opportunities for the 70988
community. The community considered shall at a minimum include the 70989
municipal corporation in which the community is located. Any 70990
approval of an application shall be by an affirmative majority 70991
vote of the legislative authority.70992

       Within seventy-five days after the date the application is 70993
filed with a board of township trustees, the board by resolution 70994
shall approve or disapprove the application based on whether the 70995
proposed community entertainment district does or will 70996
substantially contribute to entertainment, retail, educational, 70997
sporting, social, cultural, or arts opportunities for the 70998
community. The community considered shall at a minimum include the 70999
township in which the community is located. Any approval of an 71000
application shall be by an affirmative majority vote of the board 71001
of township trustees.71002

       If the legislative authority or board of township trustees 71003
disapproves the application, the applicant may make changes in the 71004
application to secure its approval by the legislative authority or 71005
board of township trustees. Any area approved by the legislative 71006
authority or board of township trustees constitutes a community 71007
entertainment district, and a local option election may be 71008
conducted in the district, as a type of community facility, under 71009
section 4301.356 of the Revised Code.71010

       (D) All or part of an area designated as a community 71011
entertainment district may lose this designation as provided in 71012
this division. The legislative authority of a municipal 71013
corporation in which a community entertainment district is 71014
located, or the board of township trustees of the township in 71015
whose unincorporated area a community entertainment district is 71016
located, after giving notice of its proposed action by publication 71017
once a week for two consecutive weeks in at least one newspaper of 71018
general circulation in the municipal corporation or township or as 71019
provided in section 7.16 of the Revised Code, may determine by 71020
ordinance or resolution in the case of the legislative authority 71021
of a municipal corporation, or by resolution in the case of a 71022
board of township trustees of a township, that all or part of the 71023
area fails to meet the standards described in this section for 71024
designation of an area as a community entertainment district. If 71025
the legislative authority or board so determines, the area 71026
designated in the ordinance or resolution no longer constitutes a 71027
community entertainment district.71028

       Sec. 4301.81. (A) As used in this section:71029

       (1) "Revitalization district" means a bounded area that 71030
includes or will include a combination of entertainment, retail, 71031
educational, sporting, social, cultural, or arts establishments 71032
within close proximity to some or all of the following types of 71033
establishments within the district, or other types of 71034
establishments similar to these:71035

       (a) Hotels;71036

       (b) Restaurants;71037

       (c) Retail sales establishments;71038

       (d) Enclosed shopping centers;71039

       (e) Museums;71040

       (f) Performing arts theaters;71041

       (g) Motion picture theaters;71042

       (h) Night clubs;71043

       (i) Convention facilities;71044

       (j) Sports facilities;71045

       (k) Entertainment facilities or complexes;71046

       (l) Any combination of the establishments described in 71047
divisions (A)(1)(a) to (k) of this section that provide similar 71048
services to the community.71049

       (2) "Municipal corporation" means a municipal corporation 71050
with a population of less than one hundred thousand.71051

       (3) "Township" means a township with a population in its 71052
unincorporated area of less than one hundred thousand.71053

       (B) Any owner of property located in a municipal corporation 71054
seeking to have that property, or that property and other 71055
surrounding property, designated as a revitalization district 71056
shall file an application seeking this designation with the mayor 71057
of the municipal corporation in which that property is located. 71058
Any owner of property located in the unincorporated area of a 71059
township seeking to have that property, or that property and other 71060
surrounding property, designated as a revitalization district 71061
shall file an application seeking this designation with the board 71062
of township trustees of the township in whose unincorporated area 71063
that property is located. An application to designate an area as a 71064
revitalization district shall contain all of the following:71065

       (1) The applicant's name and address;71066

       (2) A map or survey of the proposed revitalization district 71067
in sufficient detail to identify the boundaries of the district 71068
and the property owned by the applicant;71069

       (3) A general statement of the nature and types of 71070
establishments described in division (A) of this section that are 71071
or will be located within the proposed revitalization district and 71072
any other establishments located in the proposed revitalization 71073
district that are not described in division (A) of this section;71074

       (4) If some or all of the establishments within the proposed 71075
revitalization district have not yet been developed, the proposed 71076
time frame for completing the development of these establishments;71077

       (5) Evidence that the uses of land within the proposed 71078
revitalization district are in accord with the municipal 71079
corporation's or township's master zoning plan or map; and71080

       (6) A handling and processing fee to accompany the 71081
application, payable to the applicable municipal corporation or 71082
township, in an amount determined by that municipal corporation or 71083
township.71084

       (C) An application relating to an area located in a municipal 71085
corporation shall be addressed and submitted to the mayor of the 71086
municipal corporation in which the area described in the 71087
application is located. The mayor, within thirty days after 71088
receiving the application, shall submit the application with the 71089
mayor's recommendation to the legislative authority of the 71090
municipal corporation. An application relating to an area located 71091
in the unincorporated area of a township shall be addressed and 71092
submitted to the board of township trustees of the township in 71093
whose unincorporated area the area described in the application is 71094
located. The application is a public record for purposes of 71095
section 149.43 of the Revised Code upon its receipt by the mayor 71096
or board of township trustees.71097

       Within thirty days after it receives the application and the 71098
mayor's recommendations relating to the application, the 71099
legislative authority of the municipal corporation, by notice 71100
published once a week for two consecutive weeks in at least one 71101
newspaper of general circulation in the municipal corporation or 71102
as provided in section 7.16 of the Revised Code, shall notify the 71103
public that the application is on file in the office of the clerk 71104
of the municipal corporation and is available for inspection by 71105
the public during regular business hours. Within thirty days after 71106
it receives the application, the board of township trustees, by 71107
notice published once a week for two consecutive weeks in at least71108
one newspaper of general circulation in the township or as 71109
provided in section 7.16 of the Revised Code, shall notify the 71110
public that the application is on file in the office of the 71111
township fiscal officer and is available for inspection by the 71112
public during regular business hours. The notice shall also 71113
indicate the date and time of any public hearing by the municipal 71114
legislative authority or board of township trustees on the 71115
application.71116

       Within seventy-five days after the date the application is 71117
filed with the mayor of a municipal corporation, the legislative 71118
authority of the municipal corporation by ordinance or resolution 71119
shall approve or disapprove the application based on whether the 71120
proposed revitalization district does or will substantially 71121
contribute to entertainment, retail, educational, sporting, 71122
social, cultural, or arts opportunities for the community. The 71123
community considered shall at a minimum include the municipal 71124
corporation in which the community is located. Any approval of an 71125
application shall be by an affirmative majority vote of the 71126
legislative authority. Not more than one revitalization district 71127
shall be designated within the municipal corporation.71128

       Within seventy-five days after the date the application is 71129
filed with a board of township trustees, the board by resolution 71130
shall approve or disapprove the application based on whether the 71131
proposed revitalization district does or will substantially 71132
contribute to entertainment, retail, educational, sporting, 71133
social, cultural, or arts opportunities for the community. The 71134
community considered shall at a minimum include the township in 71135
which the community is located. Any approval of an application 71136
shall be by an affirmative majority vote of the board of township 71137
trustees. Not more than one revitalization district shall be 71138
designated within the unincorporated area of the township.71139

       If the municipal legislative authority or board of township 71140
trustees disapproves the application, the applicant may make 71141
changes in the application to secure its approval by the 71142
legislative authority or board of township trustees. Any area 71143
approved by the legislative authority or board of township 71144
trustees constitutes a revitalization district, and a local option 71145
election may be conducted in the district, as a type of community 71146
facility, under section 4301.356 of the Revised Code.71147

       (D) All or part of an area designated as a revitalization 71148
district may lose this designation as provided in this division. 71149
The legislative authority of a municipal corporation in which a 71150
revitalization district is located, or the board of township 71151
trustees of the township in whose unincorporated area a 71152
revitalization district is located, after giving notice of its 71153
proposed action by publication once a week for two consecutive 71154
weeks in at least one newspaper of general circulation in the 71155
municipal corporation or township or as provided in section 7.16 71156
of the Revised Code, may determine by ordinance or resolution in 71157
the case of the legislative authority of a municipal corporation, 71158
or by resolution in the case of a board of township trustees of a 71159
township, that all or part of the area fails to meet the standards 71160
described in this section for designation of an area as a 71161
revitalization district. If the legislative authority or board so 71162
determines, the area designated in the ordinance or resolution no 71163
longer constitutes a revitalization district.71164

       Sec. 4303.02.  Permit A-1 may be issued to a manufacturer to 71165
manufacture beer and sell beer products in bottles or containers 71166
for home use and to retail and wholesale permit holders under 71167
rules promulgatedadopted by the division of liquor control. In 71168
addition, an A-1 permit holder may sell beer and beer products at 71169
retail, by individual drink in a glass or from a container, for 71170
consumption on the premises where sold. The fee for this permit is 71171
three thousand nine hundred six dollars for each plant during the 71172
year covered by the permit.71173

       Sec. 4303.209. (A)(1) The division of liquor control may 71174
issue an F-9 permit to a nonprofit corporation that operates a 71175
park on property leased from a municipal corporation or a 71176
nonprofit corporation that provides or manages entertainment 71177
programming pursuant to an agreement with a nonprofit corporation 71178
that operates a park on property leased from a municipal 71179
corporation to sell beer or intoxicating liquor by the individual 71180
drink at specific events conducted within the park property and 71181
appurtenant streets, but only if, and only at times at which, the 71182
sale of beer and intoxicating liquor on the premises is otherwise 71183
permitted by law. Additionally, an F-9 permit may be issued only 71184
if the park property is located in a county that has a population 71185
of between one million one hundred thousand and one million two 71186
hundred thousand on the effective date of this section.71187

       (2) The division may issue separate F-9 permits to a 71188
nonprofit corporation that operates a park on property leased from 71189
a municipal corporation and a nonprofit corporation that provides 71190
or manages entertainment programming pursuant to an agreement with 71191
a nonprofit corporation that operates a park on property leased 71192
from a municipal corporation to be effective during the same time 71193
period. However, the permit privileges may be exercised by only 71194
one of the holders of an F-9 permit at specific events. The other 71195
holder of an F-9 permit shall certify to the division that it will 71196
not exercise its permit privileges during that specific event.71197

       (3) The premises on which an F-9 permit will be used shall be 71198
clearly defined and sufficiently restricted to allow proper 71199
supervision of the permit's use by state and local law enforcement 71200
officers. Sales under an F-9 permit shall be confined to the same 71201
hours permitted to the holder of a D-3 permit.71202

       (4) The fee for an F-9 permit is one thousand seven hundred 71203
dollars. An F-9 permit is effective for a period not to exceed 71204
nine months as specified in the permit. An F-9 permit is not 71205
transferable or renewable. However, the holder of an F-9 permit 71206
may apply for a new F-9 permit at any time. The holder of an F-9 71207
permit shall make sales only at those specific events about which 71208
the permit holder has notified in advance the division of liquor 71209
control, the department of public safety, and the chief, sheriff, 71210
or other principal peace officer of the local law enforcement 71211
agencies having jurisdiction over the premises.71212

       (B)(1) An application for the issuance of an F-9 permit is 71213
subject to the notice and hearing requirements established in 71214
division (A) of section 4303.26 of the Revised Code.71215

       (2) The liquor control commission shall adopt rules under 71216
Chapter 119. of the Revised Code necessary to administer this 71217
section.71218

       (C) No F-9 permit holder shall sell beer or intoxicating 71219
liquor beyond the hours of sale allowed by the permit. This 71220
division imposes strict liability on the holder of an F-9 permit 71221
and on any officer, agent, or employee of that permit holder.71222

       Sec. 4313.01. As used in this chapter:71223

       (A) "Enterprise acquisition project" means, as applicable, 71224
all or any portion of the capital or other assets of the 71225
spirituous liquor distribution and merchandising operations of the 71226
division of liquor control, including, without limitation, 71227
inventory, real property rights, equipment, furnishings, the 71228
spirituous liquor distribution system including transportation, 71229
the monetary management system, warehouses, contract rights, 71230
rights to take assignment of contracts and related receipts and 71231
revenues, accounts receivable, the exclusive right to manage and 71232
control spirituous liquor distribution and merchandising and to 71233
sell spirituous liquor in the state subject to the control of the 71234
division of liquor control pursuant to the terms of the transfer 71235
agreement, and all necessary appurtenances thereto, or leasehold 71236
interests therein, and the assets and liabilities of the 71237
facilities establishment fund.71238

       (B) "JobsOhio" means the nonprofit corporation formed under 71239
section 187.01 of the Revised Code and includes any subsidiary of 71240
that corporation unless otherwise specified or clearly implied 71241
from the context, together with any successor or assignee of that 71242
corporation or any such subsidiary if and to the extent permitted 71243
by the transfer agreement or Chapter 187. of the Revised Code.71244

       (C) "Spirituous liquor profits" means all receipts 71245
representing the gross profit on the sale of spirituous liquor, as 71246
referred to in division (B)(4) of section 4301.10 of the Revised 71247
Code, less the costs, expenses, and working capital provided for 71248
therein, but excluding the sum required by the second paragraph of 71249
section 4301.12 of the Revised Code, as in effect on May 2, 1980, 71250
to be paid into the state treasury, provided that from and after 71251
the initial transfer of the enterprise acquisition project to 71252
JobsOhio and until the transfer back to the state under division 71253
(D) of section 4313.02 of the Revised Code, the reference in 71254
division (B)(4) of section 4301.10 of the Revised Code to all 71255
costs and expenses of the division and also an adequate working 71256
capital reserve for the division shall be to all costs and 71257
expenses of JobsOhio and providing an adequate working capital 71258
reserve for JobsOhio.71259

       (D) "Transfer" means an assignment and sale, conveyance, 71260
granting of a franchise, lease, or transfer of all or an interest.71261

       (E) "Transfer agreement" means the agreement entered into 71262
between the state and JobsOhio providing for the transfer of the 71263
enterprise acquisition project pursuant to section 4313.02 of the 71264
Revised Code and any amendments or supplements thereto.71265

       Sec. 4313.02. (A) The state may transfer to JobsOhio, and 71266
JobsOhio may accept the transfer of, all or a portion of the 71267
enterprise acquisition project for a transfer price payable by 71268
JobsOhio to the state. Any such transfer shall be treated as an 71269
absolute conveyance and true sale of the interest in the 71270
enterprise acquisition project purported to be conveyed for all 71271
purposes, and not as a pledge or other security interest. The 71272
characterization of any such transfer as a true sale and absolute 71273
conveyance shall not be negated or adversely affected by the 71274
acquisition or retention by the state of a residual interest in 71275
the enterprise acquisition project, the participation of any state 71276
officer or employee as a member or officer of, or provision of 71277
staff support to, JobsOhio, any responsibility an officer or 71278
employee of the state may have to collect amounts to be received 71279
by JobsOhio from the enterprise acquisition project, or the 71280
retention of the state of any legal title to or interest in any 71281
portion of the enterprise acquisition project for the purpose of 71282
these collection activities, or any characterization of JobsOhio 71283
or obligations of JobsOhio under accounting, taxation, or 71284
securities regulations, or any other reason whatsoever. An 71285
absolute conveyance and true sale or lease shall exist under this 71286
section regardless of whether JobsOhio has any recourse against 71287
the state or the treatment or characterization of the transfer as 71288
a financing for any purpose. Upon and following the transfer, the 71289
state shall not have any right, title, or interest in the 71290
enterprise acquisition project so transferred other than any 71291
residual interest that may be described in the transfer agreement 71292
pursuant to the following paragraph and division (D) of this 71293
section. Any determination of the fair market value of the 71294
enterprise acquisition project reflected in the transfer agreement 71295
shall be conclusive and binding on the state and JobsOhio.71296

       Any transfer of the enterprise acquisition project that is a 71297
lease or grant of a franchise shall be for a term not to exceed 71298
twenty-five years. Any transfer of the enterprise acquisition 71299
project that is an assignment and sale, conveyance, or other 71300
transfer shall contain a provision that the state shall have the 71301
option to have conveyed or transferred back to it, at no cost, the 71302
enterprise acquisition project, as it then exists, no later than 71303
twenty-five years after the original transfer authorized in the 71304
transfer agreement on such other terms as shall be provided in the 71305
transfer agreement.71306

       The exercise of the powers granted by this section will be 71307
for the benefit of the people of the state. As the services 71308
performed by JobsOhio will constitute the performance of essential 71309
government functions, all or any portion of the enterprise 71310
acquisition project transferred pursuant to the transfer agreement 71311
that would be exempt from real property taxes or assessments or 71312
real property taxes or assessments in the absence of such transfer 71313
shall, as it may from time to time exist thereafter, remain exempt 71314
from real property taxes or assessments levied by the state and 71315
its subdivisions to the same extent as if not transferred. The 71316
gross receipts and income of JobsOhio derived from the enterprise 71317
acquisition project shall be exempt from taxation levied by the 71318
state and its subdivisions, including, but not limited to, the 71319
taxes levied pursuant to Chapters 718., 5739., 5741., 5747., and 71320
5751. of the Revised Code. Any transfer from the state to JobsOhio 71321
of the enterprise acquisition project, or item included or to be 71322
included in the project, shall be exempt from the taxes levied 71323
pursuant to Chapters 5739. and 5741. of the Revised Code.71324

       (B) The proceeds of any transfer under division (A) of this 71325
section may be expended as provided in the transfer agreement for 71326
any one or more of the following purposes:71327

       (1) Funding, payment, or defeasance of outstanding bonds 71328
issued pursuant to Chapters 151. and 166. of the Revised Code and 71329
secured by pledged liquor profits as defined in section 151.40 of 71330
the Revised Code;71331

       (2) Deposit into the general revenue fund;71332

       (3) Deposit into the clean Ohio revitalization fund created 71333
pursuant to section 122.658 of the Revised Code, the innovation 71334
Ohio loan fund created pursuant to section 166.16 of the Revised 71335
Code, the research and development loan fund created pursuant to 71336
section 166.20 of the Revised Code, the logistics and distribution 71337
infrastructure fund created pursuant to section 166.26 of the 71338
Revised Code, the advanced energy research and development fund 71339
created pursuant to section 3706.27 of the Revised Code, and the 71340
advanced energy research and development taxable fund created 71341
pursuant to section 3706.27 of the Revised Code;71342

       (4) Conveyance to JobsOhio for the purposes for which it was 71343
created.71344

       (C)(1) The state may covenant, pledge, and agree in the 71345
transfer agreement, with and for the benefit of JobsOhio, that it 71346
shall maintain statutory authority for the enterprise acquisition 71347
project and the revenues of the enterprise acquisition project and 71348
not otherwise materially impair any obligations supported by a 71349
pledge of revenues of the enterprise acquisition project. The 71350
transfer agreement may provide or authorize the manner for 71351
determining material impairment of the security for any such 71352
outstanding obligations, including by assessing and evaluating the 71353
revenues of the enterprise acquisition project.71354

       (2) The governor, director of development, director of 71355
commerce, and director of budget and management may, without need 71356
for any other approval take any action and execute any documents, 71357
including any transfer agreements, necessary to effect the 71358
transfer and the acceptance of the transfer of the enterprise 71359
acquisition project. The director of budget and management, 71360
director of commerce, and director of development may also, 71361
without need for any other approval, retain or contract for the 71362
services of commercial appraisers, underwriters, investment 71363
bankers, and financial advisers, as are necessary in their 71364
judgment to effect the transfer agreement. Any transfer agreement 71365
may contain terms and conditions established by the state to carry 71366
out and effectuate the purposes of this section, including, 71367
without limitation, covenants binding the state in favor of 71368
JobsOhio. Any such transfer agreement shall be sufficient to 71369
effectuate the transfer without regard to any other laws governing 71370
other property sales or financial transactions by the state. The 71371
director of budget and management may create any funds or 71372
accounts, within or without the state treasury, as are needed for 71373
the transactions and activities authorized by this section.71374

       (3) The transfer agreement may authorize JobsOhio to sell, 71375
lease, release, or otherwise dispose of real and personal property 71376
or interests therein, or a combination thereof, acquired by 71377
JobsOhio under this section and no longer needed for the purposes 71378
of this chapter, the enterprise acquisition project, or JobsOhio, 71379
and to grant such easements and other interests and rights in, 71380
over, under, or across all or a portion of the enterprise 71381
acquisition project as will not interfere with its use of such 71382
property. Such sale, lease, release, disposition, or grant may be 71383
made without competitive bidding and in such manner and for such 71384
consideration as JobsOhio in its judgment deems appropriate. 71385
Subject to the provisions of the first sentence of this paragraph, 71386
ownership of the interest in the enterprise acquisition project 71387
that is transferred to JobsOhio under this section and the 71388
transfer agreement shall be maintained in JobsOhio or a nonprofit 71389
entity the sole member of which is JobsOhio until the enterprise 71390
acquisition project is transferred back to the state pursuant to 71391
the second paragraph of division (A) and division (D) of this 71392
section.71393

       (D) The transfer agreement may authorize JobsOhio to fix, 71394
alter, and collect rentals and other charges for the use and 71395
occupancy of all or any portion of the enterprise acquisition 71396
project and to lease any portion of the enterprise acquisition 71397
project to others, and shall include a contract with, or the 71398
granting of an option to, the state to have the enterprise 71399
acquisition project, as it then exists, transferred back to it 71400
without charge in accordance with the terms of the transfer 71401
agreement after retirement or redemption, or provision therefor, 71402
of all obligations supported by a pledge of spirituous liquor 71403
profits.71404

       (E) JobsOhio, the director of budget and management, the 71405
director of commerce, and the director of development may also, 71406
without need for any other approval, enter into a contract, which 71407
may be part of the transfer agreement, for the continuing 71408
operation by the division of liquor control of spirituous liquor 71409
distribution and merchandising subject to standards for 71410
performance provided in that contract that may relate to or 71411
support division (C)(1) of this section. The contract may 71412
establish other terms and conditions for the assignment of duties 71413
to, and the provision of advice, services, and other assistance 71414
by, the division of liquor control, including providing for the 71415
necessary staffing and payment by JobsOhio of appropriate 71416
compensation to the division for the performance of such duties 71417
and the provision of such advice, services, and other assistance. 71418
The provisions of, and activities under, any such contract are 71419
subject to the requirements of, and limitations established under, 71420
divisions (A)(1), (3), and (5) and (B)(4) of section 4301.10 and 71421
section 4301.17 of the Revised Code.71422

       (F) The transfer agreement shall require JobsOhio to pay for 71423
the operations of the division of liquor control with regard to 71424
the spirituous liquor merchandising operations of the division. 71425
The payments from JobsOhio shall be deposited into the state 71426
treasury to the credit of the liquor control fund created in 71427
section 4301.12 of the Revised Code.71428

       Sec. 4503.06.  (A) The owner of each manufactured or mobile 71429
home that has acquired situs in this state shall pay either a real 71430
property tax pursuant to Title LVII of the Revised Code or a 71431
manufactured home tax pursuant to division (C) of this section.71432

       (B) The owner of a manufactured or mobile home shall pay real 71433
property taxes if either of the following applies:71434

       (1) The manufactured or mobile home acquired situs in the 71435
state or ownership in the home was transferred on or after January 71436
1, 2000, and all of the following apply:71437

       (a) The home is affixed to a permanent foundation as defined 71438
in division (C)(5) of section 3781.06 of the Revised Code.71439

       (b) The home is located on land that is owned by the owner of 71440
the home.71441

       (c) The certificate of title has been inactivated by the 71442
clerk of the court of common pleas that issued it, pursuant to 71443
division (H) of section 4505.11 of the Revised Code.71444

       (2) The manufactured or mobile home acquired situs in the 71445
state or ownership in the home was transferred before January 1, 71446
2000, and all of the following apply:71447

       (a) The home is affixed to a permanent foundation as defined 71448
in division (C)(5) of section 3781.06 of the Revised Code.71449

       (b) The home is located on land that is owned by the owner of 71450
the home.71451

       (c) The owner of the home has elected to have the home taxed 71452
as real property and, pursuant to section 4505.11 of the Revised 71453
Code, has surrendered the certificate of title to the auditor of 71454
the county containing the taxing district in which the home has 71455
its situs, together with proof that all taxes have been paid.71456

       (d) The county auditor has placed the home on the real 71457
property tax list and delivered the certificate of title to the 71458
clerk of the court of common pleas that issued it and the clerk 71459
has inactivated the certificate.71460

       (C)(1) Any mobile or manufactured home that is not taxed as 71461
real property as provided in division (B) of this section is 71462
subject to an annual manufactured home tax, payable by the owner, 71463
for locating the home in this state. The tax as levied in this 71464
section is for the purpose of supplementing the general revenue 71465
funds of the local subdivisions in which the home has its situs 71466
pursuant to this section.71467

       (2) The year for which the manufactured home tax is levied 71468
commences on the first day of January and ends on the following 71469
thirty-first day of December. The state shall have the first lien 71470
on any manufactured or mobile home on the list for the amount of 71471
taxes, penalties, and interest charged against the owner of the 71472
home under this section. The lien of the state for the tax for a 71473
year shall attach on the first day of January to a home that has 71474
acquired situs on that date. The lien for a home that has not 71475
acquired situs on the first day of January, but that acquires 71476
situs during the year, shall attach on the next first day of 71477
January. The lien shall continue until the tax, including any 71478
penalty or interest, is paid.71479

       (3)(a) The situs of a manufactured or mobile home located in 71480
this state on the first day of January is the local taxing 71481
district in which the home is located on that date.71482

       (b) The situs of a manufactured or mobile home not located in 71483
this state on the first day of January, but located in this state 71484
subsequent to that date, is the local taxing district in which the 71485
home is located thirty days after it is acquired or first enters 71486
this state.71487

       (4) The tax is collected by and paid to the county treasurer 71488
of the county containing the taxing district in which the home has 71489
its situs.71490

       (D) The manufactured home tax shall be computed and assessed 71491
by the county auditor of the county containing the taxing district 71492
in which the home has its situs as follows:71493

       (1) On a home that acquired situs in this state prior to 71494
January 1, 2000:71495

       (a) By multiplying the assessable value of the home by the 71496
tax rate of the taxing district in which the home has its situs, 71497
and deducting from the product thus obtained any reduction 71498
authorized under section 4503.065 of the Revised Code. The tax 71499
levied under this formula shall not be less than thirty-six 71500
dollars, unless the home qualifies for a reduction in assessable 71501
value under section 4503.065 of the Revised Code, in which case 71502
there shall be no minimum tax and the tax shall be the amount 71503
calculated under this division.71504

       (b) The assessable value of the home shall be forty per cent 71505
of the amount arrived at by the following computation:71506

       (i) If the cost to the owner, or market value at time of 71507
purchase, whichever is greater, of the home includes the 71508
furnishings and equipment, such cost or market value shall be 71509
multiplied according to the following schedule:71510

For the first calendar year 71511
in which the 71512
home is owned by the 71513
current owner x 80% 71514
2nd calendar year x 75% 71515
3rd " x 70% 71516
4th " x 65% 71517
5th " x 60% 71518
6th " x 55% 71519
7th " x 50% 71520
8th " x 45% 71521
9th " x 40% 71522
10th and each year thereafter x 35% 71523

       The first calendar year means any period between the first 71524
day of January and the thirty-first day of December of the first 71525
year.71526

       (ii) If the cost to the owner, or market value at the time of 71527
purchase, whichever is greater, of the home does not include the 71528
furnishings and equipment, such cost or market value shall be 71529
multiplied according to the following schedule:71530

For the first calendar year 71531
in which the 71532
home is owned by the 71533
current owner x 95% 71534
2nd calendar year x 90% 71535
3rd " x 85% 71536
4th " x 80% 71537
5th " x 75% 71538
6th " x 70% 71539
7th " x 65% 71540
8th " x 60% 71541
9th " x 55% 71542
10th and each year thereafter x 50% 71543

       The first calendar year means any period between the first 71544
day of January and the thirty-first day of December of the first 71545
year.71546

       (2) On a home in which ownership was transferred or that 71547
first acquired situs in this state on or after January 1, 2000:71548

       (a) By multiplying the assessable value of the home by the 71549
effective tax rate, as defined in section 323.08 of the Revised 71550
Code, for residential real property of the taxing district in 71551
which the home has its situs, and deducting from the product thus 71552
obtained the reductions required or authorized under section 71553
319.302, division (B) of section 323.152, or section 4503.065 of 71554
the Revised Code.71555

       (b) The assessable value of the home shall be thirty-five per 71556
cent of its true value as determined under division (L) of this 71557
section.71558

       (3) On or before the fifteenth day of January each year, the 71559
county auditor shall record the assessable value and the amount of 71560
tax on the manufactured or mobile home on the tax list and deliver 71561
a duplicate of the list to the county treasurer. In the case of an 71562
emergency as defined in section 323.17 of the Revised Code, the 71563
tax commissioner, by journal entry, may extend the times for 71564
delivery of the duplicate for an additional fifteen days upon 71565
receiving a written application from the county auditor regarding 71566
an extension for the delivery of the duplicate, or from the county 71567
treasurer regarding an extension of the time for the billing and 71568
collection of taxes. The application shall contain a statement 71569
describing the emergency that will cause the unavoidable delay and 71570
must be received by the tax commissioner on or before the last day 71571
of the month preceding the day delivery of the duplicate is 71572
otherwise required. When an extension is granted for delivery of 71573
the duplicate, the time period for payment of taxes shall be 71574
extended for a like period of time. When a delay in the closing of 71575
a tax collection period becomes unavoidable, the tax commissioner, 71576
upon application by the county auditor and county treasurer, may 71577
order the time for payment of taxes to be extended if the tax 71578
commissioner determines that penalties have accrued or would 71579
otherwise accrue for reasons beyond the control of the taxpayers 71580
of the county. The order shall prescribe the final extended date 71581
for payment of taxes for that collection period.71582

       (4) After January 1, 1999, the owner of a manufactured or 71583
mobile home taxed pursuant to division (D)(1) of this section may 71584
elect to have the home taxed pursuant to division (D)(2) of this 71585
section by filing a written request with the county auditor of the 71586
taxing district in which the home is located on or before the 71587
first day of December of any year. Upon the filing of the request, 71588
the county auditor shall determine whether all taxes levied under 71589
division (D)(1) of this section have been paid, and if those taxes 71590
have been paid, the county auditor shall tax the manufactured or 71591
mobile home pursuant to division (D)(2) of this section commencing 71592
in the next tax year.71593

       (5) A manufactured or mobile home that acquired situs in this 71594
state prior to January 1, 2000, shall be taxed pursuant to 71595
division (D)(2) of this section if no manufactured home tax had 71596
been paid for the home and the home was not exempted from taxation 71597
pursuant to division (E) of this section for the year for which 71598
the taxes were not paid.71599

       (6)(a) Immediately upon receipt of any manufactured home tax 71600
duplicate from the county auditor, but not less than twenty days 71601
prior to the last date on which the first one-half taxes may be 71602
paid without penalty as prescribed in division (F) of this 71603
section, the county treasurer shall cause to be prepared and 71604
mailed or delivered to each person charged on that duplicate with 71605
taxes, or to an agent designated by such person, the tax bill 71606
prescribed by the tax commissioner under division (D)(7) of this 71607
section. When taxes are paid by installments, the county treasurer 71608
shall mail or deliver to each person charged on such duplicate or 71609
the agent designated by that person a second tax bill showing the 71610
amount due at the time of the second tax collection. The second 71611
half tax bill shall be mailed or delivered at least twenty days 71612
prior to the close of the second half tax collection period. A 71613
change in the mailing address of any tax bill shall be made in 71614
writing to the county treasurer. Failure to receive a bill 71615
required by this section does not excuse failure or delay to pay 71616
any taxes shown on the bill or, except as provided in division 71617
(B)(1) of section 5715.39 of the Revised Code, avoid any penalty, 71618
interest, or charge for such delay.71619

       (b) After delivery of the copy of the delinquent manufactured 71620
home tax list under division (H) of this section, the county 71621
treasurer may prepare and mail to each person in whose name a home 71622
is listed an additional tax bill showing the total amount of 71623
delinquent taxes charged against the home as shown on the list. 71624
The tax bill shall include a notice that the interest charge 71625
prescribed by division (G) of this section has begun to accrue.71626

       (7) Each tax bill prepared and mailed or delivered under 71627
division (D)(6) of this section shall be in the form and contain 71628
the information required by the tax commissioner. The commissioner 71629
may prescribe different forms for each county and may authorize 71630
the county auditor to make up tax bills and tax receipts to be 71631
used by the county treasurer. The tax bill shall not contain or be 71632
mailed or delivered with any information or material that is not 71633
required by this section or that is not authorized by section 71634
321.45 of the Revised Code or by the tax commissioner. In addition 71635
to the information required by the commissioner, each tax bill 71636
shall contain the following information:71637

       (a) The taxes levied and the taxes charged and payable 71638
against the manufactured or mobile home;71639

       (b) The following notice: "Notice: If the taxes are not paid 71640
within sixty days after the county auditor delivers the delinquent 71641
manufactured home tax list to the county treasurer, you and your 71642
home may be subject to collection proceedings for tax 71643
delinquency." Failure to provide such notice has no effect upon 71644
the validity of any tax judgment to which a home may be subjected.71645

       (c) In the case of manufactured or mobile homes taxed under 71646
division (D)(2) of this section, the following additional 71647
information:71648

       (i) The effective tax rate. The words "effective tax rate" 71649
shall appear in boldface type.71650

       (ii) The following notice: "Notice: If the taxes charged 71651
against this home have been reduced by the 2-1/2 per cent tax 71652
reduction for residences occupied by the owner but the home is not 71653
a residence occupied by the owner, the owner must notify the 71654
county auditor's office not later than March 31 of the year for 71655
which the taxes are due. Failure to do so may result in the owner 71656
being convicted of a fourth degree misdemeanor, which is 71657
punishable by imprisonment up to 30 days, a fine up to $250, or 71658
both, and in the owner having to repay the amount by which the 71659
taxes were erroneously or illegally reduced, plus any interest 71660
that may apply.71661

       If the taxes charged against this home have not been reduced 71662
by the 2-1/2 per cent tax reduction and the home is a residence 71663
occupied by the owner, the home may qualify for the tax reduction. 71664
To obtain an application for the tax reduction or further 71665
information, the owner may contact the county auditor's office at 71666
.......... (insert the address and telephone number of the county 71667
auditor's office)."71668

       (E)(1) A manufactured or mobile home is not subject to this 71669
section when any of the following applies:71670

       (a) It is taxable as personal property pursuant to section 71671
5709.01 of the Revised Code. Any manufactured or mobile home that 71672
is used as a residence shall be subject to this section and shall 71673
not be taxable as personal property pursuant to section 5709.01 of 71674
the Revised Code.71675

       (b) It bears a license plate issued by any state other than 71676
this state unless the home is in this state in excess of an 71677
accumulative period of thirty days in any calendar year.71678

       (c) The annual tax has been paid on the home in this state 71679
for the current year.71680

       (d) The tax commissioner has determined, pursuant to section 71681
5715.27 of the Revised Code, that the property is exempt from 71682
taxation, or would be exempt from taxation under Chapter 5709. of 71683
the Revised Code if it were classified as real property.71684

       (2) A travel trailer or park trailer, as these terms are 71685
defined in section 4501.01 of the Revised Code, is not subject to 71686
this section if it is unused or unoccupied and stored at the 71687
owner's normal place of residence or at a recognized storage 71688
facility.71689

       (3) A travel trailer or park trailer, as these terms are 71690
defined in section 4501.01 of the Revised Code, is subject to this 71691
section and shall be taxed as a manufactured or mobile home if it 71692
has a situs longer than thirty days in one location and is 71693
connected to existing utilities, unless either of the following 71694
applies:71695

       (a) The situs is in a state facility or a camping or park 71696
area as defined in division (C), (Q), (S), or (V) of section 71697
3729.01 of the Revised Code.71698

       (b) The situs is in a camping or park area that is a tract of 71699
land that has been limited to recreational use by deed or zoning 71700
restrictions and subdivided for sale of five or more individual 71701
lots for the express or implied purpose of occupancy by either 71702
self-contained recreational vehicles as defined in division (T) of 71703
section 3729.01 of the Revised Code or by dependent recreational 71704
vehicles as defined in division (D) of section 3729.01 of the 71705
Revised Code.71706

       (F) Except as provided in division (D)(3) of this section, 71707
the manufactured home tax is due and payable as follows:71708

       (1) When a manufactured or mobile home has a situs in this 71709
state, as provided in this section, on the first day of January, 71710
one-half of the amount of the tax is due and payable on or before 71711
the first day of March and the balance is due and payable on or 71712
before the thirty-first day of July. At the option of the owner of 71713
the home, the tax for the entire year may be paid in full on the 71714
first day of March.71715

       (2) When a manufactured or mobile home first acquires a situs 71716
in this state after the first day of January, no tax is due and 71717
payable for that year.71718

       (G)(1)(a) Except as otherwise provided in division (G)(1)(b) 71719
of this section, if one-half of the current taxes charged under 71720
this section against a manufactured or mobile home, together with 71721
the full amount of any delinquent taxes, are not paid on or before 71722
the first day of March in that year, or on or before the last day 71723
for such payment as extended pursuant to section 4503.063 of the 71724
Revised Code, a penalty of ten per cent shall be charged against 71725
the unpaid balance of such half of the current taxes. If the total 71726
amount of all such taxes is not paid on or before the thirty-first 71727
day of July, next thereafter, or on or before the last day for 71728
payment as extended pursuant to section 4503.063 of the Revised 71729
Code, a like penalty shall be charged on the balance of the total 71730
amount of the unpaid current taxes.71731

       (b) After a valid delinquent tax contract that includes 71732
unpaid current taxes from a first-half collection period described 71733
in division (F) of this section has been entered into under 71734
section 323.31 of the Revised Code, no ten per cent penalty shall 71735
be charged against such taxes after the second-half collection 71736
period while the delinquent tax contract remains in effect. On the 71737
day a delinquent tax contract becomes void, the ten per cent 71738
penalty shall be charged against such taxes and shall equal the 71739
amount of penalty that would have been charged against unpaid 71740
current taxes outstanding on the date on which the second-half 71741
penalty would have been charged thereon under division (G)(1)(a) 71742
of this section if the contract had not been in effect.71743

       (2)(a) On the first day of the month following the last day 71744
the second installment of taxes may be paid without penalty 71745
beginning in 2000, interest shall be charged against and computed 71746
on all delinquent taxes other than the current taxes that became 71747
delinquent taxes at the close of the last day such second 71748
installment could be paid without penalty. The charge shall be for 71749
interest that accrued during the period that began on the 71750
preceding first day of December and ended on the last day of the 71751
month that included the last date such second installment could be 71752
paid without penalty. The interest shall be computed at the rate 71753
per annum prescribed by section 5703.47 of the Revised Code and 71754
shall be entered as a separate item on the delinquent manufactured 71755
home tax list compiled under division (H) of this section.71756

       (b) On the first day of December beginning in 2000, the 71757
interest shall be charged against and computed on all delinquent 71758
taxes. The charge shall be for interest that accrued during the 71759
period that began on the first day of the month following the last 71760
date prescribed for the payment of the second installment of taxes 71761
in the current year and ended on the immediately preceding last 71762
day of November. The interest shall be computed at the rate per 71763
annum prescribed by section 5703.47 of the Revised Code and shall 71764
be entered as a separate item on the delinquent manufactured home 71765
tax list.71766

       (c) After a valid undertaking has been entered into for the 71767
payment of any delinquent taxes, no interest shall be charged 71768
against such delinquent taxes while the undertaking remains in 71769
effect in compliance with section 323.31 of the Revised Code. If a 71770
valid undertaking becomes void, interest shall be charged against 71771
the delinquent taxes for the periods that interest was not 71772
permitted to be charged while the undertaking was in effect. The 71773
interest shall be charged on the day the undertaking becomes void 71774
and shall equal the amount of interest that would have been 71775
charged against the unpaid delinquent taxes outstanding on the 71776
dates on which interest would have been charged thereon under 71777
divisions (G)(1) and (2) of this section had the undertaking not 71778
been in effect.71779

       (3) If the full amount of the taxes due at either of the 71780
times prescribed by division (F) of this section is paid within 71781
ten days after such time, the county treasurer shall waive the 71782
collection of and the county auditor shall remit one-half of the 71783
penalty provided for in this division for failure to make that 71784
payment by the prescribed time.71785

       (4) The treasurer shall compile and deliver to the county 71786
auditor a list of all tax payments the treasurer has received as 71787
provided in division (G)(3) of this section. The list shall 71788
include any information required by the auditor for the remission 71789
of the penalties waived by the treasurer. The taxes so collected 71790
shall be included in the settlement next succeeding the settlement 71791
then in process.71792

       (H)(1) Beginning in 2000, theThe county auditor shall 71793
compile annually a "delinquent manufactured home tax list" 71794
consisting of homes the county treasurer's records indicate have 71795
taxes that were not paid within the time prescribed by divisions 71796
(D)(3) and (F) of this section, have taxes that remain unpaid from 71797
prior years, or have unpaid tax penalties or interest that have 71798
been assessed.71799

       (2) Within thirty days after the settlement under division 71800
(H)(2) of section 321.24 of the Revised Code beginning in 2000, 71801
the county auditor shall deliver a copy of the delinquent 71802
manufactured home tax list to the county treasurer. The auditor 71803
shall update and publish the delinquent manufactured home tax list 71804
annually in the same manner as delinquent real property tax lists 71805
are published. The county auditor shallmay apportion the cost of 71806
publishing the list among taxing districts in proportion to the 71807
amount of delinquent manufactured home taxes so published that 71808
each taxing district is entitled to receive upon collection of 71809
those taxes, or the county auditor may charge the owner of a home 71810
on the list a flat fee established under section 319.54 of the 71811
Revised Code for the cost of publishing the list and, if the fee 71812
is not paid, may place the fee upon the delinquent manufactured 71813
home tax list as a lien on the listed home, to be collected as 71814
other manufactured home taxes.71815

       (3) When taxes, penalties, or interest are charged against a 71816
person on the delinquent manufactured home tax list and are not 71817
paid within sixty days after the list is delivered to the county 71818
treasurer, the county treasurer shall, in addition to any other 71819
remedy provided by law for the collection of taxes, penalties, and 71820
interest, enforce collection of such taxes, penalties, and 71821
interest by civil action in the name of the treasurer against the 71822
owner for the recovery of the unpaid taxes following the 71823
procedures for the recovery of delinquent real property taxes in 71824
sections 323.25 to 323.28 of the Revised Code. The action may be 71825
brought in municipal or county court, provided the amount charged 71826
does not exceed the monetary limitations for original jurisdiction 71827
for civil actions in those courts.71828

       It is sufficient, having made proper parties to the suit, for 71829
the county treasurer to allege in the treasurer's bill of 71830
particulars or petition that the taxes stand chargeable on the 71831
books of the county treasurer against such person, that they are 71832
due and unpaid, and that such person is indebted in the amount of 71833
taxes appearing to be due the county. The treasurer need not set 71834
forth any other matter relating thereto. If it is found on the 71835
trial of the action that the person is indebted to the state, 71836
judgment shall be rendered in favor of the county treasurer 71837
prosecuting the action. The judgment debtor is not entitled to the 71838
benefit of any law for stay of execution or exemption of property 71839
from levy or sale on execution in the enforcement of the judgment.71840

       Upon the filing of an entry of confirmation of sale or an 71841
order of forfeiture in a proceeding brought under this division, 71842
title to the manufactured or mobile home shall be in the 71843
purchaser. The clerk of courts shall issue a certificate of title 71844
to the purchaser upon presentation of proof of filing of the entry 71845
of confirmation or order and, in the case of a forfeiture, 71846
presentation of the county auditor's certificate of sale.71847

       (I) The total amount of taxes collected shall be distributed 71848
in the following manner: four per cent shall be allowed as 71849
compensation to the county auditor for the county auditor's 71850
service in assessing the taxes; two per cent shall be allowed as 71851
compensation to the county treasurer for the services the county 71852
treasurer renders as a result of the tax levied by this section. 71853
Such amounts shall be paid into the county treasury, to the credit 71854
of the county general revenue fund, on the warrant of the county 71855
auditor. Fees to be paid to the credit of the real estate 71856
assessment fund shall be collected pursuant to division (C) of 71857
section 319.54 of the Revised Code and paid into the county 71858
treasury, on the warrant of the county auditor. The balance of the 71859
taxes collected shall be distributed among the taxing subdivisions 71860
of the county in which the taxes are collected and paid in the 71861
same ratio as those taxes were collected for the benefit of the 71862
taxing subdivision. The taxes levied and revenues collected under 71863
this section shall be in lieu of any general property tax and any 71864
tax levied with respect to the privilege of using or occupying a 71865
manufactured or mobile home in this state except as provided in 71866
sections 4503.04 and 5741.02 of the Revised Code.71867

       (J) An agreement to purchase or a bill of sale for a 71868
manufactured home shall show whether or not the furnishings and 71869
equipment are included in the purchase price.71870

       (K) If the county treasurer and the county prosecuting 71871
attorney agree that an item charged on the delinquent manufactured 71872
home tax list is uncollectible, they shall certify that 71873
determination and the reasons to the county board of revision. If 71874
the board determines the amount is uncollectible, it shall certify 71875
its determination to the county auditor, who shall strike the item 71876
from the list.71877

       (L)(1) The county auditor shall appraise at its true value 71878
any manufactured or mobile home in which ownership is transferred 71879
or which first acquires situs in this state on or after January 1, 71880
2000, and any manufactured or mobile home the owner of which has 71881
elected, under division (D)(4) of this section, to have the home 71882
taxed under division (D)(2) of this section. The true value shall 71883
include the value of the home, any additions, and any fixtures, 71884
but not any furnishings in the home. In determining the true value 71885
of a manufactured or mobile home, the auditor shall consider all 71886
facts and circumstances relating to the value of the home, 71887
including its age, its capacity to function as a residence, any 71888
obsolete characteristics, and other factors that may tend to prove 71889
its true value.71890

       (2)(a) If a manufactured or mobile home has been the subject 71891
of an arm's length sale between a willing seller and a willing 71892
buyer within a reasonable length of time prior to the 71893
determination of true value, the county auditor shall consider the 71894
sale price of the home to be the true value for taxation purposes.71895

       (b) The sale price in an arm's length transaction between a 71896
willing seller and a willing buyer shall not be considered the 71897
true value of the home if either of the following occurred after 71898
the sale:71899

       (i) The home has lost value due to a casualty.71900

       (ii) An addition or fixture has been added to the home.71901

       (3) The county auditor shall have each home viewed and 71902
appraised at least once in each six-year period in the same year 71903
in which real property in the county is appraised pursuant to 71904
Chapter 5713. of the Revised Code, and shall update the appraised 71905
values in the third calendar year following the appraisal. The 71906
person viewing or appraising a home may enter the home to 71907
determine by actual view any additions or fixtures that have been 71908
added since the last appraisal. In conducting the appraisals and 71909
establishing the true value, the auditor shall follow the 71910
procedures set forth for appraising real property in sections 71911
5713.01 and 5713.03 of the Revised Code.71912

       (4) The county auditor shall place the true value of each 71913
home on the manufactured home tax list upon completion of an 71914
appraisal.71915

       (5)(a) If the county auditor changes the true value of a 71916
home, the auditor shall notify the owner of the home in writing, 71917
delivered by mail or in person. The notice shall be given at least 71918
thirty days prior to the issuance of any tax bill that reflects 71919
the change. Failure to receive the notice does not invalidate any 71920
proceeding under this section.71921

       (b) Any owner of a home or any other person or party listed 71922
in division (A)(1) of section 5715.19 of the Revised Code may file 71923
a complaint against the true value of the home as appraised under 71924
this section. The complaint shall be filed with the county auditor 71925
on or before the thirty-first day of March of the current tax year 71926
or the date of closing of the collection for the first half of 71927
manufactured home taxes for the current tax year, whichever is 71928
later. The auditor shall present to the county board of revision 71929
all complaints filed with the auditor under this section. The 71930
board shall hear and investigate the complaint and may take action 71931
on it as provided under sections 5715.11 to 5715.19 of the Revised 71932
Code.71933

       (c) If the county board of revision determines, pursuant to a 71934
complaint against the valuation of a manufactured or mobile home 71935
filed under this section, that the amount of taxes, assessments, 71936
or other charges paid was in excess of the amount due based on the 71937
valuation as finally determined, then the overpayment shall be 71938
refunded in the manner prescribed in section 5715.22 of the 71939
Revised Code.71940

       (d) Payment of all or part of a tax under this section for 71941
any year for which a complaint is pending before the county board 71942
of revision does not abate the complaint or in any way affect the 71943
hearing and determination thereof.71944

       (M) If the county auditor determines that any tax or other 71945
charge or any part thereof has been erroneously charged as a 71946
result of a clerical error as defined in section 319.35 of the 71947
Revised Code, the county auditor shall call the attention of the 71948
county board of revision to the erroneous charges. If the board 71949
finds that the taxes or other charges have been erroneously 71950
charged or collected, it shall certify the finding to the auditor. 71951
Upon receipt of the certification, the auditor shall remove the 71952
erroneous charges on the manufactured home tax list or delinquent 71953
manufactured home tax list in the same manner as is prescribed in 71954
section 319.35 of the Revised Code for erroneous charges against 71955
real property, and refund any erroneous charges that have been 71956
collected, with interest, in the same manner as is prescribed in 71957
section 319.36 of the Revised Code for erroneous charges against 71958
real property.71959

       (N) As used in this section and section 4503.061 of the 71960
Revised Code:71961

       (1) "Manufactured home taxes" includes taxes, penalties, and 71962
interest charged under division (C) or (G) of this section and any 71963
penalties charged under division (G) or (H)(5) of section 4503.061 71964
of the Revised Code.71965

       (2) "Current taxes" means all manufactured home taxes charged 71966
against a manufactured or mobile home that have not appeared on 71967
the manufactured home tax list for any prior year. Current taxes 71968
become delinquent taxes if they remain unpaid after the last day 71969
prescribed for payment of the second installment of current taxes 71970
without penalty, whether or not they have been certified 71971
delinquent.71972

       (3) "Delinquent taxes" means:71973

       (a) Any manufactured home taxes that were charged against a 71974
manufactured or mobile home for a prior year, including any 71975
penalties or interest charged for a prior year and the costs of 71976
publication under division (H)(2) of this section, and that remain 71977
unpaid;71978

       (b) Any current manufactured home taxes charged against a 71979
manufactured or mobile home that remain unpaid after the last day 71980
prescribed for payment of the second installment of current taxes 71981
without penalty, whether or not they have been certified 71982
delinquent, including any penalties or interest and the costs of 71983
publication under division (H)(2) of this section.71984

       Sec. 4503.061.  (A) All manufactured and mobile homes shall 71985
be listed on either the real property tax list or the manufactured 71986
home tax list of the county in which the home has situs. Each 71987
owner shall follow the procedures in this section to identify the 71988
home to the county auditor of the county containing the taxing 71989
district in which the home has situs so that the auditor may place 71990
the home on the appropriate tax list.71991

       (B) When a manufactured or mobile home first acquires situs 71992
in this state and is subject to real property taxation pursuant to 71993
division (B)(1) or (2) of section 4503.06 of the Revised Code, the 71994
owner shall present to the auditor of the county containing the 71995
taxing district in which the home has its situs the certificate of 71996
title for the home, together with proof that all taxes due have 71997
been paid and proof that a relocation notice was obtained for the 71998
home if required under this section. Upon receiving the 71999
certificate of title and the required proofs, the auditor shall 72000
place the home on the real property tax list and proceed to treat 72001
the home as other properties on that list. After the auditor has 72002
placed the home on the tax list of real and public utility 72003
property, the auditor shall deliver the certificate of title to 72004
the clerk of the court of common pleas that issued it pursuant to 72005
section 4505.11 of the Revised Code, and the clerk shall 72006
inactivate the certificate of title.72007

       (C)(1) When a manufactured or mobile home subject to a 72008
manufactured home tax is relocated to or first acquires situs in 72009
any county that has adopted a permanent manufactured home 72010
registration system, as provided in division (F) of this section, 72011
the owner, within thirty days after the home is relocated or first 72012
acquires situs under section 4503.06 of the Revised Code, shall 72013
register the home with the county auditor of the county containing 72014
the taxing district in which the home has its situs. For the first 72015
registration in each county of situs, the owner or vendee in 72016
possession shall present to the county auditor an Ohio certificate 72017
of title, certified copy of the certificate of title, or 72018
memorandum certificate of title as such are required by law, and 72019
proof, as required by the county auditor, that the home, if it has 72020
previously been occupied and is being relocated, has been 72021
previously registered, that all taxes due and required to be paid 72022
under division (H)(1) of this section before a relocation notice 72023
may be issued have been paid, and that a relocation notice was 72024
obtained for the home if required by division (H) of this section. 72025
If the owner or vendee does not possess the Ohio certificate of 72026
title, certified copy of the certificate of title, or memorandum 72027
certificate of title at the time the owner or vendee first 72028
registers the home in a county, the county auditor shall register 72029
the home without presentation of the document, but the owner or 72030
vendee shall present the certificate of title, certified copy of 72031
the certificate of title, or memorandum certificate of title to 72032
the county auditor within fourteen days after the owner or vendee 72033
obtains possession of the document.72034

       (2) When a manufactured or mobile home is registered for the 72035
first time in a county and when the total tax due has been paid as 72036
required by division (F) of section 4503.06 of the Revised Code or 72037
divisions (E) and (H) of this section, the county treasurer shall 72038
note by writing or by a stamp on the certificate of title, 72039
certified copy of certificate of title, or memorandum certificate 72040
of title that the home has been registered and that the taxes due, 72041
if any, have been paid for the preceding five years and for the 72042
current year. The treasurer shall then issue a certificate 72043
evidencing registration and a decal to be displayed on the street 72044
side of the home. The certificate is valid in any county in this 72045
state during the year for which it is issued.72046

       (3) For each year thereafter, the county treasurer shall 72047
issue a tax bill stating the amount of tax due under section 72048
4503.06 of the Revised Code, as provided in division (D)(6) of 72049
that section. When the total tax due has been paid as required by 72050
division (F) of that section, the county treasurer shall issue a 72051
certificate evidencing registration that shall be valid in any 72052
county in this state during the year for which the certificate is 72053
issued.72054

       (4) The permanent decal issued under this division is valid 72055
during the period of ownership, except that when a manufactured 72056
home is relocated in another county the owner shall apply for a 72057
new registration as required by this section and section 4503.06 72058
of the Revised Code.72059

       (D)(1) All owners of manufactured or mobile homes subject to 72060
the manufactured home tax being relocated to or having situs in a 72061
county that has not adopted a permanent registration system, as 72062
provided in division (F) of this section, shall register the home 72063
within thirty days after the home is relocated or first acquires 72064
situs under section 4503.06 of the Revised Code and thereafter 72065
shall annually register the home with the county auditor of the 72066
county containing the taxing district in which the home has its 72067
situs.72068

       (2) Upon the annual registration, the county treasurer shall 72069
issue a tax bill stating the amount of annual manufactured home 72070
tax due under section 4503.06 of the Revised Code, as provided in 72071
division (D)(6) of that section. When a manufactured or mobile 72072
home is registered and when the tax for the current one-half year 72073
has been paid as required by division (F) of that section, the 72074
county treasurer shall issue a certificate evidencing registration 72075
and a decal. The certificate and decal are valid in any county in 72076
this state during the year for which they are issued. The decal 72077
shall be displayed on the street side of the home.72078

       (3) For the first annual registration in each county of 72079
situs, the county auditor shall require the owner or vendee to 72080
present an Ohio certificate of title, certified copy of the 72081
certificate of title, or memorandum certificate of title as such 72082
are required by law, and proof, as required by the county auditor, 72083
that the manufactured or mobile home has been previously 72084
registered, if such registration was required, that all taxes due 72085
and required to be paid under division (H)(1) of this section 72086
before a relocation notice may be issued have been paid, and that 72087
a relocation notice was obtained for the home if required by 72088
division (H) of this section. If the owner or vendee does not 72089
possess the Ohio certificate of title, certified copy of the 72090
certificate of title, or memorandum certificate of title at the 72091
time the owner or vendee first registers the home in a county, the 72092
county auditor shall register the home without presentation of the 72093
document, but the owner or vendee shall present the certificate of 72094
title, certified copy of the certificate of title, or memorandum 72095
certificate of title to the county auditor within fourteen days 72096
after the owner or vendee obtains possession of the document. When 72097
the county treasurer receives the tax payment, the county 72098
treasurer shall note by writing or by a stamp on the certificate 72099
of title, certified copy of the certificate of title, or 72100
memorandum certificate of title that the home has been registered 72101
for the current year and that the manufactured home taxes due, if 72102
any, have been paid for the preceding five years and for the 72103
current year.72104

       (4) For subsequent annual registrations, the auditor may 72105
require the owner or vendee in possession to present an Ohio 72106
certificate of title, certified copy of the certificate of title, 72107
or memorandum certificate of title to the county treasurer upon 72108
payment of the manufactured home tax that is due.72109

       (E)(1) Upon the application to transfer ownership of a 72110
manufactured or mobile home for which manufactured home taxes are 72111
paid pursuant to division (C) of section 4503.06 of the Revised 72112
Code the clerk of the court of common pleas shall not issue any 72113
certificate of title that does not contain or have attached both 72114
of the following:72115

       (a) An endorsement of the county treasurer stating that the 72116
home has been registered for each year of ownership and that all 72117
manufactured home taxes imposed pursuant to section 4503.06 of the 72118
Revised Code have been paid or that no tax is due;72119

       (b) An endorsement of the county auditor that the 72120
manufactured home transfer tax imposed pursuant to section 322.06 72121
of the Revised Code and any fees imposed under division (G) of 72122
section 319.54 of the Revised Code have been paid.72123

       (2) If all the taxes have not been paid, the clerk shall 72124
notify the vendee to contact the county treasurer of the county 72125
containing the taxing district in which the home has its situs at 72126
the time of the proposed transfer. The county treasurer shall then 72127
collect all the taxes that are due for the year of the transfer 72128
and all previous years not exceeding a total of five years. The 72129
county treasurer shall distribute that part of the collection owed 72130
to the county treasurer of other counties if the home had its 72131
situs in another county during a particular year when the unpaid 72132
tax became due and payable. The burden to prove the situs of the 72133
home in the years that the taxes were not paid is on the 72134
transferor of the home. Upon payment of the taxes, the county 72135
auditor shall remove all remaining taxes from the manufactured 72136
home tax list and the delinquent manufactured home tax list, and 72137
the county treasurer shall release all liens for such taxes. The 72138
clerk of courts shall issue a certificate of title, free and clear 72139
of all liens for manufactured home taxes, to the transferee of the 72140
home.72141

       (3) Once the transfer is complete and the certificate of 72142
title has been issued, the transferee shall register the 72143
manufactured or mobile home pursuant to division (C) or (D) of 72144
this section with the county auditor of the county containing the 72145
taxing district in which the home remains after the transfer or, 72146
if the home is relocated to another county, with the county 72147
auditor of the county to which the home is relocated. The 72148
transferee need not pay the annual tax for the year of acquisition 72149
if the original owner has already paid the annual tax for that 72150
year.72151

       (F) The county auditor may adopt a permanent registration 72152
system and issue a permanent decal with the first registration as 72153
prescribed by the tax commissioner.72154

       (G) When any manufactured or mobile home required to be 72155
registered by this section is not registered, the county auditor 72156
shall impose a penalty of one hundred dollars upon the owner and 72157
deposit the amount to the credit of the county real estate 72158
assessment fund to be used to pay the costs of administering this 72159
section and section 4503.06 of the Revised Code. If unpaid, the 72160
penalty shall constitute a lien on the home and shall be added by 72161
the county auditor to the manufactured home tax list for 72162
collection.72163

       (H)(1) Except as otherwise provided in this division, before 72164
moving a manufactured or mobile home on public roads from one 72165
address within this state to another address within or outside 72166
this state, the owner of the home shall obtain a relocation 72167
notice, as provided by this section, from the auditor of the 72168
county in which the home is located if the home is currently 72169
subject to taxation pursuant to section 4503.06 of the Revised 72170
Code. The auditor shall charge five dollars for the notice, and 72171
deposit the amount to the credit of the county real estate 72172
assessment fund to be used to pay the costs of administering this 72173
section and section 4503.06 of the Revised Code. The auditor shall 72174
not issue a relocation notice unless all taxes owed on the home 72175
under section 4503.06 of the Revised Code that were first charged 72176
to the home during the period of ownership of the owner seeking 72177
the relocation notice have been paid. If the home is being moved 72178
by a new owner of the home or by a party taking repossession of 72179
the home, the auditor shall not issue a relocation notice unless 72180
all of the taxes due for the preceding five years and for the 72181
current year have been paid. A relocation notice issued by a 72182
county auditor is valid until the last day of December of the year 72183
in which it was issued.72184

       If the home is being moved by a sheriff, police officer, 72185
constable, bailiff, or manufactured home park operator, as defined 72186
in section 3733.014781.01 of the Revised Code, or any agent of 72187
any of these persons, for purposes of removal from a manufactured 72188
home park and storage, sale, or destruction under section 1923.14 72189
of the Revised Code, the auditor shall issue a relocation notice 72190
without requiring payment of any taxes owed on the home under 72191
section 4503.06 of the Revised Code.72192

       (2) If a manufactured or mobile home is not yet subject to 72193
taxation under section 4503.06 of the Revised Code, the owner of 72194
the home shall obtain a relocation notice from the dealer of the 72195
home. Within thirty days after the manufactured or mobile home is 72196
purchased, the dealer of the home shall provide the auditor of the 72197
county in which the home is to be located written notice of the 72198
name of the purchaser of the home, the registration number or 72199
vehicle identification number of the home, and the address or 72200
location to which the home is to be moved. The county auditor 72201
shall provide to each manufactured and mobile home dealer, without 72202
charge, a supply of relocation notices to be distributed to 72203
purchasers pursuant to this section.72204

       (3) The notice shall be in the form of a one-foot square 72205
yellow sign with the words "manufactured home relocation notice" 72206
printed prominently on it. The name of the owner of the home, the 72207
home's registration number or vehicle identification number, the 72208
county and the address or location to which the home is being 72209
moved, and the county in which the notice is issued shall also be 72210
entered on the notice.72211

       (4) The relocation notice must be attached to the rear of the 72212
home when the home is being moved on a public road. Except as 72213
provided in divisions (H)(1) and (5) of this section, no person 72214
shall drive a motor vehicle moving a manufactured or mobile home 72215
on a public road from one address to another address within this 72216
state unless a relocation notice is attached to the rear of the 72217
home.72218

       (5) If the county auditor determines that a manufactured or 72219
mobile home has been moved without a relocation notice as required 72220
under this division, the auditor shall impose a penalty of one 72221
hundred dollars upon the owner of the home and upon the person who 72222
moved the home and deposit the amount to the credit of the county 72223
real estate assessment fund to pay the costs of administering this 72224
section and section 4503.06 of the Revised Code. If the home was 72225
relocated from one county in this state to another county in this 72226
state and the county auditor of the county to which the home was 72227
relocated imposes the penalty, that county auditor, upon 72228
collection of the penalty, shall cause an amount equal to the 72229
penalty to be transmitted from the county real estate assessment 72230
fund to the county auditor of the county from which the home was 72231
relocated, who shall deposit the amount to the credit of the 72232
county real estate assessment fund. If the penalty on the owner is 72233
unpaid, the penalty shall constitute a lien on the home and the 72234
auditor shall add the penalty to the manufactured home tax list 72235
for collection. If the county auditor determines that a dealer 72236
that has sold a manufactured or mobile home has failed to timely 72237
provide the information required under this division, the auditor 72238
shall impose a penalty upon the dealer in the amount of one 72239
hundred dollars. The penalty shall be credited to the county real 72240
estate assessment fund and used to pay the costs of administering 72241
this section and section 4503.06 of the Revised Code.72242

       (I) Whoever violates division (H)(4) of this section is 72243
guilty of a minor misdemeanor.72244

       Sec. 4503.062. (A) Every operator of a manufactured home 72245
court, or manufactured home park, as defined in section 3733.0172246
4781.01 of the Revised Code, or when there is no operator, every 72247
owner of property used for such purposes on which three or more 72248
manufactured or mobile homes are located, shall keep a register of 72249
all manufactured and mobile homes that make use of the court, 72250
park, or property. The register shall contain all of the 72251
following:72252

       (1) The name of the owner and all inhabitants of each home;72253

       (2) The ages of all inhabitants of each home;72254

       (3) The permanent and temporary post office addresses of all 72255
inhabitants of each home;72256

       (4) The license number of each home;72257

       (5) The state issuing each such license;72258

       (6) The date of arrival and of departure of each home;72259

       (7) The make and model of each home, if known and if either 72260
of the following applies:72261

       (a) The home enters the court, park, or property on or after 72262
January 1, 2003.72263

       (b) Ownership of the home in the court or park, or on the 72264
property, is transferred on or after January 1, 2003.72265

       (B) The register shall be open to inspection by the county 72266
auditor, the county treasurer, agents of the auditor or treasurer, 72267
and all law enforcement agencies at all times.72268

       (C) Any person who fails to comply with this section shall be 72269
fined not less than twenty-five nor more than one hundred dollars.72270

       Sec. 4503.235.  (A) If division (G) of section 4511.19 or 72271
division (B)(C) of section 4511.193 of the Revised Code requires a 72272
court, as part of the sentence of an offender who is convicted of 72273
or pleads guilty to a violation of division (A) of section 4511.19 72274
of the Revised Code or as a sanction for an offender who is 72275
convicted of or pleaded guilty to a violation of a municipal OVI 72276
ordinance, to order the immobilization of a vehicle for a 72277
specified period of time, notwithstanding the requirement, the 72278
court in its discretion may determine not to order the 72279
immobilization of the vehicle if both of the following apply:72280

       (1) Prior to the issuance of the order of immobilization, a 72281
family or household member of the offender files a motion with the 72282
court identifying the vehicle and requesting that the 72283
immobilization order not be issued on the ground that the family 72284
or household member is completely dependent on the vehicle for the 72285
necessities of life and that the immobilization of the vehicle 72286
would be an undue hardship to the family or household member.72287

       (2) The court determines that the family or household member 72288
who files the motion is completely dependent on the vehicle for 72289
the necessities of life and that the immobilization of the vehicle 72290
would be an undue hardship to the family or household member.72291

       (B) If a court pursuant to division (A) of this section 72292
determines not to order the immobilization of a vehicle that 72293
otherwise would be required pursuant to division (G) of section 72294
4511.19 or division (B)(C) of section 4511.193 of the Revised 72295
Code, the court shall issue an order that waives the 72296
immobilization that otherwise would be required pursuant to either 72297
of those divisions. The immobilization waiver order shall be in 72298
effect for the period of time for which the immobilization of the 72299
vehicle otherwise would have been required under division (G) of 72300
section 4511.19 or division (B)(C) of section 4511.193 of the 72301
Revised Code if the immobilization waiver order had not been 72302
issued, subject to division (D) of this section. The 72303
immobilization waiver order shall specify the period of time for 72304
which it is in effect. The court shall provide a copy of an 72305
immobilization waiver order to the offender and to the family or 72306
household member of the offender who filed the motion requesting 72307
that the immobilization order not be issued and shall place a copy 72308
of the immobilization waiver order in the record in the case. The 72309
court shall impose an immobilization waiver fee in the amount of 72310
fifty dollars. The court shall determine whether the fee is to be 72311
paid by the offender or by the family or household member. The 72312
clerk of the court shall deposit all of the fees collected during 72313
a month on or before the twenty-third day of the following month 72314
into the county or municipal indigent drivers alcohol treatment 72315
fund under the control of that court, as created by the county or 72316
municipal corporation under division (F) of section 4511.191 of 72317
the Revised Code. 72318

       (C) If a court pursuant to division (B) of this section 72319
issues an immobilization waiver order, the order shall identify 72320
the family or household member who requested the order and the 72321
vehicle to which the order applies, shall identify the family or 72322
household members who are permitted to operate the vehicle, and 72323
shall identify the offender and specify that the offender is not 72324
permitted to operate the vehicle. The immobilization waiver order 72325
shall require that the family or household member display on the 72326
vehicle to which the order applies restricted license plates that 72327
are issued under section 4503.231 of the Revised Code for the 72328
entire period for which the immobilization of the vehicle 72329
otherwise would have been required under division (G) of section 72330
4511.19 or division (B)(C) of section 4511.193 of the Revised Code 72331
if the immobilization waiver order had not been issued.72332

       (D) A family or household member who is permitted to operate 72333
a vehicle under an immobilization waiver order issued under this 72334
section shall not permit the offender to operate the vehicle. If a 72335
family or household member who is permitted to operate a vehicle 72336
under an immobilization waiver order issued under this section 72337
permits the offender to operate the vehicle, both of the following 72338
apply:72339

       (1) The court that issued the immobilization waiver order 72340
shall terminate that order and shall issue an immobilization order 72341
in accordance with section 4503.233 of the Revised Code that 72342
applies to the vehicle, and the immobilization order shall be in 72343
effect for the remaining period of time for which the 72344
immobilization of the vehicle otherwise would have been required 72345
under division (G) of section 4511.19 or division (B)(C) of 72346
section 4511.193 of the Revised Code if the immobilization waiver 72347
order had not been issued.72348

       (2) The conduct of the family or household member in 72349
permitting the offender to operate the vehicle is a violation of 72350
section 4511.203 of the Revised Code.72351

       (E) No offender shall operate a motor vehicle subject to an 72352
immobilization waiver order. Whoever violates this division is 72353
guilty of operating a motor vehicle in violation of an 72354
immobilization waiver, a misdemeanor of the first degree.72355

       (F) "Family or household member" has the same meaning as in 72356
section 2919.25 of the Revised Code, except that the person must 72357
be currently residing with the offender.72358

       Sec. 4503.70.  The owner or lessee of any passenger car, 72359
noncommercial motor vehicle, recreational vehicle, or other 72360
vehicle of a class approved by the registrar of motor vehicles who 72361
is a member in good standing of the grand lodge of free and 72362
accepted masons of Ohio may apply to the registrar for the 72363
registration of the vehicle and issuance of freemason license 72364
plates. The application for freemason license plates may be 72365
combined with a request for a special reserved license plate under 72366
section 4503.40 or 4503.42 of the Revised Code. Upon receipt of 72367
the completed application, presentation by the applicant of 72368
satisfactory evidence showing that the applicant is a member in 72369
good standing of the grand lodge of free and accepted masons of 72370
Ohio, and compliance by the applicant with this section, the 72371
registrar shall issue to the applicant the appropriate vehicle 72372
registration and a set of freemason license plates with a 72373
validation sticker or a validation sticker alone when required by 72374
section 4503.191 of the Revised Code.72375

       In addition to the letters and numbers ordinarily inscribed 72376
thereon, freemason license plates shall be inscribed with 72377
identifying words and a symbol or logo designed by the grand lodge 72378
of free and accepted masons of Ohio and approved by the registrar. 72379
Freemason license plates shall bear county identification stickers 72380
that identify the county of registration by name or number.72381

       Freemason license plates and validation stickers shall be 72382
issued upon payment of the regular license fee required by section 72383
4503.04 of the Revised Code, payment of any local motor vehicle 72384
license tax levied under Chapter 4504. of the Revised Code, 72385
payment of an additional fee of ten dollars, and compliance with 72386
all other applicable laws relating to the registration of motor 72387
vehicles. If the application for freemason license plates is 72388
combined with a request for a special reserved license plate under 72389
section 4503.40 or 4503.42 of the Revised Code, the license plates 72390
and validation sticker shall be issued upon payment of the fees 72391
and taxes contained in this section and the additional fee 72392
prescribed under section 4503.40 or 4503.42 of the Revised Code. 72393
The additional fee of ten dollars shall be for the purpose of 72394
compensating the bureau of motor vehicles for additional services 72395
required in the issuing of freemason license plates, and shall be 72396
transmitted by the registrar to the treasurer of state for deposit 72397
into the state treasury to the credit of the state bureau of motor 72398
vehicles fund created by section 4501.25 of the Revised Code.72399

       Sec. 4503.93.  (A) The owner or lessee of any passenger car, 72400
noncommercial motor vehicle, recreational vehicle, or other 72401
vehicle of a class approved by the registrar of motor vehicles may 72402
apply to the registrar for the registration of the vehicle and 72403
issuance of Ohio "volunteer" license plates. The application for 72404
Ohio "volunteer" license plates may be combined with a request for 72405
a special reserved license plate under section 4503.40 or 4503.42 72406
of the Revised Code. Upon receipt of the completed application and 72407
compliance with divisions (B) and (C) of this section, the 72408
registrar shall issue to the applicant the appropriate vehicle 72409
registration and a set of Ohio "volunteer" license plates with a 72410
validation sticker or a validation sticker alone when required by 72411
section 4503.191 of the Revised Code.72412

       In addition to the letters and numbers ordinarily inscribed 72413
on license plates, Ohio "volunteer" license plates shall be 72414
inscribed with words and markings designed by the Ohio community72415
commission on service counciland volunteerism created by section 72416
121.40 of the Revised Code and approved by the registrar. Ohio 72417
"volunteer" license plates shall bear county identification 72418
stickers that identify the county of registration by name or 72419
number.72420

       (B) Ohio "volunteer" license plates and a validation sticker, 72421
or a validation sticker alone, shall be issued upon receipt of a 72422
contribution as provided in division (C) of this section and upon 72423
payment of the regular license tax prescribed in section 4503.04 72424
of the Revised Code, any applicable motor vehicle tax levied under 72425
Chapter 4504. of the Revised Code, any applicable additional fee 72426
prescribed by section 4503.40 or 4503.42 of the Revised Code, a 72427
bureau of motor vehicles fee of ten dollars, and compliance with 72428
all other applicable laws relating to the registration of motor 72429
vehicles.72430

       (C)(1) For each application for registration and registration 72431
renewal received under this section, the registrar shall collect a 72432
contribution of fifteen dollars. The registrar shall transmit this 72433
contribution to the treasurer of state for deposit in the Ohio 72434
communitycommission on service counciland volunteerism gifts and 72435
donations fund created by section 121.403 of the Revised Code. The 72436
councilcommission shall use all such contributions for the 72437
purposes described in divisions (B)(2) and (3) of that section.72438

       (2) The registrar shall deposit the bureau of motor vehicles 72439
fee of ten dollars specified in division (B) of this section, 72440
which is for the purpose of compensating the bureau for the 72441
additional services required in issuing Ohio "volunteer" license 72442
plates, in the state bureau of motor vehicles fund created in 72443
section 4501.25 of the Revised Code.72444

       Sec. 4504.02.  For the purpose of paying the costs of 72445
enforcing and administering the tax provided for in this section; 72446
and for planning, constructing, improving, maintaining, and 72447
repairing public roads, highways, and streets; maintaining and 72448
repairing bridges and viaducts; paying the county's portion of the 72449
costs and expenses of cooperating with the department of 72450
transportation in the planning, improvement, and construction of 72451
state highways; paying the county's portion of the compensation, 72452
damages, cost, and expenses of planning, constructing, 72453
reconstructing, improving, maintaining, and repairing roads; 72454
paying any costs apportioned to the county under section 4907.47 72455
of the Revised Code; paying debt service charges on notes or bonds 72456
of the county issued for such purposes; paying all or part of the 72457
costs and expenses of municipal corporations in planning, 72458
constructing, reconstructing, improving, maintaining, and 72459
repairing highways, roads, and streets designated as necessary or 72460
conducive to the orderly and efficient flow of traffic within and 72461
through the county pursuant to section 4504.03 of the Revised 72462
Code; purchasing, erecting, and maintaining street and traffic 72463
signs and markers; purchasing, erecting, and maintaining traffic 72464
lights and signals; and to supplement revenue already available 72465
for such purposes, any county by resolution adopted by its board 72466
of county commissioners may levy an annual license tax, in 72467
addition to the tax levied by sections 4503.02, 4503.07, and 72468
4503.18 of the Revised Code, upon the operation of motor vehicles 72469
on the public roads or highways. Such tax shall be at the rate of 72470
five dollars per motor vehicle on all motor vehicles the district 72471
of registration of which, as defined in section 4503.10 of the 72472
Revised Code, is located in the county levying the tax and shall 72473
be in addition to the taxes at the rates specified in sections 72474
4503.04 and 4503.16 of the Revised Code, subject to reductions in 72475
the manner provided in section 4503.11 of the Revised Code and the 72476
exemptions provided in sections 4503.16, 4503.17, 4503.171, 72477
4503.173, 4503.41, 4503.43, and 4503.46 of the Revised Code.72478

       Prior to the adoption of any resolution under this section, 72479
the board of county commissioners shall conduct two public 72480
hearings thereon, the second hearing to be not less than three nor 72481
more than ten days after the first. Notice of the date, time, and 72482
place of such hearings shall be given by publication in a 72483
newspaper of general circulation in the county or as provided in 72484
section 7.16 of the Revised Code, once a week on the same day of 72485
the week for two consecutive weeks, the second publication being 72486
not less than ten nor more than thirty days prior to the first 72487
hearing.72488

       No resolution under this section shall become effective 72489
sooner than thirty days following its adoption, and such 72490
resolution is subject to a referendum as provided in sections 72491
305.31 to 305.41 of the Revised Code, unless such resolution is 72492
adopted as an emergency measure necessary for the immediate 72493
preservation of the public peace, health, or safety, in which case 72494
it shall go into immediate effect. Such emergency measure must 72495
receive an affirmative vote of all of the members of the board of 72496
county commissioners, and shall state the reasons for such 72497
necessity. A resolution may direct the board of elections to 72498
submit the question of levying the tax to the electors of the 72499
county at the next primary or general election in the county 72500
occurring not less than seventy-five days after such resolution is 72501
certified to the board; no such resolution shall go into effect 72502
unless approved by a majority of those voting upon it.72503

       Sec. 4504.021.  The question of repeal of a county permissive 72504
tax adopted as an emergency measure pursuant to section 4504.02, 72505
4504.15, or 4504.16 of the Revised Code may be initiated by filing 72506
with the board of elections of the county not less than ninety 72507
days before the general election in any year a petition requesting 72508
that an election be held on such question. Such petition shall be 72509
signed by qualified electors residing in the county equal in 72510
number to ten per cent of those voting for governor at the most 72511
recent gubernatorial election.72512

       After determination by it that such petition is valid, the 72513
board of elections shall submit the question to the electors of 72514
the county at the next general election. The election shall be 72515
conducted, canvassed, and certified in the same manner as regular 72516
elections for county offices in the county. Notice of the election 72517
shall be published in a newspaper of general circulation in the 72518
district, or as provided in section 7.16 of the Revised Code, once 72519
a week for two consecutive weeks prior to the election and, if. If72520
the board of elections operates and maintains a web site, notice 72521
of the election also shall be posted on that web site for thirty 72522
days prior to the election. The notice shall state the purpose, 72523
time, and place of the election. The form of the ballot cast at 72524
such election shall be prescribed by the secretary of state. The 72525
question covered by such petition shall be submitted as a separate 72526
proposition, but it may be printed on the same ballot with any 72527
other proposition submitted at the same election other than the 72528
election of officers. If a majority of the qualified electors 72529
voting on the question of repeal approve the repeal, the result of 72530
the election shall be certified immediately after the canvass by 72531
the board of elections to the county commissioners, who shall 72532
thereupon, after the current year, cease to levy the tax.72533

       Sec. 4504.15.  For the purpose of paying the costs of 72534
enforcing and administering the tax provided for in this section; 72535
for the various purposes stated in section 4504.02 of the Revised 72536
Code; and to supplement revenue already available for those 72537
purposes, any county may, by resolution adopted by its board of 72538
county commissioners, levy an annual license tax, that shall be in 72539
addition to the tax levied by sections 4503.02, 4503.07, and 72540
4503.18 of the Revised Code, upon the operation of motor vehicles 72541
upon the public roads and highways. The tax shall be at the rate 72542
of five dollars per motor vehicle on all motor vehicles the 72543
district of registration of which, as defined in section 4503.10 72544
of the Revised Code, is located in the county levying the tax but 72545
is not located within any municipal corporation levying the tax 72546
authorized by section 4504.17 of the Revised Code, and shall be in 72547
addition to the taxes at the rates specified in sections 4503.04 72548
and 4503.16 of the Revised Code, subject to reductions in the 72549
manner provided in section 4503.11 of the Revised Code and the 72550
exemptions provided in sections 4503.16, 4503.17, 4503.171, 72551
4503.41, and 4503.43 of the Revised Code.72552

       Prior to the adoption of any resolution under this section, 72553
the board of county commissioners shall conduct two public 72554
hearings thereon, the second hearing to be not less than three nor 72555
more than ten days after the first. Notice of the date, time, and 72556
place of such hearings shall be given by publication in a 72557
newspaper of general circulation in the county, or as provided in 72558
section 7.16 of the Revised Code, once a week for two consecutive 72559
weeks, the. The second publication beingshall be not less than 72560
ten nor more than thirty days prior to the first hearing.72561

       No resolution under this section shall become effective 72562
sooner than thirty days following its adoption, and such 72563
resolution is subject to a referendum as provided in sections 72564
305.31 to 305.41 of the Revised Code, unless the resolution is 72565
adopted as an emergency measure necessary for the immediate 72566
preservation of the public peace, health, or safety, in which case 72567
it shall go into immediate effect. The emergency measure must 72568
receive an affirmative vote of all of the members of the board of 72569
county commissioners, and shall state the reasons for the 72570
necessity. A resolution may direct the board of elections to 72571
submit the question of levying the tax to the electors of the 72572
county at the next primary or general election occurring not less 72573
than ninety days after the resolution is certified to the board; 72574
no such resolution shall go into effect unless approved by a 72575
majority of those voting upon it. A county is not required to 72576
enact the tax authorized by section 4504.02 of the Revised Code in 72577
order to levy the tax authorized by this section, but no county 72578
may have in effect the tax authorized by this section if it 72579
repeals the tax authorized by section 4504.02 of the Revised Code 72580
after April 1, 1987.72581

       Sec. 4504.16.  For the purpose of paying the costs of 72582
enforcing and administering the tax provided for in this section; 72583
for the various purposes stated in section 4504.02 of the Revised 72584
Code; and to supplement revenue already available for those 72585
purposes, any county that currently levies the tax authorized by 72586
section 4504.15 of the Revised Code may, by resolution adopted by 72587
its board of county commissioners, levy an annual license tax, 72588
that shall be in addition to the tax levied by that section and by 72589
sections 4503.02, 4503.07, and 4503.18 of the Revised Code, upon 72590
the operation of motor vehicles upon the public roads and 72591
highways. The tax shall be at the rate of five dollars per motor 72592
vehicle on all motor vehicles the district of registration of 72593
which, as defined in section 4503.10 of the Revised Code, is 72594
located in the county levying the tax but is not located within 72595
any municipal corporation levying the tax authorized by section 72596
4504.171 of the Revised Code, and shall be in addition to the 72597
taxes at the rates specified in sections 4503.04 and 4503.16 of 72598
the Revised Code, subject to reductions in the manner provided in 72599
section 4503.11 of the Revised Code and the exemptions provided in 72600
sections 4503.16, 4503.17, 4503.171, 4503.41, and 4503.43 of the 72601
Revised Code.72602

       Prior to the adoption of any resolution under this section, 72603
the board of county commissioners shall conduct two public 72604
hearings thereon, the second hearing to be not less than three nor 72605
more than ten days after the first. Notice of the date, time, and 72606
place of such hearings shall be given by publication in a 72607
newspaper of general circulation in the county, or as provided in 72608
section 7.16 of the Revised Code, once a week for two consecutive 72609
weeks, the. The second publication beingshall be not less than 72610
ten nor more than thirty days prior to the first hearing.72611

       No resolution under this section shall become effective 72612
sooner than thirty days following its adoption, and such 72613
resolution is subject to a referendum as provided in sections 72614
305.31 to 305.41 of the Revised Code, unless the resolution is 72615
adopted as an emergency measure necessary for the immediate 72616
preservation of the public peace, health, or safety, in which case 72617
it shall go into immediate effect. The emergency measure must 72618
receive an affirmative vote of all of the members of the board of 72619
county commissioners, and shall state the reasons for the 72620
necessity. A resolution may direct the board of elections to 72621
submit the question of levying the tax to the electors of the 72622
county at the next primary or general election occurring not less 72623
than ninety days after the resolution is certified to the board; 72624
no such resolution shall go into effect unless approved by a 72625
majority of those voting upon it.72626

       Nothing in this section or in section 4504.15 of the Revised 72627
Code shall be interpreted as preventing a county from levying the 72628
county motor vehicle license taxes authorized by such sections in 72629
a single resolution.72630

       Sec. 4504.18.  For the purpose of paying the costs and 72631
expenses of enforcing and administering the tax provided for in 72632
this section; for the construction, reconstruction, improvement, 72633
maintenance, and repair of township roads, bridges, and culverts; 72634
for purchasing, erecting, and maintaining traffic signs, markers, 72635
lights, and signals; for purchasing road machinery and equipment, 72636
and planning, constructing, and maintaining suitable buildings to 72637
house such equipment; for paying any costs apportioned to the 72638
township under section 4907.47 of the Revised Code; and to 72639
supplement revenue already available for such purposes, the board 72640
of township trustees may levy an annual license tax, in addition 72641
to the tax levied by sections 4503.02, 4503.07, and 4503.18 of the 72642
Revised Code, upon the operation of motor vehicles on the public 72643
roads and highways in the unincorporated territory of the 72644
township. The tax shall be at the rate of five dollars per motor 72645
vehicle on all motor vehicles the owners of which reside in the 72646
unincorporated area of the township and shall be in addition to 72647
the taxes at the rates specified in sections 4503.04 and 4503.16 72648
of the Revised Code, subject to reductions in the manner provided 72649
in section 4503.11 of the Revised Code and the exemptions provided 72650
in sections 4503.16, 4503.17, 4503.171, 4503.41, and 4503.43 of 72651
the Revised Code.72652

       Prior to the adoption of any resolution under this section, 72653
the board of township trustees shall conduct two public hearings 72654
thereon, the second hearing to be not less than three nor more 72655
than ten days after the first. Notice of the date, time, and place 72656
of such hearings shall be given by publication in a newspaper of 72657
general circulation in the township or as provided in section 7.16 72658
of the Revised Code, once a week on the same day of the week for 72659
two consecutive weeks, the second publication being not less than 72660
ten nor more than thirty days prior to the first hearing.72661

       No resolution under this section shall become effective 72662
sooner than thirty days following its adoption, and such 72663
resolution is subject to a referendum in the same manner, except 72664
as to the form of the petition, as provided in division (H) of 72665
section 519.12 of the Revised Code for a proposed amendment to a 72666
township zoning resolution. In addition, a petition under this 72667
section shall be governed by the rules specified in section 72668
3501.38 of the Revised Code. No resolution levying a tax under 72669
this section for which a referendum vote has been requested shall 72670
go into effect unless approved by a majority of those voting upon 72671
it.72672

       A township license tax levied under this section shall 72673
continue in effect until repealed.72674

       Sec. 4506.071.  On receipt of a notice pursuant to section 72675
3123.54 of the Revised Code, the registrar of motor vehicles shall 72676
comply with sections 3123.523123.53 to 3123.6143123.60 of the 72677
Revised Code and any applicable rules adopted under section 72678
3123.63 of the Revised Code with respect to a commercial driver's 72679
license or commercial driver's temporary instruction permit issued 72680
pursuant to this chapter.72681

       Sec. 4507.111.  On receipt of a notice pursuant to section 72682
3123.54 of the Revised Code, the registrar of motor vehicles shall 72683
comply with sections 3123.523123.53 to 3123.6143123.60 of the 72684
Revised Code and any applicable rules adopted under section 72685
3123.63 of the Revised Code with respect to any driver's or 72686
commercial license or permit, motorcycle operator's license or 72687
endorsement, or temporary instruction permit or commercial 72688
driver's temporary instruction permit issued by this state that is 72689
the subject of the notice.72690

       Sec. 4507.164.  (A) Except as provided in divisions (C) to 72691
(E) of this section, when the license of any person is suspended 72692
pursuant to any provision of the Revised Code other than division 72693
(G) of section 4511.19 of the Revised Code and other than section 72694
4510.07 of the Revised Code for a violation of a municipal OVI 72695
ordinance, the trial judge may impound the identification license 72696
plates of any motor vehicle registered in the name of the person.72697

       (B)(1) When the license of any person is suspended pursuant 72698
to division (G)(1)(a) of section 4511.19 of the Revised Code, or 72699
pursuant to section 4510.07 of the Revised Code for a municipal 72700
OVI offense when the suspension is equivalent in length to the 72701
suspension under division (G) of section 4511.19 of the Revised 72702
Code that is specified in this division, the trial judge of the 72703
court of record or the mayor of the mayor's court that suspended 72704
the license may impound the identification license plates of any 72705
motor vehicle registered in the name of the person.72706

       (2) When the license of any person is suspended pursuant to 72707
division (G)(1)(b) of section 4511.19 of the Revised Code, or 72708
pursuant to section 4510.07 of the Revised Code for a municipal 72709
OVI offense when the suspension is equivalent in length to the 72710
suspension under division (G) of section 4511.19 of the Revised 72711
Code that is specified in this division, the trial judge of the 72712
court of record that suspended the license shall order the 72713
impoundment of the identification license plates of the motor 72714
vehicle the offender was operating at the time of the offense and 72715
the immobilization of that vehicle in accordance with section 72716
4503.233 and division (G)(1)(b) of section 4511.19 or division72717
(B)(C)(2)(a) of section 4511.193 of the Revised Code and may 72718
impound the identification license plates of any other motor 72719
vehicle registered in the name of the person whose license is 72720
suspended.72721

       (3) When the license of any person is suspended pursuant to 72722
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised 72723
Code, or pursuant to section 4510.07 of the Revised Code for a 72724
municipal OVI offense when the suspension is equivalent in length 72725
to the suspension under division (G) of section 4511.19 of the 72726
Revised Code that is specified in this division, the trial judge 72727
of the court of record that suspended the license shall order the 72728
criminal forfeiture to the state of the motor vehicle the offender 72729
was operating at the time of the offense in accordance with 72730
section 4503.234 and division (G)(1)(c), (d), or (e) of section 72731
4511.19 or division (B)(C)(2)(b) of section 4511.193 of the 72732
Revised Code and may impound the identification license plates of 72733
any other motor vehicle registered in the name of the person whose 72734
license is suspended.72735

       (C)(1) When a person is convicted of or pleads guilty to a 72736
violation of section 4510.14 of the Revised Code or a 72737
substantially equivalent municipal ordinance and division (B)(1) 72738
or (2) of section 4510.14 or division (C)(1) or (2) of section 72739
4510.161 of the Revised Code applies, the trial judge of the court 72740
of record or the mayor of the mayor's court that imposes sentence 72741
shall order the immobilization of the vehicle the person was 72742
operating at the time of the offense and the impoundment of its 72743
identification license plates in accordance with section 4503.233 72744
and division (B)(1) or (2) of section 4510.14 or division (C)(1) 72745
or (2) of section 4510.161 of the Revised Code and may impound the 72746
identification license plates of any other vehicle registered in 72747
the name of that person.72748

       (2) When a person is convicted of or pleads guilty to a 72749
violation of section 4510.14 of the Revised Code or a 72750
substantially equivalent municipal ordinance and division (B)(3) 72751
of section 4510.14 or division (C)(3) of section 4510.161 of the 72752
Revised Code applies, the trial judge of the court of record that 72753
imposes sentence shall order the criminal forfeiture to the state 72754
of the vehicle the person was operating at the time of the offense 72755
in accordance with section 4503.234 and division (B)(3) of section 72756
4510.14 or division (C)(3) of section 4510.161 of the Revised Code 72757
and may impound the identification license plates of any other 72758
vehicle registered in the name of that person.72759

       (D)(1) When a person is convicted of or pleads guilty to a 72760
violation of division (A) of section 4510.16 of the Revised Code 72761
or a substantially equivalent municipal ordinance, division (B) of 72762
section 4510.16 or division (B) of section 4510.161 of the Revised 72763
Code applies in determining whether the immobilization of the 72764
vehicle the person was operating at the time of the offense and 72765
the impoundment of its identification license plates or the 72766
criminal forfeiture to the state of the vehicle the person was 72767
operating at the time of the offense is authorized or required. 72768
The trial judge of the court of record or the mayor of the mayor's 72769
court that imposes sentence may impound the identification license 72770
plates of any other vehicle registered in the name of that person.72771

       (E)(1) When a person is convicted of or pleads guilty to a 72772
violation of section 4511.203 of the Revised Code and the person 72773
is sentenced pursuant to division (C)(1) or (2) of section 72774
4511.203 of the Revised Code, the trial judge of the court of 72775
record or the mayor of the mayor's court that imposes sentence 72776
shall order the immobilization of the vehicle that was involved in 72777
the commission of the offense and the impoundment of its 72778
identification license plates in accordance with division (C)(1) 72779
or (2) of section 4511.203 and section 4503.233 of the Revised 72780
Code and may impound the identification license plates of any 72781
other vehicle registered in the name of that person.72782

       (2) When a person is convicted of or pleads guilty to a 72783
violation of section 4511.203 of the Revised Code and the person 72784
is sentenced pursuant to division (C)(3) of section 4511.203 of 72785
the Revised Code, the trial judge of the court of record or the 72786
mayor of the mayor's court that imposes sentence shall order the 72787
criminal forfeiture to the state of the vehicle that was involved 72788
in the commission of the offense in accordance with division 72789
(C)(3) of section 4511.203 and section 4503.234 of the Revised 72790
Code and may impound the identification license plates of any 72791
other vehicle registered in the name of that person.72792

       (F) Except as provided in section 4503.233 or 4503.234 of the 72793
Revised Code, when the certificate of registration, the 72794
identification license plates, or both have been impounded, 72795
division (B) of section 4507.02 of the Revised Code is applicable.72796

       (G) As used in this section, "municipal OVI offense" has the 72797
same meaning as in section 4511.181 of the Revised Code.72798

       Sec. 4510.037.  (A) When the registrar of motor vehicles 72799
determines that the total points charged against any person under 72800
section 4510.036 of the Revised Code exceed five, the registrar 72801
shall send a warning letter to the person at the person's last 72802
known address by regular mail. The warning letter shall list the 72803
reported violations that are the basis of the points charged, list 72804
the number of points charged for each violation, and outline the 72805
suspension provisions of this section.72806

       (B) When the registrar determines that the total points 72807
charged against any person under section 4510.036 of the Revised 72808
Code within any two-year period beginning on the date of the first 72809
conviction within the two-year period is equal to twelve or more, 72810
the registrar shall send a written notice to the person at the 72811
person's last known address by regular mail. The notice shall list 72812
the reported violations that are the basis of the points charged, 72813
list the number of points charged for each violation, and state 72814
that, because the total number of points charged against the 72815
person within the applicable two-year period is equal to twelve or 72816
more, the registrar is imposing a class D suspension of the 72817
person's driver's or commercial driver's license or permit or 72818
nonresident operating privileges for the period of time specified 72819
in division (B)(4) of section 4510.02 of the Revised Code. The 72820
notice also shall state that the suspension is effective on the 72821
twentieth day after the mailing of the notice, unless the person 72822
files a petition appealing the determination and suspension in the 72823
municipal court, county court, or, if the person is under the age 72824
of eighteen, the juvenile division of the court of common pleas in 72825
whose jurisdiction the person resides or, if the person is not a 72826
resident of this state, in the Franklin county municipal court or 72827
juvenile division of the Franklin county court of common pleas. By 72828
filing the appeal of the determination and suspension, the person 72829
agrees to pay the cost of the proceedings in the appeal of the 72830
determination and suspension and alleges that the person can show 72831
cause why the person's driver's or commercial driver's license or 72832
permit or nonresident operating privileges should not be 72833
suspended.72834

       (C)(1) Any person against whom at least two but less than 72835
twelve points have been charged under section 4510.036 of the 72836
Revised Code may enroll in a course of remedial driving 72837
instruction that is approved by the director of public safety. 72838
Upon the person's completion of an approved course of remedial 72839
driving instruction, the person may apply to the registrar on a 72840
form prescribed by the registrar for a credit of two points on the 72841
person's driving record. Upon receipt of the application and proof 72842
of completion of the approved remedial driving course, the 72843
registrar shall approve the two-point credit. The registrar shall 72844
not approve any credits for a person who completes an approved 72845
course of remedial driving instruction pursuant to a judge's order 72846
under section 4510.02 of the Revised Code.72847

       (2) In any three-year period, the registrar shall approve 72848
only one two-point credit on a person's driving record under 72849
division (C)(1) of this section. The registrar shall approve not 72850
more than five two-point credits on a person's driving record 72851
under division (C)(1) of this section during that person's 72852
lifetime.72853

       (D) When a judge of a court of record suspends a person's 72854
driver's or commercial driver's license or permit or nonresident 72855
operating privilege and charges points against the person under 72856
section 4510.036 of the Revised Code for the offense that resulted 72857
in the suspension, the registrar shall credit that period of 72858
suspension against the time of any subsequent suspension imposed 72859
under this section for which those points were used to impose the 72860
subsequent suspension. When a United States district court that 72861
has jurisdiction within this state suspends a person's driver's or 72862
commercial driver's license or permit or nonresident operating 72863
privileges pursuant to the "Assimilative Crimes Act," 102 Stat. 72864
4381 (1988), 18 U.S.C.A. 13, as amended, the district court 72865
prepares an abstract pursuant to section 4510.031 of the Revised 72866
Code, and the district court charges points against the person 72867
under section 4510.036 of the Revised Code for the offense that 72868
resulted in the suspension, the registrar shall credit the period 72869
of suspension imposed by the district court against the time of 72870
any subsequent suspension imposed under this section for which the 72871
points were used to impose the subsequent suspension.72872

       (E) The registrar, upon the written request of a licensee who 72873
files a petition under division (B) of this section, shall furnish 72874
the licensee a certified copy of the registrar's record of the 72875
convictions and bond forfeitures of the person. This record shall 72876
include the name, address, and date of birth of the licensee; the 72877
name of the court in which each conviction or bail forfeiture took 72878
place; the nature of the offense that was the basis of the 72879
conviction or bond forfeiture; and any other information that the 72880
registrar considers necessary. If the record indicates that twelve 72881
points or more have been charged against the person within a 72882
two-year period, it is prima-facie evidence that the person is a 72883
repeat traffic offender, and the registrar shall suspend the 72884
person's driver's or commercial driver's license or permit or 72885
nonresident operating privilege pursuant to division (B) of this 72886
section.72887

       In hearing the petition and determining whether the person 72888
filing the petition has shown cause why the person's driver's or 72889
commercial driver's license or permit or nonresident operating 72890
privilege should not be suspended, the court shall decide the 72891
issue on the record certified by the registrar and any additional 72892
relevant, competent, and material evidence that either the 72893
registrar or the person whose license is sought to be suspended 72894
submits.72895

       (F) If a petition is filed under division (B) of this section 72896
in a county court, the prosecuting attorney of the county in which 72897
the case is pending shall represent the registrar in the 72898
proceedings, except that, if the petitioner resides in a municipal 72899
corporation within the jurisdiction of the county court, the city 72900
director of law, village solicitor, or other chief legal officer 72901
of the municipal corporation shall represent the registrar in the 72902
proceedings. If a petition is filed under division (B) of this 72903
section in a municipal court, the registrar shall be represented 72904
in the resulting proceedings as provided in section 1901.34 of the 72905
Revised Code.72906

       (G) If the court determines from the evidence submitted that 72907
a person who filed a petition under division (B) of this section 72908
has failed to show cause why the person's driver's or commercial 72909
driver's license or permit or nonresident operating privileges 72910
should not be suspended, the court shall assess against the person 72911
the cost of the proceedings in the appeal of the determination and 72912
suspension and shall impose the applicable suspension under this 72913
section or suspend all or a portion of the suspension and impose 72914
any conditions upon the person that the court considers proper or 72915
impose upon the person a community control sanction pursuant to 72916
section 2929.15 or 2929.25 of the Revised Code. If the court 72917
determines from the evidence submitted that a person who filed a 72918
petition under division (B) of this section has shown cause why 72919
the person's driver's or commercial driver's license or permit or 72920
nonresident operating privileges should not be suspended, the 72921
costs of the appeal proceeding shall be paid out of the county 72922
treasury of the county in which the proceedings were held.72923

       (H) Any person whose driver's or commercial driver's license 72924
or permit or nonresident operating privileges are suspended under 72925
this section is not entitled to apply for or receive a new 72926
driver's or commercial driver's license or permit or to request or 72927
be granted nonresident operating privileges during the effective 72928
period of the suspension.72929

       (I) Upon the termination of any suspension or other penalty 72930
imposed under this section involving the surrender of license or 72931
permit and upon the request of the person whose license or permit 72932
was suspended or surrendered, the registrar shall return the 72933
license or permit to the person upon determining that the person 72934
has complied with all provisions of section 4510.038 of the 72935
Revised Code or, if the registrar destroyed the license or permit 72936
pursuant to section 4510.52 of the Revised Code, shall reissue the 72937
person's license or permit.72938

       (J) Any person whose driver's or commercial driver's license 72939
or permit or nonresident operating privileges are suspended as a 72940
repeat traffic offender under this section and who, during the 72941
suspension, operates any motor vehicle upon any public roads and 72942
highways is guilty of a misdemeanor of the first degree, and the 72943
court shall sentence the offender to a minimum term of three days 72944
in jail. No court shall suspend the first three days of jail time 72945
imposed pursuant to this division.72946

       (K) The registrar, in accordance with specific statutory 72947
authority, may suspend the privilege of driving a motor vehicle on 72948
the public roads and highways of this state that is granted to 72949
nonresidents by section 4507.04 of the Revised Code.72950

       (L) Any(1) Except as provided in division (L)(2) of this 72951
section, any course of remedial driving instruction the director 72952
of public safety approves under this section shall require its 72953
students to attend at least fifty per cent of the course in 72954
person. Theand the director shall not approve any course of 72955
remedial driving instruction that permits its students to take 72956
more than fifty per cent of the course in any other manner, 72957
including via video teleconferencing or the internet.72958

       (2) The director may approve a course of remedial instruction 72959
that permits students to take the entire course via video 72960
teleconferencing. In accordance with division (C) of this section, 72961
upon receiving an application with a certificate or other proof of 72962
completion of a course approved under this division, the registrar 72963
shall approve the two-point reduction.72964

       Sec. 4510.038. (A) Any person whose driver's or commercial 72965
driver's license or permit is suspended or who is granted limited 72966
driving privileges under section 4510.037, under division (H) of 72967
section 4511.19, or under section 4510.07 of the Revised Code for 72968
a violation of a municipal ordinance that is substantially 72969
equivalent to division (B) of section 4511.19 of the Revised Code 72970
is not eligible to retain the license, or to have the driving 72971
privileges reinstated, until each of the following has occurred:72972

       (1) The person successfully completes a course of remedial 72973
driving instruction approved by the director of public safety. A 72974
minimum of twenty-five per cent of the number of hours of 72975
instruction included in the course shall be devoted to instruction 72976
on driver attitude.72977

       The course also shall devote a number of hours to instruction 72978
in the area of alcohol and drugs and the operation of vehicles. 72979
The instruction shall include, but not be limited to, a review of 72980
the laws governing the operation of a vehicle while under the 72981
influence of alcohol, drugs, or a combination of them, the dangers 72982
of operating a vehicle while under the influence of alcohol, 72983
drugs, or a combination of them, and other information relating to 72984
the operation of vehicles and the consumption of alcoholic 72985
beverages and use of drugs. The director, in consultation with the 72986
director of alcohol and drug addiction services, shall prescribe 72987
the content of the instruction. The number of hours devoted to the 72988
area of alcohol and drugs and the operation of vehicles shall 72989
comprise a minimum of twenty-five per cent of the number of hours 72990
of instruction included in the course.72991

       (2) The person is examined in the manner provided for in 72992
section 4507.20 of the Revised Code, and found by the registrar of 72993
motor vehicles to be qualified to operate a motor vehicle;72994

       (3) The person gives and maintains proof of financial 72995
responsibility, in accordance with section 4509.45 of the Revised 72996
Code.72997

       (B) Any(1) Except as provided in division (B)(2) of this 72998
section, any course of remedial driving instruction the director 72999
of public safety approves under this section shall require its 73000
students to attend at least fifty per cent of the course in 73001
person. Theand the director shall not approve any course of 73002
remedial driving instruction that permits its students to take 73003
more than fifty per cent of the course in any other manner, 73004
including via video teleconferencing or the internet.73005

       (2) The director may approve a course of remedial instruction 73006
that permits students to take the entire course via video 73007
teleconferencing or the internet.73008

       Sec. 4511.191.  (A)(1) As used in this section:73009

        (a) "Physical control" has the same meaning as in section 73010
4511.194 of the Revised Code.73011

       (b) "Alcohol monitoring device" means any device that 73012
provides for continuous alcohol monitoring, any ignition interlock 73013
device, any immobilizing or disabling device other than an 73014
ignition interlock device that is constantly available to monitor 73015
the concentration of alcohol in a person's system, or any other 73016
device that provides for the automatic testing and periodic 73017
reporting of alcohol consumption by a person and that a court 73018
orders a person to use as a sanction imposed as a result of the 73019
person's conviction of or plea of guilty to an offense.73020

       (2) Any person who operates a vehicle, streetcar, or 73021
trackless trolley upon a highway or any public or private property 73022
used by the public for vehicular travel or parking within this 73023
state or who is in physical control of a vehicle, streetcar, or 73024
trackless trolley shall be deemed to have given consent to a 73025
chemical test or tests of the person's whole blood, blood serum or 73026
plasma, breath, or urine to determine the alcohol, drug of abuse, 73027
controlled substance, metabolite of a controlled substance, or 73028
combination content of the person's whole blood, blood serum or 73029
plasma, breath, or urine if arrested for a violation of division 73030
(A) or (B) of section 4511.19 of the Revised Code, section 73031
4511.194 of the Revised Code or a substantially equivalent 73032
municipal ordinance, or a municipal OVI ordinance.73033

       (3) The chemical test or tests under division (A)(2) of this 73034
section shall be administered at the request of a law enforcement 73035
officer having reasonable grounds to believe the person was 73036
operating or in physical control of a vehicle, streetcar, or 73037
trackless trolley in violation of a division, section, or 73038
ordinance identified in division (A)(2) of this section. The law 73039
enforcement agency by which the officer is employed shall 73040
designate which of the tests shall be administered.73041

       (4) Any person who is dead or unconscious, or who otherwise 73042
is in a condition rendering the person incapable of refusal, shall 73043
be deemed to have consented as provided in division (A)(2) of this 73044
section, and the test or tests may be administered, subject to 73045
sections 313.12 to 313.16 of the Revised Code.73046

       (5)(a) If a law enforcement officer arrests a person for a 73047
violation of division (A) or (B) of section 4511.19 of the Revised 73048
Code, section 4511.194 of the Revised Code or a substantially 73049
equivalent municipal ordinance, or a municipal OVI ordinance and 73050
if the person if convicted would be required to be sentenced under 73051
division (G)(1)(c), (d), or (e) of section 4511.19 of the Revised 73052
Code, the law enforcement officer shall request the person to 73053
submit, and the person shall submit, to a chemical test or tests 73054
of the person's whole blood, blood serum or plasma, breath, or 73055
urine for the purpose of determining the alcohol, drug of abuse, 73056
controlled substance, metabolite of a controlled substance, or 73057
combination content of the person's whole blood, blood serum or 73058
plasma, breath, or urine. A law enforcement officer who makes a 73059
request pursuant to this division that a person submit to a 73060
chemical test or tests is not required to advise the person of the 73061
consequences of submitting to, or refusing to submit to, the test 73062
or tests and is not required to give the person the form described 73063
in division (B) of section 4511.192 of the Revised Code, but the 73064
officer shall advise the person at the time of the arrest that if 73065
the person refuses to take a chemical test the officer may employ 73066
whatever reasonable means are necessary to ensure that the person 73067
submits to a chemical test of the person's whole blood or blood 73068
serum or plasma. The officer shall also advise the person at the 73069
time of the arrest that the person may have an independent 73070
chemical test taken at the person's own expense. Divisions (A)(3) 73071
and (4) of this section apply to the administration of a chemical 73072
test or tests pursuant to this division.73073

       (b) If a person refuses to submit to a chemical test upon a 73074
request made pursuant to division (A)(5)(a) of this section, the 73075
law enforcement officer who made the request may employ whatever 73076
reasonable means are necessary to ensure that the person submits 73077
to a chemical test of the person's whole blood or blood serum or 73078
plasma. A law enforcement officer who acts pursuant to this 73079
division to ensure that a person submits to a chemical test of the 73080
person's whole blood or blood serum or plasma is immune from 73081
criminal and civil liability based upon a claim for assault and 73082
battery or any other claim for the acts, unless the officer so 73083
acted with malicious purpose, in bad faith, or in a wanton or 73084
reckless manner.73085

       (B)(1) Upon receipt of the sworn report of a law enforcement 73086
officer who arrested a person for a violation of division (A) or 73087
(B) of section 4511.19 of the Revised Code, section 4511.194 of 73088
the Revised Code or a substantially equivalent municipal 73089
ordinance, or a municipal OVI ordinance that was completed and 73090
sent to the registrar and a court pursuant to section 4511.192 of 73091
the Revised Code in regard to a person who refused to take the 73092
designated chemical test, the registrar shall enter into the 73093
registrar's records the fact that the person's driver's or 73094
commercial driver's license or permit or nonresident operating 73095
privilege was suspended by the arresting officer under this 73096
division and that section and the period of the suspension, as 73097
determined under this section. The suspension shall be subject to 73098
appeal as provided in section 4511.197 of the Revised Code. The 73099
suspension shall be for whichever of the following periods 73100
applies:73101

       (a) Except when division (B)(1)(b), (c), or (d) of this 73102
section applies and specifies a different class or length of 73103
suspension, the suspension shall be a class C suspension for the 73104
period of time specified in division (B)(3) of section 4510.02 of 73105
the Revised Code.73106

       (b) If the arrested person, within six years of the date on 73107
which the person refused the request to consent to the chemical 73108
test, had refused one previous request to consent to a chemical 73109
test or had been convicted of or pleaded guilty to one violation 73110
of division (A) or (B) of section 4511.19 of the Revised Code or 73111
one other equivalent offense, the suspension shall be a class B 73112
suspension imposed for the period of time specified in division 73113
(B)(2) of section 4510.02 of the Revised Code.73114

       (c) If the arrested person, within six years of the date on 73115
which the person refused the request to consent to the chemical 73116
test, had refused two previous requests to consent to a chemical 73117
test, had been convicted of or pleaded guilty to two violations of 73118
division (A) or (B) of section 4511.19 of the Revised Code or 73119
other equivalent offenses, or had refused one previous request to 73120
consent to a chemical test and also had been convicted of or 73121
pleaded guilty to one violation of division (A) or (B) of section 73122
4511.19 of the Revised Code or other equivalent offenses, which 73123
violation or offense arose from an incident other than the 73124
incident that led to the refusal, the suspension shall be a class 73125
A suspension imposed for the period of time specified in division 73126
(B)(1) of section 4510.02 of the Revised Code.73127

       (d) If the arrested person, within six years of the date on 73128
which the person refused the request to consent to the chemical 73129
test, had refused three or more previous requests to consent to a 73130
chemical test, had been convicted of or pleaded guilty to three or 73131
more violations of division (A) or (B) of section 4511.19 of the 73132
Revised Code or other equivalent offenses, or had refused a number 73133
of previous requests to consent to a chemical test and also had 73134
been convicted of or pleaded guilty to a number of violations of 73135
division (A) or (B) of section 4511.19 of the Revised Code or 73136
other equivalent offenses that cumulatively total three or more 73137
such refusals, convictions, and guilty pleas, the suspension shall 73138
be for five years.73139

       (2) The registrar shall terminate a suspension of the 73140
driver's or commercial driver's license or permit of a resident or 73141
of the operating privilege of a nonresident, or a denial of a 73142
driver's or commercial driver's license or permit, imposed 73143
pursuant to division (B)(1) of this section upon receipt of notice 73144
that the person has entered a plea of guilty to, or that the 73145
person has been convicted after entering a plea of no contest to, 73146
operating a vehicle in violation of section 4511.19 of the Revised 73147
Code or in violation of a municipal OVI ordinance, if the offense 73148
for which the conviction is had or the plea is entered arose from 73149
the same incident that led to the suspension or denial.73150

       The registrar shall credit against any judicial suspension of 73151
a person's driver's or commercial driver's license or permit or 73152
nonresident operating privilege imposed pursuant to section 73153
4511.19 of the Revised Code, or pursuant to section 4510.07 of the 73154
Revised Code for a violation of a municipal OVI ordinance, any 73155
time during which the person serves a related suspension imposed 73156
pursuant to division (B)(1) of this section.73157

       (C)(1) Upon receipt of the sworn report of the law 73158
enforcement officer who arrested a person for a violation of 73159
division (A) or (B) of section 4511.19 of the Revised Code or a 73160
municipal OVI ordinance that was completed and sent to the 73161
registrar and a court pursuant to section 4511.192 of the Revised 73162
Code in regard to a person whose test results indicate that the 73163
person's whole blood, blood serum or plasma, breath, or urine 73164
contained at least the concentration of alcohol specified in 73165
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the 73166
Revised Code or at least the concentration of a listed controlled 73167
substance or a listed metabolite of a controlled substance 73168
specified in division (A)(1)(j) of section 4511.19 of the Revised 73169
Code, the registrar shall enter into the registrar's records the 73170
fact that the person's driver's or commercial driver's license or 73171
permit or nonresident operating privilege was suspended by the 73172
arresting officer under this division and section 4511.192 of the 73173
Revised Code and the period of the suspension, as determined under 73174
divisions (C)(1)(a) to (d) of this section. The suspension shall 73175
be subject to appeal as provided in section 4511.197 of the 73176
Revised Code. The suspension described in this division does not 73177
apply to, and shall not be imposed upon, a person arrested for a 73178
violation of section 4511.194 of the Revised Code or a 73179
substantially equivalent municipal ordinance who submits to a 73180
designated chemical test. The suspension shall be for whichever of 73181
the following periods applies:73182

       (a) Except when division (C)(1)(b), (c), or (d) of this 73183
section applies and specifies a different period, the suspension 73184
shall be a class E suspension imposed for the period of time 73185
specified in division (B)(5) of section 4510.02 of the Revised 73186
Code.73187

       (b) The suspension shall be a class C suspension for the 73188
period of time specified in division (B)(3) of section 4510.02 of 73189
the Revised Code if the person has been convicted of or pleaded 73190
guilty to, within six years of the date the test was conducted, 73191
one violation of division (A) or (B) of section 4511.19 of the 73192
Revised Code or one other equivalent offense.73193

       (c) If, within six years of the date the test was conducted, 73194
the person has been convicted of or pleaded guilty to two 73195
violations of a statute or ordinance described in division 73196
(C)(1)(b) of this section, the suspension shall be a class B 73197
suspension imposed for the period of time specified in division 73198
(B)(2) of section 4510.02 of the Revised Code.73199

       (d) If, within six years of the date the test was conducted, 73200
the person has been convicted of or pleaded guilty to more than 73201
two violations of a statute or ordinance described in division 73202
(C)(1)(b) of this section, the suspension shall be a class A 73203
suspension imposed for the period of time specified in division 73204
(B)(1) of section 4510.02 of the Revised Code.73205

       (2) The registrar shall terminate a suspension of the 73206
driver's or commercial driver's license or permit of a resident or 73207
of the operating privilege of a nonresident, or a denial of a 73208
driver's or commercial driver's license or permit, imposed 73209
pursuant to division (C)(1) of this section upon receipt of notice 73210
that the person has entered a plea of guilty to, or that the 73211
person has been convicted after entering a plea of no contest to, 73212
operating a vehicle in violation of section 4511.19 of the Revised 73213
Code or in violation of a municipal OVI ordinance, if the offense 73214
for which the conviction is had or the plea is entered arose from 73215
the same incident that led to the suspension or denial.73216

       The registrar shall credit against any judicial suspension of 73217
a person's driver's or commercial driver's license or permit or 73218
nonresident operating privilege imposed pursuant to section 73219
4511.19 of the Revised Code, or pursuant to section 4510.07 of the 73220
Revised Code for a violation of a municipal OVI ordinance, any 73221
time during which the person serves a related suspension imposed 73222
pursuant to division (C)(1) of this section.73223

       (D)(1) A suspension of a person's driver's or commercial 73224
driver's license or permit or nonresident operating privilege 73225
under this section for the time described in division (B) or (C) 73226
of this section is effective immediately from the time at which 73227
the arresting officer serves the notice of suspension upon the 73228
arrested person. Any subsequent finding that the person is not 73229
guilty of the charge that resulted in the person being requested 73230
to take the chemical test or tests under division (A) of this 73231
section does not affect the suspension.73232

       (2) If a person is arrested for operating a vehicle, 73233
streetcar, or trackless trolley in violation of division (A) or 73234
(B) of section 4511.19 of the Revised Code or a municipal OVI 73235
ordinance, or for being in physical control of a vehicle, 73236
streetcar, or trackless trolley in violation of section 4511.194 73237
of the Revised Code or a substantially equivalent municipal 73238
ordinance, regardless of whether the person's driver's or 73239
commercial driver's license or permit or nonresident operating 73240
privilege is or is not suspended under division (B) or (C) of this 73241
section or Chapter 4510. of the Revised Code, the person's initial 73242
appearance on the charge resulting from the arrest shall be held 73243
within five days of the person's arrest or the issuance of the 73244
citation to the person, subject to any continuance granted by the 73245
court pursuant to section 4511.197 of the Revised Code regarding 73246
the issues specified in that division.73247

       (E) When it finally has been determined under the procedures 73248
of this section and sections 4511.192 to 4511.197 of the Revised 73249
Code that a nonresident's privilege to operate a vehicle within 73250
this state has been suspended, the registrar shall give 73251
information in writing of the action taken to the motor vehicle 73252
administrator of the state of the person's residence and of any 73253
state in which the person has a license.73254

       (F) At the end of a suspension period under this section, 73255
under section 4511.194, section 4511.196, or division (G) of 73256
section 4511.19 of the Revised Code, or under section 4510.07 of 73257
the Revised Code for a violation of a municipal OVI ordinance and 73258
upon the request of the person whose driver's or commercial 73259
driver's license or permit was suspended and who is not otherwise 73260
subject to suspension, cancellation, or disqualification, the 73261
registrar shall return the driver's or commercial driver's license 73262
or permit to the person upon the occurrence of all of the 73263
conditions specified in divisions (F)(1) and (2) of this section:73264

       (1) A showing that the person has proof of financial 73265
responsibility, a policy of liability insurance in effect that 73266
meets the minimum standards set forth in section 4509.51 of the 73267
Revised Code, or proof, to the satisfaction of the registrar, that 73268
the person is able to respond in damages in an amount at least 73269
equal to the minimum amounts specified in section 4509.51 of the 73270
Revised Code.73271

       (2) Subject to the limitation contained in division (F)(3) of 73272
this section, payment by the person to the registrar of motor 73273
vehicles or an eligible deputy registrar of a license 73274
reinstatement fee of four hundred seventy-five dollars, which fee 73275
shall be deposited in the state treasury and credited as follows:73276

       (a) One hundred twelve dollars and fifty cents shall be 73277
credited to the statewide treatment and prevention fund created by 73278
section 4301.30 of the Revised Code. TheMoney credited to the73279
fund under this section shall be used to pay the costs of driver 73280
treatment and intervention programs operated pursuant to sections 73281
3793.02 and 3793.10for purposes identified in the comprehensive 73282
statewide alcohol and drug addiction services plan developed under 73283
section 3793.04 of the Revised Code. The director of alcohol and 73284
drug addiction services shall determine the share of the fund that 73285
is to be allocated to alcohol and drug addiction programs 73286
authorized by section 3793.02 of the Revised Code, and the share 73287
of the fund that is to be allocated to drivers' intervention 73288
programs authorized by section 3793.10 of the Revised Code.73289

       (b) Seventy-five dollars shall be credited to the reparations 73290
fund created by section 2743.191 of the Revised Code.73291

       (c) Thirty-seven dollars and fifty cents shall be credited to 73292
the indigent drivers alcohol treatment fund, which is hereby 73293
established in the state treasury. Except as otherwise provided in 73294
division (F)(2)(c) of this section, moneys in the fund shall be 73295
distributed by the department of alcohol and drug addiction 73296
services to the county indigent drivers alcohol treatment funds, 73297
the county juvenile indigent drivers alcohol treatment funds, and 73298
the municipal indigent drivers alcohol treatment funds that are 73299
required to be established by counties and municipal corporations 73300
pursuant to division (H) of this section, and shall be used only 73301
to pay the cost of an alcohol and drug addiction treatment program 73302
attended by an offender or juvenile traffic offender who is 73303
ordered to attend an alcohol and drug addiction treatment program 73304
by a county, juvenile, or municipal court judge and who is 73305
determined by the county, juvenile, or municipal court judge not 73306
to have the means to pay for the person's attendance at the 73307
program or to pay the costs specified in division (H)(4) of this 73308
section in accordance with that division. In addition, a county, 73309
juvenile, or municipal court judge may use moneys in the county 73310
indigent drivers alcohol treatment fund, county juvenile indigent 73311
drivers alcohol treatment fund, or municipal indigent drivers 73312
alcohol treatment fund to pay for the cost of the continued use of 73313
an alcohol monitoring device as described in divisions (H)(3) and 73314
(4) of this section. Moneys in the fund that are not distributed 73315
to a county indigent drivers alcohol treatment fund, a county 73316
juvenile indigent drivers alcohol treatment fund, or a municipal 73317
indigent drivers alcohol treatment fund under division (H) of this 73318
section because the director of alcohol and drug addiction 73319
services does not have the information necessary to identify the 73320
county or municipal corporation where the offender or juvenile 73321
offender was arrested may be transferred by the director of budget 73322
and management to the statewide treatment and prevention fund 73323
created by section 4301.30 of the Revised Code, upon certification 73324
of the amount by the director of alcohol and drug addiction 73325
services.73326

       (d) Seventy-five dollars shall be credited to the Ohio 73327
rehabilitation services commission established by section 3304.12 73328
of the Revised Code, to the services for rehabilitation fund, 73329
which is hereby established. The fund shall be used to match 73330
available federal matching funds where appropriate, and for any 73331
other purpose or program of the commission to rehabilitate people 73332
with disabilities to help them become employed and independent.73333

       (e) Seventy-five dollars shall be deposited into the state 73334
treasury and credited to the drug abuse resistance education 73335
programs fund, which is hereby established, to be used by the 73336
attorney general for the purposes specified in division (F)(4) of 73337
this section.73338

       (f) Thirty dollars shall be credited to the state bureau of 73339
motor vehicles fund created by section 4501.25 of the Revised 73340
Code.73341

       (g) Twenty dollars shall be credited to the trauma and 73342
emergency medical services grants fund created by section 4513.263 73343
of the Revised Code.73344

       (h) Fifty dollars shall be credited to the indigent drivers 73345
interlock and alcohol monitoring fund, which is hereby established 73346
in the state treasury. MoniesMoneys in the fund shall be 73347
distributed by the department of public safety to the county 73348
indigent drivers interlock and alcohol monitoring funds, the 73349
county juvenile indigent drivers interlock and alcohol monitoring 73350
funds, and the municipal indigent drivers interlock and alcohol 73351
monitoring funds that are required to be established by counties 73352
and municipal corporations pursuant to this section, and shall be 73353
used only to pay the cost of an immobilizing or disabling device, 73354
including a certified ignition interlock device, or an alcohol 73355
monitoring device used by an offender or juvenile offender who is 73356
ordered to use the device by a county, juvenile, or municipal 73357
court judge and who is determined by the county, juvenile, or 73358
municipal court judge not to have the means to pay for the 73359
person's use of the device.73360

       (3) If a person's driver's or commercial driver's license or 73361
permit is suspended under this section, under section 4511.196 or 73362
division (G) of section 4511.19 of the Revised Code, under section 73363
4510.07 of the Revised Code for a violation of a municipal OVI 73364
ordinance or under any combination of the suspensions described in 73365
division (F)(3) of this section, and if the suspensions arise from 73366
a single incident or a single set of facts and circumstances, the 73367
person is liable for payment of, and shall be required to pay to 73368
the registrar or an eligible deputy registrar, only one 73369
reinstatement fee of four hundred seventy-five dollars. The 73370
reinstatement fee shall be distributed by the bureau in accordance 73371
with division (F)(2) of this section.73372

       (4) The attorney general shall use amounts in the drug abuse 73373
resistance education programs fund to award grants to law 73374
enforcement agencies to establish and implement drug abuse 73375
resistance education programs in public schools. Grants awarded to 73376
a law enforcement agency under this section shall be used by the 73377
agency to pay for not more than fifty per cent of the amount of 73378
the salaries of law enforcement officers who conduct drug abuse 73379
resistance education programs in public schools. The attorney 73380
general shall not use more than six per cent of the amounts the 73381
attorney general's office receives under division (F)(2)(e) of 73382
this section to pay the costs it incurs in administering the grant 73383
program established by division (F)(2)(e) of this section and in 73384
providing training and materials relating to drug abuse resistance 73385
education programs.73386

       The attorney general shall report to the governor and the 73387
general assembly each fiscal year on the progress made in 73388
establishing and implementing drug abuse resistance education 73389
programs. These reports shall include an evaluation of the 73390
effectiveness of these programs.73391

       (5) In addition to the reinstatement fee under this section, 73392
if the person pays the reinstatement fee to a deputy registrar, 73393
the deputy registrar shall collect a service fee of ten dollars to 73394
compensate the deputy registrar for services performed under this 73395
section. The deputy registrar shall retain eight dollars of the 73396
service fee and shall transmit the reinstatement fee, plus two 73397
dollars of the service fee, to the registrar in the manner the 73398
registrar shall determine.73399

       (G) Suspension of a commercial driver's license under 73400
division (B) or (C) of this section shall be concurrent with any 73401
period of disqualification under section 3123.611 or 4506.16 of 73402
the Revised Code or any period of suspension under section 3123.58 73403
of the Revised Code. No person who is disqualified for life from 73404
holding a commercial driver's license under section 4506.16 of the 73405
Revised Code shall be issued a driver's license under Chapter 73406
4507. of the Revised Code during the period for which the 73407
commercial driver's license was suspended under division (B) or 73408
(C) of this section. No person whose commercial driver's license 73409
is suspended under division (B) or (C) of this section shall be 73410
issued a driver's license under Chapter 4507. of the Revised Code 73411
during the period of the suspension.73412

       (H)(1) Each county shall establish an indigent drivers 73413
alcohol treatment fund, each county shall establish a juvenile 73414
indigent drivers alcohol treatment fund, and each municipal 73415
corporation in which there is a municipal court shall establish an 73416
indigent drivers alcohol treatment fund. All revenue that the 73417
general assembly appropriates to the indigent drivers alcohol 73418
treatment fund for transfer to a county indigent drivers alcohol 73419
treatment fund, a county juvenile indigent drivers alcohol 73420
treatment fund, or a municipal indigent drivers alcohol treatment 73421
fund, all portions of fees that are paid under division (F) of 73422
this section and that are credited under that division to the 73423
indigent drivers alcohol treatment fund in the state treasury for 73424
a county indigent drivers alcohol treatment fund, a county 73425
juvenile indigent drivers alcohol treatment fund, or a municipal 73426
indigent drivers alcohol treatment fund, all portions of 73427
additional costs imposed under section 2949.094 of the Revised 73428
Code that are specified for deposit into a county, county 73429
juvenile, or municipal indigent drivers alcohol treatment fund by 73430
that section, and all portions of fines that are specified for 73431
deposit into a county or municipal indigent drivers alcohol 73432
treatment fund by section 4511.193 of the Revised Code shall be 73433
deposited into that county indigent drivers alcohol treatment 73434
fund, county juvenile indigent drivers alcohol treatment fund, or 73435
municipal indigent drivers alcohol treatment fund. The portions of 73436
the fees paid under division (F) of this section that are to be so 73437
deposited shall be determined in accordance with division (H)(2) 73438
of this section. Additionally, all portions of fines that are paid 73439
for a violation of section 4511.19 of the Revised Code or of any 73440
prohibition contained in Chapter 4510. of the Revised Code, and 73441
that are required under section 4511.19 or any provision of 73442
Chapter 4510. of the Revised Code to be deposited into a county 73443
indigent drivers alcohol treatment fund or municipal indigent 73444
drivers alcohol treatment fund shall be deposited into the 73445
appropriate fund in accordance with the applicable division of the 73446
section or provision.73447

       (2) That portion of the license reinstatement fee that is 73448
paid under division (F) of this section and that is credited under 73449
that division to the indigent drivers alcohol treatment fund shall 73450
be deposited into a county indigent drivers alcohol treatment 73451
fund, a county juvenile indigent drivers alcohol treatment fund, 73452
or a municipal indigent drivers alcohol treatment fund as follows:73453

       (a) Regarding a suspension imposed under this section, that 73454
portion of the fee shall be deposited as follows:73455

       (i) If the fee is paid by a person who was charged in a 73456
county court with the violation that resulted in the suspension or 73457
in the imposition of the court costs, the portion shall be 73458
deposited into the county indigent drivers alcohol treatment fund 73459
under the control of that court;73460

       (ii) If the fee is paid by a person who was charged in a 73461
juvenile court with the violation that resulted in the suspension 73462
or in the imposition of the court costs, the portion shall be 73463
deposited into the county juvenile indigent drivers alcohol 73464
treatment fund established in the county served by the court;73465

       (iii) If the fee is paid by a person who was charged in a 73466
municipal court with the violation that resulted in the suspension 73467
or in the imposition of the court costs, the portion shall be 73468
deposited into the municipal indigent drivers alcohol treatment 73469
fund under the control of that court.73470

       (b) Regarding a suspension imposed under section 4511.19 of 73471
the Revised Code or under section 4510.07 of the Revised Code for 73472
a violation of a municipal OVI ordinance, that portion of the fee 73473
shall be deposited as follows:73474

       (i) If the fee is paid by a person whose license or permit 73475
was suspended by a county court, the portion shall be deposited 73476
into the county indigent drivers alcohol treatment fund under the 73477
control of that court;73478

       (ii) If the fee is paid by a person whose license or permit 73479
was suspended by a municipal court, the portion shall be deposited 73480
into the municipal indigent drivers alcohol treatment fund under 73481
the control of that court.73482

       (3) Expenditures from a county indigent drivers alcohol 73483
treatment fund, a county juvenile indigent drivers alcohol 73484
treatment fund, or a municipal indigent drivers alcohol treatment 73485
fund shall be made only upon the order of a county, juvenile, or 73486
municipal court judge and only for payment of the cost of an 73487
assessment or the cost of the attendance at an alcohol and drug 73488
addiction treatment program of a person who is convicted of, or 73489
found to be a juvenile traffic offender by reason of, a violation 73490
of division (A) of section 4511.19 of the Revised Code or a 73491
substantially similar municipal ordinance, who is ordered by the 73492
court to attend the alcohol and drug addiction treatment program, 73493
and who is determined by the court to be unable to pay the cost of 73494
the assessment or the cost of attendance at the treatment program 73495
or for payment of the costs specified in division (H)(4) of this 73496
section in accordance with that division. The alcohol and drug 73497
addiction services board or the board of alcohol, drug addiction, 73498
and mental health services established pursuant to section 340.02 73499
or 340.021 of the Revised Code and serving the alcohol, drug 73500
addiction, and mental health service district in which the court 73501
is located shall administer the indigent drivers alcohol treatment 73502
program of the court. When a court orders an offender or juvenile 73503
traffic offender to obtain an assessment or attend an alcohol and 73504
drug addiction treatment program, the board shall determine which 73505
program is suitable to meet the needs of the offender or juvenile 73506
traffic offender, and when a suitable program is located and space 73507
is available at the program, the offender or juvenile traffic 73508
offender shall attend the program designated by the board. A 73509
reasonable amount not to exceed five per cent of the amounts 73510
credited to and deposited into the county indigent drivers alcohol 73511
treatment fund, the county juvenile indigent drivers alcohol 73512
treatment fund, or the municipal indigent drivers alcohol 73513
treatment fund serving every court whose program is administered 73514
by that board shall be paid to the board to cover the costs it 73515
incurs in administering those indigent drivers alcohol treatment 73516
programs.73517

       In addition, upon exhaustion of moneys in the indigent 73518
drivers interlock and alcohol monitoring fund for the use of an 73519
alcohol monitoring device, a county, juvenile, or municipal court 73520
judge may use moneys in the county indigent drivers alcohol 73521
treatment fund, county juvenile indigent drivers alcohol treatment 73522
fund, or municipal indigent drivers alcohol treatment fund in the 73523
following manners:73524

       (a) If the source of the moneys was an appropriation of the 73525
general assembly, a portion of a fee that was paid under division 73526
(F) of this section, a portion of a fine that was specified for 73527
deposit into the fund by section 4511.193 of the Revised Code, or 73528
a portion of a fine that was paid for a violation of section 73529
4511.19 of the Revised Code or of a provision contained in Chapter 73530
4510. of the Revised Code that was required to be deposited into 73531
the fund, to pay for the continued use of an alcohol monitoring 73532
device by an offender or juvenile traffic offender, in conjunction 73533
with a treatment program approved by the department of alcohol and 73534
drug addiction services, when such use is determined clinically 73535
necessary by the treatment program and when the court determines 73536
that the offender or juvenile traffic offender is unable to pay 73537
all or part of the daily monitoring or cost of the device;73538

       (b) If the source of the moneys was a portion of an 73539
additional court cost imposed under section 2949.094 of the 73540
Revised Code, to pay for the continued use of an alcohol 73541
monitoring device by an offender or juvenile traffic offender when 73542
the court determines that the offender or juvenile traffic 73543
offender is unable to pay all or part of the daily monitoring or 73544
cost of the device. The moneys may be used for a device as 73545
described in this division if the use of the device is in 73546
conjunction with a treatment program approved by the department of 73547
alcohol and drug addiction services, when the use of the device is 73548
determined clinically necessary by the treatment program, but the 73549
use of a device is not required to be in conjunction with a 73550
treatment program approved by the department in order for the 73551
moneys to be used for the device as described in this division.73552

       (4) If a county, juvenile, or municipal court determines, in 73553
consultation with the alcohol and drug addiction services board or 73554
the board of alcohol, drug addiction, and mental health services 73555
established pursuant to section 340.02 or 340.021 of the Revised 73556
Code and serving the alcohol, drug addiction, and mental health 73557
district in which the court is located, that the funds in the 73558
county indigent drivers alcohol treatment fund, the county 73559
juvenile indigent drivers alcohol treatment fund, or the municipal 73560
indigent drivers alcohol treatment fund under the control of the 73561
court are more than sufficient to satisfy the purpose for which 73562
the fund was established, as specified in divisions (H)(1) to (3) 73563
of this section, the court may declare a surplus in the fund. If 73564
the court declares a surplus in the fund, the court may expend the 73565
amount of the surplus in the fund for:73566

       (a) Alcohol and drug abuse assessment and treatment of 73567
persons who are charged in the court with committing a criminal 73568
offense or with being a delinquent child or juvenile traffic 73569
offender and in relation to whom both of the following apply:73570

       (i) The court determines that substance abuse was a 73571
contributing factor leading to the criminal or delinquent activity 73572
or the juvenile traffic offense with which the person is charged.73573

       (ii) The court determines that the person is unable to pay 73574
the cost of the alcohol and drug abuse assessment and treatment 73575
for which the surplus money will be used.73576

       (b) All or part of the cost of purchasing alcohol monitoring 73577
devices to be used in conjunction with division (H)(3) of this 73578
section, upon exhaustion of moneys in the indigent drivers 73579
interlock and alcohol monitoring fund for the use of an alcohol 73580
monitoring device.73581

       (5) For the purpose of determining as described in division 73582
(F)(2)(c) of this section whether an offender does not have the 73583
means to pay for the offender's attendance at an alcohol and drug 73584
addiction treatment program or whether an alleged offender or 73585
delinquent child is unable to pay the costs specified in division 73586
(H)(4) of this section, the court shall use the indigent client 73587
eligibility guidelines and the standards of indigency established 73588
by the state public defender to make the determination.73589

       (6) The court shall identify and refer any alcohol and drug 73590
addiction program that is not certified under section 3793.06 of 73591
the Revised Code and that is interested in receiving amounts from 73592
the surplus in the fund declared under division (H)(4) of this 73593
section to the department of alcohol and drug addiction services 73594
in order for the program to become a certified alcohol and drug 73595
addiction program. The department shall keep a record of applicant 73596
referrals received pursuant to this division and shall submit a 73597
report on the referrals each year to the general assembly. If a 73598
program interested in becoming certified makes an application to 73599
become certified pursuant to section 3793.06 of the Revised Code, 73600
the program is eligible to receive surplus funds as long as the 73601
application is pending with the department. The department of 73602
alcohol and drug addiction services must offer technical 73603
assistance to the applicant. If the interested program withdraws 73604
the certification application, the department must notify the 73605
court, and the court shall not provide the interested program with 73606
any further surplus funds.73607

       (7)(a) Each alcohol and drug addiction services board and 73608
board of alcohol, drug addiction, and mental health services 73609
established pursuant to section 340.02 or 340.021 of the Revised 73610
Code shall submit to the department of alcohol and drug addiction 73611
services an annual report for each indigent drivers alcohol 73612
treatment fund in that board's area. 73613

       (b) The report, which shall be submitted not later than sixty 73614
days after the end of the state fiscal year, shall provide the 73615
total payment that was made from the fund, including the number of 73616
indigent consumers that received treatment services and the number 73617
of indigent consumers that received an alcohol monitoring device. 73618
The report shall identify the treatment program and expenditure 73619
for an alcohol monitoring device for which that payment was made. 73620
The report shall include the fiscal year balance of each indigent 73621
drivers alcohol treatment fund located in that board's area. In 73622
the event that a surplus is declared in the fund pursuant to 73623
division (H)(4) of this section, the report also shall provide the 73624
total payment that was made from the surplus moneys and identify 73625
the treatment program and expenditure for an alcohol monitoring 73626
device for which that payment was made. The department may require 73627
additional information necessary to complete the comprehensive 73628
statewide alcohol and drug addiction services plan as required by 73629
section 3793.04 of the Revised Code.73630

       (c) If a board is unable to obtain adequate information to 73631
develop the report to submit to the department for a particular 73632
indigent drivers alcohol treatment fund, the board shall submit a 73633
report detailing the effort made in obtaining the information.73634

       (I)(1) Each county shall establish an indigent drivers 73635
interlock and alcohol monitoring fund and a juvenile indigent 73636
drivers interlock and alcohol treatment fund, and each municipal 73637
corporation in which there is a municipal court shall establish an 73638
indigent drivers interlock and alcohol monitoring fund. All 73639
revenue that the general assembly appropriates to the indigent 73640
drivers interlock and alcohol monitoring fund for transfer to a 73641
county indigent drivers interlock and alcohol monitoring fund, a 73642
county juvenile indigent drivers interlock and alcohol monitoring 73643
fund, or a municipal indigent drivers interlock and alcohol 73644
monitoring fund, all portions of license reinstatement fees that 73645
are paid under division (F)(2) of this section and that are 73646
credited under that division to the indigent drivers interlock and 73647
alcohol monitoring fund in the state treasury, and all portions of 73648
fines that are paid under division (G) of section 4511.19 of the 73649
Revised Code and that are credited by division (G)(5)(e) of that 73650
section to the indigent drivers interlock and alcohol monitoring 73651
fund in the state treasury shall be deposited in the appropriate 73652
fund in accordance with division (I)(2) of this section.73653

       (2) That portion of the license reinstatement fee that is 73654
paid under division (F) of this section and that portion of the 73655
fine paid under division (G) of section 4511.19 of the Revised 73656
Code and that is credited under either division to the indigent 73657
drivers interlock and alcohol monitoring fund shall be deposited 73658
into a county indigent drivers interlock and alcohol monitoring 73659
fund, a county juvenile indigent drivers interlock and alcohol 73660
monitoring fund, or a municipal indigent drivers interlock and 73661
alcohol monitoring fund as follows:73662

       (a) If the fee or fine is paid by a person who was charged in 73663
a county court with the violation that resulted in the suspension 73664
or fine, the portion shall be deposited into the county indigent 73665
drivers interlock and alcohol monitoring fund under the control of 73666
that court.73667

       (b) If the fee or fine is paid by a person who was charged in 73668
a juvenile court with the violation that resulted in the 73669
suspension or fine, the portion shall be deposited into the county 73670
juvenile indigent drivers interlock and alcohol monitoring fund 73671
established in the county served by the court.73672

       (c) If the fee or fine is paid by a person who was charged in 73673
a municipal court with the violation that resulted in the 73674
suspension, the portion shall be deposited into the municipal 73675
indigent drivers interlock and alcohol monitoring fund under the 73676
control of that court.73677

       Sec. 4511.193.  (A) Twenty-five dollars of any fine imposed 73678
for a violation of a municipal OVI ordinance shall be deposited 73679
into the municipal or county indigent drivers alcohol treatment 73680
fund created pursuant to division (H) of section 4511.191 of the 73681
Revised Code in accordance with this section and section 733.40, 73682
divisions (A) and, (B), and (C) of section 1901.024, division (F) 73683
of section 1901.31, or division (C) of section 1907.20 of the 73684
Revised Code. Regardless of whether the fine is imposed by a 73685
municipal court, a mayor's court, or a juvenile court, if the fine 73686
was imposed for a violation of an ordinance of a municipal 73687
corporation that is within the jurisdiction of a county-operated 73688
municipal court or a municipal court that is not a county-operated 73689
municipal court, the twenty-five dollars that is subject to this 73690
section shall be deposited into the indigent drivers alcohol 73691
treatment fund of the county in which that municipal corporation 73692
is located if the municipal court that has jurisdiction over that 73693
municipal corporation is a county-operated municipal court or of 73694
the municipal corporation in which is located the municipal court 73695
that has jurisdiction over that municipal corporation if that 73696
municipal court is not a county-operated municipal court. 73697
Regardless of whether the fine is imposed by a county court, a 73698
mayor's court, or a juvenile court, if the fine was imposed for a 73699
violation of an ordinance of a municipal corporation that is 73700
within the jurisdiction of a county court, the twenty-five dollars 73701
that is subject to this section shall be deposited into the 73702
indigent drivers alcohol treatment fund of the county in which is 73703
located the county court that has jurisdiction over that municipal 73704
corporation. The deposit shall be made in accordance with section 73705
733.40, divisions (A) and, (B), and (C) of section 1901.024, 73706
division (F) of section 1901.31, or division (C) of section 73707
1907.20 of the Revised Code.73708

       (B) Any court cost imposed as a result of a violation of a 73709
municipal ordinance that is a moving violation and designated for 73710
an indigent drivers alcohol treatment fund established pursuant to 73711
division (H) of section 4511.191 of the Revised Code shall be 73712
deposited into the municipal or county indigent drivers alcohol 73713
treatment fund created pursuant to division (H) of section 73714
4511.191 of the Revised Code in accordance with this section and 73715
section 733.40, divisions (A), (B), and (C) of section 1901.024, 73716
division (F) of section 1901.31, or division (C) of section 73717
1907.20 of the Revised Code. Regardless of whether the court cost 73718
is imposed by a municipal court, a mayor's court, or a juvenile 73719
court, if the court cost was imposed for a violation of an 73720
ordinance of a municipal corporation that is within the 73721
jurisdiction of a county-operated municipal court or a municipal 73722
court that is not a county-operated municipal court, the court 73723
cost that is subject to this section shall be deposited into the 73724
indigent drivers alcohol treatment fund of the county in which 73725
that municipal corporation is located if the municipal court that 73726
has jurisdiction over that municipal corporation is a 73727
county-operated municipal court or of the municipal corporation in 73728
which is located the municipal court that has jurisdiction over 73729
that municipal corporation if that municipal court is not a 73730
county-operated municipal court. Regardless of whether the court 73731
cost is imposed by a county court, a mayor's court, or a juvenile 73732
court, if the court cost was imposed for a violation of an 73733
ordinance of a municipal corporation that is within the 73734
jurisdiction of a county court, the court cost that is subject to 73735
this section shall be deposited into the indigent drivers alcohol 73736
treatment fund of the county in which is located the county court 73737
that has jurisdiction over that municipal corporation. The deposit 73738
shall be made in accordance with section 733.40, divisions (A), 73739
(B), and (C) of section 1901.024, division (F) of section 1901.31, 73740
or division (C) of section 1907.20 of the Revised Code.73741

       (C)(1) The requirements and sanctions imposed by divisions73742
(B)(C)(1) and (2) of this section are an adjunct to and derive 73743
from the state's exclusive authority over the registration and 73744
titling of motor vehicles and do not comprise a part of the 73745
criminal sentence to be imposed upon a person who violates a 73746
municipal OVI ordinance.73747

       (2) If a person is convicted of or pleads guilty to a 73748
violation of a municipal OVI ordinance, if the vehicle the 73749
offender was operating at the time of the offense is registered in 73750
the offender's name, and if, within six years of the current 73751
offense, the offender has been convicted of or pleaded guilty to 73752
one or more violations of division (A) or (B) of section 4511.19 73753
of the Revised Code or one or more other equivalent offenses, the 73754
court, in addition to and independent of any sentence that it 73755
imposes upon the offender for the offense, shall do whichever of 73756
the following is applicable:73757

       (a) Except as otherwise provided in division (B)(C)(2)(b) of 73758
this section, if, within six years of the current offense, the 73759
offender has been convicted of or pleaded guilty to one violation 73760
described in division (B)(C)(2) of this section, the court shall 73761
order the immobilization for ninety days of that vehicle and the 73762
impoundment for ninety days of the license plates of that vehicle. 73763
The order for the immobilization and impoundment shall be issued 73764
and enforced in accordance with section 4503.233 of the Revised 73765
Code.73766

       (b) If, within six years of the current offense, the offender 73767
has been convicted of or pleaded guilty to two or more violations 73768
described in division (B)(C)(2) of this section, or if the 73769
offender previously has been convicted of or pleaded guilty to a 73770
violation of division (A) of section 4511.19 of the Revised Code 73771
under circumstances in which the violation was a felony and 73772
regardless of when the violation and the conviction or guilty plea 73773
occurred, the court shall order the criminal forfeiture to the 73774
state of that vehicle. The order of criminal forfeiture shall be 73775
issued and enforced in accordance with section 4503.234 of the 73776
Revised Code.73777

       (D) As used in this section, "county-operated municipal 73778
court" has the same meaning as in section 1901.03 of the Revised 73779
Code.73780

       Sec. 4513.62.  Unclaimed motor vehicles ordered into storage 73781
pursuant to division (A)(1) of section 4513.60 or section 4513.61 73782
of the Revised Code shall be disposed of at the order of the 73783
sheriff of the county or the chief of police of the municipal 73784
corporation, township, or township police district to a motor 73785
vehicle salvage dealer or scrap metal processing facility as 73786
defined in section 4737.05 of the Revised Code, or to any other 73787
facility owned by or under contract with the county, municipal 73788
corporation, or township, for the disposal of such motor vehicles, 73789
or shall be sold by the sheriff, chief of police, or licensed 73790
auctioneer at public auction, after giving notice thereof by 73791
advertisement, published once a week for two successive weeks in a 73792
newspaper of general circulation in the county or as provided in 73793
section 7.16 of the Revised Code. Any moneys accruing from the 73794
disposition of an unclaimed motor vehicle that are in excess of 73795
the expenses resulting from the removal and storage of the vehicle 73796
shall be credited to the general fund of the county, the municipal 73797
corporation, or the township, as the case may be.73798

       Sec. 4517.01.  As used in sections 4517.01 to 4517.65 of the 73799
Revised Code:73800

       (A) "Persons" includes individuals, firms, partnerships, 73801
associations, joint stock companies, corporations, and any 73802
combinations of individuals.73803

       (B) "Motor vehicle" means motor vehicle as defined in section 73804
4501.01 of the Revised Code and also includes "all-purpose 73805
vehicle" and "off-highway motorcycle" as those terms are defined 73806
in section 4519.01 of the Revised Code. "Motor vehicle" does not 73807
include a snowmobile as defined in section 4519.01 of the Revised 73808
Code or manufactured and mobile homes.73809

       (C) "New motor vehicle" means a motor vehicle, the legal 73810
title to which has never been transferred by a manufacturer, 73811
remanufacturer, distributor, or dealer to an ultimate purchaser.73812

       (D) "Ultimate purchaser" means, with respect to any new motor 73813
vehicle, the first person, other than a dealer purchasing in the 73814
capacity of a dealer, who in good faith purchases such new motor 73815
vehicle for purposes other than resale.73816

       (E) "Business" includes any activities engaged in by any 73817
person for the object of gain, benefit, or advantage either direct 73818
or indirect.73819

       (F) "Engaging in business" means commencing, conducting, or 73820
continuing in business, or liquidating a business when the 73821
liquidator thereof holds self out to be conducting such business; 73822
making a casual sale or otherwise making transfers in the ordinary 73823
course of business when the transfers are made in connection with 73824
the disposition of all or substantially all of the transferor's 73825
assets is not engaging in business.73826

       (G) "Retail sale" or "sale at retail" means the act or 73827
attempted act of selling, bartering, exchanging, or otherwise 73828
disposing of a motor vehicle to an ultimate purchaser for use as a 73829
consumer.73830

       (H) "Retail installment contract" includes any contract in 73831
the form of a note, chattel mortgage, conditional sales contract, 73832
lease, agreement, or other instrument payable in one or more 73833
installments over a period of time and arising out of the retail 73834
sale of a motor vehicle.73835

       (I) "Farm machinery" means all machines and tools used in the 73836
production, harvesting, and care of farm products.73837

       (J) "Dealer" or "motor vehicle dealer" means any new motor 73838
vehicle dealer, any motor vehicle leasing dealer, and any used 73839
motor vehicle dealer.73840

       (K) "New motor vehicle dealer" means any person engaged in 73841
the business of selling at retail, displaying, offering for sale, 73842
or dealing in new motor vehicles pursuant to a contract or 73843
agreement entered into with the manufacturer, remanufacturer, or 73844
distributor of the motor vehicles.73845

       (L) "Used motor vehicle dealer" means any person engaged in 73846
the business of selling, displaying, offering for sale, or dealing 73847
in used motor vehicles, at retail or wholesale, but does not mean 73848
any new motor vehicle dealer selling, displaying, offering for 73849
sale, or dealing in used motor vehicles incidentally to engaging 73850
in the business of selling, displaying, offering for sale, or 73851
dealing in new motor vehicles, any person engaged in the business 73852
of dismantling, salvaging, or rebuilding motor vehicles by means 73853
of using used parts, or any public officer performing official 73854
duties.73855

       (M) "Motor vehicle leasing dealer" means any person engaged 73856
in the business of regularly making available, offering to make 73857
available, or arranging for another person to use a motor vehicle 73858
pursuant to a bailment, lease, sublease, or other contractual 73859
arrangement under which a charge is made for its use at a periodic 73860
rate for a term of thirty days or more, and title to the motor 73861
vehicle is in and remains in the motor vehicle leasing dealer who 73862
originally leases it, irrespective of whether or not the motor 73863
vehicle is the subject of a later sublease, and not in the user, 73864
but does not mean a manufacturer or its affiliate leasing to its 73865
employees or to dealers.73866

       (N) "Salesperson" means any person employed by a dealer or 73867
manufactured home broker to sell, display, and offer for sale, or 73868
deal in motor vehicles for a commission, compensation, or other 73869
valuable consideration, but does not mean any public officer 73870
performing official duties.73871

       (O) "Casual sale" means any transfer of a motor vehicle by a 73872
person other than a new motor vehicle dealer, used motor vehicle 73873
dealer, motor vehicle salvage dealer, as defined in division (A) 73874
of section 4738.01 of the Revised Code, salesperson, motor vehicle 73875
auction owner, manufacturer, or distributor acting in the capacity 73876
of a dealer, salesperson, auction owner, manufacturer, or 73877
distributor, to a person who purchases the motor vehicle for use 73878
as a consumer.73879

       (P) "Motor vehicle show" means a display of current models of 73880
motor vehicles whereby the primary purpose is the exhibition of 73881
competitive makes and models in order to provide the general 73882
public the opportunity to review and inspect various makes and 73883
models of motor vehicles at a single location.73884

       (Q) "Motor vehicle auction owner" means any person who is 73885
engaged wholly or in part in the business of auctioning motor 73886
vehicles, but does not mean a construction equipment auctioneer or 73887
a construction equipment auction licensee.73888

       (R) "Manufacturer" means a person who manufactures, 73889
assembles, or imports motor vehicles, including motor homes, but 73890
does not mean a person who only assembles or installs a body, 73891
special equipment unit, finishing trim, or accessories on a motor 73892
vehicle chassis supplied by a manufacturer or distributor.73893

       (S) "Tent-type fold-out camping trailer" means any vehicle 73894
intended to be used, when stationary, as a temporary shelter with 73895
living and sleeping facilities, and that is subject to the 73896
following properties and limitations:73897

       (1) A minimum of twenty-five per cent of the fold-out portion 73898
of the top and sidewalls combined must be constructed of canvas, 73899
vinyl, or other fabric, and form an integral part of the shelter.73900

       (2) When folded, the unit must not exceed:73901

       (a) Fifteen feet in length, exclusive of bumper and tongue;73902

       (b) Sixty inches in height from the point of contact with the 73903
ground;73904

       (c) Eight feet in width;73905

       (d) One ton gross weight at time of sale.73906

       (T) "Distributor" means any person authorized by a motor 73907
vehicle manufacturer to distribute new motor vehicles to licensed 73908
new motor vehicle dealers, but does not mean a person who only 73909
assembles or installs a body, special equipment unit, finishing 73910
trim, or accessories on a motor vehicle chassis supplied by a 73911
manufacturer or distributor.73912

       (U) "Flea market" means a market place, other than a dealer's 73913
location licensed under this chapter, where a space or location is 73914
provided for a fee or compensation to a seller to exhibit and 73915
offer for sale or trade, motor vehicles to the general public.73916

       (V) "Franchise" means any written agreement, contract, or 73917
understanding between any motor vehicle manufacturer or 73918
remanufacturer engaged in commerce and any motor vehicle dealer 73919
that purports to fix the legal rights and liabilities of the 73920
parties to such agreement, contract, or understanding.73921

       (W) "Franchisee" means a person who receives new motor 73922
vehicles from the franchisor under a franchise agreement and who 73923
offers, sells, and provides service for such new motor vehicles to 73924
the general public.73925

       (X) "Franchisor" means a new motor vehicle manufacturer, 73926
remanufacturer, or distributor who supplies new motor vehicles 73927
under a franchise agreement to a franchisee.73928

       (Y) "Dealer organization" means a state or local trade 73929
association the membership of which is comprised predominantly of 73930
new motor vehicle dealers.73931

       (Z) "Factory representative" means a representative employed 73932
by a manufacturer, remanufacturer, or by a factory branch 73933
primarily for the purpose of promoting the sale of its motor 73934
vehicles, parts, or accessories to dealers or for supervising or 73935
contacting its dealers or prospective dealers.73936

       (AA) "Administrative or executive management" means those 73937
individuals who are not subject to federal wage and hour laws.73938

       (BB) "Good faith" means honesty in the conduct or transaction 73939
concerned and the observance of reasonable commercial standards of 73940
fair dealing in the trade as is defined in section 1301.201 of the 73941
Revised Code, including, but not limited to, the duty to act in a 73942
fair and equitable manner so as to guarantee freedom from 73943
coercion, intimidation, or threats of coercion or intimidation; 73944
provided however, that recommendation, endorsement, exposition, 73945
persuasion, urging, or argument shall not be considered to 73946
constitute a lack of good faith.73947

       (CC) "Coerce" means to compel or attempt to compel by failing 73948
to act in good faith or by threat of economic harm, breach of 73949
contract, or other adverse consequences. Coerce does not mean to 73950
argue, urge, recommend, or persuade.73951

       (DD) "Relevant market area" means any area within a radius of 73952
ten miles from the site of a potential new dealership, except that 73953
for manufactured home or recreational vehicle dealerships the 73954
radius shall be twenty-five miles. The ten-mile radius shall be 73955
measured from the dealer's established place of business that is 73956
used exclusively for the purpose of selling, displaying, offering 73957
for sale, or dealing in motor vehicles.73958

       (EE) "Wholesale" or "at wholesale" means the act or attempted 73959
act of selling, bartering, exchanging, or otherwise disposing of a 73960
motor vehicle to a transferee for the purpose of resale and not 73961
for ultimate consumption by that transferee.73962

       (FF) "Motor vehicle wholesaler" means any person licensed as 73963
a dealer under the laws of another state and engaged in the 73964
business of selling, displaying, or offering for sale used motor 73965
vehicles, at wholesale, but does not mean any motor vehicle dealer 73966
as defined in this section.73967

       (GG)(1) "Remanufacturer" means a person who assembles or 73968
installs passenger seating, walls, a roof elevation, or a body 73969
extension on a conversion van with the motor vehicle chassis 73970
supplied by a manufacturer or distributor, a person who modifies a 73971
truck chassis supplied by a manufacturer or distributor for use as 73972
a public safety or public service vehicle, a person who modifies a 73973
motor vehicle chassis supplied by a manufacturer or distributor 73974
for use as a limousine or hearse, or a person who modifies an 73975
incomplete motor vehicle cab and chassis supplied by a new motor 73976
vehicle dealer or distributor for use as a tow truck, but does not 73977
mean either of the following:73978

       (a) A person who assembles or installs passenger seating, a 73979
roof elevation, or a body extension on a recreational vehicle as 73980
defined in division (Q) and referred to in division (B) of section 73981
4501.01 of the Revised Code;73982

       (b) A person who assembles or installs special equipment or 73983
accessories for handicapped persons, as defined in section 4503.44 73984
of the Revised Code, upon a motor vehicle chassis supplied by a 73985
manufacturer or distributor.73986

       (2) For the purposes of division (GG)(1) of this section, 73987
"public safety vehicle or public service vehicle" means a fire 73988
truck, ambulance, school bus, street sweeper, garbage packing 73989
truck, or cement mixer, or a mobile self-contained facility 73990
vehicle.73991

       (3) For the purposes of division (GG)(1) of this section, 73992
"limousine" means a motor vehicle, designed only for the purpose 73993
of carrying nine or fewer passengers, that a person modifies by 73994
cutting the original chassis, lengthening the wheelbase by forty 73995
inches or more, and reinforcing the chassis in such a way that all 73996
modifications comply with all applicable federal motor vehicle 73997
safety standards. No person shall qualify as or be deemed to be a 73998
remanufacturer who produces limousines unless the person has a 73999
written agreement with the manufacturer of the chassis the person 74000
utilizes to produce the limousines to complete properly the 74001
remanufacture of the chassis into limousines.74002

       (4) For the purposes of division (GG)(1) of this section, 74003
"hearse" means a motor vehicle, designed only for the purpose of 74004
transporting a single casket, that is equipped with a compartment 74005
designed specifically to carry a single casket that a person 74006
modifies by cutting the original chassis, lengthening the 74007
wheelbase by ten inches or more, and reinforcing the chassis in 74008
such a way that all modifications comply with all applicable 74009
federal motor vehicle safety standards. No person shall qualify as 74010
or be deemed to be a remanufacturer who produces hearses unless 74011
the person has a written agreement with the manufacturer of the 74012
chassis the person utilizes to produce the hearses to complete 74013
properly the remanufacture of the chassis into hearses.74014

       (5) For the purposes of division (GG)(1) of this section, 74015
"mobile self-contained facility vehicle" means a mobile classroom 74016
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile, 74017
testing laboratory, and mobile display vehicle, each of which is 74018
designed for purposes other than for passenger transportation and 74019
other than the transportation or displacement of cargo, freight, 74020
materials, or merchandise. A vehicle is remanufactured into a 74021
mobile self-contained facility vehicle in part by the addition of 74022
insulation to the body shell, and installation of all of the 74023
following: a generator, electrical wiring, plumbing, holding 74024
tanks, doors, windows, cabinets, shelving, and heating, 74025
ventilating, and air conditioning systems.74026

       (6) For the purposes of division (GG)(1) of this section, 74027
"tow truck" means both of the following:74028

       (a) An incomplete cab and chassis that are purchased by a 74029
remanufacturer from a new motor vehicle dealer or distributor of 74030
the cab and chassis and on which the remanufacturer then installs 74031
in a permanent manner a wrecker body it purchases from a 74032
manufacturer or distributor of wrecker bodies, installs an 74033
emergency flashing light pylon and emergency lights upon the mast 74034
of the wrecker body or rooftop, and installs such other related 74035
accessories and equipment, including push bumpers, front grille 74036
guards with pads and other custom-ordered items such as painting, 74037
special lettering, and safety striping so as to create a complete 74038
motor vehicle capable of lifting and towing another motor vehicle.74039

       (b) An incomplete cab and chassis that are purchased by a 74040
remanufacturer from a new motor vehicle dealer or distributor of 74041
the cab and chassis and on which the remanufacturer then installs 74042
in a permanent manner a car carrier body it purchases from a 74043
manufacturer or distributor of car carrier bodies, installs an 74044
emergency flashing light pylon and emergency lights upon the 74045
rooftop, and installs such other related accessories and 74046
equipment, including push bumpers, front grille guards with pads 74047
and other custom-ordered items such as painting, special 74048
lettering, and safety striping.74049

       As used in division (GG)(6)(b) of this section, "car carrier 74050
body" means a mechanical or hydraulic apparatus capable of lifting 74051
and holding a motor vehicle on a flat level surface so that one or 74052
more motor vehicles can be transported, once the car carrier is 74053
permanently installed upon an incomplete cab and chassis.74054

       (HH) "Operating as a new motor vehicle dealership" means 74055
engaging in activities such as displaying, offering for sale, and 74056
selling new motor vehicles at retail, operating a service facility 74057
to perform repairs and maintenance on motor vehicles, offering for 74058
sale and selling motor vehicle parts at retail, and conducting all 74059
other acts that are usual and customary to the operation of a new 74060
motor vehicle dealership. For the purposes of this chapter only, 74061
possession of either a valid new motor vehicle dealer franchise 74062
agreement or a new motor vehicle dealers license, or both of these 74063
items, is not evidence that a person is operating as a new motor 74064
vehicle dealership.74065

       (II) "Outdoor power equipment" means garden and small utility 74066
tractors, walk-behind and riding mowers, chainsaws, and tillers.74067

        (JJ) "Remote service facility" means premises that are 74068
separate from a licensed new motor vehicle dealer's sales facility 74069
by not more than one mile and that are used by the dealer to 74070
perform repairs, warranty work, recall work, and maintenance on 74071
motor vehicles pursuant to a franchise agreement entered into with 74072
a manufacturer of motor vehicles. A remote service facility shall 74073
be deemed to be part of the franchise agreement and is subject to 74074
all the rights, duties, obligations, and requirements of Chapter 74075
4517. of the Revised Code that relate to the performance of motor 74076
vehicle repairs, warranty work, recall work, and maintenance work 74077
by new motor vehicle dealers.74078

       (KK) "Recreational vehicle" has the same meaning as in 74079
section 4501.01 of the Revised Code.74080

       (LL) "Construction equipment auctioneer" means a person who 74081
holds both a valid auctioneer's license issued under Chapter 4707. 74082
of the Revised Code and a valid construction equipment auction 74083
license issued under this chapter.74084

       (MM) "Large construction or transportation equipment" means 74085
vehicles having a gross vehicle weight rating of more than ten 74086
thousand pounds and includes road rollers, traction engines, power 74087
shovels, power cranes, commercial cars and trucks, or farm trucks, 74088
and other similar vehicles obtained primarily from the 74089
construction, mining, transportation or farming industries.74090

       Sec. 4517.04.  Each person applying for a new motor vehicle 74091
dealer's license shall annuallybiennially make out and deliver to 74092
the registrar of motor vehicles, before the first day of April, 74093
and upon a blank to be furnished by the registrar for that 74094
purpose, a separate application for license for each county in 74095
which the business of selling new motor vehicles is to be 74096
conducted. The application shall be in the form prescribed by the 74097
registrar, shall be signed and sworn to by the applicant, and, in 74098
addition to any other information required by the registrar, shall 74099
include the following:74100

       (A) Name of applicant and location of principal place of 74101
business;74102

       (B) Name or style under which business is to be conducted 74103
and, if a corporation, the state of incorporation;74104

       (C) Name and address of each owner or partner and, if a 74105
corporation, the names of the officers and directors;74106

       (D) The county in which the business is to be conducted and 74107
the address of each place of business therein;74108

       (E) A statement of the previous history, record, and 74109
association of the applicant and of each owner, partner, officer, 74110
and director, that shall be sufficient to establish to the 74111
satisfaction of the registrar the reputation in business of the 74112
applicant;74113

       (F) A statement showing whether the applicant has previously 74114
applied for a motor vehicle dealer's license, motor vehicle 74115
leasing dealer's license, manufactured home broker's license,74116
distributor's license, motor vehicle auction owner's license, or 74117
motor vehicle salesperson's license, and the result of the 74118
application, and whether the applicant has ever been the holder of 74119
any such license that was revoked or suspended;74120

       (G) If the applicant is a corporation or partnership, a 74121
statement showing whether any partner, employee, officer, or 74122
director has been refused a motor vehicle dealer's license, motor 74123
vehicle leasing dealer's license, manufactured home broker's 74124
license, distributor's license, motor vehicle auction owner's 74125
license, or motor vehicle salesperson's license, or has been the 74126
holder of any such license that was revoked or suspended;74127

       (H) A statement of the makes of new motor vehicles to be 74128
handled.74129

       The statement required by division (E) of this section shall 74130
indicate whether the applicant or, if applicable, any of the 74131
applicant's owners, partners, officers, or directors, 74132
individually, or as owner, partner, officer, or director of a 74133
business entity, has been convicted of, pleaded guilty, or pleaded 74134
no contest, in a criminal action, or had a judgment rendered 74135
against himthe person in a civil action for, a violation of 74136
sections 4549.41 to 4549.46 of the Revised Code, of any 74137
substantively comparable provisions of the law of any other state, 74138
or of subchapter IV of the "Motor Vehicle Information and Cost 74139
Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.74140

       A true copy of the contract, agreement, or understanding the 74141
applicant has entered into or is about to enter into with the 74142
manufacturer or distributor of the new motor vehicles the 74143
applicant will handle shall be filed with the application. If the 74144
contract, agreement, or understanding is not in writing, a written 74145
statement of all the terms thereof shall be filed. Each such copy 74146
or statement shall bear a certificate signed by each party to the 74147
contract, agreement, or understanding, to the effect that the copy 74148
or statement is true and complete and contains all of the 74149
agreements made or about to be made between the parties.74150

       The application also shall be accompanied by a photograph, as 74151
prescribed by the registrar, of each place of business operated, 74152
or to be operated, by the applicant.74153

       Sec. 4517.09.  Each person applying for a salesperson's 74154
license shall annuallybiennially make out and deliver to the 74155
registrar of motor vehicles, before the first day of July and upon 74156
a blank to be furnished by the registrar for that purpose, an 74157
application for license. The application shall be in the form 74158
prescribed by the registrar, shall be signed and sworn to by the 74159
applicant, and, in addition to any other information required by 74160
the registrar, shall include the following:74161

       (A) Name and post-office address of the applicant;74162

       (B) Name and post-office address of the motor vehicle dealer 74163
or manufactured home broker for whom the applicant intends to act 74164
as salesperson;74165

       (C) A statement of the applicant's previous history, record, 74166
and association, that shall be sufficient to establish to the 74167
satisfaction of the registrar the applicant's reputation in 74168
business;74169

       (D) A statement as to whether the applicant intends to engage 74170
in any occupation or business other than that of a motor vehicle 74171
salesperson;74172

       (E) A statement as to whether the applicant has ever had any 74173
previous application refused, and whether the applicant has 74174
previously had a license revoked or suspended;74175

       (F) A statement as to whether the applicant was an employee 74176
of or salesperson for a dealer or manufactured home broker whose 74177
license was suspended or revoked;74178

       (G) A statement of the motor vehicle dealer or manufactured 74179
home broker named therein, designating the applicant as the 74180
dealer's or broker's salesperson.74181

       The statement required by division (C) of this section shall 74182
indicate whether the applicant individually, or as an owner, 74183
partner, officer, or director of a business entity, has been 74184
convicted of, or pleaded guilty to, in a criminal action, or had a 74185
judgment rendered against the applicant in a civil action for, a 74186
violation of sections 4549.41 to 4549.46 of the Revised Code, of 74187
any substantively comparable provisions of the law of any other 74188
state, or of subchapter IV of the "Motor Vehicle Information and 74189
Cost Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.74190

       Sec. 4517.10.  At the time the registrar of motor vehicles 74191
grants the application of any person for a license as motor 74192
vehicle dealer, motor vehicle leasing dealer, manufactured home 74193
broker, distributor, motor vehicle auction owner, or motor vehicle 74194
salesperson, the registrar shall issue to the person a license. 74195
The registrar shall prescribe different forms for the licenses of 74196
motor vehicle dealers, motor vehicle leasing dealers, manufactured 74197
home brokers, distributors, motor vehicle auction owners, and 74198
motor vehicle salespersons, and all licenses shall include the 74199
name and post-office address of the person licensed.74200

       The fee for a dealer's license,and a motor vehicle leasing 74201
dealer's license, and a manufactured home broker's license shall 74202
be fifty dollars, and the fee for a salesperson's license shall be 74203
ten dollars. The fee for a motor vehicle auction owner's license 74204
shall be one hundred dollars for each location. The fee for a 74205
distributor's license shall be one hundred dollars for each 74206
distributorship. In all cases, the fee shall accompany the 74207
application for license.74208

       The registrar may require each applicant for a license issued 74209
under this chapter to pay an additional fee, which shall be used 74210
by the registrar to pay the costs of obtaining a record of any 74211
arrests and convictions of the applicant from the Ohio bureau of 74212
identification and investigation. The amount of the fee shall be 74213
equal to that paid by the registrar to obtain such record.74214

       If a dealer,or a motor vehicle leasing dealer, or a 74215
manufactured home broker, has more than one place of business in 74216
the county, the dealer or the broker shall make application, in 74217
such form as the registrar prescribes, for a certified copy of the 74218
license issued to the dealer or manufactured home broker for each 74219
place of business operated. In the event of the loss, mutilation, 74220
or destruction of a license issued under sections 4517.01 to 74221
4517.65 of the Revised Code, any licensee may make application to 74222
the registrar, in such form as the registrar prescribes, for a 74223
duplicate copy thereof. The fee for a certified or duplicate copy 74224
of a dealer's, motor vehicle leasing dealer's, manufactured home 74225
broker's, distributor's, or auction owner's license, is two 74226
dollars, and the fee for a duplicate copy of a salesperson's 74227
license is one dollar. All fees for such copies shall accompany 74228
the applications.74229

        Beginning on the effective date of this amendmentSeptember 74230
16, 2004, all dealers' licenses, motor vehicle leasing dealers' 74231
licenses, manufactured home broker's licenses, distributors' 74232
licenses, auction owners' licenses, and all salespersons' licenses 74233
issued or renewed shall expire biennially on a day within the 74234
two-year cycle that is prescribed by the registrar, unless sooner 74235
suspended or revoked. Before the first day after the day 74236
prescribed by the registrar in the year that the license expires, 74237
each licensed dealer, motor vehicle leasing dealer, manufactured 74238
home broker, distributor, and auction owner and each licensed 74239
salesperson, in the year in which the license will expire, shall 74240
file an application, in such form as the registrar prescribes, for 74241
the renewal of such license. The fee provided in this section for 74242
the original license shall accompany the application.74243

       Any salesperson's license shall be suspended upon the 74244
termination, suspension, or revocation of the license of the motor 74245
vehicle dealer or manufactured home broker for whom the 74246
salesperson is acting, or upon the salesperson leaving the service 74247
of the motor vehicle dealer or manufactured home broker; provided 74248
that upon the termination, suspension, or revocation of the 74249
license of the motor vehicle dealer or manufactured home broker74250
for whom the salesperson is acting, or upon the salesperson 74251
leaving the service of a licensed motor vehicle dealer or 74252
manufactured home broker, the licensed salesperson, upon entering 74253
the service of any other licensed motor vehicle dealer or 74254
manufactured home broker, shall make application to the registrar, 74255
in such form as the registrar prescribes, to have the 74256
salesperson's license reinstated, transferred, and registered as a 74257
salesperson for the other dealer or broker. If the information 74258
contained in the application is satisfactory to the registrar, the 74259
registrar shall have the salesperson's license reinstated, 74260
transferred, and registered as a salesperson for the other dealer74261
or broker. The fee for the reinstatement and transfer of license 74262
shall be two dollars. No license issued to a dealer, motor vehicle 74263
leasing dealer, auction owner, manufactured home broker, or 74264
salesperson, under sections 4517.01 to 4517.65 of the Revised Code 74265
shall be transferable to any other person.74266

       Each dealer, motor vehicle leasing dealer, manufactured home 74267
broker, distributor, and auction owner shall keep the license or a 74268
certified copy thereof and, in the case of a dealer or broker, a 74269
current list of the dealer's or the broker's licensed 74270
salespersons, showing the names, addresses, and serial numbers of 74271
their licenses, posted in a conspicuous place in each place of 74272
business. Each salesperson shall carry the salesperson's license 74273
or a certified copy thereof and shall exhibit such license or copy 74274
upon demand to any inspector of the bureau of motor vehicles, 74275
state highway patrol trooper, police officer, or person with whom 74276
the salesperson seeks to transact business as a motor vehicle 74277
salesperson.74278

        The notice of refusal to grant a license shall disclose the 74279
reason for refusal.74280

       Sec. 4517.12.  (A) The registrar of motor vehicles shall deny 74281
the application of any person for a license as a motor vehicle 74282
dealer, motor vehicle leasing dealer, manufactured home broker, or 74283
motor vehicle auction owner and refuse to issue the license if the 74284
registrar finds that the applicant:74285

       (1) Has made any false statement of a material fact in the 74286
application;74287

       (2) Has not complied with sections 4517.01 to 4517.45 of the 74288
Revised Code;74289

       (3) Is of bad business repute or has habitually defaulted on 74290
financial obligations;74291

       (4) Is engaged or will engage in the business of selling at 74292
retail any new motor vehicles without having written authority 74293
from the manufacturer or distributor thereof to sell new motor 74294
vehicles and to perform repairs under the terms of the 74295
manufacturer's or distributor's new motor vehicle warranty, except 74296
as provided in division (C) of this section and except that a 74297
person who assembles or installs special equipment or accessories 74298
for handicapped persons, as defined in section 4503.44 of the 74299
Revised Code, upon a motor vehicle chassis supplied by a 74300
manufacturer or distributor shall not be denied a license pursuant 74301
to division (A)(4) of this section;74302

       (5) Has been guilty of a fraudulent act in connection with 74303
selling or otherwise dealing in, or leasing, motor vehicles, or in 74304
connection with brokering manufactured homes;74305

       (6) Has entered into or is about to enter into a contract or 74306
agreement with a manufacturer or distributor of motor vehicles 74307
that is contrary to sections 4517.01 to 4517.45 of the Revised 74308
Code;74309

       (7) Is insolvent;74310

       (8) Is of insufficient responsibility to ensure the prompt 74311
payment of any final judgments that might reasonably be entered 74312
against the applicant because of the transaction of business as a 74313
motor vehicle dealer, motor vehicle leasing dealer, manufactured 74314
home broker, or motor vehicle auction owner during the period of 74315
the license applied for, or has failed to satisfy any such 74316
judgment;74317

       (9) Has no established place of business that, where 74318
applicable, is used or will be used for the purpose of selling, 74319
displaying, offering for sale, dealing in, or leasing motor 74320
vehicles at the location for which application is made;74321

       (10) Has, less than twelve months prior to making 74322
application, been denied a motor vehicle dealer's, motor vehicle 74323
leasing dealer's, manufactured home broker's, or motor vehicle 74324
auction owner's license, or has any such license revoked.74325

       (B) If the applicant is a corporation or partnership, the 74326
registrar may refuse to issue a license if any officer, director, 74327
or partner of the applicant has been guilty of any act or omission 74328
that would be cause for refusing or revoking a license issued to 74329
such officer, director, or partner as an individual. The 74330
registrar's finding may be based upon facts contained in the 74331
application or upon any other information the registrar may have. 74332
Immediately upon denying an application for any of the reasons in 74333
this section, the registrar shall enter a final order together 74334
with the registrar's findings and certify the same to the motor 74335
vehicle dealers' and salespersons' licensing board.74336

       (C) Notwithstanding division (A)(4) of this section, the 74337
registrar shall not deny the application of any person and refuse 74338
to issue a license if the registrar finds that the applicant is 74339
engaged or will engage in the business of selling at retail any 74340
new motor vehicles and demonstrates all of the following in the 74341
form prescribed by the registrar:74342

       (1) That the applicant has posted a bond, surety, or 74343
certificate of deposit with the registrar in an amount not less 74344
than one hundred thousand dollars for the protection and benefit 74345
of the applicant's customers except that a new motor vehicle 74346
dealer who is not exclusively engaged in the business of selling 74347
remanufactured vehicles shall not be required to post the bond, 74348
surety, or certificate of deposit otherwise required by division 74349
(C)(1) of this section;74350

       (2) That, at the time of the sale of the vehicle, each 74351
customer of the applicant will be furnished with a binding 74352
agreement ensuring that the customer has the right to have the 74353
vehicle serviced or repaired by a new motor vehicle dealer who is 74354
licensed to sell and service vehicles of the same line-make as the 74355
chassis of the remanufactured vehicle purchased by the customer 74356
and whose service or repair facility is located within either 74357
twenty miles of the applicant's location and place of business or 74358
twenty miles of the customer's residence or place of business. If 74359
there is no such new motor vehicle dealer located within twenty 74360
miles of the applicant's location and place of business or the 74361
customer's residence or place of business, the binding agreement 74362
furnished to the customer may be with the new motor vehicle dealer 74363
who is franchised to sell and service vehicles of the same 74364
line-make as the chassis of the remanufactured vehicle purchased 74365
by the customer and whose service or repair facility is located 74366
nearest to the remanufacturer's location and place of business or 74367
the customer's residence or place of business.74368

       (3) That, at the time of the sale of the vehicle, each 74369
customer of the applicant will be furnished with a warranty issued 74370
by the remanufacturer for a term of at least one year;74371

       (4)(3) That the applicant provides and maintains at the 74372
applicant's location and place of business a permanent facility 74373
with all of the following:74374

       (a) A showroom with space, under roof, for the display of at 74375
least one new motor vehicle;74376

       (b) A service and parts facility for remanufactured vehicles;74377

       (c) Full-time service and parts personnel with the proper 74378
training and technical expertise to service the remanufactured 74379
vehicles sold by the applicant.74380

       Sec. 4517.13.  The registrar of motor vehicles shall deny the 74381
application of any person for a license as a distributor and 74382
refuse to issue the license if the registrar finds that the 74383
applicant:74384

       (A) Has made any false statement of a material fact in the 74385
application;74386

       (B) Has not complied with sections 4517.01 to 4517.45 of the 74387
Revised Code;74388

       (C) Is of bad business repute or has habitually defaulted on 74389
financial obligations;74390

       (D) Is engaged or will engage in the business of distributing 74391
any new motor vehicle without having the authority of a contract 74392
with the manufacturer of the vehicle;74393

       (E) Has been guilty of a fraudulent act in connection with 74394
selling or otherwise dealing in motor vehicles;74395

       (F) Has entered into or is about to enter into a contract or 74396
agreement with a manufacturer of motor vehicles that is contrary 74397
to sections 4517.01 to 4517.45 of the Revised Code;74398

       (G) Is insolvent;74399

       (H) Is of insufficient responsibility to ensure the prompt 74400
payment of any financial judgment that might reasonably be entered 74401
against the applicant because of the transaction of business as a 74402
distributor during the period of the license applied for, or has 74403
failed to satisfy any such judgment;74404

       (I) Has no established place of business that, where 74405
applicable, is used or will be used exclusively for the purpose of 74406
distributing new motor vehicles at the location for which 74407
application is made;74408

       (J) Has, less than twelve months prior to making application, 74409
been denied a distributor's, motor vehicle dealer's, motor vehicle 74410
leasing dealer's, manufactured home broker's, or motor vehicle 74411
auction owner's license, or had any such license revoked.74412

       If the applicant is a corporation or partnership, the 74413
registrar may refuse to issue a license if any officer, director, 74414
employee, or partner of the applicant has been guilty of any act 74415
or omission that would be cause for refusing or revoking a license 74416
issued to such officer, director, employee, or partner as an 74417
individual. The registrar's finding may be based upon facts 74418
contained in the application or upon any other information the 74419
registrar may have. Immediately upon denying an application for 74420
any of the reasons in this section, the registrar shall enter a 74421
final order together with the registrar's findings and certify the 74422
same to the motor vehicle dealers board.74423

       Sec. 4517.14.  The registrar of motor vehicles shall deny the 74424
application of any person for a license as a salesperson and 74425
refuse to issue the license if the registrar finds that the 74426
applicant:74427

       (A) Has made any false statement of a material fact in the 74428
application;74429

       (B) Has not complied with sections 4517.01 to 4517.45 of the 74430
Revised Code;74431

       (C) Is of bad business repute or has habitually defaulted on 74432
financial obligations;74433

       (D) Has been guilty of a fraudulent act in connection with 74434
selling or otherwise dealing in motor vehicles;74435

       (E) Has not been designated to act as salesperson for a motor 74436
vehicle dealer or manufactured home broker licensed to do business 74437
in this state under section 4517.10 of the Revised Code, or 74438
intends to act as salesperson for more than one licensed motor 74439
vehicle dealer or manufactured home broker at the same time, 74440
except that a licensed salesperson may act as a salesperson at any 74441
licensed dealership owned or operated by the same corporation74442
company, regardless of the county in which the dealership's 74443
facility is located;74444

       (F) Holds a current motor vehicle dealer's or manufactured 74445
home broker's license issued under section 4517.10 of the Revised 74446
Code, and intends to act as salesperson for another licensed motor 74447
vehicle dealer or manufactured home broker;74448

       (G) Has, less than twelve months prior to making application, 74449
been denied a salesperson's license or had a salesperson's license 74450
revoked.74451

       The registrar may refuse to issue a salesperson's license to 74452
an applicant who was salesperson for, or in the employ of, a motor 74453
vehicle dealer or manufactured home broker at the time the 74454
dealer's or broker's license was revoked. The registrar's finding 74455
may be based upon any statement contained in the application or 74456
upon any facts within the registrar's knowledge, and, immediately 74457
upon refusing to issue a salesperson's license, the registrar 74458
shall enter a final order and shall certify the final order 74459
together with his findings to the motor vehicle dealers board.74460

       Sec. 4517.23.  (A) Any licensed motor vehicle dealer, motor 74461
vehicle leasing dealer, manufactured home broker, or distributor 74462
shall notify the registrar of motor vehicles concerning any change 74463
in status as a dealer, motor vehicle leasing dealer, manufactured 74464
home broker, or distributor during the period for which the 74465
dealer, broker, or distributor is licensed, if the change of 74466
status concerns any of the following:74467

       (1) Personnel of owners, partners, officers, or directors;74468

       (2) Location of office or principal place of business;74469

       (3) In the case of a motor vehicle dealer, any contract or 74470
agreement with any manufacturer or distributor; and in the case of 74471
a distributor, any contract or agreement with any manufacturer.74472

       (B) The notification required by division (A) of this section 74473
shall be made by filing with the registrar, within fifteen days 74474
after the change of status, a supplemental statement in a form 74475
prescribed by the registrar showing in what respect the status has 74476
been changed. If the change involves a change in any contract or 74477
agreement between any manufacturer or distributor, and dealer, or 74478
any manufacturer and distributor, the supplemental statement shall 74479
be accompanied by such copies of contracts, statements, and 74480
certificates as would have been required by sections 4517.01 to 74481
4517.45 of the Revised Code if the change had occurred prior to 74482
the licensee's application for license.74483

       The motor vehicle dealers board may adopt a rule exempting 74484
from the notification requirement of division (A)(1) of this 74485
section any dealer if stock in the dealer or its parent company is 74486
publicly traded and if there are public records with state or 74487
federal agencies that provide the information required by division 74488
(A)(1) of this section.74489

       (C) Whoever violates this section is guilty of a misdemeanor 74490
of the fourth degree.74491

       Sec. 4517.24.  (A) No two motor vehicle dealers shall engage 74492
in business at the same location, unless they agree to be jointly, 74493
severally, and personally liable for any liability arising from 74494
their engaging in business at the same location. The agreement 74495
shall be filed with the motor vehicle dealers board, and shall 74496
also be made a part of the articles of incorporation of each such 74497
dealer filed with the secretary of state. Whenever the board has 74498
reason to believe that a dealer who has entered into such an 74499
agreement has revoked the agreement but continues to engage in 74500
business at the same location, the board shall revoke the dealer's 74501
license.74502

       (B) This section does not apply to two or more motor vehicle 74503
dealers engaged in the business of selling new or used 74504
manufactured or mobile homes in the same manufactured home park.74505

       (C) Whoever violates this section is guilty of a misdemeanor 74506
of the fourth degree.74507

       Sec. 4517.44.  (A) No manufacturer or distributor of motor 74508
vehicles, dealer in motor vehicles, or manufactured home broker,74509
nor any owner, proprietor, person in control, or keeper of any 74510
garage, stable, shop, or other place of business, shall fail to 74511
keep or cause to be kept any record required by law.74512

       (B) Whoever violates this section is guilty of a minor 74513
misdemeanor.74514

       Sec. 4582.31.  (A) A port authority created in accordance 74515
with section 4582.22 of the Revised Code may:74516

       (1) Adopt bylaws for the regulation of its affairs and the 74517
conduct of its business;74518

       (2) Adopt an official seal;74519

       (3) Maintain a principal office within its jurisdiction, and 74520
maintain such branch offices as it may require;74521

       (4) Acquire, construct, furnish, equip, maintain, repair, 74522
sell, exchange, lease to or from, or lease with an option to 74523
purchase, convey other interests in real or personal property, or 74524
any combination thereof, related to, useful for, or in furtherance 74525
of any authorized purpose and operate any property in connection 74526
with transportation, recreational, governmental operations, or 74527
cultural activities;74528

       (5) Straighten, deepen, and improve any channel, river, 74529
stream, or other water course or way which may be necessary or 74530
proper in the development of the facilities of a port authority;74531

       (6) Make available the use or services of any port authority 74532
facility to one or more persons, one or more governmental 74533
agencies, or any combination thereof;74534

       (7) Issue bonds or notes for the acquisition, construction, 74535
furnishing, or equipping of any port authority facility or other 74536
permanent improvement that a port authority is authorized to 74537
acquire, construct, furnish, or equip, in compliance with Chapter 74538
133. of the Revised Code, except that such bonds or notes may only 74539
be issued pursuant to a vote of the electors residing within the 74540
area of jurisdiction of the port authority. The net indebtedness 74541
incurred by a port authority shall never exceed two per cent of 74542
the total value of all property within the territory comprising 74543
the port authority as listed and assessed for taxation.74544

       (8) Issue port authority revenue bonds beyond the limit of 74545
bonded indebtedness provided by law, payable solely from revenues 74546
as provided in section 4582.48 of the Revised Code, for the 74547
purpose of providing funds to pay the costs of any port authority 74548
facility or facilities or parts thereof;74549

       (9) Apply to the proper authorities of the United States 74550
pursuant to appropriate law for the right to establish, operate, 74551
and maintain foreign trade zones and establish, operate, and 74552
maintain foreign trade zones and to acquire, exchange, sell, lease 74553
to or from, lease with an option to purchase, or operate 74554
facilities, land, or property therefor in accordance with the 74555
"Foreign Trade Zones Act," 48 Stat. 998 (1934), 19 U.S.C. 81a to 74556
81u;74557

       (10) Enjoy and possess the same rights, privileges, and 74558
powers granted municipal corporations under sections 721.04 to 74559
721.11 of the Revised Code;74560

       (11) Maintain such funds as it considers necessary;74561

       (12) Direct its agents or employees, when properly identified 74562
in writing, and after at least five days' written notice, to enter 74563
upon lands within the confines of its jurisdiction in order to 74564
make surveys and examinations preliminary to location and 74565
construction of works for the purposes of the port authority, 74566
without liability of the port authority or its agents or employees 74567
except for actual damage done;74568

       (13) Promote, advertise, and publicize the port authority and 74569
its facilities; provide information to shippers and other 74570
commercial interests; and appear before rate-making authorities to 74571
represent and promote the interests of the port authority;74572

       (14) Adopt rules, not in conflict with general law, it finds 74573
necessary or incidental to the performance of its duties and the 74574
execution of its powers under sections 4582.21 to 4582.54 of the 74575
Revised Code. Any such rule shall be posted at no less than five 74576
public places in the port authority, as determined by the board of 74577
directors, for a period of not fewer than fifteen days, and shall 74578
be available for public inspection at the principal office of the 74579
port authority during regular business hours. No person shall 74580
violate any lawful rule adopted and posted as provided in this 74581
division.74582

       (15) Do any of the following, in regard to any interests in 74583
any real or personal property, or any combination thereof, 74584
including, without limitation, machinery, equipment, plants, 74585
factories, offices, and other structures and facilities related 74586
to, useful for, or in furtherance of any authorized purpose, for 74587
such consideration and in such manner, consistent with Article 74588
VIII of the Ohio Constitution, as the board in its sole discretion 74589
may determine:74590

       (a) Loan moneys to any person or governmental entity for the 74591
acquisition, construction, furnishing, and equipping of the 74592
property;74593

       (b) Acquire, construct, maintain, repair, furnish, and equip 74594
the property;74595

       (c) Sell to, exchange with, lease, convey other interests in, 74596
or lease with an option to purchase the same or any lesser 74597
interest in the property to the same or any other person or 74598
governmental entity;74599

       (d) Guarantee the obligations of any person or governmental 74600
entity.74601

       A port authority may accept and hold as consideration for the 74602
conveyance of property or any interest therein such property or 74603
interests therein as the board in its discretion may determine, 74604
notwithstanding any restrictions that apply to the investment of 74605
funds by a port authority.74606

       (16) Sell, lease, or convey other interests in real and 74607
personal property, and grant easements or rights-of-way over 74608
property of the port authority. The board of directors shall 74609
specify the consideration and any terms for the sale, lease, or 74610
conveyance of other interests in real and personal property. Any 74611
determination made by the board under this division shall be 74612
conclusive. The sale, lease, or conveyance may be made without 74613
advertising and the receipt of bids.74614

       (17) Exercise the right of eminent domain to appropriate any 74615
land, rights, rights-of-way, franchises, easements, or other 74616
property, necessary or proper for any authorized purpose, pursuant 74617
to the procedure provided in sections 163.01 to 163.22 of the 74618
Revised Code, if funds equal to the appraised value of the 74619
property to be acquired as a result of such proceedings are 74620
available for that purpose. However, nothing contained in sections 74621
4582.201 to 4582.59 of the Revised Code shall authorize a port 74622
authority to take or disturb property or facilities belonging to 74623
any agency or political subdivision of this state, public utility, 74624
cable operator, or common carrier, which property or facilities 74625
are necessary and convenient in the operation of the agency or 74626
political subdivision, public utility, cable operator, or common 74627
carrier, unless provision is made for the restoration, relocation, 74628
or duplication of such property or facilities, or upon the 74629
election of the agency or political subdivision, public utility, 74630
cable operator, or common carrier, for the payment of 74631
compensation, if any, at the sole cost of the port authority, 74632
provided that:74633

       (a) If any restoration or duplication proposed to be made 74634
under this section involves a relocation of the property or 74635
facilities, the new facilities and location shall be of at least 74636
comparable utilitarian value and effectiveness and shall not 74637
impair the ability of the public utility, cable operator, or 74638
common carrier to compete in its original area of operation;74639

       (b) If any restoration or duplication made under this section 74640
involves a relocation of the property or facilities, the port 74641
authority shall acquire no interest or right in or to the 74642
appropriated property or facilities, except as provided in 74643
division (A)(15) of this section, until the relocated property or 74644
facilities are available for use and until marketable title 74645
thereto has been transferred to the public utility, cable 74646
operator, or common carrier.74647

       As used in division (A)(17) of this section, "cable operator" 74648
has the same meaning as in the "Cable Communications Policy Act of 74649
1984," Pub. L. No. 98-549, 98 Stat. 2780, 47 U.S.C. 522, as 74650
amended by the "Telecommunications Act of 1996," Pub. L. No. 74651
104-104, 110 Stat. 56.74652

       (18)(a) Make and enter into all contracts and agreements and 74653
execute all instruments necessary or incidental to the performance 74654
of its duties and the execution of its powers under sections 74655
4582.21 to 4582.59 of the Revised Code.74656

       (b)(i) Except as provided in division (A)(18)(c) of this 74657
section, when the cost of a contract for the construction of any 74658
building, structure, or other improvement undertaken by a port 74659
authority involves an expenditure exceeding the higher of one 74660
hundred thousand dollars or the amount as adjusted under division 74661
(A)(18)(b)(ii) of this section, and the port authority is the 74662
contracting entity, the port authority shall make a written 74663
contract after notice calling for bids for the award of the 74664
contract has been given by publication twice, with at least seven 74665
days between publications, in a newspaper of general circulation 74666
in the area of the port authority or as provided in section 7.16 74667
of the Revised Code. Each such contract shall be let to the lowest 74668
responsive and responsible bidder in accordance with section 9.312 74669
of the Revised Code. Every contract shall be accompanied by or 74670
shall refer to plans and specifications for the work to be done, 74671
prepared for and approved by the port authority, signed by an 74672
authorized officer of the port authority and by the contractor, 74673
and shall be executed in triplicate.74674

       Each bid shall be awarded in accordance with sections 153.54, 74675
153.57, and 153.571 of the Revised Code. The port authority may 74676
reject any and all bids.74677

       (ii) On January 1, 2012, and the first day of January of 74678
every even-numbered year thereafter, the director of commerce 74679
shall adjust the threshold level for contracts subject to the 74680
bidding requirements contained in division (A)(18)(b)(i) of this 74681
section. The director shall adjust this amount according to the 74682
average increase for each of the two years immediately preceding 74683
the adjustment as set forth in the producer price index for 74684
material and supply inputs for new nonresidential construction as 74685
determined by the bureau of labor statistics of the United States 74686
department of labor or, if that index no longer is published, a 74687
generally available comparable index. If there is no resulting 74688
increase, the threshold shall remain the same until the next 74689
scheduled adjustment on the first day of January of the next 74690
even-numbered year.74691

       (c) The board of directors by rule may provide criteria for 74692
the negotiation and award without competitive bidding of any 74693
contract as to which the port authority is the contracting entity 74694
for the construction of any building or structure or other 74695
improvement under any of the following circumstances:74696

       (i) There exists a real and present emergency that threatens 74697
damage or injury to persons or property of the port authority or 74698
other persons, provided that a statement specifying the nature of 74699
the emergency that is the basis for the negotiation and award of a 74700
contract without competitive bidding shall be signed by the 74701
officer of the port authority that executes that contract at the 74702
time of the contract's execution and shall be attached to the 74703
contract.74704

       (ii) A commonly recognized industry or other standard or 74705
specification does not exist and cannot objectively be articulated 74706
for the improvement.74707

       (iii) The contract is for any energy conservation measure as 74708
defined in section 307.041 of the Revised Code.74709

       (iv) With respect to material to be incorporated into the 74710
improvement, only a single source or supplier exists for the 74711
material.74712

       (v) A single bid is received by the port authority after 74713
complying with the provisions of division (A)(18)(b) of this 74714
section.74715

       (d)(i) If a contract is to be negotiated and awarded without 74716
competitive bidding for the reason set forth in division 74717
(A)(18)(c)(ii) of this section, the port authority shall publish a 74718
notice calling for technical proposals at least twice, with at 74719
least seven days between publications, in a newspaper of general 74720
circulation in the area of the port authority or as provided in 74721
section 7.16 of the Revised Code. After receipt of the technical 74722
proposals, the port authority may negotiate with and award a 74723
contract for the improvement to the proposer making the proposal 74724
considered to be the most advantageous to the port authority.74725

       (ii) If a contract is to be negotiated and awarded without 74726
competitive bidding for the reason set forth in division 74727
(A)(18)(c)(iv) of this section, any construction activities 74728
related to the incorporation of the material into the improvement 74729
also may be provided without competitive bidding by the source or 74730
supplier of that material.74731

       (e)(i) Any purchase, exchange, sale, lease, lease with an 74732
option to purchase, conveyance of other interests in, or other 74733
contract with a person or governmental entity that pertains to the 74734
acquisition, construction, maintenance, repair, furnishing, 74735
equipping, or operation of any real or personal property, or any 74736
combination thereof, related to, useful for, or in furtherance of 74737
an activity contemplated by Section 13 or 16 of Article VIII, Ohio 74738
Constitution, shall be made in such manner and subject to such 74739
terms and conditions as may be determined by the board of 74740
directors in its discretion.74741

       (ii) Division (A)(18)(e)(i) of this section applies to all 74742
contracts that are subject to the division, notwithstanding any 74743
other provision of law that might otherwise apply, including, 74744
without limitation, any requirement of notice, any requirement of 74745
competitive bidding or selection, or any requirement for the 74746
provision of security.74747

       (iii) Divisions (A)(18)(e)(i) and (ii) of this section do not 74748
apply to either of the following: any contract secured by or to be 74749
paid from moneys raised by taxation or the proceeds of obligations 74750
secured by a pledge of moneys raised by taxation; or any contract 74751
secured exclusively by or to be paid exclusively from the general 74752
revenues of the port authority. For the purposes of this section, 74753
any revenues derived by the port authority under a lease or other 74754
agreement that, by its terms, contemplates the use of amounts 74755
payable under the agreement either to pay the costs of the 74756
improvement that is the subject of the contract or to secure 74757
obligations of the port authority issued to finance costs of such 74758
improvement, are excluded from general revenues.74759

       (19) Employ managers, superintendents, and other employees 74760
and retain or contract with consulting engineers, financial 74761
consultants, accounting experts, architects, attorneys, and any 74762
other consultants and independent contractors as are necessary in 74763
its judgment to carry out this chapter, and fix the compensation 74764
thereof. All expenses thereof shall be payable from any available 74765
funds of the port authority or from funds appropriated for that 74766
purpose by a political subdivision creating or participating in 74767
the creation of the port authority.74768

       (20) Receive and accept from any state or federal agency 74769
grants and loans for or in aid of the construction of any port 74770
authority facility or for research and development with respect to 74771
port authority facilities, and receive and accept aid or 74772
contributions from any source of money, property, labor, or other 74773
things of value, to be held, used, and applied only for the 74774
purposes for which the grants and contributions are made;74775

       (21) Engage in research and development with respect to port 74776
authority facilities;74777

       (22) Purchase fire and extended coverage and liability 74778
insurance for any port authority facility and for the principal 74779
office and branch offices of the port authority, insurance 74780
protecting the port authority and its officers and employees 74781
against liability for damage to property or injury to or death of 74782
persons arising from its operations, and any other insurance the 74783
port authority may agree to provide under any resolution 74784
authorizing its port authority revenue bonds or in any trust 74785
agreement securing the same;74786

       (23) Charge, alter, and collect rentals and other charges for 74787
the use or services of any port authority facility as provided in 74788
section 4582.43 of the Revised Code;74789

       (24) Provide coverage for its employees under Chapters 145., 74790
4123., and 4141. of the Revised Code;74791

       (25) Do all acts necessary or proper to carry out the powers 74792
expressly granted in sections 4582.21 to 4582.59 of the Revised 74793
Code.74794

       (B) Any instrument by which real property is acquired 74795
pursuant to this section shall identify the agency of the state 74796
that has the use and benefit of the real property as specified in 74797
section 5301.012 of the Revised Code.74798

       (C) Whoever violates division (A)(14) of this section is 74799
guilty of a minor misdemeanor.74800

       Sec. 4585.10.  The officer holding a writ for the sale of a 74801
watercraft, its apparel, or furniture, before he proceeds74802
proceeding to sell it, shall give public notice of the time and 74803
place of sale for at least ten days previous thereto or as 74804
provided in section 7.16 of the Revised Code, by advertisement in 74805
a newspaper publishedof general circulation in the county, and by 74806
advertisement posted in at least five public places in the county. 74807
Such sales shall be conducted, and the court shall have the same 74808
power over them as sales upon execution.74809

       Sec. 4705.021.  (A) As used in this section:74810

       (1) "Disciplinary counsel" means the disciplinary counsel 74811
appointed by the board of commissioners on grievances and 74812
discipline of the supreme court under the Rules for the Government 74813
of the Bar of Ohio.74814

       (2) "Certified grievance committee" means a duly constituted 74815
and organized committee of the Ohio state bar association or of 74816
one or more local bar associations of the state that complies with 74817
the criteria set forth in rule V, section 3 of the Rules for the 74818
Government of the Bar of Ohio.74819

       (3) "Child support order" has the same meaning as in section 74820
3119.01 of the Revised Code.74821

       (B) If an individual who has been admitted to the bar by 74822
order of the supreme court in compliance with its published rules 74823
is determined pursuant to sections 3123.01 to 3123.07 of the 74824
Revised Code by a court or child support enforcement agency to be 74825
in default under a support order being administered or handled by 74826
a child support enforcement agency, that agency may send a notice 74827
listing the name and social security number or other 74828
identification number of the individual and a certified copy of 74829
the court or agency determination that the individual is in 74830
default to the secretary of the board of commissioners on 74831
grievances and discipline of the supreme court and to either the 74832
disciplinary counsel or the president, secretary, and chairperson 74833
of each certified grievance committee if both of the following are 74834
the case:74835

        (1) At least ninety days have elapsed since the final and 74836
enforceable determination of default;74837

       (2) In the preceding ninety days, the obligor has failed to 74838
pay at least fifty per cent of the arrearage through means other 74839
than those described in sections 3123.81 to 3123.85 of the Revised 74840
Code.74841

       Sec. 4709.13.  (A) The barber board may refuse to issue or 74842
renew or may suspend or revoke or impose conditions upon any 74843
license issued pursuant to this chapter for any one or more of the 74844
following causes:74845

       (1) Conviction of a felony shown by a certified copy of the 74846
record of the court of conviction;74847

       (2) Advertising by means of knowingly false or deceptive 74848
statements;74849

       (3)(2) Habitual drunkenness or possession of or addiction to 74850
the use of any controlled drug prohibited by state or federal law;74851

       (4)(3) Immoral or unprofessional conduct;74852

       (5)(4) Continuing to be employed in a barber shop wherein 74853
rules of the board or department of health are violated;74854

       (6)(5) Employing any person who does not have a current Ohio 74855
license to perform the practice of barbering;74856

       (7)(6) Owning, managing, operating, or controlling any barber 74857
school or portion thereof, wherein the practice of barbering is 74858
carried on, whether in the same building or not, without 74859
displaying a sign at all entrances to the places where the 74860
barbering is carried on, indicating that the work therein is done 74861
by students exclusively;74862

       (8)(7) Owning, managing, operating, or controlling any barber 74863
shop, unless it displays a recognizable sign or barber pole 74864
indicating that it is a barber shop, and the sign or pole is 74865
clearly visible at the main entrance to the shop;74866

       (9)(8) Violating any sanitary rules approved by the 74867
department of health or the board;74868

       (10)(9) Employing another person to perform or himself74869
personally perform the practice of barbering in a licensed barber 74870
shop unless that person is licensed as a barber under this 74871
chapter;74872

       (11)(10) Gross incompetence.74873

       (B)(1) The barber board may refuse to renew or may suspend or 74874
revoke or impose conditions upon any license issued pursuant to 74875
this chapter for conviction of or plea of guilty to a felony 74876
committed after the person has been issued a license under this 74877
chapter, shown by a certified copy of the record of the court in 74878
which the person was convicted or pleaded guilty.74879

       (2) A conviction or plea of guilty to a felony committed 74880
prior to being issued a license under this chapter shall not 74881
disqualify a person from being issued an initial license under 74882
this chapter.74883

       (C) Prior to taking any action under division (A) or (B) of 74884
this section, the board shall provide the person with a statement 74885
of the charges against himthe person and notice of the time and 74886
place of a hearing on the charges. The board shall conduct the 74887
hearing according to Chapter 119. of the Revised Code. Any person 74888
dissatisfied with a decision of the board may appeal the board's 74889
decision to the court of common pleas in Franklin county.74890

       (C)(D) The board may adopt rules in accordance with Chapter 74891
119. of the Revised Code, specifying additional grounds upon which 74892
the board may take action under division (A) of this section.74893

       Sec. 4725.34.  (A) The state board of optometry shall charge 74894
the following nonrefundable fees:74895

       (1) One hundred tenthirty dollars for application for a 74896
certificate of licensure;74897

       (2) Twenty-fiveForty-five dollars for application for a 74898
therapeutic pharmaceutical agents certificate, except when the 74899
certificate is to be issued pursuant to division (A)(3) of section 74900
4725.13 of the Revised Code, in which case the fee shall be 74901
thirty-five dollars;74902

       (3) One hundred tenthirty dollars for renewal of a 74903
certificate of licensure;74904

       (4) Twenty-fiveForty-five dollars for renewal of a topical 74905
ocular pharmaceutical agents certificate;74906

       (5) Twenty-fiveForty-five dollars for renewal of a 74907
therapeutic pharmaceutical agents certificate;74908

       (6) Seventy-fiveOne hundred twenty-five dollars for late 74909
completion or submission, or both, of continuing optometric 74910
education;74911

       (7) Seventy-fiveOne hundred twenty-five dollars for late 74912
renewal of one or more certificates that have expired;74913

       (8) Seventy-five dollars for reinstatement of one or more 74914
certificates classified as delinquent under section 4725.16 of the 74915
Revised Code, multiplied by the number of years the one or more 74916
certificates have been classified as delinquent;74917

       (9) Seventy-five dollars for reinstatement of one or more 74918
certificates placed on inactive status under section 4725.17 of 74919
the Revised Code;74920

       (10) Seventy-five dollars for reinstatement under section 74921
4725.171 of the Revised Code of one or more expired certificates;74922

       (11) Additional fees to cover administrative costs incurred 74923
by the board, including fees for replacing licenses issued by the 74924
board and providing rosters of currently licensed optometrists. 74925
Such fees shall be established at a regular meeting of the board 74926
and shall comply with any applicable guidelines or policies set by 74927
the department of administrative services or the office of budget 74928
and management.74929

       (B) The board, subject to the approval of the controlling 74930
board, may establish fees in excess of the amounts specified in 74931
division (A) of this section if the fees do not exceed the amounts 74932
specified by more than fifty per cent.74933

       (C) All receipts of the board, from any source, shall be 74934
deposited in the state treasury to the credit of the occupational 74935
licensing and regulatory fund.74936

       Sec. 4725.48.  (A) Any person who desires to engage in 74937
optical dispensing, except as provided in section 4725.47 of the 74938
Revised Code, shall file a properly completed written application 74939
for an examination with the Ohio optical dispensers board or with 74940
the testing service the board has contracted with pursuant to 74941
section 4725.49 of the Revised Code. The application for 74942
examination shall be made on a form provided by the board or 74943
testing service and shall be accompanied by an examination fee the 74944
board shall establish by rule. Applicants must return the 74945
application to the board or testing service at least sixty days 74946
prior to the date the examination is scheduled to be administered.74947

       (B) Except as provided in section 4725.47 of the Revised 74948
Code, any person who desires to engage in optical dispensing shall 74949
file a properly completed written application for a license with 74950
the board with the appropriate licensea licensure application fee 74951
as set forth under section 4725.50 of the Revised Codeof fifty 74952
dollars.74953

       No person shall be eligible to apply for a license under this 74954
division, unless the person is at least eighteen years of age, is 74955
of good moral character, is free of contagious or infectious 74956
disease, has received a passing score, as determined by the board, 74957
on the examination administered under division (A) of this 74958
section, is a graduate of an accredited high school of any state, 74959
or has received an equivalent education and has successfully 74960
completed either of the following:74961

       (1) Two years of supervised experience under a licensed 74962
dispensing optician, optometrist, or physician engaged in the 74963
practice of ophthalmology, up to one year of which may be 74964
continuous experience of not less than thirty hours a week in an 74965
optical laboratory;74966

       (2) A two-year college level program in optical dispensing 74967
that has been approved by the board and that includes, but is not 74968
limited to, courses of study in mathematics, science, English, 74969
anatomy and physiology of the eye, applied optics, ophthalmic 74970
optics, measurement and inspection of lenses, lens grinding and 74971
edging, ophthalmic lens design, keratometry, and the fitting and 74972
adjusting of spectacle lenses and frames and contact lenses, 74973
including methods of fitting contact lenses and post-fitting care.74974

       (C) Any person who desires to obtain a license to practice as 74975
an ocularist shall file a properly completed written application 74976
with the board accompanied by the appropriate fee and proof that 74977
the applicant has met the requirements for licensure. The board 74978
shall establish, by rule, the application fee and the minimum 74979
requirements for licensure, including education, examination, or 74980
experience standards recognized by the board as national standards 74981
for ocularists. The board shall issue a license to practice as an 74982
ocularist to an applicant who satisfies the requirements of this 74983
division and rules adopted pursuant to this division.74984

       Sec. 4725.50.  (A) Except for a person who qualifies for 74985
licensure as an ocularist, each person who qualifies for licensure 74986
under sections 4725.40 to 4725.59 of the Revised Code shall 74987
receive from the Ohio optical dispensers board, under its seal, a 74988
certificate of licensure entitling himthe person to practice as a 74989
licensed spectacle dispensing optician, licensed contact lens 74990
dispensing optician, or a licensed spectacle-contact lens 74991
dispensing optician. The appropriate certificate of licensure 74992
shall be issued by the board no later than sixty days after it has 74993
notified the applicant of histhe applicant's approval for 74994
licensure.74995

       (B) The licensure fee shall be fifty dollars for applications 74996
submitted in January through March; thirty-seven dollars and fifty 74997
cents, in April through June; twenty-five dollars, in July through 74998
September; and twelve dollars and fifty cents, in October through 74999
December.75000

       (C) Each licensed dispensing optician shall display histhe 75001
licensed dispensing optician's certificate of licensure in a 75002
conspicuous place in histhe licensed dispensing optician's office 75003
or place of business. If a licensed dispensing optician maintains 75004
more than one office or place of business, hethe licensed 75005
dispensing optician shall display a duplicate copy of such 75006
certificate at each location. The board shall issue duplicate 75007
copies of the appropriate certificate of licensure for this 75008
purpose upon the filing of an application form therefor and the 75009
payment of a five-dollar fee for each duplicate copy.75010

       Sec. 4725.52.  Any licensed dispensing optician may supervise 75011
a maximum of three apprentices who shall be permitted to engage in 75012
optical dispensing only under the supervision of the licensed 75013
dispensing optician.75014

       A person servingTo serve as an apprentice, a person shall 75015
register annually with the Ohio optical dispensers board either on 75016
a form provided by the board or in the form of a statement giving 75017
the name and address of the supervising licensed dispensing 75018
optician, the location at which the apprentice will be employed, 75019
and any other information required by the board. Each registrant75020
For the duration of the apprenticeship, the apprentice shall 75021
register annually on the form provided by the board or in the form 75022
of a statement.75023

       Each apprentice shall pay aan initial registration fee of 75024
tentwenty dollars. For each registration renewal thereafter, each 75025
apprentice shall pay a registration renewal fee of twenty dollars.75026

       A person who is gaining experience under the supervision of a 75027
licensed optometrist or ophthalmologist that would qualify himthe 75028
person under division (B)(1) of section 4725.48 of the Revised 75029
Code to take the examination for optical dispensing is not 75030
required to register with the board.75031

       Sec. 4725.57.  An applicant for licensure as a licensed 75032
dispensing optician who is licensed or registered in another state 75033
shall be accorded the full privileges of practice within this 75034
state, upon the payment of a seventy-fivefifty-dollar fee and the 75035
submission of a certified copy of the license or certificate 75036
issued by such other state, without the necessity of examination, 75037
if the board determines that the applicant meets the criteria of 75038
division (A) of section 4725.48 of the Revised Code and further 75039
determines that the educational background or experience of the 75040
applicant satisfies theremaining requirements of division (B) of 75041
section 4725.48 of the Revised Code. The board may require that 75042
the applicant have received a passing score, as determined by the 75043
board, on an examination that is substantially the same as the 75044
examination described in division (A) of section 4725.48 of the 75045
Revised Code.75046

       Sec. 4729.021.  The state board of pharmacy may enter into 75047
contracts with private entities for the furtherance of its duties 75048
as set forth in this chapter. When entering into these contracts, 75049
the board shall give preference to entities that are Ohio-based 75050
companies. Any revenue received by the board from such contracts 75051
shall be placed in the occupational licensing and regulatory fund 75052
and may be used for any purpose determined by the board to be 75053
relevant to its duties, including the establishment and 75054
maintenance of a drug database pursuant to section 4729.75 of the 75055
Revised Code.75056

       Sec. 4731.65.  As used in sections 4731.65 to 4731.71 of the 75057
Revised Code:75058

       (A)(1) "Clinical laboratory services" means either of the 75059
following:75060

       (a) Any examination of materials derived from the human body 75061
for the purpose of providing information for the diagnosis, 75062
prevention, or treatment of any disease or impairment or for the 75063
assessment of health;75064

       (b) Procedures to determine, measure, or otherwise describe 75065
the presence or absence of various substances or organisms in the 75066
body.75067

       (2) "Clinical laboratory services" does not include the mere 75068
collection or preparation of specimens.75069

       (B) "Designated health services" means any of the following:75070

       (1) Clinical laboratory services;75071

       (2) Home health care services;75072

       (3) Outpatient prescription drugs.75073

       (C) "Fair market value" means the value in arms-length 75074
transactions, consistent with general market value and:75075

       (1) With respect to rentals or leases, the value of rental 75076
property for general commercial purposes, not taking into account 75077
its intended use;75078

       (2) With respect to a lease of space, not adjusted to 75079
reflect the additional value the prospective lessee or lessor 75080
would attribute to the proximity or convenience to the lessor if 75081
the lessor is a potential source of referrals to the lessee.75082

       (D) "Governmental health care program" means any program 75083
providing health care benefits that is administered by the federal 75084
government, this state, or a political subdivision of this state, 75085
including the medicare program established under Title XVIII of 75086
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, 75087
as amended, health care coverage for public employees, health care 75088
benefits administered by the bureau of workers' compensation, and75089
the medicaid program established under Chapter 5111. of the 75090
Revised Code, and the children's buy-in program established under 75091
sections 5101.5211 to 5101.5216 of the Revised Code.75092

       (E)(1) "Group practice" means a group of two or more holders 75093
of certificates under this chapter legally organized as a 75094
partnership, professional corporation or association, limited 75095
liability company, foundation, nonprofit corporation, faculty 75096
practice plan, or similar group practice entity, including an 75097
organization comprised of a nonprofit medical clinic that 75098
contracts with a professional corporation or association of 75099
physicians to provide medical services exclusively to patients of 75100
the clinic in order to comply with section 1701.03 of the Revised 75101
Code and including a corporation, limited liability company, 75102
partnership, or professional association described in division (B) 75103
of section 4731.226 of the Revised Code formed for the purpose of 75104
providing a combination of the professional services of 75105
optometrists who are licensed, certificated, or otherwise legally 75106
authorized to practice optometry under Chapter 4725. of the 75107
Revised Code, chiropractors who are licensed, certificated, or 75108
otherwise legally authorized to practice chiropractic or 75109
acupuncture under Chapter 4734. of the Revised Code, psychologists 75110
who are licensed, certificated, or otherwise legally authorized to 75111
practice psychology under Chapter 4732. of the Revised Code, 75112
registered or licensed practical nurses who are licensed, 75113
certificated, or otherwise legally authorized to practice nursing 75114
under Chapter 4723. of the Revised Code, pharmacists who are 75115
licensed, certificated, or otherwise legally authorized to 75116
practice pharmacy under Chapter 4729. of the Revised Code, 75117
physical therapists who are licensed, certificated, or otherwise 75118
legally authorized to practice physical therapy under sections 75119
4755.40 to 4755.56 of the Revised Code, occupational therapists 75120
who are licensed, certificated, or otherwise legally authorized to 75121
practice occupational therapy under sections 4755.04 to 4755.13 of 75122
the Revised Code, mechanotherapists who are licensed, 75123
certificated, or otherwise legally authorized to practice 75124
mechanotherapy under section 4731.151 of the Revised Code, and 75125
doctors of medicine and surgery, osteopathic medicine and surgery, 75126
or podiatric medicine and surgery who are licensed, certificated, 75127
or otherwise legally authorized for their respective practices 75128
under this chapter, to which all of the following apply:75129

       (a) Each physician who is a member of the group practice 75130
provides substantially the full range of services that the 75131
physician routinely provides, including medical care, 75132
consultation, diagnosis, or treatment, through the joint use of 75133
shared office space, facilities, equipment, and personnel.75134

       (b) Substantially all of the services of the members of the 75135
group are provided through the group and are billed in the name of 75136
the group and amounts so received are treated as receipts of the 75137
group.75138

       (c) The overhead expenses of and the income from the practice 75139
are distributed in accordance with methods previously determined 75140
by members of the group.75141

       (d) The group practice meets any other requirements that the 75142
state medical board applies in rules adopted under section 4731.70 75143
of the Revised Code.75144

       (2) In the case of a faculty practice plan associated with a 75145
hospital with a medical residency training program in which 75146
physician members may provide a variety of specialty services and 75147
provide professional services both within and outside the group, 75148
as well as perform other tasks such as research, the criteria in 75149
division (E)(1) of this section apply only with respect to 75150
services rendered within the faculty practice plan.75151

       (F) "Home health care services" and "immediate family" have 75152
the same meanings as in the rules adopted under section 4731.70 of 75153
the Revised Code.75154

       (G) "Hospital" has the same meaning as in section 3727.01 of 75155
the Revised Code.75156

       (H) A "referral" includes both of the following:75157

       (1) A request by a holder of a certificate under this chapter 75158
for an item or service, including a request for a consultation 75159
with another physician and any test or procedure ordered by or to 75160
be performed by or under the supervision of the other physician;75161

       (2) A request for or establishment of a plan of care by a 75162
certificate holder that includes the provision of designated 75163
health services.75164

       (I) "Third-party payer" has the same meaning as in section 75165
3901.38 of the Revised Code.75166

       Sec. 4731.71.  The auditor of state may implement procedures 75167
to detect violations of section 4731.66 or 4731.69 of the Revised 75168
Code within governmental health care programs administered by the 75169
state. The auditor of state shall report any violation of either 75170
section to the state medical board and shall certify to the 75171
attorney general in accordance with section 131.02 of the Revised 75172
Code the amount of any refund owed to a state-administered 75173
governmental health care program under section 4731.69 of the 75174
Revised Code as a result of a violation. If a refund is owed to 75175
the medicaid program established under Chapter 5111. of the 75176
Revised Code or the children's buy-in program established under 75177
sections 5101.5211 to 5101.5216 of the Revised Code, the auditor 75178
of state also shall report the amount to the department of job and 75179
family services.75180

       The state medical board also may implement procedures to 75181
detect violations of section 4731.66 or 4731.69 of the Revised 75182
Code.75183

       Sec. 4733.15.  (A) Registration expires annually on the last 75184
day of December following initial registration or renewal of 75185
registration2011, and becomes invalid on that date unless renewed75186
pursuant to this section and the standard renewal procedure of 75187
sections 4745.01 to 4745.03 of the Revised Code. For renewals 75188
after that date, registration expires biennially on the last day 75189
of December following initial registration or renewal of 75190
registration and becomes invalid on that date unless renewed.75191
Renewal may be effected at any time prior to the date of 75192
expiration for a period of one year by the applicant's payment to 75193
the treasurer of state of a fee of twentyforty dollars for a 75194
renewal of registration as either a professional engineer or 75195
professional surveyor and, for renewals for calendar year 2008 and 75196
thereafter, demonstration of completion of the continuing 75197
professional development requirements of section 4733.151 of the 75198
Revised Code. When notified as required in this section, a 75199
registrant's failure to renew registration shall not deprive the 75200
registrant of the right of renewal within the following twelve 75201
months, but the fee to renew a registration within twelve months 75202
after expiration shall be increased fifty per cent, and the 75203
registrant shall certify completion of continuing professional 75204
development hours as required in section 4733.151 of the Revised 75205
Code.75206

       The state board of registration for professional engineers 75207
and surveyors may, upon request, waive the payment of renewal fees 75208
or the completion of continuing professional development 75209
requirements for a registrant during the period when the 75210
registrant is on active duty in connection with any branch of the 75211
armed forces of the United States.75212

       (B) Each certificate of authorization issued pursuant to 75213
section 4733.16 of the Revised Code shall authorize the holder to 75214
provide professional engineering or professional surveying 75215
services, through the registered professional engineer or 75216
professional surveyor designated as being in responsible charge of 75217
the professional engineering or professional surveying practice, 75218
from the date of issuance until the last day of June next 75219
succeeding the date upon which the certificate was issued, unless 75220
the certificate has been revoked or suspended for cause as 75221
provided in section 4733.20 of the Revised Code or has been 75222
suspended pursuant to section 3123.47 of the Revised Code.75223

       (C) If a registrant fails to renew registration as provided 75224
under division (A) of this section, renewal and reinstatement may 75225
be effected under rules the board adopts regarding requirements 75226
for reexamination or reapplication, and reinstatement penalty 75227
fees. The board may require a registrant who fails to renew 75228
registration to complete thosethe required hours of continuing 75229
professional development required from the effective date of this 75230
section, as a condition of renewal and reinstatement if the 75231
registrant seeks renewal and reinstatement under this division on 75232
or after January 1, 2009.75233

       Sec. 4733.151. (A) EachFor registrations expiring on the 75234
last day of December 2011, each registrant for renewal for 75235
calendar year 2008 and thereafter shall have completed, within the 75236
precedingin calendar year 2011, at least fifteen hours of 75237
continuing professional development for professional engineers and 75238
surveyors. Thereafter, each registrant shall complete at least 75239
thirty hours of continuing professional development during the 75240
two-year period immediately preceding the biennial renewal 75241
expiration date.75242

       (B) The continuing professional development requirement may 75243
be satisfied by coursework or activities dealing with technical, 75244
ethical, or managerial topics relevant to the practice of 75245
engineering or surveying. A registrant may earn continuing 75246
professional development hours by completing or teaching 75247
university or college level coursework, attending seminars, 75248
workshops, or conferences, authoring relevant published papers, 75249
articles, or books, receiving patent awards, or actively 75250
participating in professional or technical societies serving the 75251
engineering or surveying professions.75252

        In the case of the board disputing the content of any credit 75253
hours or coursework, then the board shall presume as a matter of 75254
law that any credit hours submitted by a registrant, or any 75255
coursework or activity submitted for approval, complies with this 75256
section if submitted and if a statement signed by a current 75257
registrant not otherwise participating in the event, affirms that 75258
the material is relevant to the registrant's practice and will 75259
assist the registrant's development in the profession.75260

       Credit for university or college level coursework shall be 75261
based on the credit established by the university or college. One 75262
semester hour as established by the university or college shall be 75263
the equivalent of forty-five hours of continuing professional 75264
development, and one quarter hour as established by the university 75265
or college shall be the equivalent of thirty hours of continuing 75266
professional development.75267

       Credit for seminars, workshops, or conferences offering 75268
continuing education units shall be based on the units awarded by 75269
the organization presenting the seminar, workshop, or conference. 75270
A registrant may earn ten continuing professional development 75271
hours for each continuing education unit awarded. Each hour of 75272
attendance at a seminar, workshop, or conference for which no 75273
continuing education units are offered shall be the equivalent of 75274
one continuing professional development hour.75275

       A registrant may earn two continuing professional development 75276
hours for each year of service as an officer or active committee 75277
member of a professional or technical society or association that 75278
represents registrants or entities composed of registrants. A 75279
registrant may earn ten continuing professional development hours 75280
for authoring relevant published papers, articles, or books. A 75281
registrant may earn ten continuing professional development hours 75282
for each such published paper, article, or book. A registrant may 75283
earn ten continuing professional development hours for each patent 75284
award.75285

       (C) A person registered as both a professional engineer and 75286
professional surveyor shall complete at least fiveten of the 75287
fifteenthirty hours required under division (A) of this section 75288
in engineering-related coursework or activities and at least five75289
ten of those fifteenthirty hours in surveying-related coursework 75290
or activities.75291

       (D) A registrant is exempt from the continuing professional 75292
development requirements of this section during the first calendar 75293
year of registration.75294

       (E) A registrant who completes more than fifteenthirty hours 75295
of approved coursework or activities in any calendar yeara 75296
biennial renewal period may carry forward to the next calendar 75297
yearbiennial renewal period a maximum of fifteen of the excess 75298
hours.75299

       (F) A registrant shall maintain records to demonstrate 75300
completion of the continuing professional development requirements 75301
specified in this section for a period of threefour calendar 75302
years beyond the year in which certification of the completion of 75303
the requirements is obtained by the registrant. The records shall 75304
include all of the following:75305

       (1) A log specifying the type of coursework or activity, its 75306
location and duration along with the instructor's name, and the 75307
number of continuing professional development hours earned;75308

       (2) Certificates of completion or other evidence verifying 75309
attendance.75310

       (G) The records specified in division (F) of this section may 75311
be audited at any time by the state board of registration for 75312
professional engineers and surveyors. If the board discovers that 75313
a registrant has failed to complete coursework or activities, it 75314
shall notify the registrant of the deficiencies and allow the 75315
registrant six months from the date of the notice to rectify the 75316
deficiencies and to provide the board with evidence of 75317
satisfactory completion of the continuing professional development 75318
requirements. If the registrant fails to provide such evidence 75319
within that six-month period, the board may revoke or suspend the 75320
registration after offering an adjudication hearing in accordance 75321
with Chapter 119. of the Revised Code.75322

       Sec. 4736.12.  (A) The state board of sanitarian registration 75323
shall charge the following fees:75324

       (1) To apply as a sanitarian-in-training, eighty dollars;75325

       (2) For sanitarians-in-training to apply for registration as 75326
sanitarians, eighty dollars. The applicant shall pay this fee only 75327
once regardless of the number of times the applicant takes an 75328
examination required under section 4736.08 of the Revised Code.75329

       (3) For persons other than sanitarians-in-training to apply 75330
for registration as sanitarians, including persons meeting the 75331
requirements of section 4736.16 of the Revised Code, one hundred 75332
sixty dollars. The applicant shall pay this fee only once 75333
regardless of the number of times the applicant takes an 75334
examination required under section 4736.08 of the Revised Code.75335

       (4) The renewal fee for registered sanitarians shall be 75336
seventy-foureighty dollars.75337

       (5) The renewal fee for sanitarians-in-training shall be 75338
seventy-foureighty dollars.75339

       (6) For late application for renewal, twenty-sevenan 75340
additional fifty dollars.75341

       The board of sanitarian registration, with the approval of 75342
the controlling board, may establish fees in excess of the amounts 75343
provided in this section, provided that such fees do not exceed 75344
the amounts permitted by this section by more than fifty per cent.75345

       (B) The board of sanitarian registration shall charge 75346
separate fees for examinations as required by section 4736.08 of 75347
the Revised Code, provided that the fees are not in excess of the 75348
actual cost to the board of conducting the examinations.75349

       (C) The board of sanitarian registration may adopt rules 75350
establishing fees for all of the following:75351

       (1) Application for the registration of a training agency 75352
approved under rules adopted by the board pursuant to section 75353
4736.11 of the Revised Code and for the annual registration 75354
renewal of an approved training agency.;75355

       (2) Application for the review of continuing education hours 75356
submitted for the board's approval by approved training agencies 75357
or by registered sanitarians or sanitarians-in-training;75358

       (3) Additional copies of pocket identification cards and wall 75359
certificates.75360

       Sec. 4743.05.  Except as otherwise provided in sections 75361
4701.20, 4723.062, 4723.082, and 4729.65, 4781.121, and 4781.28 of 75362
the Revised Code, all money collected under Chapters 3773., 4701., 75363
4703., 4709., 4713., 4715., 4717., 4723., 4725., 4729., 4732., 75364
4733., 4734., 4736., 4741., 4753., 4755., 4757., 4758., 4759., 75365
4761., 4766., 4771., 4775., 4779., and 4781. of the Revised Code 75366
shall be paid into the state treasury to the credit of the 75367
occupational licensing and regulatory fund, which is hereby 75368
created for use in administering such chapters.75369

       At the end of each quarter, the director of budget and 75370
management shall transfer from the occupational licensing and 75371
regulatory fund to the nurse education assistance fund created in 75372
section 3333.28 of the Revised Code the amount certified to the 75373
director under division (B) of section 4723.08 of the Revised 75374
Code.75375

       At the end of each quarter, the director shall transfer from 75376
the occupational licensing and regulatory fund to the certified 75377
public accountant education assistance fund created in section 75378
4701.26 of the Revised Code the amount certified to the director 75379
under division (H)(2) of section 4701.10 of the Revised Code.75380

       Sec. 4757.31.  (A) Subject to division (B) of this section, 75381
the counselor, social worker, and marriage and family therapist 75382
board shall establish, and may from time to time adjust, fees to 75383
be charged for the following:75384

       (1) Examination for licensure as a professional clinical 75385
counselor, professional counselor, marriage and family therapist, 75386
independent marriage and family therapist, social worker, or 75387
independent social worker;75388

       (2) Initial licenses of professional clinical counselors, 75389
professional counselors, marriage and family therapists, 75390
independent marriage and family therapists, social workers, and 75391
independent social workers, except that the board shall charge 75392
only one fee to a person who fulfills all requirements for more 75393
than one of the following initial licenses: an initial license as 75394
a social worker or independent social worker, an initial license 75395
as a professional counselor or professional clinical counselor, 75396
and an initial license as a marriage and family therapist or 75397
independent marriage and family therapist;75398

       (3) Initial certificates of registration of social work 75399
assistants;75400

       (4) Renewal and late renewal of licenses of professional 75401
clinical counselors, professional counselors, marriage and family 75402
therapists, independent marriage and family therapists, social 75403
workers, and independent social workers and renewal and late 75404
renewal of certificates of registration of social work assistants;75405

       (5) Verification, to another jurisdiction, of a license or 75406
registration issued by the board;75407

       (6) Continuing education programs offered by the board to 75408
licensees or registrants;75409

       (7) Approval of continuing education programs;75410

       (8) Approval of continuing education providers to be 75411
authorized to offer continuing education programs without prior 75412
approval from the board for each program offered;75413

       (9) Issuance of a replacement copy of any wall certificate 75414
issued by the board.75415

       (B) The fees charged under division (A)(1) of this section 75416
shall be established in amounts sufficient to cover the direct 75417
expenses incurred in examining applicants for licensure. The fees 75418
charged under divisions (A)(2) to (6)(9) of this section shall be 75419
nonrefundable and shall be established in amounts sufficient to 75420
cover the necessary expenses in administering this chapter and 75421
rules adopted under it that are not covered by fees charged under 75422
division (A)(1) or (C) of this section. The renewal fee for a 75423
license or certificate of registration shall not be less than the 75424
initial fee for that license or certificate. The fees charged for 75425
licensure and registration and the renewal of licensure and 75426
registration may differ for the various types of licensure and 75427
registration, but shall not exceed one hundred twenty-five dollars 75428
each, unless the board determines that amounts in excess of one 75429
hundred twenty-five dollars are needed to cover its necessary 75430
expenses in administering this chapter and rules adopted under it 75431
and the amounts in excess of one hundred twenty-five dollars are 75432
approved by the controlling board.75433

       (C) All receipts of the board shall be deposited in the state 75434
treasury to the credit of the occupational licensing and 75435
regulatory fund. All vouchers of the board shall be approved by 75436
the chairperson or executive director of the board, or both, as 75437
authorized by the board.75438

       Sec. 4781.01.  As used in this chapter:75439

       (A) "Industrialized unit" has the same meaning as in division 75440
(C)(3) of section 3781.06 of the Revised Code.75441

       (B) "Installation" means any of the following:75442

       (1) The temporary or permanent construction of stabilization, 75443
support, and anchoring systems for manufactured housing;75444

       (2) The placement and erection of a manufactured housing unit 75445
or components of a unit on a structural support system;75446

       (3) The supporting, blocking, leveling, securing, anchoring, 75447
underpinning, or adjusting of any section or component of a 75448
manufactured housing unit;75449

       (4) The joining or connecting of all sections or components 75450
of a manufactured housing unit.75451

       (C) "Manufactured home" has the same meaning as in division 75452
(C)(4) of section 3781.06 of the Revised Code.75453

       (D) "Manufactured home park" has the same meaning as in 75454
division (A) of section 3733.01 of the Revised Codemeans any 75455
tract of land upon which three or more manufactured or mobile 75456
homes used for habitation are parked, either free of charge or for 75457
revenue purposes, and includes any roadway, building, structure, 75458
vehicle, or enclosure used or intended for use as a part of the 75459
facilities of the park. "Manufactured home park" does not include 75460
any of the following:75461

       (1) A tract of land used solely for the storage or display 75462
for sale of manufactured or mobile homes or solely as a temporary 75463
park-camp as defined in section 3729.01 of the Revised Code;75464

       (2) A tract of land that is subdivided and the individual 75465
lots are for sale or sold for the purpose of installation of 75466
manufactured or mobile homes used for habitation and the roadways 75467
are dedicated to the local government authority;75468

       (3) A tract of land within an area that is subject to local 75469
zoning authority and subdivision requirements and is subdivided, 75470
and the individual lots are for sale or sold for the purpose of 75471
installation of manufactured or mobile homes for habitation.75472

       (E) "Manufactured housing" means manufactured homes and 75473
mobile homes.75474

       (F) "Manufactured housing installer" means an individual who 75475
installs manufactured housing.75476

       (G) "Mobile home" has the same meaning as in division (O) of 75477
section 4501.01 of the Revised Code.75478

       (H) "Model standards" means the federal manufactured home 75479
installation standards established pursuant to 42 U.S.C. 5404.75480

       (I) "Permanent foundation" has the same meaning as in 75481
division (C)(5) of section 3781.06 of the Revised Code.75482

       (J) "Business" includes any activities engaged in by any 75483
person for the object of gain, benefit, or advantage either direct 75484
or indirect.75485

       (K) "Casual sale" means any transfer of a manufactured home 75486
or mobile home by a person other than a manufactured housing 75487
dealer, manufactured housing salesperson, or manufacturer to an 75488
ultimate consumer or a person who purchases the home for use as a 75489
residence.75490

       (L) "Engaging in business" means commencing, conducting, or 75491
continuing in business, or liquidating a business when the 75492
liquidator thereof holds self out to be conducting such business; 75493
making a casual sale or otherwise making transfers in the ordinary 75494
course of business when the transfers are made in connection with 75495
the disposition of all or substantially all of the transferor's 75496
assets is not engaging in business.75497

       (M) "Manufactured home park operator" has the same meaning as 75498
"operator" in section 3733.01 of the Revised Codeor "park 75499
operator" means the person who has responsible charge of a 75500
manufactured home park and who is licensed under sections 4781.26 75501
to 4781.35 of the Revised Code.75502

       (N) "Manufactured housing broker" means any person acting as 75503
a selling agent on behalf of an owner of a manufactured home or 75504
mobile home that is subject to taxation under section 4503.06 of 75505
the Revised Code.75506

       (O) "Manufactured housing dealer" means any person engaged in 75507
the business of selling at retail, displaying, offering for sale, 75508
or dealing in manufactured homes or mobile homes.75509

       (P) "Manufacturer" means a person who manufacturers, 75510
assembles, or imports manufactured homes or mobile homes.75511

        (Q) "Retail sale" or "sale at retail" means the act or 75512
attempted act of selling, bartering, exchanging, or otherwise 75513
disposing of a manufactured home or mobile home to an ultimate 75514
purchaser for use as a residence.75515

       (R) "Salesperson" means any individual employed by a 75516
manufactured housing dealer or manufactured housing broker to 75517
sell, display, and offer for sale, or deal in manufactured homes 75518
or mobile homes for a commission, compensation, or other valuable 75519
consideration, but does not mean any public officer performing 75520
official duties.75521

       (S) "Ultimate purchaser" means, with respect to any new 75522
manufactured home, the first person, other than a manufactured 75523
housing dealer purchasing in the capacity of a manufactured 75524
housing dealer, who purchases such new manufactured home for 75525
purposes other than resale.75526

       (T) "Tenant" means a person who is entitled under a rental 75527
agreement with a manufactured home park operator to occupy a 75528
manufactured home park lot and who does not own the home occupying 75529
the lot.75530

       (U) "Owner" means a person who is entitled under a rental 75531
agreement with a manufactured home park operator to occupy a 75532
manufactured home park lot and who owns the home occupying the 75533
lot.75534

       (V) "Resident" means a person entitled under a rental 75535
agreement to the use and occupancy of residential premises to the 75536
exclusion of others. "Resident" includes both tenants and owners.75537

       (W) "Residential premises" means a lot located within a 75538
manufactured home park and the grounds, areas, and facilities 75539
contained within the manufactured home park for the use of 75540
residents generally or the use of which is promised to a resident.75541

       (X) "Rental agreement" means any agreement or lease, written 75542
or oral, that establishes or modifies the terms, conditions, 75543
rules, or any other provisions concerning the use and occupancy of 75544
residential premises by one of the parties.75545

       (Y) "Security deposit" means any deposit of money or property 75546
to secure performance by the resident under a rental agreement.75547

       (Z) "Development" means any artificial change to improved or 75548
unimproved real estate, including, without limitation, buildings 75549
or structures, dredging, filling, grading, paving, excavation or 75550
drilling operations, or storage of equipment or materials, and the 75551
construction, expansion, or substantial alteration of a 75552
manufactured home park, for which plan review is required under 75553
division (A) of section 4781.31 of the Revised Code. "Development" 75554
does not include the building, construction, erection, or 75555
manufacture of any building to which section 3781.06 of the 75556
Revised Code is applicable.75557

       (AA) "Flood" or "flooding" means either of the following:75558

       (1) A general and temporary condition of partial or complete 75559
inundation of normally dry land areas from any of the following:75560

       (a) The overflow of inland or tidal waters;75561

       (b) The unusual and rapid accumulation or runoff of surface 75562
waters from any source;75563

       (c) Mudslides that are proximately caused by flooding as 75564
defined in division (AA)(1)(b) of this section and that are akin 75565
to a river of liquid and flowing mud on the surface of normally 75566
dry land areas, as when earth is carried by a current of water and 75567
deposited along the path of the current.75568

       (2) The collapse or subsidence of land along the shore of a 75569
lake or other body of water as a result of erosion or undermining 75570
that is caused by waves or currents of water exceeding anticipated 75571
cyclical levels or that is suddenly caused by an unusually high 75572
water level in a natural body of water, and that is accompanied by 75573
a severe storm, by an unanticipated force of nature, such as a 75574
flash flood, by an abnormal tidal surge, or by some similarly 75575
unusual and unforeseeable event, that results in flooding as 75576
defined in division (AA)(1)(a) of this section.75577

       (BB) "Flood plain" means the area adjoining any river, 75578
stream, watercourse, or lake that has been or may be covered by 75579
flood water.75580

       (CC) "One-hundred-year flood" means a flood having a one per 75581
cent chance of being equaled or exceeded in any given year.75582

       (DD) "One-hundred-year flood plain" means that portion of a 75583
flood plain inundated by a one-hundred-year flood.75584

       (EE) "Person" has the same meaning as in section 1.59 of the 75585
Revised Code and also includes this state, any political 75586
subdivision of this state, and any other state or local body of 75587
this state.75588

       (FF) "Substantial damage" means damage of any origin 75589
sustained by a manufactured or mobile home that is situated in a 75590
manufactured home park located in a flood plain when the cost of 75591
restoring the home to its condition before the damage occurred 75592
will equal or exceed fifty per cent of the market value of the 75593
home before the damage occurred.75594

       (GG) "Substantially alter" means a change in the layout or 75595
design of a manufactured home park, including, without limitation, 75596
the movement of utilities or changes in established streets, lots, 75597
or sites or in other facilities. In the case of manufactured home 75598
parks located within a one-hundred-year flood plain, 75599
"substantially alter" also includes changes in elevation resulting 75600
from the addition of fill, grading, or excavation that may affect 75601
flood plain management.75602

       (HH) "Tract" means a contiguous area of land that consists of 75603
one or more parcels, lots, or sites that have been separately 75604
surveyed regardless of whether the individual parcels, lots, or 75605
sites have been recorded and regardless of whether the one or more 75606
parcels, lots, or sites are under common or different ownership.75607

       Sec. 4781.02. (A) There is hereby created the manufactured 75608
homes commission which consists of nine members, with three 75609
members appointed by the governor, three members appointed by the 75610
president of the senate, and three members appointed by the 75611
speaker of the house of representatives.75612

       (B)(1) Commission members shall be residents of this state, 75613
except for members appointed pursuant to divisions (B)(3)(b) and 75614
(B)(4)(a) of this section. Members shall be selected from a list 75615
of persons the Ohio manufactured homes association, or any 75616
successor entity, recommends, except for appointments made 75617
pursuant to division (B)(2) of this section.75618

       (2) The governor shall appoint the following members:75619

       (a) One member to represent the board of building standards, 75620
who may be a member of the board or a board employee not in the 75621
classified civil service, with an initial term ending December 31, 75622
2007;75623

       (b) One member to represent the department of health, who may 75624
be a department employee not in the classified civil service, with 75625
an initial term ending December 31, 2005who is registered as a 75626
sanitarian in accordance with Chapter 4736. of the Revised Code, 75627
has experience with the regulation of manufactured homes, and is 75628
an employee of a health district described in section 3709.01 of 75629
the Revised Code;75630

       (c) One member whose primary residence is a manufactured 75631
home, with an initial term ending December 31, 2006.75632

       (3) The president of the senate shall appoint the following 75633
members:75634

        (a) Two members who are manufactured housing installers who 75635
have been actively engaged in the installation of manufactured 75636
housing for the five years immediately prior to appointment, with 75637
the initial term of one installer ending December 31, 2007, and 75638
the initial term of the other installer ending December 31, 2005.75639

       (b) One member who manufactures manufactured homes in this 75640
state or who manufactures manufactured homes in another state and 75641
ships homes into this state, to represent manufactured home 75642
manufacturers, with an initial term ending December 31, 2006.75643

       (4) The speaker of the house of representatives shall appoint 75644
the following members:75645

       (a) One member who operates a manufactured or mobile home 75646
retail business in this state to represent manufactured housing 75647
dealers, with an initial term ending December 31, 2007;75648

       (b) One member who is a manufactured home park operator or is 75649
employed by an operator, with an initial term ending December 31, 75650
2005;75651

       (c) One member to represent the Ohio manufactured home 75652
association, or any successor entity, who may be the president or 75653
executive director of the association or the successor entity, 75654
with an initial term ending December 31, 2006.75655

       (C)(1) After the initial term, each term of office is for 75656
four years ending on the thirty-first day of December. A member 75657
holds office from the date of appointment until the end of the 75658
term. No member may serve more than two consecutive four-year 75659
terms.75660

       (2) Any member appointed to fill a vacancy that occurs prior 75661
to the expiration of a term continues in office for the remainder 75662
of that term. Any member continues in office subsequent to the 75663
expiration date of the term until the member's successor takes 75664
office or until sixty days have elapsed, which ever occurs first.75665

       (3) A vacancy on the commission does not impair the authority 75666
of the remaining members to exercise all of the commission's 75667
powers.75668

       (D)(1) The governor may remove any member from office for 75669
incompetence, neglect of duty, misfeasance, nonfeasance, 75670
malfeasance, or unprofessional conduct in office.75671

       (2) Vacancies shall be filled in the manner of the original 75672
appointment.75673

       Sec. 4781.04. (A) The manufactured homes commission shall 75674
adopt rules pursuant to Chapter 119. of the Revised Code to do all 75675
of the following:75676

       (1) Establish uniform standards that govern the installation 75677
of manufactured housing. Not later than one hundred eighty days 75678
after the secretary of the United States department of housing and 75679
urban development adopts model standards for the installation of 75680
manufactured housing or amends those standards, the commission 75681
shall amend its standards as necessary to be consistent with, and 75682
not less stringent than, the model standards for the design and 75683
installation of manufactured housing the secretary adopts or any 75684
manufacturers' standards that the secretary determines are equal 75685
to or not less stringent than the model standards.75686

       (2) Govern the inspection of the installation of manufactured 75687
housing. The rules shall specify that the commission, any building 75688
department or personnel of any department, any licensor or 75689
personnel of any licensor, or any private third party, certified 75690
pursuant to section 4781.07 of the Revised Code shall conduct all 75691
inspections of the installation of manufactured housing located in 75692
manufactured home parks to determine compliance with the uniform 75693
installation standards the commission establishes pursuant to this 75694
section. 75695

       As used in division (A)(2) of this section, "licensor" has 75696
the same meaning as in section 3733.01 of the Revised Code.75697

       (3) Govern the design, construction, installation, approval, 75698
and inspection of foundations and the base support systems for 75699
manufactured housing. The rules shall specify that the commission, 75700
any building department or personnel of any department, any 75701
licensor or personnel of any licensor, or any private third party, 75702
certified pursuant to section 4781.07 of the Revised Code shall 75703
conduct all inspections of the installation, foundations, and base 75704
support systems of manufactured housing located in manufactured 75705
home parks to determine compliance with the uniform installation 75706
standards and foundation and base support system design the 75707
commission establishes pursuant to this section. 75708

       As used in division (A)(3) of this section, "licensor" has 75709
the same meaning as in section 3733.01 of the Revised Code.75710

       (4) Govern the training, experience, and education 75711
requirements for manufactured housing installers, manufactured 75712
housing dealers, manufactured housing brokers, and manufactured 75713
housing salespersons;75714

       (5) Establish a code of ethics for manufactured housing 75715
installers;75716

       (6) Govern the issuance, revocation, and suspension of 75717
licenses to manufactured housing installers;75718

       (7) Establish fees for the issuance and renewal of licenses, 75719
for conducting inspections to determine an applicant's compliance 75720
with this chapter and the rules adopted pursuant to it, and for 75721
the commission's expenses incurred in implementing this chapter;75722

       (8) Establish conditions under which a licensee may enter 75723
into contracts to fulfill the licensee's responsibilities;75724

       (9) Govern the investigation of complaints concerning any 75725
violation of this chapter or the rules adopted pursuant to it or 75726
complaints involving the conduct of any licensed manufactured 75727
housing installer or person installing manufactured housing 75728
without a license, licensed manufactured housing dealer, licensed 75729
manufactured housing broker, or manufactured housing salesperson;75730

       (10) Establish a dispute resolution program for the timely 75731
resolution of warranty issues involving new manufactured homes, 75732
disputes regarding responsibility for the correction or repair of 75733
defects in manufactured housing, and the installation of 75734
manufactured housing. The rules shall provide for the timely 75735
resolution of disputes between manufacturers, manufactured housing 75736
dealers, and installers regarding the correction or repair of 75737
defects in manufactured housing that are reported by the purchaser 75738
of the home during the one-year period beginning on the date of 75739
installation of the home. The rules also shall provide that 75740
decisions made regarding the dispute under the program are not 75741
binding upon the purchaser of the home or the other parties 75742
involved in the dispute unless the purchaser so agrees in a 75743
written acknowledgement that the purchaser signs and delivers to 75744
the program within ten business days after the decision is issued.75745

       (11) Establish the requirements and procedures for the 75746
certification of building departments and building department 75747
personnel pursuant to section 4781.07 of the Revised Code;75748

       (12) Establish fees to be charged to building departments and 75749
building department personnel applying for certification and 75750
renewal of certification pursuant to section 4781.07 of the 75751
Revised Code;75752

       (13) Develop a policy regarding the maintenance of records 75753
for any inspection authorized or conducted pursuant to this 75754
chapter. Any record maintained under division (A)(13) of this 75755
section shall be a public record under section 149.43 of the 75756
Revised Code.75757

       (14) Carry out any other provision of this chapter.75758

       (B) The manufactured homes commission shall do all of the 75759
following:75760

       (1) Prepare and administer a licensure examination to 75761
determine an applicant's knowledge of manufactured housing 75762
installation and other aspects of installation the commission 75763
determines appropriate;75764

       (2) Select, provide, or procure appropriate examination 75765
questions and answers for the licensure examination and establish 75766
the criteria for successful completion of the examination;75767

       (3) Prepare and distribute any application form this chapter 75768
requires;75769

       (4) Receive applications for licenses and renewal of licenses 75770
and issue licenses to qualified applicants;75771

       (5) Establish procedures for processing, approving, and 75772
disapproving applications for licensure;75773

       (6) Retain records of applications for licensure, including 75774
all application materials submitted and a written record of the 75775
action taken on each application;75776

       (7) Review the design and plans for manufactured housing 75777
installations, foundations, and support systems;75778

       (8) Inspect a sample of homes at a percentage the commission 75779
determines to evaluate the construction and installation of 75780
manufactured housing installations, foundations, and support 75781
systems to determine compliance with the standards the commission 75782
adopts;75783

       (9) Investigate complaints concerning violations of this 75784
chapter or the rules adopted pursuant to it, or the conduct of any 75785
manufactured housing installer, manufactured housing dealer, 75786
manufactured housing broker, or manufactured housing salesperson;75787

       (10) Determine appropriate disciplinary actions for 75788
violations of this chapter;75789

       (11) Conduct audits and inquiries of manufactured housing 75790
installers, manufactured housing dealers, and manufactured housing 75791
brokers as appropriate for the enforcement of this chapter. The 75792
commission, or any person the commission employs for the purpose, 75793
may review and audit the business records of any manufactured 75794
housing installer, dealer, or broker during normal business hours.75795

       (12) Approve an installation training course, which may be 75796
offered by the Ohio manufactured homes association or other 75797
entity;75798

       (13) Perform any function or duty necessary to administer 75799
this chapter and the rules adopted pursuant to it.75800

       (C) Nothing in this section shall be construed to limit the 75801
authority of a board of health to enforce section 3701.344 of the 75802
Revised Code or Chapters 3703., 3718., and 3781. of the Revised 75803
Code.75804

       Sec. 4781.07. (A) Pursuant to rules the manufactured homes 75805
commission adopts, the commission may certify municipal, township, 75806
and county building departments and the personnel of those 75807
departments, licensors as defined in section 3733.01 of the 75808
Revised Code and the personnel of those licensors, or any private 75809
third party, to exercise the commission's enforcement authority, 75810
accept and approve plans and specifications for foundations, 75811
support systems and installations, and inspect manufactured 75812
housing foundations, support systems, and manufactured housing 75813
installations. Any certification is effective for three years.75814

       (B) Following an investigation and finding of facts that 75815
support its action, the commission may revoke or suspend 75816
certification. The commission may initiate an investigation on its 75817
own motion or the petition of a person affected by the enforcement 75818
or approval of plans.75819

       Sec. 4781.09. (A) The manufactured homes commission may deny, 75820
suspend, revoke, or refuse to renew the license of any 75821
manufactured home installer for any of the following reasons:75822

       (1) Failure to satisfy the requirements of section 4781.08 or 75823
4781.10 of the Revised Code;75824

       (2) Violation of this chapter or any rule adopted pursuant to 75825
it;75826

       (3) Making a material misstatement in an application for a 75827
license;75828

       (4) Installing manufactured housing without a license or 75829
without being under the supervision of a licensed manufactured 75830
housing installer;75831

       (5) Failure to appear for a hearing before the commission or 75832
to comply with any final adjudication order of the commission 75833
issued pursuant to this chapter;75834

       (6) Conviction of a felony or a crime involving moral 75835
turpitude;75836

       (7) Having had a license revoked, suspended, or denied by the 75837
commission during the preceding two years;75838

       (8) Having had a license revoked, suspended, or denied by 75839
another state or jurisdiction during the preceding two years;75840

       (9) Engaging in conduct in another state or jurisdiction that 75841
would violate this chapter if committed in this state.75842

       (10) Failing to provide written notification of an 75843
installation pursuant to division (D) of section 4781.11 of the 75844
Revised Code to a county treasurer or county auditor.75845

       (B)(1) Any person whose license or license application is 75846
revoked, suspended, denied, or not renewed or upon whom a civil 75847
penalty is imposed pursuant to division (C) of this section may 75848
request an adjudication hearing on the matter within thirty days 75849
after receipt of the notice of the action. The hearing shall be 75850
held in accordance with Chapter 119. of the Revised Code.75851

       (2) Any licensee or applicant may appeal an order made 75852
pursuant to an adjudication hearing in the manner provided in 75853
section 119.12 of the Revised Code.75854

       (C) As an alternative to suspending, revoking, or refusing to 75855
renew a manufactured housing installer's license, the commission 75856
may impose a civil penalty of not less than one hundred dollars or 75857
more than five hundred dollars per violation of this chapter or 75858
any rule adopted pursuant to it. The commission shall deposit 75859
penalties in the occupational licensing and regulatory fund 75860
pursuant to section 4743.05 of the Revised Code.75861

       (D) A person whose license is suspended, revoked, or not 75862
renewed may apply for a new license two years after the date on 75863
which the license was suspended, revoked, or not renewed.75864

       Sec. 4781.121. (A) The manufactured homes commission, 75865
pursuant to section 4781.04 of the Revised Code, may investigate 75866
any person who allegedly has committed a violation. If, after an 75867
investigation the commission determines that reasonable evidence 75868
exists that a person has committed a violation, within seven days 75869
after that determination, the commission shall send a written 75870
notice to that person in the same manner as prescribed in section 75871
119.07 of the Revised Code for licensees, except that the notice 75872
shall specify that a hearing will be held and specify the date, 75873
time, and place of the hearing.75874

       (B) The commission shall hold a hearing regarding the alleged 75875
violation in the same manner prescribed for an adjudication 75876
hearing under section 119.09 of the Revised Code. If the 75877
commission, after the hearing, determines that a violation has 75878
occurred, the commission, upon an affirmative vote of five of its 75879
members, may impose a fine not exceeding one thousand dollars per 75880
violation per day. The commission's determination is an order that 75881
the person may appeal in accordance with section 119.12 of the 75882
Revised Code.75883

       (C) If the person who allegedly committed a violation fails 75884
to appear for a hearing, the commission may request the court of 75885
common pleas of the county where the alleged violation occurred to 75886
compel the person to appear before the commission for a hearing.75887

       (D) If the commission assesses a person a civil penalty for a 75888
violation and the person fails to pay that civil penalty within 75889
the time period prescribed by the commission pursuant to section 75890
131.02 of the Revised Code, the commission shall forward to the 75891
attorney general the name of the person and the amount of the 75892
civil penalty for the purpose of collecting that civil penalty. In 75893
addition to the civil penalty assessed pursuant to this section, 75894
the person also shall pay any fee assessed by the attorney general 75895
for collection of the civil penalty.75896

       (E) The authority provided to the commission pursuant to this 75897
section, and any fine imposed under this section, shall be in 75898
addition to, and not in lieu of, all penalties and other remedies 75899
provided in this chapter. Any fines collected pursuant to this 75900
section shall be used solely to administer and enforce this 75901
chapter and rules adopted under it. Any fees collected pursuant to 75902
this section shall be transmitted to the treasurer of state and 75903
shall be credited to the manufactured homes commission regulatory 75904
fund created in section 4781.54 of the Revised Code; the fees 75905
shall be used only for the purpose of administering and enforcing 75906
sections 4781.26 to 4781.35 of the Revised Code and the rules 75907
adopted thereunder.75908

       (F) As used in this section, "violation" means a violation of 75909
section 4781.11, 4781.16, or 4781.27, or any rule adopted pursuant 75910
to section 4781.04, of the Revised Code.75911

       Sec. 4781.14.  (A) Except as provided in division (A)(3) of 75912
section 3733.02 of the Revised Code, the state, through theThe75913
manufactured homes commission, has exclusive authority to regulate 75914
manufactured home installers, the installation of manufactured 75915
housing, and manufactured housing foundations and support systems 75916
in thethis state. By enacting this chapter, it is the intent of 75917
the general assembly to preempt municipal corporations and other 75918
political subdivisions from regulating and licensing manufactured 75919
housing installers and regulating and inspecting the installation 75920
of manufactured housing and manufactured housing foundations and 75921
support systems.75922

       (B) Except as provided in division (A)(3) of section 3733.02 75923
of the Revised Code, theThe manufactured homes commission has 75924
exclusive power to adopt rules of uniform application throughout 75925
the state governing installation of manufactured housing, the 75926
inspection of manufactured housing foundations and support 75927
systems, the inspection of the installation of manufactured 75928
housing, the training and licensing of manufactured housing 75929
installers, and the investigation of complaints concerning 75930
manufactured housing installers.75931

       (C) Except as provided in division (A)(3) of section 3733.02 75932
of the Revised Code, theThe rules the commission adopts pursuant 75933
to this chapter are the exclusive rules governing the installation 75934
of manufactured housing, the design, construction, and approval of 75935
foundations for manufactured housing, the licensure of 75936
manufactured home installers, and the fees charged for licensure 75937
of manufactured home installers. No political subdivision of the 75938
state or any department or agency of the state may establish any 75939
other standards governing the installation of manufactured 75940
housing, manufactured housing foundations and support systems, the 75941
licensure of manufactured housing installers, or fees charged for 75942
the licensure of manufactured housing installers.75943

       (D) Nothing in this section limits the authority of the 75944
attorney general to enforce Chapter 1345. of the Revised Code or 75945
to take any action permitted by the Revised Code against 75946
manufactured housing installers, retailers, or manufacturers.75947

       Sec. 4781.15. The remedies provided in sections 4781.01 to 75948
4781.14 of the Revised Codethis chapter are in addition to 75949
remedies otherwise available for the same conduct under state or 75950
local law.75951

       Sec. 3733.02.        Sec. 4781.26.  (A)(1) The public health council75952
manufactured homes commission, subject to Chapter 119. of the 75953
Revised Code, shall adopt, and has the exclusive power to adopt, 75954
rules of uniform application throughout the state governing the 75955
review of plans, issuance of flood plain management permits, and 75956
issuance of licenses for manufactured home parks; the location, 75957
layout, density, construction, drainage, sanitation, safety, and 75958
operation of those parks; and notices of flood events concerning, 75959
and flood protection at, those parks. The rules pertaining to 75960
flood plain management shall be consistent with and not less 75961
stringent than the flood plain management criteria of the national 75962
flood insurance program adopted under the "National Flood 75963
Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as 75964
amended. The rules shall not apply to the construction, erection, 75965
or manufacture of any building to which section 3781.06 of the 75966
Revised Code is applicable.75967

       (2)(B) The rules pertaining to manufactured home parks 75968
constructed after June 30, 1971, shall specify that each home must 75969
be placed on its lot to provide not less than fifteen feet between 75970
the side of one home and the side of another home, ten feet 75971
between the end of one home and the side of another home, and five 75972
feet between the ends of two homes placed end to end.75973

       (3)(C) The manufactured homes commission shall determine 75974
compliance with the installation, blocking, tiedown, foundation, 75975
and base support system standards for manufactured housing located 75976
in manufactured home parks adopted by the commission pursuant to 75977
section 4781.04 of the Revised Code. All inspections of the 75978
installation, blocking, tiedown, foundation, and base support 75979
systems of manufactured housing in a manufactured home park that 75980
the department of health or a licensorcommission conducts shall 75981
be conducted by a person who has completed an installation 75982
training course approved by the manufactured homes commission 75983
certifies pursuant to division (B)(12) of section 4781.044781.0775984
of the Revised Code.75985

       As used in division (A)(3) of this section, "manufactured 75986
housing" has the same meaning as in section 4781.01 of the Revised 75987
Code.75988

       (B) The public health council, in accordance with Chapter 75989
119. of the Revised Code, shall adopt rules of uniform application 75990
throughout the state establishing requirements and procedures in 75991
accordance with which the director of health may authorize 75992
licensors for the purposes of sections 3733.022 and 3733.025 of 75993
the Revised Code. The rules shall include at least provisions 75994
under which a licensor may enter into contracts for the purpose of 75995
fulfilling the licensor's responsibilities under either or both of 75996
those sections. 75997

       (D) The manufactured homes commission may enter into 75998
contracts for the purpose of fulfilling the commission's annual 75999
inspection responsibilities for manufactured home parks under this 76000
chapter. Boards of health of city or general health districts 76001
shall have the right of first refusal for those contracts.76002

       Sec. 3733.03.        Sec. 4781.27.  (A)(1) On or after the first day of 76003
December, but before the first day of January of the next year, 76004
every person who intends to operate a manufactured home park shall 76005
procure a license to operate the park for the next year from the 76006
licensormanufactured homes commission. If the applicable license 76007
fee prescribed under section 3733.044781.28 of the Revised Code 76008
is not received by the licensorcommission by the close of 76009
business on the last day of December, the applicant for the 76010
license shall pay a penalty equal to twenty-five per cent of the 76011
applicable license fee. The penalty shall accompany the license 76012
fee. If the last day of December is not a business day, the 76013
penalty attaches upon the close of business on the next business 76014
day.76015

       (2) No manufactured home park shall be maintained or operated 76016
in this state without a license.76017

       (3) No person who has received a license, upon the sale or 76018
disposition of the manufactured home park, may have the license 76019
transferred to the new operator. A person shall obtain a separate 76020
license to operate each manufactured home park.76021

       (B) Before a license is initially issued and annually 76022
thereafter, or more often if necessary, the licensorcommission76023
shall cause each manufactured home park to be inspected relative 76024
tofor compliance with sections 3733.014781.26 to 3733.084781.3576025
of the Revised Code and the rules adopted under those sections. A 76026
record shall be made of each inspection on a form prescribed by 76027
the director of healthcommission.76028

       (C) Each person applying for an initial license to operate a 76029
manufactured home park shall provide acceptable proof to the 76030
director commission that adequate fire protection will be 76031
provided and that applicable fire codes will be adhered to in the 76032
construction and operation of the park.76033

       Sec. 3733.04.        Sec. 4781.28.  The licensor of a manufactured home 76034
parkmanufactured homes commission may charge a fee for an annual 76035
license to operate such a manufactured home park. The fee for a 76036
license shall be determined in accordance with section 3709.0976037
4781.26 of the Revised Code and shall include the cost of 76038
licensing and all inspections.76039

       The fee also shall include any additional amount determined 76040
by rule of the public health council, which shall be collected and 76041
transmitted by the board of health to the director of health 76042
pursuant to section 3709.092 of the Revised Code and used only for 76043
the purpose of administering and enforcing sections 3733.01 to 76044
3733.08 of the Revised Code and the rules adopted under those 76045
sections. The portion of any fee retained by the board of health76046
Any fees collected shall be paid into a special fundtransmitted 76047
to the treasurer of state and shall be credited to the 76048
manufactured homes commission regulatory fund created in section 76049
4781.54 of the Revised Code and used only for the purpose of 76050
administering and enforcing sections 3733.014781.26 to 3733.0876051
4781.35 of the Revised Code and the rules adopted thereunder.76052

       Sec. 3733.05.        Sec. 4781.29.  The licensor of the health district in 76053
which a manufactured home park is or is to be located, in 76054
accordance with Chapter 119. of the Revised Code,manufactured 76055
homes commission may refuse to grant, may suspend, or may revoke 76056
any license granted to any person for failure to comply with 76057
sections 3733.014781.26 to 3733.084781.35 of the Revised Code or 76058
with any rule adopted by the public health council under section 76059
3733.024781.26 of the Revised Code.76060

       Sec. 3733.06.        Sec. 4781.30.  (A) Upon a license being issued under 76061
sections 3733.034781.27 to 3733.054781.29 of the Revised Code, 76062
any operator shall have the right to rent or use each lot for the 76063
parking or placement of a manufactured home or mobile home to be 76064
used for human habitation without interruption for any period 76065
coextensive with any license or consecutive licenses issued under 76066
sections 3733.034781.27 to 3733.054781.29 of the Revised Code.76067

       (B) No operator of a manufactured home park shall sell 76068
individual lots in a park for eight years following the issuance 76069
of the initial license for the park unless, at the time of sale, 76070
the park fulfills all platting and subdivision requirements 76071
established by the political subdivision in which the park is 76072
located, or the political subdivision has entered into an 76073
agreement with the operator regarding platting and subdivision 76074
requirements and the operator has fulfilled the terms of that 76075
agreement.76076

       Sec. 3733.021.        Sec. 4781.31.  (A) No person shall cause development 76077
to occur within any portion of a manufactured home park until the 76078
plans for the development have been submitted to and reviewed and 76079
approved by the director of healthmanufactured homes commission. 76080
This division does not require that plans be submitted to the 76081
directorcommission for approval for the replacement of 76082
manufactured or mobile homes on previously approved lots in a 76083
manufactured home park when no development is to occur in 76084
connection with the replacement. Within thirty days after receipt 76085
of the plans, all supporting documents and materials required to 76086
complete the review, and the applicable plan review fee 76087
established under division (D) of this section, the director76088
commission shall approve or disapprove the plans.76089

       (B) Any person aggrieved by the director'scommission's76090
disapproval of a set of plans under division (A) of this section 76091
may request a hearing on the matter within thirty days after 76092
receipt of the director'scommission's notice of the disapproval. 76093
The hearing shall be held in accordance with Chapter 119. of the 76094
Revised Code. Thereafter, the disapproval may be appealed in the 76095
manner provided in section 119.12 of the Revised Code.76096

       (C) The directorcommission shall establish a system by which 76097
development occurring within a manufactured home park is inspected 76098
or verified in accordance with rules adopted under division (A) of76099
section 3733.024781.26 of the Revised Code to ensure that the 76100
development complies with the plans approved under division (A) of 76101
this section.76102

       (D) The public health councilcommission shall establish fees 76103
for reviewing plans under division (A) of this section and 76104
conducting inspections under division (C) of this section.76105

       (E) The directorcommission shall charge the appropriate fees 76106
established under division (D) of this section for reviewing plans 76107
under division (A) of this section and conducting inspections 76108
under division (C) of this section. All such plan review and 76109
inspection fees received by the directorcommission shall be 76110
transmitted to the treasurer of state and shall be credited to the 76111
general operationsoccupational licensing and regulatory fund 76112
created in section 3701.834743.05 of the Revised Code. Moneys so 76113
credited to the fund shall be used only for the purpose of 76114
administering and enforcing sections 3733.014781.26 to 3733.0876115
4781.35 of the Revised Code and rules adopted under those 76116
sections.76117

       (F) Plan approvals issued under this section do not 76118
constitute an exemption from the land use and building 76119
requirements of the political subdivision in which the 76120
manufactured home park is or is to be located.76121

       Sec. 3733.022.        Sec. 4781.32.  (A) No person shall cause development 76122
to occur or cause the replacement of a mobile or manufactured home 76123
within any portion of a manufactured home park that is located 76124
within a one-hundred-year flood plain unless the person first 76125
obtains a permit from the director of health or a licensor 76126
authorized by the directormanufactured homes commission. If the 76127
development for which a permit is required under this division is 76128
to occur on a lot where a mobile or manufactured home is or is to 76129
be located, the owner of the home and the operator of the 76130
manufactured home park shall jointly obtain the permit. Each of 76131
the persons to whom a permit is jointly issued is responsible for 76132
compliance with the provisions of the approved permit that are 76133
applicable to that person.76134

       The director or a licensor authorized by the director 76135
commission shall disapprove an application for a permit required 76136
under this division unless the director or the licensorcommission76137
finds that the proposed development or replacement of a mobile or 76138
manufactured home complies with the rules adopted under division 76139
(A) of section 3733.024781.26 of the Revised Code. No permit is 76140
required under this division for the construction, erection, or 76141
manufacture of any building to which section 3781.06 of the 76142
Revised Code applies.76143

       The director or a licensor authorized by the director76144
commission may suspend or revoke a permit issued under this 76145
division for failure to comply with the rules adopted under 76146
division (A) of section 3733.024781.26 of the Revised Code 76147
pertaining to flood plain management or for failure to comply with 76148
the approved permit.76149

       Any person aggrieved by the disapproval, suspension, or 76150
revocation of a permit under this division by the director or by a 76151
licensor authorized by the directorcommission may request a 76152
hearing on the matter within thirty days after receipt of the 76153
notice of the disapproval, suspension, or revocation. The hearing 76154
shall be held in accordance with Chapter 119. of the Revised Code. 76155
Thereafter, an appeal of the disapproval, suspension, or 76156
revocation may be taken in the manner provided in section 119.12 76157
of the Revised Code.76158

       (B) The public health councilcommission shall establish fees 76159
for the issuance of permits under division (A) of this section and 76160
for necessary inspections conducted to determine compliance with 76161
those permits.76162

       (C) The director or a licensor authorized by the director76163
commission shall charge the appropriate fee established under 76164
division (B) of this section for the issuance of a permit under 76165
division (A) of this section or for conducting any necessary 76166
inspection to determine compliance with the permit. If the 76167
directorcommission issues such a permit or conducts such an 76168
inspection, the fee for the permit or inspection shall be 76169
transmitted to the treasurer of state and shall be credited to the 76170
general operationsoccupational licensing and regulatory fund 76171
created in section 3701.834743.05 of the Revised Code. Moneys so 76172
credited to the fund shall be used by the director only for the 76173
purpose of administering and enforcing sections 3733.014781.26 to76174
3733.084781.35 of the Revised Code and rules adopted under those 76175
sections. If the licensor is a board of health, the permit or 76176
inspection fee shall be deposited to the credit of the special 76177
fund of the health district created in section 3733.04 of the 76178
Revised Code and shall be used only for the purpose set forth in 76179
that section.76180

       Sec. 3733.024.        Sec. 4781.33. (A) When a flood event affects a 76181
manufactured home park, the operator of the manufactured home 76182
park, in accordance with rules adopted under division (A) of76183
section 3733.024781.26 of the Revised Code, shall notify the 76184
licensor having jurisdiction of the occurrence ofmanufactured 76185
homes commission and the board of health having jurisdiction where76186
the flood event occurred within forty-eight hours after the end of 76187
the flood event. The commission, after receiving notification, 76188
shall immediately notify the board of health.76189

       No person shall fail to comply with this division.76190

       (B) The licensor having jurisdiction where a flood event 76191
occurred that affected a manufactured home park shall notify the 76192
director of health of the occurrence of the flood event within 76193
twenty-four hours after being notified of the flood event under 76194
division (A) of this section. Within forty-eight hours afterAfter76195
being notified of such a flood event by a licensor, the director76196
board of health shall cause an inspection to be made of the 76197
manufactured home park named in the notice. The board of health 76198
shall issue a report of the inspection to the commission within 76199
ten days after the inspection is completed.76200

       Sec. 3733.025.        Sec. 4781.34.  (A) If a mobile or manufactured home 76201
that is located in a flood plain is substantially damaged, the 76202
owner of the home shall make all alterations, repairs, or changes 76203
to the home, and the operator of the manufactured home park shall 76204
make all alterations, repairs, or changes to the lot on which the 76205
home is located, that are necessary to ensure compliance with the 76206
flood plain management rules adopted under division (A) of section 76207
3733.024781.26 of the Revised Code. Such alterations, repairs, or 76208
changes may include, without limitation, removal of the home or 76209
other structures.76210

       No person shall fail to comply with this division.76211

       (B) No person shall cause to be performed any alteration, 76212
repair, or change required by division (A) of this section unless 76213
the person first obtains a permit from the director of health or a 76214
licensor authorized by the directormanufactured homes commission. 76215
The owner of the home and the operator of the manufactured home 76216
park shall jointly obtain the permit required by this division. 76217
Each of the persons to whom a permit is jointly issued is 76218
responsible for compliance with the provisions of the approved 76219
permit that are applicable to that person.76220

       The director or a licensor authorized by the director76221
commission shall disapprove an application for a permit required 76222
under this division unless the director or the licensorcommission76223
finds that the proposed alteration, repair, or change complies 76224
with the rules adopted under division (A) of section 3733.0276225
4781.26 of the Revised Code. No permit is required under this 76226
division for the construction, erection, or manufacture of any 76227
building to which section 3781.06 of the Revised Code applies.76228

       The director or a licensor authorized by the director76229
commission may suspend or revoke a permit issued under this 76230
division for failure to comply with the rules adopted under 76231
division (A) of section 3733.024781.26 of the Revised Code 76232
pertaining to flood plain management or for failure to comply with 76233
the approved permit for making alterations, repairs, or changes to 76234
the lot on which the manufactured home is located.76235

       Any person aggrieved by the disapproval, suspension, or 76236
revocation of a permit under this division by the director or by a 76237
licensor authorized by the directorcommission may request a 76238
hearing on the matter within thirty days after receipt of the 76239
notice of the disapproval, suspension, or revocation. The hearing 76240
shall be held in accordance with Chapter 119. of the Revised Code. 76241
Thereafter, an appeal of the disapproval, suspension, or 76242
revocation may be taken in the manner provided in section 119.12 76243
of the Revised Code and for necessary inspections conducted to 76244
determine compliance with those permits.76245

       (C) The public health councilcommission shall establish fees 76246
for the issuance of permits under division (B) of this section and 76247
for necessary inspections conducted to determine compliance with 76248
those permits for making alterations, repairs, or changes to the 76249
lot on which the manufactured home is located.76250

       (D) The director or a licensor authorized by the director76251
commission shall charge the appropriate fee established under 76252
division (C) of this section for the issuance of a permit under 76253
division (B) of this section or for conducting any necessary 76254
inspection to determine compliance with the permit. If the 76255
directorcommission issues such a permit or conducts such an 76256
inspection, the fee for the permit or inspection shall be 76257
transmitted to the treasurer of state and shall be credited to the 76258
general operationsoccupational licensing and regulatory fund 76259
created in section 3701.834743.05 of the Revised Code. Moneys so 76260
credited to the fund shall be used by the director only for the 76261
purpose of administering and enforcing sections 3733.014781.26 to76262
3733.084781.35 of the Revised Code and rules adopted under those 76263
sections. If the licensor is a board of health, the permit or 76264
inspection fee shall be deposited to the credit of the special 76265
fund of the health district created in section 3733.04 of the 76266
Revised Code and shall be used only for the purpose set forth in 76267
that section.76268

       Sec. 3733.08.        Sec. 4781.35.  (A) No person shall violate sections 76269
3733.014781.26 to 3733.084781.35 of the Revised Code or the 76270
rules adopted thereunder.76271

       (B) The prosecuting attorney of the county, the city director 76272
of law, or the attorney general, upon complaint of the licensor or 76273
the director of healthmanufactured homes commission, shall 76274
prosecute to termination or bring an action for injunction against 76275
any person violating sections 3733.014781.26 to 3733.084781.3576276
of the Revised Code or the rules adopted thereunder.76277

       Sec. 3733.09.        Sec. 4781.36.  (A) Subject to section 3733.09176278
4781.37 of the Revised Code, a park operator shall not retaliate 76279
against a resident by increasing the resident's rent, decreasing 76280
services that are due to the resident, refusing to renew or 76281
threatening to refuse to renew the rental agreement with the 76282
resident, or bringing or threatening to bring an action for 76283
possession of the resident's premises because:76284

       (1) The resident has complained to an appropriate 76285
governmental agency of a violation of a building, housing, health, 76286
or safety code that is applicable to the premises, and the 76287
violation materially affects health and safety;76288

       (2) The resident has complained to the park operator of any 76289
violation of section 3733.104781.38 of the Revised Code;76290

       (3) The resident joined with other residents for the purpose 76291
of negotiating or dealing collectively with the park operator on 76292
any of the terms and conditions of a rental agreement.76293

       (B) If a park operator acts in violation of division (A) of 76294
this section, the resident may:76295

       (1) Use the retaliatory action of the park operator as a 76296
defense to an action by the park operator to recover possession of 76297
the premises;76298

       (2) Recover possession of the premises;76299

       (3) Terminate the rental agreement.76300

       In addition, the resident may recover from the park operator 76301
any actual damages together with reasonable attorneys fees.76302

       (C) Nothing in division (A) of this section prohibits a park 76303
operator from increasing the rent to reflect the cost of 76304
improvements installed by the park operator in or about the 76305
premises or to reflect an increase in other costs of operation of 76306
the premises.76307

       Sec. 3733.091.        Sec. 4781.37.  (A) Notwithstanding section 3733.0976308
4781.36 of the Revised Code, a park operator may bring an action 76309
under Chapter 1923. of the Revised Code for possession of the 76310
premises if any of the following applies:76311

       (1) The resident is in default in the payment of rent.76312

       (2) The violation of the applicable building, housing, 76313
health, or safety code that the resident complained of was 76314
primarily caused by any act or lack of reasonable care by the 76315
resident, by any other person in the resident's household, or by 76316
anyone on the premises with the consent of the resident.76317

       (3) The resident is holding over the resident's term.76318

       (4) The resident is in violation of rules of the public 76319
health councilmanufactured homes commission adopted pursuant to 76320
section 3733.024781.26 of the Revised Code or rules of the 76321
manufactured home park adopted pursuant to the rules of the public 76322
health councilmanufactured homes commission.76323

       (5) The resident has been absent from the manufactured home 76324
park for a period of thirty consecutive days prior to the 76325
commencement of the action, and the resident's manufactured home, 76326
mobile home, or recreational vehicle parked in the manufactured 76327
home park has been left unoccupied for that thirty-day period, 76328
without notice to the park operator and without payment of rent 76329
due under the rental agreement.76330

       (B) The maintenance of an action by the park operator under 76331
this section does not prevent the resident from recovering damages 76332
for any violation by the park operator of the rental agreement or 76333
of section 3733.104781.38 of the Revised Code.76334

       Sec. 3733.10.        Sec. 4781.38.  (A) A park operator who is a party to 76335
a rental agreement shall:76336

       (1) Comply with the requirements of all applicable building, 76337
housing, health, and safety codes which materially affect health 76338
and safety, and comply with rules of the public health council76339
manufactured homes commission;76340

       (2) Make all repairs and do whatever is reasonably necessary 76341
to put and keep the premises in a fit and habitable condition;76342

       (3) Keep all common areas of the premises in a safe and 76343
sanitary condition;76344

       (4) Maintain in good and safe working order and condition all 76345
electrical and plumbing fixtures and appliances, and septic 76346
systems, sanitary and storm sewers, refuse receptacles, and well 76347
and water systems that are supplied or required to be supplied by76348
himthe park operator;76349

       (5) Not abuse the right of access conferred by division (B) 76350
of section 3733.1014781.39 of the Revised Code;76351

       (6) Except in the case of emergency or if it is impracticable 76352
to do so, give the resident reasonable notice of histhe park 76353
operator's intent to enter onto the residential premises and enter 76354
only at reasonable times. Twenty-four hours' notice shall be 76355
presumed to be a reasonable notice in the absence of evidence to 76356
the contrary.76357

       (B) If the park operator violates any provision of this 76358
section, makes a lawful entry onto the residential premises in an 76359
unreasonable manner, or makes repeated demands for entry otherwise 76360
lawful which demands have the effect of harassing the resident, 76361
the resident may recover actual damages resulting from the 76362
violation, entry, or demands and injunctive relief to prevent the 76363
recurrence of the conduct, and if hethe resident obtains a 76364
judgment, reasonable attorneys' fees, or terminate the rental 76365
agreement.76366

       Sec. 3733.101.        Sec. 4781.39.  (A) A resident who is a party to a 76367
rental agreement shall:76368

       (1) Keep that part of the premises that the resident occupies 76369
and uses safe and sanitary;76370

       (2) Dispose of all rubbish, garbage, and other waste in a 76371
clean, safe, and sanitary manner;76372

       (3) Comply with the requirements imposed on residents by all 76373
applicable state and local housing, health, and safety codes, 76374
rules of the public health councilmanufactured homes commission, 76375
and rules of the manufactured home park;76376

       (4) Personally refrain, and forbid any other person who is on 76377
the premises with the resident's permission, from intentionally or 76378
negligently destroying, defacing, damaging, or removing any 76379
fixture, appliance, or other part of the residential premises;76380

       (5) Conduct self and require other persons on the premises 76381
with the resident's consent to conduct themselves in a manner that 76382
will not disturb the resident's neighbors' peaceful enjoyment of 76383
the manufactured home park.76384

       (B) The resident shall not unreasonably withhold consent for 76385
the park operator to enter the home to inspect utility 76386
connections, or enter onto the premises in order to inspect the 76387
premises, make ordinary, necessary, or agreed repairs, 76388
decorations, alterations, or improvements, deliver parcels which 76389
are too large for the resident's mail facilities, or supply 76390
necessary or agreed services.76391

       (C) If the resident violates any provision of this section, 76392
the park operator may recover any actual damages which result from 76393
the violation and reasonable attorneys' fees. This remedy is in 76394
addition to any right of the park operator to terminate the rental 76395
agreement, to maintain an action for the possession of the 76396
premises, or injunctive relief to compel access under division (B) 76397
of this section.76398

       Sec. 3733.11.        Sec. 4781.40.  (A)(1) TheA manufactured home park 76399
operator shall offer each home owner a written rental agreement 76400
for a manufactured home park lot for a term of one year or more 76401
that contains terms essentially the same as any alternative 76402
month-to-month rental agreement offered to current and prospective 76403
tenants and owners. The park operator shall offer the minimum 76404
one-year rental agreement to the owner prior to installation of 76405
the home in the manufactured home park or, if the home is in the 76406
manufactured home park, prior to the expiration of the owner's 76407
existing rental agreement.76408

       (2) The park operator shall deliver the offer to the owner by 76409
certified mail, return receipt requested, or in person. If the 76410
park operator delivers the offer to the owner in person, the owner 76411
shall complete a return showing receipt of the offer. If the owner 76412
does not accept the offer, the park operator is discharged from 76413
any obligation to make any further such offers. If the owner 76414
accepts the offer, the park operator shall, at the expiration of 76415
each successive rental agreement, offer the owner another rental 76416
agreement, for a term that is mutually agreed upon, and that 76417
contains terms essentially the same as the alternative 76418
month-to-month agreement. The park operator shall deliver 76419
subsequent rental offers by ordinary mail or personal delivery. If 76420
the park operator sells the manufactured home park to another 76421
manufactured home park operator, the purchaser is bound by the 76422
rental agreements entered into by the purchaser's predecessor.76423

       (3) If the park operator sells the manufactured home park for 76424
a use other than as a manufactured home park, the park operator 76425
shall give each tenant and owner a written notification by 76426
certified mail, return receipt requested, or by handing it to the 76427
tenant or owner in person. If the park operator delivers the 76428
notification in person, the recipient shall complete a return 76429
showing receipt of the notification. This notification shall 76430
contain notice of the sale of the manufactured home park, and 76431
notice of the date by which the tenant or owner shall vacate. The 76432
date by which the tenant shall vacate shall be at least one 76433
hundred twenty days after receipt of the written notification, and 76434
the date by which the owner shall vacate shall be at least one 76435
hundred eighty days after receipt of the written notification.76436

       (B) A park operator shall fully disclose in writing all fees, 76437
charges, assessments, including rental fees, and rules prior to a 76438
tenant or owner executing a rental agreement and assuming 76439
occupancy in the manufactured home park. No fees, charges, 76440
assessments, or rental fees so disclosed may be increased nor 76441
rules changed by a park operator without specifying the date of 76442
implementation of the changed fees, charges, assessments, rental 76443
fees, or rules, which date shall be not less than thirty days 76444
after written notice of the change and its effective date to all 76445
tenants or owners in the manufactured home park, and no fee, 76446
charge, assessment, or rental fee shall be increased during the 76447
term of any tenant's or owner's rental agreement. Failure on the 76448
part of the park operator to fully disclose all fees, charges, or 76449
assessments shall prevent the park operator from collecting the 76450
undisclosed fees, charges, or assessments. If a tenant or owner 76451
refuses to pay any undisclosed fees, charges, or assessments, the 76452
refusal shall not be used by the park operator as a cause for 76453
eviction in any court.76454

       (C) A park operator shall promulgate rules governing the 76455
rental or occupancy of a lot in the manufactured home park. The 76456
rules shall not be unreasonable, arbitrary, or capricious. A copy 76457
of the rules and any amendments to them shall be delivered by the 76458
park operator to the tenant or owner prior to signing the rental 76459
agreement. A copy of the rules and any amendments to them shall be 76460
posted in a conspicuous place upon the manufactured home park 76461
grounds.76462

       (D) No park operator shall require an owner to purchase from 76463
the park operator any personal property. The park operator may 76464
determine by rule the style or quality of skirting, equipment for 76465
tying down homes, manufactured or mobile home accessories, or 76466
other equipment to be purchased by an owner from a vendor of the 76467
owner's choosing, provided that the equipment is readily available 76468
to the owner. Any such equipment shall be installed in accordance 76469
with the manufactured home park rules.76470

       (E) No park operator shall charge any owner who chooses to 76471
install an electric or gas appliance in a home an additional fee 76472
solely on the basis of the installation, unless the installation 76473
is performed by the park operator at the request of the owner, nor 76474
shall the park operator restrict the installation, service, or 76475
maintenance of the appliance, restrict the ingress or egress of 76476
repairpersons to the manufactured home park for the purpose of 76477
installation, service, or maintenance of the appliance, nor 76478
restrict the making of any interior improvement in a home, if the 76479
installation or improvement is in compliance with applicable 76480
building codes and other provisions of law and if adequate utility 76481
services are available for the installation or improvement.76482

       (F) No park operator shall require a tenant to lease or an 76483
owner to purchase a manufactured or mobile home from the park 76484
operator or any specific person as a condition of or prerequisite 76485
to entering into a rental agreement.76486

       (G) No park operator shall require an owner to use the 76487
services of the park operator or any other specific person for 76488
installation of the manufactured or mobile home on the residential 76489
premises or for the performance of any service.76490

       (H) No park operator shall:76491

       (1) Deny any owner the right to sell the owner's manufactured 76492
home within the manufactured home park if the owner gives the park 76493
operator ten days' notice of the intention to sell the home;76494

       (2) Require the owner to remove the home from the 76495
manufactured home park solely on the basis of the sale of the 76496
home;76497

       (3) Unreasonably refuse to enter into a rental agreement with 76498
a purchaser of a home located within the operator's manufactured 76499
home park;76500

       (4) Charge any tenant or owner any fee, charge, or 76501
assessment, including a rental fee, that is not set forth in the 76502
rental agreement or, if the rental agreement is oral, is not set 76503
forth in a written disclosure given to the tenant or owner prior 76504
to the tenant or owner entering into a rental agreement;76505

       (5) Charge any owner any fee, charge, or assessment because 76506
of the transfer of ownership of a home or because a home is moved 76507
out of or into the manufactured home park, except a charge for the 76508
actual costs and expenses that are incurred by the park operator 76509
in moving the home out of or into the manufactured home park, or 76510
in installing the home in the manufactured home park and that have 76511
not been reimbursed by another tenant or owner.76512

       (I) If the park operator violates any provision of divisions 76513
(A) to (H) of this section, the tenant or owner may recover actual 76514
damages resulting from the violation, and, if the tenant or owner 76515
obtains a judgment, reasonable attorneys' fees, or terminate the 76516
rental agreement.76517

       (J) No rental agreement shall require a tenant or owner to 76518
sell, lease, or sublet the tenant's or owner's interest in the 76519
rental agreement or the manufactured or mobile home that is or 76520
will be located on the lot that is the subject of the rental 76521
agreement to any specific person or through any specific person as 76522
the person's agent.76523

       (K) No park operator shall enter into a rental agreement with 76524
the owner of a manufactured or mobile home for the use of 76525
residential premises, if the rental agreement requires the owner 76526
of the home, as a condition to the owner's renting, occupying, or 76527
remaining on the residential premises, to pay the park operator or 76528
any other person specified in the rental agreement a fee or any 76529
sum of money based on the sale of the home, unless the owner of 76530
the home uses the park operator or other person as the owner's 76531
agent in the sale of the home.76532

       (L) A park operator and a tenant or owner may include in a 76533
rental agreement any terms and conditions, including any term 76534
relating to rent, the duration of an agreement, and any other 76535
provisions governing the rights and obligations of the parties 76536
that are not inconsistent with or prohibited by sections 3733.09 76537
to 3733.20 of the Revised Code or any other rule of law.76538

       (M) Notwithstanding any other provision of the Revised Code, 76539
the owner of a manufactured or mobile home that was previously 76540
titled by a dealer may utilize the services of a manufactured home76541
housing dealer or broker licensed under Chapter 4517. of the 76542
Revised Codethis chapter or a person properly licensed under 76543
Chapter 4735. of the Revised Code to sell or lease the home.76544

       Sec. 3733.12.        Sec. 4781.41.  (A) If a park operator fails to 76545
fulfill any obligation imposed upon himthe park operator by 76546
section 3733.104781.38 of the Revised Code or by the rental 76547
agreement, or the conditions of the premises are such that the 76548
resident reasonably believes that a park operator has failed to 76549
fulfill any such obligations, or a governmental agency has found 76550
that the premises are not in compliance with building, housing, 76551
health, or safety codes which apply to any condition of the 76552
residential premises that could materially affect the health and 76553
safety of an occupant, the resident may give notice in writing to 76554
the park operator specifying the acts, omissions, or code 76555
violations that constitute noncompliance with such provisions. The 76556
notice shall be sent to the person or place where rent is normally 76557
paid.76558

       (B) If a park operator receives the notice described in 76559
division (A) of this section and after receipt of the notice fails 76560
to remedy the condition within a reasonable time, considering the 76561
severity of the condition and the time necessary to remedy such 76562
condition, or within thirty days, whichever is sooner, and if the 76563
resident is current in rent payments due under the rental 76564
agreement, the resident may do one of the following:76565

       (1) Deposit all rent that is due and thereafter becomes due 76566
the park operator with the clerk of court of the municipal or 76567
county court having jurisdiction in the territory in which the 76568
residential premises are located;76569

       (2) Apply to the court for an order directing the park 76570
operator to remedy the condition. As part thereof, the resident 76571
may deposit rent pursuant to division (B)(1) of this section, and 76572
may apply for an order reducing the periodic rent due the park 76573
operator until such time as the park operator does remedy the 76574
condition, and may apply for an order to use the rent deposited to 76575
remedy the condition. In any order issued pursuant to this 76576
division, the court may require the resident to deposit rent with 76577
the clerk of court as provided in division (B)(1) of this section.76578

       Sec. 3733.121.        Sec. 4781.42.  (A) Whenever a resident deposits rent 76579
with the clerk of a court as provided in section 3733.124781.4176580
of the Revised Code, the clerk shall give written notice of this 76581
fact to the park operator and to histhe park operator's agent, if 76582
any.76583

       (B) The clerk shall place all rent deposited with himthe 76584
clerk in a separate rent escrow account in the name of the clerk 76585
in a bank or building and loan association domiciled in this 76586
state.76587

       (C) The clerk shall keep in a separate docket an account of 76588
each deposit, with the name and address of the resident, and the 76589
name and address of the park operator and of histhe park 76590
operator's agent, if any.76591

       (D) For histhe clerk's costs, the clerk may charge a fee of 76592
one per cent of the amount of the rent deposited, which shall be 76593
assessed as court costs.76594

       (E) All interest that has accrued on the rent deposited by 76595
the clerk of a county court under division (B) of this section 76596
shall be paid into the treasury of the political subdivision for 76597
which the clerk performs histhe clerk's duties. All interest that 76598
has accrued on the rent deposited by the clerk of a municipal 76599
court under division (B) of this section shall be paid into the 76600
city treasury as defined in division (B) of section 1901.03 of the 76601
Revised Code.76602

       Sec. 3733.122.        Sec. 4781.43.  (A) A park operator who receives 76603
notice that rent due himthe park operator has been deposited with 76604
a clerk of court pursuant to section 3733.124781.41 of the 76605
Revised Code, may:76606

       (1) Apply to the clerk of court for release of the rent on 76607
the ground that the condition contained in the notice given 76608
pursuant to division (A) of section 3733.124781.41 of the Revised 76609
Code has been remedied. The clerk shall forthwith release the 76610
rent, less costs, to the park operator if the resident gives 76611
written notice to the clerk that the condition has been remedied.76612

       (2) Apply to the court for release of the rent on the grounds 76613
that the resident did not comply with the notice requirement of 76614
division (A) of section 3733.124781.41 of the Revised Code, or 76615
that the resident was not current in rent payments due under the 76616
rental agreement at the time the resident initiated rent deposits 76617
with the clerk of courts under division (B)(1) of section 3733.1276618
4781.41 of the Revised Code;76619

       (3) Apply to the court for release of the rent on the grounds 76620
that there was no violation of any obligation imposed upon the 76621
park operator by section 3733.104781.38 of the Revised Code or by 76622
the rental agreement, or by any building, housing, health, or 76623
safety code, or that the condition contained in the notice given 76624
pursuant to division (A) of section 3733.124781.41 of the Revised 76625
Code has been remedied.76626

       (B) The resident shall be named as a party to any action 76627
filed by the park operator under this section, and shall have the 76628
right to file an answer and counterclaim, as in other civil cases. 76629
A trial shall be held within sixty days of the date of filing of 76630
the park operator's complaint, unless for good cause shown the 76631
court grants a continuance.76632

       (C) If the court finds that there was no violation of any 76633
obligation imposed upon the park operator by section 3733.1076634
4781.38 of the Revised Code or by the rental agreement, or by any 76635
building, housing, health, or safety code, or that the condition 76636
contained in the notice given pursuant to division (A) of section 76637
3733.124781.41 of the Revised Code has been remedied, or that the 76638
resident did not comply with the notice requirement of division 76639
(A) of section 3733.124781.41 of the Revised Code, or that the 76640
resident was not current in rent payments at the time the resident 76641
initiated rent deposits with the clerk of court under division 76642
(B)(1) of section 3733.124781.41 of the Revised Code, the court 76643
shall order the release to the park operator of rent on deposit 76644
with the clerk, less costs.76645

       (D) If the court finds that the condition contained in the 76646
notice given pursuant to division (A) of section 3733.124781.4176647
of the Revised Code was the result of an act or omission of the 76648
resident, or that the resident intentionally acted in bad faith in 76649
proceeding under section 3733.124781.41 of the Revised Code, the 76650
resident shall be liable for damages caused to the park operator, 76651
and for costs, together with reasonable attorneys' fees if the 76652
resident intentionally acted in bad faith.76653

       Sec. 3733.123.        Sec. 4781.44.  (A) If a park operator brings an 76654
action for the release of rent deposited with a clerk of court, 76655
the court may, during the pendency of the action, upon application 76656
of the park operator, release part of the rent on deposit for 76657
payment of the periodic interest on a mortgage on the premises, 76658
the periodic principal payments on a mortgage on the premises, the 76659
insurance premiums for the premises, real estate taxes on the 76660
premises, utility services, repairs, and other customary and usual 76661
costs of operating the premises.76662

       (B) In determining whether to release rent for the payments 76663
described in division (A) of this section, the court shall 76664
consider the amount of rent the park operator receives from other 76665
lots, the cost of operating these lots, and the costs which may be 76666
required to remedy the condition contained in the notice given 76667
pursuant to division (A) of section 3733.124781.41 of the Revised 76668
Code.76669

       Sec. 3733.13.        Sec. 4781.45.  If a resident commits a material 76670
violation of the rules of the manufactured home park, of the 76671
public health councilmanufactured homes commission, or of 76672
applicable state and local health and safety codes, the park 76673
operator may deliver a written notification of the violation to 76674
the resident. The notification shall contain all of the following:76675

       (A) A description of the violation;76676

       (B) A statement that the rental agreement will terminate upon 76677
a date specified in the written notice not less than thirty days 76678
after receipt of the notice unless the resident remedies the 76679
violation;76680

       (C) A statement that the violation was material and that if a 76681
second material violation of any park or public health council76682
commission rule, or any health and safety code, occurs within six 76683
months after the date of this notice, the rental agreement will 76684
terminate immediately;76685

       (D) A statement that a defense available to termination of 76686
the rental agreement for two material violations of park or public 76687
health councilcommission rules, or of health and safety codes, is 76688
that the park rule is unreasonable, or that the park or public 76689
health councilrulecommission, or health or safety code, is not 76690
being enforced against other manufactured home park residents, or 76691
that the two violations were not willful and not committed in bad 76692
faith.76693

       If the resident remedies the condition described in the 76694
notice, whether by repair, the payment of damages, or otherwise, 76695
the rental agreement shall not terminate. The park operator may 76696
terminate the rental agreement immediately if the resident commits 76697
a second material violation of the park or public health council76698
commission rules, or of applicable state and local health and 76699
safety codes, subject to the defense that the park rule is 76700
unreasonable, that the park or public health councilcommission76701
rule, or health or safety code, is not being enforced against 76702
other manufactured home park residents, or that the two violations 76703
were not willful and not committed in bad faith.76704

       Sec. 3733.14.        Sec. 4781.46.  In any action under sections 3733.0976705
4781.36 to 3733.204781.52 of the Revised Code, any party may 76706
recover damages for the breach of contract or the breach of any 76707
duty that is imposed by law.76708

       Sec. 3733.15.        Sec. 4781.47.  (A) No provision of sections 3733.0976709
4781.36 to 3733.204781.52 of the Revised Code may be modified or 76710
waived by any oral or written agreement except as provided in 76711
division (F) of this section.76712

       (B) No warrant of attorney to confess judgment shall be 76713
recognized in any rental agreement or in any other agreement 76714
between a park operator and resident for the recovery of rent or 76715
damages to the residential premises.76716

       (C) No agreement to pay the park operator's or resident's 76717
attorney fees shall be recognized in any rental agreement for 76718
residential premises or in any other agreement between a park 76719
operator and resident.76720

       (D) No agreement by a resident to the exculpation or 76721
limitation of any liability of the park operator arising under law 76722
or to indemnify the park operator for that liability or its 76723
related costs shall be recognized in any rental agreement or in 76724
any other agreement between a park operator and resident.76725

       (E) A rental agreement, or the assignment, conveyance, trust 76726
deed, or security instrument of the park operator's interest in 76727
the rental agreement may not permit the receipt of rent free of 76728
the obligation to comply with section 3733.104781.38 of the 76729
Revised Code.76730

       (F) The park operator may agree to assume responsibility for 76731
fulfilling any duty or obligation imposed on a resident by section 76732
3733.1014781.39 of the Revised Code.76733

       Sec. 3733.16.        Sec. 4781.48.  (A) If the court as a matter of law 76734
finds a rental agreement, or any clause of it, to have been 76735
unconscionable at the time it was made, it may refuse to enforce 76736
the rental agreement or it may enforce the remainder of the rental 76737
agreement without the unconscionable clause, or it may so limit 76738
the application of any unconscionable clause as to avoid any 76739
unconscionable result.76740

       (B) When it is claimed or appears to the court that the 76741
rental agreement, or any clause of it, may be unconscionable, the 76742
parties shall be afforded a reasonable opportunity to present 76743
evidence as to its setting, purpose, and effect to aid the court 76744
in making the determination.76745

       Sec. 3733.17.        Sec. 4781.49.  (A) No park operator of residential 76746
premises shall initiate any act, including termination of 76747
utilities or services, exclusion from the premises, or threat of 76748
any unlawful act, against a resident, or a resident whose right to 76749
possession has terminated, for the purpose of recovering 76750
possession of residential premises, other than as provided in 76751
Chapters 1923., 3733.4781., and 5303. of the Revised Code.76752

       (B) No park operator of residential premises shall seize the 76753
furnishings or possessions of a resident, or of a resident whose 76754
right to possession was terminated, for the purpose of recovering 76755
rent payments, other than in accordance with an order issued by a 76756
court of competent jurisdiction.76757

       (C) A park operator who violates this section is liable in a 76758
civil action for all damages caused to a resident, or to a 76759
resident whose right to possession has terminated, together with 76760
reasonable attorneys' fees.76761

       Sec. 3733.18.        Sec. 4781.50.  (A) Any security deposit in excess of 76762
fifty dollars or one month's periodic rent, whichever is greater, 76763
shall bear interest on the excess at the rate of five per cent per 76764
annum if the resident remains in possession of the premises for 76765
six months or more, and shall be computed and paid annually by the 76766
park operator to the resident.76767

       (B) Upon termination of the rental agreement any property or 76768
money held by the park operator as a security deposit may be 76769
applied to the payment of past due rent and to the payment of the 76770
amount of damages that the park operator has suffered by reason of 76771
the resident's noncompliance with section 3733.1014781.39 of the 76772
Revised Code or the rental agreement. Any deduction from the 76773
security deposit shall be itemized and identified by the park 76774
operator in a written notice delivered to the resident together 76775
with the amount due, within thirty days after termination of the 76776
rental agreement and delivery of possession. The resident shall 76777
provide the park operator in writing with a forwarding address or 76778
new address to which the written notice and amount due from the 76779
park operator may be sent. If the resident fails to provide the 76780
park operator with the forwarding or new address as required, the 76781
resident shall not be entitled to damages or attorneys' fees under 76782
division (C) of this section.76783

       (C) If the park operator fails to comply with division (B) of 76784
this section, the resident may recover the property and money due 76785
himthe resident, together with damages in an amount equal to the 76786
amount wrongfully withheld, and reasonable attorneys' fees.76787

       Sec. 3733.19.        Sec. 4781.51.  (A) Every written rental agreement for 76788
residential premises shall contain the name and address of the 76789
owner of the residential premises and the name and address of the 76790
owner's agent, if any. If the owner or the owner's agent is a 76791
corporation, partnership, limited partnership, association, trust, 76792
or other entity, the address shall be the principal place of 76793
business in the county in which the residential premises are 76794
situated or if there is no place of business in such county then 76795
its principal place of business in this state, and shall include 76796
the name of the person in charge thereof.76797

       (B) If the rental agreement is oral, the park operator, at 76798
the commencement of the term of occupancy, shall deliver to the 76799
resident a written notice containing the information required in 76800
division (A) of this section.76801

       (C) If the park operator fails to provide the notice of the 76802
name and address of the owner and owner's agent, if any, as 76803
required under division (A) or (B) of this section, the notices to 76804
the park operator required under division (A) of sections 3733.1276805
4781.41 and 3733.1214781.42 of the Revised Code are waived by the 76806
park operator and the operator's agent.76807

       (D) Every written rental agreement for residential premises 76808
shall contain the following notice in ten-point boldface type:76809

       "YOUR RIGHTS AS A RESIDENT AND YOUR MANUFACTURED HOME PARK 76810
OPERATOR'S RIGHTS ARE PROTECTED BY SECTIONS 3733.094781.36 TO 76811
3733.204781.52 OF THE REVISED CODE, WHICH REGULATE RENTAL 76812
AGREEMENTS IN MANUFACTURED HOME PARKS."76813

       If the rental agreement is oral, the park operator, at the 76814
commencement of the term of occupancy, shall deliver the notice to 76815
the resident in writing.76816

       Sec. 3733.20.        Sec. 4781.52.  No municipal corporation may adopt or 76817
continue in existence any ordinance and no township may adopt or 76818
continue in existence any resolution that is in conflict with 76819
sections 3733.094781.36 to 3733.204781.52 of the Revised Code, 76820
or that regulates those rights and obligations of parties to a 76821
rental agreement that are regulated by sections 3733.094781.36 to 76822
3733.204781.52 of the Revised Code. Sections 3733.094781.36 to 76823
3733.204781.52 of the Revised Code do not preempt any housing, 76824
building, health, or safety codes of any municipal corporation or 76825
township.76826

       Sec. 4781.54.  There is hereby created in the state treasury 76827
the manufactured homes commission regulatory fund. The fund shall 76828
consist of fees collected under section 4781.121 of the Revised 76829
Code and fees paid under section 4781.28 of the Revised Code and 76830
shall be used for the purposes described in those sections.76831

       Sec. 4781.99.  (A) Whoever violates division (A) of section 76832
4781.16 of the Revised Code is guilty of a minor misdemeanor on a 76833
first offense and shall be subject to a mandatory fine of one 76834
hundred dollars. On a second offense, the person is guilty of a 76835
misdemeanor of the first degree and shall be subject to a 76836
mandatory fine of one thousand dollars.76837

       (B) Whoever violates section 4781.20 of the Revised Code is 76838
guilty of a minor misdemeanor.76839

       (C) Whoever violates any of the following is guilty of a 76840
misdemeanor of the fourth degree: 76841

       (1) Division (B) or (C) of section 4781.16 of the Revised 76842
Code;76843

       (2) Section 4781.22 of the Revised Code;76844

       (3) Section 4781.23 of the Revised Code;76845

       (4) Division (A) of section 4781.24 of the Revised Code;76846

       (5) Section 4781.25 of the Revised Code;76847

       (6) Division (A) of section 4781.35 of the Revised Code.76848

       Sec. 4905.90.  As used in sections 4905.90 to 4905.96 of the 76849
Revised Code:76850

       (A) "Contiguous property" includes, but is not limited to, a 76851
manufactured home park as defined in section 3733.014781.01 of 76852
the Revised Code; a public or publicly subsidized housing project; 76853
an apartment complex; a condominium complex; a college or 76854
university; an office complex; a shopping center; a hotel; an 76855
industrial park; and a race track.76856

       (B) "Gas" means natural gas, flammable gas, or gas which is 76857
toxic or corrosive.76858

       (C) "Gathering lines" and the "gathering of gas" have the 76859
same meaning as in the Natural Gas Pipeline Safety Act and the 76860
rules adopted by the United States department of transportation 76861
pursuant to the Natural Gas Pipeline Safety Act, including 49 76862
C.F.R. part 192, as amended.76863

       (D) "Intrastate pipe-line transportation" has the same 76864
meaning as in 82 Stat. 720 (1968), 49 U.S.C.A. App. 1671, as 76865
amended, but excludes the gathering of gas exempted by the Natural 76866
Gas Pipeline Safety Act.76867

       (E) "Master-meter system" means a pipe-line system that 76868
distributes gas within a contiguous property for which the system 76869
operator purchases gas for resale to consumers, including tenants. 76870
Such pipe-line system supplies consumers who purchase the gas 76871
directly through a meter, or by paying rent, or by other means. 76872
The term includes a master-meter system as defined in 49 C.F.R. 76873
191.3, as amended. The term excludes a pipeline within a 76874
manufactured home, mobile home, or a building.76875

       (F) "Natural Gas Pipeline Safety Act" means the "Natural Gas 76876
Pipeline Safety Act of 1968," 82 Stat. 720, 49 U.S.C.A. App. 1671 76877
et seq., as amended.76878

       (G) "Operator" means any of the following:76879

       (1) A gas company or natural gas company as defined in 76880
section 4905.03 of the Revised Code, except that division (A)(5) 76881
of that section does not authorize the public utilities commission 76882
to relieve any producer of gas, as a gas company or natural gas 76883
company, of compliance with sections 4905.90 to 4905.96 of the 76884
Revised Code or the pipe-line safety code created under section 76885
4905.91 of the Revised Code;76886

       (2) A pipe-line company, as defined in section 4905.03 of the 76887
Revised Code, when engaged in the business of transporting gas by 76888
pipeline;76889

       (3) A public utility that is excepted from the definition of 76890
"public utility" under division (B) or (C) of section 4905.02 of 76891
the Revised Code, when engaged in supplying or transporting gas by 76892
pipeline within this state;76893

       (4) Any person that owns, operates, manages, controls, or 76894
leases any of the following:76895

       (a) Intrastate pipe-line transportation facilities within 76896
this state;76897

       (b) Gas gathering lines within this state which are not 76898
exempted by the Natural Gas Pipeline Safety Act;76899

       (c) A master-meter system within this state.76900

       "Operator" does not include an ultimate consumer who owns a 76901
service line, as defined in 49 C.F.R. 192.3, as amended, on the 76902
real property of that ultimate consumer.76903

       (H) "Operator of a master-meter system" means a person 76904
described under division (F)(G)(4)(c) of this section. An operator 76905
of a master-meter system is not a public utility under section 76906
4905.02 or a gas or natural gas company under section 4905.03 of 76907
the Revised Code.76908

       (I) "Person" means:76909

       (1) In addition to those defined in division (C) of section 76910
1.59 of the Revised Code, a joint venture or a municipal 76911
corporation;76912

       (2) Any trustee, receiver, assignee, or personal 76913
representative of persons defined in division (H)(I)(1) of this 76914
section.76915

       (J) "Safety audit" means the public utilities commission's 76916
audit of the premises, pipe-line facilities, and the records, 76917
maps, and other relevant documents of a master-meter system to 76918
determine the operator's compliance with sections 4905.90 to 76919
4905.96 of the Revised Code and the pipe-line safety code.76920

       (K) "Safety inspection" means any inspection, survey, or 76921
testing of a master-meter system which is authorized or required 76922
by sections 4905.90 to 4905.96 of the Revised Code and the 76923
pipe-line safety code. The term includes, but is not limited to, 76924
leak surveys, inspection of regulators and critical valves, and 76925
monitoring of cathodic protection systems, where applicable.76926

       (L) "Safety-related condition" means any safety-related 76927
condition defined in 49 C.F.R. 191.23, as amended.76928

       (M) "Total Mcfs of gas it supplied or delivered" means the 76929
sum of the following volumes of gas that an operator supplied or 76930
delivered, measured in units per one thousand cubic feet:76931

       (1) Residential sales;76932

       (2) Commercial and industrial sales;76933

       (3) Other sales to public authorities;76934

       (4) Interdepartmental sales;76935

       (5) Sales for resale;76936

       (6) Transportation of gas.76937

Sec. 4905.98. Public utilities shall do their best to include 76938
minority and bilingual consumer outreach, which includes, but is 76939
not limited to, newspaper. As used in this section, "minority" has 76940
the same meaning as in section 184.17 of the Revised Code.76941

       Sec. 4909.15.  (A) The public utilities commission, when 76942
fixing and determining just and reasonable rates, fares, tolls, 76943
rentals, and charges, shall determine:76944

       (1) The valuation as of the date certain of the property of 76945
the public utility used and useful in rendering the public utility 76946
service for which rates are to be fixed and determined. The 76947
valuation so determined shall be the total value as set forth in 76948
division (J) of section 4909.05 of the Revised Code, and a 76949
reasonable allowance for materials and supplies and cash working 76950
capital, as determined by the commission.76951

       The commission, in its discretion, may include in the 76952
valuation a reasonable allowance for construction work in progress 76953
but, in no event, may such an allowance be made by the commission 76954
until it has determined that the particular construction project 76955
is at least seventy-five per cent complete.76956

       In determining the percentage completion of a particular 76957
construction project, the commission shall consider, among other 76958
relevant criteria, the per cent of time elapsed in construction; 76959
the per cent of construction funds, excluding allowance for funds 76960
used during construction, expended, or obligated to such 76961
construction funds budgeted where all such funds are adjusted to 76962
reflect current purchasing power; and any physical inspection 76963
performed by or on behalf of any party, including the commission's 76964
staff.76965

       A reasonable allowance for construction work in progress 76966
shall not exceed ten per cent of the total valuation as stated in 76967
this division, not including such allowance for construction work 76968
in progress.76969

       Where the commission permits an allowance for construction 76970
work in progress, the dollar value of the project or portion 76971
thereof included in the valuation as construction work in progress 76972
shall not be included in the valuation as plant in service until 76973
such time as the total revenue effect of the construction work in 76974
progress allowance is offset by the total revenue effect of the 76975
plant in service exclusion. Carrying charges calculated in a 76976
manner similar to allowance for funds used during construction 76977
shall accrue on that portion of the project in service but not 76978
reflected in rates as plant in service, and such accrued carrying 76979
charges shall be included in the valuation of the property at the 76980
conclusion of the offset period for purposes of division (J) of 76981
section 4909.05 of the Revised Code.76982

       From and after April 10, 1985, no allowance for construction 76983
work in progress as it relates to a particular construction 76984
project shall be reflected in rates for a period exceeding 76985
forty-eight consecutive months commencing on the date the initial 76986
rates reflecting such allowance become effective, except as 76987
otherwise provided in this division.76988

       The applicable maximum period in rates for an allowance for 76989
construction work in progress as it relates to a particular 76990
construction project shall be tolled if, and to the extent, a 76991
delay in the in-service date of the project is caused by the 76992
action or inaction of any federal, state, county, or municipal 76993
agency having jurisdiction, where such action or inaction relates 76994
to a change in a rule, standard, or approval of such agency, and 76995
where such action or inaction is not the result of the failure of 76996
the utility to reasonably endeavor to comply with any rule, 76997
standard, or approval prior to such change.76998

       In the event that such period expires before the project goes 76999
into service, the commission shall exclude, from the date of 77000
expiration, the allowance for the project as construction work in 77001
progress from rates, except that the commission may extend the 77002
expiration date up to twelve months for good cause shown.77003

       In the event that a utility has permanently canceled, 77004
abandoned, or terminated construction of a project for which it 77005
was previously permitted a construction work in progress 77006
allowance, the commission immediately shall exclude the allowance 77007
for the project from the valuation.77008

       In the event that a construction work in progress project 77009
previously included in the valuation is removed from the valuation 77010
pursuant to this division, any revenues collected by the utility 77011
from its customers after April 10, 1985, that resulted from such 77012
prior inclusion shall be offset against future revenues over the 77013
same period of time as the project was included in the valuation 77014
as construction work in progress. The total revenue effect of such 77015
offset shall not exceed the total revenues previously collected.77016

       In no event shall the total revenue effect of any offset or 77017
offsets provided under division (A)(1) of this section exceed the 77018
total revenue effect of any construction work in progress 77019
allowance.77020

       (2) A fair and reasonable rate of return to the utility on 77021
the valuation as determined in division (A)(1) of this section;77022

       (3) The dollar annual return to which the utility is entitled 77023
by applying the fair and reasonable rate of return as determined 77024
under division (A)(2) of this section to the valuation of the 77025
utility determined under division (A)(1) of this section;77026

       (4) The cost to the utility of rendering the public utility 77027
service for the test period less the total of any interest on cash 77028
or credit refunds paid, pursuant to section 4909.42 of the Revised 77029
Code, by the utility during the test period.77030

       (a) Federal, state, and local taxes imposed on or measured by 77031
net income may, in the discretion of the commission, be computed 77032
by the normalization method of accounting, provided the utility 77033
maintains accounting reserves that reflect differences between 77034
taxes actually payable and taxes on a normalized basis, provided 77035
that no determination as to the treatment in the rate-making 77036
process of such taxes shall be made that will result in loss of 77037
any tax depreciation or other tax benefit to which the utility 77038
would otherwise be entitled, and further provided that such tax 77039
benefit as redounds to the utility as a result of such a 77040
computation may not be retained by the company, used to fund any 77041
dividend or distribution, or utilized for any purpose other than 77042
the defrayal of the operating expenses of the utility and the 77043
defrayal of the expenses of the utility in connection with 77044
construction work.77045

       (b) The amount of any tax credits granted to an electric 77046
light company under section 5727.391 of the Revised Code for Ohio 77047
coal burned prior to January 1, 2000, shall not be retained by the 77048
company, used to fund any dividend or distribution, or utilized 77049
for any purposes other than the defrayal of the allowable 77050
operating expenses of the company and the defrayal of the 77051
allowable expenses of the company in connection with the 77052
installation, acquisition, construction, or use of a compliance 77053
facility. The amount of the tax credits granted to an electric 77054
light company under that section for Ohio coal burned prior to 77055
January 1, 2000, shall be returned to its customers within three 77056
years after initially claiming the credit through an offset to the 77057
company's rates or fuel component, as determined by the 77058
commission, as set forth in schedules filed by the company under 77059
section 4905.30 of the Revised Code. As used in division 77060
(A)(4)(c)(b) of this section, "compliance facility" has the same 77061
meaning as in section 5727.391 of the Revised Code.77062

       (B) The commission shall compute the gross annual revenues to 77063
which the utility is entitled by adding the dollar amount of 77064
return under division (A)(3) of this section to the cost of 77065
rendering the public utility service for the test period under 77066
division (A)(4) of this section.77067

       (C) The test period, unless otherwise ordered by the 77068
commission, shall be the twelve-month period beginning six months 77069
prior to the date the application is filed and ending six months 77070
subsequent to that date. In no event shall the test period end 77071
more than nine months subsequent to the date the application is 77072
filed. The revenues and expenses of the utility shall be 77073
determined during the test period. The date certain shall be not 77074
later than the date of filing.77075

       (D) When the(1) The commission shall fix and determine the 77076
just and reasonable rate, fare, charge, toll, rental, or service 77077
to be rendered, charged, demanded, exacted, or collected for the 77078
performance or rendition of a service that will provide a public 77079
utility the allowable gross annual revenues under division (B) of 77080
this section, and order such just and reasonable rate, fare, 77081
charge, toll, rental, or service to be substituted for the 77082
existing one, when either of the following apply:77083

       (a) The commission is of the opinion, after hearing and after 77084
making the determinations under divisions (A) and (B) of this 77085
section, that any of the following apply:77086

       (i) Any rate, fare, charge, toll, rental, schedule, 77087
classification, or service, or any joint rate, fare, charge, toll, 77088
rental, schedule, classification, or service rendered, charged, 77089
demanded, exacted, or proposed to be rendered, charged, demanded, 77090
or exacted, is, or will be, unjust, unreasonable, unjustly 77091
discriminatory, unjustly preferential, or in violation of law, 77092
that the.77093

       (ii) The service is, or will be, inadequate, or that the.77094

       (iii) The maximum rates, charges, tolls, or rentals 77095
chargeable by any such public utility are insufficient to yield 77096
reasonable compensation for the service rendered, and are unjust 77097
and unreasonable, the commission shall.77098

       (b) A public utility's rate, fare, charge, toll, rental, or 77099
schedule, or joint rate, fare, charge, toll, rental, or schedule, 77100
charged, demanded, exacted, or proposed to be charged, demanded, 77101
or exacted, was, or will be, determined in part based on the 77102
utility's payments of assessments under section 4911.18 of the 77103
Revised Code that were based on an appropriation to the office of 77104
the consumers' counsel for fiscal year 2011 or a prior fiscal year 77105
and that exceeded the minimum assessment under that section.77106

       (2) The commission shall make the fixations and 77107
determinations under division (D)(1)(a) of this section:77108

       (1)(a) With due regard among other things to the value of all 77109
property of the public utility actually used and useful for the 77110
convenience of the public as determined under division (A)(1) of 77111
this section, excluding from such value the value of any franchise 77112
or right to own, operate, or enjoy the same in excess of the 77113
amount, exclusive of any tax or annual charge, actually paid to 77114
any political subdivision of the state or county, as the 77115
consideration for the grant of such franchise or right, and 77116
excluding any value added to such property by reason of a monopoly 77117
or merger, with due regard in determining the dollar annual return 77118
under division (A)(3) of this section to the necessity of making 77119
reservation out of the income for surplus, depreciation, and 77120
contingencies, and;77121

       (2)(b) With due regard to all such other matters as are 77122
proper, according to the facts in each case,77123

       (a)(i) Including a fair and reasonable rate of return 77124
determined by the commission with reference to a cost of debt 77125
equal to the actual embedded cost of debt of such public utility,77126

       (b)(ii) But not including the portion of any periodic rental 77127
or use payments representing that cost of property that is 77128
included in the valuation report under divisions (F) and (G) of 77129
section 4909.05 of the Revised Code, fix and determine the just 77130
and reasonable rate, fare, charge, toll, rental, or service to be 77131
rendered, charged, demanded, exacted, or collected for the 77132
performance or rendition of the service that will provide the 77133
public utility the allowable gross annual revenues under division 77134
(B) of this section, and order such just and reasonable rate, 77135
fare, charge, toll, rental, or service to be substituted for the 77136
existing one. After such determination.77137

       (3) The commission shall make the fixations and 77138
determinations under division (D)(1)(b) of this section 77139
exclusively with regard to the payments of assessments that are 77140
required to be calculated based on the appropriation to the office 77141
of the consumers' counsel for fiscal year 2012. The commission 77142
shall make all such fixations and determinations on or before 77143
December 31, 2011, unless the public utility has filed an 77144
application with the commission under section 4909.18 of the 77145
Revised Code and the application is pending on the effective date 77146
of this section.77147

       (4) After a determination and order made under division (D) 77148
of this section, no change in the rate, fare, toll, charge, 77149
rental, schedule, classification, or service shall be made, 77150
rendered, charged, demanded, exacted, or changed by such public 77151
utility without the order of the commission, and any other rate, 77152
fare, toll, charge, rental, classification, or service is 77153
prohibited.77154

       (E) Upon application of any person or any public utility, and 77155
after notice to the parties in interest and opportunity to be 77156
heard as provided in Chapters 4901., 4903., 4905., 4907., 4909., 77157
4921., and 4923. of the Revised Code for other hearings, has been 77158
given, the commission may rescind, alter, or amend an order fixing 77159
any rate, fare, toll, charge, rental, classification, or service, 77160
or any other order made by the commission. Certified copies of 77161
such orders shall be served and take effect as provided for 77162
original orders.77163

       Sec. 4911.02.  (A) The consumers' counsel shall be appointed 77164
by the consumers' counsel governing board, and shall hold office 77165
at the pleasure of the board.77166

       (B)(1) The counsel may sue or be sued and has the powers and 77167
duties granted himthe counsel under this chapter, and all 77168
necessary powers to carry out the purposes of this chapter.77169

       (2) Without limitation because of enumeration, the counsel:77170

       (a) Shall have all the rights and powers of any party in 77171
interest appearing before the public utilities commission 77172
regarding examination and cross-examination of witnesses, 77173
presentation of evidence, and other matters;77174

       (b) May take appropriate action with respect to residential 77175
consumer complaints concerning quality of service, service 77176
charges, and the operation of the public utilities commission;77177

       (c) May institute, intervene in, or otherwise participate in 77178
proceedings in both state and federal courts and administrative 77179
agencies on behalf of the residential consumers concerning review 77180
of decisions rendered by, or failure to act by, the public 77181
utilities commission;77182

       (d) May conduct long range studies concerning various topics 77183
relevant to the rates charged to residenialresidential consumers.77184

       (C) The counsel shall not advocate or otherwise promote any 77185
position contrary to development of competitive markets in this 77186
state, including any position contrary to natural gas retail 77187
auctions, merchant-function exit, or the policies of this state 77188
relating to competitive natural gas markets as set forth in 77189
Chapter 4929. of the Revised Code.77190

       Sec. 4911.021.  The consumers' counsel shall not operate a 77191
telephone call center for consumer complaints. Any calls received 77192
by the consumers' counsel concerning consumer complaints shall be 77193
forwarded to the public utilities commission's call center.77194

       Sec. 4927.17. (A) Except as provided in sections 4927.07 and 77195
4927.12 of the Revised Code and, if applicable, under rules 77196
adopted by the public utilities commission for the pilot program 77197
for community-voicemail service created in S.B. 162 of the 128th 77198
general assembly, a telephone company shall provide at least 77199
fifteen days' advance notice to its affected customers of any 77200
material change in the rates, terms, and conditions of a service 77201
and any change in the company's operations that are not 77202
transparent to customers and may impact service.77203

       (B) A telephone company shall inform its customers of the 77204
commission's toll-free number and e-mail address on all bills and 77205
disconnection notices and any residential customers of the office 77206
of the consumers' counsel's toll-free number and e-mail address on 77207
all residential bills and disconnection notices.77208

       Sec. 4928.10.  For the protection of consumers in this state, 77209
the public utilities commission shall adopt rules under division 77210
(A) of section 4928.06 of the Revised Code specifying the 77211
necessary minimum service requirements, on or after the starting 77212
date of competitive retail electric service, of an electric 77213
utility, electric services company, electric cooperative, or 77214
governmental aggregator subject to certification under section 77215
4928.08 of the Revised Code regarding the provision directly or 77216
through its billing and collection agent of competitive retail 77217
electric services for which it is subject to certification. Rules 77218
adopted under this section shall include a prohibition against 77219
unfair, deceptive, and unconscionable acts and practices in the 77220
marketing, solicitation, and sale of such a competitive retail 77221
electric service and in the administration of any contract for 77222
service, and also shall include additional consumer protections 77223
concerning all of the following:77224

       (A) Contract disclosure. The rules shall include requirements 77225
that an electric utility, electric services company, electric 77226
cooperative, or governmental aggregator subject to certification 77227
under section 4928.08 of the Revised Code do both of the 77228
following:77229

       (1) Provide consumers with adequate, accurate, and 77230
understandable pricing and terms and conditions of service, 77231
including any switching fees, and with a document containing the 77232
terms and conditions of pricing and service before the consumer 77233
enters into the contract for service;77234

       (2) Disclose the conditions under which a customer may 77235
rescind a contract without penalty.77236

       (B) Service termination. The rules shall include disclosure 77237
of the terms identifying how customers may switch or terminate 77238
service, including any required notice and any penalties.77239

       (C) Minimum content of customer bills. The rules shall 77240
include all of the following requirements, which shall be 77241
standardized:77242

       (1) Price disclosure and disclosures of total billing units 77243
for the billing period and historical annual usage; 77244

       (2) To the maximum extent practicable, separate listing of 77245
each service component to enable a customer to recalculate its 77246
bill for accuracy;77247

       (3) Identification of the supplier of each service;77248

       (4) Statement of where and how payment may be made and 77249
provision of a toll-free or local customer assistance and 77250
complaint number for the electric utility, electric services 77251
company, electric cooperative, or governmental aggregator, as well 77252
as a consumer assistance telephone number or numbers for state 77253
agencies, such as the commission, the office of the consumers' 77254
counsel, and the attorney general's office, with the available 77255
hours noted;77256

       (5) Other than for the first billing after the starting date 77257
of competitive retail electric service, highlighting and clear 77258
explanation on each customer bill, for two consecutive billing 77259
periods, of any changes in the rates, terms, and conditions of 77260
service.77261

       (D) Disconnection and service termination, including 77262
requirements with respect to master-metered buildings. The rules 77263
shall include policies and procedures that are consistent with 77264
sections 4933.121 and 4933.122 of the Revised Code and the 77265
commission's rules adopted under those sections, and that provide 77266
for all of the following:77267

       (1) Coordination between suppliers for the purpose of 77268
maintaining service;77269

       (2) The allocation of partial payments between suppliers when 77270
service components are jointly billed;77271

       (3) A prohibition against blocking, or authorizing the 77272
blocking of, customer access to a noncompetitive retail electric 77273
service when a customer is delinquent in payments to the electric 77274
utility or electric services company for a competitive retail 77275
electric service;77276

       (4) A prohibition against switching, or authorizing the 77277
switching of, a customer's supplier of competitive retail electric 77278
service without the prior consent of the customer in accordance 77279
with appropriate confirmation practices, which may include 77280
independent, third-party verification procedures. 77281

       (5) A requirement of disclosure of the conditions under which 77282
a customer may rescind a decision to switch its supplier without 77283
penalty;77284

       (6) Specification of any required notice and any penalty for 77285
early termination of contract.77286

       (E) Minimum service quality, safety, and reliability. 77287
However, service quality, safety, and reliability requirements for 77288
electric generation service shall be determined primarily through 77289
market expectations and contractual relationships.77290

       (F) Generation resource mix and environmental characteristics 77291
of power supplies. The rules shall include requirements for 77292
determination of the approximate generation resource mix and 77293
environmental characteristics of the power supplies and disclosure 77294
to the customer prior to the customer entering into a contract to 77295
purchase and four times per year under the contract. The rules 77296
also shall require that the electric utility, electric services 77297
company, electric cooperative, or governmental aggregator provide, 77298
or cause its billing and collection agent to provide, a customer 77299
with standardized information comparing the projected, with the 77300
actual and verifiable, resource mix and environmental 77301
characteristics. This disclosure shall occur not less than 77302
annually or not less than once during the contract period if the 77303
contract period is less than one year, and prior to any renewal of 77304
a contract.77305

       (G) Customer information. The rules shall include 77306
requirements that the electric utility, electric services company, 77307
electric cooperative, or governmental aggregator make generic 77308
customer load pattern information available to other electric 77309
light companies on a comparable and nondiscriminatory basis, and 77310
make customer-specific information available to other electric 77311
light companies on a comparable and nondiscriminatory basis 77312
unless, as to customer-specific information, the customer objects. 77313
The rules shall ensure that each such utility, company, 77314
cooperative, or aggregator provide clear and frequent notice to 77315
its customers of the right to object and of applicable procedures. 77316
The rules shall establish the exact language that shall be used in 77317
all such notices.77318

       Sec. 4928.18.  (A) Notwithstanding division (D)(2)(a)(b)(i)77319
of section 4909.15 of the Revised Code, nothing in this chapter 77320
prevents the public utilities commission from exercising its 77321
authority under Title XLIX of the Revised Code to protect 77322
customers of retail electric service supplied by an electric 77323
utility from any adverse effect of the utility's provision of a 77324
product or service other than retail electric service.77325

       (B) The commission has jurisdiction under section 4905.26 of 77326
the Revised Code, upon complaint of any person or upon complaint 77327
or initiative of the commission on or after the starting date of 77328
competitive retail electric service, to determine whether an 77329
electric utility or its affiliate has violated any provision of 77330
section 4928.17 of the Revised Code or an order issued or rule 77331
adopted under that section. For this purpose, the commission may 77332
examine such books, accounts, or other records kept by an electric 77333
utility or its affiliate as may relate to the businesses for which 77334
corporate separation is required under section 4928.17 of the 77335
Revised Code, and may investigate such utility or affiliate 77336
operations as may relate to those businesses and investigate the 77337
interrelationship of those operations. Any such examination or 77338
investigation by the commission shall be governed by Chapter 4903. 77339
of the Revised Code.77340

       (C) In addition to any remedies otherwise provided by law, 77341
the commission, regarding a determination of a violation pursuant 77342
to division (B) of this section, may do any of the following:77343

       (1) Issue an order directing the utility or affiliate to 77344
comply;77345

       (2) Modify an order as the commission finds reasonable and 77346
appropriate and order the utility or affiliate to comply with the 77347
modified order;77348

       (3) Suspend or abrogate an order, in whole or in part; 77349

       (4) Issue an order that the utility or affiliate pay 77350
restitution to any person injured by the violation or failure to 77351
comply;77352

       (D) In addition to any remedies otherwise provided by law, 77353
the commission, regarding a determination of a violation pursuant 77354
to division (B) of this section and commensurate with the severity 77355
of the violation, the source of the violation, any pattern of 77356
violations, or any monetary damages caused by the violation, may 77357
do either of the following:77358

       (1) Impose a forfeiture on the utility or affiliate of up to 77359
twenty-five thousand dollars per day per violation. The recovery 77360
and deposit of any such forfeiture shall be subject to sections 77361
4905.57 and 4905.59 of the Revised Code.77362

       (2) Regarding a violation by an electric utility relating to 77363
a corporate separation plan involving competitive retail electric 77364
service, suspend or abrogate all or part of an order, to the 77365
extent it is in effect, authorizing an opportunity for the utility 77366
to receive transition revenues under a transition plan approved by 77367
the commission under section 4928.33 of the Revised Code.77368

       Corporate separation under this section does not prohibit the 77369
common use of employee benefit plans, facilities, equipment, or 77370
employees, subject to proper accounting and the code of conduct 77371
ordered by the commission as provided in division (A)(1) of this 77372
section.77373

       (E) Section 4905.61 of the Revised Code applies in the case 77374
of any violation of section 4928.17 of the Revised Code or of any 77375
rule adopted or order issued under that section.77376

       Sec. 4928.20.  (A) The legislative authority of a municipal 77377
corporation may adopt an ordinance, or the board of township 77378
trustees of a township or the board of county commissioners of a 77379
county may adopt a resolution, under which, on or after the 77380
starting date of competitive retail electric service, it may 77381
aggregate in accordance with this section the retail electrical 77382
loads located, respectively, within the municipal corporation, 77383
township, or unincorporated area of the county and, for that 77384
purpose, may enter into service agreements to facilitate for those 77385
loads the sale and purchase of electricity. The legislative 77386
authority or board also may exercise such authority jointly with 77387
any other such legislative authority or board. For customers that 77388
are not mercantile customers, an ordinance or resolution under 77389
this division shall specify whether the aggregation will occur 77390
only with the prior, affirmative consent of each person owning, 77391
occupying, controlling, or using an electric load center proposed 77392
to be aggregated or will occur automatically for all such persons 77393
pursuant to the opt-out requirements of division (D) of this 77394
section. The aggregation of mercantile customers shall occur only 77395
with the prior, affirmative consent of each such person owning, 77396
occupying, controlling, or using an electric load center proposed 77397
to be aggregated. Nothing in this division, however, authorizes 77398
the aggregation of the retail electric loads of an electric load 77399
center, as defined in section 4933.81 of the Revised Code, that is 77400
located in the certified territory of a nonprofit electric 77401
supplier under sections 4933.81 to 4933.90 of the Revised Code or 77402
an electric load center served by transmission or distribution 77403
facilities of a municipal electric utility.77404

       (B) If an ordinance or resolution adopted under division (A) 77405
of this section specifies that aggregation of customers that are 77406
not mercantile customers will occur automatically as described in 77407
that division, the ordinance or resolution shall direct the board 77408
of elections to submit the question of the authority to aggregate 77409
to the electors of the respective municipal corporation, township, 77410
or unincorporated area of a county at a special election on the 77411
day of the next primary or general election in the municipal 77412
corporation, township, or county. The legislative authority or 77413
board shall certify a copy of the ordinance or resolution to the 77414
board of elections not less than ninety days before the day of the 77415
special election. No ordinance or resolution adopted under 77416
division (A) of this section that provides for an election under 77417
this division shall take effect unless approved by a majority of 77418
the electors voting upon the ordinance or resolution at the 77419
election held pursuant to this division.77420

       (C) Upon the applicable requisite authority under divisions 77421
(A) and (B) of this section, the legislative authority or board 77422
shall develop a plan of operation and governance for the 77423
aggregation program so authorized. Before adopting a plan under 77424
this division, the legislative authority or board shall hold at 77425
least two public hearings on the plan. Before the first hearing, 77426
the legislative authority or board shall publish notice of the 77427
hearings once a week for two consecutive weeks in a newspaper of 77428
general circulation in the jurisdiction or as provided in section 77429
7.16 of the Revised Code. The notice shall summarize the plan and 77430
state the date, time, and location of each hearing.77431

       (D) No legislative authority or board, pursuant to an 77432
ordinance or resolution under divisions (A) and (B) of this 77433
section that provides for automatic aggregation of customers that 77434
are not mercantile customers as described in division (A) of this 77435
section, shall aggregate the electrical load of any electric load 77436
center located within its jurisdiction unless it in advance 77437
clearly discloses to the person owning, occupying, controlling, or 77438
using the load center that the person will be enrolled 77439
automatically in the aggregation program and will remain so 77440
enrolled unless the person affirmatively elects by a stated 77441
procedure not to be so enrolled. The disclosure shall state 77442
prominently the rates, charges, and other terms and conditions of 77443
enrollment. The stated procedure shall allow any person enrolled 77444
in the aggregation program the opportunity to opt out of the 77445
program every three years, without paying a switching fee. Any 77446
such person that opts out before the commencement of the 77447
aggregation program pursuant to the stated procedure shall default 77448
to the standard service offer provided under section 4928.14 or 77449
division (D) of section 4928.35 of the Revised Code until the 77450
person chooses an alternative supplier.77451

       (E)(1) With respect to a governmental aggregation for a 77452
municipal corporation that is authorized pursuant to divisions (A) 77453
to (D) of this section, resolutions may be proposed by initiative 77454
or referendum petitions in accordance with sections 731.28 to 77455
731.41 of the Revised Code.77456

       (2) With respect to a governmental aggregation for a township 77457
or the unincorporated area of a county, which aggregation is 77458
authorized pursuant to divisions (A) to (D) of this section, 77459
resolutions may be proposed by initiative or referendum petitions 77460
in accordance with sections 731.28 to 731.40 of the Revised Code, 77461
except that:77462

       (a) The petitions shall be filed, respectively, with the 77463
township fiscal officer or the board of county commissioners, who 77464
shall perform those duties imposed under those sections upon the 77465
city auditor or village clerk.77466

       (b) The petitions shall contain the signatures of not less 77467
than ten per cent of the total number of electors in, 77468
respectively, the township or the unincorporated area of the 77469
county who voted for the office of governor at the preceding 77470
general election for that office in that area.77471

       (F) A governmental aggregator under division (A) of this 77472
section is not a public utility engaging in the wholesale purchase 77473
and resale of electricity, and provision of the aggregated service 77474
is not a wholesale utility transaction. A governmental aggregator 77475
shall be subject to supervision and regulation by the public 77476
utilities commission only to the extent of any competitive retail 77477
electric service it provides and commission authority under this 77478
chapter.77479

       (G) This section does not apply in the case of a municipal 77480
corporation that supplies such aggregated service to electric load 77481
centers to which its municipal electric utility also supplies a 77482
noncompetitive retail electric service through transmission or 77483
distribution facilities the utility singly or jointly owns or 77484
operates.77485

       (H) A governmental aggregator shall not include in its 77486
aggregation the accounts of any of the following: 77487

       (1) A customer that has opted out of the aggregation;77488

       (2) A customer in contract with a certified electric services 77489
company;77490

       (3) A customer that has a special contract with an electric 77491
distribution utility;77492

       (4) A customer that is not located within the governmental 77493
aggregator's governmental boundaries;77494

       (5) Subject to division (C) of section 4928.21 of the Revised 77495
Code, a customer who appears on the "do not aggregate" list 77496
maintained under that section.77497

       (I) Customers that are part of a governmental aggregation 77498
under this section shall be responsible only for such portion of a 77499
surcharge under section 4928.144 of the Revised Code that is 77500
proportionate to the benefits, as determined by the commission, 77501
that electric load centers within the jurisdiction of the 77502
governmental aggregation as a group receive. The proportionate 77503
surcharge so established shall apply to each customer of the 77504
governmental aggregation while the customer is part of that 77505
aggregation. If a customer ceases being such a customer, the 77506
otherwise applicable surcharge shall apply. Nothing in this 77507
section shall result in less than full recovery by an electric 77508
distribution utility of any surcharge authorized under section 77509
4928.144 of the Revised Code.77510

       (J) On behalf of the customers that are part of a 77511
governmental aggregation under this section and by filing written 77512
notice with the public utilities commission, the legislative 77513
authority that formed or is forming that governmental aggregation 77514
may elect not to receive standby service within the meaning of 77515
division (B)(2)(d) of section 4928.143 of the Revised Code from an 77516
electric distribution utility in whose certified territory the 77517
governmental aggregation is located and that operates under an 77518
approved electric security plan under that section. Upon the 77519
filing of that notice, the electric distribution utility shall not 77520
charge any such customer to whom competitive retail electric 77521
generation service is provided by another supplier under the 77522
governmental aggregation for the standby service. Any such 77523
consumer that returns to the utility for competitive retail 77524
electric service shall pay the market price of power incurred by 77525
the utility to serve that consumer plus any amount attributable to 77526
the utility's cost of compliance with the alternative energy 77527
resource provisions of section 4928.64 of the Revised Code to 77528
serve the consumer. Such market price shall include, but not be 77529
limited to, capacity and energy charges; all charges associated 77530
with the provision of that power supply through the regional 77531
transmission organization, including, but not limited to, 77532
transmission, ancillary services, congestion, and settlement and 77533
administrative charges; and all other costs incurred by the 77534
utility that are associated with the procurement, provision, and 77535
administration of that power supply, as such costs may be approved 77536
by the commission. The period of time during which the market 77537
price and alternative energy resource amount shall be so assessed 77538
on the consumer shall be from the time the consumer so returns to 77539
the electric distribution utility until the expiration of the 77540
electric security plan. However, if that period of time is 77541
expected to be more than two years, the commission may reduce the 77542
time period to a period of not less than two years.77543

       (K) The commission shall adopt rules to encourage and promote 77544
large-scale governmental aggregation in this state. For that 77545
purpose, the commission shall conduct an immediate review of any 77546
rules it has adopted for the purpose of this section that are in 77547
effect on the effective date of the amendment of this section by 77548
S.B. 221 of the 127th general assembly, July 31, 2008. Further, 77549
within the context of an electric security plan under section 77550
4928.143 of the Revised Code, the commission shall consider the 77551
effect on large-scale governmental aggregation of any 77552
nonbypassable generation charges, however collected, that would be 77553
established under that plan, except any nonbypassable generation 77554
charges that relate to any cost incurred by the electric 77555
distribution utility, the deferral of which has been authorized by 77556
the commission prior to the effective date of the amendment of 77557
this section by S.B. 221 of the 127th general assembly, July 31, 77558
2008.77559

       Sec. 4929.22. For the protection of consumers in this state, 77560
the public utilities commission shall adopt rules under section 77561
4929.10 of the Revised Code specifying the necessary minimum 77562
service requirements of a retail natural gas supplier or 77563
governmental aggregator subject to certification under section 77564
4929.20 of the Revised Code regarding the marketing, solicitation, 77565
sale, or provision, directly or through its billing and collection 77566
agent, of any competitive retail natural gas service for which it 77567
is subject to certification. Rules adopted under this section 77568
shall include additional consumer protections concerning all of 77569
the following:77570

       (A) Contract disclosure. The rules shall include requirements 77571
that a retail natural gas supplier or governmental aggregator 77572
subject to certification under section 4929.20 of the Revised Code 77573
do both of the following:77574

       (1) Provide consumers with adequate, accurate, and 77575
understandable pricing and terms and conditions of service, 77576
including any switching fees, and with a document containing the 77577
terms and conditions of pricing and service before the consumer 77578
enters into the contract for service;77579

       (2) Disclose the conditions under which a customer may 77580
rescind a contract without penalty.77581

       (B) Service qualification and termination. The rules shall 77582
include a requirement that, before a consumer is eligible for 77583
service from a retail natural gas supplier or governmental 77584
aggregator subject to certification under section 4929.20 of the 77585
Revised Code, the consumer shall discharge, or enter into a plan 77586
to discharge, all existing arrearages owed to or being billed by 77587
the natural gas company from which the consumer presently is 77588
receiving service. The rules also shall provide for disclosure of 77589
the terms identifying how customers may switch or terminate 77590
service, including any required notice and any penalties.77591

       (C) Minimum content of customer bills. The rules shall 77592
include all of the following requirements, which shall be 77593
standardized:77594

       (1) Price disclosure and disclosures of total billing units 77595
for the billing period and historical annual usage;77596

       (2) To the maximum extent practicable, separate listing of 77597
each service component to enable a customer to recalculate its 77598
bill for accuracy;77599

       (3) Identification of the supplier of each service;77600

       (4) Statement of where and how payment may be made and 77601
provision of a toll-free or local customer assistance and 77602
complaint number for the retail natural gas supplier or 77603
governmental aggregator, as well as a consumer assistance 77604
telephone number or numbers for state agencies, such as the 77605
commission, the office of the consumers' counsel, and the attorney 77606
general's office, with the available hours noted;77607

       (5) Other than for the first billing after the effective date 77608
of initial rules adopted pursuant to division (A) of section 77609
4929.20 of the Revised Code, highlighting and clear explanation on 77610
each customer bill, for two consecutive billing periods, of any 77611
changes in the rates, terms, and conditions of service.77612

       (D) Disconnection and service termination, including 77613
requirements with respect to master-metered buildings. The rules 77614
shall include policies and procedures that are consistent with 77615
sections 4933.12 and 4933.122 of the Revised Code and the 77616
commission's rules adopted under those sections, and that provide 77617
for all of the following:77618

       (1) Coordination between suppliers for the purpose of 77619
maintaining service;77620

       (2) The allocation of partial payments between suppliers when 77621
service components are jointly billed;77622

       (3) A prohibition against switching, or authorizing the 77623
switching of, a customer's supplier of competitive retail natural 77624
gas service without the prior consent of the customer in 77625
accordance with appropriate confirmation practices, which may 77626
include independent, third-party verification procedures;77627

       (4) A requirement of disclosure of the conditions under which 77628
a customer may rescind a decision to switch its supplier without 77629
penalty;77630

       (5) Specification of any required notice and any penalty for 77631
early termination of contract.77632

       (E) Minimum service quality, safety, and reliability.77633

       (F) Customer information. The rules shall include 77634
requirements that a natural gas company make generic customer load 77635
pattern information available to a retail natural gas supplier or 77636
governmental aggregator as defined in division (K)(1) or (2) of 77637
section 4929.01 of the Revised Code on a comparable and 77638
nondiscriminatory basis, and make customer information available 77639
to a retail natural gas supplier or governmental aggregator as 77640
defined in division (K)(1) or (2) of section 4929.01 of the 77641
Revised Code on a comparable and nondiscriminatory basis unless, 77642
as to customer information, the customer objects. The rules shall 77643
ensure that each natural gas company provide clear and frequent 77644
notice to its customers of the right to object and of applicable 77645
procedures. The rules shall establish the exact language that 77646
shall be used in all such notices. The rules also shall require 77647
that, upon the request of a governmental aggregator defined in 77648
division (K)(1) of section 4929.01 of the Revised Code, solely for 77649
purposes of the disclosure required by division (D) of section 77650
4929.26 of the Revised Code, or for purposes of a governmental 77651
aggregator defined in division (K)(2) of section 4929.01 of the 77652
Revised Code, a natural gas company or retail natural gas supplier 77653
must provide the governmental aggregator, in a timely manner and 77654
at such cost as the commission shall provide for in the rules, 77655
with the billing names and addresses of the customers of the 77656
company or supplier whose retail natural gas loads are to be 77657
included in the governmental aggregation.77658

       (G) Ohio office. The rules shall require that a retail 77659
natural gas supplier maintain an office and an employee in this 77660
state.77661

       Sec. 4929.26.  (A)(1) The legislative authority of a 77662
municipal corporation may adopt an ordinance, or the board of 77663
township trustees of a township or the board of county 77664
commissioners of a county may adopt a resolution, under which, in 77665
accordance with this section and except as otherwise provided in 77666
division (A)(2) of this section, the legislative authority or 77667
board may aggregate automatically, subject to the opt-out 77668
requirements of division (D) of this section, competitive retail 77669
natural gas service for the retail natural gas loads that are 77670
located, respectively, within the municipal corporation, township, 77671
or unincorporated area of the county and for which there is a 77672
choice of supplier of that service as a result of revised 77673
schedules approved under division (C) of section 4929.29 of the 77674
Revised Code, a rule or order adopted or issued by the commission 77675
under Chapter 4905. of the Revised Code, or an exemption granted 77676
by the commission under sections 4929.04 to 4929.08 of the Revised 77677
Code. An ordinance or a resolution adopted under this section 77678
shall expressly state that it is adopted pursuant to the authority 77679
conferred by this section. The legislative authority or board also 77680
may exercise its authority under this section jointly with any 77681
other such legislative authority or board. For the purpose of the 77682
aggregation, the legislative authority or board may enter into 77683
service agreements to facilitate the sale and purchase of the 77684
service for the retail natural gas loads.77685

       (2)(a) No aggregation under an ordinance or resolution 77686
adopted under division (A)(1) of this section shall include the 77687
retail natural gas load of any person that meets any of the 77688
following criteria:77689

       (i) The person is both a distribution service customer and a 77690
mercantile customer on the date of commencement of service to the 77691
aggregated load, or the person becomes a distribution service 77692
customer after that date and also is a mercantile customer.77693

       (ii) The person is supplied with commodity sales service 77694
pursuant to a contract with a retail natural gas supplier that is 77695
in effect on the effective date of the ordinance or resolution.77696

       (iii) The person is supplied with commodity sales service as 77697
part of a retail natural gas load aggregation provided for 77698
pursuant to a rule or order adopted or issued by the commission 77699
under this chapter or Chapter 4905. of the Revised Code.77700

       (b) Nothing in division (A)(2)(a) of this section precludes a 77701
governmental aggregation under this section from permitting the 77702
retail natural gas load of a person described in division 77703
(A)(2)(a) of this section from being included in the aggregation 77704
upon the expiration of any contract or aggregation as described in 77705
division (A)(2)(a)(ii) or (iii) of this section or upon the person 77706
no longer being a customer as described in division (A)(2)(a)(i) 77707
of this section or qualifying to be included in an aggregation 77708
described under division (A)(2)(a)(iii) of this section.77709

       (B) An ordinance or resolution adopted under division (A) of 77710
this section shall direct the board of elections to submit the 77711
question of the authority to aggregate to the electors of the 77712
respective municipal corporation, township, or unincorporated area 77713
of a county at a special election on the day of the next primary 77714
or general election in the municipal corporation, township, or 77715
county. The legislative authority or board shall certify a copy of 77716
the ordinance or resolution to the board of elections not less 77717
than ninety days before the day of the special election. No 77718
ordinance or resolution adopted under division (A) of this section 77719
that provides for an election under this division shall take 77720
effect unless approved by a majority of the electors voting upon 77721
the ordinance or resolution at the election held pursuant to this 77722
division.77723

       (C) Upon the applicable requisite authority under divisions 77724
(A) and (B) of this section, the legislative authority or board 77725
shall develop a plan of operation and governance for the 77726
aggregation program so authorized. Before adopting a plan under 77727
this division, the legislative authority or board shall hold at 77728
least two public hearings on the plan. Before the first hearing, 77729
the legislative authority or board shall publish notice of the 77730
hearings once a week for two consecutive weeks in a newspaper of 77731
general circulation in the jurisdiction or as provided in section 77732
7.16 of the Revised Code. The notice shall summarize the plan and 77733
state the date, time, and location of each hearing.77734

       (D) No legislative authority or board, pursuant to an 77735
ordinance or resolution under divisions (A) and (B) of this 77736
section, shall aggregate any retail natural gas load located 77737
within its jurisdiction unless it in advance clearly discloses to 77738
the person whose retail natural gas load is to be so aggregated 77739
that the person will be enrolled automatically in the aggregation 77740
and will remain so enrolled unless the person affirmatively elects 77741
by a stated procedure not to be so enrolled. The disclosure shall 77742
state prominently the rates, charges, and other terms and 77743
conditions of enrollment. The stated procedure shall allow any 77744
person enrolled in the aggregation the opportunity to opt out of 77745
the aggregation every two years, without paying a switching fee. 77746
Any such person that opts out of the aggregation pursuant to the 77747
stated procedure shall default to the natural gas company 77748
providing distribution service for the person's retail natural gas 77749
load, until the person chooses an alternative supplier.77750

       (E)(1) With respect to a governmental aggregation for a 77751
municipal corporation that is authorized pursuant to divisions (A) 77752
to (D) of this section, resolutions may be proposed by initiative 77753
or referendum petitions in accordance with sections 731.28 to 77754
731.41 of the Revised Code.77755

       (2) With respect to a governmental aggregation for a township 77756
or the unincorporated area of a county, which aggregation is 77757
authorized pursuant to divisions (A) to (D) of this section, 77758
resolutions may be proposed by initiative or referendum petitions 77759
in accordance with sections 731.28 to 731.40 of the Revised Code, 77760
except that:77761

       (a) The petitions shall be filed, respectively, with the 77762
township fiscal officer or the board of county commissioners, who 77763
shall perform those duties imposed under those sections upon the 77764
city auditor or village clerk.77765

       (b) The petitions shall contain the signatures of not less 77766
than ten per cent of the total number of electors in the township 77767
or the unincorporated area of the county, respectively, who voted 77768
for the office of governor at the preceding general election for 77769
that office in that area.77770

       (F) A governmental aggregator under division (A) of this 77771
section is not a public utility engaging in the wholesale purchase 77772
and resale of natural gas, and provision of the aggregated service 77773
is not a wholesale utility transaction. A governmental aggregator 77774
shall be subject to supervision and regulation by the public 77775
utilities commission only to the extent of any competitive retail 77776
natural gas service it provides and commission authority under 77777
this chapter.77778

       Sec. 4929.27.  (A)(1) The legislative authority of a 77779
municipal corporation may adopt an ordinance, or the board of 77780
township trustees of a township or the board of county 77781
commissioners of a county may adopt a resolution, under which, in 77782
accordance with this section and except as otherwise provided in 77783
division (A)(2) of this section, the legislative authority or 77784
board may aggregate, with the prior consent of each person whose 77785
retail natural gas load is proposed to be aggregated, competitive 77786
retail natural gas service for any such retail natural gas load 77787
that is located, respectively, within the municipal corporation, 77788
township, or unincorporated area of the county and for which there 77789
is a choice of supplier of that service as a result of revised 77790
schedules approved under division (C) of section 4929.29 of the 77791
Revised Code, a rule or order adopted or issued by the commission 77792
under Chapter 4905. of the Revised Code, or an exemption granted 77793
by the commission under sections 4929.04 to 4929.08 of the Revised 77794
Code. An ordinance or a resolution adopted under this section 77795
shall expressly state that it is adopted pursuant to the authority 77796
conferred by this section. The legislative authority or board also 77797
may exercise such authority jointly with any other such 77798
legislative authority or board. For the purpose of the 77799
aggregation, the legislative authority or board may enter into 77800
service agreements to facilitate the sale and purchase of the 77801
service for the retail natural gas loads.77802

       (2)(a) No aggregation under an ordinance or resolution 77803
adopted under division (A)(1) of this section shall include the 77804
retail natural gas load of any person that meets either of the 77805
following criteria:77806

       (i) The person is supplied with commodity sales service 77807
pursuant to a contract with a retail natural gas supplier that is 77808
in effect on the effective date of the ordinance or resolution.77809

       (ii) The person is supplied with commodity sales service as 77810
part of a retail natural gas load aggregation provided for 77811
pursuant to a rule or order adopted or issued by the commission 77812
under this chapter or Chapter 4905. of the Revised Code.77813

       (b) Nothing in division (A)(2)(a) of this section precludes a 77814
governmental aggregation under this section from permitting the 77815
retail natural gas load of a person described in division 77816
(A)(2)(a) of this section from being included in the aggregation 77817
upon the expiration of any contract or aggregation as described in 77818
division (A)(2)(a)(i) or (ii) of this section or upon the person 77819
no longer qualifying to be included in an aggregation.77820

       (B) Upon the applicable requisite authority under division 77821
(A) of this section, the legislative authority or board shall 77822
develop a plan of operation and governance for the aggregation 77823
program so authorized. Before adopting a plan under this division, 77824
the legislative authority or board shall hold at least two public 77825
hearings on the plan. Before the first hearing, the legislative 77826
authority or board shall publish notice of the hearings once a 77827
week for two consecutive weeks in a newspaper of general 77828
circulation in the jurisdiction or as provided in section 7.16 of 77829
the Revised Code. The notice shall summarize the plan and state 77830
the date, time, and location of each hearing.77831

       (C)(1) With respect to a governmental aggregation for a 77832
municipal corporation that is authorized pursuant to division (A) 77833
of this section, resolutions may be proposed by initiative or 77834
referendum petitions in accordance with sections 731.28 to 731.41 77835
of the Revised Code.77836

       (2) With respect to a governmental aggregation for a township 77837
or the unincorporated area of a county, which aggregation is 77838
authorized pursuant to division (A) of this section, resolutions 77839
may be proposed by initiative or referendum petitions in 77840
accordance with sections 731.28 to 731.40 of the Revised Code, 77841
except that:77842

       (a) The petitions shall be filed, respectively, with the 77843
township fiscal officer or the board of county commissioners, who 77844
shall perform those duties imposed under those sections upon the 77845
city auditor or village clerk.77846

       (b) The petitions shall contain the signatures of not less 77847
than ten per cent of the total number of electors in the township 77848
or the unincorporated area of the county, respectively, who voted 77849
for the office of governor at the preceding general election for 77850
that office in that area.77851

       (D) A governmental aggregator under division (A) of this 77852
section is not a public utility engaging in the wholesale purchase 77853
and resale of natural gas, and provision of the aggregated service 77854
is not a wholesale utility transaction. A governmental aggregator 77855
shall be subject to supervision and regulation by the public 77856
utilities commission only to the extent of any competitive retail 77857
natural gas service it provides and commission authority under 77858
this chapter.77859

       Sec. 4931.51.  (A)(1) For the purpose of paying the costs of 77860
establishing, equipping, and furnishing one or more public safety 77861
answering points as part of a countywide 9-1-1 system effective 77862
under division (B) of section 4931.44 of the Revised Code and 77863
paying the expense of administering and enforcing this section, 77864
the board of county commissioners of a county, in accordance with 77865
this section, may fix and impose, on each lot or parcel of real 77866
property in the county that is owned by a person, municipal 77867
corporation, township, or other political subdivision and is 77868
improved, or is in the process of being improved, reasonable 77869
charges to be paid by each such owner. The charges shall be 77870
sufficient to pay only the estimated allowed costs and shall be 77871
equal in amount for all such lots or parcels.77872

       (2) For the purpose of paying the costs of operating and 77873
maintaining the answering points and paying the expense of 77874
administering and enforcing this section, the board, in accordance 77875
with this section, may fix and impose reasonable charges to be 77876
paid by each owner, as provided in division (A)(1) of this 77877
section, that shall be sufficient to pay only the estimated 77878
allowed costs and shall be equal in amount for all such lots or 77879
parcels. The board may fix and impose charges under this division 77880
pursuant to a resolution adopted for the purposes of both 77881
divisions (A)(1) and (2) of this section or pursuant to a 77882
resolution adopted solely for the purpose of division (A)(2) of 77883
this section, and charges imposed under division (A)(2) of this 77884
section may be separately imposed or combined with charges imposed 77885
under division (A)(1) of this section.77886

       (B) Any board adopting a resolution under this section 77887
pursuant to a final plan initiating the establishment of a 9-1-1 77888
system or pursuant to an amendment to a final plan shall adopt the 77889
resolution within sixty days after the board receives the final 77890
plan for the 9-1-1 system pursuant to division (C) of section 77891
4931.43 of the Revised Code. The board by resolution may change 77892
any charge imposed under this section whenever the board considers 77893
it advisable. Any resolution adopted under this section shall 77894
declare whether securities will be issued under Chapter 133. of 77895
the Revised Code in anticipation of the collection of unpaid 77896
special assessments levied under this section.77897

       (C) The board shall adopt a resolution under this section at 77898
a public meeting held in accordance with section 121.22 of the 77899
Revised Code. Additionally, the board, before adopting any such 77900
resolution, shall hold at least two public hearings on the 77901
proposed charges. Prior to the first hearing, the board shall 77902
publish notice of the hearings once a week for two consecutive 77903
weeks in a newspaper of general circulation in the county or as 77904
provided in section 7.16 of the Revised Code. The notice shall 77905
include a listing of the charges proposed in the resolution and 77906
the date, time, and location of each of the hearings. The board 77907
shall hear any person who wishes to testify on the charges or the 77908
resolution.77909

       (D) No resolution adopted under this section shall be 77910
effective sooner than thirty days following its adoption nor shall 77911
any such resolution be adopted as an emergency measure. The 77912
resolution is subject to a referendum in accordance with sections 77913
305.31 to 305.41 of the Revised Code unless, in the resolution, 77914
the board of county commissioners directs the board of elections 77915
of the county to submit the question of imposing the charges to 77916
the electors of the county at the next primary or general election 77917
in the county occurring not less than ninety days after the 77918
resolution is certified to the board. No resolution shall go into 77919
effect unless approved by a majority of those voting upon it in 77920
any election allowed under this division.77921

       (E) To collect charges imposed under division (A) of this 77922
section, the board of county commissioners shall certify them to 77923
the county auditor of the county who then shall place them upon 77924
the real property duplicate against the properties to be assessed, 77925
as provided in division (A) of this section. Each assessment shall 77926
bear interest at the same rate that securities issued in 77927
anticipation of the collection of the assessments bear, is a lien 77928
on the property assessed from the date placed upon the real 77929
property duplicate by the auditor, and shall be collected in the 77930
same manner as other taxes.77931

       (F) All money collected by or on behalf of a county under 77932
this section shall be paid to the county treasurer of the county 77933
and kept in a separate and distinct fund to the credit of the 77934
county. The fund shall be used to pay the costs allowed in 77935
division (A) of this section and specified in the resolution 77936
adopted under that division. In no case shall any surplus so 77937
collected be expended for other than the use and benefit of the 77938
county.77939

       Sec. 4931.52.  (A) This section applies only to a county that 77940
meets both of the following conditions:77941

       (1) A final plan for a countywide 9-1-1 system either has not 77942
been approved in the county under section 4931.44 of the Revised 77943
Code or has been approved but has not been put into operation 77944
because of a lack of funding;77945

       (2) The board of county commissioners, at least once, has 77946
submitted to the electors of the county the question of raising 77947
funds for a 9-1-1 system under section 4931.51, 5705.19, or 77948
5739.026 of the Revised Code, and a majority of the electors has 77949
disapproved the question each time it was submitted.77950

       (B) A board of county commissioners may adopt a resolution 77951
imposing a monthly charge on telephone access lines to pay for the 77952
equipment costs of establishing and maintaining no more than three 77953
public safety answering points of a countywide 9-1-1 system, which 77954
public safety answering points shall be only twenty-four-hour 77955
dispatching points already existing in the county. The resolution 77956
shall state the amount of the charge, which shall not exceed fifty 77957
cents per month, and the month the charge will first be imposed, 77958
which shall be no earlier than four months after the special 77959
election held pursuant to this section. Each residential and 77960
business telephone company customer within the area served by the 77961
9-1-1 system shall pay the monthly charge for each of its 77962
residential or business customer access lines or their equivalent.77963

       Before adopting a resolution under this division, the board 77964
of county commissioners shall hold at least two public hearings on 77965
the proposed charge. Before the first hearing, the board shall 77966
publish notice of the hearings once a week for two consecutive 77967
weeks in a newspaper of general circulation in the county or as 77968
provided in section 7.16 of the Revised Code. The notice shall 77969
state the amount of the proposed charge, an explanation of the 77970
necessity for the charge, and the date, time, and location of each 77971
of the hearings.77972

       (C) A resolution adopted under division (B) of this section 77973
shall direct the board of elections to submit the question of 77974
imposing the charge to the electors of the county at a special 77975
election on the day of the next primary or general election in the 77976
county. The board of county commissioners shall certify a copy of 77977
the resolution to the board of elections not less than ninety days 77978
before the day of the special election. No resolution adopted 77979
under division (B) of this section shall take effect unless 77980
approved by a majority of the electors voting upon the resolution 77981
at an election held pursuant to this section.77982

       In any year, the board of county commissioners may impose a 77983
lesser charge than the amount originally approved by the electors. 77984
The board may change the amount of the charge no more than once a 77985
year. The board may not impose a charge greater than the amount 77986
approved by the electors without first holding an election on the 77987
question of the greater charge.77988

       (D) Money raised from a monthly charge on telephone access 77989
lines under this section shall be deposited into a special fund 77990
created in the county treasury by the board of county 77991
commissioners pursuant to section 5705.12 of the Revised Code, to 77992
be used only for the necessary equipment costs of establishing and 77993
maintaining no more than three public safety answering points of a 77994
countywide 9-1-1 system pursuant to a resolution adopted under 77995
division (B) of this section. In complying with this division, any 77996
county may seek the assistance of the public utilities commission 77997
with regard to operating and maintaining a 9-1-1 system.77998

       (E) Pursuant to the voter approval required by division (C) 77999
of this section, the final plan for a countywide 9-1-1 system that 78000
will be funded through a monthly charge imposed in accordance with 78001
this section shall be amended by the existing 9-1-1 planning 78002
committee, and the amendment of such a final plan is not an 78003
amendment of a final plan for the purpose of division (A) of 78004
section 4931.45 of the Revised Code.78005

       Sec. 4931.53.  (A) This section applies only to a county that 78006
has a final plan for a countywide 9-1-1 system that either has not 78007
been approved in the county under section 4931.44 of the Revised 78008
Code or has been approved but has not been put into operation 78009
because of a lack of funding.78010

       (B) A board of county commissioners may adopt a resolution 78011
imposing a monthly charge on telephone access lines to pay for the 78012
operating and equipment costs of establishing and maintaining no 78013
more than one public safety answering point of a countywide 9-1-1 78014
system. The resolution shall state the amount of the charge, which 78015
shall not exceed fifty cents per month, and the month the charge 78016
will first be imposed, which shall be no earlier than four months 78017
after the special election held pursuant to this section. Each 78018
residential and business telephone company customer within the 78019
area of the county served by the 9-1-1 system shall pay the 78020
monthly charge for each of its residential or business customer 78021
access lines or their equivalent.78022

       Before adopting a resolution under this division, the board 78023
of county commissioners shall hold at least two public hearings on 78024
the proposed charge. Before the first hearing, the board shall 78025
publish notice of the hearings once a week for two consecutive 78026
weeks in a newspaper of general circulation in the county or as 78027
provided in section 7.16 of the Revised Code. The notice shall 78028
state the amount of the proposed charge, an explanation of the 78029
necessity for the charge, and the date, time, and location of each 78030
of the hearings.78031

       (C) A resolution adopted under division (B) of this section 78032
shall direct the board of elections to submit the question of 78033
imposing the charge to the electors of the county at a special 78034
election on the day of the next primary or general election in the 78035
county. The board of county commissioners shall certify a copy of 78036
the resolution to the board of elections not less than ninety days 78037
before the day of the special election. No resolution adopted 78038
under division (B) of this section shall take effect unless 78039
approved by a majority of the electors voting upon the resolution 78040
at an election held pursuant to this section.78041

       In any year, the board of county commissioners may impose a 78042
lesser charge than the amount originally approved by the electors. 78043
The board may change the amount of the charge no more than once a 78044
year. The board shall not impose a charge greater than the amount 78045
approved by the electors without first holding an election on the 78046
question of the greater charge.78047

       (D) Money raised from a monthly charge on telephone access 78048
lines under this section shall be deposited into a special fund 78049
created in the county treasury by the board of county 78050
commissioners pursuant to section 5705.12 of the Revised Code, to 78051
be used only for the necessary operating and equipment costs of 78052
establishing and maintaining no more than one public safety 78053
answering point of a countywide 9-1-1 system pursuant to a 78054
resolution adopted under division (B) of this section. In 78055
complying with this division, any county may seek the assistance 78056
of the public utilities commission with regard to operating and 78057
maintaining a 9-1-1 system.78058

       (E) Nothing in sections 4931.40 to 4931.53 of the Revised 78059
Code precludes a final plan adopted in accordance with those 78060
sections from being amended to provide that, by agreement included 78061
in the plan, a public safety answering point of another countywide 78062
9-1-1 system is the public safety answering point of a countywide 78063
9-1-1 system funded through a monthly charge imposed in accordance 78064
with this section. In that event, the county for which the public 78065
safety answering point is provided shall be deemed the subdivision 78066
operating the public safety answering point for purposes of 78067
sections 4931.40 to 4931.53 of the Revised Code, except that, for 78068
the purpose of division (D) of section 4931.41 of the Revised 78069
Code, the county shall pay only so much of the costs associated 78070
with establishing, equipping, furnishing, operating, or 78071
maintaining the public safety answering point specified in the 78072
agreement included in the final plan.78073

       (F) Pursuant to the voter approval required by division (C) 78074
of this section, the final plan for a countywide 9-1-1 system that 78075
will be funded through a monthly charge imposed in accordance with 78076
this section, or that will be amended to include an agreement 78077
described in division (E) of this section, shall be amended by the 78078
existing 9-1-1 planning committee, and the amendment of such a 78079
final plan is not an amendment of a final plan for the purpose of 78080
division (A) of section 4931.45 of the Revised Code.78081

       Sec. 5101.16.  (A) As used in this section and sections 78082
5101.161 and 5101.162 of the Revised Code:78083

       (1) "Disability financial assistance" means the financial 78084
assistance program established under Chapter 5115. of the Revised 78085
Code.78086

       (2) " Supplemental nutrition assistance program" means the 78087
program administered by the department of job and family services 78088
pursuant to section 5101.54 of the Revised Code.78089

       (3) "Medicaid" means the medical assistance program 78090
established by Chapter 5111. of the Revised Code, excluding 78091
transportation services provided under that chapter.78092

       (4) "Ohio works first" means the program established by 78093
Chapter 5107. of the Revised Code.78094

       (5) "Prevention, retention, and contingency" means the 78095
program established by Chapter 5108. of the Revised Code.78096

       (6) "Public assistance expenditures" means expenditures for 78097
all of the following:78098

       (a) Ohio works first;78099

       (b) County administration of Ohio works first;78100

       (c) Prevention, retention, and contingency;78101

       (d) County administration of prevention, retention, and 78102
contingency;78103

       (e) Disability financial assistance;78104

       (f) County administration of disability financial assistance;78105

       (g) County administration of the supplemental nutrition 78106
assistance program;78107

       (h) County administration of medicaid.78108

       (7) "Title IV-A program" has the same meaning as in section 78109
5101.80 of the Revised Code.78110

       (B) Each board of county commissioners shall pay the county 78111
share of public assistance expenditures in accordance with section 78112
5101.161 of the Revised Code. Except as provided in division (C) 78113
of this section, a county's share of public assistance 78114
expenditures is the sum of all of the following for state fiscal 78115
year 1998 and each state fiscal year thereafter:78116

       (1) The amount that is twenty-five per cent of the county's 78117
total expenditures for disability financial assistance and county 78118
administration of that program during the state fiscal year ending 78119
in the previous calendar year that the department of job and 78120
family services determines are allowable.78121

       (2) The amount that is ten per cent, or other percentage 78122
determined under division (D) of this section, of the county's 78123
total expenditures for county administration of the supplemental 78124
nutrition assistance program and medicaid during the state fiscal 78125
year ending in the previous calendar year that the department 78126
determines are allowable, less the amount of federal reimbursement 78127
credited to the county under division (E) of this section for the 78128
state fiscal year ending in the previous calendar year;78129

       (3) A percentage of the actual amount of the county share of 78130
program and administrative expenditures during federal fiscal year 78131
1994 for assistance and services, other than child care, provided 78132
under Titles IV-A and IV-F of the "Social Security Act," 49 Stat. 78133
620 (1935), 42 U.S.C. 301, as those titles existed prior to the 78134
enactment of the "Personal Responsibility and Work Opportunity 78135
Reconciliation Act of 1996," 110 Stat. 2105. The department of job 78136
and family services shall determine the actual amount of the 78137
county share from expenditure reports submitted to the United 78138
States department of health and human services. The percentage 78139
shall be the percentage established in rules adopted under 78140
division (F) of this section.78141

       (C)(1) If a county's share of public assistance expenditures 78142
determined under division (B) of this section for a state fiscal 78143
year exceeds one hundred tenfive per cent of the county's share 78144
for those expenditures for the immediately preceding state fiscal 78145
year, the department of job and family services shall reduce the 78146
county's share for expenditures under divisions (B)(1) and (2) of 78147
this section so that the total of the county's share for 78148
expenditures under division (B) of this section equals one hundred78149
tenfive per cent of the county's share of those expenditures for 78150
the immediately preceding state fiscal year.78151

       (2) A county's share of public assistance expenditures 78152
determined under division (B) of this section may be increased 78153
pursuant to section 5101.163 of the Revised Code and a sanction 78154
under section 5101.24 of the Revised Code. An increase made 78155
pursuant to section 5101.163 of the Revised Code may cause the 78156
county's share to exceed the limit established by division (C)(1) 78157
of this section.78158

       (D)(1) If the per capita tax duplicate of a county is less 78159
than the per capita tax duplicate of the state as a whole and 78160
division (D)(2) of this section does not apply to the county, the 78161
percentage to be used for the purpose of division (B)(2) of this 78162
section is the product of ten multiplied by a fraction of which 78163
the numerator is the per capita tax duplicate of the county and 78164
the denominator is the per capita tax duplicate of the state as a 78165
whole. The department of job and family services shall compute the 78166
per capita tax duplicate for the state and for each county by 78167
dividing the tax duplicate for the most recent available year by 78168
the current estimate of population prepared by the department of 78169
development.78170

       (2) If the percentage of families in a county with an annual 78171
income of less than three thousand dollars is greater than the 78172
percentage of such families in the state and division (D)(1) of 78173
this section does not apply to the county, the percentage to be 78174
used for the purpose of division (B)(2) of this section is the 78175
product of ten multiplied by a fraction of which the numerator is 78176
the percentage of families in the state with an annual income of 78177
less than three thousand dollars a year and the denominator is the 78178
percentage of such families in the county. The department of job 78179
and family services shall compute the percentage of families with 78180
an annual income of less than three thousand dollars for the state 78181
and for each county by multiplying the most recent estimate of 78182
such families published by the department of development, by a 78183
fraction, the numerator of which is the estimate of average annual 78184
personal income published by the bureau of economic analysis of 78185
the United States department of commerce for the year on which the 78186
census estimate is based and the denominator of which is the most 78187
recent such estimate published by the bureau.78188

       (3) If the per capita tax duplicate of a county is less than 78189
the per capita tax duplicate of the state as a whole and the 78190
percentage of families in the county with an annual income of less 78191
than three thousand dollars is greater than the percentage of such 78192
families in the state, the percentage to be used for the purpose 78193
of division (B)(2) of this section shall be determined as follows:78194

       (a) Multiply ten by the fraction determined under division 78195
(D)(1) of this section;78196

       (b) Multiply the product determined under division (D)(3)(a) 78197
of this section by the fraction determined under division (D)(2) 78198
of this section.78199

       (4) The department of job and family services shall 78200
determine, for each county, the percentage to be used for the 78201
purpose of division (B)(2) of this section not later than the 78202
first day of July of the year preceding the state fiscal year for 78203
which the percentage is used.78204

       (E) The department of job and family services shall credit to 78205
a county the amount of federal reimbursement the department 78206
receives from the United States departments of agriculture and 78207
health and human services for the county's expenditures for 78208
administration of the supplemental nutrition assistance program 78209
and medicaid that the department determines are allowable 78210
administrative expenditures.78211

       (F)(1) The director of job and family services shall adopt 78212
rules in accordance with section 111.15 of the Revised Code to 78213
establish all of the following:78214

       (a) The method the department is to use to change a county's 78215
share of public assistance expenditures determined under division 78216
(B) of this section as provided in division (C) of this section;78217

       (b) The allocation methodology and formula the department 78218
will use to determine the amount of funds to credit to a county 78219
under this section;78220

       (c) The method the department will use to change the payment 78221
of the county share of public assistance expenditures from a 78222
calendar-year basis to a state fiscal year basis;78223

       (d) The percentage to be used for the purpose of division 78224
(B)(3) of this section, which shall, except as provided in section 78225
5101.163 of the Revised Code, meet both of the following 78226
requirements:78227

       (i) The percentage shall not be less than seventy-five per 78228
cent nor more than eighty-two per cent;78229

       (ii) The percentage shall not exceed the percentage that the 78230
state's qualified state expenditures is of the state's historic 78231
state expenditures as those terms are defined in 42 U.S.C. 78232
609(a)(7).78233

       (e) Other procedures and requirements necessary to implement 78234
this section.78235

       (2) The director of job and family services may amend the 78236
rule adopted under division (F)(1)(d) of this section to modify 78237
the percentage on determination that the amount the general 78238
assembly appropriates for Title IV-A programs makes the 78239
modification necessary. The rule shall be adopted and amended as 78240
if an internal management rule and in consultation with the 78241
director of budget and management.78242

       Sec. 5101.181.  (A) As used in this section and section 78243
5101.182 of the Revised Code, "public:78244

       (1) "Public assistance" includes, in addition to Ohio works 78245
first,means any or all of the following:78246

       (1)(a) Ohio works first;78247

       (b) Prevention, retention, and contingency; 78248

       (2) Medicaid;78249

       (3)(c) Disability financial assistance;78250

       (4)(d) General assistance provided prior to July 17, 1995, 78251
under former Chapter 5113. of the Revised Code.78252

       (2) "Medical assistance" means medical assistance provided 78253
pursuant to, or under programs established by, section 5101.49, 78254
sections 5101.50 to 5101.529, Chapter 5111., or any other 78255
provision of the Revised Code.78256

       (B) As part of the procedure for the determination of 78257
overpayment to a recipient of public assistance under Chapter 78258
5107., 5108., 5111., or 5115. of the Revised Code, the director of 78259
job and family services shallmay furnish quarterly the name and 78260
social security number of each individual who receives public 78261
assistance to the director of administrative services, the 78262
administrator of the bureau of workers' compensation, and each of 78263
the state's retirement boards. Within fourteen days after 78264
receiving the name and social security number of an individual who 78265
receives public assistance, the director of administrative 78266
services, administrator, or board shall inform the auditor of 78267
state as to whether such individual is receiving wages or 78268
benefits, the amount of any wages or benefits being received, the 78269
social security number, and the address of the individual. The 78270
director of administrative services, administrator, boards, and 78271
any agent or employee of those officials and boards shall comply 78272
with the rules of the director of job and family services 78273
restricting the disclosure of information regarding recipients of 78274
public assistance. Any person who violates this provision shall 78275
thereafter be disqualified from acting as an agent or employee or 78276
in any other capacity under appointment or employment of any state 78277
board, commission, or agency.78278

       (C) The auditor of state may enter into a reciprocal 78279
agreement with the director of job and family services or 78280
comparable officer of any other state for the exchange of names, 78281
current or most recent addresses, or social security numbers of 78282
persons receiving public assistance under Title IV-A or under 78283
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 78284
U.S.C. 301, as amended.78285

       (D)(1) The auditor of state shall retain, for not less than 78286
two years, at least one copy of all information received under 78287
this section and sections 145.27, 742.41, 3307.20, 3309.22, 78288
4123.27, 5101.182, and 5505.04 of the Revised Code. The78289

       (E) On the request of the director of job and family 78290
services, the auditor of state may conduct an audit of an 78291
individual who receives medical assistance. If the auditor decides 78292
to conduct an audit, the auditor shall enter into an interagency 78293
agreement with the department of job and family services that 78294
specifies that the auditor agrees to comply with section 5101.271 78295
of the Revised Code with respect to any information the auditor 78296
receives pursuant to the audit.78297

       (F) The auditor shall review the information described in 78298
division (D) of this section to determine whether overpayments 78299
were made to recipients of public assistance under Chapters 5107., 78300
5108., 5111., and 5115. of the Revised Code. The auditor of state 78301
shall initiate action leading to prosecution, where warranted, of 78302
recipients who received overpayments by forwarding the name of 78303
each recipient who received overpayment, together with other 78304
pertinent information, to the director of job and family services 78305
and, the attorney general, to the district director of job and 78306
family services of the district through which public assistance 78307
was received, and to the county director of job and family 78308
services and county prosecutor of the county through which public 78309
assistance was received.78310

       (2)(G) The auditor of state and the attorney general or their 78311
designees may examine any records, whether in computer or printed 78312
format, in the possession of the director of job and family 78313
services or any county director of job and family services. They 78314
shall provide safeguards which restrict access to such records to 78315
purposes directly connected with an audit or investigation, 78316
prosecution, or criminal or civil proceeding conducted in 78317
connection with the administration of the programs and shall 78318
comply with thesections 5101.27 and 5101.271 of the Revised Code 78319
and adopts rules of the director of job and family services 78320
restricting the disclosure of information regarding recipients of 78321
public assistance or medical assistance. Any person who violates 78322
this provision shall thereafter be disqualified from acting as an 78323
agent or employee or in any other capacity under appointment or 78324
employment of any state board, commission, or agency.78325

       (3)(H) Costs incurred by the auditor of state in carrying out 78326
the auditor of state's duties under this divisionsection shall be 78327
borne by the auditor of state.78328

       Sec. 5101.182.  As part of the procedure for the 78329
determination of overpayment to a recipient of public assistance78330
under Chapter 5107., 5111., or 5115.pursuant to section 5101.18178331
of the Revised Code, the director of job and family services shall78332
may semiannually, at times determined jointly by the auditor of 78333
state and the tax commissioner, furnish to the tax commissioner in 78334
computer format the name and social security number of each 78335
individual who receives public assistance. Within sixty days after 78336
receiving the name and social security number of a recipient of 78337
public assistance, the commissioner shall inform the auditor of 78338
state whether the individual filed an Ohio individual income tax 78339
return, separate or joint, as provided by section 5747.08 of the 78340
Revised Code, for either or both of the two taxable years 78341
preceding the year in which the director furnished the names and 78342
social security numbers to the commissioner. If the individual did 78343
so file, at the same time the commissioner shall also inform the 78344
auditor of state of the amount of the federal adjusted gross 78345
income as reported on such returns and of the addresses on such 78346
returns. The commissioner shall also advise the auditor of state 78347
whether such returns were filed on a joint basis, as provided in 78348
section 5747.08 of the Revised Code, in which case the federal 78349
adjusted gross income as reported may be that of the individual or 78350
the individual's spouse.78351

       If the auditor of state determines that further investigation 78352
is needed, the auditor of state may request the commissioner to 78353
determine whether the individual filed income tax returns for any 78354
previous taxable years in which the individual received public 78355
assistance and for which the tax department retains income tax 78356
returns. Within fourteen days of receipt of the request, the 78357
commissioner shall inform the auditor of state whether the 78358
individual filed an individual income tax return for the taxable 78359
years in question, of the amount of the federal adjusted gross 78360
income as reported on such returns, of the addresses on such 78361
returns, and whether the returns were filed on a joint or separate 78362
basis.78363

       If the auditor of state determines that further investigation 78364
is needed of a recipient of public assistance who filed an Ohio 78365
individual income tax return, the auditor of state may request a 78366
certified copy of the Ohio individual income tax return or returns 78367
of that person for the taxable years described above, together 78368
with any other documents the commissioner has concerning the 78369
return or returns. Within fourteen days of receipt of such a 78370
request in writing, the commissioner shall forward the returns and 78371
documents to the auditor of state.78372

       The director of job and family services, district director of 78373
job and family services, county director of job and family 78374
services, county prosecutor, attorney general, auditor of state, 78375
or any agent or employee of those officials having access to any 78376
information or documents furnished by the commissioner pursuant to 78377
this section shall not divulge or use any such information except 78378
for the purpose of determining overpayment of public assistance, 78379
or for an audit, investigation, or prosecution, or in accordance 78380
with a proper judicial order. Any person who violates this 78381
provision shall thereafter be disqualified from acting as an agent 78382
or employee or in any other capacity under appointment or 78383
employment of any state or county board, commission, or agency.78384

       Sec. 5101.183.  (A) TheExcept as provided in section 5111.12 78385
of the Revised Code, the director of job and family services, in 78386
accordance with section 111.15 of the Revised Code, may adopt 78387
rules under which county departments of job and family services or 78388
public children services agencies shall take action to recover the 78389
cost of socialthe following benefits and services:78390

       (1) Benefits or services provided to any of the following:78391

       (1)(a) Persons who were not eligible for socialthe benefits 78392
or services but who secured socialthe benefits or services 78393
through fraud or misrepresentation;78394

       (2)(b) Persons who were eligible for socialthe benefits or78395
services but who intentionally diverted the benefits or services 78396
to other persons who were not eligible for the benefits or78397
services.78398

       (2) Any benefits or services provided by a county family 78399
services agency for which recovery is required or permitted by 78400
federal law for the federal programs administered by the agency.78401

       (B) A county department of job and family services or public 78402
children services agency may bring a civil action against a 78403
recipient of socialbenefits or services to recover any costs 78404
described in division (A) of this section.78405

       (C) A county department of job and family services or public 78406
children services agency shall retain any money it recovers under 78407
division (A) of this section and shall use the money for the 78408
provision of socialto meet a family services duty, except that, 78409
if federal law requires the department of job and family services 78410
to return any portion of the money so recovered to the federal 78411
government, the county department orfamily services agency shall 78412
pay that portion to the department of job and family services.78413

       Sec. 5101.244. (A) If the department of job and family 78414
services determines that a grant awarded to a county grantee in a 78415
grant agreement entered into under section 5101.21 of the Revised 78416
Code, an allocation, advance, or reimbursement the department 78417
makes to a county family services agency, or a cash draw a county 78418
family services agency makes exceeds the allowable amount for the 78419
grant, allocation, advance, reimbursement, or cash draw, the 78420
department may adjusttake one or more of the following actions to 78421
recover the excess amount:78422

       (1) The department may adjust, offset, withhold, or reduce an 78423
allocation, cash draw, advance, reimbursement, or other financial 78424
assistance to the county grantee or county family services agency 78425
as necessary to recover the excess amount of the excess grant, 78426
allocation, advance, reimbursement, or cash draw.78427

       (2) The department may require the county grantee or county 78428
family services agency to enter into an agreement with the 78429
department for repayment of the excess amount. The department may 78430
require that the repayment include interest on the excess amount, 78431
calculated from the day that the excess occurred at a rate not 78432
exceeding the rate per annum prescribed by section 5703.47 of the 78433
Revised Code.78434

       (3) The department may certify a claim to the attorney 78435
general under section 131.02 of the Revised Code for the attorney 78436
general to take action under that section against the county 78437
grantee or county family services agency to recover the excess 78438
amount. The78439

       (B) In taking an action authorized under this section, the78440
department is not required to make the adjustment, offset, 78441
withholding, or reductiontake the action in accordance with 78442
section 5101.24 of the Revised Code.78443

       (C) The director of job and family services may adopt rules 78444
under section 111.15 of the Revised Code as necessary to implement 78445
this section. The director shall adopt the rules as if they were 78446
internal management rules.78447

       Sec. 5101.26.  As used in this section and in sections 78448
5101.27 to 5101.30 of the Revised Code:78449

       (A) "County agency" means a county department of job and 78450
family services or a public children services agency.78451

       (B) "Fugitive felon" means an individual who is fleeing to 78452
avoid prosecution, or custody or confinement after conviction, 78453
under the laws of the place from which the individual is fleeing, 78454
for a crime or an attempt to commit a crime that is a felony under 78455
the laws of the place from which the individual is fleeing or, in 78456
the case of New Jersey, a high misdemeanor, regardless of whether 78457
the individual has departed from the individual's usual place of 78458
residence.78459

       (C) "Information" means records as defined in section 149.011 78460
of the Revised Code, any other documents in any format, and data 78461
derived from records and documents that are generated, acquired, 78462
or maintained by the department of job and family services, a 78463
county agency, or an entity performing duties on behalf of the 78464
department or a county agency.78465

       (D) "Law enforcement agency" means the state highway patrol, 78466
an agency that employs peace officers as defined in section 109.71 78467
of the Revised Code, the adult parole authority, a county 78468
department of probation, a prosecuting attorney, the attorney 78469
general, similar agencies of other states, federal law enforcement 78470
agencies, and postal inspectors. "Law enforcement agency" includes 78471
the peace officers and other law enforcement officers employed by 78472
the agency.78473

       (E) "Medical assistance provided under a public assistance 78474
program" means medical assistance provided pursuant to, or under 78475
the programs established under sectionsby, section 5101.49, 78476
sections 5101.50, 5101.51, 5101.52, and 5101.5211 to 5101.5216to 78477
5101.529, Chapter 5111., or any other provision of the Revised 78478
Code.78479

        (F) "Medical assistance recipient" means an applicant for or 78480
recipient or former recipient of medical assistance.78481

       (G) "Public assistance" means financial assistance, medical 78482
assistance, or social services that are not medical assistance78483
provided under a program administered by the department of job and 78484
family services or a county agency pursuant to Chapter 329., 78485
5101., 5104., 5107., 5108., 5111., or 5115. of the Revised Code or 78486
an executive order issued under section 107.17 of the Revised 78487
Code.78488

       (G)(H) "Public assistance recipient" means an applicant for 78489
or recipient or former recipient of public assistance.78490

       Sec. 5101.27.  (A) Except as permitted by this section, 78491
section 5101.2725101.273, 5101.28, or 5101.29 of the Revised 78492
Code, or the rules adopted under division (A) of section 5101.30 78493
of the Revised Code, or when required by federal law, no person or 78494
government entity shall solicit, disclose, receive, use, or 78495
knowingly permit, or participate in the use of any information 78496
regarding a public assistance recipient for any purpose not 78497
directly connected with the administration of a public assistance 78498
program.78499

       (B) To the extent permitted by federal law, the department of 78500
job and family services and county agencies shall do all of the 78501
following:78502

       (1) Release information regarding a public assistance 78503
recipient for purposes directly connected to the administration of 78504
the program to a government entity responsible for administering 78505
that public assistance program;78506

       (2) Provide information regarding a public assistance 78507
recipient to a law enforcement agency for the purpose of any 78508
investigation, prosecution, or criminal or civil proceeding 78509
relating to the administration of that public assistance program;78510

        (3) Provide, for purposes directly connected to the 78511
administration of a program that assists needy individuals with 78512
the costs of public utility services, information regarding a 78513
recipient of financial assistance provided under a program 78514
administered by the department or a county agency pursuant to 78515
Chapter 5107. or 5108. of the Revised Code or sections 5115.01 to 78516
5115.07 of the Revised Code to an entity administering the public 78517
utility services program.78518

       (C) To the extent permitted by federal law and section 78519
1347.08 of the Revised Code, the department and county agencies 78520
shall provide access to information regarding a public assistance 78521
recipient to all of the following:78522

       (1) The recipient;78523

       (2) The authorized representative;78524

       (3) The legal guardian of the recipient;78525

       (4) The attorney of the recipient, if the attorney has 78526
written authorization that complies with section 5101.2715101.27278527
of the Revised Code from the recipient.78528

       (D) To the extent permitted by federal law and subject to 78529
division (E) of this section, the department and county agencies 78530
may do both of the following:78531

       (1) Release information about a public assistance recipient 78532
if the recipient gives voluntary, written authorization that 78533
complies with section 5101.2715101.272 of the Revised Code;78534

        (2) Release information regarding a public assistance 78535
recipient to a state, federal, or federally assisted program that 78536
provides cash or in-kind assistance or services directly to 78537
individuals based on need or for the purpose of protecting 78538
children to a government entity responsible for administering a 78539
children's protective services program.78540

        (E) Except when the release is required by division (B), (C), 78541
or (D)(2) of this section, the department or county agency shall 78542
release the information only in accordance with the authorization. 78543
The department or county agency shall provide, at no cost, a copy 78544
of each written authorization to the individual who signed it.78545

       (F) The department or county agency may release information 78546
under division (D) of this section concerning the receipt of 78547
medical assistance provided under a public assistance program only 78548
if all of the following conditions are met:78549

       (1) The release of information is for purposes directly 78550
connected to the administration of or provision of medical 78551
assistance provided under a public assistance program;78552

       (2) The information is released to persons or government 78553
entities that are subject to standards of confidentiality and 78554
safeguarding information substantially comparable to those 78555
established for medical assistance provided under a public 78556
assistance program;78557

       (3) The department or county agency has obtained an 78558
authorization consistent with section 5101.271 of the Revised 78559
Code.78560

       (G) Information concerning the receipt of medical assistance 78561
provided under a public assistance program may be released only if 78562
the release complies with this section and rules adopted by the 78563
department pursuant to section 5101.30 of the Revised Code or, if 78564
more restrictive, the Health Insurance Portability and 78565
Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1955, 78566
42 U.S.C. 1320d, et seq., as amended, and regulations adopted by 78567
the United States department of health and human services to 78568
implement the act.78569

       (H) The department of job and family services may adopt rules 78570
defining "authorized representative" for purposes of division 78571
(C)(2) of this section.78572

       Sec. 5101.271. (A) Except as permitted by this section, 78573
section 5101.273, or rules adopted under section 5101.30 of the 78574
Revised Code, or when required by federal law, no person or 78575
government entity shall use or disclose information regarding a 78576
medical assistance recipient for any purpose not directly 78577
connected with the administration of the medical assistance 78578
program.78579

       (B) Both of the following shall be considered to be purposes 78580
directly connected with the administration of the medical 78581
assistance program:78582

       (1) Treatment, payment, or other operations or activities 78583
authorized by 42 C.F.R. Chapter IV;78584

       (2) Any administrative function or duty the department of job 78585
and family services performs alone or jointly with a federal 78586
government entity, another state government entity, or a local 78587
government entity implementing a provision of federal law.78588

       (C) The department or a county agency may disclose 78589
information regarding a medical assistance recipient to any of the 78590
following:78591

       (1) The recipient or the recipient's authorized 78592
representative;78593

       (2) The recipient's legal guardian in accordance with 78594
division (C) of section 2111.13 of the Revised Code;78595

       (3) The attorney of the recipient, if the department or 78596
county agency has obtained authorization from the recipient, the 78597
recipient's authorized representative, or the recipient's legal 78598
guardian that meets all requirements of the Health Insurance 78599
Portability and Accountability Act of 1996, Pub. L. 104-191, 110 78600
Stat. 1955, 42 U.S.C. 1320d et seq., as amended, regulations 78601
promulgated by the United States department of health and human 78602
services to implement the act, section 5101.272 of the Revised 78603
Code, and any rules the director of job and family services adopts 78604
under section 5101.30 of the Revised Code;78605

       (4) A health information or health records management entity 78606
that has executed with the department a business associate 78607
agreement required by 45 C.F.R 164.502(e)(2) and has been 78608
authorized by the recipient, the recipient's authorized 78609
representative, or the recipient's legal guardian to receive the 78610
recipient's electronic health records in accordance with rules the 78611
director of job and family services adopts under section 5101.30 78612
of the Revised Code;78613

       (5) A court if pursuant to a written order of the court. 78614

       (D) The department may receive from county departments of job 78615
and family services information regarding any medical assistance 78616
recipient for purposes of training and verifying the accuracy of 78617
eligibility determinations for medical assistance. The department 78618
may assemble information received under this division into a 78619
report if the report is in a form specified by the department. 78620
Information received and assembled into a report under this 78621
division shall remain confidential and not besubject to 78622
disclosure pursuant to section 149.43 or 1347.08 of the Revised 78623
Code.78624

       (E) The department shall notify courts in this state 78625
regarding its authority, under division (C)(5) of this section, to 78626
disclose information regarding a medical assistance recipient 78627
pursuant to a written court order.78628

       Sec. 5101.271.        Sec. 5101.272. (A) For the purposes of section78629
sections 5101.27 and 5101.271 of the Revised Code, an 78630
authorization shall be made on a form that uses language 78631
understandable to the average person and contains all of the 78632
following:78633

       (1) A description of the information to be used or disclosed 78634
that identifies the information in a specific and meaningful 78635
fashion;78636

       (2) The name or other specific identification of the person 78637
or class of persons authorized to make the requested use or 78638
disclosure;78639

       (3) The name or other specific identification of the person 78640
or governmental entity to which the information may be released;78641

       (4) A description of each purpose of the requested use or 78642
disclosure of the information;78643

       (5) The date on which the authorization expires or an event 78644
related either to the individual who is the subject of the request 78645
or to the purposes of the requested use or disclosure, the 78646
occurrence of which will cause the authorization to expire;78647

       (6) A statement that the information used or disclosed 78648
pursuant to the authorization may be disclosed by the recipient of 78649
the information and may no longer be protected from disclosure;78650

       (7) The signature of the individual or the individual's 78651
authorized representative and the date on which the authorization 78652
was signed;78653

       (8) If signed by an authorized representative, a description 78654
of the representative's authority to act for the individual;78655

       (9) A statement of the individual or authorized 78656
representative's right to prospectively revoke the written 78657
authorization in writing, along with one of the following:78658

       (a) A description of how the individual or authorized 78659
representative may revoke the authorization;78660

       (b) If the department of job and family services' privacy 78661
notice contains a description of how the individual or authorized 78662
representative may revoke the authorization, a reference to that 78663
privacy notice.78664

       (10) A statement that treatment, payment, enrollment, or 78665
eligibility for public assistance or medical assistance cannot be 78666
conditioned on signing the authorization unless the authorization 78667
is necessary for determining eligibility for the public assistance 78668
or medical assistance program.78669

       (B) An authorization for the release of information regarding 78670
a medical assistance recipient to the recipient's attorney under 78671
division (C)(3) of section 5101.271 of the Revised Code may 78672
include a provision specifically authorizing the release of the 78673
recipient's electronic health records, if any, in accordance with 78674
rules the director of job and family services adopts under section 78675
5101.30 of the Revised Code.78676

       (C) When an individual requests information pursuant to 78677
section 5101.27 or 5101.271 of the Revised Code regarding the 78678
individual's receipt of public assistance or medical assistance78679
and does not wish to provide a statement of purpose, the statement 78680
"at request of the individual" is a sufficient description for 78681
purposes of division (A)(4) of this section.78682

       Sec. 5101.272.        Sec. 5101.273. Not later than August 31, 2007, the 78683
director of job and family services shall submit a report to the 78684
general assembly on the costs and potential three-year cost 78685
savings associated with participation in the 78686
federally-administered public assistance reporting information 78687
system. If cost savings are indicated in the report, not later 78688
than October 1, 2007, theThe department of job and family 78689
services shall enter into any necessary agreements with the United 78690
States department of health and human services and neighboring 78691
states to join and participate as an active member in the public 78692
assistance reporting information system. The department may 78693
disclose information regarding a public assistance recipient or 78694
medical assistance recipient to the extent necessary to 78695
participate as an active member in the public assistance reporting 78696
information system.78697

       Sec. 5101.28.  (A)(1) On request of the department of job and 78698
family services or a county agency, a law enforcement agency shall 78699
provide information regarding public assistance recipients to 78700
enable the department or county agency to determine, for 78701
eligibility purposes, whether a recipient or a member of a 78702
recipient's assistance group is a fugitive felon or violating a 78703
condition of probation, a community control sanction, parole, or a 78704
post-release control sanction imposed under state or federal law.78705

       (2) A county agency may enter into a written agreement with a 78706
local law enforcement agency establishing procedures concerning 78707
access to information and providing for compliance with division 78708
(F) of this section.78709

       (B) To the extent permitted by federal law, the department 78710
and county agencies shall provide information, except information 78711
directly related to the receipt of medical assistance or medical 78712
services, regarding recipients of public assistance under a 78713
program administered by the state department or a county agency 78714
pursuant to Chapter 5107., 5108., or 5115. of the Revised Code to 78715
law enforcement agencies on request for the purposes of 78716
investigations, prosecutions, and criminal and civil proceedings 78717
that are within the scope of the law enforcement agencies' 78718
official duties.78719

       (C) Information about a public assistance recipient shall be 78720
exchanged, obtained, or shared only if the department, county 78721
agency, or law enforcement agency requesting the information gives 78722
sufficient information to specifically identify the recipient. In 78723
addition to the recipient's name, identifying information may 78724
include the recipient's current or last known address, social 78725
security number, other identifying number, age, gender, physical 78726
characteristics, any information specified in an agreement entered 78727
into under division (A) of this section, or any information 78728
considered appropriate by the department or agency.78729

       (D)(1) The department and its officers and employees are not 78730
liable in damages in a civil action for any injury, death, or loss 78731
to person or property that allegedly arises from the release of 78732
information in accordance with divisions (A), (B), and (C) of this 78733
section. This section does not affect any immunity or defense that 78734
the department and its officers and employees may be entitled to 78735
under another section of the Revised Code or the common law of 78736
this state, including section 9.86 of the Revised Code.78737

       (2) The county agencies and their employees are not liable in 78738
damages in a civil action for any injury, death, or loss to person 78739
or property that allegedly arises from the release of information 78740
in accordance with divisions (A), (B), and (C) of this section. 78741
"Employee" has the same meaning as in division (B) of section 78742
2744.01 of the Revised Code. This section does not affect any 78743
immunity or defense that the county agencies and their employees 78744
may be entitled to under another section of the Revised Code or 78745
the common law of this state, including section 2744.02 and 78746
division (A)(6) of section 2744.03 of the Revised Code.78747

       (E) To the extent permitted by federal law, the department 78748
and county agencies shall provide access to information to the 78749
auditor of state acting pursuant to Chapter 117. or sections 78750
5101.181 and 5101.182 of the Revised Code and to any other 78751
government entity authorized by federal law to conduct an audit 78752
of, or similar activity involving, a public assistance program.78753

       (F) The auditor of state shall prepare an annual report on 78754
the outcome of the agreements required under division (A) of this 78755
section. The report shall include the number of fugitive felons, 78756
probation and parole violators, and violators of community control 78757
sanctions and post-release control sanctions apprehended during 78758
the immediately preceding year as a result of the exchange of 78759
information pursuant to that division. The auditor of state shall 78760
file the report with the governor, the president and minority 78761
leader of the senate, and the speaker and minority leader of the 78762
house of representatives. The state department, county agencies, 78763
and law enforcement agencies shall cooperate with the auditor of 78764
state's office in gathering the information required under this 78765
division.78766

       (G) To the extent permitted by federal law, the department of 78767
job and family services, county departments of job and family 78768
services, and employees of the departments may report to a public 78769
children services agency or other appropriate agency information 78770
on known or suspected physical or mental injury, sexual abuse or 78771
exploitation, or negligent treatment or maltreatment, of a child 78772
receiving public assistance, if circumstances indicate that the 78773
child's health or welfare is threatened.78774

       (H) As used in this section:78775

       (1) "Community control sanction" has the same meaning as in 78776
section 2929.01 of the Revised Code.78777

       (2) "Post-release control sanction" has the same meaning as 78778
in section 2967.01 of the Revised Code.78779

       Sec. 5101.30.  (A) The director of job and family services 78780
shall adopt rules in accordance with Chapter 119. of the Revised 78781
Code implementing sections 5101.26 to 5101.30 of the Revised Code 78782
and governing the custody, use, disclosure, and preservation of 78783
the information generated or received by the department of job and 78784
family services, county agencies, other state and county entities, 78785
contractors, grantees, private entities, or officials 78786
participating in the administration of public assistance or 78787
medical assistance programs. The rules shall comply with 78788
applicable federal statutes and regulations.The78789

       (1) The rules shall specify conditions and procedures for the 78790
release of information. The rules shall comply with applicable 78791
federal statutes and regulations. To the extent permitted by 78792
federal lawwhich may include, among other conditions and 78793
procedures, both of the following:78794

       (1) The rules may permit(a) Permitting providers of services 78795
or assistance under public assistance programs limited access to 78796
information that is essential for the providers to render services 78797
or assistance or to bill for services or assistance rendered. The 78798
department of aging, when investigating a complaint under section 78799
173.20 of the Revised Code, shall be granted any limited access 78800
permitted in the rules pursuant to division (A)(1) of this 78801
section.78802

       (2) The rules may permit(b) Permitting a contractor, 78803
grantee, or other state or county entity limited access to 78804
information that is essential for the contractor, grantee, or 78805
entity to perform administrative or other duties on behalf of the 78806
department or county agency. A contractor, grantee, or entity 78807
given access to information pursuant to division (A)(2) of this 78808
section is bound by the director's rules, and disclosure of the 78809
information by the contractor, grantee, or entity in a manner not 78810
authorized by the rules is a violation of section 5101.27 of the 78811
Revised Code.78812

       (2) The rules may define who is an "authorized 78813
representative" for purposes of sections 5101.27, 5101.271, and 78814
5101.272 of the Revised Code.78815

       (B) Whenever names, addresses, or other information relating 78816
to public assistance recipients is held by any agency other than 78817
the department or a county agency, that other agency shall adopt 78818
rules consistent with sections 5101.26 to 5101.30 of the Revised 78819
Code to prevent the publication or disclosure of names, lists, or 78820
other information concerning those recipients.78821

       Sec. 5101.35.  (A) As used in this section:78822

       (1) "Agency" means the following entities that administer a 78823
family services program:78824

       (a) The department of job and family services;78825

       (b) A county department of job and family services;78826

       (c) A public children services agency;78827

       (d) A private or government entity administering, in whole or 78828
in part, a family services program for or on behalf of the 78829
department of job and family services or a county department of 78830
job and family services or public children services agency.78831

       (2) "Appellant" means an applicant, participant, former 78832
participant, recipient, or former recipient of a family services 78833
program who is entitled by federal or state law to a hearing 78834
regarding a decision or order of the agency that administers the 78835
program.78836

       (3) "Family services program" means assistance provided under 78837
a Title IV-A program as defined in section 5101.80 of the Revised 78838
Code or under Chapter 5104., 5111., or 5115. or section 173.3578839
5119.69, 5101.141, 5101.46, 5101.461, 5101.54, 5153.163, or 78840
5153.165 of the Revised Code, other than assistance provided under 78841
section 5101.46 of the Revised Code by the department of mental 78842
health, the department of developmental disabilities, a board of 78843
alcohol, drug addiction, and mental health services, or a county 78844
board of developmental disabilities.78845

       (B) Except as provided by divisions (G) and (H) of this 78846
section, an appellant who appeals under federal or state law a 78847
decision or order of an agency administering a family services 78848
program shall, at the appellant's request, be granted a state 78849
hearing by the department of job and family services. This state 78850
hearing shall be conducted in accordance with rules adopted under 78851
this section. The state hearing shall be recorded, but neither the 78852
recording nor a transcript of the recording shall be part of the 78853
official record of the proceeding. A state hearing decision is 78854
binding upon the agency and department, unless it is reversed or 78855
modified on appeal to the director of job and family services or a 78856
court of common pleas.78857

       (C) Except as provided by division (G) of this section, an 78858
appellant who disagrees with a state hearing decision may make an 78859
administrative appeal to the director of job and family services 78860
in accordance with rules adopted under this section. This 78861
administrative appeal does not require a hearing, but the director 78862
or the director's designee shall review the state hearing decision 78863
and previous administrative action and may affirm, modify, remand, 78864
or reverse the state hearing decision. Any person designated to 78865
make an administrative appeal decision on behalf of the director 78866
shall have been admitted to the practice of law in this state. An 78867
administrative appeal decision is the final decision of the 78868
department and is binding upon the department and agency, unless 78869
it is reversed or modified on appeal to the court of common pleas.78870

       (D) An agency shall comply with a decision issued pursuant to 78871
division (B) or (C) of this section within the time limits 78872
established by rules adopted under this section. If a county 78873
department of job and family services or a public children 78874
services agency fails to comply within these time limits, the 78875
department may take action pursuant to section 5101.24 of the 78876
Revised Code. If another agency fails to comply within the time 78877
limits, the department may force compliance by withholding funds 78878
due the agency or imposing another sanction established by rules 78879
adopted under this section.78880

       (E) An appellant who disagrees with an administrative appeal 78881
decision of the director of job and family services or the 78882
director's designee issued under division (C) of this section may 78883
appeal from the decision to the court of common pleas pursuant to 78884
section 119.12 of the Revised Code. The appeal shall be governed 78885
by section 119.12 of the Revised Code except that:78886

       (1) The person may appeal to the court of common pleas of the 78887
county in which the person resides, or to the court of common 78888
pleas of Franklin county if the person does not reside in this 78889
state.78890

       (2) The person may apply to the court for designation as an 78891
indigent and, if the court grants this application, the appellant 78892
shall not be required to furnish the costs of the appeal.78893

       (3) The appellant shall mail the notice of appeal to the 78894
department of job and family services and file notice of appeal 78895
with the court within thirty days after the department mails the 78896
administrative appeal decision to the appellant. For good cause 78897
shown, the court may extend the time for mailing and filing notice 78898
of appeal, but such time shall not exceed six months from the date 78899
the department mails the administrative appeal decision. Filing 78900
notice of appeal with the court shall be the only act necessary to 78901
vest jurisdiction in the court.78902

       (4) The department shall be required to file a transcript of 78903
the testimony of the state hearing with the court only if the 78904
court orders the department to file the transcript. The court 78905
shall make such an order only if it finds that the department and 78906
the appellant are unable to stipulate to the facts of the case and 78907
that the transcript is essential to a determination of the appeal. 78908
The department shall file the transcript not later than thirty 78909
days after the day such an order is issued.78910

       (F) The department of job and family services shall adopt 78911
rules in accordance with Chapter 119. of the Revised Code to 78912
implement this section, including rules governing the following:78913

       (1) State hearings under division (B) of this section. The 78914
rules shall include provisions regarding notice of eligibility 78915
termination and the opportunity of an appellant appealing a 78916
decision or order of a county department of job and family 78917
services to request a county conference with the county department 78918
before the state hearing is held.78919

       (2) Administrative appeals under division (C) of this 78920
section;78921

       (3) Time limits for complying with a decision issued under 78922
division (B) or (C) of this section;78923

       (4) Sanctions that may be applied against an agency under 78924
division (D) of this section.78925

       (G) The department of job and family services may adopt rules 78926
in accordance with Chapter 119. of the Revised Code establishing 78927
an appeals process for an appellant who appeals a decision or 78928
order regarding a Title IV-A program identified under division 78929
(A)(4)(c), (d), (e), or (f) of section 5101.80 of the Revised Code 78930
that is different from the appeals process established by this 78931
section. The different appeals process may include having a state 78932
agency that administers the Title IV-A program pursuant to an 78933
interagency agreement entered into under section 5101.801 of the 78934
Revised Code administer the appeals process.78935

       (H) If an appellant receiving medicaid through a health 78936
insuring corporation that holds a certificate of authority under 78937
Chapter 1751. of the Revised Code is appealing a denial of 78938
medicaid services based on lack of medical necessity or other 78939
clinical issues regarding coverage by the health insuring 78940
corporation, the person hearing the appeal may order an 78941
independent medical review if that person determines that a review 78942
is necessary. The review shall be performed by a health care 78943
professional with appropriate clinical expertise in treating the 78944
recipient's condition or disease. The department shall pay the 78945
costs associated with the review.78946

       A review ordered under this division shall be part of the 78947
record of the hearing and shall be given appropriate evidentiary 78948
consideration by the person hearing the appeal.78949

       (I) The requirements of Chapter 119. of the Revised Code 78950
apply to a state hearing or administrative appeal under this 78951
section only to the extent, if any, specifically provided by rules 78952
adopted under this section.78953

       Sec. 5101.37.  (A) The department of job and family services 78954
and each county department of job and family services and child 78955
support enforcement agency may makeconduct any audits or78956
investigations that are necessary in the performance of their 78957
duties, and to that end they shall have the same power as a judge 78958
of a county court to administer oaths and to enforce the 78959
attendance and testimony of witnesses and the production of books 78960
or papers.78961

       The department and each county department and agency shall 78962
keep a record of their audits and investigations stating the time, 78963
place, charges, or subject,; witnesses summoned and examined,; and 78964
their conclusions.78965

        Witnesses shall be paid the fees and mileage provided for 78966
under section 119.094 of the Revised Code.78967

       (B) In conducting hearings pursuant to Chapters 3119., 3121., 78968
and 3123. or pursuant to division (B) of section 5101.35 of the 78969
Revised Code, the department and each child support enforcement 78970
agency have the same power as a judge of a county court to 78971
administer oaths and to enforce the attendance and testimony of 78972
witnesses and the production of books or papers. The department 78973
and each agency shall keep a record of those hearings stating the 78974
time, place, charges, or subject,; witnesses summoned and 78975
examined,; and their conclusions.78976

       The issuance of a subpoena by the department or a child 78977
support enforcement agency to enforce attendance and testimony of 78978
witnesses and the production of books or papers at a hearing is 78979
discretionary and the department or agency is not required to pay 78980
the fees of witnesses for attendance and travel.78981

       (C) Any judge of any division of the court of common pleas, 78982
upon application of the department or a county department or child 78983
support enforcement agency, may compel the attendance of 78984
witnesses, the production of books or papers, and the giving of 78985
testimony before the department, county department, or agency, by 78986
a judgment for contempt or otherwise, in the same manner as in 78987
cases before those courts.78988

       (D) Until an audit report is formally released by the 78989
department of job and family services, the audit report or any 78990
working paper or other document or record prepared by the 78991
department and related to the audit that is the subject of the 78992
audit report is not a public record under section 149.43 of the 78993
Revised Code.78994

       (E) The director of job and family services may adopt rules 78995
as necessary to implement this section. The rules shall be adopted 78996
in accordance with section 111.15 of the Revised Code as if they 78997
were internal management rules.78998

       Sec. 5101.46.  (A) As used in this section:78999

       (1) "Title XX" means Title XX of the "Social Security Act," 79000
88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended.79001

       (2) "Respective local agency" means, with respect to the 79002
department of job and family services, a county department of job 79003
and family services; with respect to the department of mental 79004
health, a board of alcohol, drug addiction, and mental health 79005
services; and with respect to the department of developmental 79006
disabilities, a county board of developmental disabilities.79007

       (3) "Federal poverty guidelines" means the poverty guidelines 79008
as revised annually by the United States department of health and 79009
human services in accordance with section 673(2) of the "Omnibus 79010
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. 79011
9902, as amended, for a family size equal to the size of the 79012
family of the person whose income is being determined.79013

       (B) The departments of job and family services, mental 79014
health, and developmental disabilities, with their respective 79015
local agencies, shall administer the provision of social services 79016
funded through grants made under Title XX. The social services 79017
furnished with Title XX funds shall be directed at the following 79018
goals:79019

       (1) Achieving or maintaining economic self-support to 79020
prevent, reduce, or eliminate dependency;79021

       (2) Achieving or maintaining self-sufficiency, including 79022
reduction or prevention of dependency;79023

       (3) Preventing or remedying neglect, abuse, or exploitation 79024
of children and adults unable to protect their own interests, or 79025
preserving, rehabilitating, or reuniting families;79026

       (4) Preventing or reducing inappropriate institutional care 79027
by providing for community-based care, home-based care, or other 79028
forms of less intensive care;79029

       (5) Securing referral or admission for institutional care 79030
when other forms of care are not appropriate, or providing 79031
services to individuals in institutions.79032

       (C)(1) All federal funds received under Title XX shall be 79033
appropriated as follows:79034

       (a) Seventy-two and one-half per cent to the department of 79035
job and family services;79036

       (b) Twelve and ninety-three one-hundreths per cent to the 79037
department of mental health;79038

       (c) Fourteen and fifty-seven one-hundreths per cent to the 79039
department of developmental disabilities.79040

       (2) Each of the state departmentdepartments shall, subject 79041
to the approval of the controlling board, develop formulasa 79042
formula for the distribution of theirthe Title XX appropriations79043
funds appropriated to the department to theirits respective local 79044
agencies. The formulasformula developed by each state department79045
shall take into account all of the following for each of its 79046
respective local agencies:79047

       (a) The total population of the area that is served by the 79048
respective local agency, the;79049

       (b) The percentage of the population in the area served that 79050
falls below the federal poverty guidelines, and the;79051

       (c) The respective local agency's history of and ability to 79052
utilize Title XX funds.79053

       (3) Each of the state departments shall expend nofor state 79054
administrative costs not more than three per cent of itsthe Title 79055
XX appropriation for state administrative costsfunds appropriated 79056
to the department. Each of the department's respective local 79057
agencies shall expend no more than fourteen per cent of its Title 79058
XX appropriation79059

       Each state department shall establish for each of its 79060
respective local agencies the maximum percentage of the Title XX 79061
funds distributed to the respective local agency that the 79062
respective local agency may expend for local administrative costs.79063
The percentage shall be established by rule and shall comply with 79064
federal law governing the use of Title XX funds. The rules shall 79065
be adopted in accordance with section 111.15 of the Revised Code 79066
as if they were internal management rules.79067

       (4) The department of job and family services shall expend no79068
for the training of the following not more than two per cent of 79069
itsthe Title XX appropriation for the training of the following79070
funds appropriated to the department:79071

       (a) Employees of county departments of job and family 79072
services;79073

       (b) Providers of services under contract with the state 79074
departments' respective local agencies;79075

       (c) Employees of a public children services agency directly 79076
engaged in providing Title XX services. 79077

       (D) The department of job and family services shall prepare a 79078
biennial comprehensive Title XX social services plan on the 79079
intended use of Title XX funds. The department shall develop a 79080
method for obtaining public comment during the development of the 79081
plan and following its completion.79082

       For each state fiscal year, the department of job and family 79083
services shall prepare a report on the actual use of Title XX 79084
funds. The department shall make the annual report available for 79085
public inspection.79086

       The departments of mental health and developmental 79087
disabilities shall prepare and submit to the department of job and 79088
family services the portions of each biennial plan and annual 79089
report that apply to services for mental health and mental 79090
retardation and developmental disabilities. Each respective local 79091
agency of the three state departments shall submit information as 79092
necessary for the preparation of biennial plans and annual 79093
reports.79094

       (E) Each county department shall adopt a county profile for 79095
the administration and provision of Title XX social services in 79096
the county. In developing its county profile, the county 79097
department shall take into consideration the comments and 79098
recommendations received from the public by the county family 79099
services planning committee pursuant to section 329.06 of the 79100
Revised Code. As part of its preparation of the county profile, 79101
the county department may prepare a local needs report analyzing 79102
the need for Title XX social services.79103

       The county department shall submit the county profile to the 79104
board of county commissioners for its review. Once the county 79105
profile has been approved by the board, the county department 79106
shall file a copy of the county profile with the department of job 79107
and family services. The department shall approve the county 79108
profile if the department determines the profile provides for the 79109
Title XX social services to meet the goals specified in division 79110
(B) of this section.79111

       (F) Any of the three state departments and their respective 79112
local agencies may require that an entity under contract to 79113
provide social services with Title XX funds submit to an audit on 79114
the basis of alleged misuse or improper accounting of funds. If an 79115
audit is required, the social services provider shall reimburse 79116
the state department or respective local agency for the cost it 79117
incurred in conducting the audit or having the audit conducted.79118

        If an audit demonstrates that a social services provider is 79119
responsible for one or more adverse findings, the provider shall 79120
reimburse the appropriate state department or its respective local 79121
agency the amount of the adverse findings. The amount shall not be 79122
reimbursed with Title XX funds received under this section. The 79123
three state departments and their respective local agencies may 79124
terminate or refuse to enter into a Title XX contract with a 79125
social services provider if there are adverse findings in an audit 79126
that are the responsibility of the provider. 79127

       (G) TheExcept with respect to the matters for which each of 79128
the state departments must adopt rules under division (C)(3) of 79129
this section, the department of job and family services may adopt79130
any rules it considers necessary to implement and carry out the 79131
purposes of this section. Rules governing financial and 79132
operational matters of the department or matters between the 79133
department and county departments of job and family services shall 79134
be adopted as internal management rules in accordance with section 79135
111.15 of the Revised Code. Rules governing eligibility for 79136
services, program participation, and other matters pertaining to 79137
applicants and participants shall be adopted in accordance with 79138
Chapter 119. of the Revised Code.79139

       Sec. 5101.47.  (A) Except as provided in divisiondivisions79140
(B) and (C) of this section, the directordepartment of job and 79141
family services may accept applications, determine eligibility, 79142
redetermine eligibility, and perform related administrative 79143
activities for one or more of the following:79144

       (1) The medicaid program established by Chapter 5111. of the 79145
Revised Code;79146

       (2) The children's health insurance program parts I, II, and 79147
III provided for under sections 5101.50, 5101.51, and 5101.52to 79148
5101.529 of the Revised Code;79149

       (3) Publicly funded child care provided under Chapter 5104. 79150
of the Revised Code;79151

       (4) The supplemental nutrition assistance program 79152
administered by the department of job and family services pursuant 79153
to section 5101.54 of the Revised Code;79154

       (5) Other programs the director of job and family services79155
determines are supportive of children, adults, or families;79156

       (6) Other programs regarding which the director determines 79157
administrative cost savings and efficiency may be achieved through 79158
the department accepting applications, determining eligibility, 79159
redetermining eligibility, or performing related administrative 79160
activities.79161

       (B) To the extent permitted by federal law, the department 79162
may enter into agreements with one or more other state agencies, 79163
local government entities, or political subdivisions to accept 79164
applications, determine eligibility, redetermine eligibility, and 79165
perform related administrative activities on behalf of the 79166
department with respect to the medicaid program and the children's 79167
health insurance program.79168

       (C) If federal law requires a face-to-face interview to 79169
complete an eligibility determination for a program specified in 79170
or pursuant to division (A) of this section, the face-to-face 79171
interview shall not be conducted by the department of job and 79172
family services.79173

       (C)(D) Subject to division (B)(C) of this section, if the 79174
directordepartment elects to accept applications, determine 79175
eligibility, redetermine eligibility, and perform related 79176
administrative activities for a program specified in or pursuant 79177
to division (A) of this section, both of the following apply:79178

       (1) An individual seeking services under the program may 79179
apply for the program to the directordepartment or to the entity 79180
that state law governing the program authorizes to accept 79181
applications for the program.79182

       (2) The directordepartment is subject to federal statutes 79183
and regulations and state statutes and rules that require, permit, 79184
or prohibit an action regarding accepting applications, 79185
determining or redetermining eligibility, and performing related 79186
administrative activities for the program.79187

       (D)(E) The director may adopt rules as necessary to implement 79188
this section.79189

       Sec. 5101.571.  As used in sections 5101.571 to 5101.591 of 79190
the Revised Code:79191

       (A) "Information" means all of the following:79192

       (1) An individual's name, address, date of birth, and social 79193
security number;79194

       (2) The group or plan number, or other identifier, assigned 79195
by a third party to a policy held by an individual or a plan in 79196
which the individual participates and the nature of the coverage;79197

       (3) Any other data the director of job and family services 79198
specifies in rules adopted under section 5101.591 of the Revised 79199
Code.79200

       (B) "Medical assistance" means medical items or services 79201
provided under any of the following:79202

        (1) Medicaid, as defined in section 5111.01 of the Revised 79203
Code;79204

       (2) The children's health insurance program part I, part II, 79205
and part III established under sections 5101.50, 5101.51, and 79206
5101.52 of the Revised Code;79207

       (3) The children's buy-in program established under sections 79208
5101.5211 to 5101.5216 of the Revised Code.79209

       (C) "Medical support" means support specified as support for 79210
the purpose of medical care by order of a court or administrative 79211
agency.79212

        (D) "Public assistance" means medical assistance or 79213
assistance under the Ohio works first program established under 79214
Chapter 5107. of the Revised Code.79215

       (E)(1) Subject to division (E)(2) of this section, and except 79216
as provided in division (E)(3) of this section, "third party" 79217
means all of the following:79218

       (a) A person authorized to engage in the business of sickness 79219
and accident insurance under Title XXXIX of the Revised Code;79220

       (b) A person or governmental entity providing coverage for 79221
medical services or items to individuals on a self-insurance 79222
basis;79223

       (c) A health insuring corporation as defined in section 79224
1751.01 of the Revised Code;79225

       (d) A group health plan as defined in 29 U.S.C. 1167;79226

       (e) A service benefit plan as referenced in 42 U.S.C. 79227
1396a(a)(25);79228

       (f) A managed care organization;79229

       (g) A pharmacy benefit manager;79230

       (h) A third party administrator;79231

       (i) Any other person or governmental entity that is, by law, 79232
contract, or agreement, responsible for the payment or processing 79233
of a claim for a medical item or service for a public assistance 79234
recipient or participant.79235

       (2) Except when otherwise provided by 42 U.S.C. 1395y(b), a 79236
person or governmental entity listed in division (E)(1) of this 79237
section is a third party even if the person or governmental entity 79238
limits or excludes payments for a medical item or service in the 79239
case of a public assistance recipient.79240

       (3) "Third party" does not include the program for medically 79241
handicapped children established under section 3701.023 of the 79242
Revised Code.79243

       Sec. 5101.573. (A) Subject to divisions (B) and (C) of this 79244
section, a third party shall do all of the following:79245

       (1) Accept the department of job and family services' right 79246
of recovery under section 5101.58 of the Revised Code and the 79247
assignment of rights to the department that are described in 79248
section 5101.59 of the Revised Code;79249

       (2) Respond to an inquiry by the department regarding a claim 79250
for payment of a medical item or service that was submitted to the 79251
third party not later than threesix years after the date of the 79252
provision of such medical item or service;79253

       (3) Not charge a fee to do either of the following for a 79254
claim described in division (A)(2) of this section:79255

       (a) Determine whether the claim should be paid;79256

       (b) Process the claim.79257

       (4) Pay a claim described in division (A)(2) of this section;79258

       (4)(5) Not deny a claim submitted by the department solely on 79259
the basis of the date of submission of the claim, type or format 79260
of the claim form, or a failure by the medical assistance 79261
recipient who is the subject of the claim to present proper 79262
documentation of coverage at the time of service, if both of the 79263
following are true:79264

       (a) The claim was submitted by the department not later than 79265
threesix years after the date of the provision of the medical 79266
item or service.79267

       (b) An action by the department to enforce its right of 79268
recovery under section 5101.58 of the Revised Code on the claim 79269
was commenced not later than six years after the department's 79270
submission of the claim.79271

       (5)(6) Consider the department's payment of a claim for a 79272
medical item or service to be the equivalent of the medical 79273
assistance recipient having obtained prior authorization for the 79274
item or service from the third party;79275

       (6)(7) Not deny a claim described in division (A)(5)(6) of 79276
this section that is submitted by the department solely on the 79277
basis of the medical assistance recipient's failure to obtain 79278
prior authorization for the medical item or service.79279

       (B) For purposes of the requirements in division (A) of this 79280
section, a third party shall treat a managed care organization as 79281
the department for a claim in which both of the following are 79282
true:79283

       (1) The individual who is the subject of the claim received a 79284
medical item or service through a managed care organization that 79285
has entered into a contract with the department of job and family 79286
services under section 5111.17 of the Revised Code;79287

       (2) The department has assigned its right of recovery for the 79288
claim to the managed care organization.79289

       (C) The time limitations associated with the requirements in 79290
divisions (A)(2) and (A)(4)(5) of this section apply only to 79291
submissions of claims to, and payments of claims by, a health 79292
insurer to which 42 U.S.C. 1396a(a)(25)(I) applies.79293

       Sec. 5101.58. (A) The acceptance of public assistance gives 79294
an automatic right of recovery to the department of job and family 79295
services and a county department of job and family services 79296
against the liability of a third party for the cost of medical 79297
assistance paid on behalf of the public assistance recipient or 79298
participant. When an action or claim is brought against a third 79299
party by a public assistance recipient or participant, any 79300
payment, settlement or compromise of the action or claim, or any 79301
court award or judgment, is subject to the recovery right of the 79302
department of job and family services or county department of job 79303
and family services. Except in the case of a recipient or 79304
participant who receives medical assistance through a managed care 79305
organization, the department's or county department's claim shall 79306
not exceed the amount of medical assistance paid by a department 79307
on behalf of the recipient or participant. A payment, settlement, 79308
compromise, judgment, or award that excludes the cost of medical 79309
assistance paid for by a department shall not preclude a 79310
department from enforcing its rights under this section.79311

       (B) In the case of a recipient or participant who receives 79312
medical assistance through a managed care organization, the amount 79313
of the department's or county department's claim shall be the 79314
amount the managed care organization pays for medical assistance 79315
rendered to the recipient or participant, even if that amount is 79316
more than the amount a department pays to the managed care 79317
organization for the recipient's or participant's medical 79318
assistance.79319

        (C) A recipient or participant, and the recipient's or 79320
participant's attorney, if any, shall cooperate with the 79321
departments. In furtherance of this requirement, the recipient or 79322
participant, or the recipient's or participant's attorney, if any, 79323
shall, not later than thirty days after initiating informal 79324
recovery activity or filing a legal recovery action against a 79325
third party, provide written notice of the activity or action to 79326
the department of job and family services when medical assistance 79327
under medicaid or the children's buy-in program has been paid.79328

       (D) The written notice that must be given under division (C) 79329
of this section shall disclose the identity and address of any 79330
third party against whom the recipient or participant has or may 79331
have a right of recovery.79332

       (E) No settlement, compromise, judgment, or award or any 79333
recovery in any action or claim by a recipient or participant 79334
where the departments have a right of recovery shall be made final 79335
without first giving the appropriate departments written notice as 79336
described in division (C) of this section and a reasonable 79337
opportunity to perfect their rights of recovery. If the 79338
departments are not given the appropriate written notice, the 79339
recipient or participant and, if there is one, the recipient's or 79340
participant's attorney, are liable to reimburse the departments 79341
for the recovery received to the extent of medical payments made 79342
by the departments.79343

       (F) The departments shall be permitted to enforce their 79344
recovery rights against the third party even though they accepted 79345
prior payments in discharge of their rights under this section if, 79346
at the time the departments received such payments, they were not 79347
aware that additional medical expenses had been incurred but had 79348
not yet been paid by the departments. The third party becomes 79349
liable to the department of job and family services or county 79350
department of job and family services as soon as the third party 79351
is notified in writing of the valid claims for recovery under this 79352
section.79353

        (G)(1) Subject to division (G)(2) of this section, the right 79354
of recovery of a department does not apply to that portion of any 79355
judgment, award, settlement, or compromise of a claim, to the 79356
extent of attorneys' fees, costs, or other expenses incurred by a 79357
recipient or participant in securing the judgment, award, 79358
settlement, or compromise, or to the extent of medical, surgical, 79359
and hospital expenses paid by such recipient or participant from 79360
the recipient's or participant's own resources.79361

        (2) Reasonable attorneys' fees, not to exceed one-third of 79362
the total judgment, award, settlement, or compromise, plus costs 79363
and other expenses incurred by the recipient or participant in 79364
securing the judgment, award, settlement, or compromise, shall 79365
first be deducted from the total judgment, award, settlement, or 79366
compromise. After fees, costs, and other expenses are deducted 79367
from the total judgment, award, settlement, or compromise, the 79368
department of job and family services or appropriate county 79369
department of job and family services shall receive no less than 79370
one-half of the remaining amount, or the actual amount of medical 79371
assistance paid, whichever is less.79372

       (H) A right of recovery created by this section may be 79373
enforced separately or jointly by the department of job and family 79374
services or the appropriate county department of job and family 79375
services. To enforce their recovery rights, the departments may do 79376
any of the following:79377

       (1) Intervene or join in any action or proceeding brought by 79378
the recipient or participant or on the recipient's or 79379
participant's behalf against any third party who may be liable for 79380
the cost of medical assistance paid;79381

       (2) Institute and pursue legal proceedings against any third 79382
party who may be liable for the cost of medical assistance paid;79383

       (3) Initiate legal proceedings in conjunction with any 79384
injured, diseased, or disabled recipient or participant or the 79385
recipient's or participant's attorney or representative.79386

       (I) A recipient or participant shall not assess attorney 79387
fees, costs, or other expenses against the department of job and 79388
family services or a county department of job and family services 79389
when the department or county department enforces its right of 79390
recovery created by this section.79391

       (J) The right of recovery given to the department under this 79392
section does not include rights to support from any other person 79393
assigned to the state under sections 5107.20 and 5115.07 of the 79394
Revised Code, but includes payments made by a third party under 79395
contract with a person having a duty to support.79396

       Sec. 5101.60.  As used in sections 5101.60 to 5101.71 of the 79397
Revised Code:79398

       (A) "Abuse" means the infliction upon an adult by self or 79399
others of injury, unreasonable confinement, intimidation, or cruel 79400
punishment with resulting physical harm, pain, or mental anguish.79401

       (B) "Adult" means any person sixty years of age or older 79402
within this state who is handicapped by the infirmities of aging 79403
or who has a physical or mental impairment which prevents the 79404
person from providing for the person's own care or protection, and 79405
who resides in an independent living arrangement. An "independent 79406
living arrangement" is a domicile of a person's own choosing, 79407
including, but not limited to, a private home, apartment, trailer, 79408
or rooming house. An "independent living arrangement" includes an 79409
adult care facility licensed pursuant to Chapter 3722.5119. of 79410
the Revised Code, but does not include other institutions or 79411
facilities licensed by the state or facilities in which a person 79412
resides as a result of voluntary, civil, or criminal commitment. 79413

       (C) "Caretaker" means the person assuming the responsibility 79414
for the care of an adult on a voluntary basis, by contract, 79415
through receipt of payment for care, as a result of a family 79416
relationship, or by order of a court of competent jurisdiction.79417

       (D) "Court" means the probate court in the county where an 79418
adult resides.79419

       (E) "Emergency" means that the adult is living in conditions 79420
which present a substantial risk of immediate and irreparable 79421
physical harm or death to self or any other person.79422

       (F) "Emergency services" means protective services furnished 79423
to an adult in an emergency.79424

       (G) "Exploitation" means the unlawful or improper act of a 79425
caretaker using an adult or an adult's resources for monetary or 79426
personal benefit, profit, or gain.79427

       (H) "In need of protective services" means an adult known or 79428
suspected to be suffering from abuse, neglect, or exploitation to 79429
an extent that either life is endangered or physical harm, mental 79430
anguish, or mental illness results or is likely to result.79431

       (I) "Incapacitated person" means a person who is impaired for 79432
any reason to the extent that the person lacks sufficient 79433
understanding or capacity to make and carry out reasonable 79434
decisions concerning the person's self or resources, with or 79435
without the assistance of a caretaker. Refusal to consent to the 79436
provision of services shall not be the sole determinative that the 79437
person is incapacitated. "Reasonable decisions" are decisions made 79438
in daily living which facilitate the provision of food, shelter, 79439
clothing, and health care necessary for life support.79440

       (J) "Mental illness" means a substantial disorder of thought, 79441
mood, perception, orientation, or memory that grossly impairs 79442
judgment, behavior, capacity to recognize reality, or ability to 79443
meet the ordinary demands of life.79444

       (K) "Neglect" means the failure of an adult to provide for 79445
self the goods or services necessary to avoid physical harm, 79446
mental anguish, or mental illness or the failure of a caretaker to 79447
provide such goods or services.79448

       (L) "Peace officer" means a peace officer as defined in 79449
section 2935.01 of the Revised Code.79450

       (M) "Physical harm" means bodily pain, injury, impairment, or 79451
disease suffered by an adult.79452

       (N) "Protective services" means services provided by the 79453
county department of job and family services or its designated 79454
agency to an adult who has been determined by evaluation to 79455
require such services for the prevention, correction, or 79456
discontinuance of an act of as well as conditions resulting from 79457
abuse, neglect, or exploitation. Protective services may include, 79458
but are not limited to, case work services, medical care, mental 79459
health services, legal services, fiscal management, home health 79460
care, homemaker services, housing-related services, guardianship 79461
services, and placement services as well as the provision of such 79462
commodities as food, clothing, and shelter.79463

       (O) "Working day" means Monday, Tuesday, Wednesday, Thursday, 79464
and Friday, except when such day is a holiday as defined in 79465
section 1.14 of the Revised Code.79466

       Sec. 5101.61.  (A) As used in this section:79467

       (1) "Senior service provider" means any person who provides 79468
care or services to a person who is an adult as defined in 79469
division (B) of section 5101.60 of the Revised Code.79470

       (2) "Ambulatory health facility" means a nonprofit, public or 79471
proprietary freestanding organization or a unit of such an agency 79472
or organization that:79473

       (a) Provides preventive, diagnostic, therapeutic, 79474
rehabilitative, or palliative items or services furnished to an 79475
outpatient or ambulatory patient, by or under the direction of a 79476
physician or dentist in a facility which is not a part of a 79477
hospital, but which is organized and operated to provide medical 79478
care to outpatients;79479

       (b) Has health and medical care policies which are developed 79480
with the advice of, and with the provision of review of such 79481
policies, an advisory committee of professional personnel, 79482
including one or more physicians, one or more dentists, if dental 79483
care is provided, and one or more registered nurses;79484

       (c) Has a medical director, a dental director, if dental care 79485
is provided, and a nursing director responsible for the execution 79486
of such policies, and has physicians, dentists, nursing, and 79487
ancillary staff appropriate to the scope of services provided;79488

       (d) Requires that the health care and medical care of every 79489
patient be under the supervision of a physician, provides for 79490
medical care in a case of emergency, has in effect a written 79491
agreement with one or more hospitals and other centers or clinics, 79492
and has an established patient referral system to other resources, 79493
and a utilization review plan and program;79494

       (e) Maintains clinical records on all patients;79495

       (f) Provides nursing services and other therapeutic services 79496
in accordance with programs and policies, with such services 79497
supervised by a registered professional nurse, and has a 79498
registered professional nurse on duty at all times of clinical 79499
operations;79500

       (g) Provides approved methods and procedures for the 79501
dispensing and administration of drugs and biologicals;79502

       (h) Has established an accounting and record keeping system 79503
to determine reasonable and allowable costs;79504

       (i) "Ambulatory health facilities" also includes an 79505
alcoholism treatment facility approved by the joint commission on 79506
accreditation of healthcare organizations as an alcoholism 79507
treatment facility or certified by the department of alcohol and 79508
drug addiction services, and such facility shall comply with other 79509
provisions of this division not inconsistent with such 79510
accreditation or certification.79511

       (3) "Community mental health facility" means a facility which 79512
provides community mental health services and is included in the 79513
comprehensive mental health plan for the alcohol, drug addiction, 79514
and mental health service district in which it is located.79515

       (4) "Community mental health service" means services, other 79516
than inpatient services, provided by a community mental health 79517
facility.79518

       (5) "Home health agency" means an institution or a distinct 79519
part of an institution operated in this state which:79520

       (a) Is primarily engaged in providing home health services;79521

       (b) Has home health policies which are established by a group 79522
of professional personnel, including one or more duly licensed 79523
doctors of medicine or osteopathy and one or more registered 79524
professional nurses, to govern the home health services it 79525
provides and which includes a requirement that every patient must 79526
be under the care of a duly licensed doctor of medicine or 79527
osteopathy;79528

       (c) Is under the supervision of a duly licensed doctor of 79529
medicine or doctor of osteopathy or a registered professional 79530
nurse who is responsible for the execution of such home health 79531
policies;79532

       (d) Maintains comprehensive records on all patients;79533

       (e) Is operated by the state, a political subdivision, or an 79534
agency of either, or is operated not for profit in this state and 79535
is licensed or registered, if required, pursuant to law by the 79536
appropriate department of the state, county, or municipality in 79537
which it furnishes services; or is operated for profit in this 79538
state, meets all the requirements specified in divisions (A)(5)(a) 79539
to (d) of this section, and is certified under Title XVIII of the 79540
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as 79541
amended.79542

       (6) "Home health service" means the following items and 79543
services, provided, except as provided in division (A)(6)(g) of 79544
this section, on a visiting basis in a place of residence used as 79545
the patient's home:79546

       (a) Nursing care provided by or under the supervision of a 79547
registered professional nurse;79548

       (b) Physical, occupational, or speech therapy ordered by the 79549
patient's attending physician;79550

       (c) Medical social services performed by or under the 79551
supervision of a qualified medical or psychiatric social worker 79552
and under the direction of the patient's attending physician;79553

       (d) Personal health care of the patient performed by aides in 79554
accordance with the orders of a doctor of medicine or osteopathy 79555
and under the supervision of a registered professional nurse;79556

       (e) Medical supplies and the use of medical appliances;79557

       (f) Medical services of interns and residents-in-training 79558
under an approved teaching program of a nonprofit hospital and 79559
under the direction and supervision of the patient's attending 79560
physician;79561

       (g) Any of the foregoing items and services which:79562

       (i) Are provided on an outpatient basis under arrangements 79563
made by the home health agency at a hospital or skilled nursing 79564
facility;79565

       (ii) Involve the use of equipment of such a nature that the 79566
items and services cannot readily be made available to the patient 79567
in the patient's place of residence, or which are furnished at the 79568
hospital or skilled nursing facility while the patient is there to 79569
receive any item or service involving the use of such equipment.79570

       Any attorney, physician, osteopath, podiatrist, chiropractor, 79571
dentist, psychologist, any employee of a hospital as defined in 79572
section 3701.01 of the Revised Code, any nurse licensed under 79573
Chapter 4723. of the Revised Code, any employee of an ambulatory 79574
health facility, any employee of a home health agency, any 79575
employee of an adult care facility as defined in section 3722.0179576
5119.70 of the Revised Code, any employee of a nursing home, 79577
residential care facility, or home for the aging, as defined in 79578
section 3721.01 of the Revised Code, any senior service provider, 79579
any peace officer, coroner, clergyman, any employee of a community 79580
mental health facility, and any person engaged in social work or 79581
counseling having reasonable cause to believe that an adult is 79582
being abused, neglected, or exploited, or is in a condition which 79583
is the result of abuse, neglect, or exploitation shall immediately 79584
report such belief to the county department of job and family 79585
services. This section does not apply to employees of any hospital 79586
or public hospital as defined in section 5122.01 of the Revised 79587
Code.79588

       (B) Any person having reasonable cause to believe that an 79589
adult has suffered abuse, neglect, or exploitation may report, or 79590
cause reports to be made of such belief to the department.79591

       (C) The reports made under this section shall be made orally 79592
or in writing except that oral reports shall be followed by a 79593
written report if a written report is requested by the department. 79594
Written reports shall include:79595

       (1) The name, address, and approximate age of the adult who 79596
is the subject of the report;79597

       (2) The name and address of the individual responsible for 79598
the adult's care, if any individual is, and if the individual is 79599
known;79600

       (3) The nature and extent of the alleged abuse, neglect, or 79601
exploitation of the adult;79602

       (4) The basis of the reporter's belief that the adult has 79603
been abused, neglected, or exploited.79604

       (D) Any person with reasonable cause to believe that an adult 79605
is suffering abuse, neglect, or exploitation who makes a report 79606
pursuant to this section or who testifies in any administrative or 79607
judicial proceeding arising from such a report, or any employee of 79608
the state or any of its subdivisions who is discharging 79609
responsibilities under section 5101.62 of the Revised Code shall 79610
be immune from civil or criminal liability on account of such 79611
investigation, report, or testimony, except liability for perjury, 79612
unless the person has acted in bad faith or with malicious 79613
purpose.79614

       (E) No employer or any other person with the authority to do 79615
so shall discharge, demote, transfer, prepare a negative work 79616
performance evaluation, or reduce benefits, pay, or work 79617
privileges, or take any other action detrimental to an employee or 79618
in any way retaliate against an employee as a result of the 79619
employee's having filed a report under this section.79620

       (F) Neither the written or oral report provided for in this 79621
section nor the investigatory report provided for in section 79622
5101.62 of the Revised Code shall be considered a public record as 79623
defined in section 149.43 of the Revised Code. Information 79624
contained in the report shall upon request be made available to 79625
the adult who is the subject of the report, to agencies authorized 79626
by the department to receive information contained in the report, 79627
and to legal counsel for the adult.79628

       Sec. 5104.01.  As used in this chapter:79629

       (A) "Administrator" means the person responsible for the 79630
daily operation of a center or type A home. The administrator and 79631
the owner may be the same person.79632

       (B) "Approved child day camp" means a child day camp approved 79633
pursuant to section 5104.22 of the Revised Code.79634

       (C) "Authorized provider" means a person authorized by a 79635
county director of job and family services to operate a certified 79636
type B family day-care home.79637

       (D) "Border state child care provider" means a child care 79638
provider that is located in a state bordering Ohio and that is 79639
licensed, certified, or otherwise approved by that state to 79640
provide child care.79641

       (E) "Career pathways model" means an alternative pathway to 79642
meeting the requirements for a child care staff member or 79643
administrator that uses one framework to integrate the pathways of 79644
formal education, training, experience, and specialized 79645
credentials, and certifications, and that allows the member or 79646
administrator to achieve a designation as an early childhood 79647
professional level one, two, three, four, five, or six.79648

       (F) "Caretaker parent" means the father or mother of a child 79649
whose presence in the home is needed as the caretaker of the 79650
child, a person who has legal custody of a child and whose 79651
presence in the home is needed as the caretaker of the child, a 79652
guardian of a child whose presence in the home is needed as the 79653
caretaker of the child, and any other person who stands in loco 79654
parentis with respect to the child and whose presence in the home 79655
is needed as the caretaker of the child.79656

       (F)(G) "Certified type B family day-care home" and "certified 79657
type B home" mean a type B family day-care home that is certified 79658
by the director of the county department of job and family 79659
services pursuant to section 5104.11 of the Revised Code to 79660
receive public funds for providing child care pursuant to this 79661
chapter and any rules adopted under it.79662

       (G)(H) "Chartered nonpublic school" means a school that meets 79663
standards for nonpublic schools prescribed by the state board of 79664
education for nonpublic schools pursuant to section 3301.07 of the 79665
Revised Code.79666

       (H)(I) "Child" includes an infant, toddler, preschool child, 79667
or school child.79668

       (I)(J) "Child care block grant act" means the "Child Care and 79669
Development Block Grant Act of 1990," established in section 5082 79670
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat. 79671
1388-236 (1990), 42 U.S.C. 9858, as amended.79672

       (J)(K) "Child day camp" means a program in which only school 79673
children attend or participate, that operates for no more than 79674
seven hours per day, that operates only during one or more public 79675
school district's regular vacation periods or for no more than 79676
fifteen weeks during the summer, and that operates outdoor 79677
activities for each child who attends or participates in the 79678
program for a minimum of fifty per cent of each day that children 79679
attend or participate in the program, except for any day when 79680
hazardous weather conditions prevent the program from operating 79681
outdoor activities for a minimum of fifty per cent of that day. 79682
For purposes of this division, the maximum seven hours of 79683
operation time does not include transportation time from a child's 79684
home to a child day camp and from a child day camp to a child's 79685
home.79686

       (K)(L) "Child care" means administering to the needs of 79687
infants, toddlers, preschool children, and school children outside 79688
of school hours by persons other than their parents or guardians, 79689
custodians, or relatives by blood, marriage, or adoption for any 79690
part of the twenty-four-hour day in a place or residence other 79691
than a child's own home.79692

       (L)(M) "Child day-care center" and "center" mean any place in 79693
which child care or publicly funded child care is provided for 79694
thirteen or more children at one time or any place that is not the 79695
permanent residence of the licensee or administrator in which 79696
child care or publicly funded child care is provided for seven to 79697
twelve children at one time. In counting children for the purposes 79698
of this division, any children under six years of age who are 79699
related to a licensee, administrator, or employee and who are on 79700
the premises of the center shall be counted. "Child day-care 79701
center" and "center" do not include any of the following:79702

       (1) A place located in and operated by a hospital, as defined 79703
in section 3727.01 of the Revised Code, in which the needs of 79704
children are administered to, if all the children whose needs are 79705
being administered to are monitored under the on-site supervision 79706
of a physician licensed under Chapter 4731. of the Revised Code or 79707
a registered nurse licensed under Chapter 4723. of the Revised 79708
Code, and the services are provided only for children who, in the 79709
opinion of the child's parent, guardian, or custodian, are 79710
exhibiting symptoms of a communicable disease or other illness or 79711
are injured;79712

       (2) A child day camp;79713

       (3) A place that provides child care, but not publicly funded 79714
child care, if all of the following apply:79715

       (a) An organized religious body provides the child care;79716

       (b) A parent, custodian, or guardian of at least one child 79717
receiving child care is on the premises and readily accessible at 79718
all times;79719

       (c) The child care is not provided for more than thirty days 79720
a year;79721

       (d) The child care is provided only for preschool and school 79722
children.79723

       (M)(N) "Child care resource and referral service 79724
organization" means a community-based nonprofit organization that 79725
provides child care resource and referral services but not child 79726
care.79727

       (N)(O) "Child care resource and referral services" means all 79728
of the following services:79729

       (1) Maintenance of a uniform data base of all child care 79730
providers in the community that are in compliance with this 79731
chapter, including current occupancy and vacancy data;79732

       (2) Provision of individualized consumer education to 79733
families seeking child care;79734

       (3) Provision of timely referrals of available child care 79735
providers to families seeking child care;79736

       (4) Recruitment of child care providers;79737

       (5) Assistance in the development, conduct, and dissemination 79738
of training for child care providers and provision of technical 79739
assistance to current and potential child care providers, 79740
employers, and the community;79741

       (6) Collection and analysis of data on the supply of and 79742
demand for child care in the community;79743

       (7) Technical assistance concerning locally, state, and 79744
federally funded child care and early childhood education 79745
programs;79746

       (8) Stimulation of employer involvement in making child care 79747
more affordable, more available, safer, and of higher quality for 79748
their employees and for the community;79749

       (9) Provision of written educational materials to caretaker 79750
parents and informational resources to child care providers;79751

       (10) Coordination of services among child care resource and 79752
referral service organizations to assist in developing and 79753
maintaining a statewide system of child care resource and referral 79754
services if required by the department of job and family services;79755

       (11) Cooperation with the county department of job and family 79756
services in encouraging the establishment of parent cooperative 79757
child care centers and parent cooperative type A family day-care 79758
homes.79759

       (O)(P) "Child-care staff member" means an employee of a child 79760
day-care center or type A family day-care home who is primarily 79761
responsible for the care and supervision of children. The 79762
administrator may be a part-time child-care staff member when not 79763
involved in other duties.79764

       (P)(Q) "Drop-in child day-care center," "drop-in center," 79765
"drop-in type A family day-care home," and "drop-in type A home" 79766
mean a center or type A home that provides child care or publicly 79767
funded child care for children on a temporary, irregular basis.79768

       (Q)(R) "Employee" means a person who either:79769

       (1) Receives compensation for duties performed in a child 79770
day-care center or type A family day-care home;79771

       (2) Is assigned specific working hours or duties in a child 79772
day-care center or type A family day-care home.79773

       (R)(S) "Employer" means a person, firm, institution, 79774
organization, or agency that operates a child day-care center or 79775
type A family day-care home subject to licensure under this 79776
chapter.79777

       (S)(T) "Federal poverty line" means the official poverty 79778
guideline as revised annually in accordance with section 673(2) of 79779
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42 79780
U.S.C. 9902, as amended, for a family size equal to the size of 79781
the family of the person whose income is being determined.79782

       (T)(U) "Head start program" means a comprehensive child 79783
development program that receives funds distributed under the 79784
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as 79785
amended, and is licensed as a child day-care center.79786

       (U)(V) "Income" means gross income, as defined in section 79787
5107.10 of the Revised Code, less any amounts required by federal 79788
statutes or regulations to be disregarded.79789

       (V)(W) "Indicator checklist" means an inspection tool, used 79790
in conjunction with an instrument-based program monitoring 79791
information system, that contains selected licensing requirements 79792
that are statistically reliable indicators or predictors of a 79793
child day-care center or type A family day-care home's compliance 79794
with licensing requirements.79795

       (W)(X) "Infant" means a child who is less than eighteen 79796
months of age.79797

       (X)(Y) "In-home aide" means a person who does not reside with 79798
the child but provides care in the child's home and is certified 79799
by a county director of job and family services pursuant to 79800
section 5104.12 of the Revised Code to provide publicly funded 79801
child care to a child in a child's own home pursuant to this 79802
chapter and any rules adopted under it.79803

       (Y)(Z) "Instrument-based program monitoring information 79804
system" means a method to assess compliance with licensing 79805
requirements for child day-care centers and type A family day-care 79806
homes in which each licensing requirement is assigned a weight 79807
indicative of the relative importance of the requirement to the 79808
health, growth, and safety of the children that is used to develop 79809
an indicator checklist.79810

       (Z)(AA) "License capacity" means the maximum number in each 79811
age category of children who may be cared for in a child day-care 79812
center or type A family day-care home at one time as determined by 79813
the director of job and family services considering building 79814
occupancy limits established by the department of commerce, number 79815
of available child-care staff members, amount of available indoor 79816
floor space and outdoor play space, and amount of available play 79817
equipment, materials, and supplies. For the purposes of a 79818
provisional license issued under this chapter, the director shall 79819
also consider the number of available child-care staff members 79820
when determining "license capacity" for the provisional license.79821

       (AA)(BB) "Licensed preschool program" or "licensed school 79822
child program" means a preschool program or school child program, 79823
as defined in section 3301.52 of the Revised Code, that is 79824
licensed by the department of education pursuant to sections 79825
3301.52 to 3301.59 of the Revised Code.79826

       (BB)(CC) "Licensee" means the owner of a child day-care 79827
center or type A family day-care home that is licensed pursuant to 79828
this chapter and who is responsible for ensuring its compliance 79829
with this chapter and rules adopted pursuant to this chapter.79830

       (CC)(DD) "Operate a child day camp" means to operate, 79831
establish, manage, conduct, or maintain a child day camp.79832

       (DD)(EE) "Owner" includes a person, as defined in section 79833
1.59 of the Revised Code, or government entity.79834

       (EE)(FF) "Parent cooperative child day-care center," "parent 79835
cooperative center," "parent cooperative type A family day-care 79836
home," and "parent cooperative type A home" mean a corporation or 79837
association organized for providing educational services to the 79838
children of members of the corporation or association, without 79839
gain to the corporation or association as an entity, in which the 79840
services of the corporation or association are provided only to 79841
children of the members of the corporation or association, 79842
ownership and control of the corporation or association rests 79843
solely with the members of the corporation or association, and at 79844
least one parent-member of the corporation or association is on 79845
the premises of the center or type A home during its hours of 79846
operation.79847

       (FF)(GG) "Part-time child day-care center," "part-time 79848
center," "part-time type A family day-care home," and "part-time 79849
type A home" mean a center or type A home that provides child care 79850
or publicly funded child care for no more than four hours a day 79851
for any child.79852

       (GG)(HH) "Place of worship" means a building where activities 79853
of an organized religious group are conducted and includes the 79854
grounds and any other buildings on the grounds used for such 79855
activities.79856

       (HH)(II) "Preschool child" means a child who is three years 79857
old or older but is not a school child.79858

       (II)(JJ) "Protective child care" means publicly funded child 79859
care for the direct care and protection of a child to whom either 79860
of the following applies:79861

       (1) A case plan prepared and maintained for the child 79862
pursuant to section 2151.412 of the Revised Code indicates a need 79863
for protective care and the child resides with a parent, 79864
stepparent, guardian, or another person who stands in loco 79865
parentis as defined in rules adopted under section 5104.38 of the 79866
Revised Code;79867

       (2) The child and the child's caretaker either temporarily 79868
reside in a facility providing emergency shelter for homeless 79869
families or are determined by the county department of job and 79870
family services to be homeless, and are otherwise ineligible for 79871
publicly funded child care.79872

       (JJ)(KK) "Publicly funded child care" means administering to 79873
the needs of infants, toddlers, preschool children, and school 79874
children under age thirteen during any part of the 79875
twenty-four-hour day by persons other than their caretaker parents 79876
for remuneration wholly or in part with federal or state funds, 79877
including funds available under the child care block grant act, 79878
Title IV-A, and Title XX, distributed by the department of job and 79879
family services.79880

       (KK)(LL) "Religious activities" means any of the following: 79881
worship or other religious services; religious instruction; Sunday 79882
school classes or other religious classes conducted during or 79883
prior to worship or other religious services; youth or adult 79884
fellowship activities; choir or other musical group practices or 79885
programs; meals; festivals; or meetings conducted by an organized 79886
religious group.79887

       (LL)(MM) "School child" means a child who is enrolled in or 79888
is eligible to be enrolled in a grade of kindergarten or above but 79889
is less than fifteen years old.79890

       (MM)(NN) "School child day-care center," "school child 79891
center," "school child type A family day-care home," and "school 79892
child type A family home" mean a center or type A home that 79893
provides child care for school children only and that does either 79894
or both of the following:79895

       (1) Operates only during that part of the day that 79896
immediately precedes or follows the public school day of the 79897
school district in which the center or type A home is located;79898

       (2) Operates only when the public schools in the school 79899
district in which the center or type A home is located are not 79900
open for instruction with pupils in attendance.79901

       (NN)(OO) "State median income" means the state median income 79902
calculated by the department of development pursuant to division 79903
(A)(1)(g) of section 5709.61 of the Revised Code.79904

       (OO)(PP) "Title IV-A" means Title IV-A of the "Social 79905
Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.79906

       (PP)(QQ) "Title XX" means Title XX of the "Social Security 79907
Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.79908

       (QQ)(RR) "Toddler" means a child who is at least eighteen 79909
months of age but less than three years of age.79910

       (RR)(SS) "Type A family day-care home" and "type A home" mean 79911
a permanent residence of the administrator in which child care or 79912
publicly funded child care is provided for seven to twelve 79913
children at one time or a permanent residence of the administrator 79914
in which child care is provided for four to twelve children at one 79915
time if four or more children at one time are under two years of 79916
age. In counting children for the purposes of this division, any 79917
children under six years of age who are related to a licensee, 79918
administrator, or employee and who are on the premises of the type 79919
A home shall be counted. "Type A family day-care home" and "type A 79920
home" do not include any child day camp.79921

       (SS)(TT) "Type B family day-care home" and "type B home" mean 79922
a permanent residence of the provider in which child care is 79923
provided for one to six children at one time and in which no more 79924
than three children are under two years of age at one time. In 79925
counting children for the purposes of this division, any children 79926
under six years of age who are related to the provider and who are 79927
on the premises of the type B home shall be counted. "Type B 79928
family day-care home" and "type B home" do not include any child 79929
day camp.79930

       Sec. 5104.011.  (A) The director of job and family services 79931
shall adopt rules pursuant to Chapter 119. of the Revised Code 79932
governing the operation of child day-care centers, including, but 79933
not limited to, parent cooperative centers, part-time centers, 79934
drop-in centers, and school child centers, which rules shall 79935
reflect the various forms of child care and the needs of children 79936
receiving child care or publicly funded child care and shall 79937
include specific rules for school child care centers that are 79938
developed in consultation with the department of education. The 79939
rules shall not require an existing school facility that is in 79940
compliance with applicable building codes to undergo an additional 79941
building code inspection or to have structural modifications. The 79942
rules shall include the following:79943

       (1) Submission of a site plan and descriptive plan of 79944
operation to demonstrate how the center proposes to meet the 79945
requirements of this chapter and rules adopted pursuant to this 79946
chapter for the initial license application;79947

       (2) Standards for ensuring that the physical surroundings of 79948
the center are safe and sanitary including, but not limited to, 79949
the physical environment, the physical plant, and the equipment of 79950
the center;79951

       (3) Standards for the supervision, care, and discipline of 79952
children receiving child care or publicly funded child care in the 79953
center;79954

       (4) Standards for a program of activities, and for play 79955
equipment, materials, and supplies, to enhance the development of 79956
each child; however, any educational curricula, philosophies, and 79957
methodologies that are developmentally appropriate and that 79958
enhance the social, emotional, intellectual, and physical 79959
development of each child shall be permissible. As used in this 79960
division, "program" does not include instruction in religious or 79961
moral doctrines, beliefs, or values that is conducted at child 79962
day-care centers owned and operated by churches and does include 79963
methods of disciplining children at child day-care centers.79964

       (5) Admissions policies and procedures, health care policies 79965
and procedures, including, but not limited to, procedures for the 79966
isolation of children with communicable diseases, first aid and 79967
emergency procedures, procedures for discipline and supervision of 79968
children, standards for the provision of nutritious meals and 79969
snacks, and procedures for screening children and employees, 79970
including, but not limited to,that may include any necessary 79971
physical examinations and immunizations;79972

       (6) Methods for encouraging parental participation in the 79973
center and methods for ensuring that the rights of children, 79974
parents, and employees are protected and that responsibilities of 79975
parents and employees are met;79976

       (7) Procedures for ensuring the safety and adequate 79977
supervision of children traveling off the premises of the center 79978
while under the care of a center employee;79979

       (8) Procedures for record keeping, organization, and 79980
administration;79981

       (9) Procedures for issuing, renewing, denying, and revoking a 79982
license that are not otherwise provided for in Chapter 119. of the 79983
Revised Code;79984

       (10) Inspection procedures;79985

       (11) Procedures and standards for setting initial and renewal79986
license application fees;79987

       (12) Procedures for receiving, recording, and responding to 79988
complaints about centers;79989

       (13) Procedures for enforcing section 5104.04 of the Revised 79990
Code;79991

       (14) A standard requiring the inclusion, on and after July 1, 79992
1987, of a current department of job and family services toll-free 79993
telephone number on each center provisional license or license 79994
which any person may use to report a suspected violation by the 79995
center of this chapter or rules adopted pursuant to this chapter;79996

       (15) Requirements for the training of administrators and 79997
child-care staff members in first aid, in prevention, recognition, 79998
and management of communicable diseases, and in child abuse 79999
recognition and prevention. Training requirements for child 80000
day-care centers adopted under this division shall be consistent 80001
with divisions (B)(6) and (C)(1) of this section.80002

       (16) Procedures to be used by licensees for checking the 80003
references of potential employees of centers and procedures to be 80004
used by the director for checking the references of applicants for 80005
licenses to operate centers;80006

       (17) Standards providing for the special needs of children 80007
who are handicapped or who require treatment for health conditions 80008
while the child is receiving child care or publicly funded child 80009
care in the center;80010

       (18)(17) A procedure for reporting of injuries of children 80011
that occur at the center;80012

       (19)(18) Any other procedures and standards necessary to 80013
carry out this chapter.80014

       (B)(1) The child day-care center shall have, for each child 80015
for whom the center is licensed, at least thirty-five square feet 80016
of usable indoor floor space wall-to-wall regularly available for 80017
the child care operation exclusive of any parts of the structure 80018
in which the care of children is prohibited by law or by rules 80019
adopted by the board of building standards. The minimum of 80020
thirty-five square feet of usable indoor floor space shall not 80021
include hallways, kitchens, storage areas, or any other areas that 80022
are not available for the care of children, as determined by the 80023
director, in meeting the space requirement of this division, and 80024
bathrooms shall be counted in determining square footage only if 80025
they are used exclusively by children enrolled in the center, 80026
except that the exclusion of hallways, kitchens, storage areas, 80027
bathrooms not used exclusively by children enrolled in the center, 80028
and any other areas not available for the care of children from 80029
the minimum of thirty-five square feet of usable indoor floor 80030
space shall not apply to:80031

       (a) Centers licensed prior to or on September 1, 1986, that 80032
continue under licensure after that date;80033

       (b) Centers licensed prior to or on September 1, 1986, that 80034
are issued a new license after that date solely due to a change of 80035
ownership of the center.80036

       (2) The child day-care center shall have on the site a safe 80037
outdoor play space which is enclosed by a fence or otherwise 80038
protected from traffic or other hazards. The play space shall 80039
contain not less than sixty square feet per child using such space 80040
at any one time, and shall provide an opportunity for supervised 80041
outdoor play each day in suitable weather. The director may exempt 80042
a center from the requirement of this division, if an outdoor play 80043
space is not available and if all of the following are met:80044

       (a) The center provides an indoor recreation area that has 80045
not less than sixty square feet per child using the space at any 80046
one time, that has a minimum of one thousand four hundred forty 80047
square feet of space, and that is separate from the indoor space 80048
required under division (B)(1) of this section.80049

       (b) The director has determined that there is regularly 80050
available and scheduled for use a conveniently accessible and safe 80051
park, playground, or similar outdoor play area for play or 80052
recreation.80053

       (c) The children are closely supervised during play and while 80054
traveling to and from the area.80055

       The director also shall exempt from the requirement of this 80056
division a child day-care center that was licensed prior to 80057
September 1, 1986, if the center received approval from the 80058
director prior to September 1, 1986, to use a park, playground, or 80059
similar area, not connected with the center, for play or 80060
recreation in lieu of the outdoor space requirements of this 80061
section and if the children are closely supervised both during 80062
play and while traveling to and from the area and except if the 80063
director determines upon investigation and inspection pursuant to 80064
section 5104.04 of the Revised Code and rules adopted pursuant to 80065
that section that the park, playground, or similar area, as well 80066
as access to and from the area, is unsafe for the children.80067

       (3) The child day-care center shall have at least two 80068
responsible adults available on the premises at all times when 80069
seven or more children are in the center. The center shall 80070
organize the children in the center in small groups, shall provide 80071
child-care staff to give continuity of care and supervision to the 80072
children on a day-by-day basis, and shall ensure that no child is 80073
left alone or unsupervised. Except as otherwise provided in 80074
division (E) of this section, the maximum number of children per 80075
child-care staff member and maximum group size, by age category of 80076
children, are as follows:80077

Maximum Number of 80078
Children Per Maximum 80079
Age Category Child-Care Group 80080
of Children Staff Member Size 80081
(a) Infants: 80082
(i) Less than twelve 80083
months old 5:1, or 80084
12:2 if two 80085
child-care 80086
staff members 80087
are in the room 12 80088
(ii) At least twelve 80089
months old, but 80090
less than eighteen 80091
months old 6:1 12 80092
(b) Toddlers: 80093
(i) At least eighteen 80094
months old, but 80095
less than thirty 80096
months old 7:1 14 80097
(ii) At least thirty months 80098
old, but less than 80099
three years old 8:1 16 80100
(c) Preschool 80101
children: 80102
(i) Three years old 12:1 24 80103
(ii) Four years old and 80104
five years old who 80105
are not school 80106
children 14:1 28 80107
(d) School children: 80108
(i) A child who is 80109
enrolled in or is 80110
eligible to be 80111
enrolled in a grade 80112
of kindergarten 80113
or above, but 80114
is less than 80115
eleven years old 18:1 36 80116
(ii) Eleven through fourteen 80117
years old 20:1 40 80118

       Except as otherwise provided in division (E) of this section, 80119
the maximum number of children per child-care staff member and 80120
maximum group size requirements of the younger age group shall 80121
apply when age groups are combined.80122

       (4)(a) The child day-care center administrator shall show the 80123
director both of the following:80124

       (i) Evidence of at least high school graduation or 80125
certification of high school equivalency by the state board of 80126
education or the appropriate agency of another state;80127

       (ii) Evidence of having completed at least two years of 80128
training in an accredited college, university, or technical 80129
college, including courses in child development or early childhood 80130
education, or at least two years of experience in supervising and 80131
giving daily care to children attending an organized group 80132
program, or the equivalent based on a designation as an "early 80133
childhood professional level three" under the career pathways 80134
model of the quality-rating program established under section 80135
5104.30 of the Revised Code.80136

       (b) In addition to the requirements of division (B)(4)(a) of 80137
this section and except as provided in division (B)(4)(c) of this 80138
section, any administrator employed or designated on or after 80139
September 1, 1986,as such prior to the effective date of this 80140
section, as amended, shall show evidence of, and any administrator 80141
employed or designated prior to September 1, 1986, shall show 80142
evidenceat least one of the following within six years after such80143
the date of, at least one of the followingemployment or 80144
designation:80145

       (i) Two years of experience working as a child-care staff 80146
member in a center and at least four courses in child development 80147
or early childhood education from an accredited college, 80148
university, or technical college, except that a person who has two 80149
years of experience working as a child-care staff member in a 80150
particular center and who has been promoted to or designated as 80151
administrator of that center shall have one year from the time the 80152
person was promoted to or designated as administrator to complete 80153
the required four courses;80154

       (ii) Two years of training, including at least four courses 80155
in child development or early childhood education from an 80156
accredited college, university, or technical college;80157

       (iii) A child development associate credential issued by the 80158
national child development associate credentialing commission;80159

       (iv) An associate or higher degree in child development or 80160
early childhood education from an accredited college, technical 80161
college, or university, or a license designated for teaching in an 80162
associate teaching position in a preschool setting issued by the 80163
state board of education.80164

       (c) For the purposes of division (B)(4)(b) of this section, 80165
any administrator employed or designated as such prior to the 80166
effective date of this section, as amended, may also show evidence 80167
of an administrator's credential as approved by the department of 80168
job and family services in lieu of, or in addition to, the 80169
evidence required under division (B)(4)(b) of this section. The 80170
evidence of an administrator's credential must be shown to the 80171
director not later than one year after the date of employment or 80172
designation. 80173

       (d) In addition to the requirements of division (B)(4)(a) of 80174
this section, any administrator employed or designated as such on 80175
or after the effective date of this section, as amended, shall 80176
show evidence of at least one of the following not later than one 80177
year after the date of employment or designation:80178

       (i) Two years of experience working as a child-care staff 80179
member in a center and at least four courses in child development 80180
or early childhood education from an accredited college, 80181
university, or technical college, except that a person who has two 80182
years of experience working as a child-care staff member in a 80183
particular center and who has been promoted to or designated as 80184
administrator of that center shall have one year from the time the 80185
person was promoted to or designated as administrator to complete 80186
the required four courses;80187

       (ii) Two years of training, including at least four courses 80188
in child development or early childhood education from an 80189
accredited college, university, or technical college;80190

       (iii) A child development associate credential issued by the 80191
national child development associate credentialing commission;80192

       (iv) An associate or higher degree in child development or 80193
early childhood education from an accredited college, technical 80194
college, or university, or a license designated for teaching in an 80195
associate teaching position in a preschool setting issued by the 80196
state board of education;80197

       (v) An administrator's credential as approved by the 80198
department of job and family services.80199

       (5) All child-care staff members of a child day-care center 80200
shall be at least eighteen years of age, and shall furnish the 80201
director evidence of at least high school graduation or 80202
certification of high school equivalency by the state board of 80203
education or the appropriate agency of another state or evidence 80204
of completion of a training program approved by the department of 80205
job and family services or state board of education, except as 80206
follows:80207

       (a) A child-care staff member may be less than eighteen years 80208
of age if the staff member is either of the following:80209

       (i) A graduate of a two-year vocational child-care training 80210
program approved by the state board of education;80211

       (ii) A student enrolled in the second year of a vocational 80212
child-care training program approved by the state board of 80213
education which leads to high school graduation, provided that the 80214
student performs the student's duties in the child day-care center 80215
under the continuous supervision of an experienced child-care 80216
staff member, receives periodic supervision from the vocational 80217
child-care training program teacher-coordinator in the student's 80218
high school, and meets all other requirements of this chapter and 80219
rules adopted pursuant to this chapter.80220

       (b) A child-care staff member shall be exempt from the 80221
educational requirements of this division if the staff member:80222

       (i) Prior to January 1, 1972, was employed or designated by a 80223
child day-care center and has been continuously employed since 80224
either by the same child day-care center employer or at the same 80225
child day-care center; or80226

       (ii) Is a student enrolled in the second year of a vocational 80227
child-care training program approved by the state board of 80228
education which leads to high school graduation, provided that the 80229
student performs the student's duties in the child day-care center 80230
under the continuous supervision of an experienced child-care 80231
staff member, receives periodic supervision from the vocational 80232
child-care training program teacher-coordinator in the student's 80233
high school, and meets all other requirements of this chapter and 80234
rules adopted pursuant to this chapter;80235

       (iii) Is receiving or has completed the final year of 80236
instruction at home as authorized under section 3321.04 of the 80237
Revised Code or has graduated from a nonchartered, nonpublic 80238
school in Ohio.80239

       (6) Every child care staff member of a child day-care center 80240
annually shall complete fifteen hours of inservice training in 80241
child development or early childhood education, child abuse 80242
recognition and prevention, first aid, and in prevention, 80243
recognition, and management of communicable diseases, until a 80244
total of forty-five hours of training has been completed, unless 80245
the staff member furnishes one of the following to the director:80246

       (a) Evidence of an associate or higher degree in child 80247
development or early childhood education from an accredited 80248
college, university, or technical college;80249

       (b) A license designated for teaching in an associate 80250
teaching position in a preschool setting issued by the state board 80251
of education;80252

       (c) Evidence of a child development associate credential;80253

       (d) Evidence of a preprimary credential from the American 80254
Montessori society or the association Montessori internationale. 80255
For the purposes of division (B)(6) of this section, "hour" means 80256
sixty minutes.80257

       (7) The administrator of each child day-care center shall 80258
prepare at least once annually and for each group of children at 80259
the center a roster of names and telephone numbers of parents, 80260
custodians, or guardians of each group of children attending the 80261
center and upon request shall furnish the roster for each group to 80262
the parents, custodians, or guardians of the children in that 80263
group. The administrator may prepare a roster of names and 80264
telephone numbers of all parents, custodians, or guardians of 80265
children attending the center and upon request shall furnish the 80266
roster to the parents, custodians, or guardians of the children 80267
who attend the center. The administrator shall not include in any 80268
roster the name or telephone number of any parent, custodian, or 80269
guardian who requests the administrator not to include the 80270
parent's, custodian's, or guardian's name or number and shall not 80271
furnish any roster to any person other than a parent, custodian, 80272
or guardian of a child who attends the center.80273

       (C)(1) Each child day-care center shall have on the center 80274
premises and readily available at all times at least one 80275
child-care staff member who has completed a course in first aid80276
and, one staff member who has completed a course in prevention, 80277
recognition, and management of communicable diseases which is 80278
approved by the state department of health, and a staff member who 80279
has completed a course in child abuse recognition and prevention 80280
training which is approved by the department of job and family 80281
services.80282

       (2) The administrator of each child day-care center shall 80283
maintain enrollment, health, and attendance records for all 80284
children attending the center and health and employment records 80285
for all center employees. The records shall be confidential,80286
except as otherwise provided in division (B)(7) of this section 80287
and except that they shall be disclosed by the administrator to 80288
the director upon request for the purpose of administering and 80289
enforcing this chapter and rules adopted pursuant to this chapter. 80290
Neither the center nor the licensee, administrator, or employees 80291
of the center shall be civilly or criminally liable in damages or 80292
otherwise for records disclosed to the director by the 80293
administrator pursuant to this division. It shall be a defense to 80294
any civil or criminal charge based upon records disclosed by the 80295
administrator to the director that the records were disclosed 80296
pursuant to this division.80297

       (3)(a) Any parent who is the residential parent and legal 80298
custodian of a child enrolled in a child day-care center and any 80299
custodian or guardian of such a child shall be permitted unlimited 80300
access to the center during its hours of operation for the 80301
purposes of contacting their children, evaluating the care 80302
provided by the center, evaluating the premises of the center, or 80303
for other purposes approved by the director. A parent of a child 80304
enrolled in a child day-care center who is not the child's 80305
residential parent shall be permitted unlimited access to the 80306
center during its hours of operation for those purposes under the 80307
same terms and conditions under which the residential parent of 80308
that child is permitted access to the center for those purposes. 80309
However, the access of the parent who is not the residential 80310
parent is subject to any agreement between the parents and, to the 80311
extent described in division (C)(3)(b) of this section, is subject 80312
to any terms and conditions limiting the right of access of the 80313
parent who is not the residential parent, as described in division 80314
(I) of section 3109.051 of the Revised Code, that are contained in 80315
a parenting time order or decree issued under that section, 80316
section 3109.12 of the Revised Code, or any other provision of the 80317
Revised Code.80318

       (b) If a parent who is the residential parent of a child has 80319
presented the administrator or the administrator's designee with a 80320
copy of a parenting time order that limits the terms and 80321
conditions under which the parent who is not the residential 80322
parent is to have access to the center, as described in division 80323
(I) of section 3109.051 of the Revised Code, the parent who is not 80324
the residential parent shall be provided access to the center only 80325
to the extent authorized in the order. If the residential parent 80326
has presented such an order, the parent who is not the residential 80327
parent shall be permitted access to the center only in accordance 80328
with the most recent order that has been presented to the 80329
administrator or the administrator's designee by the residential 80330
parent or the parent who is not the residential parent.80331

       (c) Upon entering the premises pursuant to division (C)(3)(a) 80332
or (b) of this section, the parent who is the residential parent 80333
and legal custodian, the parent who is not the residential parent, 80334
or the custodian or guardian shall notify the administrator or the 80335
administrator's designee of the parent's, custodian's, or 80336
guardian's presence.80337

       (D) The director of job and family services, in addition to 80338
the rules adopted under division (A) of this section, shall adopt 80339
rules establishing minimum requirements for child day-care 80340
centers. The rules shall include, but not be limited to, the 80341
requirements set forth in divisions (B) and (C) of this section. 80342
Except as provided in section 5104.07 of the Revised Code, the 80343
rules shall not change the square footage requirements of division 80344
(B)(1) or (2) of this section; the maximum number of children per 80345
child-care staff member and maximum group size requirements of 80346
division (B)(3) of this section; the educational and experience 80347
requirements of division (B)(4) of this section; the age, 80348
educational, and experience requirements of division (B)(5) of 80349
this section; the number and type of inservice training hours 80350
required under division (B)(6) of this section; or the requirement 80351
for at least annual preparation of a roster for each group of 80352
children of names and telephone numbers of parents, custodians, or 80353
guardians of each group of children attending the center that must 80354
be furnished upon request to any parent, custodian, or guardian of 80355
any child in that group required under division (B)(7) of this 80356
section; however, the rules shall provide procedures for 80357
determining compliance with those requirements.80358

       (E)(1) When age groups are combined, the maximum number of 80359
children per child-care staff member shall be determined by the 80360
age of the youngest child in the group, except that when no more 80361
than one child thirty months of age or older receives services in 80362
a group in which all the other children are in the next older age 80363
group, the maximum number of children per child-care staff member 80364
and maximum group size requirements of the older age group 80365
established under division (B)(3) of this section shall apply.80366

       (2) The maximum number of toddlers or preschool children per 80367
child-care staff member in a room where children are napping shall 80368
be twice the maximum number of children per child-care staff 80369
member established under division (B)(3) of this section if all 80370
the following criteria are met:80371

       (a) At least one child-care staff member is present in the 80372
room.80373

       (b) Sufficient child-care staff members are on the child 80374
day-care center premises to meet the maximum number of children 80375
per child-care staff member requirements established under 80376
division (B)(3) of this section.80377

       (c) Naptime preparations are complete and all napping 80378
children are resting or sleeping on cots.80379

       (d) The maximum number established under division (E)(2) of 80380
this section is in effect for no more than one and one-halftwo80381
hours during a twenty-four-hour day.80382

       (F) The director of job and family services shall adopt rules 80383
pursuant to Chapter 119. of the Revised Code governing the 80384
operation of type A family day-care homes, including, but not 80385
limited to, parent cooperative type A homes, part-time type A 80386
homes, drop-in type A homes, and school child type A homes, which 80387
shall reflect the various forms of child care and the needs of 80388
children receiving child care. The rules shall include the 80389
following:80390

       (1) Submission of a site plan and descriptive plan of 80391
operation to demonstrate how the type A home proposes to meet the 80392
requirements of this chapter and rules adopted pursuant to this 80393
chapter for the initial license application;80394

       (2) Standards for ensuring that the physical surroundings of 80395
the type A home are safe and sanitary, including, but not limited 80396
to, the physical environment, the physical plant, and the 80397
equipment of the type A home;80398

       (3) Standards for the supervision, care, and discipline of 80399
children receiving child care or publicly funded child care in the 80400
type A home;80401

       (4) Standards for a program of activities, and for play 80402
equipment, materials, and supplies, to enhance the development of 80403
each child; however, any educational curricula, philosophies, and 80404
methodologies that are developmentally appropriate and that 80405
enhance the social, emotional, intellectual, and physical 80406
development of each child shall be permissible;80407

       (5) Admissions policies and procedures, health care policies 80408
and procedures, including, but not limited to, procedures for the 80409
isolation of children with communicable diseases, first aid and 80410
emergency procedures, procedures for discipline and supervision of 80411
children, standards for the provision of nutritious meals and 80412
snacks, and procedures for screening children and employees, 80413
including, but not limited to, any necessary physical examinations 80414
and immunizations;80415

       (6) Methods for encouraging parental participation in the 80416
type A home and methods for ensuring that the rights of children, 80417
parents, and employees are protected and that the responsibilities 80418
of parents and employees are met;80419

       (7) Procedures for ensuring the safety and adequate 80420
supervision of children traveling off the premises of the type A 80421
home while under the care of a type A home employee;80422

       (8) Procedures for record keeping, organization, and 80423
administration;80424

       (9) Procedures for issuing, renewing, denying, and revoking a 80425
license that are not otherwise provided for in Chapter 119. of the 80426
Revised Code;80427

       (10) Inspection procedures;80428

       (11) Procedures and standards for setting initial and renewal80429
license application fees;80430

       (12) Procedures for receiving, recording, and responding to 80431
complaints about type A homes;80432

       (13) Procedures for enforcing section 5104.04 of the Revised 80433
Code;80434

       (14) A standard requiring the inclusion, on or after July 1, 80435
1987, of a current department of job and family services toll-free 80436
telephone number on each type A home provisional license or 80437
license which any person may use to report a suspected violation 80438
by the type A home of this chapter or rules adopted pursuant to80439
this chapter;80440

       (15) Requirements for the training of administrators and 80441
child-care staff members in first aid, in prevention, recognition, 80442
and management of communicable diseases, and in child abuse 80443
recognition and prevention;80444

       (16) Procedures to be used by licensees for checking the 80445
references of potential employees of type A homes and procedures 80446
to be used by the director for checking the references of 80447
applicants for licenses to operate type A homes;80448

       (17) Standards providing for the special needs of children 80449
who are handicapped or who require treatment for health conditions 80450
while the child is receiving child care or publicly funded child 80451
care in the type A home;80452

       (18)(17) Standards for the maximum number of children per 80453
child-care staff member;80454

       (19)(18) Requirements for the amount of usable indoor floor 80455
space for each child;80456

       (20)(19) Requirements for safe outdoor play space;80457

       (21)(20) Qualifications and training requirements for 80458
administrators and for child-care staff members;80459

       (22)(21) Procedures for granting a parent who is the 80460
residential parent and legal custodian, or a custodian or guardian 80461
access to the type A home during its hours of operation;80462

       (23)(22) Standards for the preparation and distribution of a 80463
roster of parents, custodians, and guardians;80464

       (24)(23) Any other procedures and standards necessary to 80465
carry out this chapter.80466

       (G) The director of job and family services shall adopt rules 80467
pursuant to Chapter 119. of the Revised Code governing the 80468
certification of type B family day-care homes.80469

       (1) The rules shall include all of the following:80470

       (a) Procedures, standards, and other necessary provisions for 80471
granting limited certification to type B family day-care homes 80472
that are operated by the following adult providers:80473

       (i) Persons who provide child care for eligible children who 80474
are great-grandchildren, grandchildren, nieces, nephews, or 80475
siblings of the provider or for eligible children whose caretaker 80476
parent is a grandchild, child, niece, nephew, or sibling of the 80477
provider;80478

       (ii) Persons who provide child care for eligible children all 80479
of whom are the children of the same caretaker parent;80480

        (b) Procedures for the director to ensure, that type B homes 80481
that receive a limited certification provide child care to 80482
children in a safe and sanitary manner;80483

       (c) Requirements for the type B home to notify parents with 80484
children in the type B home that the type B home is also certified 80485
as a foster home under section 5103.03 of the Revised Code. 80486

       With regard to providers who apply for limited certification, 80487
a provider shall be granted a provisional limited certification on 80488
signing a declaration under oath attesting that the provider meets 80489
the standards for limited certification. Such provisional limited 80490
certifications shall remain in effect for no more than sixty 80491
calendar days and shall entitle the provider to offer publicly 80492
funded child care during the provisional period. Except as 80493
otherwise provided in division (G)(1) of this section, section 80494
5104.013 or 5104.09 of the Revised Code, or division (A)(2) of 80495
section 5104.11 of the Revised Code, prior to the expiration of 80496
the provisional limited certificate, a county department of job 80497
and family services shall inspect the home and shall grant limited 80498
certification to the provider if the provider meets the 80499
requirements of this division. Limited certificates remain valid 80500
for two years unless earlier revoked. Except as otherwise provided 80501
in division (G)(1) of this section, providers operating under 80502
limited certification shall be inspected annually.80503

       If a provider is a person described in division (G)(1)(a)(i) 80504
of this section or a person described in division (G)(1)(a)(ii) of 80505
this section who is a friend of the caretaker parent, the provider 80506
and the caretaker parent may verify in writing to the county 80507
department of job and family services that minimum health and 80508
safety requirements are being met in the home. Except as otherwise 80509
provided in section 5104.013 or 5104.09 or in division (A)(2) of 80510
section 5104.11 of the Revised Code, if such verification is 80511
provided, the county shall waive any inspection required by this 80512
chapter and grant limited certification to the provider.80513

       (2) The rules shall provide for safeguarding the health, 80514
safety, and welfare of children receiving child care or publicly 80515
funded child care in a certified type B home and shall include the 80516
following:80517

       (a) Standards for ensuring that the type B home and the 80518
physical surroundings of the type B home are safe and sanitary, 80519
including, but not limited to, physical environment, physical 80520
plant, and equipment;80521

       (b) Standards for the supervision, care, and discipline of 80522
children receiving child care or publicly funded child care in the 80523
home;80524

       (c) Standards for a program of activities, and for play 80525
equipment, materials, and supplies to enhance the development of 80526
each child; however, any educational curricula, philosophies, and 80527
methodologies that are developmentally appropriate and that 80528
enhance the social, emotional, intellectual, and physical 80529
development of each child shall be permissible;80530

       (d) Admission policies and procedures, health care, first aid 80531
and emergency procedures, procedures for the care of sick 80532
children, procedures for discipline and supervision of children, 80533
nutritional standards, and procedures for screening children and 80534
authorized providers, including, but not limited to, any necessary 80535
physical examinations and immunizations;80536

       (e) Methods of encouraging parental participation and 80537
ensuring that the rights of children, parents, and authorized 80538
providers are protected and the responsibilities of parents and 80539
authorized providers are met;80540

       (f) Standards for the safe transport of children when under 80541
the care of authorized providers;80542

       (g) Procedures for issuing, renewing, denying, refusing to 80543
renew, or revoking certificates;80544

       (h) Procedures for the inspection of type B homes that 80545
require, at a minimum, that each type B home be inspected prior to 80546
certification to ensure that the home is safe and sanitary;80547

       (i) Procedures for record keeping and evaluation;80548

       (j) Procedures for receiving, recording, and responding to 80549
complaints;80550

       (k) Standards providing for the special needs of children who 80551
are handicapped or who receive treatment for health conditions 80552
while the child is receiving child care or publicly funded child 80553
care in the type B home;80554

       (l) Requirements for the amount of usable indoor floor space 80555
for each child;80556

       (m) Requirements for safe outdoor play space;80557

       (n) Qualification and training requirements for authorized 80558
providers;80559

       (o) Procedures for granting a parent who is the residential 80560
parent and legal custodian, or a custodian or guardian access to 80561
the type B home during its hours of operation;80562

       (p) Requirements for the type B home to notify parents with 80563
children in the type B home that the type B home is also certified 80564
as a foster home under section 5103.03 of the Revised Code;80565

       (q) Any other procedures and standards necessary to carry out 80566
this chapter.80567

       (H) The director shall adopt rules pursuant to Chapter 119. 80568
of the Revised Code governing the certification of in-home aides. 80569
The rules shall include procedures, standards, and other necessary 80570
provisions for granting limited certification to in-home aides who 80571
provide child care for eligible children who are 80572
great-grandchildren, grandchildren, nieces, nephews, or siblings 80573
of the in-home aide or for eligible children whose caretaker 80574
parent is a grandchild, child, niece, nephew, or sibling of the 80575
in-home aide. The rules shall require, and shall include 80576
procedures for the director to ensure, that in-home aides that 80577
receive a limited certification provide child care to children in 80578
a safe and sanitary manner. The rules shall provide for 80579
safeguarding the health, safety, and welfare of children receiving 80580
publicly funded child care in their own home and shall include the 80581
following:80582

       (1) Standards for ensuring that the child's home and the 80583
physical surroundings of the child's home are safe and sanitary, 80584
including, but not limited to, physical environment, physical 80585
plant, and equipment;80586

       (2) Standards for the supervision, care, and discipline of 80587
children receiving publicly funded child care in their own home;80588

       (3) Standards for a program of activities, and for play 80589
equipment, materials, and supplies to enhance the development of 80590
each child; however, any educational curricula, philosophies, and 80591
methodologies that are developmentally appropriate and that 80592
enhance the social, emotional, intellectual, and physical 80593
development of each child shall be permissible;80594

       (4) Health care, first aid, and emergency procedures, 80595
procedures for the care of sick children, procedures for 80596
discipline and supervision of children, nutritional standards, and 80597
procedures for screening children and in-home aides, including, 80598
but not limited to, any necessary physical examinations and 80599
immunizations;80600

       (5) Methods of encouraging parental participation and 80601
ensuring that the rights of children, parents, and in-home aides 80602
are protected and the responsibilities of parents and in-home 80603
aides are met;80604

       (6) Standards for the safe transport of children when under 80605
the care of in-home aides;80606

       (7) Procedures for issuing, renewing, denying, refusing to 80607
renew, or revoking certificates;80608

       (8) Procedures for inspection of homes of children receiving 80609
publicly funded child care in their own homes;80610

       (9) Procedures for record keeping and evaluation;80611

       (10) Procedures for receiving, recording, and responding to 80612
complaints;80613

       (11) Qualifications and training requirements for in-home 80614
aides;80615

       (12) Standards providing for the special needs of children 80616
who are handicapped or who receive treatment for health conditions 80617
while the child is receiving publicly funded child care in the 80618
child's own home;80619

       (13) Any other procedures and standards necessary to carry 80620
out this chapter.80621

       (I) To the extent that any rules adopted for the purposes of 80622
this section require a health care professional to perform a 80623
physical examination, the rules shall include as a health care 80624
professional a physician assistant, a clinical nurse specialist, a 80625
certified nurse practitioner, or a certified nurse-midwife.80626

       (J)(1) The director of job and family services shall do all 80627
of the following:80628

       (a) Provide or make available in either paper or electronic 80629
form to each licensee notice of proposed rules governing the 80630
licensure of child day-care centers and type A homes;80631

       (b) Give public notice of hearings regarding the rules to 80632
each licensee at least thirty days prior to the date of the public 80633
hearing, in accordance with section 119.03 of the Revised Code;80634

       (c) At least thirty days before the effective date of a rule, 80635
provide, in either paper or electronic form, a copy of the adopted 80636
rule to each licensee.80637

       (2) The director shall do all of the following:80638

       (a) Send to each county director of job and family services a 80639
notice of proposed rules governing the certification of type B 80640
family homes and in-home aides that includes an internet web site 80641
address where the proposed rules can be viewed;80642

       (b) Give public notice of hearings regarding the proposed 80643
rules not less than thirty days in advance;80644

       (c) Provide to each county director of job and family 80645
services an electronic copy of each adopted rule at least 80646
forty-five days prior to the rule's effective date.80647

       (3) The county director of job and family services shall 80648
provide or make available in either paper or electronic form to 80649
each authorized provider and in-home aide copies of proposed rules 80650
and shall give public notice of hearings regarding the rules to 80651
each authorized provider and in-home aide at least thirty days 80652
prior to the date of the public hearing, in accordance with 80653
section 119.03 of the Revised Code. At least thirty days before 80654
the effective date of a rule, the county director of job and 80655
family services shall provide, in either paper or electronic form, 80656
copies of the adopted rule to each authorized provider and in-home 80657
aide.80658

       (4) Additional copies of proposed and adopted rules shall be 80659
made available by the director of job and family services to the 80660
public on request at no charge.80661

       (5) The director of job and family services shall recommend 80662
standardsmay adopt rules pursuant to Chapter 119. of the Revised 80663
Code for imposing sanctions on persons and entities that are 80664
licensed or certified under this chapter and that violate any 80665
provision of this chapter. The standardssanctions shall be based 80666
on the scope and severity of the violations. The director shall 80667
provide copies of the recommendations to the governor, the speaker 80668
and minority leader of the house of representatives, and the 80669
president and minority leader of the senate and, on request, shall 80670
make copies available to the public.80671

       (6)Sanctions adopted under division (J)(5) of this section 80672
may be imposed only for a serious risk noncompliance violation of 80673
licensure or certification standards. Sanctions for a serious risk 80674
noncompliance violation identified in a single licensure or 80675
certification visit that does not result in permanent harm to, or 80676
death of, a child may include one or more of the following:80677

       (a) Completion of training or technical assistance;80678

       (b) Additional targeted monitoring or extension of a 80679
provisional license or certification if applicable. 80680

       For the purposes of division (J)(5) of this section, "serious 80681
risk noncompliance violation" means a licensure or certification 80682
standard violation that leads to the greatest risk of permanent 80683
harm to, or death of, a child and is observable, not inferable.80684

       (6) The director of job and family services shall adopt rules 80685
pursuant to Chapter 119. of the Revised Code establishing 80686
incentives for persons and entities that are licensed or certified 80687
under this chapter and have a history of substantial compliance 80688
with licensure or certification standards. Incentives shall 80689
include, but not be limited to, less frequent or focused licensure 80690
or certification visits, participation in the quality-rating 80691
program established under section 5104.30 of the Revised Code, and 80692
scholarships for training.80693

       (7) The director of job and family services shall adopt rules 80694
pursuant to Chapter 119. of the Revised Code that establish 80695
standards for the training of individuals whom any county 80696
department of job and family services employs, with whom any 80697
county department of job and family services contracts, or with 80698
whom the director of job and family services contracts, to inspect 80699
or investigate type B family day-care homes pursuant to section 80700
5104.11 of the Revised Code. The department shall provide training 80701
in accordance with those standards for individuals in the 80702
categories described in this division.80703

       (K) The director of job and family services shall review all 80704
rules adopted pursuant to this chapter at least once every seven 80705
years.80706

       (L) Notwithstanding any provision of the Revised Code, the 80707
director of job and family services shall not regulate in any way 80708
under this chapter or rules adopted pursuant to this chapter, 80709
instruction in religious or moral doctrines, beliefs, or values.80710

       Sec. 5104.04.  (A) The department of job and family services 80711
shall establish procedures to be followed in investigating, 80712
inspecting, and licensing child day-care centers and type A family 80713
day-care homes.80714

       (B)(1)(a) The department shall, at least once during every 80715
twelve-month period of operation of a center or type A home, 80716
inspect the center or type A home. The department shall inspect a 80717
part-time center or part-time type A home at least once during 80718
every twelve-month period of operation. The department shall 80719
provide a written inspection report to the licensee within a 80720
reasonable time after each inspection. The licensee shall display 80721
all written reports of inspections conducted during the current 80722
licensing period in a conspicuous place in the center or type A 80723
home.80724

        Inspections may be unannounced. No person, firm, 80725
organization, institution, or agency shall interfere with the 80726
inspection of a center or type A home by any state or local 80727
official engaged in performing duties required of the state or 80728
local official by Chapter 5104. of the Revised Code or rules 80729
adopted pursuant to Chapter 5104. of the Revised Code, including 80730
inspecting the center or type A home, reviewing records, or 80731
interviewing licensees, employees, children, or parents.80732

       (b) Upon receipt of any complaint that a center or type A 80733
home is out of compliance with the requirements of Chapter 5104. 80734
of the Revised Code or rules adopted pursuant to Chapter 5104. of 80735
the Revised Code, the department shall investigate the center or 80736
home, and both of the following apply:80737

       (i) If the complaint alleges that a child suffered physical 80738
harm while receiving child care at the center or home or that the 80739
noncompliance alleged in the complaint involved, resulted in, or 80740
poses a substantial risk of physical harm to a child receiving 80741
child care at the center or home, the department shall inspect the 80742
center or home.80743

       (ii) If division (B)(1)(b)(i) of this section does not apply 80744
regarding the complaint, the department may inspect the center or 80745
home.80746

       (c) Division (B)(1)(b) of this section does not limit, 80747
restrict, or negate any duty of the department to inspect a center 80748
or type A home that otherwise is imposed under this section, or 80749
any authority of the department to inspect a center or type A home 80750
that otherwise is granted under this section when the department 80751
believes the inspection is necessary and it is permitted under the 80752
grant.80753

       (2) If the department implements an instrument-based program 80754
monitoring information system, it may use an indicator checklist 80755
to comply with division (B)(1) of this section.80756

       (3) The department shall contract with a third party by the 80757
first day of October in each even-numbered year to collect 80758
information concerning the amounts charged by the center or home 80759
for providing child care services for use in establishing 80760
reimbursement ceilings and payment pursuant to section 5104.30 of 80761
the Revised Code. The third party shall compile the information 80762
and report the results of the survey to the department not later 80763
than the first day of December in each even-numbered year.80764

       (C) In the event a licensed center or type A home is 80765
determined to be out of compliance with the requirements of 80766
Chapter 5104. of the Revised Code or rules adopted pursuant to 80767
Chapter 5104. of the Revised Code, the department shall notify the 80768
licensee of the center or type A home in writing regarding the 80769
nature of the violation, what must be done to correct the 80770
violation, and by what date the correction must be made. If the 80771
correction is not made by the date established by the department, 80772
the department may commence action under Chapter 119. of the 80773
Revised Code to revoke the license. The department's commencement 80774
of an action to revoke the license is sufficient notice that the 80775
correction has not been made, and no other notice regarding the 80776
correction is required.80777

       (D) The department may deny an application or revoke a 80778
license, or refuse to renew a license of a center or type A home, 80779
if the applicant knowingly makes a false statement on the 80780
application, the center or home does not comply with the 80781
requirements of Chapter 5104. or rules adopted pursuant to Chapter 80782
5104. of the Revised Code, or the applicant or owner has pleaded 80783
guilty to or been convicted of an offense described in section 80784
5104.09 of the Revised Code.80785

       (E)(D) If the department finds, after notice and hearing 80786
pursuant to Chapter 119. of the Revised Code, that any applicant,80787
person, firm, organization, institution, or agency applying for 80788
licensure or licensed under section 5104.03 of the Revised Code is 80789
in violation of any provision of Chapter 5104. of the Revised Code 80790
or rules adopted pursuant to Chapter 5104. of the Revised Code, 80791
the department may issue an order of denial to the applicant or an 80792
order of revocation to the center or type A home revoking the 80793
license previously issued by the department. Upon the issuance of80794
anysuch an order of revocation, the person whose application is 80795
denied or whose license is revoked may appeal in accordance with 80796
section 119.12 of the Revised Code.80797

       (F)(E) The surrender of a center or type A home license to 80798
the department or the withdrawal of an application for licensure 80799
by the owner or administrator of the center or type A home shall 80800
not prohibit the department from instituting any of the actions 80801
set forth in this section.80802

       (G)(F) Whenever the department receives a complaint, is 80803
advised, or otherwise has any reason to believe that a center or 80804
type A home is providing child care without a license issued or 80805
renewed pursuant to section 5104.03 and is not exempt from 80806
licensing pursuant to section 5104.02 of the Revised Code, the 80807
department shall investigate the center or type A home and may 80808
inspect the areas children have access to or areas necessary for 80809
the care of children in the center or type A home during suspected 80810
hours of operation to determine whether the center or type A home 80811
is subject to the requirements of Chapter 5104. or rules adopted 80812
pursuant to Chapter 5104. of the Revised Code.80813

       (H)(G) The department, upon determining that the center or 80814
type A home is operating without a license, shall notify the 80815
attorney general, the prosecuting attorney of the county in which 80816
the center or type A home is located, or the city attorney, 80817
village solicitor, or other chief legal officer of the municipal 80818
corporation in which the center or type A home is located, that 80819
the center or type A home is operating without a license. Upon 80820
receipt of the notification, the attorney general, prosecuting 80821
attorney, city attorney, village solicitor, or other chief legal 80822
officer of a municipal corporation shall file a complaint in the 80823
court of common pleas of the county in which the center or type A 80824
home is located requesting that the court grant an order enjoining 80825
the owner from operating the center or type A home in violation of 80826
section 5104.02 of the Revised Code. The court shall grant such 80827
injunctive relief upon a showing that the respondent named in the 80828
complaint is operating a center or type A home and is doing so 80829
without a license.80830

       (I)(H) The department shall prepare an annual report on 80831
inspections conducted under this section. The report shall include 80832
the number of inspections conducted, the number and types of 80833
violations found, and the steps taken to address the violations. 80834
The department shall file the report with the governor, the 80835
president and minority leader of the senate, and the speaker and 80836
minority leader of the house of representatives on or before the 80837
first day of January of each year, beginning in 1999.80838

       Sec. 5104.13. No later than July 1, 1998, and at reasonable 80839
intervals thereafter, theThe department of job and family 80840
services shall publishprepare a guide describing the state 80841
statutes and rules governing the certification of type B family 80842
day-care homes. The department shall distributemay publish the 80843
guide to county departments of job and family services in 80844
sufficient number that a copy is available to eachelectronically 80845
or otherwise and shall do so in a manner that the guide is 80846
accessible to the public, including type B home provider80847
providers.80848

       Sec. 5104.30.  (A) The department of job and family services 80849
is hereby designated as the state agency responsible for 80850
administration and coordination of federal and state funding for 80851
publicly funded child care in this state. Publicly funded child 80852
care shall be provided to the following:80853

       (1) Recipients of transitional child care as provided under 80854
section 5104.34 of the Revised Code;80855

       (2) Participants in the Ohio works first program established 80856
under Chapter 5107. of the Revised Code;80857

       (3) Individuals who would be participating in the Ohio works 80858
first program if not for a sanction under section 5107.16 of the 80859
Revised Code and who continue to participate in a work activity, 80860
developmental activity, or alternative work activity pursuant to 80861
an assignment under section 5107.42 of the Revised Code;80862

       (4) A family receiving publicly funded child care on October 80863
1, 1997, until the family's income reaches one hundred fifty per 80864
cent of the federal poverty line;80865

       (5) Subject to available funds, other individuals determined 80866
eligible in accordance with rules adopted under section 5104.38 of 80867
the Revised Code.80868

       The department shall apply to the United States department of 80869
health and human services for authority to operate a coordinated 80870
program for publicly funded child care, if the director of job and 80871
family services determines that the application is necessary. For 80872
purposes of this section, the department of job and family 80873
services may enter into agreements with other state agencies that 80874
are involved in regulation or funding of child care. The 80875
department shall consider the special needs of migrant workers 80876
when it administers and coordinates publicly funded child care and 80877
shall develop appropriate procedures for accommodating the needs 80878
of migrant workers for publicly funded child care.80879

       (B) The department of job and family services shall 80880
distribute state and federal funds for publicly funded child care, 80881
including appropriations of state funds for publicly funded child 80882
care and appropriations of federal funds available under the child 80883
care block grant act, Title IV-A, and Title XX. The department may 80884
use any state funds appropriated for publicly funded child care as 80885
the state share required to match any federal funds appropriated 80886
for publicly funded child care.80887

       (C) In the use of federal funds available under the child 80888
care block grant act, all of the following apply:80889

       (1) The department may use the federal funds to hire staff to 80890
prepare any rules required under this chapter and to administer 80891
and coordinate federal and state funding for publicly funded child 80892
care.80893

       (2) Not more than five per cent of the aggregate amount of 80894
the federal funds received for a fiscal year may be expended for 80895
administrative costs.80896

       (3) The department shall allocate and use at least four per 80897
cent of the federal funds for the following:80898

       (a) Activities designed to provide comprehensive consumer 80899
education to parents and the public;80900

       (b) Activities that increase parental choice;80901

       (c) Activities, including child care resource and referral 80902
services, designed to improve the quality, and increase the 80903
supply, of child care;80904

       (d) Establishing a voluntary child day-care center 80905
quality-rating program in which participation in the program may 80906
allow a child day-care center to be eligible for grants, technical 80907
assistance, training, or other assistance and become eligible for 80908
unrestricted monetary awards for maintaining a quality rating.80909

       (4) The department shall ensure that the federal funds will 80910
be used only to supplement, and will not be used to supplant, 80911
federal, state, and local funds available on the effective date of 80912
the child care block grant act for publicly funded child care and 80913
related programs. If authorized by rules adopted by the department 80914
pursuant to section 5104.42 of the Revised Code, county 80915
departments of job and family services may purchase child care 80916
from funds obtained through any other means.80917

       (D) The department shall encourage the development of 80918
suitable child care throughout the state, especially in areas with 80919
high concentrations of recipients of public assistance and 80920
families with low incomes. The department shall encourage the 80921
development of suitable child care designed to accommodate the 80922
special needs of migrant workers. On request, the department, 80923
through its employees or contracts with state or community child 80924
care resource and referral service organizations, shall provide 80925
consultation to groups and individuals interested in developing 80926
child care. The department of job and family services may enter 80927
into interagency agreements with the department of education, the 80928
board of regents, the department of development, and other state 80929
agencies and entities whenever the cooperative efforts of the 80930
other state agencies and entities are necessary for the department 80931
of job and family services to fulfill its duties and 80932
responsibilities under this chapter.80933

       The department shall develop and maintain a registry of 80934
persons providing child care. The director shall adopt rules 80935
pursuant to Chapter 119. of the Revised Code establishing 80936
procedures and requirements for the registry's administration.80937

       (E)(1) The director shall adopt rules in accordance with 80938
Chapter 119. of the Revised Code establishing both of the 80939
following:80940

       (a) Reimbursement ceilings for providers of publicly funded 80941
child care not later than the first day of July in each 80942
odd-numbered year;80943

       (b) A procedure for reimbursing and paying providers of 80944
publicly funded child care.80945

       (2) In establishing reimbursement ceilings under division 80946
(E)(1)(a) of this section, the director shall do all of the 80947
following:80948

       (a) Use the information obtained under division (B)(3) of 80949
section 5104.04 of the Revised Code;80950

       (b) Establish an enhanced reimbursement ceiling for providers 80951
who provide child care for caretaker parents who work 80952
nontraditional hours;80953

       (c) For a type B family day-care home provider that has 80954
received limited certification pursuant to rules adopted under 80955
division (G)(1) of section 5104.011 of the Revised Code, establish 80956
a reimbursement ceiling that is the following:80957

        (i) If the provider is a person described in division 80958
(G)(1)(a)(i) of section 5104.011 of the Revised Code, seventy-five 80959
per cent of the reimbursement ceiling that applies to a type B 80960
family day-care home certified by the same county department of 80961
job and family services pursuant to section 5104.11 of the Revised 80962
Code;80963

       (ii) If the provider is a person described in division 80964
(G)(1)(a)(ii) of section 5104.011 of the Revised Code, sixty per 80965
cent of the reimbursement ceiling that applies to a type B family 80966
day-care home certified by the same county department pursuant to 80967
section 5104.11 of the Revised Code.80968

       (d) With regard to the voluntary child day-care center 80969
quality-rating program established pursuant to division (C)(3)(d) 80970
of this section, do both of the following:80971

        (i) Establish enhanced reimbursement ceilings for child 80972
day-care centers that participate in the program and maintain 80973
quality ratings under the program;80974

        (ii) Weigh any reduction in reimbursement ceilings more 80975
heavily against child day-care centers that do not participate in 80976
the program or do not maintain quality ratings under the program. 80977

       (3) In establishing reimbursement ceilings under division 80978
(E)(1)(a) of this section, the director may establish different 80979
reimbursement ceilings based on any of the following:80980

        (a) Geographic location of the provider;80981

        (b) Type of care provided;80982

        (c) Age of the child served;80983

        (d) Special needs of the child served;80984

        (e) Whether the expanded hours of service are provided;80985

        (f) Whether weekend service is provided;80986

        (g) Whether the provider has exceeded the minimum 80987
requirements of state statutes and rules governing child care;80988

        (h) Any other factors the director considers appropriate.80989

       (F) The director shall adopt rules in accordance with Chapter 80990
119. of the Revised Code to implement the voluntary child day-care 80991
center quality-rating program described in division (C)(3)(d) of 80992
this section.80993

       Sec. 5104.32.  (A) Except as provided in division (C) of this 80994
section, all purchases of publicly funded child care shall be made 80995
under a contract entered into by a licensed child day-care center, 80996
licensed type A family day-care home, certified type B family 80997
day-care home, certified in-home aide, approved child day camp, 80998
licensed preschool program, licensed school child program, or 80999
border state child care provider and the county department of job 81000
and family services. A county department of job and family 81001
services may enter into a contract with a provider for publicly 81002
funded child care for a specified period of time or upon a 81003
continuous basis for an unspecified period of time. All contracts 81004
for publicly funded child care shall be contingent upon the 81005
availability of state and federal funds. The department of job and 81006
family services shall prescribe a standard form to be used for all 81007
contracts for the purchase of publicly funded child care, 81008
regardless of the source of public funds used to purchase the 81009
child care. To the extent permitted by federal law and 81010
notwithstanding any other provision of the Revised Code that 81011
regulates state or county contracts or contracts involving the 81012
expenditure of state, county, or federal funds, all contracts for 81013
publicly funded child care shall be entered into in accordance 81014
with the provisions of this chapter and are exempt from any other 81015
provision of the Revised Code that regulates state or county81016
contracts or contracts involving the expenditure of state, county,81017
or federal funds.81018

       (B) Each contract for publicly funded child care shall 81019
specify at least the following:81020

       (1) That the provider of publicly funded child care agrees to 81021
be paid for rendering services at the lowestlower of the rate 81022
customarily charged by the provider for children enrolled for 81023
child care,or the reimbursement ceiling or rate of payment 81024
established pursuant to section 5104.30 of the Revised Code, or a 81025
rate the county department negotiates with the provider;81026

       (2) That, if a provider provides child care to an individual 81027
potentially eligible for publicly funded child care who is 81028
subsequently determined to be eligible, the county department 81029
agrees to pay for all child care provided between the date the 81030
county department of job and family services receives the 81031
individual's completed application and the date the individual's 81032
eligibility is determined;81033

       (3) Whether the county department of job and family services, 81034
the provider, or a child care resource and referral service 81035
organization will make eligibility determinations, whether the 81036
provider or a child care resource and referral service 81037
organization will be required to collect information to be used by 81038
the county department to make eligibility determinations, and the 81039
time period within which the provider or child care resource and 81040
referral service organization is required to complete required 81041
eligibility determinations or to transmit to the county department 81042
any information collected for the purpose of making eligibility 81043
determinations;81044

       (4) That the provider, other than a border state child care 81045
provider, shall continue to be licensed, approved, or certified 81046
pursuant to this chapter and shall comply with all standards and 81047
other requirements in this chapter and in rules adopted pursuant 81048
to this chapter for maintaining the provider's license, approval, 81049
or certification;81050

       (5) That, in the case of a border state child care provider, 81051
the provider shall continue to be licensed, certified, or 81052
otherwise approved by the state in which the provider is located 81053
and shall comply with all standards and other requirements 81054
established by that state for maintaining the provider's license, 81055
certificate, or other approval;81056

       (6) Whether the provider will be paid by the county 81057
department of job and family services, the state department of job 81058
and family services, or in some other manner as prescribed by 81059
rules adopted under section 5104.42 of the Revised Code;81060

       (7) That the contract is subject to the availability of state 81061
and federal funds;81062

       (8) That, in the case of a certified type B family day-care 81063
home, the provider will be paid according to an hourly 81064
reimbursement rate when day care is provided for one-tenth of an 81065
hour to nine and nine-tenths hours per week. For the purpose of 81066
the reimbursement rate, a part-time week shall be considered ten 81067
hours to twenty-four and nine-tenths hours of day care.81068

       (C) Unless specifically prohibited by federal law or by rules 81069
adopted under section 5104.42 of the Revised Code, the county 81070
department of job and family services shall give individuals 81071
eligible for publicly funded child care the option of obtaining 81072
certificates for payment that the individual may use to purchase 81073
services from any provider qualified to provide publicly funded 81074
child care under section 5104.31 of the Revised Code. Providers of 81075
publicly funded child care may present these certificates for 81076
payment for reimbursement in accordance with rules that the 81077
director of job and family services shall adopt. Only providers 81078
may receive reimbursementpayment for certificates for payment. 81079
The value of the certificate for payment shall be based on the 81080
lowestlower of the rate customarily charged by the provider, the 81081
reimbursement ceiling or the rate of payment established pursuant 81082
to section 5104.30 of the Revised Code, or a rate the county 81083
department negotiates with the provider. The county department may 81084
provide the certificates for payment to the individuals or may 81085
contract with child care providers or child care resource and 81086
referral service organizations that make determinations of 81087
eligibility for publicly funded child care pursuant to contracts 81088
entered into under section 5104.34 of the Revised Code for the 81089
providers or resource and referral service organizations to 81090
provide the certificates for payment to individuals whom they 81091
determine are eligible for publicly funded child care.81092

       For each six-month period a provider of publicly funded child 81093
care provides publicly funded child day-care to the child of an 81094
individual given certificates for payment, the individual shall 81095
provide the provider certificates for days the provider would have 81096
provided publicly funded child care to the child had the child 81097
been present. The maximum number of days providers shall be 81098
provided certificates shall not exceed ten days in a six-month 81099
period during which publicly funded child care is provided to the 81100
child regardless of the number of providers that provide publicly 81101
funded child care to the child during that period.81102

       Sec. 5104.341.  (A) Except as provided in division (B) of 81103
this section, both of the following apply:81104

       (1) An eligibility determination made under section 5104.34 81105
of the Revised Code for publicly funded child care is valid for 81106
one year;81107

       (2) The county department of job and family services shall 81108
adjust the appropriate level of a fee charged under division (B) 81109
of section 5104.34 of the Revised Code if a caretaker parent 81110
reports changes in income, family size, or both.81111

       (B) Division (A) of this section does not apply in either of 81112
the following circumstances:81113

       (1) The publicly funded child care is provided under division 81114
(B)(4) of section 5104.35 of the Revised Code;81115

       (2) Theif the recipient of the publicly funded child care 81116
ceases to be eligible for publicly funded child care.81117

       Sec. 5104.35.  (A) TheEach county department of job and 81118
family services shall do all of the following:81119

       (1) Accept any gift, grant, or other funds from either public 81120
or private sources offered unconditionally or under conditions 81121
which are, in the judgment of the department, proper and 81122
consistent with this chapter and deposit the funds in the county 81123
public assistance fund established by section 5101.161 of the 81124
Revised Code;81125

       (2) Recruit individuals and groups interested in 81126
certification as in-home aides or in developing and operating 81127
suitable licensed child day-care centers, type A family day-care 81128
homes, or certified type B family day-care homes, especially in 81129
areas with high concentrations of recipients of public assistance, 81130
and for that purpose provide consultation to interested 81131
individuals and groups on request;81132

       (3) Inform clients of the availability of child care 81133
services;81134

       (4) Pay to a child day-care center, type A family day-care 81135
home, certified type B family day-care home, in-home aide, 81136
approved child day camp, licensed preschool program, licensed 81137
school child program, or border state child care provider for 81138
child care services, the amount provided for in division (B) of 81139
section 5104.32 of the Revised Code. If part of the cost of care 81140
of a child is paid by the child's parent or any other person, the 81141
amount paid shall be subtracted from the amount the provider is 81142
paid.81143

       (5) In accordance with rules adopted pursuant to section 81144
5104.39 of the Revised Code, provide monthly reports to the 81145
director of job and family services and the director of budget and 81146
management regarding expenditures for the purchase of publicly 81147
funded child care.81148

       (B) TheA county department of job and family services may do 81149
any of the following:81150

       (1) To, to the extent permitted by federal law, use public 81151
child care funds to extend the hours of operation of the county 81152
department to accommodate the needs of working caretaker parents 81153
and enable those parents to apply for publicly funded child care;81154

       (2) In accordance with rules adopted by the director of job 81155
and family services, request a waiver of the reimbursement ceiling 81156
established pursuant to section 5104.30 of the Revised Code for 81157
the purpose of paying a higher rate for publicly funded child care 81158
based upon the special needs of a child;81159

       (3) To the extent permitted by federal law, use state and 81160
federal funds to pay deposits and other advance payments that a 81161
provider of child care customarily charges all children who 81162
receive child care from that provider;81163

       (4) To the extent permitted by federal law, pay for up to 81164
thirty days of child care for a child whose caretaker parent is 81165
seeking employment, taking part in employment orientation 81166
activities, or taking part in activities in anticipation of 81167
enrollment or attendance in an education or training program or 81168
activity, if the employment or education or training program or 81169
activity is expected to begin within the thirty-day period.81170

       Sec. 5104.37.  The department of job and family services and 81171
a county department of job and family services may withhold any 81172
money due, and recover through any appropriate method any money 81173
erroneously paid, under this chapter if evidence exists of less 81174
than full compliance with this chapter and any rules adopted under 81175
it.81176

       Sec. 5104.38.  In addition to any other rules adopted under 81177
this chapter, the director of job and family services shall adopt 81178
rules in accordance with Chapter 119. of the Revised Code 81179
governing financial and administrative requirements for publicly 81180
funded child care and establishing all of the following:81181

       (A) Procedures and criteria to be used in making 81182
determinations of eligibility for publicly funded child care that 81183
give priority to children of families with lower incomes and 81184
procedures and criteria for eligibility for publicly funded 81185
protective child care. The rules shall specify the maximum amount 81186
of income a family may have for initial and continued eligibility. 81187
The maximum amount shall not exceed two hundred per cent of the 81188
federal poverty line. The rules may specify exceptions to the 81189
eligibility requirements in the case of a family that previously 81190
received publicly funded child care and is seeking to have the 81191
child care reinstated after the family's eligibility was 81192
terminated.81193

       (B) Procedures under which a county department of job and 81194
family services may, if the department, under division (A) of this 81195
section, specifies a maximum amount of income a family may have 81196
for eligibility for publicly funded child care that is less than 81197
the maximum amount specified in that division, specify a maximum 81198
amount of income a family residing in the county the county 81199
department serves may have for initial and continued eligibility 81200
for publicly funded child care that is higher than the amount 81201
specified by the department but does not exceed the maximum amount 81202
specified in division (A) of this section;81203

       (C) A schedule of fees requiring all eligible caretaker 81204
parents to pay a fee for publicly funded child care according to 81205
income and family size, which shall be uniform for all types of 81206
publicly funded child care, except as authorized by rule, and, to 81207
the extent permitted by federal law, shall permit the use of state 81208
and federal funds to pay the customary deposits and other advance 81209
payments that a provider charges all children who receive child 81210
care from that provider. The schedule of fees may not provide for 81211
a caretaker parent to pay a fee that exceeds ten per cent of the 81212
parent's family income.81213

       (D) A formula based upon a percentage of the county's total 81214
expenditures for publicly funded child care for determining the 81215
maximum amount of state and federal funds appropriated for 81216
publicly funded child care that may be allocated to a county 81217
department mayto use for administrative purposes;81218

       (E) Procedures to be followed by the department and county 81219
departments in recruiting individuals and groups to become 81220
providers of child care;81221

       (F) Procedures to be followed in establishing state or local 81222
programs designed to assist individuals who are eligible for 81223
publicly funded child care in identifying the resources available 81224
to them and to refer the individuals to appropriate sources to 81225
obtain child care;81226

       (G) Procedures to deal with fraud and abuse committed by 81227
either recipients or providers of publicly funded child care;81228

       (H) Procedures for establishing a child care grant or loan 81229
program in accordance with the child care block grant act;81230

       (I) Standards and procedures for applicants to apply for 81231
grants and loans, and for the department to make grants and loans;81232

       (J) A definition of "person who stands in loco parentis" for 81233
the purposes of division (II)(1)(JJ)(1) of section 5104.01 of the 81234
Revised Code;81235

       (K) Procedures for a county department of job and family 81236
services to follow in making eligibility determinations and 81237
redeterminations for publicly funded child care available through 81238
telephone, computer, and other means at locations other than the 81239
county department;81240

       (L) If the director establishes a different reimbursement 81241
ceiling under division (E)(3)(d) of section 5104.30 of the Revised 81242
Code, standards and procedures for determining the amount of the 81243
higher payment that is to be issued to a child care provider based 81244
on the special needs of the child being served;81245

        (M) To the extent permitted by federal law, procedures for 81246
paying for up to thirty days of child care for a child whose 81247
caretaker parent is seeking employment, taking part in employment 81248
orientation activities, or taking part in activities in 81249
anticipation of enrolling in or attending an education or training 81250
program or activity, if the employment or the education or 81251
training program or activity is expected to begin within the 81252
thirty-day period;81253

        (N) Any other rules necessary to carry out sections 5104.30 81254
to 5104.395104.43 of the Revised Code.81255

       Sec. 5104.39.  (A) The director of job and family services 81256
shall adopt rules in accordance with Chapter 119. of the Revised 81257
Code establishing a procedure for monitoring the expenditures of 81258
county departments of job and family servicesfor publicly funded 81259
child care to ensure that expenditures do not exceed the available 81260
federal and state funds for publicly funded child care. The 81261
department of job and family services, with the assistance of the 81262
office of budget and management and the child care advisory 81263
council created pursuant to section 5104.08 of the Revised Code, 81264
shall monitor the anticipated future expenditures of county 81265
departments for publicly funded child care and shall compare those 81266
anticipated future expenditures to available federal and state 81267
funds for publicly funded child care. Whenever the department 81268
determines that the anticipated future expenditures of the county 81269
departments will exceed the available federal and state funds for 81270
publicly funded child care and the department reimburses the 81271
county departments in accordance with rules adopted under section 81272
5104.42 of the Revised Codewill exceed the available federal and 81273
state funds, the department shall promptly notify the county 81274
departments of job and family services and, before the available 81275
state and federal funds are used, the director shall issue and 81276
implement an administrative order that shall specify both of the 81277
following:81278

       (1) Priorities for expending the remaining available federal 81279
and state funds for publicly funded child care;81280

       (2) Instructions and procedures to be used by the county 81281
departments regarding eligibility determinations.81282

       (B) The order may do any or all of the following:81283

       (1) Suspend enrollment of all new participants in any program 81284
of publicly funded child care;81285

       (2) Limit enrollment of new participants to those with 81286
incomes at or below a specified percentage of the federal poverty 81287
line;81288

       (3) Disenroll existing participants with income above a 81289
specified percentage of the federal poverty line;81290

       (4) Change the schedule of fees paid by eligible caretaker 81291
parents that has been established pursuant to section 5104.38 of 81292
the Revised Code;81293

        (5) Change the rate of payment for providers of publicly 81294
funded child care that has been established pursuant to section 81295
5104.30 of the Revised Code.81296

       (C) Each county department shall comply with the order no 81297
later than thirty days after it is issued. If the department fails 81298
to notify the county departments and to implement the reallocation 81299
priorities specified in the order before the available federal and 81300
state funds for publicly funded child care are used, the state 81301
department shall provide sufficient funds to the county 81302
departments for publicly funded child care to enable each county 81303
department to pay for all publicly funded child care that was 81304
provided by providers pursuant to contract prior to the date that 81305
the county department received notice under this section and the 81306
state department implemented in that county the priorities.81307

       (D) If after issuing an order under this section to suspend 81308
or limit enrollment of new participants or disenroll existing 81309
participants the department determines that available state and 81310
federal funds for publicly funded child care exceed the 81311
anticipated future expenditures of the county departmentsfor 81312
publicly funded child care, the director may issue and implement 81313
another administrative order increasing income eligibility levels 81314
to a specified percentage of the federal poverty line. The order 81315
shall include instructions and procedures to be used by the county 81316
departments. Each county department shall comply with the order 81317
not later than thirty days after it is issued.81318

       (E) The department of job and family services shall do all of 81319
the following:81320

       (1) Conduct a quarterly evaluation of the program of publicly 81321
funded child care that is operated pursuant to sections 5104.30 to 81322
5104.395104.43 of the Revised Code;81323

       (2) Prepare reports based upon the evaluations that specify 81324
for each county the number of participants and amount of 81325
expenditures;81326

       (3) Provide copies of the reports to both houses of the 81327
general assembly and, on request, to interested parties.81328

       Sec. 5104.42. (A) The director of job and family services 81329
shall adopt rules pursuant to section 111.15 of the Revised Code 81330
establishing a payment procedure for publicly funded child care. 81331
The rules may provide that the department of job and family 81332
services will reimburse county departments of job and family 81333
services for payments made to providers of publicly funded child 81334
care, make direct payments to providers, or establish another 81335
system for the payment of publicly funded child care.81336

       Alternately, the(B) The director, by rule adopted in 81337
accordance with section 111.15 of the Revised Code, may establish 81338
a methodology for allocating among the county departments the 81339
state and federal funds appropriated for all publicly funded child 81340
care services. If the department chooses to allocate funds for 81341
publicly funded child care, it may provide the funds to each 81342
county department, up to the limit of the county's allocation, by 81343
advancing the funds or reimbursing county care expenditures. The 81344
rules adopted under this section may prescribe procedures for 81345
making the advances or reimbursements. The rules may establish a 81346
method under which the department may determine which county 81347
expenditures for child care services are allowable for use of and 81348
federal funds.81349

       The rules may establish procedures that a county department 81350
shall follow when the county department determines that its 81351
anticipated future expenditures for publicly funded child care 81352
services will exceed the amount of state and federal funds 81353
allocated by the state department. The procedures may include 81354
suspending or limiting enrollment of new participants.81355

       Sec. 5104.43.  Each county department of job and family 81356
services shall deposit all funds received from any source for 81357
child care services into the public assistance fund established 81358
under section 5101.161 of the Revised Code. All expenditures by a 81359
county department for publicly funded child care shall be made 81360
from the public assistance fund.81361

       Sec. 5111.012. The(A) Except as provided in division (B) of 81362
this section, the county department of job and family services of 81363
each county shall establish the eligibility for medical assistance 81364
of persons living in the county, and shall notify the department 81365
of job and family services in the manner prescribed by the 81366
department. The county shall be reimbursed for administrative 81367
expenditures in accordance with sections 5101.16, 5101.161, and 81368
5701.01 of the Revised Code. Expenditures for medical assistance 81369
shall be made from funds appropriated to the department of job and 81370
family services for public assistance subsidies. The program shall 81371
conform to the requirements of the "Social Security Act," 49 Stat. 81372
620 (1935), 42 U.S.C.A. 301, as amended.81373

       (B) If the department of job and family services elects to 81374
enter into agreements with county departments of job and family 81375
services pursuant to division (B) of section 5101.47 of the 81376
Revised Code, a county department of job and family services shall 81377
establish eligibility for medical assistance only if authorized to 81378
do so under such an agreement.81379

       Sec. 5111.013.  (A) The provision of medical assistance to 81380
pregnant women and young children who are eligible for medical 81381
assistance under division (A)(3) of section 5111.01 of the Revised 81382
Code, but who are not otherwise eligible for medical assistance 81383
under that section, shall be known as the healthy start program.81384

       (B) The department of job and family services shall do all of 81385
the following with regard to the application procedures for the 81386
healthy start program:81387

       (1) Establish a short application form for the program that 81388
requires the applicant to provide no more information than is 81389
necessary for making determinations of eligibility for the healthy 81390
start program, except that the form may require applicants to 81391
provide their social security numbers. The form shall include a 81392
statement, which must be signed by the applicant, indicating that 81393
she does not choose at the time of making application for the 81394
program to apply for assistance provided under any other program 81395
administered by the department and that she understands that she 81396
is permitted at any other time to apply at the county department 81397
of job and family services of the county in which she resides for 81398
any other assistance administered by the department.81399

       (2) To the extent permitted by federal law, do one or both of 81400
the following:81401

       (a) Distribute the application form for the program to each 81402
public or private entity that serves as a women, infants, and 81403
children clinic or as a child and family health clinic and to each 81404
administrative body for such clinics and train employees of each 81405
such agency or entity to provide applicants assistance in 81406
completing the form;81407

       (b) In cooperation with the department of health, develop 81408
arrangements under which employees of county departments of job 81409
and family services are stationed at public or private agencies or 81410
entities selected by the department of job and family services 81411
that serve as women, infants, and children clinics; child and 81412
family health clinics; or administrative bodies for such clinics 81413
for the purpose both of assisting applicants for the program in 81414
completing the application form and of making determinations at 81415
that location of eligibility for the program.81416

       (3) Establish performance standards by which a county 81417
department of job and family services' level of enrollment of 81418
persons potentially eligible for the program can be measured, and 81419
establish acceptable levels of enrollment for each county 81420
department.81421

       (4) Direct any county department of job and family services 81422
whose rate of enrollment of potentially eligible enrollees in the 81423
program is below acceptable levels established under division 81424
(B)(3) of this section to implement corrective action. Corrective 81425
action may include but is not limited to any one or more of the 81426
following to the extent permitted by federal law:81427

       (a) Establishing formal referral and outreach methods with 81428
local health departments and local entities receiving funding 81429
through the bureau of maternal and child health;81430

       (b) Designating a specialized intake unit within the county 81431
department for healthy start applicants;81432

       (c) Establishing abbreviated timeliness requirements to 81433
shorten the time between receipt of an application and the 81434
scheduling of an initial application interview;81435

       (d) Establishing a system for telephone scheduling of intake 81436
interviews for applicants;81437

       (e) Establishing procedures to minimize the time an applicant 81438
must spend in completing the application and eligibility 81439
determination process, including permitting applicants to complete 81440
the process at times other than the regular business hours of the 81441
county department and at locations other than the offices of the 81442
county department.81443

       (C) To the extent permitted by federal law, local funds, 81444
whether from public or private sources, expended by a county 81445
department for administration of the healthy start program shall 81446
be considered to have been expended by the state for the purpose 81447
of determining the extent to which the state has complied with any 81448
federal requirement that the state provide funds to match federal 81449
funds for medical assistance, except that this division shall not 81450
affect the amount of funds the county is entitled to receive under 81451
section 5101.16, 5101.161, or 5111.012 of the Revised Code.81452

       (D) The director of job and family services shall do one or 81453
both of the following:81454

       (1) To the extent that federal funds are provided for such 81455
assistance, adopt a plan for granting presumptive eligibility for 81456
pregnant women applying for healthy start;81457

       (2) To the extent permitted by federal medicaid regulations, 81458
adopt a plan for making same-day determinations of eligibility for 81459
pregnant women applying for healthy start.81460

       (E) A county department of job and family services that 81461
maintains offices at more than one location shall accept 81462
applications for the healthy start program at all of those 81463
locations.81464

       (F)(E) The director of job and family services shall adopt 81465
rules in accordance with section 111.15 of the Revised Code as 81466
necessary to implement this section.81467

       Sec. 5111.0112.  (A) The director of job and family services 81468
shall institute a cost-sharing program under the medicaid program. 81469
In instituting the cost-sharing program, the director shall comply 81470
with federal law. In the case of an individual participating in 81471
the children's buy-in program established under sections 5101.5211 81472
to 5101.5216 of the Revised Code, the cost-sharing program shall 81473
be consistent with sections 5101.5213 and 5101.5214 of the Revised 81474
Code if the children's buy-in program is a component of the 81475
medicaid program. The cost-sharing program shall establish a 81476
copayment requirement for at least dental services, vision 81477
services, nonemergency emergency department services, and 81478
prescription drugs, other than generic drugs. The cost-sharing 81479
program shall establish requirements regarding premiums, 81480
enrollment fees, deductions, and similar charges. The director 81481
shall adopt rules under section 5111.02 of the Revised Code 81482
governing the cost-sharing program.81483

       (B) The cost-sharing program shall, to the extent permitted 81484
by federal law, provide for all of the following with regard to 81485
any providers participating in the medicaid program:81486

        (1) No provider shall refuse to provide a service to a 81487
medicaid recipient who is unable to pay a required copayment for 81488
the service.81489

        (2) Division (B)(1) of this section shall not be considered 81490
to do either of the following with regard to a medicaid recipient 81491
who is unable to pay a required copayment:81492

       (a) Relieve the medicaid recipient from the obligation to pay 81493
a copayment;81494

        (b) Prohibit the provider from attempting to collect an 81495
unpaid copayment.81496

        (3) Except as provided in division (C) of this section, no 81497
provider shall waive a medicaid recipient's obligation to pay the 81498
provider a copayment.81499

        (4) No provider or drug manufacturer, including the 81500
manufacturer's representative, employee, independent contractor, 81501
or agent, shall pay any copayment on behalf of a medicaid 81502
recipient.81503

        (5) If it is the routine business practice of the provider to 81504
refuse service to any individual who owes an outstanding debt to 81505
the provider, the provider may consider an unpaid copayment 81506
imposed by the cost-sharing program as an outstanding debt and may 81507
refuse service to a medicaid recipient who owes the provider an 81508
outstanding debt. If the provider intends to refuse service to a 81509
medicaid recipient who owes the provider an outstanding debt, the 81510
provider shall notify the individual of the provider's intent to 81511
refuse services.81512

       (C) In the case of a provider that is a hospital, the 81513
cost-sharing program shall permit the hospital to take action to 81514
collect a copayment by providing, at the time services are 81515
rendered to a medicaid recipient, notice that a copayment may be 81516
owed. If the hospital provides the notice and chooses not to take 81517
any further action to pursue collection of the copayment, the 81518
prohibition against waiving copayments specified in division 81519
(B)(3) of this section does not apply.81520

       (D) The department of job and family services may work with a 81521
state agency that is administering, pursuant to a contract entered 81522
into under section 5111.91 of the Revised Code, one or more 81523
components of the medicaid program or one or more aspects of a 81524
component as necessary for the state agency to apply the 81525
cost-sharing program to the components or aspects of the medicaid 81526
program that the state agency administers.81527

       Sec. 5111.0122. As used in this section, "maintenance of 81528
effort requirement" means the requirement established by section 81529
1902(gg) of the "Social Security Act," 124 Stat. 275 (2010), 42 81530
U.S.C. 1396a(gg), as amended, regarding medicaid eligibility 81531
standards, methodologies, and procedures.81532

        Except to the extent, if any, otherwise authorized by the 81533
United States secretary of health and human services, the 81534
department of job and family services shall comply with the 81535
maintenance of effort requirement while the requirement is in 81536
effect. 81537

       Sec. 5111.0123.  (A) Subject to division (B) of this section, 81538
the director of job and family services may adopt rules under 81539
sections 5111.011 and 5111.85 of the Revised Code to reduce the 81540
complexity of the eligibility determination processes for the 81541
medicaid program caused by the different income and resource 81542
standards for the numerous medicaid eligibility categories.81543

       (B) In implementing division (A) of this section, both of the 81544
following apply:81545

       (1) Before implementing a revision to an eligibility 81546
determination process, the director shall obtain, to the extent 81547
necessary, the approval of the United States secretary of health 81548
and human services in the form of a federal medicaid waiver, 81549
medicaid state plan amendment, or demonstration grant.81550

       (2) The director shall comply with section 5111.0122 of the 81551
Revised Code.81552

       Sec. 5111.0124.  (A) As used in this section:81553

       "Children's hospital" has the same meaning as in section 81554
2151.86 of the Revised Code.81555

       "Federally-qualified health center" has the same meaning as 81556
in 42 U.S.C. 1396d(l)(2)(B).81557

       "Presumptive eligibility for pregnant women option" means the 81558
option available under 42 U.S.C. 1396r-1 to make ambulatory 81559
prenatal care available to pregnant women under the medicaid 81560
program during presumptive eligibility periods.81561

       (B) The director of job and family services shall submit a 81562
state medicaid plan amendment to the United States secretary of 81563
health and human services to implement the presumptive eligibility 81564
for pregnant women option. Children's hospitals and 81565
federally-qualified health centers that are eligible to be 81566
qualified providers under section 42 U.S.C. 1396r-1(b)(2) may 81567
serve as qualified providers for purposes of the presumptive 81568
eligibility for pregnant women option.81569

       Sec. 5111.0125.  (A) As used in this section:81570

       "Children's hospital" has the same meaning as in section 81571
2151.86 of the Revised Code.81572

       "Federally-qualified health center" has the same meaning as 81573
in 42 U.S.C. 1396d(l)(2)(B).81574

       "Presumptive eligibility for children option" means the 81575
option available under 42 U.S.C. 1396r-1a to make medical 81576
assistance with respect to health care items and services 81577
available to children under the medicaid program during 81578
presumptive eligibility periods.81579

       (B) The director of job and family services shall retain the 81580
presumptive eligibility for children option in the state medicaid 81581
plan. Children's hospitals and federally-qualified health centers 81582
that are eligible to be qualified entities under section 42 U.S.C. 81583
1396r-1a(b)(3) may serve as qualified entities for purposes of the 81584
presumptive eligibility for children option.81585

       Sec. 5111.021.  Under the medicaid program:81586

       (A) Except as otherwise permitted by federal statute or 81587
regulation and at the department's discretion, reimbursement by 81588
theThe department of job and family services toshall not 81589
reimburse a medical provider for any medical serviceassistance81590
rendered under the program shall not exceedan amount that exceeds 81591
the following:81592

       (1) If the provider is a hospital, nursing facility, or 81593
intermediate care facility for the mentally retarded, the limits 81594
established under Subpart C of 42 C.F.R. Part 447;81595

       (2) If the provider is other than a provider described in 81596
division (A)(1) of this section, the authorized reimbursement 81597
levellimits for the same service under the medicare program 81598
established under Title XVIII of the "Social Security Act," 79 81599
Stat. 286 (1965), 42 U.S.C. 1395, as amended.81600

       (B) Reimbursement for freestanding medical laboratory charges 81601
shall not exceed the customary and usual fee for laboratory 81602
profiles.81603

       (C) The department may deduct from payments for services 81604
rendered by a medicaid provider under the medicaid program any 81605
amounts the provider owes the state as the result of incorrect 81606
medicaid payments the department has made to the provider.81607

       (D) The department may conduct final fiscal audits in 81608
accordance with the applicable requirements set forth in federal 81609
laws and regulations and determine any amounts the provider may 81610
owe the state. When conducting final fiscal audits, the department 81611
shall consider generally accepted auditing standards, which 81612
include the use of statistical sampling.81613

       (E) The number of days of inpatient hospital care for which 81614
reimbursement is made on behalf of a medicaid recipient to a 81615
hospital that is not paid under a diagnostic-related-group 81616
prospective payment system shall not exceed thirty days during a 81617
period beginning on the day of the recipient's admission to the 81618
hospital and ending sixty days after the termination of that 81619
hospital stay, except that the department may make exceptions to 81620
this limitation. The limitation does not apply to children 81621
participating in the program for medically handicapped children 81622
established under section 3701.023 of the Revised Code.81623

       (F) The division of any reimbursement between a collaborating 81624
physician or podiatrist and a clinical nurse specialist, certified 81625
nurse-midwife, or certified nurse practitioner for services 81626
performed by the nurse shall be determined and agreed on by the 81627
nurse and collaborating physician or podiatrist. In no case shall 81628
reimbursement exceed the payment that the physician or podiatrist 81629
would have received had the physician or podiatrist provided the 81630
entire service.81631

       Sec. 5111.023.  (A) As used in this section:81632

       (1) "Community mental health agency or facility" means a 81633
community mental health agency or facility that has a quality 81634
assurance program accredited by the joint commission on 81635
accreditation of healthcare organizations or isits community 81636
mental health services certified by the department of mental 81637
health under section 5119.611 of the Revised Code or by the81638
department of job and family services.81639

        (2) "Mental health professional" means a person qualified to 81640
work with mentally ill persons under the standards established by 81641
the director of mental health pursuant to section 5119.611 of the 81642
Revised Code.81643

        (B) The state medicaid plan shallmay include provision of 81644
the following mental health services when provided by community 81645
mental health agencies or facilities:81646

       (1) Outpatient mental health services, including, but not 81647
limited to, preventive, diagnostic, therapeutic, rehabilitative, 81648
and palliative interventions rendered to individuals in an 81649
individual or group setting by a mental health professional in 81650
accordance with a plan of treatment appropriately established, 81651
monitored, and reviewed;81652

       (2) Partial-hospitalization mental health services rendered 81653
by persons directly supervised by a mental health professional;81654

       (3) Unscheduled, emergency mental health services of a kind 81655
ordinarily provided to persons in crisis when rendered by persons 81656
supervised by a mental health professional;81657

       (4) Subject to receipt of federal approval, assertive 81658
community treatment and intensive home-based mental health 81659
services.81660

       (C) The comprehensive annual plan shall certify the 81661
availability of sufficient unencumbered community mental health 81662
state subsidy and local funds to match federal medicaid 81663
reimbursement funds earned by community mental health facilities.81664

       (D) The department of job and family services shall enter 81665
into a separate contract with the department of mental health 81666
under section 5111.91 of the Revised Code with regard to the 81667
component of the medicaid program provided for by this section.81668

       (E) Not later than July 21, 2006, the department of job and 81669
family services shall request federal approval to provide 81670
assertive community treatment and intensive home-based mental 81671
health services under medicaid pursuant to this section.81672

       (F) On receipt of federal approval sought under division (E) 81673
of this section, the director of job and family services shall 81674
adopt rules in accordance with Chapter 119. of the Revised Code 81675
for assertive community treatment and intensive home-based mental 81676
health services provided under medicaid pursuant to this section. 81677
The director shall consult with the department of mental health in 81678
adopting the rules.81679

       Sec. 5111.025. (A) In rules adopted under section 5111.02 of 81680
the Revised Code, the director of job and family services shall 81681
modify the manner or establish a new manner in which the following 81682
are paid under medicaid:81683

        (1) Community mental health agencies or facilities for 81684
providing community mental health services included in the state 81685
medicaid plan pursuant to section 5111.023 of the Revised Code;81686

        (2) Providers of alcohol and drug addiction services for 81687
providing alcohol and drug addiction services included in the 81688
medicaid program pursuant to rules adopted under section 5111.02 81689
of the Revised Code.81690

       (B) The director's authority to modify the manner, or to 81691
establish a new manner, for medicaid to pay for the services 81692
specified in division (A) of this section is not limited by any 81693
rules adopted under section 5111.02 or 5119.61 of the Revised Code 81694
that are in effect on June 26, 2003, and govern the way medicaid 81695
pays for those services. This is the case regardless of what 81696
state agency adopted the rules.81697

       Sec. 5111.0212.  As necessary to comply with section 81698
1902(a)(13)(A) of the "Social Security Act," 111 Stat. 507 (1997), 81699
42 U.S.C. 1396a(a)(13)(A), as amended, and any other federal law 81700
that requires public notice of proposed changes to reimbursement 81701
rates for medical assistance provided under the medicaid program, 81702
the director of job and family services shall give public notice 81703
in the register of Ohio of any change to a method or standard used 81704
to determine the medicaid reimbursement rate for medical 81705
assistance.81706

       Sec. 5111.0213.  (A) As used in this section:81707

       (1) "Aide services" means all of the following:81708

       (a) Home health aide services available under the home health 81709
services benefit pursuant to 42 C.F.R. 440.70(b)(2);81710

       (b) Home care attendant services available under a home and 81711
community-based services medicaid waiver component;81712

       (c) Personal care aide services available under a home and 81713
community-based services medicaid waiver component.81714

       (2) "Home and community-based services medicaid waiver 81715
component" has the same meaning as in section 5111.85 of the 81716
Revised Code.81717

       (3) "Nursing services" means all of the following:81718

       (a) Nursing services available under the home health services 81719
benefit pursuant to 42 C.F.R. 440.70(b)(1);81720

       (b) Private duty nursing services as defined in 42 C.F.R. 81721
440.80;81722

       (c) Nursing services available under a home and 81723
community-based services medicaid waiver component.81724

       (B) The department of job and family services shall do both 81725
of the following:81726

       (1) Effective not later than October 1, 2011, reduce the 81727
medicaid program's first-hour-unit price for aide services and 81728
nursing services in a manner that reflects, at a minimum, labor 81729
market data that shows the medicaid and non-medicaid reimbursement 81730
rates for such services or similar services;81731

       (2) Not sooner than July 1, 2012, adjust the medicaid 81732
reimbursement rates for aide services and nursing services in a 81733
manner that reflects, at a minimum, labor market data, education 81734
and licensure status, home health agency and non-agency provider 81735
status, and length of service visit.81736

       (C) The department shall strive to have the adjustment made 81737
under division (B)(2) of this section go into effect on July 1, 81738
2012. The reduction made under division (B)(1) of this section 81739
shall remain in effect until the adjustment made under division 81740
(B)(2) of this section goes into effect.81741

       (D) The director of job and family services shall adopt rules 81742
under sections 5111.02 and 5111.85 of the Revised Code as 81743
necessary to implement this section.81744

       Sec. 5111.0214. The department of job and family services 81745
shall not knowingly make a medicaid payment for a 81746
provider-preventable condition for which federal financial 81747
participation is prohibited by regulations adopted under section 81748
2702 of the "Patient Protection and Affordable Care Act," 124 81749
Stat. 318 (2010), 42 U.S.C. 1396b-1. The director of job and 81750
family services shall adopt rules under section 5111.02 of the 81751
Revised Code as necessary to implement this section.81752

       Sec. 5111.0215. (A) The department of job and family services 81753
may establish a program under which it provides incentive 81754
payments, as authorized by the "Health Information Technology for 81755
Economic and Clinical Health Act," 123 Stat. 489 (2009), 42 U.S.C. 81756
1396b(a)(3)(F) and 1396b(t), as amended, to encourage the adoption 81757
and use of electronic health record technology by medicaid 81758
providers who are identified under that federal law as eligible 81759
professionals.81760

       (B) After the department has made a determination regarding 81761
the amount of a medicaid provider's electronic health record 81762
incentive payment or the denial of an incentive payment, the 81763
department shall notify the provider. The provider may request 81764
that the department reconsider its determination.81765

       A request for reconsideration shall be submitted in writing 81766
to the department not later than fifteen days after the provider 81767
receives notification of the determination. The request shall be 81768
accompanied by written materials setting forth the basis for, and 81769
supporting, the reconsideration request.81770

       On receipt of a timely request, the department shall 81771
reconsider the determination. On the basis of the written 81772
materials accompanying the request, the department may uphold, 81773
reverse, or modify its original determination. The department 81774
shall mail to the provider by certified mail a written notice of 81775
the reconsideration decision.81776

       In accordance with Chapter 2505. of the Revised Code, the 81777
medicaid provider may appeal the reconsideration decision by 81778
filing a notice of appeal with the court of common pleas of 81779
Franklin county. The notice shall identify the decision being 81780
appealed and the specific grounds for the appeal. The notice of 81781
appeal shall be filed not later than fifteen days after the 81782
department mails its notice of the reconsideration decision. A 81783
copy of the notice of appeal shall be filed with the department 81784
not later than three days after the notice is filed with the 81785
court.81786

       (C) The director of job and family services may adopt rules 81787
in accordance with Chapter 119. of the Revised Code as necessary 81788
to implement this section.81789

       Sec. 5111.031. (A) As used in this section:81790

       (1) "Independent provider" has the same meaning as in section 81791
5111.034 of the Revised Code.81792

       (2) "Intermediate care facility for the mentally retarded" 81793
and "nursing facility" have the same meanings as in section 81794
5111.20 of the Revised Code.81795

       (3) "Noninstitutional medicaid provider" means any person or 81796
entity with a medicaid provider agreement other than a hospital, 81797
nursing facility, or intermediate care facility for the mentally 81798
retarded.81799

       (4) "Owner" means any person having at least five per cent 81800
ownership in a noninstitutional medicaid provider.81801

       (B) Notwithstanding any provision of this chapter to the 81802
contrary, the department of job and family services shall take 81803
action under this section against a noninstitutional medicaid 81804
provider or its owner, officer, authorized agent, associate, 81805
manager, or employee.81806

       (C) Except as provided in division (D) of this section and in 81807
rules adopted by the department under division (H) of this 81808
section, on receiving notice and a copy of an indictment that is 81809
issued on or after the effective date of this sectionSeptember 81810
29, 2007, and charges a noninstitutional medicaid provider or its 81811
owner, officer, authorized agent, associate, manager, or employee 81812
with committing an offense specified in division (E) of this 81813
section, the department shall suspend the provider agreement held 81814
by the noninstitutional medicaid provider. Subject to division (D) 81815
of this section, the department shall also terminate medicaid 81816
reimbursement to the provider for services rendered.81817

       The suspension shall continue in effect until the proceedings 81818
in the criminal case are completed through conviction, dismissal 81819
of the indictment,or through conviction, entry of a guilty plea, 81820
or finding of not guilty. If the department commences a process to 81821
terminate the suspended provider agreement, the suspension shall 81822
also continue in effect until the termination process is 81823
concluded. Pursuant81824

       Pursuant to section 5111.06 of the Revised Code, the 81825
department is not required to take action under this division by 81826
issuing an order pursuant to an adjudication conducted in 81827
accordance with Chapter 119. of the Revised Code.81828

       When subject to a suspension under this division, a provider, 81829
owner, officer, authorized agent, associate, manager, or employee 81830
shall not own or provide services to any other medicaid provider 81831
or risk contractor or arrange for, render, or order services for 81832
medicaid recipients during the period of suspension. During the 81833
period of suspension, the provider, owner, officer, authorized 81834
agent, associate, manager, or employee shall not receive 81835
reimbursement in the form of direct payments from the department 81836
or indirect payments of medicaid funds in the form of salary, 81837
shared fees, contracts, kickbacks, or rebates from or through any 81838
participating provider or risk contractor.81839

       (D)(1) The department shall not suspend a provider agreement 81840
or terminate medicaid reimbursement under division (C) of this 81841
section if the provider or owner can demonstrate through the 81842
submission of written evidence that the provider or owner did not 81843
directly or indirectly sanction the action of its authorized 81844
agent, associate, manager, or employee that resulted in the 81845
indictment.81846

       (2) The termination of medicaid reimbursement applies only to 81847
payments for medicaid services rendered subsequent to the date on 81848
which the notice required under division (F) of this section is 81849
sent. Claims for reimbursement for medicaid services rendered by 81850
the provider prior to the issuance of the notice may be subject to 81851
prepayment review procedures whereby the department reviews claims 81852
to determine whether they are supported by sufficient 81853
documentation, are in compliance with state and federal statutes 81854
and rules, and are otherwise complete.81855

       (E)(1) In the case of a noninstitutional medicaid provider 81856
that is not an independent provider, the suspension of a provider 81857
agreement under division (C) of this section applies when an 81858
indictment charges a person with committing an act that would be a 81859
felony or misdemeanor under the laws of this state and the act 81860
relates to or results from either of the following:81861

       (a) Furnishing or billing for medical care, services, or 81862
supplies under the medicaid program;81863

       (b) Participating in the performance of management or 81864
administrative services relating to furnishing medical care, 81865
services, or supplies under the medicaid program.81866

       (2) In the case of a noninstitutional medicaid provider that 81867
is an independent provider, the suspension of a provider agreement 81868
under division (C) of this section applies when an indictment 81869
charges a person with committing an act that would constitute one 81870
of the offenses specified in division (D) of section 5111.034 of 81871
the Revised Code.81872

       (F) Not later than five days after suspending a provider 81873
agreement under division (C) of this section, the department shall 81874
send notice of the suspension to the affected provider or owner. 81875
In providing the notice, the department shall do all of the 81876
following:81877

       (1) Describe the indictment that was the cause of the 81878
suspension, without necessarily disclosing specific information 81879
concerning any ongoing civil or criminal investigation;81880

       (2) State that the suspension will continue in effect until 81881
the proceedings in the criminal case are completed through 81882
conviction, dismissal of the indictment,or through conviction, 81883
entry of a guilty plea, or finding of not guilty and, if the 81884
department commences a process to terminate the suspended provider 81885
agreement, until the termination process is concluded;81886

       (3) Inform the provider or owner of the opportunity to submit 81887
to the department, not later than thirty days after receiving the 81888
notice, a request for a reconsideration pursuant to division (G) 81889
of this section. 81890

       (G)(1) APursuant to the procedure specified in division 81891
(G)(2) of this section, a noninstitutional medicaid provider or 81892
owner subject to a suspension under this section may request a 81893
reconsideration. The request shall be made not later than thirty 81894
days after receipt of the notice provided under division (F) of 81895
this section. The reconsideration is not subject to an 81896
adjudication hearing pursuant to Chapter 119. of the Revised Code.81897

       (2) In requesting a reconsideration, the provider or owner 81898
shall submit written information and documents to the department. 81899
The information and documents may pertain to any of the following 81900
issues:81901

       (a) Whether the determination to suspend the provider 81902
agreement was based on a mistake of fact, other than the validity 81903
of the indictment;81904

       (b) Whether any offense charged in the indictment resulted 81905
from an offense specified in division (E) of this section;81906

       (c) Whether the provider or owner can demonstrate that the 81907
provider or owner did not directly or indirectly sanction the 81908
action of its authorized agent, associate, manager, or employee 81909
that resulted in the indictment.81910

       (3) The department shall review the information and documents 81911
submitted in a request for reconsideration. After the review, the 81912
suspension may be affirmed, reversed, or modified, in whole or in 81913
part. The department shall notify the affected provider or owner 81914
of the results of the review. The review and notification of its 81915
results shall be completed not later than forty-five days after 81916
receiving the information and documents submitted in a request for 81917
reconsideration.81918

       (H) The department may adopt rules in accordance with Chapter 81919
119. of the Revised Code to implement this section. The rules may 81920
specify circumstances under which the department would not suspend 81921
a provider agreement pursuant to this section.81922

       Sec. 5111.035.  (A) As used in this section:81923

       (1) "Creditable allegation of fraud" has the same meaning as 81924
in 42 C.F.R. 455.2, except that for purposes of this section any 81925
reference in that regulation to the "state" or the "state medicaid 81926
agency" means the department of job and family services.81927

       (2) "Provider" has the same meaning as in section 5111.032 of 81928
the Revised Code.81929

       (3) "Owner" has the same meaning as in section 5111.031 of 81930
the Revised Code.81931

       (B)(1) Except as provided in division (C) of this section and 81932
in rules adopted by the department of job and family services 81933
under division (J) of this section, on determining there is a 81934
creditable allegation of fraud for which an investigation is 81935
pending under the medicaid program against a provider, the 81936
department shall suspend the provider agreement held by the 81937
provider. Subject to division (C) of this section, the department 81938
shall also terminate medicaid reimbursement to the provider for 81939
services rendered.81940

       (2)(a) The suspension shall continue in effect until either 81941
of the following is the case:81942

       (i) The department or a prosecuting authority determines that 81943
there is insufficient evidence of fraud by the provider;81944

       (ii) The proceedings in any related criminal case are 81945
completed through dismissal of the indictment or through 81946
conviction, entry of a guilty plea, or finding of not guilty.81947

       (b) If the department commences a process to terminate the 81948
suspended provider agreement, the suspension shall also continue 81949
in effect until the termination process is concluded.81950

       (3) Pursuant to section 5111.06 of the Revised Code, the 81951
department is not required to take action under division (B)(1) of 81952
this section by issuing an order pursuant to an adjudication in 81953
accordance with Chapter 119. of the Revised Code.81954

       (4) When subject to a suspension under this section, a 81955
provider, owner, officer, authorized agent, associate, manager, or 81956
employee shall not own or provide services to any other medicaid 81957
provider or risk contractor or arrange for, render, or order 81958
services to any other medicaid provider or risk contractor or 81959
arrange for, render, or order services for medicaid recipients 81960
during the period of suspension. During the period of suspension, 81961
the provider, owner, officer, authorized agent, associate, 81962
manager, or employee shall not receive reimbursement in the form 81963
of direct payments from the department or indirect payments of 81964
medicaid funds in the form of salary, shared fees, contracts, 81965
kickbacks, or rebates from or through any participating provider 81966
or risk contractor.81967

       (C) The department shall not suspend a provider agreement or 81968
terminate medicaid reimbursement under division (B) of this 81969
section if the provider or owner can demonstrate through the 81970
submission of written evidence that the provider or owner did not 81971
directly or indirectly sanction the action of its authorized 81972
agent, associate, manager, or employee that resulted in the 81973
creditable allegation of fraud. 81974

       (D) The termination of medicaid reimbursement under division 81975
(B) of this section applies only to payments for medicaid services 81976
rendered subsequent to the date on which the notice required by 81977
division (E) of this section is sent. Claims for reimbursement of 81978
medicaid services rendered by the provider prior to the issuance 81979
of the notice may be subject to prepayment review procedures 81980
whereby the department reviews claims to determine whether they 81981
are supported by sufficient documentation, are in compliance with 81982
state and federal statutes and rules, and are otherwise complete.81983

       (E) After suspending a provider agreement under division (B) 81984
of this section, the department shall, as specified in 42 C.F.R. 81985
455.23(b), send notice of the suspension to the affected provider 81986
or owner in accordance with the following timeframes:81987

       (1) Not later than five days after the suspension, unless a 81988
law enforcement agency makes a written request to temporarily 81989
delay the notice;81990

       (2) If a law enforcement agency makes a written request to 81991
temporarily delay the notice, not later than thirty days after the 81992
suspension occurs subject to the conditions specified in division 81993
(F) of this section. 81994

       (F) A written request for a temporary delay described in 81995
division (E)(2) of this section may be renewed in writing by a law 81996
enforcement agency not more than two times except that under no 81997
circumstances shall the notice be issued more than ninety days 81998
after the suspension occurs.81999

       (G) The notice required by division (E) of this section shall 82000
do all of the following:82001

       (1) State that payments are being suspended in accordance 82002
with this section and 42 C.F.R. 455.23;82003

       (2) Set forth the general allegations related to the nature 82004
of the conduct leading to the suspension, except that it is not 82005
necessary to disclose any specific information concerning an 82006
ongoing investigation;82007

       (3) State that the suspension continues to be in effect until 82008
either of the following is the case:82009

       (a) The department or a prosecuting authority determines that 82010
there is insufficient evidence of fraud by the provider;82011

       (b) The proceedings in any related criminal case are 82012
completed through dismissal of the indictment or through 82013
conviction, entry of a guilty plea, or finding of not guilty and, 82014
if the department commences a process to terminate the suspended 82015
provider agreement, until the termination process is concluded.82016

       (4) Specify, if applicable, the type or types of medicaid 82017
claims or business units of the provider that are affected by the 82018
suspension;82019

       (5) Inform the provider or owner of the opportunity to submit 82020
to the department, not later than thirty days after receiving the 82021
notice, a request for reconsideration of the suspension in 82022
accordance with division (H) of this section.82023

       (H)(1) Pursuant to the procedure specified in division (H)(2) 82024
of this section, a provider or owner subject to a suspension under 82025
this section may request a reconsideration of the suspension. The 82026
request shall be made not later than thirty days after receipt of 82027
a notice required by division (E) of this section. The 82028
reconsideration is not subject to an adjudication hearing pursuant 82029
to Chapter 119. of the Revised Code.82030

       (2) In requesting a reconsideration, the provider or owner 82031
shall submit written information and documents to the department. 82032
The information and documents may pertain to any of the following 82033
issues:82034

       (a) Whether the determination to suspend the provider 82035
agreement was based on a mistake of fact, other than the validity 82036
of an indictment in a related criminal case.82037

       (b) If there has been an indictment in a related criminal 82038
case, whether any offense charged in the indictment resulted from 82039
an offense specified in division (E) of section 5111.031 of the 82040
Revised Code. 82041

       (c) Whether the provider or owner can demonstrate that the 82042
provider or owner did not directly or indirectly sanction the 82043
action of its authorized agent, associate, manager, or employee 82044
that resulted in the suspension under this section or an 82045
indictment in a related criminal case.82046

       (I) The department shall review the information and documents 82047
submitted in a request made under division (H) of this section for 82048
reconsideration of a suspension. After the review, the suspension 82049
may be affirmed, reversed, or modified, in whole or in part. The 82050
department shall notify the affected provider or owner of the 82051
results of the review. The review and notification of its results 82052
shall be completed not later than forty-five days after receiving 82053
the information and documents submitted in a request for 82054
reconsideration.82055

       (J) The department may adopt rules in accordance with Chapter 82056
119. of the Revised Code to implement this section. The rules may 82057
specify circumstances under which the department would not suspend 82058
a provider agreement pursuant to this section.82059

       Sec. 5111.051.  The director of job and family services may 82060
submit a medicaid state plan amendment or request for a federal 82061
waiver to the United States secretary of health and human services 82062
as necessary to implement, at the director's discretion, a system 82063
under which payments for medical assistance provided under the 82064
medicaid program are made to an organization on behalf of the 82065
providers of the medical assistance. The system may not provide 82066
for an organization to receive an amount that exceeds, in 82067
aggregate, the amount the department would have paid directly to 82068
the providers if not for this section.82069

       Sec. 5111.052.  (A) As used in this section, "electronic 82070
claims submission process" means any of the following:82071

       (1) Electronic interchange of data;82072

       (2) Direct entry of data through an internet-based mechanism 82073
implemented by the department of job and family services;82074

       (3) Any other process for the electronic submission of claims 82075
that is specified in rules adopted under this section.82076

       (B) Not later than January 1, 2013, and except as provided in 82077
division (C) of this section, each provider of services to 82078
medicaid recipients shall do both of the following:82079

       (1) Use only an electronic claims submission process to 82080
submit to the department of job and family services claims for 82081
medicaid reimbursement for services provided to medicaid 82082
recipients;82083

       (2) Arrange to receive medicaid reimbursement from the 82084
department by means of electronic funds transfer.82085

       (C) Division (B) of this section does not apply to any of the 82086
following:82087

       (1) A nursing facility, as defined in section 5111.20 of the 82088
Revised Code;82089

       (2) An intermediate care facility for the mentally retarded, 82090
as defined in section 5111.20 of the Revised Code;82091

       (3) A medicaid managed care organization under contract with 82092
the department pursuant to section 5111.17 of the Revised Code;82093

       (4) Any other provider or type of provider designated in 82094
rules adopted under this section.82095

       (D) The department shall not process a medicaid claim 82096
submitted on or after January 1, 2013, unless the claim is 82097
submitted through an electronic claims submission process in 82098
accordance with this section.82099

       (E) The director of job and family services may adopt rules 82100
in accordance with Chapter 119. of the Revised Code as the 82101
director considers necessary to implement this section.82102

       Sec. 5111.06.  (A)(1) As used in this section and in sections 82103
5111.061 and 5111.0625111.063 of the Revised Code:82104

       (a) "Provider" means any person, institution, or entity that 82105
furnishes medicaid services under a provider agreement with the 82106
department of job and family services pursuant to Title XIX of the 82107
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as 82108
amended.82109

       (b) "Party" has the same meaning as in division (G) of 82110
section 119.01 of the Revised Code.82111

       (c) "Adjudication" has the same meaning as in division (D) of 82112
section 119.01 of the Revised Code.82113

       (2) This section does not apply to any action taken by the 82114
department of job and family services under sections 5111.35 to 82115
5111.62 of the Revised Code.82116

       (B) Except as provided in division (D) of this section and 82117
section 5111.914 of the Revised Code, the department shall do 82118
either of the following by issuing an order pursuant to an 82119
adjudication conducted in accordance with Chapter 119. of the 82120
Revised Code:82121

       (1) Enter into or refuse to enter into a provider agreement 82122
with a provider, or suspend, terminate, renew, or refuse to renew 82123
an existing provider agreement with a provider;82124

       (2) Take any action based upon a final fiscal audit of a 82125
provider.82126

       (C) Any party who is adversely affected by the issuance of an 82127
adjudication order under division (B) of this section may appeal 82128
to the court of common pleas of Franklin county in accordance with 82129
section 119.12 of the Revised Code.82130

       (D) The department is not required to comply with division 82131
(B)(1) of this section whenever any of the following occur:82132

       (1) The terms of a provider agreement require the provider to 82133
hold a license, permit, or certificate or maintain a certification 82134
issued by an official, board, commission, department, division, 82135
bureau, or other agency of state or federal government other than 82136
the department of job and family services, and the license, 82137
permit, certificate, or certification has been denied, revoked, 82138
not renewed, suspended, or otherwise limited.82139

       (2) The terms of a provider agreement require the provider to 82140
hold a license, permit, or certificate or maintain certification 82141
issued by an official, board, commission, department, division, 82142
bureau, or other agency of state or federal government other than 82143
the department of job and family services, and the provider has 82144
not obtained the license, permit, certificate, or certification.82145

       (3) The provider agreement is denied, terminated, or not 82146
renewed due to the termination, refusal to renew, or denial of a 82147
license, permit, certificate, or certification by an official, 82148
board, commission, department, division, bureau, or other agency 82149
of this state other than the department of job and family 82150
services, notwithstanding the fact that the provider may hold a 82151
license, permit, certificate, or certification from an official, 82152
board, commission, department, division, bureau, or other agency 82153
of another state.82154

       (4) The provider agreement is denied, terminated, or not 82155
renewed pursuant to division (C) or (F) of section 5111.03 of the 82156
Revised Code.82157

       (5) The provider agreement is denied, terminated, or not 82158
renewed due to the provider's termination, suspension, or 82159
exclusion from the medicare program established under Title XVIII 82160
of the "Social Security Act," or from another state's medicaid 82161
program and, in either case, the termination, suspension, or 82162
exclusion is binding on the provider's participation in the 82163
medicaid program in this state.82164

       (6) The provider agreement is denied, terminated, or not 82165
renewed due to the provider's pleading guilty to or being 82166
convicted of a criminal activity materially related to either the 82167
medicare or medicaid program.82168

       (7) The provider agreement is denied, terminated, or 82169
suspended as a result of action by the United States department of 82170
health and human services and that action is binding on the 82171
provider's participation in the medicaid program.82172

       (8) ThePursuant to either section 5111.031 or 5111.035 of 82173
the Revised Code, the provider agreement is suspended pursuant to 82174
section 5111.031 of the Revised Codeand payments to the provider 82175
are suspended pending indictment of the provider.82176

       (9) The provider agreement is denied, terminated, or not 82177
renewed because the provider or its owner, officer, authorized 82178
agent, associate, manager, or employee has been convicted of one 82179
of the offenses that caused the provider agreement to be suspended 82180
pursuant to section 5111.031 of the Revised Code.82181

       (10) The provider agreement is converted under section 82182
5111.028 of the Revised Code from a provider agreement that is not 82183
time-limited to a provider agreement that is time-limited.82184

       (11) The provider agreement is terminated or an application 82185
for re-enrollment is denied because the provider has failed to 82186
apply for re-enrollment within the time or in the manner specified 82187
for re-enrollment pursuant to section 5111.028 of the Revised 82188
Code.82189

       (12) The provider agreement is suspended or terminated, or an 82190
application for enrollment or re-enrollment is denied, for any 82191
reason authorized or required by one or more of the following: 42 82192
C.F.R. 455.106, 455.23, 455.416, 455.434, or 455.450.82193

       (13) The provider agreement is terminated or not renewed 82194
because the provider has not billed or otherwise submitted a 82195
medicaid claim to the department for two years or longer.82196

       (13)(14) The provider agreement is denied, terminated, or not 82197
renewed because the provider fails to provide to the department 82198
the national provider identifier assigned the provider by the 82199
national provider system pursuant to 45 C.F.R. 162.408.82200

       In the case of a provider described in division (D)(12)(13)82201
or (13)(14) of this section, the department may take its proposed 82202
action against a provider agreement by sending a notice explaining 82203
the proposed action to the provider. The notice shall be sent to 82204
the provider's address on record with the department. The notice 82205
may be sent by regular mail.82206

       (E) The department may withhold payments for services 82207
rendered by a medicaid provider under the medicaid program during 82208
the pendency of proceedings initiated under division (B)(1) of 82209
this section. If the proceedings are initiated under division 82210
(B)(2) of this section, the department may withhold payments only 82211
to the extent that they equal amounts determined in a final fiscal 82212
audit as being due the state. This division does not apply if the 82213
department fails to comply with section 119.07 of the Revised 82214
Code, requests a continuance of the hearing, or does not issue a 82215
decision within thirty days after the hearing is completed. This 82216
division does not apply to nursing facilities and intermediate 82217
care facilities for the mentally retarded as defined in section 82218
5111.20 of the Revised Code.82219

       Sec. 5111.063.  For the purpose of raising funds necessary to 82220
pay the expenses of implementing the provider screening 82221
requirements of subpart E of 42 C.F.R. Part 455, the department of 82222
job and family services shall charge an application fee to a 82223
provider seeking to enter into or renew a medicaid provider 82224
agreement, unless the provider is exempt from paying the 82225
application fee under 42 C.F.R. 455.460(a). The application fees 82226
shall be deposited into the health care services administration 82227
fund created under section 5111.94 of the Revised Code.82228

       The director of job and family services shall adopt rules in 82229
accordance with Chapter 119. of the Revised Code as necessary to 82230
implement this section, including a rule establishing the amount 82231
of the application fee that is charged under this section. The 82232
amount of the application fee shall not be set at an amount that 82233
is more than necessary to pay for the expenses of implementing the 82234
provider screening requirements.82235

       Sec. 5111.085.  As used in this section, "federal upper 82236
reimbursement limit" means the limit established pursuant to 82237
section 1927(e) of the "Social Security Act," 104 Stat. 1388-151 82238
(1990), 42 U.S.C. 1396r-8(e), as amended.82239

       The medicaid payment for a drug that is subject to a federal 82240
upper reimbursement limit shall not exceed, in the aggregate, the 82241
federal upper reimbursement limit for the drug. The director of 82242
job and family services shall adopt rules under section 5111.02 of 82243
the Revised Code as necessary to implement this section.82244

       Sec. 5111.113.  (A) As used in this section:82245

       (1) "Adult care facility" has the same meaning as in section 82246
3722.015119.70 of the Revised Code.82247

       (2) "Commissioner" means a person appointed by a probate 82248
court under division (B) of section 2113.03 of the Revised Code to 82249
act as a commissioner.82250

       (3) "Home" has the same meaning as in section 3721.10 of the 82251
Revised Code.82252

       (4) "Personal needs allowance account" means an account or 82253
petty cash fund that holds the money of a resident of an adult 82254
care facility or home and that the facility or home manages for 82255
the resident.82256

       (B) Except as provided in divisions (C) and (D) of this 82257
section, the owner or operator of an adult care facility or home 82258
shall transfer to the department of job and family services the 82259
money in the personal needs allowance account of a resident of the 82260
facility or home who was a recipient of the medical assistance 82261
program no earlier than sixty days but not later than ninety days 82262
after the resident dies. The adult care facility or home shall 82263
transfer the money even though the owner or operator of the 82264
facility or home has not been issued letters testamentary or 82265
letters of administration concerning the resident's estate.82266

       (C) If funeral or burial expenses for a resident of an adult 82267
care facility or home who has died have not been paid and the only 82268
resource the resident had that could be used to pay for the 82269
expenses is the money in the resident's personal needs allowance 82270
account, or all other resources of the resident are inadequate to 82271
pay the full cost of the expenses, the money in the resident's 82272
personal needs allowance account shall be used to pay for the 82273
expenses rather than being transferred to the department of job 82274
and family services pursuant to division (B) of this section.82275

       (D) If, not later than sixty days after a resident of an 82276
adult care facility or home dies, letters testamentary or letters 82277
of administration are issued, or an application for release from 82278
administration is filed under section 2113.03 of the Revised Code, 82279
concerning the resident's estate, the owner or operator of the 82280
facility or home shall transfer the money in the resident's 82281
personal needs allowance account to the administrator, executor, 82282
commissioner, or person who filed the application for release from 82283
administration.82284

       (E) The transfer or use of money in a resident's personal 82285
needs allowance account in accordance with division (B), (C), or 82286
(D) of this section discharges and releases the adult care 82287
facility or home, and the owner or operator of the facility or 82288
home, from any claim for the money from any source.82289

       (F) If, sixty-one or more days after a resident of an adult 82290
care facility or home dies, letters testamentary or letters of 82291
administration are issued, or an application for release from 82292
administration under section 2113.03 of the Revised Code is filed, 82293
concerning the resident's estate, the department of job and family 82294
services shall transfer the funds to the administrator, executor, 82295
commissioner, or person who filed the application, unless the 82296
department is entitled to recover the money under the medicaid 82297
estate recovery program instituted under section 5111.11 of the 82298
Revised Code.82299

       Sec. 5111.13.  (A) As used in this section, "cost-effective" 82300
and "group health plan" have the same meanings as in section 1906 82301
of the "Social Security Act," 49104 Stat. 620 (1935)1388-161 82302
(1990), 42 U.S.C.A. 1396e, as amended, and any regulations adopted 82303
under that section.82304

       (B) The department of job and family services, pursuant to 82305
guidelines issued bymay submit a medicaid state plan amendment to82306
the United States secretary of health and human services, shall 82307
identify cases in which enrollment of an individual otherwise 82308
eligible for medical assistance under this chapter in a group 82309
health plan in which the individual is eligible to enroll and 82310
payment of the individual's premiums, deductibles, coinsurance, 82311
and other cost-sharing expenses is cost effective.82312

       The department shall require, as a condition of eligibility 82313
for medical assistance, individuals identified under this 82314
division, or in the case of a child, the child's parent, to apply 82315
for enrollment in the group health plan, except that the failure 82316
of a parent to enroll self or the parent's child in a group health 82317
plan does not affect the child's eligibility under the medical 82318
assistance program.82319

       The department shall pay enrollee premiums and deductibles, 82320
coinsurance, and other cost-sharing obligations for services and 82321
items otherwise covered under the medical assistance program. The 82322
department shall treat coverage under the group health plan in the 82323
same manner as any other third-party liability under the program. 82324
If not all members of a family are eligible for medical assistance 82325
and enrollment of the eligible members in a group health plan is 82326
not possible without also enrolling the members who are ineligible 82327
for medical assistance, the department shall pay the premiums for 82328
the ineligible members if the payments are cost effective. The 82329
department shall not pay deductibles, coinsurance, or other 82330
cost-sharing obligations of enrolled members who are not eligible 82331
for medical assistance.82332

       The department may make payments under this section to 82333
employers, insurers, or other entities. The department may make 82334
the payments without entering into a contract with employers, 82335
insurers, or other entities.82336

       (C) To the extent permitted by federal law and regulations, 82337
the department of job and family services shall coordinate the 82338
medical assistance program with group health plans in such a 82339
manner that the medical assistance program serves as a supplement 82340
to the group health plans. In its coordination efforts, the 82341
department shall consider cost-effectiveness and quality of care. 82342
The department may enter into agreements with group health plans 82343
as necessary to implement this divisionfor the purpose of 82344
implementing a program pursuant to section 1906 of the "Social 82345
Security Act," 104 Stat. 1388-161 (1990), 42 U.S.C. 1396e, as 82346
amended, for the enrollment of medicaid-eligible individuals in 82347
group health plans when the department determines that enrollment 82348
is cost-effective.82349

       (D)(C) The director of job and family services shallmay82350
adopt rules in accordance with Chapter 119. of the Revised Code as 82351
necessary to implement this section.82352

       Sec. 5111.14. The director of job and family services may 82353
submit to the United States secretary of health and human services 82354
an amendment to the medicaid state plan in order to implement 82355
within the medicaid program a system under which medicaid 82356
recipients with chronic conditions are provided with coordinated 82357
care through health homes, as authorized by section 1945 of the 82358
"Social Security Act," 124 Stat. 319 (2010), 42 U.S.C. 1396w-4.82359

       The director may adopt rules under section 5111.02 of the 82360
Revised Code to implement this section.82361

       Sec. 5111.14.        Sec. 5111.141.  The department of job and family 82362
services may require county departments of job and family services 82363
to provide case management of nonemergency transportation services 82364
provided under the medical assistance program. County departments 82365
shall provide the case management if required by the department in 82366
accordance with rules adopted by the director of job and family 82367
services.82368

       The department shall determine, for the purposes of claiming 82369
federal reimbursement under the medical assistance program, 82370
whether it will claim expenditures for nonemergency transportation 82371
services as administrative or program expenditures.82372

       Sec. 5111.151. (A)(1) This section applies only to either of 82373
the following:82374

       (a) Initial eligibility determinations for all cases 82375
involving medicaid provided pursuant to this chapter, qualified 82376
medicare beneficiaries, specified low-income medicare 82377
beneficiaries, qualifying individuals-1, qualifying individuals-2, 82378
and medical assistance for covered families and childrenthe 82379
medicaid program made by the director of job and family services 82380
pursuant to section 5101.47 of the Revised Code or by a county 82381
department of job and family services pursuant to section 5111.012 82382
of the Revised Code;82383

       (b) An appeal from a determination described in division 82384
(A)(1)(a) of this section pursuant to section 5101.35 of the 82385
Revised Code. 82386

       (2)(a) Except as provided in division (A)(2)(b) of this 82387
section, this section shall not be used by a court to determine 82388
the effect of a trust on an individual's initial eligibility for 82389
the medicaid program. 82390

       (b) The prohibition in division (A)(2)(a) of this section 82391
does not apply to an appeal described in division (A)(1)(b) of 82392
this section.82393

        (B) As used in this section:82394

        (1) "Trust" means any arrangement in which a grantor 82395
transfers real or personal property to a trust with the intention 82396
that it be held, managed, or administered by at least one trustee 82397
for the benefit of the grantor or beneficiaries. "Trust" includes 82398
any legal instrument or device similar to a trust.82399

        (2) "Legal instrument or device similar to a trust" includes, 82400
but is not limited to, escrow accounts, investment accounts, 82401
partnerships, contracts, and other similar arrangements that are 82402
not called trusts under state law but are similar to a trust and 82403
to which all of the following apply:82404

        (a) The property in the trust is held, managed, retained, or 82405
administered by a trustee.82406

        (b) The trustee has an equitable, legal, or fiduciary duty to 82407
hold, manage, retain, or administer the property for the benefit 82408
of the beneficiary.82409

        (c) The trustee holds identifiable property for the 82410
beneficiary.82411

        (3) "Grantor" is a person who creates a trust, including all 82412
of the following:82413

        (a) An individual;82414

        (b) An individual's spouse;82415

        (c) A person, including a court or administrative body, with 82416
legal authority to act in place of or on behalf of an individual 82417
or an individual's spouse;82418

        (d) A person, including a court or administrative body, that 82419
acts at the direction or on request of an individual or the 82420
individual's spouse.82421

        (4) "Beneficiary" is a person or persons, including a 82422
grantor, who benefits in some way from a trust.82423

        (5) "Trustee" is a person who manages a trust's principal and 82424
income for the benefit of the beneficiaries.82425

        (6) "Person" has the same meaning as in section 1.59 of the 82426
Revised Code and includes an individual, corporation, business 82427
trust, estate, trust, partnership, and association.82428

        (7) "Applicant" is an individual who applies for medicaid or 82429
the individual's spouse.82430

        (8) "Recipient" is an individual who receives medicaid or the 82431
individual's spouse.82432

        (9) "Revocable trust" is a trust that can be revoked by the 82433
grantor or the beneficiary, including all of the following, even 82434
if the terms of the trust state that it is irrevocable:82435

        (a) A trust that provides that the trust can be terminated 82436
only by a court;82437

        (b) A trust that terminates on the happening of an event, but 82438
only if the event occurs at the direction or control of the 82439
grantor, beneficiary, or trustee.82440

        (10) "Irrevocable trust" is a trust that cannot be revoked by 82441
the grantor or terminated by a court and that terminates only on 82442
the occurrence of an event outside of the control or direction of 82443
the beneficiary or grantor.82444

        (11) "Payment" is any disbursal from the principal or income 82445
of the trust, including actual cash, noncash or property 82446
disbursements, or the right to use and occupy real property.82447

        (12) "Payments to or for the benefit of the applicant or 82448
recipient" is a payment to any person resulting in a direct or 82449
indirect benefit to the applicant or recipient.82450

        (13) "Testamentary trust" is a trust that is established by a 82451
will and does not take effect until after the death of the person 82452
who created the trust.82453

        (C)(1) If an applicant or recipient is a beneficiary of a 82454
trust, the county department of job and family services shall 82455
determine what type of trust it is and shall treat the trust in 82456
accordance with the appropriate provisions of this section and 82457
rules adopted by the department of job and family services 82458
governing trusts. The county department of job and family services 82459
may determine that the trust or portion of the trust is one of the 82460
following:82461

       (1) A countable(a) Is a resource available to the applicant 82462
or recipient;82463

       (2) Countable(b) Contains income available to the applicant 82464
or recipient;82465

       (3) A countable resource and countable income(c) Constitutes 82466
both items described in divisions (C)(1)(a) and (b) of this 82467
section;82468

       (4) Not a countable resource or countable income(d) Is 82469
neither an item described in division (C)(1)(a) nor (C)(1)(b) of 82470
this section.82471

       (2) Except as provided in division (F) of this section, a 82472
trust or portion of a trust that is a resource available to the 82473
applicant or recipient or contains income available to the 82474
applicant or recipient shall be counted for purposes of 82475
determining medicaid eligibility.82476

        (D)(1) A trust or legal instrument or device similar to a 82477
trust shall be considered a medicaid qualifying trust if all of 82478
the following apply:82479

       (a) The trust was established on or prior to August 10, 1993.82480

       (b) The trust was not established by a will.82481

       (c) The trust was established by an applicant or recipient.82482

       (d) The applicant or recipient is or may become the 82483
beneficiary of all or part of the trust.82484

       (e) Payment from the trust is determined by one or more 82485
trustees who are permitted to exercise any discretion with respect 82486
to the distribution to the applicant or recipient.82487

       (2) If a trust meets the requirement of division (D)(1) of 82488
this section, the amount of the trust that is considered by the 82489
county department of job and family services as an availableto be 82490
a resource available to the applicant or recipient shall be the 82491
maximum amount of payments permitted under the terms of the trust 82492
to be distributed to the applicant or recipient, assuming the full 82493
exercise of discretion by the trustee or trustees. The maximum 82494
amount shall include only amounts that are permitted to be 82495
distributed but are not distributed from either the income or 82496
principal of the trust.82497

       (3) Amounts that are actually distributed from a medicaid 82498
qualifying trust to a beneficiary for any purpose shall be treated 82499
in accordance with rules adopted by the department of job and 82500
family services governing income.82501

       (4) Availability of a medicaid qualifying trust shall be 82502
considered without regard to any of the following:82503

       (a) Whether or not the trust is irrevocable or was 82504
established for purposes other than to enable a grantor to qualify 82505
for medicaid, medical assistance for covered families and 82506
children, or as a qualified medicare beneficiary, specified 82507
low-income medicare beneficiary, qualifying individual-1, or 82508
qualifying individual-2;82509

       (b) Whether or not the trustee actually exercises discretion.82510

       (5) If any real or personal property is transferred to a 82511
medicaid qualifying trust that is not distributable to the 82512
applicant or recipient, the transfer shall be considered an 82513
improper disposition of assets and shall be subject to section 82514
5111.0116 of the Revised Code and rules to implement that section 82515
adopted under section 5111.011 of the Revised Code.82516

       (6) The baseline date for the look-back period for 82517
disposition of assets involving a medicaid qualifying trust shall 82518
be the date on which the applicant or recipient is both 82519
institutionalized and first applies for medicaid.82520

       (E)(1) A trust or legal instrument or device similar to a 82521
trust shall be considered a self-settled trust if all of the 82522
following apply:82523

        (a) The trust was established on or after August 11, 1993.82524

        (b) The trust was not established by a will.82525

        (c) The trust was established by an applicant or recipient, 82526
spouse of an applicant or recipient, or a person, including a 82527
court or administrative body, with legal authority to act in place 82528
of or on behalf of an applicant, recipient, or spouse, or acting 82529
at the direction or on request of an applicant, recipient, or 82530
spouse.82531

        (2) A trust that meets the requirements of division (E)(1) of 82532
this section and is a revocable trust shall be treated by the 82533
county department of job and family services as follows:82534

        (a) The corpus of the trust shall be considered a resource 82535
available to the applicant or recipient.82536

        (b) Payments from the trust to or for the benefit of the 82537
applicant or recipient shall be considered unearned income of the 82538
applicant or recipient.82539

        (c) Any other payments from the trust shall be considered an 82540
improper disposition of assets and shall be subject to section 82541
5111.0116 of the Revised Code and rules to implement that section 82542
adopted under section 5111.011 of the Revised Code.82543

        (3) A trust that meets the requirements of division (E)(1) of 82544
this section and is an irrevocable trust shall be treated by the 82545
county department of job and family services as follows:82546

        (a) If there are any circumstances under which payment from 82547
the trust could be made to or for the benefit of the applicant or 82548
recipient, including a payment that can be made only in the 82549
future, the portion from which payments could be made shall be 82550
considered a resource available to the applicant or recipient. The 82551
county department of job and family services shall not take into 82552
account when payments can be made.82553

        (b) Any payment that is actually made to or for the benefit 82554
of the applicant or recipient from either the corpus or income 82555
shall be considered unearned income.82556

        (c) If a payment is made to someone other than to the 82557
applicant or recipient and the payment is not for the benefit of 82558
the applicant or recipient, the payment shall be considered an 82559
improper disposition of assets and shall be subject to section 82560
5111.0116 of the Revised Code and rules to implement that section 82561
adopted under section 5111.011 of the Revised Code.82562

        (d) The date of the disposition shall be the later of the 82563
date of establishment of the trust or the date of the occurrence 82564
of the event.82565

        (e) When determining the value of the disposed asset under 82566
this provision, the value of the trust shall be its value on the 82567
date payment to the applicant or recipient was foreclosed.82568

        (f) Any income earned or other resources added subsequent to 82569
the foreclosure date shall be added to the total value of the 82570
trust.82571

        (g) Any payments to or for the benefit of the applicant or 82572
recipient after the foreclosure date but prior to the application 82573
date shall be subtracted from the total value. Any other payments 82574
shall not be subtracted from the value.82575

        (h) Any addition of assets after the foreclosure date shall 82576
be considered a separate disposition.82577

        (4) If a trust is funded with assets of another person or 82578
persons in addition to assets of the applicant or recipient, the 82579
applicable provisions of this section and rules adopted by the 82580
department of job and family services governing trusts shall apply 82581
only to the portion of the trust attributable to the applicant or 82582
recipient.82583

        (5) The availability of a self-settled trust shall be 82584
considered without regard to any of the following:82585

        (a) The purpose for which the trust is established;82586

        (b) Whether the trustees have exercised or may exercise 82587
discretion under the trust;82588

        (c) Any restrictions on when or whether distributions may be 82589
made from the trust;82590

        (d) Any restrictions on the use of distributions from the 82591
trust.82592

        (6) The baseline date for the look-back period for 82593
dispositions of assets involving a self-settled trust shall be the 82594
date on which the applicant or recipient is both institutionalized 82595
and first applies for medicaid.82596

        (F) The principal or income from any of the following shall 82597
be exempt from being counted asnot be a resource by a county 82598
department of job and family servicesavailable to the applicant 82599
or recipient:82600

        (1)(a) A special needs trust that meets all of the following 82601
requirements:82602

        (i) The trust contains assets of an applicant or recipient 82603
under sixty-five years of age and may contain the assets of other 82604
individuals.82605

        (ii) The applicant or recipient is disabled as defined in 82606
rules adopted by the department of job and family services.82607

        (iii) The trust is established for the benefit of the 82608
applicant or recipient by a parent, grandparent, legal guardian, 82609
or a court.82610

        (iv) The trust requires that on the death of the applicant or 82611
recipient the state will receive all amounts remaining in the 82612
trust up to an amount equal to the total amount of medicaid paid 82613
on behalf of the applicant or recipient.82614

        (b) If a special needs trust meets the requirements of 82615
division (F)(1)(a) of this section and has been established for a 82616
disabled applicant or recipient under sixty-five years of age, the 82617
exemption for the trust granted pursuant to division (F) of this 82618
section shall continue after the disabled applicant or recipient 82619
becomes sixty-five years of age if the applicant or recipient 82620
continues to be disabled as defined in rules adopted by the 82621
department of job and family services. Except for income earned by 82622
the trust, the grantor shall not add to or otherwise augment the 82623
trust after the applicant or recipient attains sixty-five years of 82624
age. An addition or augmentation of the trust by the applicant or 82625
recipient with the applicant's own assets after the applicant or 82626
recipient attains sixty-five years of age shall be treated as an 82627
improper disposition of assets.82628

        (c) Cash distributions to the applicant or recipient shall be 82629
counted as unearned income. All other distributions from the trust 82630
shall be treated as provided in rules adopted by the department of 82631
job and family services governing in-kind income.82632

        (d) Transfers of assets to a special needs trust shall not be 82633
treated as an improper transfer of resources. AssetsAn Asset held 82634
prior to the transfer to the trust shall be considered as 82635
countable assets or countablea resource available to the 82636
applicant or recipient, income available to the applicant or 82637
recipient, or countable assetsboth a resource and income 82638
available to the individual.82639

        (2)(a) A qualifying income trust that meets all of the 82640
following requirements:82641

        (i) The trust is composed only of pension, social security, 82642
and other income to the applicant or recipient, including 82643
accumulated interest in the trust.82644

        (ii) The income is received by the individual and the right 82645
to receive the income is not assigned or transferred to the trust.82646

        (iii) The trust requires that on the death of the applicant 82647
or recipient the state will receive all amounts remaining in the 82648
trust up to an amount equal to the total amount of medicaid paid 82649
on behalf of the applicant or recipient.82650

        (b) No resources shall be used to establish or augment the 82651
trust.82652

        (c) If an applicant or recipient has irrevocably transferred 82653
or assigned the applicant's or recipient's right to receive income 82654
to the trust, the trust shall not be considered a qualifying 82655
income trust by the county department of job and family services.82656

        (d) Income placed in a qualifying income trust shall not be 82657
counted in determining an applicant's or recipient's eligibility 82658
for medicaid. The recipient of the funds may place any income 82659
directly into a qualifying income trust without those funds 82660
adversely affecting the applicant's or recipient's eligibility for 82661
medicaid. Income generated by the trust that remains in the trust 82662
shall not be considered as income to the applicant or recipient.82663

        (e) All income placed in a qualifying income trust shall be 82664
combined with any countable income available to the individual 82665
that is not placed in the trust to arrive at a base income figure 82666
to be used for spend down calculations.82667

        (f) The base income figure shall be used for post-eligibility 82668
deductions, including personal needs allowance, monthly income 82669
allowance, family allowance, and medical expenses not subject to 82670
third party payment. Any income remaining shall be used toward 82671
payment of patient liability. Payments made from a qualifying 82672
income trust shall not be combined with the base income figure for 82673
post-eligibility calculations.82674

        (g) The base income figure shall be used when determining the 82675
spend down budget for the applicant or recipient. Any income 82676
remaining after allowable deductions are permitted as provided 82677
under rules adopted by the department of job and family services 82678
shall be considered the applicant's or recipient's spend down 82679
liability.82680

        (3)(a) A pooled trust that meets all of the following 82681
requirements:82682

        (i) The trust contains the assets of the applicant or 82683
recipient of anyunder sixty-five years of age who is disabled as 82684
defined in rules adopted by the department of job and family 82685
services.82686

        (ii) The trust is established and managed by a nonprofit 82687
association.82688

        (iii) A separate account is maintained for each beneficiary 82689
of the trust but, for purposes of investment and management of 82690
funds, the trust pools the funds in these accounts.82691

        (iv) Accounts in the trust are established by the applicant 82692
or recipient, the applicant's or recipient's parent, grandparent, 82693
or legal guardian, or a court solely for the benefit of 82694
individuals who are disabled.82695

        (v) The trust requires that, to the extent that any amounts 82696
remaining in the beneficiary's account on the death of the 82697
beneficiary are not retained by the trust, the trust pay to the 82698
state the amounts remaining in the trust up to an amount equal to 82699
the total amount of medicaid paid on behalf of the beneficiary.82700

        (b) Cash distributions to the applicant or recipient shall be 82701
counted as unearned income. All other distributions from the trust 82702
shall be treated as provided in rules adopted by the department of 82703
job and family services governing in-kind income.82704

        (c) Transfers of assets to a pooled trust shall not be 82705
treated as an improper disposition of assets. AssetsAn asset held 82706
prior to the transfer to the trust shall be considered as 82707
countable assets, countablea resource available to the applicant 82708
or recipient, income available to the applicant or recipient, or 82709
countable assetsboth a resource and income available to the 82710
applicant or recipient.82711

        (4) A supplemental services trust that meets the requirements 82712
of section 5815.28 of the Revised Code and to which all of the 82713
following apply:82714

        (a) A person may establish a supplemental services trust 82715
pursuant to section 5815.28 of the Revised Code only for another 82716
person who is eligible to receive services through one of the 82717
following agencies:82718

        (i) The department of developmental disabilities;82719

        (ii) A county board of developmental disabilities;82720

        (iii) The department of mental health;82721

        (iv) A board of alcohol, drug addiction, and mental health 82722
services.82723

        (b) A county department of job and family services shall not 82724
determine eligibility for another agency's program. An applicant 82725
or recipient shall do one of the following:82726

        (i) Provide documentation from one of the agencies listed in 82727
division (F)(4)(a) of this section that establishes that the 82728
applicant or recipient was determined to be eligible for services 82729
from the agency at the time of the creation of the trust;82730

        (ii) Provide an order from a court of competent jurisdiction 82731
that states that the applicant or recipient was eligible for 82732
services from one of the agencies listed in division (F)(4)(a) of 82733
this section at the time of the creation of the trust.82734

        (c) At the time the trust is created, the trust principal 82735
does not exceed the maximum amount permitted. The maximum amount 82736
permitted in calendar year 2006 is two hundred twenty-two thousand 82737
dollars. Each year thereafter, the maximum amount permitted is the 82738
prior year's amount plus two thousand dollars.82739

        (d) A county department of job and family services shall 82740
review the trust to determine whether it complies with the 82741
provisions of section 5815.28 of the Revised Code.82742

        (e) Payments from supplemental services trusts shall be 82743
exempt as long as the payments are for supplemental services as 82744
defined in rules adopted by the department of job and family 82745
services. All supplemental services shall be purchased by the 82746
trustee and shall not be purchased through direct cash payments to 82747
the beneficiary.82748

        (f) If a trust is represented as a supplemental services 82749
trust and a county department of job and family services 82750
determines that the trust does not meet the requirements provided 82751
in division (F)(4) of this section and section 5815.28 of the 82752
Revised Code, the county department of job and family services 82753
shall not consider it an exempt trust.82754

        (G)(1) A trust or legal instrument or device similar to a 82755
trust shall be considered a trust established by an individual for 82756
the benefit of the applicant or recipient if all of the following 82757
apply:82758

        (a) The trust is created by a person other than the applicant 82759
or recipient.82760

        (b) The trust names the applicant or recipient as a 82761
beneficiary.82762

        (c) The trust is funded with assets or property in which the 82763
applicant or recipient has never held an ownership interest prior 82764
to the establishment of the trust.82765

        (2) Any portion of a trust that meets the requirements of 82766
division (G)(1) of this section shall be an availablea resource 82767
available to the applicant or recipient only if the trust permits 82768
the trustee to expend principal, corpus, or assets of the trust 82769
for the applicant's or recipient's medical care, care, comfort, 82770
maintenance, health, welfare, general well being, or any 82771
combination of these purposes.82772

        (3) A trust that meets the requirements of division (G)(1) of 82773
this section shall be considered an availablea resource available 82774
to the applicant or recipient even if the trust contains any of 82775
the following types of provisions:82776

        (a) A provision that prohibits the trustee from making 82777
payments that would supplant or replace medicaid or other public 82778
assistance;82779

        (b) A provision that prohibits the trustee from making 82780
payments that would impact or have an effect on the applicant's or 82781
recipient's right, ability, or opportunity to receive medicaid or 82782
other public assistance;82783

        (c) A provision that attempts to prevent the trust or its 82784
corpus or principal from being counted as an availablea resource 82785
available to the applicant or recipient.82786

        (4) A trust that meets the requirements of division (G)(1) of 82787
this section shall not be counted as an availablea resource 82788
available to the applicant or recipient if at least one of the 82789
following circumstances applies:82790

        (a) If a trust contains a clear statement requiring the 82791
trustee to preserve a portion of the trust for another beneficiary 82792
or remainderman, that portion of the trust shall not be counted as 82793
an availablea resource available to the applicant or recipient. 82794
Terms of a trust that grant discretion to preserve a portion of 82795
the trust shall not qualify as a clear statement requiring the 82796
trustee to preserve a portion of the trust.82797

        (b) If a trust contains a clear statement requiring the 82798
trustee to use a portion of the trust for a purpose other than 82799
medical care, care, comfort, maintenance, welfare, or general well 82800
being of the applicant or recipient, that portion of the trust 82801
shall not be counted as an availablea resource available to the 82802
applicant or recipient. Terms of a trust that grant discretion to 82803
limit the use of a portion of the trust shall not qualify as a 82804
clear statement requiring the trustee to use a portion of the 82805
trust for a particular purpose.82806

        (c) If a trust contains a clear statement limiting the 82807
trustee to making fixed periodic payments, the trust shall not be 82808
counted as an availablea resource available to the applicant or 82809
recipient and payments shall be treated in accordance with rules 82810
adopted by the department of job and family services governing 82811
income. Terms of a trust that grant discretion to limit payments 82812
shall not qualify as a clear statement requiring the trustee to 82813
make fixed periodic payments.82814

        (d) If a trust contains a clear statement that requires the 82815
trustee to terminate the trust if it is counted as an availablea82816
resource available to the applicant or recipient, the trust shall 82817
not be counted as an available resourcesuch. Terms of a trust 82818
that grant discretion to terminate the trust do not qualify as a 82819
clear statement requiring the trustee to terminate the trust.82820

        (e) If a person obtains a judgment from a court of competent 82821
jurisdiction that expressly prevents the trustee from using part 82822
or all of the trust for the medical care, care, comfort, 82823
maintenance, welfare, or general well being of the applicant or 82824
recipient, the trust or that portion of the trust subject to the 82825
court order shall not be counted as a resource available to the 82826
applicant or recipient.82827

        (f) If a trust is specifically exempt from being counted as 82828
an availablea resource available to the applicant or recipient by 82829
a provision of the Revised Code, rules, or federal law, the trust 82830
shall not be counted as a resourcesuch.82831

        (g) If an applicant or recipient presents a final judgment 82832
from a court demonstrating that the applicant or recipient was 82833
unsuccessful in a civil action against the trustee to compel 82834
payments from the trust, the trust shall not be counted as an 82835
availablea resource available to the applicant or recipient.82836

        (h) If an applicant or recipient presents a final judgment 82837
from a court demonstrating that in a civil action against the 82838
trustee the applicant or recipient was only able to compel limited 82839
or periodic payments, the trust shall not be counted as an 82840
availablea resource available to the applicant or recipient and 82841
payments shall be treated in accordance with rules adopted by the 82842
department of job and family services governing income.82843

        (i) If an applicant or recipient provides written 82844
documentation showing that the cost of a civil action brought to 82845
compel payments from the trust would be cost prohibitive, the 82846
trust shall not be counted as an availablea resource available to 82847
the applicant or recipient.82848

        (5) Any actual payments to the applicant or recipient from a 82849
trust that meet the requirements of division (G)(1) of this 82850
section, including trusts that are not counted as an availablea82851
resource available to the applicant or recipient, shall be treated 82852
as provided in rules adopted by the department of job and family 82853
services governing income. Payments to any person other than the 82854
applicant or recipient shall not be considered income to the 82855
applicant or recipient. Payments from the trust to a person other 82856
than the applicant or recipient shall not be considered an 82857
improper disposition of assets.82858

       Sec. 5111.16. (A) As part of the medicaid program, the 82859
department of job and family services shall establish a care 82860
management system. The department shall submit, if necessary, 82861
applications to the United States department of health and human 82862
services for waivers of federal medicaid requirements that would 82863
otherwise be violated in the implementation of the system.82864

       (B) The department shall implement the care management system 82865
in some or all counties and shall designate the medicaid 82866
recipients who are required or permitted to participate in the 82867
system. In the department's implementation of the system and 82868
designation of participants, all of the following apply:82869

       (1) In the case of individuals who receive medicaid on the 82870
basis of being included in the category identified by the 82871
department as covered families and children, the department shall 82872
implement the care management system in all counties. All 82873
individuals included in the category shall be designated for 82874
participation, except for individuals included in one or more of 82875
the medicaid recipient groups specified in 42 C.F.R. 438.50(d). 82876
The department shall ensure that all participants are enrolled in 82877
health insuring corporations under contract with the department 82878
pursuant to section 5111.17 of the Revised Code.82879

       (2) In the case of individuals who receive medicaid on the 82880
basis of being aged, blind, or disabled, as specified in division 82881
(A)(2) of section 5111.01 of the Revised Code, the department 82882
shall implement the care management system in all counties. All82883
Except as provided in division (C) of this section, all82884
individuals included in the category shall be designated for 82885
participation, except for the individuals specified in divisions 82886
(B)(2)(a) to (e) of this section. The department shall ensure that 82887
all participants are enrolled in health insuring corporations 82888
under contract with the department pursuant to section 5111.17 of 82889
the Revised Code.82890

       In(3) Alcohol, drug addiction, and mental health services 82891
covered by medicaid shall not be included in any component of the 82892
care management system when the nonfederal share of the cost of 82893
those services is provided by a board of alcohol, drug addiction, 82894
and mental health services or a state agency other than the 82895
department of job and family services, but the recipients of those 82896
services may otherwise be designated for participation in the 82897
system.82898

        (C)(1) In designating participants who receive medicaid on 82899
the basis of being aged, blind, or disabled, the department shall 82900
not include any of the following, except as provided under 82901
division (C)(2) of this section:82902

        (a) Individuals who are under twenty-one years of age;82903

        (b) Individuals who are institutionalized;82904

        (c) Individuals who become eligible for medicaid by spending 82905
down their income or resources to a level that meets the medicaid 82906
program's financial eligibility requirements;82907

        (d) Individuals who are dually eligible under the medicaid 82908
program and the medicare program established under Title XVIII of 82909
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as 82910
amended;82911

        (e) Individuals to the extent that they are receiving 82912
medicaid services through a medicaid waiver component, as defined 82913
in section 5111.85 of the Revised Code.82914

       (3) Alcohol, drug addiction, and mental health services 82915
covered by medicaid shall not be included in any component of the 82916
care management system when the nonfederal share of the cost of 82917
those services is provided by a board of alcohol, drug addiction, 82918
and mental health services or a state agency other than the 82919
department of job and family services, but the recipients of those 82920
services may otherwise be designated for participation in the 82921
system.82922

        (C)(2) If any necessary waiver of federal medicaid 82923
requirements is granted, the department may designate any of the 82924
following individuals who receive medicaid on the basis of being 82925
aged, blind, or disabled as individuals who are permitted or 82926
required to participate in the care management system:82927

       (a) Individuals who are under twenty-one years of age;82928

        (b) Individuals who reside in a nursing facility, as defined 82929
in section 5111.20 of the Revised Code;82930

       (c) Individuals who, as an alternative to receiving nursing 82931
facility services, are participating in a home and community-based 82932
services medicaid waiver component, as defined in section 5111.85 82933
of the Revised Code;82934

       (d) Individuals who are dually eligible under the medicaid 82935
program and the medicare program.82936

       (D) Subject to division (B) of this section, the department 82937
may do both of the following under the care management system:82938

       (1) Require or permit participants in the system to obtain 82939
health care services from providers designated by the department;82940

       (2) Require or permit participants in the system to obtain 82941
health care services through managed care organizations under 82942
contract with the department pursuant to section 5111.17 of the 82943
Revised Code.82944

       (D)(E)(1) The department shall prepare an annual report on 82945
the care management system. The report shall address the 82946
department's ability to implement the system, including all of the 82947
following components:82948

        (a) The required designation of participants included in the 82949
category identified by the department as covered families and 82950
children;82951

       (b) The required designation of participants included in the 82952
aged, blind, or disabled category of medicaid recipients;82953

       (c) The use of any programs for enhanced care management.82954

       (2) The department shall submit each annual report to the 82955
general assembly. The first report shall be submitted not later 82956
than October 1, 2007.82957

       (E)(F) The director of job and family services may adopt 82958
rules in accordance with Chapter 119. of the Revised Code to 82959
implement this section.82960

       Sec. 5111.161.  (A) This section applies if the department of 82961
job and family services includes in the care management system, 82962
pursuant to section 5111.16 of the Revised Code, individuals who 82963
are under twenty-one years of age and are included in the category 82964
of individuals who receive medicaid on the basis of being aged, 82965
blind, or disabled, as specified in division (A)(2) of section 82966
5111.01 of the Revised Code.82967

       (B) For the purpose of developing a system for the provision 82968
of care management services to the individuals under twenty-one 82969
years of age specified in division (A) of this section, the 82970
department may do either or both of the following:82971

       (1) Enter into contracts with entities to serve as pediatric 82972
accountable care organizations;82973

       (2) Require that a managed care organization under contract 82974
with the department pursuant to section 5111.17 of the Revised 82975
Code enter into a subcontract with an entity to provide the care 82976
management services, subject to the entity meeting the 82977
subcontracting criteria established in rules adopted under this 82978
section.82979

       (C) On determining that an entity seeking a contract to serve 82980
as a pediatric accountable care organization meets the criteria 82981
established in rules adopted under this section, the department 82982
may contract with the entity to serve in that capacity. The 82983
department's determination of whether to enter into a contract 82984
with the entity shall be based on evidence or other documentation 82985
submitted by the entity, as required by the department under rules 82986
adopted under this section.82987

       The department's determination to refuse to enter into a 82988
contract with an entity may not be appealed. An entity that is 82989
denied a contract may seek another contract to serve as a 82990
pediatric accountable care organization, but not earlier than six 82991
months after the most recent contract denial.82992

       (D) The department shall adopt rules as necessary to 82993
implement this section. The rules shall be adopted in accordance 82994
with Chapter 119. of the Revised Code. In adopting the rules, the 82995
department shall specify the following:82996

       (1) The minimum criteria that an entity must meet to qualify 82997
for a contract with the department to serve as a pediatric 82998
accountable care organization, including criteria that 82999
incorporates the minimum criteria established by federal law;83000

       (2) The evidence or other documentation that an entity must 83001
submit to the department when seeking a contract to serve as an 83002
accountable care organization;83003

       (3) The minimum criteria that an entity must meet to qualify 83004
for a subcontract with a managed care organization to provide care 83005
management services to the individuals under twenty-one years of 83006
age specified in division (A) of this section who are enrolled in 83007
the organization.83008

       (E) If the department does not adopt rules under division (D) 83009
of this section on or before July 1, 2012, both of the following 83010
apply until the department adopts those rules:83011

       (1) Each managed care organization under contract with the 83012
department pursuant to section 5111.17 of the Revised Code shall 83013
subcontract with an entity the organization selects to provide 83014
care management services for the individuals specified in division 83015
(A) of this section under twenty-one years of age who are enrolled 83016
in the organization;83017

       (2) The entity shall accept from the organization, as payment 83018
in full for providing the care management services, the same 83019
amount that the department would reimburse a provider for 83020
providing the care management services to a medicaid recipient who 83021
is not enrolled in a managed care organization.83022

       Sec. 5111.162.  (A) As used in this section:83023

       (1) "Emergency services" has the same meaning as in section 83024
1932(b)(2) of the "Social Security Act," 79 Stat. 286 (1965), 42 83025
U.S.C. 1396u-2(b)(2), as amended.83026

       (2) "Medicaid managed care organization" means a managed care 83027
organization that has entered into a contract with the department 83028
of job and family services pursuant to section 5111.17 of the 83029
Revised Code.83030

       (3) "Hospital" has the same meaning as in section 3727.01 of 83031
the Revised Code.83032

       (4) "Hospital system" means one or more hospitals owned or 83033
controlled by the same organization for the purposes of 83034
coordinating and delivering health services within a geographic 83035
area selected by the organization.83036

       (5) "Hospital system provider" means a health care provider 83037
that is employed, owned, leased, managed, or otherwise controlled 83038
by a hospital system, including a physician, a business entity 83039
under which one or more physicians practice, a provider of 83040
ancillary health services, and any other type of provider 83041
specified in rules adopted under this section.83042

        (B) Except as provided in division (C) of this section, when 83043
a participant in the care management system established under 83044
section 5111.16 of the Revised Code is enrolled in a medicaid 83045
managed care organization and the organization refers the 83046
participant to receive services, other than emergency services 83047
provided on or after January 1, 2007, at a hospital that 83048
participates in the medicaid program but is not under contract 83049
with the organization, the hospital shall provide the service for 83050
which the referral was made and shall accept from the 83051
organization, as payment in full, the amount derived from the 83052
reimbursement rate used by the department to reimburse other 83053
hospitals of the same type for providing the same service to a 83054
medicaid recipient who is not enrolled in a medicaid managed care 83055
organization.83056

        (C) A hospital is not subject to division (B) of this section 83057
if all of the following are the case:83058

       (1) The hospital is located in a county in which participants 83059
in the care management system are required before January 1, 2006, 83060
to be enrolled in a medicaid managed care organization that is a 83061
health insuring corporation;83062

       (2) The hospital has entered into a contract before January 83063
1, 2006, with at least one health insuring corporation serving the 83064
participants specified in division (C)(1) of this section;83065

       (3) The hospital remains under contract with at least one 83066
health insuring corporation serving participants in the care 83067
management system who are required to be enrolled in a health 83068
insuring corporation.83069

       (D) The director of job and family services shall adopt rules 83070
specifying the circumstances under which a medicaid managed care 83071
organization is permitted to refer a participant in the care 83072
management system to a hospital that is not under contract with 83073
the organization. TheIf a hospital or hospital system provider 83074
participates in the medicaid program but is not under contract 83075
with a particular medicaid managed care organization, all of the 83076
following apply with respect to that managed care organization and 83077
that hospital or hospital system provider:83078

       (1) When the organization authorizes a service or services to 83079
be provided to an individual who is enrolled in the organization 83080
as a participant in the care management system established under 83081
section 5111.16 of the Revised Code, the hospital or hospital 83082
system provider shall provide to the individual the service or 83083
services authorized by the organization, including inpatient and 83084
outpatient services, as long as the service or services are 83085
medically necessary and covered by medicaid.83086

       (2) Except as provided in division (B)(3) of this section, 83087
the hospital or hospital system provider shall accept from the 83088
organization, as payment in full for providing the authorized 83089
service or services, the same amount that the department of job 83090
and family services would reimburse the hospital or hospital 83091
system provider for providing the authorized service or services 83092
to a medicaid recipient who is not enrolled in a medicaid managed 83093
care organization.83094

       (3) Emergency services provided to the individual are subject 83095
to reimbursement under section 5111.163 of the Revised Code.83096

       (C) The director of job and family services may adopt any 83097
other rules as necessary to implement this section. All rules 83098
adopted under this section shall be adopted in accordance with 83099
Chapter 119. of the Revised Code.83100

       Sec. 5111.17.  (A) The department of job and family services 83101
may enter into contracts with managed care organizations, 83102
including health insuring corporations, under which the 83103
organizations are authorized to provide, or arrange for the 83104
provision of, health care services to medical assistance 83105
recipients who are required or permitted to obtain health care 83106
services through managed care organizations as part of the care 83107
management system established under section 5111.16 of the Revised 83108
Code.83109

       (B) The department or its actuary shall base the hospital 83110
inpatient capital payment portion of the payment made to managed 83111
care organizations on data for services provided to all recipients 83112
enrolled in managed care organizations with which the department 83113
contracts, as reported by hospitals on relevant cost reports 83114
submitted pursuant to rules adopted under this section.83115

       (C) The director of job and family services may adopt rules 83116
in accordance with Chapter 119. of the Revised Code to implement 83117
this section.83118

       (C)(D) The department of job and family services shall allow 83119
a managed care plansorganization to use providers to render care 83120
upon completion of the managed care plan'sorganization's83121
credentialing process.83122

       Sec. 5111.172.  (A) When contracting under section 5111.17 of 83123
the Revised Code with a managed care organization that is a health 83124
insuring corporation, the department of job and family services 83125
mayshall require the health insuring corporation to provide 83126
coverage of prescription drugs for medicaid recipients enrolled in 83127
the health insuring corporation. In providing the required 83128
coverage, the health insuring corporation may, subject to the 83129
department's approval and the limitations specified in division 83130
(B) of this section, use strategies for the management of drug 83131
utilization.83132

       (B) The department shall not permit a health insuring 83133
corporation to impose a prior authorization requirement in the 83134
case of a drug to which all of the following apply:83135

       (1) The drug is an antidepressant or antipsychotic.83136

       (2) The drug is administered or dispensed in a standard 83137
tablet or capsule form, except that in the case of an 83138
antipsychotic, the drug also may be administered or dispensed in a 83139
long-acting injectable form.83140

       (3) The drug is prescribed by a physician whom the health 83141
insuring corporation, pursuant to division (C) of section 5111.17 83142
of the Revised Code, has credentialed to provide care as a 83143
psychiatrist.83144

       (4) The drug is prescribed for a use that is indicated on the 83145
drug's labeling, as approved by the federal food and drug 83146
administration.83147

       (C) As used in this division, "controlled substance" has the 83148
same meaning as in section 3719.01 of the Revised Code.83149

       IfThe department shall permit a health insuring corporation 83150
is required under this section to provide coverage of prescription 83151
drugs, the department shall permit the health insuring corporation83152
to develop and implement a pharmacy utilization management program 83153
under which prior authorization through the program is established 83154
as a condition of obtaining a controlled substance pursuant to a 83155
prescription. The program may include processes for requiring 83156
medicaid recipients at high risk for fraud or abuse involving 83157
controlled substances to have their prescriptions for controlled 83158
substances filled by a pharmacy, medical provider, or health care 83159
facility designated by the program.83160

       Sec. 5111.179.  (A) The department of job and family services 83161
shall establish a managed care performance payment program. Under 83162
the program, the department may provide payments to managed care 83163
organizations under contract with the department pursuant to 83164
section 5111.17 of the Revised Code that meet performance 83165
standards established by the department.83166

       In establishing performance standards, the department shall 83167
use the most recent healthcare effectiveness data and information 83168
set and quality measurement tool established by the national 83169
committee for quality assurance.83170

       The standards that must be met to receive the payments may be 83171
specified in the contract the department enters into with a 83172
managed care organization.83173

       If a managed care organization meets the performance 83174
standards established by the department, the department shall make 83175
one or more performance payments to the organization. The number 83176
of payments and the schedule for making the payments shall be 83177
established by the department. The payments shall be discontinued 83178
if the department determines that the organization no longer meets 83179
the performance standards. The department shall not make or 83180
discontinue payments based on any performance standard that has 83181
been in effect as part of the organization's contract for less 83182
than six months.83183

       (B) For purposes of the program, the department shall 83184
establish an amount that is to be withheld each time a premium 83185
payment is made to a managed care organization. The amount shall 83186
be established as a percentage of each premium payment. The 83187
percentage shall be the same for all managed care organizations 83188
under contract with the department. The sum of all withholdings 83189
under this division shall not exceed one per cent of the total of 83190
all premium payments made to all managed care organizations under 83191
contract with the department.83192

       Each managed care organization shall agree to the withholding 83193
as a condition of receiving or maintaining its medicaid provider 83194
agreement with the department.83195

       When the amount is established and each time the amount is 83196
modified thereafter, the department shall certify the amount to 83197
the director of budget and management and begin withholding the 83198
amount from each premium the department pays to a managed care 83199
organization.83200

       (C) There is hereby created in the state treasury the managed 83201
care performance payment fund. The fund shall consist of amounts 83202
transferred to it by the director of budget and management for the 83203
purpose of the program. All investment earnings of the fund shall 83204
be credited to the fund. Amounts in the fund shall be used solely 83205
to make performance payments to managed care organizations in 83206
accordance with this section.83207

       (D) The department may adopt rules as necessary to implement 83208
this section. The rules shall be adopted in accordance with 83209
Chapter 119. of the Revised Code.83210

       Sec. 5111.20.  As used in sections 5111.20 to 5111.345111.3383211
of the Revised Code:83212

       (A) "Allowable costs" are those costs determined by the 83213
department of job and family services to be reasonable and do not 83214
include fines paid under sections 5111.35 to 5111.61 and section 83215
5111.99 of the Revised Code.83216

       (B) "Ancillary and support costs" means all reasonable costs 83217
incurred by a nursing facility other than direct care costs or 83218
capital costs. "Ancillary and support costs" includes, but is not 83219
limited to, costs of activities, social services, pharmacy 83220
consultants, habilitation supervisors, qualified mental 83221
retardation professionals, program directors, medical and 83222
habilitation records, program supplies, incontinence supplies, 83223
food, enterals, dietary supplies and personnel, laundry, 83224
housekeeping, security, administration, medical equipment, 83225
utilities, liability insurance, bookkeeping, purchasing 83226
department, human resources, communications, travel, dues, license 83227
fees, subscriptions, home office costs not otherwise allocated, 83228
legal services, accounting services, minor equipment, wheelchairs, 83229
resident transportation, maintenance and repairs, help-wanted 83230
advertising, informational advertising, start-up costs, 83231
organizational expenses, other interest, property insurance, 83232
employee training and staff development, employee benefits, 83233
payroll taxes, and workers' compensation premiums or costs for 83234
self-insurance claims and related costs as specified in rules 83235
adopted by the director of job and family services under section 83236
5111.02 of the Revised Code, for personnel listed in this 83237
division. "Ancillary and support costs" also means the cost of 83238
equipment, including vehicles, acquired by operating lease 83239
executed before December 1, 1992, if the costs are reported as 83240
administrative and general costs on the facility's cost report for 83241
the cost reporting period ending December 31, 1992.83242

       (C) "Capital costs" means costs of ownership and, in the case 83243
of an intermediate care facility for the mentally retarded, costs 83244
of nonextensive renovation.83245

       (1) "Cost of ownership" means the actual expense incurred for 83246
all of the following:83247

       (a) Depreciation and interest on any capital assets that cost 83248
five hundred dollars or more per item, including the following:83249

       (i) Buildings;83250

       (ii) Building improvements that are not approved as 83251
nonextensive renovations under section 5111.251 of the Revised 83252
Code;83253

       (iii) Except as provided in division (B) of this section, 83254
equipment;83255

       (iv) In the case of an intermediate care facility for the 83256
mentally retarded, extensive renovations;83257

       (v) Transportation equipment.83258

       (b) Amortization and interest on land improvements and 83259
leasehold improvements;83260

       (c) Amortization of financing costs;83261

       (d) Except as provided in division (K) of this section, lease 83262
and rent of land, building, and equipment.83263

       The costs of capital assets of less than five hundred dollars 83264
per item may be considered capital costs in accordance with a 83265
provider's practice.83266

       (2) "Costs of nonextensive renovation" means the actual 83267
expense incurred by an intermediate care facility for the mentally 83268
retarded for depreciation or amortization and interest on 83269
renovations that are not extensive renovations.83270

       (D) "Capital lease" and "operating lease" shall be construed 83271
in accordance with generally accepted accounting principles.83272

       (E) "Case-mix score" means the measure determined under 83273
section 5111.232 of the Revised Code of the relative direct-care 83274
resources needed to provide care and habilitation to a resident of 83275
a nursing facility or intermediate care facility for the mentally 83276
retarded.83277

       (F)(1) "Date of licensure," for a facility originally 83278
licensed as a nursing home under Chapter 3721. of the Revised 83279
Code, means the date specific beds were originally licensed as 83280
nursing home beds under that chapter, regardless of whether they 83281
were subsequently licensed as residential facility beds under 83282
section 5123.19 of the Revised Code. For a facility originally 83283
licensed as a residential facility under section 5123.19 of the 83284
Revised Code, "date of licensure" means the date specific beds 83285
were originally licensed as residential facility beds under that 83286
section.83287

        If nursing home beds licensed under Chapter 3721. of the 83288
Revised Code or residential facility beds licensed under section 83289
5123.19 of the Revised Code were not required by law to be 83290
licensed when they were originally used to provide nursing home or 83291
residential facility services, "date of licensure" means the date 83292
the beds first were used to provide nursing home or residential 83293
facility services, regardless of the date the present provider 83294
obtained licensure.83295

        If a facility adds nursing home beds or residential facility 83296
beds or extensively renovates all or part of the facility after 83297
its original date of licensure, it will have a different date of 83298
licensure for the additional beds or extensively renovated portion 83299
of the facility, unless the beds are added in a space that was 83300
constructed at the same time as the previously licensed beds but 83301
was not licensed under Chapter 3721. or section 5123.19 of the 83302
Revised Code at that time.83303

       (2) The definition of "date of licensure" in this section 83304
applies in determinations of the medicaid reimbursement rate for a 83305
nursing facility or intermediate care facility for the mentally 83306
retarded but does not apply in determinations of the franchise 83307
permit fee for a nursing facility or intermediate care facility 83308
for the mentally retarded.83309

       (G) "Desk-reviewed" means that costs as reported on a cost 83310
report submitted under section 5111.26 of the Revised Code have 83311
been subjected to a desk review under division (A) of section 83312
5111.27 of the Revised Code and preliminarily determined to be 83313
allowable costs.83314

       (H) "Direct care costs" means all of the following:83315

       (1)(a) Costs for registered nurses, licensed practical 83316
nurses, and nurse aides employed by the facility;83317

       (b) Costs for direct care staff, administrative nursing 83318
staff, medical directors, respiratory therapists, and except as 83319
provided in division (H)(2) of this section, other persons holding 83320
degrees qualifying them to provide therapy;83321

       (c) Costs of purchased nursing services;83322

       (d) Costs of quality assurance;83323

       (e) Costs of training and staff development, employee 83324
benefits, payroll taxes, and workers' compensation premiums or 83325
costs for self-insurance claims and related costs as specified in 83326
rules adopted by the director of job and family services in 83327
accordance with Chapter 119. of the Revised Code, for personnel 83328
listed in divisions (H)(1)(a), (b), and (d) of this section;83329

       (f) Costs of consulting and management fees related to direct 83330
care;83331

       (g) Allocated direct care home office costs.83332

       (2) In addition to the costs specified in division (H)(1) of 83333
this section, for nursing facilities only, direct care costs 83334
include costs of habilitation staff (other than habilitation 83335
supervisors), medical supplies, oxygen, over-the-counter pharmacy 83336
products, physical therapists, physical therapy assistants, 83337
occupational therapists, occupational therapy assistants, speech 83338
therapists, audiologists, habilitation supplies, and universal 83339
precautions supplies.83340

       (3) In addition to the costs specified in division (H)(1) of 83341
this section, for intermediate care facilities for the mentally 83342
retarded only, direct care costs include both of the following:83343

       (a) Costs for physical therapists and physical therapy 83344
assistants, occupational therapists and occupational therapy 83345
assistants, speech therapists, audiologists, habilitation staff 83346
(including habilitation supervisors), qualified mental retardation 83347
professionals, program directors, social services staff, 83348
activities staff, off-site day programming, psychologists and 83349
psychology assistants, and social workers and counselors;83350

       (b) Costs of training and staff development, employee 83351
benefits, payroll taxes, and workers' compensation premiums or 83352
costs for self-insurance claims and related costs as specified in 83353
rules adopted under section 5111.02 of the Revised Code, for 83354
personnel listed in division (H)(3)(a) of this section.83355

       (4) Costs of other direct-care resources that are specified 83356
as direct care costs in rules adopted under section 5111.02 of the 83357
Revised Code.83358

       (I) "Fiscal year" means the fiscal year of this state, as 83359
specified in section 9.34 of the Revised Code.83360

       (J) "Franchise permit fee" means the following:83361

       (1) In the context of nursing facilities, the fee imposed by 83362
sections 3721.50 to 3721.58 of the Revised Code;83363

       (2) In the context of intermediate care facilities for the 83364
mentally retarded, the fee imposed by sections 5112.30 to 5112.39 83365
of the Revised Code.83366

        (K) "Indirect care costs" means all reasonable costs incurred 83367
by an intermediate care facility for the mentally retarded other 83368
than direct care costs, other protected costs, or capital costs. 83369
"Indirect care costs" includes but is not limited to costs of 83370
habilitation supplies, pharmacy consultants, medical and 83371
habilitation records, program supplies, incontinence supplies, 83372
food, enterals, dietary supplies and personnel, laundry, 83373
housekeeping, security, administration, liability insurance, 83374
bookkeeping, purchasing department, human resources, 83375
communications, travel, dues, license fees, subscriptions, home 83376
office costs not otherwise allocated, legal services, accounting 83377
services, minor equipment, maintenance and repairs, help-wanted 83378
advertising, informational advertising, start-up costs, 83379
organizational expenses, other interest, property insurance, 83380
employee training and staff development, employee benefits, 83381
payroll taxes, and workers' compensation premiums or costs for 83382
self-insurance claims and related costs as specified in rules 83383
adopted under section 5111.02 of the Revised Code, for personnel 83384
listed in this division. Notwithstanding division (C)(1) of this 83385
section, "indirect care costs" also means the cost of equipment, 83386
including vehicles, acquired by operating lease executed before 83387
December 1, 1992, if the costs are reported as administrative and 83388
general costs on the facility's cost report for the cost reporting 83389
period ending December 31, 1992.83390

       (L) "Inpatient days" means all days during which a resident, 83391
regardless of payment source, occupies a bed in a nursing facility 83392
or intermediate care facility for the mentally retarded that is 83393
included in the facility's certified capacity under Title XIX. 83394
Therapeutic or hospital leave days for which payment is made under 83395
section 5111.33 of the Revised Code are considered inpatient days 83396
proportionate to the percentage of the facility's per resident per 83397
day rate paid for those days.83398

       (M) "Intermediate care facility for the mentally retarded" 83399
means an intermediate care facility for the mentally retarded 83400
certified as in compliance with applicable standards for the 83401
medicaid program by the director of health in accordance with 83402
Title XIX.83403

       (N) "Maintenance and repair expenses" means, except as 83404
provided in division (BB)(2) of this section, expenditures that 83405
are necessary and proper to maintain an asset in a normally 83406
efficient working condition and that do not extend the useful life 83407
of the asset two years or more. "Maintenance and repair expenses" 83408
includes but is not limited to the cost of ordinary repairs such 83409
as painting and wallpapering.83410

       (O) "Medicaid days" means all days during which a resident 83411
who is a Medicaidmedicaid recipient eligible for nursing facility 83412
services occupies a bed in a nursing facility that is included in 83413
the nursing facility's certified capacity under Title XIX. 83414
Therapeutic or hospital leave days for which payment is made under 83415
section 5111.33 of the Revised Code are considered Medicaid83416
medicaid days proportionate to the percentage of the nursing 83417
facility's per resident per day rate paid for those days.83418

        (P) "Nursing facility" means a facility, or a distinct part 83419
of a facility, that is certified as a nursing facility by the 83420
director of health in accordance with Title XIX and is not an 83421
intermediate care facility for the mentally retarded. "Nursing 83422
facility" includes a facility, or a distinct part of a facility, 83423
that is certified as a nursing facility by the director of health 83424
in accordance with Title XIX and is certified as a skilled nursing 83425
facility by the director in accordance with Title XVIII.83426

       (Q) "Operator" means the person or government entity 83427
responsible for the daily operating and management decisions for a 83428
nursing facility or intermediate care facility for the mentally 83429
retarded.83430

       (R) "Other protected costs" means costs incurred by an 83431
intermediate care facility for the mentally retarded for medical 83432
supplies; real estate, franchise, and property taxes; natural gas, 83433
fuel oil, water, electricity, sewage, and refuse and hazardous 83434
medical waste collection; allocated other protected home office 83435
costs; and any additional costs defined as other protected costs 83436
in rules adopted under section 5111.02 of the Revised Code.83437

       (S)(1) "Owner" means any person or government entity that has 83438
at least five per cent ownership or interest, either directly, 83439
indirectly, or in any combination, in any of the following 83440
regarding a nursing facility or intermediate care facility for the 83441
mentally retarded:83442

       (a) The land on which the facility is located;83443

       (b) The structure in which the facility is located;83444

       (c) Any mortgage, contract for deed, or other obligation 83445
secured in whole or in part by the land or structure on or in 83446
which the facility is located;83447

       (d) Any lease or sublease of the land or structure on or in 83448
which the facility is located.83449

       (2) "Owner" does not mean a holder of a debenture or bond 83450
related to the nursing facility or intermediate care facility for 83451
the mentally retarded and purchased at public issue or a regulated 83452
lender that has made a loan related to the facility unless the 83453
holder or lender operates the facility directly or through a 83454
subsidiary.83455

       (T) "Patient" includes "resident."83456

       (U) Except as provided in divisions (U)(1) and (2) of this 83457
section, "per diem" means a nursing facility's or intermediate 83458
care facility for the mentally retarded's actual, allowable costs 83459
in a given cost center in a cost reporting period, divided by the 83460
facility's inpatient days for that cost reporting period.83461

       (1) When calculating indirect care costs for the purpose of 83462
establishing rates under section 5111.241 of the Revised Code, 83463
"per diem" means an intermediate care facility for the mentally 83464
retarded's actual, allowable indirect care costs in a cost 83465
reporting period divided by the greater of the facility's 83466
inpatient days for that period or the number of inpatient days the 83467
facility would have had during that period if its occupancy rate 83468
had been eighty-five per cent.83469

       (2) When calculating capital costs for the purpose of 83470
establishing rates under section 5111.251 of the Revised Code, 83471
"per diem" means a facility's actual, allowable capital costs in a 83472
cost reporting period divided by the greater of the facility's 83473
inpatient days for that period or the number of inpatient days the 83474
facility would have had during that period if its occupancy rate 83475
had been ninety-five per cent.83476

       (V) "Provider" means an operator with a provider agreement.83477

       (W) "Provider agreement" means a contract between the 83478
department of job and family services and the operator of a 83479
nursing facility or intermediate care facility for the mentally 83480
retarded for the provision of nursing facility services or 83481
intermediate care facility services for the mentally retarded 83482
under the medicaid program.83483

       (X) "Purchased nursing services" means services that are 83484
provided in a nursing facility by registered nurses, licensed 83485
practical nurses, or nurse aides who are not employees of the 83486
facility.83487

       (Y) "Reasonable" means that a cost is an actual cost that is 83488
appropriate and helpful to develop and maintain the operation of 83489
patient care facilities and activities, including normal standby 83490
costs, and that does not exceed what a prudent buyer pays for a 83491
given item or services. Reasonable costs may vary from provider to 83492
provider and from time to time for the same provider.83493

       (Z) "Related party" means an individual or organization that, 83494
to a significant extent, has common ownership with, is associated 83495
or affiliated with, has control of, or is controlled by, the 83496
provider.83497

       (1) An individual who is a relative of an owner is a related 83498
party.83499

       (2) Common ownership exists when an individual or individuals 83500
possess significant ownership or equity in both the provider and 83501
the other organization. Significant ownership or equity exists 83502
when an individual or individuals possess five per cent ownership 83503
or equity in both the provider and a supplier. Significant 83504
ownership or equity is presumed to exist when an individual or 83505
individuals possess ten per cent ownership or equity in both the 83506
provider and another organization from which the provider 83507
purchases or leases real property.83508

       (3) Control exists when an individual or organization has the 83509
power, directly or indirectly, to significantly influence or 83510
direct the actions or policies of an organization.83511

       (4) An individual or organization that supplies goods or 83512
services to a provider shall not be considered a related party if 83513
all of the following conditions are met:83514

       (a) The supplier is a separate bona fide organization.83515

       (b) A substantial part of the supplier's business activity of 83516
the type carried on with the provider is transacted with others 83517
than the provider and there is an open, competitive market for the 83518
types of goods or services the supplier furnishes.83519

       (c) The types of goods or services are commonly obtained by 83520
other nursing facilities or intermediate care facilities for the 83521
mentally retarded from outside organizations and are not a basic 83522
element of patient care ordinarily furnished directly to patients 83523
by the facilities.83524

       (d) The charge to the provider is in line with the charge for 83525
the goods or services in the open market and no more than the 83526
charge made under comparable circumstances to others by the 83527
supplier.83528

       (AA) "Relative of owner" means an individual who is related 83529
to an owner of a nursing facility or intermediate care facility 83530
for the mentally retarded by one of the following relationships:83531

       (1) Spouse;83532

       (2) Natural parent, child, or sibling;83533

       (3) Adopted parent, child, or sibling;83534

       (4) Stepparent, stepchild, stepbrother, or stepsister;83535

       (5) Father-in-law, mother-in-law, son-in-law, 83536
daughter-in-law, brother-in-law, or sister-in-law;83537

       (6) Grandparent or grandchild;83538

       (7) Foster caregiver, foster child, foster brother, or foster 83539
sister.83540

       (BB) "Renovation" and "extensive renovation" mean:83541

       (1) Any betterment, improvement, or restoration of an 83542
intermediate care facility for the mentally retarded started 83543
before July 1, 1993, that meets the definition of a renovation or 83544
extensive renovation established in rules adopted by the director 83545
of job and family services in effect on December 22, 1992.83546

       (2) In the case of betterments, improvements, and 83547
restorations of intermediate care facilities for the mentally 83548
retarded started on or after July 1, 1993:83549

       (a) "Renovation" means the betterment, improvement, or 83550
restoration of an intermediate care facility for the mentally 83551
retarded beyond its current functional capacity through a 83552
structural change that costs at least five hundred dollars per 83553
bed. A renovation may include betterment, improvement, 83554
restoration, or replacement of assets that are affixed to the 83555
building and have a useful life of at least five years. A 83556
renovation may include costs that otherwise would be considered 83557
maintenance and repair expenses if they are an integral part of 83558
the structural change that makes up the renovation project. 83559
"Renovation" does not mean construction of additional space for 83560
beds that will be added to a facility's licensed or certified 83561
capacity.83562

       (b) "Extensive renovation" means a renovation that costs more 83563
than sixty-five per cent and no more than eighty-five per cent of 83564
the cost of constructing a new bed and that extends the useful 83565
life of the assets for at least ten years.83566

       For the purposes of division (BB)(2) of this section, the 83567
cost of constructing a new bed shall be considered to be forty 83568
thousand dollars, adjusted for the estimated rate of inflation 83569
from January 1, 1993, to the end of the calendar year during which 83570
the renovation is completed, using the consumer price index for 83571
shelter costs for all urban consumers for the north central 83572
region, as published by the United States bureau of labor 83573
statistics.83574

       The department of job and family services may treat a 83575
renovation that costs more than eighty-five per cent of the cost 83576
of constructing new beds as an extensive renovation if the 83577
department determines that the renovation is more prudent than 83578
construction of new beds.83579

       (CC) "Title XIX" means Title XIX of the "Social Security 83580
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.83581

        (DD) "Title XVIII" means Title XVIII of the "Social Security 83582
Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.83583

       Sec. 5111.21.  (A) In order to be eligible for medicaid 83584
payments, the operator of a nursing facility or intermediate care 83585
facility for the mentally retarded shall do all of the following:83586

       (1) Enter into a provider agreement with the department as 83587
provided in section 5111.22, 5111.671, or 5111.672 of the Revised 83588
Code;83589

       (2) Apply for and maintain a valid license to operate if so 83590
required by law;83591

       (3) Subject to division (B) of this section, comply with all 83592
applicable state and federal laws and rules.83593

       (B) A state rule that requires the operator of an 83594
intermediate care facility for the mentally retarded to have 83595
received approval of a plan for the proposed facility pursuant to 83596
section 5123.042 of the Revised Code as a condition of the 83597
operator being eligible for medicaid payments for the facility 83598
does not apply if, under former section 5123.193 of the Revised 83599
Code as enacted by Am. Sub. H.B. 1 of the 128th general assembly83600
or section 5123.197 of the Revised Code, a residential facility 83601
license was obtained or modified for the facility without 83602
obtaining approval of such a plan.83603

       (C)(1) Except as provided in division (C)(2) of this section, 83604
the operator of a nursing facility that elects to obtain and 83605
maintain eligibility for payments under the medicaid program shall 83606
qualify all of the facility's medicaid-certified beds in the 83607
medicare program established by Title XVIII. The director of job 83608
and family services may adopt rules under section 5111.02 of the 83609
Revised Code to establish the time frame in which a nursing 83610
facility must comply with this requirement.83611

       (2) The department of veterans services is not required to 83612
qualify all of the medicaid-certified beds in a nursing facility 83613
the agency maintains and operates under section 5907.01 of the 83614
Revised Code in the medicare program.83615

       Sec. 5111.211.  (A) Except as provided in division (C) of 83616
this section, the department of developmental disabilities is 83617
responsible for the nonfederal share of claims submitted for 83618
services that are covered by the medicaid program and provided to 83619
an eligible medicaid recipient by an intermediate care facility 83620
for the mentally retarded if all of the following are the case:83621

       (1) The services are provided on or after July 1, 2003;83622

       (2) The facility receives initial certification by the 83623
director of health as an intermediate care facility for the 83624
mentally retarded on or after June 1, 2003;83625

       (3) The facility, or a portion of the facility, is licensed 83626
by the director of developmental disabilities as a residential 83627
facility under section 5123.19 of the Revised Code;83628

       (4) There is a valid provider agreement for the facility.83629

       (B) Each month, the department of job and family services 83630
shall invoice the department of developmental disabilities by 83631
interagency transfer voucher for the claims for which the 83632
department of developmental disabilities is responsible pursuant 83633
to this section.83634

       (C) Division (A) of this section does not apply to claims 83635
submitted for an intermediate care facility for the mentally 83636
retarded if, under former section 5123.193 of the Revised Code as 83637
enacted by Am. Sub. H.B. 1 of the 128th general assembly or 83638
section 5123.197 of the Revised Code, a residential facility 83639
license was obtained or modified for the facility without 83640
obtaining approval of a plan for the proposed residential facility 83641
pursuant to section 5123.042 of the Revised Code.83642

       Sec. 5111.222.  (A) Except as otherwise provided by sections 83643
5111.20 to 5111.33 of the Revised Code and by division (B) of this 83644
section, the payments that the department of job and family 83645
services shall agree to make to the provider of a nursing facility 83646
pursuant to a provider agreement shall equal the sum of all of the 83647
following:83648

        (1) The rate for direct care costs determined for the nursing 83649
facility under section 5111.231 of the Revised Code;83650

        (2) The rate for ancillary and support costs determined for 83651
the nursing facility's ancillary and support cost peer group under 83652
section 5111.24 of the Revised Code;83653

        (3) The rate for tax costs determined for the nursing 83654
facility under section 5111.242 of the Revised Code;83655

        (4) The rate for franchise permit fees determined for the 83656
nursing facility under section 5111.243 of the Revised Code;83657

       (5) The quality incentive payment, if any, paid to the 83658
nursing facility under section 5111.244 of the Revised Code;83659

       (6)(5) The median rate for capital costs determined for the 83660
nursing facilities in the nursing facility's capital costs peer 83661
group as determined under section 5111.25 of the Revised Code.83662

        (B) The department shall adjust the rates otherwise 83663
determined under divisionsdivision (A)(1), (2), (3), and (6) of 83664
this section as directed by the general assembly through the 83665
enactment of law governing medicaid payments to providers of 83666
nursing facilities, including any law that does either of the 83667
following:83668

       (1) Establishesestablishes factors by which the rates are to 83669
be adjusted;83670

       (2) Establishes a methodology for phasing in the rates 83671
determined for fiscal year 2006 under uncodified law the general 83672
assembly enacts to rates determined for subsequent fiscal years 83673
under sections 5111.20 to 5111.33 of the Revised Code.83674

       Sec. 5111.224.  (A) Except as otherwise provided by sections 83675
5111.20 to 5111.33 of the Revised Code and by division (B) of this 83676
section, the payments that the department of job and family 83677
services shall agree to make to the provider of an intermediate 83678
care facility for the mentally retarded pursuant to a provider 83679
agreement shall equal the sum of all of the following:83680

       (1) The rate for direct care costs determined for the 83681
facility under section 5111.23 of the Revised Code;83682

       (2) The rate for other protected costs determined for the 83683
facility under section 5111.235 of the Revised Code;83684

       (3) The rate for indirect care costs determined for the 83685
facility under section 5111.241 of the Revised Code;83686

       (4) The rate for capital costs determined for the facility 83687
under section 5111.251 of the Revised Code.83688

       (B) The department shall adjust the total rate otherwise 83689
determined under division (A) of this section as directed by the 83690
general assembly through the enactment of law governing medicaid 83691
payments to providers of intermediate care facilities for the 83692
mentally retarded.83693

       Sec. 5111.225.  (A) As used in this section:83694

       "Dual eligible individual" has the same meaning as in section 83695
1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010), 83696
42 U.S.C. 1396n(h)(2)(B).83697

       "Medicaid maximum allowable amount" means one hundred per 83698
cent of a nursing facility's per diem rate for a medicaid day.83699

       (B) The department of job and family services shall pay the 83700
provider of a nursing facility the lesser of the following for 83701
nursing facility services the nursing facility provides on or 83702
after January 1, 2012, to a dual eligible individual who is 83703
eligible for nursing facility services under the medicaid program 83704
and post-hospital extended care services under Part A of Title 83705
XVIII:83706

       (1) The coinsurance amount for the services as provided under 83707
Part A of Title XVIII;83708

       (2) The medicaid maximum allowable amount for the services, 83709
less the amount paid under Part A of Title XVIII for the services.83710

       Sec. 5111.23.  (A) The department of job and family services 83711
shall pay a provider for each of the provider's eligible 83712
intermediate care facilities for the mentally retarded a per 83713
resident per day rate for direct care costs established 83714
prospectively for each facility. The department shall establish 83715
each facility's rate for direct care costs quarterly.83716

       (B) Each facility's rate for direct care costs shall be based 83717
on the facility's cost per case-mix unit, subject to the maximum 83718
costs per case-mix unit established under division (B)(2) of this 83719
section, from the calendar year preceding the fiscal year in which 83720
the rate is paid. To determine the rate, the department shall do 83721
all of the following:83722

       (1) Determine each facility's cost per case-mix unit for the 83723
calendar year preceding the fiscal year in which the rate will be 83724
paid by dividing the facility's desk-reviewed, actual, allowable, 83725
per diem direct care costs for that year by its average case-mix 83726
score determined under section 5111.232 of the Revised Code for 83727
the same calendar year.83728

       (2)(a) Set the maximum cost per case-mix unit for each peer 83729
group of intermediate care facilities for the mentally retarded 83730
with more than eight beds specified in rules adopted under 83731
division (E)(F) of this section at a percentage above the cost per 83732
case-mix unit of the facility in the group that has the group's 83733
median medicaid inpatient day for the calendar year preceding the 83734
fiscal year in which the rate will be paid, as calculated under 83735
division (B)(1) of this section, that is no less than the 83736
percentage calculated under division (D)(E)(2) of this section.83737

       (b) Set the maximum cost per case-mix unit for each peer 83738
group of intermediate care facilities for the mentally retarded 83739
with eight or fewer beds specified in rules adopted under division 83740
(E)(F) of this section at a percentage above the cost per case-mix 83741
unit of the facility in the group that has the group's median 83742
medicaid inpatient day for the calendar year preceding the fiscal 83743
year in which the rate will be paid, as calculated under division 83744
(B)(1) of this section, that is no less than the percentage 83745
calculated under division (D)(E)(3) of this section.83746

       (c) In calculating the maximum cost per case-mix unit under 83747
divisions (B)(2)(a) toand (b) of this section for each peer 83748
group, the department shall exclude from its calculations the cost 83749
per case-mix unit of any facility in the group that participated 83750
in the medicaid program under the same operator for less than 83751
twelve months during the calendar year preceding the fiscal year 83752
in which the rate will be paid.83753

       (3) Estimate the rate of inflation for the eighteen-month 83754
period beginning on the first day of July of the calendar year 83755
preceding the fiscal year in which the rate will be paid and 83756
ending on the thirty-first day of December of the fiscal year in 83757
which the rate will be paid, using the employment cost index for 83758
total compensation, health services component, published by the 83759
United States bureau of labor statisticsspecified in division (C) 83760
of this section. If the estimated inflation rate for the 83761
eighteen-month period is different from the actual inflation rate 83762
for that period, as measured using the same index, the difference 83763
shall be added to or subtracted from the inflation rate estimated 83764
under division (B)(3) of this section for the following fiscal 83765
year.83766

       (4) The department shall not recalculate a maximum cost per 83767
case-mix unit under division (B)(2) of this section or a 83768
percentage under division (D)(E) of this section based on 83769
additional information that it receives after the maximum costs 83770
per case-mix unit or percentages are set. The department shall 83771
recalculate a maximum cost per case-mix units or percentage only 83772
if it made an error in computing the maximum cost per case-mix 83773
unit or percentage based on information available at the time of 83774
the original calculation.83775

       (C) The department shall use the following index for the 83776
purpose of division (B)(3) of this section:83777

       (1) The employment cost index for total compensation, health 83778
services component, published by the United States bureau of labor 83779
statistics;83780

       (2) If the United States bureau of labor statistics ceases to 83781
publish the index specified in division (C)(1) of this section, 83782
the index that is subsequently published by the bureau and covers 83783
nursing facilities' staff costs.83784

       (D) Each facility's rate for direct care costs shall be 83785
determined as follows for each calendar quarter within a fiscal 83786
year:83787

       (1) Multiply the lesser of the following by the facility's 83788
average case-mix score determined under section 5111.232 of the 83789
Revised Code for the calendar quarter that preceded the 83790
immediately preceding calendar quarter:83791

       (a) The facility's cost per case-mix unit for the calendar 83792
year preceding the fiscal year in which the rate will be paid, as 83793
determined under division (B)(1) of this section;83794

       (b) The maximum cost per case-mix unit established for the 83795
fiscal year in which the rate will be paid for the facility's peer 83796
group under division (B)(2) of this section;83797

       (2) Adjust the product determined under division (C)(D)(1) of 83798
this section by the inflation rate estimated under division (B)(3) 83799
of this section.83800

       (D)(E)(1) The department shall calculate the percentage above 83801
the median cost per case-mix unit determined under division (B)(1) 83802
of this section for the facility that has the median medicaid 83803
inpatient day for calendar year 1992 for all intermediate care 83804
facilities for the mentally retarded with more than eight beds 83805
that would result in payment of all desk-reviewed, actual, 83806
allowable direct care costs for eighty and one-half per cent of 83807
the medicaid inpatient days for such facilities for calendar year 83808
1992.83809

       (2) The department shall calculate the percentage above the 83810
median cost per case-mix unit determined under division (B)(1) of 83811
this section for the facility that has the median medicaid 83812
inpatient day for calendar year 1992 for all intermediate care 83813
facilities for the mentally retarded with eight or fewer beds that 83814
would result in payment of all desk-reviewed, actual, allowable 83815
direct care costs for eighty and one-half per cent of the medicaid 83816
inpatient days for such facilities for calendar year 1992.83817

       (E)(F) The director of job and family services shall adopt 83818
rules under section 5111.02 of the Revised Code that specify peer 83819
groups of intermediate care facilities for the mentally retarded 83820
with more than eight beds and intermediate care facilities for the 83821
mentally retarded with eight or fewer beds, based on findings of 83822
significant per diem direct care cost differences due to geography 83823
and facility bed-size. The rules also may specify peer groups 83824
based on findings of significant per diem direct care cost 83825
differences due to other factors which may include case-mix.83826

       (F)(G) The department, in accordance with division (D) of 83827
section 5111.232 of the Revised Code and rules adopted under 83828
division (E)(F) of that section, may assign case-mix scores or 83829
costs per case-mix unit if a provider fails to submit assessment 83830
data necessary to calculate an intermediate care facility for the 83831
mentally retarded's case-mix score in accordance with that 83832
section.83833

       Sec. 5111.231. (A) As used in this section, "applicable:83834

       (1) "Applicable calendar year" means the following:83835

       (1)(a) For the purpose of the department of job and family 83836
services' initial determination under division (D) of this section 83837
of each peer group's cost per case-mix unit, calendar year 2003;83838

       (2)(b) For the purpose of the department's subsequent 83839
determinations under division (D) of this section of each peer 83840
group's cost per case-mix unitrebasings, the calendar year the 83841
department selects.83842

       (2) "Rebasing" means a redetermination under division (D) of 83843
this section of each peer groups' cost per case-mix unit using 83844
information from cost reports for an applicable calendar year that 83845
is later than the applicable calendar year used for the previous 83846
determination of such costs.83847

        (B) The department of job and family services shall pay a 83848
provider for each of the provider's eligible nursing facilities a 83849
per resident per day rate for direct care costs determined 83850
semiannually by multiplying the cost per case-mix unit determined 83851
under division (D) of this section for the facility's peer group 83852
by the facility's semiannual case-mix score determined under 83853
section 5111.232 of the Revised Code.83854

        (C) For the purpose of determining nursing facilities' rate 83855
for direct care costs, the department shall establish three peer 83856
groups.83857

        Each nursing facility located in any of the following 83858
counties shall be placed in peer group one: Brown, Butler, 83859
Clermont, Clinton, Hamilton, and Warren.83860

        Each nursing facility located in any of the following 83861
counties shall be placed in peer group two: Ashtabula, Champaign, 83862
Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin, 83863
Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain, 83864
Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, Ottawa, 83865
Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, Union, 83866
and Wood.83867

        Each nursing facility located in any of the following 83868
counties shall be placed in peer group three: Adams, Allen, 83869
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana, 83870
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin, 83871
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson, 83872
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe, 83873
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland, 83874
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton, 83875
Washington, Wayne, Williams, and Wyandot.83876

        (D)(1) At least once every ten years, theThe department 83877
shall determine a cost per case-mix unit for each peer group 83878
established under division (C) of this section. AThe department 83879
is not required to conduct a rebasing more than once every ten 83880
years. Except as necessary to implement the amendments made by 83881
this act to this section, the cost per case-mix unit determined 83882
under this division for a peer group shall be used for subsequent 83883
years until the department redetermines itconducts a rebasing. 83884
To determine a peer group's cost per case-mix unit, the department 83885
shall do all of the following:83886

        (a) Determine the cost per case-mix unit for each nursing 83887
facility in the peer group for the applicable calendar year by 83888
dividing each facility's desk-reviewed, actual, allowable, per 83889
diem direct care costs for the applicable calendar year by the 83890
facility's annual average case-mix score determined under section 83891
5111.232 of the Revised Code for the applicable calendar year.;83892

        (b) Subject to division (D)(2) of this section, identify 83893
which nursing facility in the peer group is at the twenty-fifth 83894
percentile of the cost per case-mix units determined under 83895
division (D)(1)(a) of this section.;83896

        (c) Calculate the amount that is seven per cent above the 83897
cost per case-mix unit determined under division (D)(1)(a) of this 83898
section for the nursing facility identified under division 83899
(D)(1)(b) of this section.83900

       (d) Multiply the amount calculated under division (D)(1)(c) 83901
of this section byUsing the index specified in division (D)(3) of 83902
this section, multiply the rate of inflation for the 83903
eighteen-month period beginning on the first day of July of the 83904
applicable calendar year and ending the last day of December of 83905
the calendar year immediately following the applicable calendar 83906
year using the following:83907

       (i) In the case of the initial calculation made under 83908
division (D)(1)(d) of this section, the employment cost index for 83909
total compensation, health services component, published by the 83910
United States bureau of labor statistics, as the index existed on 83911
July 1, 2005;83912

       (ii) In the case of subsequent calculations made under 83913
division (D)(1)(d) of this section and except as provided in 83914
division (D)(1)(d)(iii) of this section, the employment cost index 83915
for total compensation, nursing and residential care facilities 83916
occupational group, published by the United States bureau of labor 83917
statistics;83918

       (iii) If the United States bureau of labor statistics ceases 83919
to publish the index specified in division (D)(1)(d)(ii) of this 83920
section, the index the bureau subsequently publishes that covers 83921
nursing facilities' staff costsby the cost per case-mix unit 83922
determined under division (D)(1)(a) of this section for the 83923
nursing facility identified under division (D)(1)(b) of this 83924
section;83925

       (d) Until the first rebasing occurs, add one dollar and 83926
eighty-eight cents to the amount calculated under division 83927
(D)(1)(c) of this section.83928

        (2) In making the identification under division (D)(1)(b) of 83929
this section, the department shall exclude both of the following:83930

        (a) Nursing facilities that participated in the medicaid 83931
program under the same provider for less than twelve months in the 83932
applicable calendar year;83933

        (b) Nursing facilities whose cost per case-mix unit is more 83934
than one standard deviation from the mean cost per case-mix unit 83935
for all nursing facilities in the nursing facility's peer group 83936
for the applicable calendar year.83937

        (3) The following index shall be used for the purpose of the 83938
calculation made under division (D)(1)(c) of this section:83939

       (a) Until the first rebasing occurs, the employment cost 83940
index for total compensation, health services component, published 83941
by the United States bureau of labor statistics, as the index 83942
existed on July 1, 2005;83943

       (b) Effective with the first rebasing and except as provided 83944
in division (D)(3)(c) of this section, the employment cost index 83945
for total compensation, nursing and residential care facilities 83946
occupational group, published by the United States bureau of labor 83947
statistics;83948

       (c) If the United States bureau of labor statistics ceases to 83949
publish the index specified in division (D)(3)(b) of this section, 83950
the index the bureau subsequently publishes that covers nursing 83951
facilities' staff costs.83952

       (4) The department shall not redetermine a peer group's cost 83953
per case-mix unit under this division based on additional 83954
information that it receives after the peer group's per case-mix 83955
unit is determined. The department shall redetermine a peer 83956
group's cost per case-mix unit only if it made an error in 83957
determining the peer group's cost per case-mix unit based on 83958
information available to the department at the time of the 83959
original determination.83960

       Sec. 5111.235. (A) The department of job and family services 83961
shall pay a provider for each of the provider's eligible 83962
intermediate care facilities for the mentally retarded a per 83963
resident per day rate for other protected costs established 83964
prospectively each fiscal year for each facility. The rate for 83965
each facility shall be the facility's desk-reviewed, actual, 83966
allowable, per diem other protected costs from the calendar year 83967
preceding the fiscal year in which the rate will be paid, all 83968
adjusted for the estimated inflation rate for the eighteen-month 83969
period beginning on the first day of July of the calendar year 83970
preceding the fiscal year in which the rate will be paid and 83971
ending on the thirty-first day of December of that fiscal year. 83972
The department shall estimate inflation using the consumer price83973
index for all urban consumers for nonprescription drugs and 83974
medical supplies, as published by the United States bureau of 83975
labor statisticsspecified in division (B) of this section. If the 83976
estimated inflation rate for the eighteen-month period is 83977
different from the actual inflation rate for that period, the 83978
difference shall be added to or subtracted from the inflation rate 83979
estimated for the following year.83980

       (B) The department shall use the following index for the 83981
purpose of division (A) of this section:83982

       (1) The consumer price index for all urban consumers for 83983
nonprescription drugs and medical supplies, as published by the 83984
United States bureau of labor statistics;83985

       (2) If the United States bureau of labor statistics ceases to 83986
publish the index specified in division (B)(1) of this section, 83987
the index that is subsequently published by the bureau and covers 83988
nonprescription drugs and medical supplies.83989

       Sec. 5111.24. (A) As used in this section, "applicable:83990

       (1) "Applicable calendar year" means the following:83991

       (1)(a) For the purpose of the department of job and family 83992
services' initial determination under division (D) of this section 83993
of each peer group's rate for ancillary and support costs, 83994
calendar year 2003;83995

       (2)(b) For the purpose of the department's subsequent 83996
determinations under division (D) of this section of each peer 83997
group's rate for ancillary and support costsrebasings, the 83998
calendar year the department selects.83999

       (2) "Rebasing" means a redetermination under division (D) of 84000
this section of each peer groups' rate for ancillary and support 84001
costs using information from cost reports for an applicable 84002
calendar year that is later than the applicable calendar year used 84003
for the previous determination of such rates.84004

        (B) The department of job and family services shall pay a 84005
provider for each of the provider's eligible nursing facilities a 84006
per resident per day rate for ancillary and support costs 84007
determined for the nursing facility's peer group under division 84008
(D) of this section.84009

        (C) For the purpose of determining nursing facilities' rate 84010
for ancillary and support costs, the department shall establish 84011
six peer groups.84012

        Each nursing facility located in any of the following 84013
counties shall be placed in peer group one or two: Brown, Butler, 84014
Clermont, Clinton, Hamilton, and Warren. Each nursing facility 84015
located in any of those counties that has fewer than one hundred 84016
beds shall be placed in peer group one. Each nursing facility 84017
located in any of those counties that has one hundred or more beds 84018
shall be placed in peer group two.84019

        Each nursing facility located in any of the following 84020
counties shall be placed in peer group three or four: Ashtabula, 84021
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, 84022
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, 84023
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, 84024
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, 84025
Union, and Wood. Each nursing facility located in any of those 84026
counties that has fewer than one hundred beds shall be placed in 84027
peer group three. Each nursing facility located in any of those 84028
counties that has one hundred or more beds shall be placed in peer 84029
group four.84030

        Each nursing facility located in any of the following 84031
counties shall be placed in peer group five or six: Adams, Allen, 84032
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana, 84033
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin, 84034
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson, 84035
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe, 84036
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland, 84037
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton, 84038
Washington, Wayne, Williams, and Wyandot. Each nursing facility 84039
located in any of those counties that has fewer than one hundred 84040
beds shall be placed in peer group five. Each nursing facility 84041
located in any of those counties that has one hundred or more beds 84042
shall be placed in peer group six.84043

        (D)(1) At least once every ten years, theThe department 84044
shall determine the rate for ancillary and support costs for each 84045
peer group established under division (C) of this section. The 84046
department is not required to conduct a rebasing more than once 84047
every ten years. Except as necessary to implement the amendments 84048
made by this act to this section, the rate for ancillary and 84049
support costs determined under this division for a peer group 84050
shall be used for subsequent years until the department 84051
redetermines itconducts a rebasing. To determine a peer group's 84052
rate for ancillary and support costs, the department shall do all 84053
of the following:84054

        (a) DetermineSubject to division (D)(2) of this section, 84055
determine the rate for ancillary and support costs for each 84056
nursing facility in the peer group for the applicable calendar 84057
year by using the greater of the nursing facility's actual 84058
inpatient days for the applicable calendar year or the inpatient 84059
days the nursing facility would have had for the applicable 84060
calendar year if its occupancy rate had been ninety per cent. For 84061
the purpose of determining a nursing facility's occupancy rate 84062
under division (D)(1)(a) of this section, the department shall 84063
include any beds that the nursing facility removes from its 84064
medicaid-certified capacity unless the nursing facility also 84065
removes the beds from its licensed bed capacity.;84066

        (b) Subject to division (D)(2)(3) of this section, identify 84067
which nursing facility in the peer group is at the twenty-fifth 84068
percentile of the rate for ancillary and support costs for the 84069
applicable calendar year determined under division (D)(1)(a) of 84070
this section.;84071

        (c) Calculate the amount that is three per cent above the 84072
rate for ancillary and support costs determined under division 84073
(D)(1)(a) of this section for the nursing facility identified 84074
under division (D)(1)(b) of this section.84075

       (d) Multiply the amount calculatedrate for ancillary and 84076
support costs determined under division (D)(1)(c)(a) of this 84077
section for the nursing facility identified under division 84078
(D)(1)(b) of this section by the rate of inflation for the 84079
eighteen-month period beginning on the first day of July of the 84080
applicable calendar year and ending the last day of December of 84081
the calendar year immediately following the applicable calendar 84082
year using the following:84083

       (i) In the case of the initial calculation made under 84084
division (D)(1)(d) of this sectionUntil the first rebasing 84085
occurs, the consumer price index for all items for all urban 84086
consumers for the north central region, published by the United 84087
States bureau of labor statistics, as that index existed on July 84088
1, 2005;84089

       (ii) In the case of subsequent calculations made under 84090
division (D)(1)(d) of this sectionEffective with the first 84091
rebasing and except as provided in division (D)(1)(d)(c)(iii) of 84092
this section, the consumer price index for all items for all urban 84093
consumers for the midwest region, published by the United States 84094
bureau of labor statistics;84095

       (iii) If the United States bureau of labor statistics ceases 84096
to publish the index specified in division (D)(1)(d)(c)(ii) of 84097
this section, the index the bureau subsequently publishes that 84098
covers urban consumers' prices for items for the region that 84099
includes this state.84100

        (2) For the purpose of determining a nursing facility's 84101
occupancy rate under division (D)(1)(a) of this section, the 84102
department shall include any beds that the nursing facility 84103
removes from its medicaid-certified capacity unless the nursing 84104
facility also removes the beds from its licensed bed capacity.84105

       (3) In making the identification under division (D)(1)(b) of 84106
this section, the department shall exclude both of the following:84107

        (a) Nursing facilities that participated in the medicaid 84108
program under the same provider for less than twelve months in the 84109
applicable calendar year;84110

        (b) Nursing facilities whose ancillary and support costs are 84111
more than one standard deviation from the mean desk-reviewed, 84112
actual, allowable, per diem ancillary and support cost for all 84113
nursing facilities in the nursing facility's peer group for the 84114
applicable calendar year.84115

       (3)(4) The department shall not redetermine a peer group's 84116
rate for ancillary and support costs under this division based on 84117
additional information that it receives after the rate is 84118
determined. The department shall redetermine a peer group's rate 84119
for ancillary and support costs only if itthe department made an 84120
error in determining the rate based on information available to 84121
the department at the time of the original determination.84122

       Sec. 5111.241.  (A) The department of job and family services 84123
shall pay a provider for each of the provider's eligible 84124
intermediate care facilities for the mentally retarded a per 84125
resident per day rate for indirect care costs established 84126
prospectively each fiscal year for each facility. The rate for 84127
each intermediate care facility for the mentally retarded shall be 84128
the sum of the following, but shall not exceed the maximum rate 84129
established for the facility's peer group under division (B) of 84130
this section:84131

       (1) The facility's desk-reviewed, actual, allowable, per diem 84132
indirect care costs from the calendar year preceding the fiscal 84133
year in which the rate will be paid, adjusted for the inflation 84134
rate estimated under division (C)(1) of this section;84135

       (2) An efficiency incentive in the following amount:84136

       (a) For fiscal years ending in even-numbered calendar years:84137

       (i) In the case of intermediate care facilities for the 84138
mentally retarded with more than eight beds, seven and one-tenth 84139
per cent of the maximum rate established for the facility's peer 84140
group under division (B) of this section;84141

       (ii) In the case of intermediate care facilities for the 84142
mentally retarded with eight or fewer beds, seven per cent of the 84143
maximum rate established for the facility's peer group under 84144
division (B) of this section;84145

       (b) For fiscal years ending in odd-numbered calendar years, 84146
the amount calculated for the preceding fiscal year under division 84147
(A)(2)(a) of this section.84148

       (B)(1) The maximum rate for indirect care costs for each peer 84149
group of intermediate care facilities for the mentally retarded 84150
with more than eight beds specified in rules adopted under 84151
division (D) of this section shall be determined as follows:84152

       (a) For fiscal years ending in even-numbered calendar years, 84153
the maximum rate for each peer group shall be the rate that is no 84154
less than twelve and four-tenths per cent above the median 84155
desk-reviewed, actual, allowable, per diem indirect care cost for 84156
all intermediate care facilities for the mentally retarded with 84157
more than eight beds in the group, excluding facilities in the 84158
group whose indirect care costs for that period are more than 84159
three standard deviations from the mean desk-reviewed, actual, 84160
allowable, per diem indirect care cost for all intermediate care 84161
facilities for the mentally retarded with more than eight beds, 84162
for the calendar year preceding the fiscal year in which the rate 84163
will be paid, adjusted by the inflation rate estimated under 84164
division (C)(1) of this section.84165

       (b) For fiscal years ending in odd-numbered calendar years, 84166
the maximum rate for each peer group is the group's maximum rate 84167
for the previous fiscal year, adjusted for the inflation rate 84168
estimated under division (C)(2) of this section.84169

       (2) The maximum rate for indirect care costs for each peer 84170
group of intermediate care facilities for the mentally retarded 84171
with eight or fewer beds specified in rules adopted under division 84172
(D) of this section shall be determined as follows:84173

       (a) For fiscal years ending in even-numbered calendar years, 84174
the maximum rate for each peer group shall be the rate that is no 84175
less than ten and three-tenths per cent above the median 84176
desk-reviewed, actual, allowable, per diem indirect care cost for 84177
all intermediate care facilities for the mentally retarded with 84178
eight or fewer beds in the group, excluding facilities in the 84179
group whose indirect care costs are more than three standard 84180
deviations from the mean desk-reviewed, actual, allowable, per 84181
diem indirect care cost for all intermediate care facilities for 84182
the mentally retarded with eight or fewer beds, for the calendar 84183
year preceding the fiscal year in which the rate will be paid, 84184
adjusted by the inflation rate estimated under division (C)(1) of 84185
this section.84186

       (b) For fiscal years that end in odd-numbered calendar years, 84187
the maximum rate for each peer group is the group's maximum rate 84188
for the previous fiscal year, adjusted for the inflation rate 84189
estimated under division (C)(2) of this section.84190

       (3) The department shall not recalculate a maximum rate for 84191
indirect care costs under division (B)(1) or (2) of this section 84192
based on additional information that it receives after the maximum 84193
rate is set. The department shall recalculate the maximum rate for 84194
indirect care costs only if it made an error in computing the 84195
maximum rate based on the information available at the time of the 84196
original calculation.84197

       (C)(1) When adjusting rates for inflation under divisions 84198
(A)(1), (B)(1)(a), and (B)(2)(a) of this section, the department 84199
shall estimate the rate of inflation for the eighteen-month period 84200
beginning on the first day of July of the calendar year preceding 84201
the fiscal year in which the rate will be paid and ending on the 84202
thirty-first day of December of the fiscal year in which the rate 84203
will be paid, using the. To estimate the rate of inflation, the 84204
department shall use the following:84205

       (a) The consumer price index for all items for all urban 84206
consumers for the north central region, published by the United 84207
States bureau of labor statistics;84208

       (b) If the United States bureau of labor statistics ceases to 84209
publish the index specified in division (C)(1)(a) of this section, 84210
a comparable index that the bureau publishes and the department 84211
determines is appropriate.84212

       (2) When adjusting rates for inflation under divisions 84213
(B)(1)(b) and (B)(2)(b) of this section, the department shall 84214
estimate the rate of inflation for the twelve-month period 84215
beginning on the first day of January of the fiscal year preceding 84216
the fiscal year in which the rate will be paid and ending on the 84217
thirty-first day of December of the fiscal year in which the rate 84218
will be paid, using the. To estimate the rate of inflation, the 84219
department shall use the following:84220

       (a) The consumer price index for all items for all urban 84221
consumers for the north central region, published by the United 84222
States bureau of labor statistics;84223

       (b) If the United States bureau of labor statistics ceases to 84224
publish the index specified in division (C)(2)(a) of this section, 84225
a comparable index that the bureau publishes and the department 84226
determines is appropriate.84227

       (3) If an inflation rate estimated under division (C)(1) or 84228
(2) of this section is different from the actual inflation rate 84229
for the relevant time period, as measured using the same index, 84230
the difference shall be added to or subtracted from the inflation 84231
rate estimated pursuant to this division for the following fiscal 84232
year.84233

       (D) The director of job and family services shall adopt rules 84234
under section 5111.02 of the Revised Code that specify peer groups 84235
of intermediate care facilities for the mentally retarded with 84236
more than eight beds, and peer groups of intermediate care 84237
facilities for the mentally retarded with eight or fewer beds, 84238
based on findings of significant per diem indirect care cost 84239
differences due to geography and facility bed-size. The rules also 84240
may specify peer groups based on findings of significant per diem 84241
indirect care cost differences due to other factors, including 84242
case-mix.84243

       Sec. 5111.244.  (A) As used in this section, "deficiency" and 84244
"standard survey" have the same meanings as in section 5111.35 of 84245
the Revised Code.84246

       (B) Each fiscal yearSubject to division (D) of this section, 84247
the department of job and family services shall pay the provider 84248
of each nursing facility a quality incentive payment. The amount 84249
of a quality incentive payment paid to a provider for a fiscal 84250
year shall be based on the number of points the provider's nursing 84251
facility is awarded under division (C) of this section for that 84252
fiscal yearmeeting accountability measures. The amount of a 84253
quality incentive payment paid to a provider of a nursing facility 84254
that is awarded no points may be zero. The mean payment for fiscal 84255
year 2007, weighted by medicaid days, shall be three dollars per 84256
medicaid day. The department shall adjust the mean payment for 84257
subsequent fiscal years by the same adjustment factors the 84258
department uses to adjust, pursuant to division (B) of section 84259
5111.222 of the Revised Code, nursing facilities' rates otherwise 84260
determined under divisions (A)(1), (2), (3), and (6) of that 84261
section.84262

        (C)(1) Except as provided by divisiondivisions (C)(2) and 84263
(D) of this section, the department shall annually award each 84264
nursing facility participating in the medicaid program one point 84265
for each of the following accountability measures the facility 84266
meets:84267

       (a) The facility had no health deficiencies on the facility's 84268
most recent standard survey.84269

       (b) The facility had no health deficiencies with a scope and 84270
severity level greater than E, as determined under nursing 84271
facility certification standards established under Title XIX, on 84272
the facility's most recent standard survey.84273

       (c) The facility's resident satisfaction is above the 84274
statewide average.84275

       (d) The facility's family satisfaction is above the statewide 84276
average.84277

       (e) The number of hours the facility employs nurses is above 84278
the statewide average.84279

       (f) The facility's employee retention rate is above the 84280
average for the facility's peer group established in division (C) 84281
of section 5111.231 of the Revised Code.84282

       (g) The facility's occupancy rate is above the statewide 84283
average.84284

       (h) The facility's medicaid utilization rate is above the 84285
statewide average.84286

       (i) The facility's case-mix score is above the statewide 84287
average.84288

       (2) The department shall award points pursuant to division 84289
(C)(1)(c) or (d) of this section to a nursing facility only for a 84290
fiscal year immediately following a calendar year for whichif a 84291
survey of resident or family satisfaction has beenwas conducted 84292
under section 173.47 of the Revised Code for the nursing facility 84293
in calendar year 2010.84294

       (D) The department shall cease to award points to nursing 84295
facilities under division (C) of this section on the earlier of 84296
the effective date of the rules adopted under division (E) of this 84297
section establishing new accountability measures and July 1, 2012. 84298
If the effective date of the rules establishing the new 84299
accountability measures is after July 1, 2012, the department 84300
shall not award any points, and therefore not pay quality 84301
incentive payments, for the period beginning July 1, 2012, and 84302
ending on the effective date of the rules. Once the rules are in 84303
effect, the department shall award each nursing facility 84304
participating in the medicaid program points in accordance with 84305
the new accountability measures established in the rules.84306

       (E) The director of job and family services shall adopt rules 84307
under section 5111.02 of the Revised Code as necessary to 84308
implement this section. The rules shall include, including rules 84309
governing the methodology for converting points awarded under this 84310
section into quality incentive payments and rules establishing the 84311
system for awarding points under division (C) of this section. The 84312
director shall strive to have in effect not later than July 1, 84313
2012, rules establishing new accountability measures for the 84314
purpose of division (D) of this section. In adopting those rules, 84315
the director shall collaborate with persons interested in the 84316
issue of medicaid coverage of nursing facility services. The new 84317
accountability measures shall include measures relating to the 84318
quality of care that nursing facilities provide their residents 84319
and the residents' quality of life.84320

       Sec. 5111.25.  (A) As used in this section, "applicable:84321

       (1) "Applicable calendar year" means the following:84322

       (1)(a) For the purpose of the department of job and family 84323
services' initial determination under division (D) of this section 84324
of each peer group's median rate for capital costs, calendar year 84325
2003;84326

       (2)(b) For the purpose of the department's subsequent 84327
determinations under division (D) of this section of each peer 84328
group's median rate for capital costsrebasings, the calendar year 84329
the department selects.84330

       (2) "Rebasing" means a redetermination under division (D) of 84331
this section of each peer groups' rate for capital costs using 84332
information from cost reports for an applicable calendar year that 84333
is later than the applicable calendar year used for the previous 84334
determination of such rates.84335

        (B) The department of job and family services shall pay a 84336
provider for each of the provider's eligible nursing facilities a 84337
per resident per day rate for capital costs. A nursing facility's 84338
rate for capital costs shall be the median rate for capital costs 84339
for the nursing facilities indetermined for the nursing 84340
facility's peer group as determined under division (D) of this 84341
section. 84342

        (C) For the purpose of determining nursing facilities' rate 84343
for capital costs, the department shall establish six peer groups.84344

        Each nursing facility located in any of the following 84345
counties shall be placed in peer group one or two: Brown, Butler, 84346
Clermont, Clinton, Hamilton, and Warren. Each nursing facility 84347
located in any of those counties that has fewer than one hundred 84348
beds shall be placed in peer group one. Each nursing facility 84349
located in any of those counties that has one hundred or more beds 84350
shall be placed in peer group two.84351

        Each nursing facility located in any of the following 84352
counties shall be placed in peer group three or four: Ashtabula, 84353
Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, 84354
Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, 84355
Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, 84356
Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, 84357
Union, and Wood. Each nursing facility located in any of those 84358
counties that has fewer than one hundred beds shall be placed in 84359
peer group three. Each nursing facility located in any of those 84360
counties that has one hundred or more beds shall be placed in peer 84361
group four.84362

        Each nursing facility located in any of the following 84363
counties shall be placed in peer group five or six: Adams, Allen, 84364
Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana, 84365
Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin, 84366
Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson, 84367
Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe, 84368
Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland, 84369
Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton, 84370
Washington, Wayne, Williams, and Wyandot. Each nursing facility 84371
located in any of those counties that has fewer than one hundred 84372
beds shall be placed in peer group five. Each nursing facility 84373
located in any of those counties that has one hundred or more beds 84374
shall be placed in peer group six.84375

        (D)(1) At least once every ten years, theThe department 84376
shall determine the median rate for capital costs for each peer 84377
group established under division (C) of this section. The median84378
department is not required to conduct a rebasing more than once 84379
every ten years. Except as necessary to implement the amendments 84380
made by this act to this section, the rate for capital costs 84381
determined under this division for a peer group shall be used for 84382
subsequent years until the department redetermines itconducts a 84383
rebasing. To determine aA peer group's median rate for capital 84384
costs shall be the rate for capital costs determined for the 84385
nursing facility in the peer group that is at the twenty-fifth 84386
percentile of the rate for capital costs for the applicable 84387
calendar year. In identifying that nursing facility, the 84388
department shall do both of the following:84389

        (a) Subject to division (D)(2) of this section, use the 84390
greater of each nursing facility's actual inpatient days for the 84391
applicable calendar year or the inpatient days the nursing 84392
facility would have had for the applicable calendar year if its 84393
occupancy rate had been one hundred per cent.;84394

        (b) Exclude both of the following:84395

        (i) Nursing facilities that participated in the medicaid 84396
program under the same provider for less than twelve months in the 84397
applicable calendar year;84398

        (ii) Nursing facilities whose capital costs are more than one 84399
standard deviation from the mean desk-reviewed, actual, allowable, 84400
per diem capital cost for all nursing facilities in the nursing 84401
facility's peer group for the applicable calendar year.84402

        (2) For the purpose of determining a nursing facility's 84403
occupancy rate under division (D)(1)(a) of this section, the 84404
department shall include any beds that the nursing facility 84405
removes from its medicaid-certified capacity after June 30, 2005, 84406
unless the nursing facility also removes the beds from its 84407
licensed bed capacity.84408

       (3) The department shall not redetermine a peer group's rate 84409
for capital costs under this division based on additional 84410
information that it receives after the rate is determined. The 84411
department shall redetermine a peer group's rate for capital costs 84412
only if the department made an error in determining the rate based 84413
on information available to the department at the time of the 84414
original determination.84415

       (E) Buildings shall be depreciated using the straight line 84416
method over forty years or over a different period approved by the 84417
department. Components and equipment shall be depreciated using 84418
the straight-line method over a period designated in rules adopted 84419
under section 5111.02 of the Revised Code, consistent with the 84420
guidelines of the American hospital association, or over a 84421
different period approved by the department. Any rules authorized 84422
by this division that specify useful lives of buildings, 84423
components, or equipment apply only to assets acquired on or after 84424
July 1, 1993. Depreciation for costs paid or reimbursed by any 84425
government agency shall not be included in capital costs unless 84426
that part of the payment under sections 5111.20 to 5111.33 of the 84427
Revised Code is used to reimburse the government agency.84428

       (F) The capital cost basis of nursing facility assets shall 84429
be determined in the following manner:84430

        (1) Except as provided in division (F)(3) of this section, 84431
for purposes of calculating the rates to be paid for facilities 84432
with dates of licensure on or before June 30, 1993, the capital 84433
cost basis of each asset shall be equal to the desk-reviewed, 84434
actual, allowable, capital cost basis that is listed on the 84435
facility's cost report for the calendar year preceding the fiscal 84436
year during which the rate will be paid.84437

       (2) For facilities with dates of licensure after June 30, 84438
1993, the capital cost basis shall be determined in accordance 84439
with the principles of the medicare program established under 84440
Title XVIII, except as otherwise provided in sections 5111.20 to 84441
5111.33 of the Revised Code.84442

       (3) Except as provided in division (F)(4) of this section, if 84443
a provider transfers an interest in a facility to another provider 84444
after June 30, 1993, there shall be no increase in the capital 84445
cost basis of the asset if the providers are related parties or 84446
the provider to which the interest is transferred authorizes the 84447
provider that transferred the interest to continue to operate the 84448
facility under a lease, management agreement, or other 84449
arrangement. If the previous sentence does not prohibit the 84450
adjustment of the capital cost basis under this division, the 84451
basis of the asset shall be adjusted by the lesser of the 84452
following:84453

       (a) One-half of the change in construction costs during the 84454
time that the transferor held the asset, as calculated by the 84455
department of job and family services using the "Dodge building 84456
cost indexes, northeastern and north central states," published by 84457
Marshall and Swift;84458

       (b) One-halfone-half of the change in the consumer price 84459
index for all items for all urban consumers, as published by the 84460
United States bureau of labor statistics, during the time that the 84461
transferor held the asset.84462

       (4) If a provider transfers an interest in a facility to 84463
another provider who is a related party, the capital cost basis of 84464
the asset shall be adjusted as specified in division (F)(3) of 84465
this section if all of the following conditions are met:84466

       (a) The related party is a relative of owner;84467

       (b) Except as provided in division (F)(4)(c)(ii) of this 84468
section, the provider making the transfer retains no ownership 84469
interest in the facility;84470

       (c) The department of job and family services determines that 84471
the transfer is an arm's length transaction pursuant to rules 84472
adopted under section 5111.02 of the Revised Code. The rules shall 84473
provide that a transfer is an arm's length transaction if all of 84474
the following apply:84475

       (i) Once the transfer goes into effect, the provider that 84476
made the transfer has no direct or indirect interest in the 84477
provider that acquires the facility or the facility itself, 84478
including interest as an owner, officer, director, employee, 84479
independent contractor, or consultant, but excluding interest as a 84480
creditor.84481

       (ii) The provider that made the transfer does not reacquire 84482
an interest in the facility except through the exercise of a 84483
creditor's rights in the event of a default. If the provider 84484
reacquires an interest in the facility in this manner, the 84485
department shall treat the facility as if the transfer never 84486
occurred when the department calculates its reimbursement rates 84487
for capital costs.84488

       (iii) The transfer satisfies any other criteria specified in 84489
the rules.84490

       (d) Except in the case of hardship caused by a catastrophic 84491
event, as determined by the department, or in the case of a 84492
provider making the transfer who is at least sixty-five years of 84493
age, not less than twenty years have elapsed since, for the same 84494
facility, the capital cost basis was adjusted most recently under 84495
division (F)(4) of this section or actual, allowable cost of 84496
ownership was determined most recently under division (G)(9) of 84497
this section.84498

       (G) As used in this division:84499

       "Imputed interest" means the lesser of the prime rate plus 84500
two per cent or ten per cent.84501

       "Lease expense" means lease payments in the case of an 84502
operating lease and depreciation expense and interest expense in 84503
the case of a capital lease. 84504

       "New lease" means a lease, to a different lessee, of a 84505
nursing facility that previously was operated under a lease.84506

       (1) Subject to division (B) of this section, for a lease of a 84507
facility that was effective on May 27, 1992, the entire lease 84508
expense is an actual, allowable capital cost during the term of 84509
the existing lease. The entire lease expense also is an actual, 84510
allowable capital cost if a lease in existence on May 27, 1992, is 84511
renewed under either of the following circumstances:84512

       (a) The renewal is pursuant to a renewal option that was in 84513
existence on May 27, 1992;84514

       (b) The renewal is for the same lease payment amount and 84515
between the same parties as the lease in existence on May 27, 84516
1992.84517

       (2) Subject to division (B) of this section, for a lease of a 84518
facility that was in existence but not operated under a lease on 84519
May 27, 1992, actual, allowable capital costs shall include the 84520
lesser of the annual lease expense or the annual depreciation 84521
expense and imputed interest expense that would be calculated at 84522
the inception of the lease using the lessor's entire historical 84523
capital asset cost basis, adjusted by the lesser of the following 84524
amounts:84525

       (a) One-half of the change in construction costs during the 84526
time the lessor held each asset until the beginning of the lease, 84527
as calculated by the department using the "Dodge building cost 84528
indexes, northeastern and north central states," published by 84529
Marshall and Swift;84530

       (b) One-halfone-half of the change in the consumer price 84531
index for all items for all urban consumers, as published by the 84532
United States bureau of labor statistics, during the time the 84533
lessor held each asset until the beginning of the lease.84534

       (3) Subject to division (B) of this section, for a lease of a 84535
facility with a date of licensure on or after May 27, 1992, that 84536
is initially operated under a lease, actual, allowable capital 84537
costs shall include the annual lease expense if there was a 84538
substantial commitment of money for construction of the facility 84539
after December 22, 1992, and before July 1, 1993. If there was not 84540
a substantial commitment of money after December 22, 1992, and 84541
before July 1, 1993, actual, allowable capital costs shall include 84542
the lesser of the annual lease expense or the sum of the 84543
following:84544

       (a) The annual depreciation expense that would be calculated 84545
at the inception of the lease using the lessor's entire historical 84546
capital asset cost basis;84547

       (b) The greater of the lessor's actual annual amortization of 84548
financing costs and interest expense at the inception of the lease 84549
or the imputed interest expense calculated at the inception of the 84550
lease using seventy per cent of the lessor's historical capital 84551
asset cost basis.84552

       (4) Subject to division (B) of this section, for a lease of a 84553
facility with a date of licensure on or after May 27, 1992, that 84554
was not initially operated under a lease and has been in existence 84555
for ten years, actual, allowable capital costs shall include the 84556
lesser of the annual lease expense or the annual depreciation 84557
expense and imputed interest expense that would be calculated at 84558
the inception of the lease using the entire historical capital 84559
asset cost basis of the lessor, adjusted by the lesser of the 84560
following:84561

       (a) One-half of the change in construction costs during the 84562
time the lessor held each asset until the beginning of the lease, 84563
as calculated by the department using the "Dodge building cost 84564
indexes, northeastern and north central states," published by 84565
Marshall and Swift;84566

       (b) One-halfone-half of the change in the consumer price 84567
index for all items for all urban consumers, as published by the 84568
United States bureau of labor statistics, during the time the 84569
lessor held each asset until the beginning of the lease.84570

       (5) Subject to division (B) of this section, for a new lease 84571
of a facility that was operated under a lease on May 27, 1992, 84572
actual, allowable capital costs shall include the lesser of the 84573
annual new lease expense or the annual old lease payment. If the 84574
old lease was in effect for ten years or longer, the old lease 84575
payment from the beginning of the old lease shall be adjusted by 84576
the lesser of the following:84577

       (a) One-half of the change in construction costs from the 84578
beginning of the old lease to the beginning of the new lease, as 84579
calculated by the department using the "Dodge building cost 84580
indexes, northeastern and north central states," published by 84581
Marshall and Swift;84582

       (b) One-halfone-half of the change in the consumer price 84583
index for all items for all urban consumers, as published by the 84584
United States bureau of labor statistics, from the beginning of 84585
the old lease to the beginning of the new lease.84586

       (6) Subject to division (B) of this section, for a new lease 84587
of a facility that was not in existence or that was in existence 84588
but not operated under a lease on May 27, 1992, actual, allowable 84589
capital costs shall include the lesser of annual new lease expense 84590
or the annual amount calculated for the old lease under division 84591
(G)(2), (3), (4), or (6) of this section, as applicable. If the 84592
old lease was in effect for ten years or longer, the lessor's 84593
historical capital asset cost basis shall be adjusted by the 84594
lesser of the following, for purposes of calculating the annual 84595
amount under division (G)(2), (3), (4), or (6) of this section:84596

       (a) One-half of the change in construction costs from the 84597
beginning of the old lease to the beginning of the new lease, as 84598
calculated by the department using the "Dodge building cost 84599
indexes, northeastern and north central states," published by 84600
Marshall and Swift;84601

       (b) One-half, adjusted by one-half of the change in the 84602
consumer price index for all items for all urban consumers, as 84603
published by the United States bureau of labor statistics, from 84604
the beginning of the old lease to the beginning of the new lease.84605

       In the case of a lease under division (G)(3) of this section 84606
of a facility for which a substantial commitment of money was made 84607
after December 22, 1992, and before July 1, 1993, the old lease 84608
payment shall be adjusted for the purpose of determining the 84609
annual amount.84610

       (7) For any revision of a lease described in division (G)(1), 84611
(2), (3), (4), (5), or (6) of this section, or for any subsequent 84612
lease of a facility operated under such a lease, other than 84613
execution of a new lease, the portion of actual, allowable capital 84614
costs attributable to the lease shall be the same as before the 84615
revision or subsequent lease.84616

       (8) Except as provided in division (G)(9) of this section, if 84617
a provider leases an interest in a facility to another provider 84618
who is a related party or previously operated the facility, the 84619
related party's or previous operator's actual, allowable capital 84620
costs shall include the lesser of the annual lease expense or the 84621
reasonable cost to the lessor.84622

       (9) If a provider leases an interest in a facility to another 84623
provider who is a related party, regardless of the date of the 84624
lease, the related party's actual, allowable capital costs shall 84625
include the annual lease expense, subject to the limitations 84626
specified in divisions (G)(1) to (7) of this section, if all of 84627
the following conditions are met:84628

       (a) The related party is a relative of owner;84629

       (b) If the lessor retains an ownership interest, it is, 84630
except as provided in division (G)(9)(c)(ii) of this section, in 84631
only the real property and any improvements on the real property;84632

       (c) The department of job and family services determines that 84633
the lease is an arm's length transaction pursuant to rules adopted 84634
under section 5111.02 of the Revised Code. The rules shall provide 84635
that a lease is an arm's length transaction if all of the 84636
following apply:84637

       (i) Once the lease goes into effect, the lessor has no direct 84638
or indirect interest in the lessee or, except as provided in 84639
division (G)(9)(b) of this section, the facility itself, including 84640
interest as an owner, officer, director, employee, independent 84641
contractor, or consultant, but excluding interest as a lessor.84642

       (ii) The lessor does not reacquire an interest in the 84643
facility except through the exercise of a lessor's rights in the 84644
event of a default. If the lessor reacquires an interest in the 84645
facility in this manner, the department shall treat the facility 84646
as if the lease never occurred when the department calculates its 84647
reimbursement rates for capital costs.84648

       (iii) The lease satisfies any other criteria specified in the 84649
rules.84650

       (d) Except in the case of hardship caused by a catastrophic 84651
event, as determined by the department, or in the case of a lessor 84652
who is at least sixty-five years of age, not less than twenty 84653
years have elapsed since, for the same facility, the capital cost 84654
basis was adjusted most recently under division (F)(4) of this 84655
section or actual, allowable capital costs were determined most 84656
recently under division (G)(9) of this section.84657

       (10) This division does not apply to leases of specific items 84658
of equipment.84659

       Sec. 5111.251.  (A) The department of job and family services 84660
shall pay a provider for each of the provider's eligible 84661
intermediate care facilities for the mentally retarded for its 84662
reasonable capital costs, a per resident per day rate established 84663
prospectively each fiscal year for each intermediate care facility 84664
for the mentally retarded. Except as otherwise provided in 84665
sections 5111.20 to 5111.33 of the Revised Code, the rate shall be 84666
based on the facility's capital costs for the calendar year 84667
preceding the fiscal year in which the rate will be paid. The rate 84668
shall equal the sum of the following:84669

       (1) The facility's desk-reviewed, actual, allowable, per diem 84670
cost of ownership for the preceding cost reporting period, limited 84671
as provided in divisions (C) and (F) of this section;84672

       (2) Any efficiency incentive determined under division (B) of 84673
this section;84674

       (3) Any amounts for renovations determined under division (D) 84675
of this section;84676

       (4) Any amounts for return on equity determined under 84677
division (I)(H) of this section.84678

       Buildings shall be depreciated using the straight line method 84679
over forty years or over a different period approved by the 84680
department. Components and equipment shall be depreciated using 84681
the straight line method over a period designated by the director 84682
of job and family services in rules adopted under section 5111.02 84683
of the Revised Code, consistent with the guidelines of the 84684
American hospital association, or over a different period approved 84685
by the department of job and family services. Any rules authorized 84686
by this division that specify useful lives of buildings, 84687
components, or equipment apply only to assets acquired on or after 84688
July 1, 1993. Depreciation for costs paid or reimbursed by any 84689
government agency shall not be included in costs of ownership or 84690
renovation unless that part of the payment under sections 5111.20 84691
to 5111.33 of the Revised Code is used to reimburse the government 84692
agency.84693

       (B) The department of job and family services shall pay to a 84694
provider for each of the provider's eligible intermediate care 84695
facilities for the mentally retarded an efficiency incentive equal 84696
to fifty per cent of the difference between any desk-reviewed, 84697
actual, allowable cost of ownership and the applicable limit on 84698
cost of ownership payments under division (C) of this section. For 84699
purposes of computing the efficiency incentive, depreciation for 84700
costs paid or reimbursed by any government agency shall be 84701
considered as a cost of ownership, and the applicable limit under 84702
division (C) of this section shall apply both to facilities with 84703
more than eight beds and facilities with eight or fewer beds. The 84704
efficiency incentive paid to a provider for a facility with eight 84705
or fewer beds shall not exceed three dollars per patient day, 84706
adjusted annually for the inflation rate for the twelve-month 84707
period beginning on the first day of July of the calendar year 84708
preceding the calendar year that precedes the fiscal year for 84709
which the efficiency incentive is determined and ending on the 84710
thirtieth day of the following June, using the consumer price 84711
index for shelter costs for all urban consumers for the north 84712
central region, as published by the United States bureau of labor 84713
statistics.84714

       (C) Cost of ownership payments for intermediate care 84715
facilities for the mentally retarded with more than eight beds 84716
shall not exceed the following limits:84717

       (1) For facilities with dates of licensure prior to January 84718
1, l958, not exceeding two dollars and fifty cents per patient 84719
day;84720

       (2) For facilities with dates of licensure after December 31, 84721
l957, but prior to January 1, l968, not exceeding:84722

       (a) Three dollars and fifty cents per patient day if the cost 84723
of construction was three thousand five hundred dollars or more 84724
per bed;84725

       (b) Two dollars and fifty cents per patient day if the cost 84726
of construction was less than three thousand five hundred dollars 84727
per bed.84728

       (3) For facilities with dates of licensure after December 31, 84729
l967, but prior to January 1, l976, not exceeding:84730

       (a) Four dollars and fifty cents per patient day if the cost 84731
of construction was five thousand one hundred fifty dollars or 84732
more per bed;84733

       (b) Three dollars and fifty cents per patient day if the cost 84734
of construction was less than five thousand one hundred fifty 84735
dollars per bed, but exceeds three thousand five hundred dollars 84736
per bed;84737

       (c) Two dollars and fifty cents per patient day if the cost 84738
of construction was three thousand five hundred dollars or less 84739
per bed.84740

       (4) For facilities with dates of licensure after December 31, 84741
l975, but prior to January 1, l979, not exceeding:84742

       (a) Five dollars and fifty cents per patient day if the cost 84743
of construction was six thousand eight hundred dollars or more per 84744
bed;84745

       (b) Four dollars and fifty cents per patient day if the cost 84746
of construction was less than six thousand eight hundred dollars 84747
per bed but exceeds five thousand one hundred fifty dollars per 84748
bed;84749

       (c) Three dollars and fifty cents per patient day if the cost 84750
of construction was five thousand one hundred fifty dollars or 84751
less per bed, but exceeds three thousand five hundred dollars per 84752
bed;84753

       (d) Two dollars and fifty cents per patient day if the cost 84754
of construction was three thousand five hundred dollars or less 84755
per bed.84756

       (5) For facilities with dates of licensure after December 31, 84757
l978, but prior to January 1, l980, not exceeding:84758

       (a) Six dollars per patient day if the cost of construction 84759
was seven thousand six hundred twenty-five dollars or more per 84760
bed;84761

       (b) Five dollars and fifty cents per patient day if the cost 84762
of construction was less than seven thousand six hundred 84763
twenty-five dollars per bed but exceeds six thousand eight hundred 84764
dollars per bed;84765

       (c) Four dollars and fifty cents per patient day if the cost 84766
of construction was six thousand eight hundred dollars or less per 84767
bed but exceeds five thousand one hundred fifty dollars per bed;84768

       (d) Three dollars and fifty cents per patient day if the cost 84769
of construction was five thousand one hundred fifty dollars or 84770
less but exceeds three thousand five hundred dollars per bed;84771

       (e) Two dollars and fifty cents per patient day if the cost 84772
of construction was three thousand five hundred dollars or less 84773
per bed.84774

       (6) For facilities with dates of licensure after December 31, 84775
1979, but prior to January 1, 1981, not exceeding:84776

       (a) Twelve dollars per patient day if the beds were 84777
originally licensed as residential facility beds by the department 84778
of developmental disabilities;84779

       (b) Six dollars per patient day if the beds were originally 84780
licensed as nursing home beds by the department of health.84781

       (7) For facilities with dates of licensure after December 31, 84782
1980, but prior to January 1, 1982, not exceeding:84783

       (a) Twelve dollars per patient day if the beds were 84784
originally licensed as residential facility beds by the department 84785
of developmental disabilities;84786

       (b) Six dollars and forty-five cents per patient day if the 84787
beds were originally licensed as nursing home beds by the 84788
department of health.84789

       (8) For facilities with dates of licensure after December 31, 84790
1981, but prior to January 1, 1983, not exceeding:84791

       (a) Twelve dollars per patient day if the beds were 84792
originally licensed as residential facility beds by the department 84793
of developmental disabilities;84794

       (b) Six dollars and seventy-nine cents per patient day if the 84795
beds were originally licensed as nursing home beds by the 84796
department of health.84797

       (9) For facilities with dates of licensure after December 31, 84798
1982, but prior to January 1, 1984, not exceeding:84799

       (a) Twelve dollars per patient day if the beds were 84800
originally licensed as residential facility beds by the department 84801
of developmental disabilities;84802

       (b) Seven dollars and nine cents per patient day if the beds 84803
were originally licensed as nursing home beds by the department of 84804
health.84805

       (10) For facilities with dates of licensure after December 84806
31, 1983, but prior to January 1, 1985, not exceeding:84807

       (a) Twelve dollars and twenty-four cents per patient day if 84808
the beds were originally licensed as residential facility beds by 84809
the department of developmental disabilities;84810

       (b) Seven dollars and twenty-three cents per patient day if 84811
the beds were originally licensed as nursing home beds by the 84812
department of health.84813

       (11) For facilities with dates of licensure after December 84814
31, 1984, but prior to January 1, 1986, not exceeding:84815

       (a) Twelve dollars and fifty-three cents per patient day if 84816
the beds were originally licensed as residential facility beds by 84817
the department of developmental disabilities;84818

       (b) Seven dollars and forty cents per patient day if the beds 84819
were originally licensed as nursing home beds by the department of 84820
health.84821

       (12) For facilities with dates of licensure after December 84822
31, 1985, but prior to January 1, 1987, not exceeding:84823

       (a) Twelve dollars and seventy cents per patient day if the 84824
beds were originally licensed as residential facility beds by the 84825
department of developmental disabilities;84826

       (b) Seven dollars and fifty cents per patient day if the beds 84827
were originally licensed as nursing home beds by the department of 84828
health.84829

       (13) For facilities with dates of licensure after December 84830
31, 1986, but prior to January 1, 1988, not exceeding:84831

       (a) Twelve dollars and ninety-nine cents per patient day if 84832
the beds were originally licensed as residential facility beds by 84833
the department of developmental disabilities;84834

       (b) Seven dollars and sixty-seven cents per patient day if 84835
the beds were originally licensed as nursing home beds by the 84836
department of health.84837

       (14) For facilities with dates of licensure after December 84838
31, 1987, but prior to January 1, 1989, not exceeding thirteen 84839
dollars and twenty-six cents per patient day;84840

       (15) For facilities with dates of licensure after December 84841
31, 1988, but prior to January 1, 1990, not exceeding thirteen 84842
dollars and forty-six cents per patient day;84843

       (16) For facilities with dates of licensure after December 84844
31, 1989, but prior to January 1, 1991, not exceeding thirteen 84845
dollars and sixty cents per patient day;84846

       (17) For facilities with dates of licensure after December 84847
31, 1990, but prior to January 1, 1992, not exceeding thirteen 84848
dollars and forty-nine cents per patient day;84849

       (18) For facilities with dates of licensure after December 84850
31, 1991, but prior to January 1, 1993, not exceeding thirteen 84851
dollars and sixty-seven cents per patient day;84852

       (19) For facilities with dates of licensure after December 84853
31, 1992, not exceeding fourteen dollars and twenty-eight cents 84854
per patient day.84855

       (D) Beginning January 1, 1981, regardless of the original 84856
date of licensure, the department of job and family services shall 84857
pay a rate for the per diem capitalized costs of renovations to 84858
intermediate care facilities for the mentally retarded made after 84859
January 1, l981, not exceeding six dollars per patient day using 84860
1980 as the base year and adjusting the amount annually until June 84861
30, 1993, for fluctuations in construction costs calculated by the 84862
department using the "Dodge building cost indexes, northeastern 84863
and north central states," published by Marshall and Swift. The 84864
payment provided for in this division is the only payment that 84865
shall be made for the capitalized costs of a nonextensive 84866
renovation of an intermediate care facility for the mentally 84867
retarded. Nonextensive renovation costs shall not be included in 84868
cost of ownership, and a nonextensive renovation shall not affect 84869
the date of licensure for purposes of division (C) of this 84870
section. This division applies to nonextensive renovations 84871
regardless of whether they are made by an owner or a lessee. If 84872
the tenancy of a lessee that has made renovations ends before the 84873
depreciation expense for the renovation costs has been fully 84874
reported, the former lessee shall not report the undepreciated 84875
balance as an expense.84876

       For a nonextensive renovation to qualify for payment under 84877
this division, both of the following conditions must be met:84878

       (1) At least five years have elapsed since the date of 84879
licensure or date of an extensive renovation of the portion of the 84880
facility that is proposed to be renovated, except that this 84881
condition does not apply if the renovation is necessary to meet 84882
the requirements of federal, state, or local statutes, ordinances, 84883
rules, or policies.84884

       (2) The provider has obtained prior approval from the 84885
department of job and family services. The provider shall submit a 84886
plan that describes in detail the changes in capital assets to be 84887
accomplished by means of the renovation and the timetable for 84888
completing the project. The time for completion of the project 84889
shall be no more than eighteen months after the renovation begins. 84890
The director of job and family services shall adopt rules under 84891
section 5111.02 of the Revised Code that specify criteria and 84892
procedures for prior approval of renovation projects. No provider 84893
shall separate a project with the intent to evade the 84894
characterization of the project as a renovation or as an extensive 84895
renovation. No provider shall increase the scope of a project 84896
after it is approved by the department of job and family services 84897
unless the increase in scope is approved by the department.84898

       (E) The amounts specified in divisions (C) and (D) of this 84899
section shall be adjusted beginning July 1, 1993, for the 84900
estimated inflation for the twelve-month period beginning on the 84901
first day of July of the calendar year preceding the calendar year 84902
that precedes the fiscal year for which rate will be paid and 84903
ending on the thirtieth day of the following June, using the 84904
consumer price index for shelter costs for all urban consumers for 84905
the north central region, as published by the United States bureau 84906
of labor statistics.84907

       (F)(1) For facilities of eight or fewer beds that have dates 84908
of licensure or have been granted project authorization by the 84909
department of developmental disabilities before July 1, 1993, and 84910
for facilities of eight or fewer beds that have dates of licensure 84911
or have been granted project authorization after that date if the 84912
providers of the facilities demonstrate that they made substantial 84913
commitments of funds on or before that date, cost of ownership 84914
shall not exceed eighteen dollars and thirty cents per resident 84915
per day. The eighteen-dollar and thirty-cent amount shall be 84916
increased by the change in the "Dodge building cost indexes, 84917
northeastern and north central states," published by Marshall and 84918
Swift, during the period beginning June 30, 1990, and ending July 84919
1, 1993, and by the change in the consumer price index for shelter 84920
costs for all urban consumers for the north central region, as 84921
published by the United States bureau of labor statistics, 84922
annually thereafter.84923

       (2) For facilities with eight or fewer beds that have dates 84924
of licensure or have been granted project authorization by the 84925
department of developmental disabilities on or after July 1, 1993, 84926
for which substantial commitments of funds were not made before 84927
that date, cost of ownership payments shall not exceed the 84928
applicable amount calculated under division (F)(1) of this 84929
section, if the department of job and family services gives prior 84930
approval for construction of the facility. If the department does 84931
not give prior approval, cost of ownership payments shall not 84932
exceed the amount specified in division (C) of this section.84933

       (3) Notwithstanding divisions (D) and (F)(1) and (2) of this 84934
section, the total payment for cost of ownership, cost of 84935
ownership efficiency incentive, and capitalized costs of 84936
renovations for an intermediate care facility for the mentally 84937
retarded with eight or fewer beds shall not exceed the sum of the 84938
limitations specified in divisions (C) and (D) of this section.84939

       (G) Notwithstanding any provision of this section or section 84940
5111.241 of the Revised Code, the director of job and family 84941
services may adopt rules under section 5111.02 of the Revised Code 84942
that provide for a calculation of a combined maximum payment limit 84943
for indirect care costs and cost of ownership for intermediate 84944
care facilities for the mentally retarded with eight or fewer 84945
beds.84946

       (H) After the date on which a transaction of sale is closed, 84947
the provider shall refund to the department the amount of excess 84948
depreciation paid to the provider for the facility by the 84949
department for each year the provider has operated the facility 84950
under a provider agreement and prorated according to the number of 84951
medicaid patient days for which the provider has received payment 84952
for the facility. For the purposes of this division, "depreciation 84953
paid to the provider for the facility" means the amount paid to 84954
the provider for the intermediate care facility for the mentally 84955
retarded for cost of ownership pursuant to this section less any 84956
amount paid for interest costs. For the purposes of this division, 84957
"excess depreciation" is the intermediate care facility for the 84958
mentally retarded's depreciated basis, which is the provider's 84959
cost less accumulated depreciation, subtracted from the purchase 84960
price but not exceeding the amount of depreciation paid to the 84961
provider for the facility.84962

       (I) The department of job and family services shall pay a 84963
provider for each of the provider's eligible proprietary 84964
intermediate care facilities for the mentally retarded a return on 84965
the facility's net equity computed at the rate of one and one-half 84966
times the average of interest rates on special issues of public 84967
debt obligations issued to the federal hospital insurance trust 84968
fund for the cost reporting period. No facility's return on net 84969
equity paid under this division shall exceed one dollar per 84970
patient day.84971

       In calculating the rate for return on net equity, the 84972
department shall use the greater of the facility's inpatient days 84973
during the applicable cost reporting period or the number of 84974
inpatient days the facility would have had during that period if 84975
its occupancy rate had been ninety-five per cent.84976

       (J)(I)(1) Except as provided in division (J)(I)(2) of this 84977
section, if a provider leases or transfers an interest in a 84978
facility to another provider who is a related party, the related 84979
party's allowable cost of ownership shall include the lesser of 84980
the following:84981

       (a) The annual lease expense or actual cost of ownership, 84982
whichever is applicable;84983

       (b) The reasonable cost to the lessor or provider making the 84984
transfer.84985

       (2) If a provider leases or transfers an interest in a 84986
facility to another provider who is a related party, regardless of 84987
the date of the lease or transfer, the related party's allowable 84988
cost of ownership shall include the annual lease expense or actual 84989
cost of ownership, whichever is applicable, subject to the 84990
limitations specified in divisions (B) to (I)(H) of this section, 84991
if all of the following conditions are met:84992

       (a) The related party is a relative of owner;84993

       (b) In the case of a lease, if the lessor retains any 84994
ownership interest, it is, except as provided in division84995
(J)(I)(2)(d)(ii) of this section, in only the real property and 84996
any improvements on the real property;84997

       (c) In the case of a transfer, the provider making the 84998
transfer retains, except as provided in division (J)(I)(2)(d)(iv) 84999
of this section, no ownership interest in the facility;85000

       (d) The department of job and family services determines that 85001
the lease or transfer is an arm's length transaction pursuant to 85002
rules adopted under section 5111.02 of the Revised Code. The rules 85003
shall provide that a lease or transfer is an arm's length 85004
transaction if all of the following, as applicable, apply:85005

       (i) In the case of a lease, once the lease goes into effect, 85006
the lessor has no direct or indirect interest in the lessee or, 85007
except as provided in division (J)(I)(2)(b) of this section, the 85008
facility itself, including interest as an owner, officer, 85009
director, employee, independent contractor, or consultant, but 85010
excluding interest as a lessor.85011

       (ii) In the case of a lease, the lessor does not reacquire an 85012
interest in the facility except through the exercise of a lessor's 85013
rights in the event of a default. If the lessor reacquires an 85014
interest in the facility in this manner, the department shall 85015
treat the facility as if the lease never occurred when the 85016
department calculates its reimbursement rates for capital costs.85017

       (iii) In the case of a transfer, once the transfer goes into 85018
effect, the provider that made the transfer has no direct or 85019
indirect interest in the provider that acquires the facility or 85020
the facility itself, including interest as an owner, officer, 85021
director, employee, independent contractor, or consultant, but 85022
excluding interest as a creditor.85023

       (iv) In the case of a transfer, the provider that made the 85024
transfer does not reacquire an interest in the facility except 85025
through the exercise of a creditor's rights in the event of a 85026
default. If the provider reacquires an interest in the facility in 85027
this manner, the department shall treat the facility as if the 85028
transfer never occurred when the department calculates its 85029
reimbursement rates for capital costs.85030

       (v) The lease or transfer satisfies any other criteria 85031
specified in the rules.85032

       (e) Except in the case of hardship caused by a catastrophic 85033
event, as determined by the department, or in the case of a lessor 85034
or provider making the transfer who is at least sixty-five years 85035
of age, not less than twenty years have elapsed since, for the 85036
same facility, allowable cost of ownership was determined most 85037
recently under this division.85038

       Sec. 5111.254.  (A) The department of job and family services 85039
shall establish initial rates for a nursing facility with a first 85040
date of licensure that is on or after July 1, 2006, including a 85041
facility that replaces one or more existing facilities, or for a 85042
nursing facility with a first date of licensure before that date 85043
that was initially certified for the medicaid program on or after 85044
that date, in the following manner:85045

       (1) The rate for direct care costs shall be the product of 85046
the cost per case-mix unit determined under division (D) of 85047
section 5111.231 of the Revised Code for the facility's peer group 85048
and the nursing facility's case-mix score. For the purpose of 85049
division (A)(1) of this section, the nursing facility's case-mix 85050
score shall be the following:85051

        (a) Unless the nursing facility replaces an existing nursing 85052
facility that participated in the medicaid program immediately 85053
before the replacement nursing facility begins participating in 85054
the medicaid program, the median annual average case-mix score for 85055
the nursing facility's peer group;85056

        (b) If the nursing facility replaces an existing nursing 85057
facility that participated in the medicaid program immediately 85058
before the replacement nursing facility begins participating in 85059
the medicaid program, the semiannual case-mix score most recently 85060
determined under section 5111.232 of the Revised Code for the 85061
replaced nursing facility as adjusted, if necessary, to reflect 85062
any difference in the number of beds in the replaced and 85063
replacement nursing facilities.85064

       (2) The rate for ancillary and support costs shall be the 85065
rate for the facility's peer group determined under division (D) 85066
of section 5111.24 of the Revised Code.85067

       (3) The rate for capital costs shall be the median rate for 85068
the facility's peer group determined under division (D) of section 85069
5111.25 of the Revised Code.85070

       (4) The rate for tax costs as defined in section 5111.242 of 85071
the Revised Code shall be the median rate for tax costs for the 85072
facility's peer group in which the facility is placed under 85073
division (C) of section 5111.24 of the Revised Code.85074

       (5) The quality incentive payment, if any, shall be the mean 85075
payment specified in division (B) ofmade to nursing facilities 85076
under section 5111.244 of the Revised Code.85077

       (B) Subject to division (C) of this section, the department 85078
shall adjust the rates established under division (A) of this 85079
section effective the first day of July, to reflect new rate 85080
calculations for all nursing facilities under sections 5111.20 to 85081
5111.33 of the Revised Code.85082

       (C) If a rate for direct care costs is determined under this 85083
section for a nursing facility using the median annual average 85084
case-mix score for the nursing facility's peer group, the rate 85085
shall be redetermined to reflect the replacement nursing 85086
facility's actual semiannual case-mix score determined under 85087
section 5111.232 of the Revised Code after the nursing facility 85088
submits its first two quarterly assessment data that qualify for 85089
use in calculating a case-mix score in accordance with rules 85090
authorized by division (E) of section 5111.232 of the Revised 85091
Code. If the nursing facility's quarterly submissions do not 85092
qualify for use in calculating a case-mix score, the department 85093
shall continue to use the median annual average case-mix score for 85094
the nursing facility's peer group in lieu of the nursing 85095
facility's semiannual case-mix score until the nursing facility 85096
submits two consecutive quarterly assessment data that qualify for 85097
use in calculating a case-mix score.85098

       Sec. 5111.258.  (A) Notwithstanding sections 5111.20 to 85099
5111.33 of the Revised Code (except section 5111.259 of the 85100
Revised Code), the director of job and family services shall adopt 85101
rules under section 5111.02 of the Revised Code that establish a 85102
methodology for calculating the prospective rates that will be 85103
paid each fiscal year to a provider for each of the provider's 85104
eligible nursing facilities and intermediate care facilities for 85105
the mentally retarded, and discrete units of the provider's 85106
nursing facilities or intermediate care facilities for the 85107
mentally retarded, that serve residents who have diagnoses or 85108
special care needs that require direct care resources that are not 85109
measured adequately by the applicable assessment instrument 85110
specified in rules authorized by section 5111.232 of the Revised 85111
Code, or who have diagnoses or special care needs specified in the 85112
rules as otherwise qualifying for consideration under this 85113
section. The facilities and units of facilities whose rates are 85114
established under this division may include, but shall not be 85115
limited to, any of the following:85116

       (1) In the case of nursing facilities, facilities and units 85117
of facilities that serve medically fragile pediatric residents, 85118
residents who are dependent on ventilators, or residents who have 85119
severe traumatic brain injury, end-stage Alzheimer's disease, or 85120
end-stage acquired immunodeficiency syndrome;85121

       (2) In the case of intermediate care facilities for the 85122
mentally retarded, facilities and units of facilities that serve 85123
residents who have complex medical conditions or severe behavioral 85124
problems.85125

       The department shall use the methodology established under 85126
this division to pay for services rendered by such facilities and 85127
units after June 30, 1993.85128

       The rules authorized by this division shall specify the 85129
criteria and procedures the department will apply when designating 85130
facilities and units that qualify for calculation of rates under 85131
this division. The criteria shall include consideration of whether 85132
all of the allowable costs of the facility or unit would be paid 85133
by rates established under sections 5111.20 to 5111.33 of the 85134
Revised Code, and shall establish a minimum bed size for a 85135
facility or unit to qualify to have its rates established under 85136
this division. The criteria shall not be designed to require that 85137
residents be served only in facilities located in large cities. 85138
The methodology established by the rules shall consider the 85139
historical costs of providing care to the residents of the 85140
facilities or units.85141

       The rules may require that a facility designated under this 85142
division or containing a unit designated under this division 85143
receive authorization from the department to admit or retain a 85144
resident to the facility or unit and shall specify the criteria 85145
and procedures the department will apply when granting that 85146
authorization.85147

       Notwithstanding any other provision of sections 5111.20 to 85148
5111.33 of the Revised Code (except section 5111.259 of the 85149
Revised Code), the costs incurred by facilities or units whose 85150
rates are established under this division shall not be considered 85151
in establishing payment rates for other facilities or units.85152

       (B) The director may adopt rules under section 5111.02 of the 85153
Revised Code under which the department, notwithstanding any other 85154
provision of sections 5111.20 to 5111.33 of the Revised Code 85155
(except section 5111.259 of the Revised Code), may adjust the 85156
rates determined under sections 5111.20 to 5111.33 of the Revised 85157
Code for a facility that serves a resident who has a diagnosis or 85158
special care need that, in the rules authorized by division (A) of 85159
this section, would qualify a facility or unit of a facility to 85160
have its rate determined under that division, but who is not in 85161
such a unit. The rules may require that a facility that qualifies 85162
for a rate adjustment under this division receive authorization 85163
from the department to admit or retain a resident who qualifies 85164
the facility for the rate adjustment and shall specify the 85165
criteria and procedures the department will apply when granting 85166
that authorization.85167

       Sec. 5111.259. The director of job and family services may 85168
submit a request to the United States secretary of health and 85169
human services for approval to establish a centers of excellence 85170
component of the medicaid program. The purpose of the centers of 85171
excellence component is to increase the efficiency and quality of 85172
nursing facility services provided to medicaid recipients with 85173
complex nursing facility service needs. If federal approval for 85174
the centers of excellence component is granted, the director may 85175
adopt rules under section 5111.02 of the Revised Code governing 85176
the component, including rules that establish a method of 85177
determining the medicaid reimbursement rates for nursing 85178
facilities providing nursing facility services to medicaid 85179
recipients participating in the component. The rules may specify 85180
the extent to which, if any, of the provisions of section 5111.258 85181
of the Revised Code are to apply to the centers of excellence 85182
component. If such rules are adopted, the nursing facilities that 85183
provide nursing facility services to medicaid recipients 85184
participating in the centers of excellence component shall be paid 85185
for those services in accordance with the method established in 85186
the rules notwithstanding anything to the contrary in sections 85187
5111.20 to 5111.33 of the Revised Code.85188

       Sec. 5111.261.  (A) Except as provided in division (B) of 85189
this section and not later than three years after a provider files 85190
a cost report with the department of job and family services under 85191
section 5111.26 of the Revised Code, the provider may amend the 85192
cost report if the provider discovers a material error in the cost 85193
report or additional information to be included in the cost 85194
report. The department shall review the amended cost report for 85195
accuracy and notify the provider of its determination.85196

       (B) A provider may not amend a cost report if the department 85197
has notified the provider that an audit of the cost report or a 85198
cost report of the provider for a subsequent cost reporting period 85199
is to be conducted under section 5111.27 of the Revised Code. The 85200
provider may, however, provide the department information that 85201
affects the costs included in the cost report. Such information 85202
may not be provided after the adjudication of the final settlement 85203
of the cost report.85204

       Sec. 5111.261.        Sec. 5111.263.  Except as otherwise provided in 85205
section 5111.264 of the Revised Code, the department of job and 85206
family services, in determining whether an intermediate care 85207
facility for the mentally retarded's direct care costs and 85208
indirect care costs are allowable, shall place no limit on 85209
specific categories of reasonable costs other than compensation of 85210
owners, compensation of relatives of owners, and compensation of 85211
administrators.85212

       Compensation cost limits for owners and relatives of owners 85213
shall be based on compensation costs for individuals who hold 85214
comparable positions but who are not owners or relatives of 85215
owners, as reported on facility cost reports. As used in this 85216
section, "comparable position" means the position that is held by 85217
the owner or the owner's relative, if that position is listed 85218
separately on the cost report form, or if the position is not 85219
listed separately, the group of positions that is listed on the 85220
cost report form and that includes the position held by the owner 85221
or the owner's relative. In the case of an owner or owner's 85222
relative who serves the facility in a capacity such as corporate 85223
officer, proprietor, or partner for which no comparable position 85224
or group of positions is listed on the cost report form, the 85225
compensation cost limit shall be based on civil service 85226
equivalents and shall be specified in rules adopted under section 85227
5111.02 of the Revised Code.85228

       Compensation cost limits for administrators shall be based on 85229
compensation costs for administrators who are not owners or 85230
relatives of owners, as reported on facility cost reports. 85231
Compensation cost limits for administrators of four or more 85232
intermediate care facilities for the mentally retarded shall be 85233
the same as the limits for administrators of intermediate care 85234
facilities for the mentally retarded with one hundred fifty or 85235
more beds.85236

       Sec. 5111.27.  (A) The department of job and family services 85237
shall conduct a desk review of each cost report it receives under 85238
section 5111.26 of the Revised Code. Based on the desk review, the 85239
department shall make a preliminary determination of whether the 85240
reported costs are allowable costs. The department shall notify 85241
each provider of whether any of the reported costs are 85242
preliminarily determined not to be allowable, the rate calculation 85243
under sections 5111.20 to 5111.33 of the Revised Code that results 85244
from that determination, and the reasons for the determination and 85245
resulting rate. The department shall allow the provider to verify 85246
the calculation and submit additional information.85247

       (B) The department may conduct an audit, as defined by rule 85248
adopted under section 5111.02 of the Revised Code, of any cost 85249
report and shall notify the provider of its findings.85250

       Audits shall be conducted by auditors under contract with or 85251
employed by the department. The decision whether to conduct an 85252
audit and the scope of the audit, which may be a desk or field 85253
audit, shallmay be determined based on prior performance of the 85254
provider and may be based on, a risk analysis, or other evidence 85255
that gives the department reason to believe that the provider has 85256
reported costs improperly. A desk or field audit may be performed 85257
annually, but is required whenever a provider does not pass the 85258
risk analysis tolerance factors. An audit shall be conducted by 85259
auditors under contract with or employed by the department. The 85260
department shall notify a provider of the findings of an audit by 85261
issuing an audit report. The department shall issue the audit 85262
report no later than three years after the cost report is filed, 85263
or upon the completion of a desk or field audit on the report or a 85264
report for a subsequent cost reporting period, whichever is 85265
earlier. During the time within which the department may issue an 85266
audit report, the provider may amend the cost report upon 85267
discovery of a material error or material additional information. 85268
The department shall review the amended cost report for accuracy 85269
and notify the provider of its determination.85270

       The department may establish a contract for the auditing of 85271
facilities by outside firms. Each contract entered into by bidding 85272
shall be effective for one to two years. The department shall 85273
establish an audit manual and program which shall require that all 85274
field audits, conducted either pursuant to a contract or by 85275
department employees:85276

       (1) Comply with the applicable rules prescribed pursuant to 85277
Titles XVIII and XIX;85278

       (2) Consider generally accepted auditing standards prescribed 85279
by the American institute of certified public accountants;85280

       (3) Include a written summary as to whether the costs 85281
included in the report examined during the audit are allowable and 85282
are presented fairly in accordance with generally accepted 85283
accounting principles and department rulesstate and federal laws 85284
and regulations, and whether, in all material respects, allowable 85285
costs are documented, reasonable, and related to patient care;85286

       (4) Are conducted by accounting firms or auditors who, during 85287
the period of the auditors' professional engagement or employment 85288
and during the period covered by the cost reports, do not have nor 85289
are committed to acquire any direct or indirect financial interest 85290
in the ownership, financing, or operation of a nursing facility or 85291
intermediate care facility for the mentally retarded in this 85292
state;85293

       (5) Are conducted by accounting firms or auditors who, as a 85294
condition of the contract or employment, shall not audit any 85295
facility that has been a client of the firm or auditor;85296

       (6) Are conducted by auditors who are otherwise independent 85297
as determined by the standards of independence established by85298
included in the American institute of certified public accountants85299
government auditing standards produced by the United States 85300
government accountability office;85301

       (7) Are completed within the time period specified by the 85302
department;85303

       (8) Provide to the provider complete written interpretations 85304
that explain in detail the application of all relevant contract 85305
provisions, regulations, auditing standards, rate formulae, and 85306
departmental policies, with explanations and examples, that are 85307
sufficient to permit the provider to calculate with reasonable 85308
certainty those costs that are allowable and the rate to which the 85309
provider's facility is entitled.85310

       For the purposes of division (B)(4) of this section, 85311
employment of a member of an auditor's family by a nursing 85312
facility or intermediate care facility for the mentally retarded 85313
that the auditor does not review does not constitute a direct or 85314
indirect financial interest in the ownership, financing, or 85315
operation of the facility.85316

       (C) The department, pursuant to rules adopted under section 85317
5111.02 of the Revised Code, may conduct an exception review of 85318
assessment data submitted under section 5111.232 of the Revised 85319
Code. The department may conduct an exception review based on the 85320
findings of a certification survey conducted by the department of 85321
health, a risk analysis, or prior performance of the provider.85322

       Exception reviews shall be conducted at the facility by 85323
appropriate health professionals under contract with or employed 85324
by the department of job and family services. The professionals 85325
may review resident assessment forms and supporting documentation, 85326
conduct interviews, and observe residents to identify any patterns 85327
or trends of inaccurate assessments and resulting inaccurate 85328
case-mix scores.85329

       The rules shall establish an exception review program that 85330
requires that exception reviews do all of the following:85331

       (1) Comply with Titles XVIII and XIX;85332

       (2) Provide a written summary that states whether the 85333
resident assessment forms have been completed accurately;85334

       (3) Are conducted by health professionals who, during the 85335
period of their professional engagement or employment with the 85336
department, neither have nor are committed to acquire any direct 85337
or indirect financial interest in the ownership, financing, or 85338
operation of a nursing facility or intermediate care facility for 85339
the mentally retarded in this state;85340

       (4) Are conducted by health professionals who, as a condition 85341
of their engagement or employment with the department, shall not 85342
review any provider that has been a client of the professional.85343

       For the purposes of division (C)(3) of this section, 85344
employment of a member of a health professional's family by a 85345
nursing facility or intermediate care facility for the mentally 85346
retarded that the professional does not review does not constitute 85347
a direct or indirect financial interest in the ownership, 85348
financing, or operation of the facility.85349

       If an exception review is conducted before the effective date 85350
of the rate that is based on the case-mix data subject to the 85351
review and the review results in findings that exceed tolerance 85352
levels specified in the rules adopted under this division, the 85353
department, in accordance with those rules, may use the findings 85354
to recalculate individual resident case-mix scores, quarterly 85355
average facility case-mix scores, and annual average facility 85356
case-mix scores. The department may use the recalculated quarterly 85357
and annual facility average case-mix scores to calculate the 85358
facility's rate for direct care costs for the appropriate calendar 85359
quarter or quarters.85360

       (D) The department shall prepare a written summary of any 85361
audit disallowance or exception review finding that is made after 85362
the effective date of the rate that is based on the cost or 85363
case-mix data. Where the provider is pursuing judicial or 85364
administrative remedies in good faith regarding the disallowance 85365
or finding, the department shall not withhold from the provider's 85366
current payments any amounts the department claims to be due from 85367
the provider pursuant to section 5111.28 of the Revised Code.85368

       (E) The department shall not reduce rates calculated under 85369
sections 5111.20 to 5111.33 of the Revised Code on the basis that 85370
the provider charges a lower rate to any resident who is not 85371
eligible for the medicaid program.85372

       (F) The department shall adjust the rates calculated under 85373
sections 5111.20 to 5111.33 of the Revised Code to account for 85374
reasonable additional costs that must be incurred by intermediate 85375
care facilities for the mentally retarded to comply with 85376
requirements of federal or state statutes, rules, or policies 85377
enacted or amended after January 1, 1992, or with orders issued by 85378
state or local fire authorities.85379

       Sec. 5111.28.  (A) If a provider properly amends its cost 85380
report under section 5111.275111.261 of the Revised Code and the 85381
amended report shows that the provider received a lower rate under 85382
the original cost report than it was entitled to receive, the 85383
department of job and family services shall adjust the provider's 85384
rate prospectively to reflect the corrected information. The 85385
department shall pay the adjusted rate beginning two months after 85386
the first day of the month after the provider files the amended 85387
cost report. If the department finds, from an exception review of 85388
resident assessment information conducted after the effective date 85389
of the rate for direct care costs that is based on the assessment 85390
information, that inaccurate assessment information resulted in 85391
the provider receiving a lower rate than it was entitled to 85392
receive, the department prospectively shall adjust the provider's 85393
rate accordingly and shall make payments using the adjusted rate 85394
for the remainder of the calendar quarter for which the assessment 85395
information is used to determine the rate, beginning one month 85396
after the first day of the month after the exception review is 85397
completed.85398

       (B) If the provider properly amends its cost report under 85399
section 5111.275111.261 of the Revised Code, the department makes 85400
a finding based on an audit under that section 5111.27 of the 85401
Revised Code, or the department makes a finding based on an 85402
exception review of resident assessment information conducted 85403
under that section 5111.27 of the Revised Code after the effective 85404
date of the rate for direct care costs that is based on the 85405
assessment information, any of which results in a determination 85406
that the provider has received a higher rate than it was entitled 85407
to receive, the department shall recalculate the provider's rate 85408
using the revised information. The department shall apply the 85409
recalculated rate to the periods when the provider received the 85410
incorrect rate to determine the amount of the overpayment. The 85411
provider shall refund the amount of the overpayment.85412

       In addition to requiring a refund under this division, the 85413
department may charge the provider interest at the applicable rate 85414
specified in this division from the time the overpayment was made.85415

       (1) If the overpayment resulted from costs reported for 85416
calendar year 1993, the interest shall be no greater than one and 85417
one-half times the average bank prime rate.85418

       (2) If the overpayment resulted from costs reported for 85419
subsequent calendar years:85420

       (a) The interest shall be no greater than two times the 85421
average bank prime rate if the overpayment was equal to or less 85422
than one per cent of the total medicaid payments to the provider 85423
for the fiscal year for which the incorrect information was used 85424
to establish a rate.85425

       (b) The interest shall be no greater than two and one-half 85426
times the current average bank prime rate if the overpayment was 85427
greater than one per cent of the total medicaid payments to the 85428
provider for the fiscal year for which the incorrect information 85429
was used to establish a rate.85430

       (C) The department also may impose the following penalties:85431

       (1) If a provider does not furnish invoices or other 85432
documentation that the department requests during an audit within 85433
sixty days after the request, no more than the greater of one 85434
thousand dollars per audit or twenty-five per cent of the 85435
cumulative amount by which the costs for which documentation was 85436
not furnished increased the total medicaid payments to the 85437
provider during the fiscal year for which the costs were used to 85438
establish a rate;85439

       (2) If an exiting operator or owner fails to provide notice 85440
of a facility closure, voluntary termination, or voluntary 85441
withdrawal of participation in the medicaid program as required by 85442
section 5111.66 of the Revised Code, or an exiting operator or 85443
owner and entering operator fail to provide notice of a change of 85444
operator as required by section 5111.67 of the Revised Code, no 85445
more than the current average bank prime rate plus four per cent 85446
of the last two monthly payments.85447

       (D) If the provider continues to participate in the medicaid 85448
program, the department shall deduct any amount that the provider 85449
is required to refund under this section, and the amount of any 85450
interest charged or penalty imposed under this section, from the 85451
next available payment from the department to the provider. The 85452
department and the provider may enter into an agreement under 85453
which the amount, together with interest, is deducted in 85454
installments from payments from the department to the provider.85455

       (E) The department shall transmit refunds and penalties to 85456
the treasurer of state for deposit in the general revenue fund.85457

       (F) For the purpose of this section, the department shall 85458
determine the average bank prime rate using statistical release 85459
H.15, "selected interest rates," a weekly publication of the 85460
federal reserve board, or any successor publication. If 85461
statistical release H.15, or its successor, ceases to contain the 85462
bank prime rate information or ceases to be published, the 85463
department shall request a written statement of the average bank 85464
prime rate from the federal reserve bank of Cleveland or the 85465
federal reserve board.85466

       Sec. 5111.33. Reimbursement to a provider under sections 85467
5111.20 to 5111.32 of the Revised Code shall include payments to 85468
the provider, at a rate equal to the percentage of the per 85469
resident per day rates that the(A) The department of job and 85470
family services has established for the provider's nursing 85471
facility or intermediate care facility for the mentally retarded85472
may make payments to a provider under sections 5111.20 to 5111.33 85473
of the Revised Code for the fiscal year for which the cost of 85474
services is reimbursed, to reserve a bed for a recipient during a 85475
temporary absence under conditions prescribed by the department, 85476
to include hospitalization for an acute condition, visits with 85477
relatives and friends, and participation in therapeutic programs 85478
outside the facility, when the resident's plan of care provides 85479
for such absence and federal participation in the payments is 85480
available. The85481

       (B) The maximum period duringfor which payments may be made 85482
to reserve a bed shall not exceed the maximum period specified 85483
under federal regulations, and shall not be more thanfollowing:85484

       (1) For calendar year 2011 and in the case of a bed in a 85485
nursing facility, thirty days during any calendar year for 85486
hospital stays, visits with relatives and friends, and 85487
participation in therapeutic programs;85488

       (2) For calendar year 2012 and each calendar year thereafter 85489
and in the case of a bed in a nursing facility, fifteen days;85490

       (3) For any calendar year and in the case of a bed in an 85491
intermediate care facility for the mentally retarded, the number 85492
of days specified in rules adopted under section 5111.02 of the 85493
Revised Code. Recipients who have been identified by the 85494
department as requiring the level of care of an intermediate care 85495
facility for the mentally retarded shall not be subject to a 85496
maximum period during which payments may be made to reserve a bed 85497
if prior authorization of the department is obtained for hospital 85498
stays, visits with relatives and friends, and participation in 85499
therapeutic programs. The director of job and family services 85500
shall adopt rules under section 5111.02 of the Revised Code 85501
establishing conditions under which prior authorization may be 85502
obtained.85503

       (C) The department shall establish the per diem rates to be 85504
paid to providers for reserving beds under this section. In 85505
establishing the per diem rates, the department shall do the 85506
following:85507

        (1) In the case of a payment to reserve a bed in a nursing 85508
facility for a day during calendar year 2011, set the per diem 85509
rate at an amount not exceeding fifty per cent of the per diem 85510
rate the provider would be paid if the recipient were not absent 85511
from the nursing facility that day;85512

        (2) In the case of a payment to reserve a bed in a nursing 85513
facility for a day during calendar year 2012 and each calendar 85514
year thereafter, set the per diem rate at an amount not exceeding 85515
twenty-five per cent of the per diem rate the provider would be 85516
paid if the recipient were not absent from the nursing facility 85517
that day;85518

        (3) In the case of a payment to reserve a bed in an 85519
intermediate care facility for the mentally retarded for a day 85520
during any calendar year, set the per diem rate at an amount equal 85521
to a percentage specified in rules adopted under section 5111.02 85522
of the Revised Code of the per diem rate the provider would be 85523
paid if the recipient were not absent from the facility that day. 85524

       Sec. 5111.35.  As used in this section "a resident's rights" 85525
means the rights of a nursing facility resident under sections 85526
3721.10 to 3721.17 of the Revised Code and subsection (c) of 85527
section 1819 or 1919 of the "Social Security Act," 49 Stat. 620 85528
(1935), 42 U.S.C.A. 301, as amended, and regulations issued under 85529
those subsections.85530

       As used in sections 5111.35 to 5111.62 of the Revised Code:85531

       (A) "Certification requirements" means the requirements for 85532
nursing facilities established under sections 1819 and 1919 of the 85533
"Social Security Act."85534

       (B) "Compliance" means substantially meeting all applicable 85535
certification requirements.85536

       (C) "Contracting agency" means a state agency that has 85537
entered into a contract with the department of job and family 85538
services under section 5111.38 of the Revised Code.85539

       (D)(1) "Deficiency" means a finding cited by the department 85540
of health during a survey, on the basis of one or more actions, 85541
practices, situations, or incidents occurring at a nursing 85542
facility, that constitutes a severity level three finding, 85543
severity level four finding, scope level three finding, or scope 85544
level four finding. Whenever the finding is a repeat finding, 85545
"deficiency" also includes any finding that is a severity level 85546
two and scope level one finding, a severity level two and scope 85547
level two finding, or a severity level one and scope level two 85548
finding.85549

       (2) "Cluster of deficiencies" means deficiencies that result 85550
from noncompliance with two or more certification requirements and 85551
are causing or resulting from the same action, practice, 85552
situation, or incident.85553

       (E) "Emergency" means either of the following:85554

       (1) A deficiency or cluster of deficiencies that creates a 85555
condition of immediate jeopardy;85556

       (2) An unexpected situation or sudden occurrence of a serious 85557
or urgent nature that creates a substantial likelihood that one or 85558
more residents of a nursing facility may be seriously harmed if 85559
allowed to remain in the facility, including the following:85560

       (a) A flood or other natural disaster, civil disaster, or 85561
similar event;85562

       (b) A labor strike that suddenly causes the number of staff 85563
members in a nursing facility to be below that necessary for 85564
resident care.85565

       (F) "Finding" means a finding of noncompliance with 85566
certification requirements determined by the department of health 85567
under section 5111.41 of the Revised Code.85568

       (G) "Immediate jeopardy" means that one or more residents of 85569
a nursing facility are in imminent danger of serious physical or 85570
life-threatening harm.85571

       (H) "Medicaid eligible resident" means a person who is a 85572
resident of a nursing facility, or is applying for admission to a 85573
nursing facility, and is eligible to receive financial assistance 85574
under the medical assistance program for the care the person 85575
receives in such a facility.85576

       (I) "Noncompliance" means failure to substantially meet all 85577
applicable certification requirements.85578

       (J) "Nursing facility" has the same meaning as in section 85579
5111.20 of the Revised Code.85580

       (K) "Provider" means a person, institution, or entity that 85581
furnishes nursing facility services under a medical assistance 85582
program provider agreement.85583

       (L) "Provider agreement" means a contract between the 85584
department of job and family services and a provider for the 85585
provision of nursing facility services under the medicaid program.85586

       (M) "Repeat finding" or "repeat deficiency" means a finding 85587
or deficiency cited pursuant to a survey, to which both of the 85588
following apply:85589

       (1) The finding or deficiency involves noncompliance with the 85590
same certification requirement, and the same kind of actions, 85591
practices, situations, or incidents caused by or resulting from 85592
the noncompliance, as were cited in the immediately preceding 85593
standard survey or another survey conducted subsequent to the 85594
immediately preceding standard survey of the facility. For 85595
purposes of this division, actions, practices, situations, or 85596
incidents may be of the same kind even though they involve 85597
different residents, staff, or parts of the facility.85598

       (2) The finding or deficiency is cited subsequent to a 85599
determination by the department of health that the finding or 85600
deficiency cited on the immediately preceding standard survey, or 85601
another survey conducted subsequent to the immediately preceding 85602
standard survey, had been corrected.85603

       (M)(N)(1) "Scope level one finding" means a finding of 85604
noncompliance by a nursing facility in which the actions, 85605
situations, practices, or incidents causing or resulting from the 85606
noncompliance affect one or a very limited number of facility 85607
residents and involve one or a very limited number of facility 85608
staff members.85609

       (2) "Scope level two finding" means a finding of 85610
noncompliance by a nursing facility in which the actions, 85611
situations, practices, or incidents causing or resulting from the 85612
noncompliance affect more than a limited number of facility 85613
residents or involve more than a limited number of facility staff 85614
members, but the number or percentage of facility residents 85615
affected or staff members involved and the number or frequency of 85616
the actions, situations, practices, or incidents in short 85617
succession does not establish any reasonable degree of 85618
predictability of similar actions, situations, practices, or 85619
incidents occurring in the future.85620

       (3) "Scope level three finding" means a finding of 85621
noncompliance by a nursing facility in which the actions, 85622
situations, practices, or incidents causing or resulting from the 85623
noncompliance affect more than a limited number of facility 85624
residents or involve more than a limited number of facility staff 85625
members, and the number or percentage of facility residents 85626
affected or staff members involved or the number or frequency of 85627
the actions, situations, practices, or incidents in short 85628
succession establishes a reasonable degree of predictability of 85629
similar actions, situations, practices, or incidents occurring in 85630
the future.85631

       (4) "Scope level four finding" means a finding of 85632
noncompliance by a nursing facility causing or resulting from 85633
actions, situations, practices, or incidents that involve a 85634
sufficient number or percentage of facility residents or staff 85635
members or occur with sufficient regularity over time that the 85636
noncompliance can be considered systemic or pervasive in the 85637
facility.85638

       (N)(O)(1) "Severity level one finding" means a finding of 85639
noncompliance by a nursing facility that has not caused and, if 85640
continued, is unlikely to cause physical harm to a facility 85641
resident, mental or emotional harm to a resident, or a violation 85642
of a resident's rights that results in physical, mental, or 85643
emotional harm to the resident.85644

       (2) "Severity level two finding" means a finding of 85645
noncompliance by a nursing facility that, if continued over time, 85646
will cause, or is likely to cause, physical harm to a facility 85647
resident, mental or emotional harm to a resident, or a violation 85648
of a resident's rights that results in physical, mental, or 85649
emotional harm to the resident.85650

       (3) "Severity level three finding" means a finding of 85651
noncompliance by a nursing facility that has caused physical harm 85652
to a facility resident, mental or emotional harm to a resident, or 85653
a violation of a resident's rights that results in physical, 85654
mental, or emotional harm to the resident.85655

       (4) "Severity level four finding" means a finding of 85656
noncompliance by a nursing facility that has caused 85657
life-threatening harm to a facility resident or caused a 85658
resident's death.85659

       (O)(P) "State agency" has the same meaning as in section 1.60 85660
of the Revised Code.85661

       (P)(Q) "Substandard care" means care furnished in a facility 85662
in which the department of health has cited a deficiency or 85663
deficiencies that constitute one of the following:85664

       (1) A severity level four finding, regardless of scope;85665

       (2) A severity level three and scope level four finding, in 85666
the quality of care provided to residents;85667

       (3) A severity level three and scope level three finding, in 85668
the quality of care provided to residents.85669

       (Q)(R)(1) "Survey" means a survey of a nursing facility 85670
conducted under section 5111.39 of the Revised Code.85671

       (2) "Standard survey" means a survey conducted by the 85672
department of health under division (A) of section 5111.39 of the 85673
Revised Code and includes an extended survey.85674

       (3) "Follow-up survey" means a survey conducted by the 85675
department of health to determine whether a nursing facility has 85676
substantially corrected deficiencies cited in a previous survey.85677

       Sec. 5111.52.  (A) As used in this section:85678

       (1) "Provider agreement" means a contract between the 85679
department of job and family services and a nursing facility for 85680
the provision of nursing facility services under the medical 85681
assistance program.85682

       (2) "Terminating", "terminating" includes not renewing.85683

       (B) A nursing facility's participation in the medical 85684
assistance program shall be terminated under sections 5111.35 to 85685
5111.62 of the Revised Code as follows:85686

       (1) If the department of job and family services is 85687
terminating the facility's participation, it shall issue an order 85688
terminating the facility's provider agreement.85689

       (2) If the department of health, acting as a contracting 85690
agency, is terminating the facility's participation, it shall 85691
issue an order terminating certification of the facility's 85692
compliance with certification requirements. When the department of 85693
health terminates certification, the department of job and family 85694
services shall terminate the facility's provider agreement. The 85695
department of job and family services is not required to provide 85696
an adjudication hearing when it terminates a provider agreement 85697
following termination of certification by the department of 85698
health.85699

       (3) If a state agency other than the department of health, 85700
acting as a contracting agency, is terminating the facility's 85701
participation, it shall notify the department of job and family 85702
services, and the department of job and family services shall 85703
issue an order terminating the facility's provider agreement. The 85704
contracting agency shall conduct any administrative proceedings 85705
concerning the order.85706

       (C) If the following conditions are met, the department of 85707
job and family services may make medical assistance payments to a 85708
nursing facility for a period not exceeding thirty days after the 85709
effective date of termination under sections 5111.35 to 5111.62 of 85710
the Revised Code of the facility's participation in the medical 85711
assistance program:85712

       (1) The payments are for medicaid eligible residents admitted 85713
to the facility prior to the effective date of the termination;85714

       (2) The provider is making reasonable efforts to transfer 85715
medicaid eligible residents to other care settings.85716

       The period during which payments may be made under this 85717
division begins on the later of the effective date of the 85718
termination or, if the facility has appealed a termination order, 85719
the date of issuance of the adjudication order upholding 85720
termination.85721

       Sec. 5111.65.  As used in sections 5111.65 to 5111.689 of the 85722
Revised Code:85723

       (A) "Affiliated operator" means an operator affiliated with 85724
either of the following:85725

       (1) The exiting operator for whom the affiliated operator is 85726
to assume liability for the entire amount of the exiting 85727
operator's debt under the medicaid program or the portion of the 85728
debt that represents the franchise permit fee the exiting operator 85729
owes;85730

       (2) The entering operator involved in the change of operator 85731
with the exiting operator specified in division (A)(1) of this 85732
section.85733

       (B) "Change of operator" means an entering operator becoming 85734
the operator of a nursing facility or intermediate care facility 85735
for the mentally retarded in the place of the exiting operator.85736

       (1) Actions that constitute a change of operator include the 85737
following:85738

       (a) A change in an exiting operator's form of legal 85739
organization, including the formation of a partnership or 85740
corporation from a sole proprietorship;85741

       (b) A transfer of all the exiting operator's ownership 85742
interest in the operation of the facility to the entering 85743
operator, regardless of whether ownership of any or all of the 85744
real property or personal property associated with the facility is 85745
also transferred;85746

       (c) A lease of the facility to the entering operator or the 85747
exiting operator's termination of the exiting operator's lease;85748

       (d) If the exiting operator is a partnership, dissolution of 85749
the partnership;85750

       (e) If the exiting operator is a partnership, a change in 85751
composition of the partnership unless both of the following apply:85752

       (i) The change in composition does not cause the 85753
partnership's dissolution under state law.85754

       (ii) The partners agree that the change in composition does 85755
not constitute a change in operator.85756

       (f) If the operator is a corporation, dissolution of the 85757
corporation, a merger of the corporation into another corporation 85758
that is the survivor of the merger, or a consolidation of one or 85759
more other corporations to form a new corporation.85760

       (2) The following, alone, do not constitute a change of 85761
operator:85762

       (a) A contract for an entity to manage a nursing facility or 85763
intermediate care facility for the mentally retarded as the 85764
operator's agent, subject to the operator's approval of daily 85765
operating and management decisions;85766

       (b) A change of ownership, lease, or termination of a lease 85767
of real property or personal property associated with a nursing 85768
facility or intermediate care facility for the mentally retarded 85769
if an entering operator does not become the operator in place of 85770
an exiting operator;85771

       (c) If the operator is a corporation, a change of one or more 85772
members of the corporation's governing body or transfer of 85773
ownership of one or more shares of the corporation's stock, if the 85774
same corporation continues to be the operator.85775

       (C) "Effective date of a change of operator" means the day 85776
the entering operator becomes the operator of the nursing facility 85777
or intermediate care facility for the mentally retarded.85778

       (D) "Effective date of a facility closure" means the last day 85779
that the last of the residents of the nursing facility or 85780
intermediate care facility for the mentally retarded resides in 85781
the facility.85782

       (E) "Effective date of an involuntary termination" means the 85783
date the department of job and family services terminates an 85784
operator's provider agreement for a nursing facility or 85785
intermediate care facility for the mentally retarded or the last 85786
day that such a provider agreement is in effect when the 85787
department refuses to renew it.85788

       (F) "Effective date of a voluntary termination" means the day 85789
the intermediate care facility for the mentally retarded ceases to 85790
accept medicaid patients.85791

       (F)(G) "Effective date of a voluntary withdrawal of 85792
participation" means the day the nursing facility ceases to accept 85793
new medicaid patients other than the individuals who reside in the 85794
nursing facility on the day before the effective date of the 85795
voluntary withdrawal of participation.85796

       (G)(H) "Entering operator" means the person or government 85797
entity that will become the operator of a nursing facility or 85798
intermediate care facility for the mentally retarded when a change 85799
of operator occurs or following an involuntary termination.85800

       (H)(I) "Exiting operator" means any of the following:85801

       (1) An operator that will cease to be the operator of a 85802
nursing facility or intermediate care facility for the mentally 85803
retarded on the effective date of a change of operator;85804

       (2) An operator that will cease to be the operator of a 85805
nursing facility or intermediate care facility for the mentally 85806
retarded on the effective date of a facility closure;85807

       (3) An operator of an intermediate care facility for the 85808
mentally retarded that is undergoing or has undergone a voluntary 85809
termination;85810

       (4) An operator of a nursing facility that is undergoing or 85811
has undergone a voluntary withdrawal of participation;85812

       (5) An operator of a nursing facility or intermediate care 85813
facility for the mentally retarded that has undergone an 85814
involuntary termination.85815

       (I)(J)(1) "FacilitySubject to division (J)(2) of this 85816
section, "facility closure" means discontinuance of the use of the 85817
building, or part of the building, that houses the facility as a 85818
nursing facility or intermediate care facility for the mentally 85819
retarded that results in the relocation of all of the facility's 85820
residents. A facility closure occurs regardless of any of the 85821
following:85822

       (a) The operator completely or partially replacing the 85823
facility by constructing a new facility or transferring the 85824
facility's license to another facility;85825

       (b) The facility's residents relocating to another of the 85826
operator's facilities;85827

       (c) Any action the department of health takes regarding the 85828
facility's certification under Title XIX of the "Social Security 85829
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended, that may 85830
result in the transfer of part of the facility's survey findings 85831
to another of the operator's facilities;85832

       (d) Any action the department of health takes regarding the 85833
facility's license under Chapter 3721. of the Revised Code;85834

       (e) Any action the department of developmental disabilities 85835
takes regarding the facility's license under section 5123.19 of 85836
the Revised Code.85837

       (2) A facility closure does not occur if alleither of the 85838
following applies:85839

       (a) All of the facility's residents are relocated due to an 85840
emergency evacuation and one or more of the residents return to a 85841
medicaid-certified bed in the facility not later than thirty days 85842
after the evacuation occurs;85843

       (b) The building, or part of the building, that houses the 85844
facility converts to a different use, any necessary license or 85845
other approval needed for that use is obtained, and one or more of 85846
the facility's residents remain in the facility to receive 85847
services under the new use.85848

       (J)(K) "Fiscal year," "franchise permit fee," "intermediate 85849
care facility for the mentally retarded," "nursing facility," 85850
"operator," "owner," and "provider agreement" have the same 85851
meanings as in section 5111.20 of the Revised Code.85852

       (K)(L) "Involuntary termination" means the department of job 85853
and family services' termination of, or refusal to renew, an 85854
operator's provider agreement for a nursing facility or 85855
intermediate care facility for the mentally retarded when such 85856
action is not taken at the operator's request.85857

       (M) "Voluntary termination" means an operator's voluntary 85858
election to terminate the participation of an intermediate care 85859
facility for the mentally retarded in the medicaid program but to 85860
continue to provide service of the type provided by a residential 85861
facility as defined in section 5123.19 of the Revised Code.85862

       (L)(N) "Voluntary withdrawal of participation" means an 85863
operator's voluntary election to terminate the participation of a 85864
nursing facility in the medicaid program but to continue to 85865
provide service of the type provided by a nursing facility.85866

       Sec. 5111.66. An exiting operator or owner of a nursing 85867
facility or intermediate care facility for the mentally retarded 85868
participating in the medicaid program shall provide the department 85869
of job and family services written notice of a facility closure, 85870
voluntary termination, or voluntary withdrawal of participation 85871
not less than ninety days before the effective date of the 85872
facility closure, voluntary termination, or voluntary withdrawal 85873
of participation. The written notice shall be provided to the 85874
department in accordance with the method specified in rules 85875
adopted under section 5111.689 of the Revised Code.85876

       The written notice shall include all of the following:85877

        (A) The name of the exiting operator and, if any, the exiting 85878
operator's authorized agent;85879

        (B) The name of the nursing facility or intermediate care 85880
facility for the mentally retarded that is the subject of the 85881
written notice;85882

        (C) The exiting operator's medicaid provider agreement number 85883
for the facility that is the subject of the written notice;85884

        (D) The effective date of the facility closure, voluntary 85885
termination, or voluntary withdrawal of participation;85886

        (E) The signature of the exiting operator's or owner's 85887
representative.85888

       Sec. 5111.67. (A) An exiting operator or owner and entering 85889
operator shall provide the department of job and family services 85890
written notice of a change of operator if the nursing facility or 85891
intermediate care facility for the mentally retarded participates 85892
in the medicaid program and the entering operator seeks to 85893
continue the facility's participation. The written notice shall be 85894
provided to the department in accordance with the method specified 85895
in rules adopted under section 5111.689 of the Revised Code. The85896
written notice shall be provided to the department not later than 85897
forty-five days before the effective date of the change of 85898
operator if the change of operator does not entail the relocation 85899
of residents. The written notice shall be provided to the 85900
department not later than ninety days before the effective date of 85901
the change of operator if the change of operator entails the 85902
relocation of residents. The85903

       The written notice shall include all of the following:85904

        (1) The name of the exiting operator and, if any, the exiting 85905
operator's authorized agent;85906

        (2) The name of the nursing facility or intermediate care 85907
facility for the mentally retarded that is the subject of the 85908
change of operator;85909

        (3) The exiting operator's medicaid provider agreement85910
seven-digit medicaid legacy number and ten-digit national provider 85911
identifier number for the facility that is the subject of the 85912
change of operator;85913

        (4) The name of the entering operator;85914

        (5) The effective date of the change of operator;85915

        (6) The manner in which the entering operator becomes the 85916
facility's operator, including through sale, lease, merger, or 85917
other action;85918

        (7) If the manner in which the entering operator becomes the 85919
facility's operator involves more than one step, a description of 85920
each step;85921

        (8) Written authorization from the exiting operator or owner 85922
and entering operator for the department to process a provider 85923
agreement for the entering operator;85924

        (9) The names and addresses of the persons to whom the 85925
department should send initial correspondence regarding the change 85926
of operator;85927

       (10) If the nursing facility also participates in the 85928
medicare program, notification of whether the entering operator 85929
intends to accept assignment of the exiting operator's medicare 85930
provider agreement;85931

       (11) The signature of the exiting operator's or owner's 85932
representative.85933

        (B) The entering operator shall include a completed 85934
application for a provider agreement with the written notice to 85935
the department. The entering operator shall attach to the 85936
application the following:85937

       (1) If the written notice is provided to the department 85938
before the date the exiting operator or owner and entering 85939
operator complete the transaction for the change of operator, all 85940
the proposed leases, management agreements, merger agreements and 85941
supporting documents, and sales contracts and supporting documents 85942
relating to the facility's change of operator;85943

       (2) If the written notice is provided to the department on or 85944
after the date the exiting operator or owner and entering operator 85945
complete the transaction for the change of operator, copies of all 85946
the executed leases, management agreements, merger agreements and 85947
supporting documents, and sales contracts and supporting documents 85948
relating to the facility's change of operator.An exiting operator 85949
or owner and entering operator immediately shall provide the 85950
department written notice of any changes to information included 85951
in a written notice of a change of operator that occur after that 85952
notice is provided to the department. The notice of the changes 85953
shall be provided to the department in accordance with the method 85954
specified in rules adopted under section 5111.689 of the Revised 85955
Code.85956

       Sec. 5111.671. The department of job and family services may 85957
enter into a provider agreement with an entering operator that 85958
goes into effect at 12:01 a.m. on the effective date of the change 85959
of operator if all of the following requirements are met:85960

       (A) The department receives a properly completed written 85961
notice required by section 5111.67 of the Revised Code on or 85962
before the date required by that section.85963

        (B) The entering operator furnishes to the department copies 85964
of all the fully executed leases, management agreements, merger 85965
agreements and supporting documents, and sales contracts and 85966
supporting documents relating to the change of operator not later 85967
than ten days after the effective date of the change of operator85968
receives both of the following in accordance with the method 85969
specified in rules adopted under section 5111.689 of the Revised 85970
Code and not later than ten days after the effective date of the 85971
change of operator:85972

        (1) From the entering operator, a completed application for a 85973
provider agreement and all other forms and documents specified in 85974
rules adopted under section 5111.689 of the Revised Code;85975

       (2) From the exiting operator or owner, all forms and 85976
documents specified in rules adopted under section 5111.689 of the 85977
Revised Code.85978

        (C) The entering operator is eligible for medicaid payments 85979
as provided in section 5111.21 of the Revised Code.85980

       Sec. 5111.672. (A) The department of job and family services 85981
may enter into a provider agreement with an entering operator that 85982
goes into effect at 12:01 a.m. on the date determined under 85983
division (B) of this section if all of the following are the case:85984

        (1) The department receives a properly completed written 85985
notice required by section 5111.67 of the Revised Code after the 85986
time required by that section.85987

        (2) The entering operator furnishes to the department copies 85988
of all the fully executed leases, management agreements, merger 85989
agreements and supporting documents, and sales contracts and 85990
supporting documents relating to the change of operatorreceives 85991
both of the following in accordance with the method specified in 85992
rules adopted under section 5111.689 of the Revised Code and more 85993
than ten days after the effective date of the change of operator:85994

       (a) From the entering operator, a completed application for a 85995
provider agreement and all other forms and documents specified in 85996
rules adopted under section 5111.689 of the Revised Code;85997

       (b) From the exiting operator or owner, all forms and 85998
documents specified in rules adopted under section 5111.689 of the 85999
Revised Code.86000

        (3) The requirement of division (A)(1) of this section is met 86001
after the time required by section 5111.67 of the Revised Code, 86002
the requirement of division (A)(2) of this section is met more 86003
than ten days after the effective date of the change of operator, 86004
or both.86005

       (4) The entering operator is eligible for medicaid payments 86006
as provided in section 5111.21 of the Revised Code.86007

        (B) The department shall determine the date a provider 86008
agreement entered into under this section is to go into effect as 86009
follows:86010

        (1) The effective date shall give the department sufficient 86011
time to process the change of operator, assure no duplicate 86012
payments are made, and make the withholding required by section 86013
5111.681 of the Revised Code, and withhold the final payment to 86014
the exiting operator until one hundred eighty days after either of 86015
the following:86016

       (a) The date that the exiting operator submits to the 86017
department a properly completed cost report under section 5111.682 86018
of the Revised Code;86019

       (b) The date that the department waives the cost report 86020
requirement of section 5111.682 of the Revised Code.86021

        (2) The effective date shall be not earlier than the later of 86022
the effective date of the change of operator or the date that the 86023
exiting operator or owner and entering operator comply with 86024
section 5111.67 of the Revised Code and division (A)(2) of this 86025
section.86026

        (3) The effective date shall be not later than the following 86027
after the later of the dates specified in division (B)(2) of this 86028
section:86029

        (a) Forty-five days if the change of operator does not entail 86030
the relocation of residents;86031

        (b) Ninety days if the change of operator entails the 86032
relocation of residents.86033

       Sec. 5111.68. (A) On receipt of a written notice under 86034
section 5111.66 of the Revised Code of a facility closure, 86035
voluntary termination, or voluntary withdrawal of participation 86036
or, on receipt of a written notice under section 5111.67 of the 86037
Revised Code of a change of operator, or on the effective date of 86038
an involuntary termination, the department of job and family 86039
services shall estimate the amount of any overpayments made under 86040
the medicaid program to the exiting operator, including 86041
overpayments the exiting operator disputes, and other actual and 86042
potential debts the exiting operator owes or may owe to the 86043
department and United States centers for medicare and medicaid 86044
services under the medicaid program, including a franchise permit 86045
fee. 86046

       (B) In estimating the exiting operator's other actual and 86047
potential debts to the department and the United States centers 86048
for medicare and medicaid services under the medicaid program, the 86049
department shall use a debt estimation methodology the director of 86050
job and family services shall establish in rules adopted under 86051
section 5111.689 of the Revised Code. The methodology shall 86052
provide for estimating all of the following that the department 86053
determines are applicable:86054

        (1) Refunds due the department under section 5111.27 of the 86055
Revised Code;86056

        (2) Interest owed to the department and United States centers 86057
for medicare and medicaid services;86058

        (3) Final civil monetary and other penalties for which all 86059
right of appeal has been exhausted;86060

        (4) Money owed the department and United States centers for 86061
medicare and medicaid services from any outstanding final fiscal 86062
audit, including a final fiscal audit for the last fiscal year or 86063
portion thereof in which the exiting operator participated in the 86064
medicaid program;86065

       (5) Other amounts the department determines are applicable.86066

       (C) The department shall provide the exiting operator written 86067
notice of the department's estimate under division (A) of this 86068
section not later than thirty days after the department receives 86069
the notice under section 5111.66 of the Revised Code of the 86070
facility closure, voluntary termination, or voluntary withdrawal 86071
of participation or; the department receives the notice under 86072
section 5111.67 of the Revised Code of the change of operator; or 86073
the effective date of the involuntary termination. The 86074
department's written notice shall include the basis for the 86075
estimate.86076

       Sec. 5111.681. (A) Except as provided in divisions (B) and,86077
(C), and (D) of this section, the department of job and family 86078
services may withhold from payment due an exiting operator under 86079
the medicaid program the total amount specified in the notice 86080
provided under division (C) of section 5111.68 of the Revised Code 86081
that the exiting operator owes or may owe to the department and 86082
United States centers for medicare and medicaid services under the 86083
medicaid program.86084

       (B) In the case of a change of operator and subject to 86085
division (D)(E) of this section, the following shall apply 86086
regarding a withholding under division (A) of this section if the 86087
exiting operator or entering operator or an affiliated operator 86088
executes a successor liability agreement meeting the requirements 86089
of division (E)(F) of this section:86090

        (1) If the exiting operator, entering operator, or affiliated 86091
operator assumes liability for the total, actual amount of debt 86092
the exiting operator owes the department and the United States 86093
centers for medicare and medicaid services under the medicaid 86094
program as determined under section 5111.685 of the Revised Code, 86095
the department shall not make the withholding.86096

       (2) If the exiting operator, entering operator, or affiliated 86097
operator assumes liability for only the portion of the amount 86098
specified in division (B)(1) of this section that represents the 86099
franchise permit fee the exiting operator owes, the department 86100
shall withhold not more than the difference between the total 86101
amount specified in the notice provided under division (C) of 86102
section 5111.68 of the Revised Code and the amount for which the 86103
exiting operator, entering operator, or affiliated operator 86104
assumes liability.86105

        (C) In the case of a voluntary termination, voluntary 86106
withdrawal of participation, or facility closure and subject to 86107
division (D)(E) of this section, the following shall apply 86108
regarding a withholding under division (A) of this section if the 86109
exiting operator or an affiliated operator executes a successor 86110
liability agreement meeting the requirements of division (E)(F) of 86111
this section:86112

        (1) If the exiting operator or affiliated operator assumes 86113
liability for the total, actual amount of debt the exiting 86114
operator owes the department and the United States centers for 86115
medicare and medicaid services under the medicaid program as 86116
determined under section 5111.685 of the Revised Code, the 86117
department shall not make the withholding.86118

        (2) If the exiting operator or affiliated operator assumes 86119
liability for only the portion of the amount specified in division 86120
(C)(1) of this section that represents the franchise permit fee 86121
the exiting operator owes, the department shall withhold not more 86122
than the difference between the total amount specified in the 86123
notice provided under division (C) of section 5111.68 of the 86124
Revised Code and the amount for which the exiting operator or 86125
affiliated operator assumes liability.86126

        (D) In the case of an involuntary termination and subject to 86127
division (E) of this section, the following shall apply regarding 86128
a withholding under division (A) of this section if the exiting 86129
operator, the entering operator, or an affiliated operator 86130
executes a successor liability agreement meeting the requirements 86131
of division (F) of this section and the department approves the 86132
successor liability agreement:86133

       (1) If the exiting operator, entering operator, or affiliated 86134
operator assumes liability for the total, actual amount of debt 86135
the exiting operator owes the department and the United States 86136
centers for medicare and medicaid services under the medicaid 86137
program as determined under section 5111.685 of the Revised Code, 86138
the department shall not make the withholding.86139

       (2) If the exiting operator, entering operator, or affiliated 86140
operator assumes liability for only the portion of the amount 86141
specified in division (D)(1) of this section that represents the 86142
franchise permit fee the exiting operator owes, the department 86143
shall withhold not more than the difference between the total 86144
amount specified in the notice provided under division (C) of 86145
section 5111.68 of the Revised Code and the amount for which the 86146
exiting operator, entering operator, or affiliated operator 86147
assumes liability.86148

       (E) For an exiting operator or affiliated operator to be 86149
eligible to enter into a successor liability agreement under 86150
division (B) or, (C), or (D) of this section, both of the 86151
following must apply:86152

        (1) The exiting operator or affiliated operator must have one 86153
or more valid provider agreements, other than the provider 86154
agreement for the nursing facility or intermediate care facility 86155
for the mentally retarded that is the subject of the involuntary 86156
termination, voluntary termination, voluntary withdrawal of 86157
participation, facility closure, or change of operator;86158

        (2) During the twelve-month period preceding either the 86159
effective date of the involuntary termination or the month in 86160
which the department receives the notice of the voluntary 86161
termination, voluntary withdrawal of participation, or facility 86162
closure under section 5111.66 of the Revised Code or the notice of 86163
the change of operator under section 5111.67 of the Revised Code, 86164
the average monthly medicaid payment made to the exiting operator 86165
or affiliated operator pursuant to the exiting operator's or 86166
affiliated operator's one or more provider agreements, other than 86167
the provider agreement for the nursing facility or intermediate 86168
care facility for the mentally retarded that is the subject of the 86169
involuntary termination, voluntary termination, voluntary 86170
withdrawal of participation, facility closure, or change of 86171
operator, must equal at least ninety per cent of the sum of the 86172
following:86173

        (a) The average monthly medicaid payment made to the exiting 86174
operator pursuant to the exiting operator's provider agreement for 86175
the nursing facility or intermediate care facility for the 86176
mentally retarded that is the subject of the involuntary 86177
termination, voluntary termination, voluntary withdrawal of 86178
participation, facility closure, or change of operator;86179

        (b) Whichever of the following apply:86180

       (i) If the exiting operator or affiliated operator has 86181
assumed liability under one or more other successor liability 86182
agreements, the total amount for which the exiting operator or 86183
affiliated operator has assumed liability under the other 86184
successor liability agreements;86185

       (ii) If the exiting operator or affiliated operator has not 86186
assumed liability under any other successor liability agreements, 86187
zero.86188

       (E)(F) A successor liability agreement executed under this 86189
section must comply with all of the following:86190

        (1) It must provide for the operator who executes the 86191
successor liability agreement to assume liability for either of 86192
the following as specified in the agreement:86193

        (a) The total, actual amount of debt the exiting operator 86194
owes the department and the United States centers for medicare and 86195
medicaid services under the medicaid program as determined under 86196
section 5111.685 of the Revised Code;86197

        (b) The portion of the amount specified in division 86198
(E)(F)(1)(a) of this section that represents the franchise permit 86199
fee the exiting operator owes.86200

        (2) It may not require the operator who executes the 86201
successor liability agreement to furnish a surety bond.86202

        (3) It must provide that the department, after determining 86203
under section 5111.685 of the Revised Code the actual amount of 86204
debt the exiting operator owes the department and United States 86205
centers for medicare and medicaid services under the medicaid 86206
program, may deduct the lesser of the following from medicaid 86207
payments made to the operator who executes the successor liability 86208
agreement:86209

        (a) The total, actual amount of debt the exiting operator 86210
owes the department and the United States centers for medicare and 86211
medicaid services under the medicaid program as determined under 86212
section 5111.685 of the Revised Code;86213

        (b) The amount for which the operator who executes the 86214
successor liability agreement assumes liability under the 86215
agreement.86216

        (4) It must provide that the deductions authorized by 86217
division (E)(F)(3) of this section are to be made for a number of 86218
months, not to exceed six, agreed to by the operator who executes 86219
the successor liability agreement and the department or, if the 86220
operator who executes the successor liability agreement and 86221
department cannot agree on a number of months that is less than 86222
six, a greater number of months determined by the attorney general 86223
pursuant to a claims collection process authorized by statute of 86224
this state.86225

        (5) It must provide that, if the attorney general determines 86226
the number of months for which the deductions authorized by 86227
division (E)(F)(3) of this section are to be made, the operator 86228
who executes the successor liability agreement shall pay, in 86229
addition to the amount collected pursuant to the attorney 86230
general's claims collection process, the part of the amount so 86231
collected that, if not for division (G)(H) of this section, would 86232
be required by section 109.081 of the Revised Code to be paid into 86233
the attorney general claims fund.86234

       (F)(G) Execution of a successor liability agreement does not 86235
waive an exiting operator's right to contest the amount specified 86236
in the notice the department provides the exiting operator under 86237
division (C) of section 5111.68 of the Revised Code. 86238

       (G)(H) Notwithstanding section 109.081 of the Revised Code, 86239
the entire amount that the attorney general, whether by employees 86240
or agents of the attorney general or by special counsel appointed 86241
pursuant to section 109.08 of the Revised Code, collects under a 86242
successor liability agreement, other than the additional amount 86243
the operator who executes the agreement is required by division 86244
(E)(F)(5) of this section to pay, shall be paid to the department 86245
of job and family services for deposit into the appropriate fund. 86246
The additional amount that the operator is required to pay shall 86247
be paid into the state treasury to the credit of the attorney 86248
general claims fund created under section 109.081 of the Revised 86249
Code.86250

       Sec. 5111.687. The department of job and family services, at 86251
its sole discretion, may release the amount withheld under 86252
division (A) of section 5111.681 of the Revised Code if the 86253
exiting operator submits to the department written notice of a 86254
postponement of a change of operator, facility closure, voluntary 86255
termination, or voluntary withdrawal of participation and the 86256
transactions leading to the change of operator, facility closure, 86257
voluntary termination, or voluntary withdrawal of participation 86258
are postponed for at least thirty days but less than ninety days 86259
after the date originally proposed for the change of operator, 86260
facility closure, voluntary termination, or voluntary withdrawal 86261
of participation as reported in the written notice required by 86262
section 5111.66 or 5111.67 of the Revised Code. The department 86263
shall release the amount withheld if the exiting operator submits 86264
to the department written notice of a cancellation or postponement 86265
of a change of operator, facility closure, voluntary termination, 86266
or voluntary withdrawal of participation and the transactions 86267
leading to the change of operator, facility closure, voluntary 86268
termination, or voluntary withdrawal of participation are canceled 86269
or postponed for more than ninety days after the date originally 86270
proposed for the change of operator, facility closure, voluntary 86271
termination, or voluntary withdrawal of participation as reported 86272
in the written notice required by section 5111.66 or 5111.67 of 86273
the Revised Code. A written notice shall be provided to the 86274
department in accordance with the method specified in rules 86275
adopted under section 5111.689 of the Revised Code.86276

        After the department receives a written notice regarding a 86277
cancellation or postponement of a facility closure, voluntary 86278
termination, or voluntary withdrawal of participation, the exiting 86279
operator or owner shall provide new written notice to the 86280
department under section 5111.66 of the Revised Code regarding any 86281
transactions leading to a facility closure, voluntary termination, 86282
or voluntary withdrawal of participation at a future time. After 86283
the department receives a written notice regarding a cancellation 86284
or postponement of a change of operator, the exiting operator or 86285
owner and entering operator shall provide new written notice to 86286
the department under section 5111.67 of the Revised Code regarding 86287
any transactions leading to a change of operator at a future time.86288

       Sec.  5111.689.  The director of job and family services shall 86289
adopt rules under section 5111.02 of the Revised Code to implement 86290
sections 5111.65 to 5111.689 of the Revised Code, including rules 86291
applicable to an exiting operator that provides written 86292
notification under section 5111.66 of the Revised Code of a 86293
voluntary withdrawal of participation. Rules adopted under this 86294
section shall comply with section 1919(c)(2)(F) of the "Social 86295
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396r(c)(2)(F), 86296
regarding restrictions on transfers or discharges of nursing 86297
facility residents in the case of a voluntary withdrawal of 86298
participation. The rules may prescribe a medicaid reimbursement 86299
methodology and other procedures that are applicable after the 86300
effective date of a voluntary withdrawal of participation that 86301
differ from the reimbursement methodology and other procedures 86302
that would otherwise apply. The rules shall specify all of the 86303
following: 86304

       (A) The method by which written notices to the department 86305
required by sections 5111.65 to 5111.689 of the Revised Code are 86306
to be provided;86307

       (B) The forms and documents that are to be provided to the 86308
department under sections 5111.671 and 5111.672 of the Revised 86309
Code, which shall include, in the case of such forms and documents 86310
provided by entering operators, all the fully executed leases, 86311
management agreements, merger agreements and supporting documents, 86312
and fully executed sales contracts and any other supporting 86313
documents culminating in the change of operator;86314

       (C) The method by which the forms and documents identified in 86315
division (B) of this section are to be provided to the department.86316

       Sec. 5111.709. (A) There is hereby created the medicaid 86317
buy-in advisory council. The council shall consist of all of the 86318
following:86319

       (1) The following voting members:86320

       (a) The executive director of assistive technology of Ohio or 86321
the executive director's designee;86322

       (b) The director of the axis center for public awareness of 86323
people with disabilities or the director's designee;86324

       (c) The executive director of the cerebral palsy association 86325
of Ohio or the executive director's designee;86326

       (d) The chief executive officer of Ohio advocates for mental 86327
health or the chief executive officer's designee;86328

       (e) The state director of the Ohio chapter of AARP or the 86329
state director's designee;86330

       (f) The director of the Ohio developmental disabilities 86331
council created under section 5123.35 of the Revised Code or the 86332
director's designee;86333

       (g) The executive director of the governor's council on 86334
people with disabilities created under section 3303.41 of the 86335
Revised Code or the executive director's designee;86336

       (h) The administrator of the legal rights service created 86337
under section 5123.60 of the Revised Code or the administrator's 86338
designee;86339

       (i) The chairperson of the Ohio Olmstead task force or the 86340
chairperson's designee;86341

       (j)(i) The executive director of the Ohio statewide 86342
independent living council or the executive director's designee;86343

       (k)(j) The president of the Ohio chapter of the national 86344
multiple sclerosis society or the president's designee;86345

       (l)(k) The executive director of the arc of Ohio or the 86346
executive director's designee;86347

       (m)(l) The executive director of the commission on minority 86348
health or the executive director's designee;86349

       (n)(m) The executive director of the brain injury association 86350
of Ohio or the executive director's designee;86351

       (o)(n) The executive officer of any other advocacy 86352
organization who volunteers to serve on the council, or such an 86353
executive officer's designee, if the other voting members, at a 86354
meeting called by the chairperson elected under division (C) of 86355
this section, determine it is appropriate for the advocacy 86356
organization to be represented on the council;86357

        (p)(o) One or more participants who volunteer to serve on the 86358
council and are selected by the other voting members at a meeting 86359
the chairperson calls after the medicaid buy-in for workers with 86360
disabilities program is implemented.86361

       (2) The following non-voting members:86362

       (a) The director of job and family services or the director's 86363
designee;86364

       (b) The administrator of the rehabilitation services 86365
commission or the administrator's designee;86366

       (c) The director of alcohol and drug addiction services or 86367
the director's designee;86368

       (d) The director of developmental disabilities or the 86369
director's designee;86370

       (e) The director of mental health or the director's designee;86371

       (f) The executive officer of any other government entity, or 86372
the executive officer's designee, if the voting members, at a 86373
meeting called by the chairperson, determine it is appropriate for 86374
the government entity to be represented on the council.86375

       (B) All members of the medicaid buy-in advisory council shall 86376
serve without compensation or reimbursement, except as serving on 86377
the council is considered part of their usual job duties.86378

       (C) The voting members of the medicaid buy-in advisory 86379
council shall elect one of the members of the council to serve as 86380
the council's chairperson for a two-year term. The chairperson may 86381
be re-elected to successive terms.86382

       (D) The department of job and family services shall provide 86383
the Ohio medicaid buy-in advisory council with accommodations for 86384
the council to hold its meetings and shall provide the council 86385
with other administrative assistance the council needs to perform 86386
its duties.86387

       Sec. 5111.83.  (A) Not later than January 1, 2012, the 86388
director of job and family services shall apply to the United 86389
States secretary of health and human services for approval to 86390
claim federal financial participation for administrative costs 86391
incurred by the department of health and the Arthur G. James and 86392
Richard J. Solove research institute of the Ohio state university 86393
in analyzing and evaluating both of the following pursuant to 86394
sections 3701.261 to 3701.236 of the Revised Code:86395

       (1) Cancer reports under the Ohio cancer incidence 86396
surveillance system;86397

       (2) The incidence, prevalence, costs, and medical 86398
consequences of cancer on medicaid recipients and other low-income 86399
populations. 86400

       (B) The director of job and family services shall consult 86401
with the director of health in seeking approval to claim federal 86402
financial participation, as described in division (A) of this 86403
section. The directors shall cooperate in seeking the approval to 86404
the extent they find the approval necessary for the effective and 86405
efficient administration of the medicaid program.86406

       Sec. 5111.85.  (A) As used in this section and sections 86407
5111.851 to 5111.856 of the Revised Code:86408

       "Home and community-based services medicaid waiver component" 86409
means a medicaid waiver component under which home and 86410
community-based services are provided as an alternative to 86411
hospital, nursing facility, or intermediate care facility for the 86412
mentally retarded services.86413

       "Hospital" has the same meaning as in section 3727.01 of the 86414
Revised Code.86415

       "Intermediate care facility for the mentally retarded" has 86416
the same meaning as in section 5111.20 of the Revised Code.86417

       "Medicaid waiver component" means a component of the medicaid 86418
program authorized by a waiver granted by the United States 86419
department of health and human services under section 1115 or 1915 86420
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 86421
1315 or 1396n. "Medicaid waiver component" does not include a care 86422
management system established under section 5111.16 of the Revised 86423
Code.86424

       "Nursing facility" has the same meaning as in section 5111.20 86425
of the Revised Code.86426

       (B) The director of job and family services may adopt rules 86427
under Chapter 119. of the Revised Code governing medicaid waiver 86428
components that establish all of the following:86429

       (1) Eligibility requirements for the medicaid waiver 86430
components;86431

       (2) The type, amount, duration, and scope of services the 86432
medicaid waiver components provide;86433

       (3) The conditions under which the medicaid waiver components 86434
cover services;86435

       (4) The amount the medicaid waiver components pay for 86436
services or the method by which the amount is determined;86437

       (5) The manner in which the medicaid waiver components pay 86438
for services;86439

       (6) Safeguards for the health and welfare of medicaid 86440
recipients receiving services under a medicaid waiver component;86441

       (7) Procedures for both of the following:86442

       (a) Identifying individuals who meet all of the following 86443
requirements:86444

       (i) Areprioritizing and approving for enrollment individuals 86445
who are eligible for a home and community-based services medicaid 86446
waiver component and on a waiting list for the component;86447

       (ii) Are receiving inpatient hospital services or residing in 86448
an intermediate care facility for the mentally retarded or nursing 86449
facility (as appropriate for the component);86450

       (iii) Choosechoose to be enrolled in the component.86451

       (b) Approving the enrollment of individuals identified under 86452
the procedures established under division (B)(7)(a) of this 86453
section into the home and community-based services medicaid waiver 86454
component.;86455

       (8) Procedures for enforcing the rules, including 86456
establishing corrective action plans for, and imposing financial 86457
and administrative sanctions on, persons and government entities 86458
that violate the rules. Sanctions shall include terminating 86459
medicaid provider agreements. The procedures shall include due 86460
process protections.86461

       (9) Other policies necessary for the efficient administration 86462
of the medicaid waiver components.86463

       (C) The director of job and family services may adopt 86464
different rules for the different medicaid waiver components. The 86465
rules shall be consistent with the terms of the waiver authorizing 86466
the medicaid waiver component.86467

       (D) Any procedures established under division (B)(7) of this 86468
section for the medicaid-funded component of the PASSPORT program 86469
shall be consistent with section 173.401 of the Revised Code. Any 86470
procedures established under division (B)(7) of this section for 86471
the medicaid-funded component of the assisted living program shall 86472
be consistent with section 5111.894 of the Revised Code.86473

       Sec. 5111.861.  (A) As used in this section:86474

       "Medicaid waiver component" has the same meaning as in 86475
section 5111.85 of the Revised Code.86476

       "Unified long-term services and support medicaid waiver 86477
component" means the medicaid waiver component authorized by 86478
section 5111.863 of the Revised Code.86479

       (B) Subject to division (C) of this section, there is hereby 86480
created the Ohio home care program. The program shall provide home 86481
and community-based services. The department of job and family 86482
services shall administer the program.86483

       (C) If the unified long-term services and support medicaid 86484
waiver component is created, the departments of aging and job and 86485
family services shall work together to determine whether the Ohio 86486
home care program should continue to operate as a separate 86487
medicaid waiver component or be terminated. If the departments 86488
determine that the Ohio home care program should be terminated, 86489
the program shall cease to exist on a date the departments shall 86490
specify.86491

       Sec. 5111.862.  (A) As used in this section:86492

       "Medicaid waiver component" has the same meaning as in 86493
section 5111.85 of the Revised Code.86494

       "Unified long-term services and support medicaid waiver 86495
component" means the medicaid waiver component authorized by 86496
section 5111.863 of the Revised Code.86497

       (B) Subject to division (C) of this section, there is hereby 86498
created the Ohio transitions II aging carve-out program. The 86499
program shall provide home and community-based services. The 86500
department of job and family services shall administer the 86501
program.86502

       (C) If the unified long-term services and support medicaid 86503
waiver component is created, the departments of aging and job and 86504
family services shall work together to determine whether the Ohio 86505
transitions II aging carve-out program should continue to operate 86506
as a separate medicaid waiver component or be terminated. If the 86507
departments determine that the Ohio transitions II aging carve-out 86508
program should be terminated, the program shall cease to exist on 86509
a date the departments shall specify.86510

       Sec. 5111.863.  (A) As used in this section:86511

       "Medicaid waiver component" has the same meaning as in 86512
section 5111.85 of the Revised Code.86513

       "Nursing facility" has the same meaning as in section 5111.20 86514
of the Revised Code.86515

       (B) The director of job and family services shall submit a 86516
request to the United States secretary of health and human 86517
services pursuant to section 1915n of the "Social Security Act," 86518
95 Stat. 809 (1981), 42 U.S.C. 1396n, as amended, to obtain 86519
approval to create a unified long-term services and support 86520
medicaid waiver component to provide home and community-based 86521
services to eligible individuals of any age who require the level 86522
of care provided by nursing facilities. The director of job and 86523
family services shall work with the director of aging in seeking 86524
approval of the unified long-term services and support medicaid 86525
waiver component and, if the approval is obtained, in creating and 86526
implementing the component.86527

       If the request to create the unified long-term services and 86528
support medicaid waiver component is approved, the director of job 86529
and family services, working with the director of aging, shall 86530
adopt rules under section 5111.85 of the Revised Code to implement 86531
the component. The rules may authorize the director of aging to 86532
adopt rules in accordance with Chapter 119. of the Revised Code 86533
governing aspects of the unified long-term services and support 86534
medicaid waiver component.86535

       Sec. 5111.871.  The department of job and family services 86536
shall enter into a contract with the department of developmental 86537
disabilities under section 5111.91 of the Revised Code with regard 86538
to one or more of the medicaid waiver components of the medicaid 86539
program established by the department of job and family services 86540
under one or more of the medicaid waivers sought under section 86541
5111.87 of the Revised Code. Subject, if needed, to the approval 86542
of the United States secretary of health and human services, the 86543
contract shall include the medicaid waiver component known as the 86544
transitions developmental disabilities waiver. The contract shall 86545
provide for the department of developmental disabilities to 86546
administer the components in accordance with the terms of the 86547
waivers. The contract shall include a schedule for the department 86548
of developmental disabilities to begin administering the 86549
transitions developmental disabilities waiver. The directors of 86550
job and family services and developmental disabilities shall adopt 86551
rules in accordance with Chapter 119. of the Revised Code 86552
governing the components.86553

       If the department of developmental disabilities or the 86554
department of job and family services denies an individual's 86555
application for home and community-based services provided under 86556
any of these medicaid components, the department that denied the 86557
services shall give timely notice to the individual that the 86558
individual may request a hearing under section 5101.35 of the 86559
Revised Code.86560

       The departments of developmental disabilities and job and 86561
family services may approve, reduce, deny, or terminate a service 86562
included in the individualized service plan developed for a 86563
medicaid recipient eligible for home and community-based services 86564
provided under any of these medicaid components. The departments 86565
shall consider the recommendations a county board of developmental 86566
disabilities makes under division (A)(1)(c) of section 5126.055 of 86567
the Revised Code. If either department approves, reduces, denies, 86568
or terminates a service, that department shall give timely notice 86569
to the medicaid recipient that the recipient may request a hearing 86570
under section 5101.35 of the Revised Code.86571

       If supported living, as defined in section 5126.01 of the 86572
Revised Code, is to be provided as a service under any of these 86573
components, any person or government entity with a current, valid 86574
medicaid provider agreement and a current, valid certificate under 86575
section 5123.161 of the Revised Code may provide the service.86576

       If a service is to be provided under any of these components 86577
by a residential facility, as defined in section 5123.19 of the 86578
Revised Code, any person or government entity with a current, 86579
valid medicaid provider agreement and a current, valid license 86580
under section 5123.19 of the Revised Code may provide the service.86581

       Sec. 5111.872. When(A) Subject to division (B) of this 86582
section, when the department of developmental disabilities 86583
allocates enrollment numbers to a county board of developmental 86584
disabilities for home and community-based services specified in 86585
division (B)(1) of section 5111.87 of the Revised Code and 86586
provided under any of the medicaid waiver components of the 86587
medicaid program that the department administers under section 86588
5111.871 of the Revised Code, the department shall consider all of 86589
the following:86590

       (A)(1) The number of individuals with mental retardation or 86591
other developmental disability who are on a waiting list the 86592
county board establishes under division (C) of section 5126.042 of 86593
the Revised Code for those services and are given priority on the 86594
waiting list pursuant to division (D) or (E) of that section;86595

       (B)(2) The implementation component required by division 86596
(A)(3) of section 5126.054 of the Revised Code of the county 86597
board's plan approved under section 5123.046 of the Revised Code;86598

       (C)(3) Anything else the department considers necessary to 86599
enable county boards to provide those services to individuals in 86600
accordance with the priority requirements of divisions (D) and (E) 86601
offor waiting lists included in the rules adopted under section 86602
5126.042 of the Revised Code.86603

       (B) Division (A) of this section applies to home and 86604
community-based services provided under the medicaid waiver 86605
component known as the transitions developmental disabilities 86606
waiver only to the extent, if any, provided by the contract 86607
required by section 5111.871 of the Revised Code regarding the 86608
waiver.86609

       Sec. 5111.873. (A) Not later than the effective date of the 86610
first of any medicaid waivers the United States secretary of 86611
health and human services grants pursuant to a request made under 86612
section 5111.87 of the Revised CodeSubject to division (D) of 86613
this section, the director of job and family services shall adopt 86614
rules in accordance with Chapter 119. of the Revised Code 86615
establishing statewide fee schedulesthe amount of reimbursement 86616
or the methods by which amounts of reimbursement are to be 86617
determined for home and community-based services specified in 86618
division (B)(1) of section 5111.87 of the Revised Code and 86619
provided under the components of the medicaid program that the 86620
department of developmental disabilities administers under section 86621
5111.871 of the Revised Code. TheWith respect to these rules 86622
shall provide for, all of the following apply:86623

       (1) The rules shall establish procedures for the department 86624
of developmental disabilities to follow in arranging for the 86625
initial and ongoing collection of cost information from a 86626
comprehensive, statistically valid sample of persons and 86627
government entities providing the services at the time the 86628
information is obtained;.86629

       (2) The rules shall establish procedures for the collection 86630
of consumer-specific information through an assessment instrument 86631
the department of developmental disabilities shall provide to the 86632
department of job and family services;.86633

       (3) With the information collected pursuant to divisions 86634
(A)(1) and (2) of this section, an analysis of that information, 86635
and other information the director determines relevant, methods 86636
andthe rules shall establish reimbursement standards for 86637
calculating the fee schedules that do all of the following:86638

       (a) Assure that the fees arereimbursement is consistent with 86639
efficiency, economy, and quality of care;86640

       (b) Consider the intensity of consumer resource need;86641

       (c) Recognize variations in different geographic areas 86642
regarding the resources necessary to assure the health and welfare 86643
of consumers;86644

       (d) Recognize variations in environmental supports available 86645
to consumers.86646

       (B) As part of the process of adopting rules under this 86647
section, the director shall consult with the director of 86648
developmental disabilities, representatives of county boards of 86649
developmental disabilities, persons who provide the home and 86650
community-based services, and other persons and government 86651
entities the director identifies.86652

       (C) The directors of job and family services and 86653
developmental disabilities shall review the rules adopted under 86654
this section at times they determine are necessary to ensure that 86655
the methods andamount of reimbursement or the methods by which 86656
the amounts of reimbursement are to be determined continue to meet 86657
the reimbursement standards established by the rules for 86658
calculating the fee schedules continue to do everything thatunder86659
division (A)(3) of this section requires.86660

       (D) This section applies to home and community-based services 86661
provided under the medicaid waiver component known as the 86662
transitions developmental disabilities waiver only to the extent, 86663
if any, provided by the contract required by section 5111.871 of 86664
the Revised Code regarding the waiver.86665

       Sec. 5111.874.  (A) As used in sections 5111.874 to 5111.8710 86666
of the Revised Code:86667

       "Home and community-based services" has the same meaning as 86668
in section 5123.01 of the Revised Code.86669

       "ICF/MR services" means intermediate care facility for the 86670
mentally retarded services covered by the medicaid program that an 86671
intermediate care facility for the mentally retarded provides to a 86672
resident of the facility who is a medicaid recipient eligible for 86673
medicaid-covered intermediate care facility for the mentally 86674
retarded services.86675

       "Intermediate care facility for the mentally retarded" means 86676
an intermediate care facility for the mentally retarded that is 86677
certified as in compliance with applicable standards for the 86678
medicaid program by the director of health in accordance with 86679
Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 86680
U.S.C. 1396, as amended, and licensed as a residential facility 86681
under section 5123.19 of the Revised Code.86682

       "Residential facility" has the same meaning as in section 86683
5123.19 of the Revised Code.86684

       (B) For the purpose of increasing the number of slots 86685
available for home and community-based services and subject to 86686
sections 5111.877 and 5111.878 of the Revised Code, the operator 86687
of an intermediate care facility for the mentally retarded may 86688
convert some or all of the beds in the facility from providing 86689
ICF/MR services to providing home and community-based services if 86690
all of the following requirements are met:86691

       (1) The operator provides the directors of health, job and 86692
family services, and developmental disabilities at least ninety 86693
days' notice of the operator's intent to relinquish the facility's 86694
certification as an intermediate care facility for the mentally 86695
retarded and to begin providing home and community-based services86696
make the conversion.86697

       (2) The operator complies with the requirements of sections 86698
5111.65 to 5111.689 of the Revised Code regarding a voluntary 86699
termination as defined in section 5111.65 of the Revised Code if 86700
those requirements are applicable.86701

       (3) TheIf the operator intends to convert all of the 86702
facility's beds, the operator notifies each of the facility's 86703
residents that the facility is to cease providing ICF/MR services 86704
and inform each resident that the resident may do either of the 86705
following:86706

       (a) Continue to receive ICF/MR services by transferring to 86707
another facility that is an intermediate care facility for the 86708
mentally retarded willing and able to accept the resident if the 86709
resident continues to qualify for ICF/MR services;86710

       (b) Begin to receive home and community-based services 86711
instead of ICF/MR services from any provider of home and 86712
community-based services that is willing and able to provide the 86713
services to the resident if the resident is eligible for the 86714
services and a slot for the services is available to the resident.86715

       (4) If the operator intends to convert some but not all of 86716
the facility's beds, the operator notifies each of the facility's 86717
residents that the facility is to convert some of its beds from 86718
providing ICF/MR services to providing home and community-based 86719
services and inform each resident that the resident may do either 86720
of the following:86721

       (a) Continue to receive ICF/MR services from any provider of 86722
ICF/MR services that is willing and able to provide the services 86723
to the resident if the resident continues to qualify for ICF/MR 86724
services;86725

       (b) Begin to receive home and community-based services 86726
instead of ICF/MR services from any provider of home and 86727
community-based services that is willing and able to provide the 86728
services to the resident if the resident is eligible for the 86729
services and a slot for the services is available to the resident.86730

       (5) The operator meets the requirements for providing home 86731
and community-based services, including the following:86732

       (a) Such requirements applicable to a residential facility if 86733
the operator maintains the facility's license as a residential 86734
facility;86735

       (b) Such requirements applicable to a facility that is not 86736
licensed as a residential facility if the operator surrenders the 86737
facility's residential facility license under section 5123.19 of 86738
the Revised Code.86739

       (5)(6) The directordirectors of developmental disabilities 86740
approvesand job and family services approve the conversion.86741

       (C) A decision by the directors to approve or refuse to 86742
approve a proposed conversion of beds is final. In making a 86743
decision, the directors shall consider all of the following:86744

       (1) The fiscal impact on the facility if some but not all of 86745
the beds are converted;86746

       (2) The fiscal impact on the medical assistance program;86747

       (3) The availability of home and community-based services.86748

       (D) The notice provided to the directors under division 86749
(B)(1) of this section shall specify whether some or all of the 86750
facility's beds are to be converted. If some but not all of the 86751
beds are to be converted, the notice shall specify how many of the 86752
facility's beds are to be converted and how many of the beds are 86753
to continue to provide ICF/MR services. The notice to the director 86754
of developmental disabilities under division (B)(1) of this 86755
section shall specify whether the operator wishes to surrender the 86756
facility's license as a residential facility under section 5123.19 86757
of the Revised Code.86758

       (D)(E)(1) If the directordirectors of developmental 86759
disabilities approvesand job and family services approve a 86760
conversion under division (B)(C) of this section, the director of 86761
health shall terminatedo the following:86762

       (a) Terminate the certification of the intermediate care 86763
facility for the mentally retarded if the notice specifies that 86764
all of the facility's beds are to be converted;86765

       (b) Reduce the facility's certified capacity by the number of 86766
beds being converted if the notice specifies that some but not all 86767
of the beds are to be converted. The86768

       (2) The director of health shall notify the director of job 86769
and family services of the termination or reduction. On receipt of 86770
the director of health's notice, the director of job and family 86771
services shall terminatedo the following:86772

       (a) Terminate the operator's medicaid provider agreement that 86773
authorizes the operator to provide ICF/MR services at the facility 86774
if the facility's certification was terminated;86775

       (b) Amend the operator's medicaid provider agreement to 86776
reflect the facility's reduced certified capacity if the 86777
facility's certified capacity is reduced. The86778

       (3) In the case of action taken under division (E)(2)(a) of 86779
this section, the operator is not entitled to notice or a hearing 86780
under Chapter 119. of the Revised Code before the director of job 86781
and family services terminates the medicaid provider agreement.86782

       Sec. 5111.877. The director of job and family services may 86783
seek approval from the United States secretary of health and human 86784
services for not more than a total of onetwo hundred slots for 86785
home and community-based services for the purposes of sections 86786
5111.874, 5111.875, and 5111.876 of the Revised Code.86787

       Sec. 5111.88.  (A) As used in sections 5111.88 to 5111.8811 86788
of the Revised Code:86789

       (1) "Adult" means an individual at least eighteen years of 86790
age.86791

       (2) "Authorized representative" means the following:86792

       (a) In the case of a consumer who is a minor, the consumer's 86793
parent, custodian, or guardian;86794

       (b) In the case of a consumer who is an adult, an individual 86795
selected by the consumer pursuant to section 5111.8810 of the 86796
Revised Code to act on the consumer's behalf for purposes 86797
regarding home care attendant services.86798

       (3) "Authorizing health care professional" means a health 86799
care professional who, pursuant to section 5111.887 of the Revised 86800
Code, authorizes a home care attendant to assist a consumer with 86801
self-administration of medication, nursing tasks, or both.86802

       (4) "Consumer" means an individual to whom all of the 86803
following apply:86804

       (a) The individual is enrolled in a participating medicaid 86805
waiver component.86806

       (b) The individual has a medically determinable physical 86807
impairment to which both of the following apply:86808

       (i) It is expected to last for a continuous period of not 86809
less than twelve months.86810

       (ii) It causes the individual to require assistance with 86811
activities of daily living, self-care, and mobility, including 86812
either assistance with self-administration of medication or the 86813
performance of nursing tasks, or both.86814

       (c) In the case of an individual who is an adult, the 86815
individual is mentally alert and is, or has an authorized 86816
representative who is, capable of selecting, directing the actions 86817
of, and dismissing a home care attendant.86818

       (d) In the case of an individual who is a minor, the 86819
individual has an authorized representative who is capable of 86820
selecting, directing the actions of, and dismissing a home care 86821
attendant.86822

       (5) "Controlled substance" has the same meaning as in section 86823
3719.01 of the Revised Code.86824

       (6) "Custodian" has the same meaning as in section 2151.011 86825
of the Revised Code.86826

       (7) "Gastrostomy tube" means a percutaneously inserted 86827
catheter that terminates in the stomach.86828

       (8) "Guardian" has the same meaning as in section 2111.01 of 86829
the Revised Code.86830

       (9) "Health care professional" means a physician or 86831
registered nurse.86832

       (10) "Home care attendant" means an individual holding a 86833
valid medicaid provider agreement in accordance with section 86834
5111.881 of the Revised Code that authorizes the individual to 86835
provide home care attendant services to consumers.86836

       (11) "Home care attendant services" means all of the 86837
following as provided by a home care attendant:86838

       (a) Personal care aide services;86839

       (b) Assistance with the self-administration of medication;86840

       (c) Assistance with nursing tasks.86841

       (12) "Jejunostomy tube" means a percutaneously inserted 86842
catheter that terminates in the jejunum.86843

       (13) "Medicaid waiver component" has the same meaning as in 86844
section 5111.85 of the Revised Code.86845

       (14) "Medication" means a drug as defined in section 4729.01 86846
of the Revised Code.86847

       (15) "Minor" means an individual under eighteen years of age.86848

       (16) "Participating medicaid waiver component" means both of 86849
the following:86850

       (a) The medicaid waiver component known as Ohio home care 86851
that the department of job and family services administersprogram 86852
created under section 5111.861 of the Revised Code;86853

       (b) The medicaid waiver component known as Ohio transitions 86854
II aging carve-out that the department of job and family services 86855
administersprogram created under section 5111.862 of the Revised 86856
Code.86857

       (17) "Physician" means an individual authorized under Chapter 86858
4731. of the Revised Code to practice medicine and surgery or 86859
osteopathic medicine and surgery.86860

       (18) "Practice of nursing as a registered nurse," "practice 86861
of nursing as a licensed practical nurse," and "registered nurse" 86862
have the same meanings as in section 4723.01 of the Revised Code. 86863
"Registered nurse" includes an advanced practice nurse, as defined 86864
in section 4723.01 of the Revised Code.86865

       (19) "Schedule II," "schedule III," "schedule IV," and 86866
"schedule V" have the same meanings as in section 3719.01 of the 86867
Revised Code.86868

       (B) The director of job and family services may submit 86869
requests to the United States secretary of health and human 86870
services to amend the federal medicaid waivers authorizing the 86871
participating medicaid waiver components to have those components 86872
cover home care attendant services in accordance with sections 86873
5111.88 to 5111.8810 and rules adopted under section 5111.8811 of 86874
the Revised Code. Notwithstanding sections 5111.881 to 5111.8811 86875
of the Revised Code, those sections shall be implemented regarding 86876
a participating medicaid waiver component only if the secretary 86877
approves a waiver amendment for the component.86878

       Sec. 5111.89.  (A) As used in sections 5111.89 to 5111.894 of 86879
the Revised Code:86880

       "Area agency on aging" has the same meaning as in section 86881
173.14 of the Revised Code.86882

       "Assisted living program" means the program created under 86883
this section.86884

       "Assisted living services" means the following home and 86885
community-based services: personal care, homemaker, chore, 86886
attendant care, companion, medication oversight, and therapeutic 86887
social and recreational programming.86888

       "Assisted living waiver" means the federal medicaid waiver 86889
granted by the United States secretary of health and human 86890
services that authorizes the medicaid-funded component of the 86891
assisted living program.86892

       "County or district home" means a county or district home 86893
operated under Chapter 5155. of the Revised Code.86894

       "Long-term care consultation program" means the program the 86895
department of aging is required to develop under section 173.42 of 86896
the Revised Code.86897

       "Long-term care consultation program administrator" or 86898
"administrator" means the department of aging or, if the 86899
department contracts with an area agency on aging or other entity 86900
to administer the long-term care consultation program for a 86901
particular area, that agency or entity.86902

       "Medicaid waiver component" has the same meaning as in 86903
section 5111.85 of the Revised Code.86904

       "Nursing facility" has the same meaning as in section 5111.20 86905
of the Revised Code.86906

       "Residential care facility" has the same meaning as in 86907
section 3721.01 of the Revised Code.86908

       "State administrative agency" means the department of job and 86909
family services if the department of job and family services 86910
administers the assisted living program or the department of aging 86911
if the department of aging administers the assisted living 86912
program. 86913

       "Unified long-term services and support medicaid waiver 86914
component" means the medicaid waiver component authorized by 86915
section 5111.863 of the Revised Code.86916

       (B) There is hereby created the assisted living program. The 86917
program shall provide assisted living services to individuals who 86918
meet the program's applicable eligibility requirements established 86919
under section 5111.891 of the Revised Code. TheSubject to 86920
division (C) of this section, the program may not serve more 86921
individuals than the number that is set by the United States 86922
secretary of health and human services when the medicaid waiver 86923
authorizing the program is approvedshall have a medicaid-funded 86924
component and a state-funded component.86925

       (C)(1) Unless the medicaid-funded component of the assisted 86926
living program is terminated under division (C)(2) of this 86927
section, all of the following apply:86928

       (a) The department of aging shall administer the 86929
medicaid-funded component through a contract entered into with the 86930
department of job and family services under section 5111.91 of the 86931
Revised Code.86932

       (b) The contract shall include an estimate of the 86933
medicaid-funded component's costs. The program86934

       (c) The medicaid-funded component shall be operated as a 86935
separate medicaid waiver component until the United States 86936
secretary approves the consolidated federal medicaid waiver sought 86937
under section 5111.861 of the Revised Code. The program shall be 86938
part of the consolidated federal medicaid waiver sought under that 86939
section if the United States secretary approves the waiver.86940

       If the director of budget and management approves the 86941
contract, the department of job and family services shall enter 86942
into a contract with the department of aging under section 5111.91 86943
of the Revised Code that provides for the department of aging to 86944
administer the assisted living program. The contract shall include 86945
an estimate of the program's costs.86946

       The(d) The medicaid-funded component may not serve more 86947
individuals than is set by the United States secretary of health 86948
and human services in the assisted living waiver.86949

       (e) The director of job and family services may adopt rules 86950
under section 5111.85 of the Revised Code regarding the assisted 86951
living programmedicaid-funded component. The86952

       (f) The director of aging may adopt rules under Chapter 119. 86953
of the Revised Code regarding the programmedicaid-funded 86954
component that the rules adopted by the director of job and family 86955
services under division (C)(1)(e) of this section authorize the 86956
director of aging to adopt.86957

       (2) If the unified long-term services and support medicaid 86958
waiver component is created, the departments of aging and job and 86959
family services shall work together to determine whether the 86960
medicaid-funded component of the assisted living program should 86961
continue to operate as a separate medicaid waiver component or be 86962
terminated. If the departments determine that the medicaid-funded 86963
component of the assisted living program should be terminated, the 86964
medicaid-funded component shall cease to exist on a date the 86965
departments shall specify.86966

       (D) The department of aging shall administer the state-funded 86967
component of the assisted living program. The state-funded 86968
component shall not be administered as part of the medicaid 86969
program.86970

       An individual who is eligible for the state-funded component 86971
may participate in the component for not more than three months.86972

       The director of aging shall adopt rules in accordance with 86973
section 111.15 of the Revised Code to implement the state-funded 86974
component.86975

       Sec. 5111.891.  To be eligible for the medicaid-funded 86976
component of the assisted living program, an individual must meet 86977
all of the following requirements:86978

       (A) Need an intermediate level of care as determined under 86979
rule 5101:3-3-06 of the Administrative Code;86980

       (B) At the time the individual applies for the assisted 86981
living program, be one of the following:86982

       (1) A nursing facility resident who is seeking to move to a 86983
residential care facility and would remain in a nursing facility 86984
for long-term care if not for the assisted living program;86985

       (2) A participant of any of the following medicaid waiver 86986
components who would move to a nursing facility if not for the 86987
assisted living program:86988

       (a) The PASSPORT program created under section 173.40 of the 86989
Revised Code;86990

       (b) The choices program created under section 173.403 of the 86991
Revised Code;86992

       (c) A medicaid waiver component that the department of job 86993
and family services administers.86994

       (3) A resident of a residential care facility who has resided 86995
in a residential care facility for at least six months immediately 86996
before the date the individual applies for the assisted living 86997
program.86998

       (C) At the time the individual receivesWhile receiving86999
assisted living services under the assisted living program87000
medicaid-funded component, reside in a residential care facility 87001
that is authorized by a valid medicaid provider agreement to 87002
participate in the assisted living programcomponent, including 87003
both of the following: 87004

       (1) A residential care facility that is owned or operated by 87005
a metropolitan housing authority that has a contract with the 87006
United States department of housing and urban development to 87007
receive an operating subsidy or rental assistance for the 87008
residents of the facility;87009

       (2) A county or district home licensed as a residential care 87010
facility. 87011

       (D)(C) Meet all other eligibility requirements for the 87012
assisted living programmedicaid-funded component established in 87013
rules adopted underpursuant to division (C) of section 5111.8587014
5111.89 of the Revised Code.87015

       Sec. 5111.892. To be eligible for the state-funded component 87016
of the assisted living program, an individual must meet all of the 87017
following requirements:87018

       (A) The individual must need an intermediate level of care as 87019
determined under rule 5101:3-3-06 of the Administrative Code;87020

       (B) The individual must have an application for the 87021
medicaid-funded component of the assisted living program (or, if 87022
the medicaid-funded component is terminated under division (C)(2) 87023
of section 5111.89 of the Revised Code, the unified long-term 87024
services and support medicaid waiver component) pending and the 87025
department or the department's designee must have determined that 87026
the individual meets the nonfinancial eligibility requirements of 87027
the medicaid-funded component (or, if the medicaid-funded 87028
component is terminated under division (C)(2) of section 5111.89 87029
of the Revised Code, the unified long-term services and support 87030
medicaid waiver component) and not have reason to doubt that the 87031
individual meets the financial eligibility requirements of the 87032
medicaid-funded component (or, if the medicaid-funded component is 87033
terminated under division (C)(2) of section 5111.89 of the Revised 87034
Code, the unified long-term services and support medicaid waiver 87035
component).87036

       (C) While receiving assisted living services under 87037
state-funded component, the individual must reside in a 87038
residential care facility that is authorized by a valid provider 87039
agreement to participate in the component, including both of the 87040
following:87041

       (1) A residential care facility that is owned or operated by 87042
a metropolitan housing authority that has a contract with the 87043
United States department of housing and urban development to 87044
receive an operating subsidy or rental assistance for the 87045
residents of the facility;87046

       (2) A county or district home licensed as a residential care 87047
facility.87048

       (D) The individual must meet all other eligibility 87049
requirements for the state-funded component established in rules 87050
adopted under division (D) of section 5111.89 of the Revised Code.87051

       Sec. 5111.892.        Sec. 5111.893.  A residential care facility 87052
providing services covered by the assisted living program to an 87053
individual enrolled in the program shall have staff on-site 87054
twenty-four hours each day who are able to do all of the 87055
following:87056

       (A) Meet the scheduled and unpredicted needs of the 87057
individuals enrolled in the assisted living program in a manner 87058
that promotes the individuals' dignity and independence;87059

       (B) Provide supervision services for those individuals;87060

       (C) Help keep the individuals safe and secure.87061

       Sec. 5111.894.  (A) The state administrative agencySubject 87062
to division (C)(2) of section 5111.89 of the Revised Code, the 87063
department of aging shall establish a home first component of the 87064
assisted living program under which eligible individuals may be 87065
enrolled in the medicaid-funded component of the assisted living 87066
program in accordance with this section. An individual is eligible 87067
for the assisted living program's home first component if allboth87068
of the following apply:87069

       (1) The individual ishas been determined to be eligible for 87070
the medicaid-funded component of the assisted living program.87071

       (2) The individual is on the unified waiting list established 87072
under section 173.404 of the Revised Code.87073

       (3) At least one of the following applies:87074

       (a) The individual has been admitted to a nursing facility.87075

       (b) A physician has determined and documented in writing that 87076
the individual has a medical condition that, unless the individual 87077
is enrolled in home and community-based services such as the 87078
assisted living program, will require the individual to be 87079
admitted to a nursing facility within thirty days of the 87080
physician's determination.87081

       (c) The individual has been hospitalized and a physician has 87082
determined and documented in writing that, unless the individual 87083
is enrolled in home and community-based services such as the 87084
assisted living program, the individual is to be transported 87085
directly from the hospital to a nursing facility and admitted.87086

       (d) Both of the following apply:87087

       (i) The individual is the subject of a report made under 87088
section 5101.61 of the Revised Code regarding abuse, neglect, or 87089
exploitation or such a report referred to a county department of 87090
job and family services under section 5126.31 of the Revised Code 87091
or has made a request to a county department for protective 87092
services as defined in section 5101.60 of the Revised Code.87093

       (ii) A county department of job and family services and an 87094
area agency on aging have jointly documented in writing that, 87095
unless the individual is enrolled in home and community-based 87096
services such as the assisted living program, the individual 87097
should be admitted to a nursing facility.87098

       (e) The individual resided in a residential care facility for 87099
at least six months immediately before applying for the 87100
medicaid-funded component of the assisted living program and is at 87101
risk of imminent admission to a nursing facility because the costs 87102
of residing in the residential care facility have depleted the 87103
individual's resources such that the individual is unable to 87104
continue to afford the cost of residing in the residential care 87105
facility.87106

       (B) Each month, each area agency on aging shall identify 87107
individuals residing in the area that the area agency on aging 87108
serves who are eligible for the home first component of the 87109
assisted living program. When an area agency on aging identifies 87110
such an individual and determines that there is a vacancy in a 87111
residential care facility participating in the medicaid-funded 87112
component of the assisted living program that is acceptable to the 87113
individual, the agency shall notify the long-term care 87114
consultation program administrator serving the area in which the 87115
individual resides. The administrator shall determine whether the 87116
assisted living program is appropriate for the individual and 87117
whether the individual would rather participate in the assisted 87118
living program than continue or begin to reside in a nursing 87119
facility. If the administrator determines that the assisted living 87120
program is appropriate for the individual and the individual would 87121
rather participate in the assisted living program than continue or 87122
begin to reside in a nursing facility, the administrator shall so 87123
notify the state administrative agencydepartment of aging. On 87124
receipt of the notice from the administrator, the state 87125
administrative agencydepartment shall approve the individual's 87126
enrollment in the medicaid-funded component of the assisted living 87127
program regardless of the unified waiting list established under 87128
section 173.404 of the Revised Code, unless the enrollment would 87129
cause the assisted living programcomponent to exceed any limit on 87130
the number of individuals who may participate in the program87131
component as set by the United States secretary of health and 87132
human services when the medicaid waiver authorizingin the program 87133
is approvedassisted living waiver. 87134

       (C) Each quarter, the state administrative agency shall 87135
certify to the director of budget and management the estimated 87136
increase in costs of the assisted living program resulting from 87137
enrollment of individuals in the assisted living program pursuant 87138
to this section.87139

       Sec. 5111.911. Any contract the department of job and family 87140
services enters into with the department of mental health or 87141
department of alcohol and drug addiction services under section 87142
5111.91 of the Revised Code is subject to the approval of the 87143
director of budget and management and shall require or specify all 87144
of the following:87145

        (A) In the case of a contract with the department of mental 87146
health, that section 5111.912 of the Revised Code be complied 87147
with;87148

        (B) In the case of a contract with the department of alcohol 87149
and drug addiction services, that section 5111.913 of the Revised 87150
Code be complied with;87151

        (C) How providers will be paid for providing the services;87152

        (D) The department of mental health's or department of 87153
alcohol and drug addiction services' responsibilities for 87154
reimbursingwith regard to providers, including program oversight 87155
and quality assurance.87156

       Sec. 5111.912. If the department of job and family services 87157
enters into a contract with the department of mental health under 87158
section 5111.91 of the Revised Code, the department of mental 87159
health and boards of alcohol, drug addiction, and mental health87160
job and family services shall pay the nonfederal share of any 87161
medicaid payment to a provider for services under the component, 87162
or aspect of the component, the department of mental health 87163
administers. If necessary, the director of job and family services 87164
shall submit a state medicaid plan amendment to the United States 87165
secretary of health and human services regarding the department of 87166
job and family services' duty under this section.87167

       Sec. 5111.913. If the department of job and family services 87168
enters into a contract with the department of alcohol and drug 87169
addiction services under section 5111.91 of the Revised Code, the 87170
department of alcohol and drug addiction services and boards of 87171
alcohol, drug addiction, and mental health services shall pay the 87172
nonfederal share of any medicaid payment to a provider for 87173
services under the component, or aspect of the component, the 87174
department of alcohol and drug addiction services administers. A 87175
board shall use funds allocated to the board under section 3793.04 87176
of the Revised Code to pay the nonfederal share.87177

       Sec. 5111.94.  (A) As used in this section, "vendor offset" 87178
means a reduction of a medicaid payment to a medicaid provider to 87179
correct a previous, incorrect medicaid payment to that provider.87180

       (B) There is hereby created in the state treasury the health 87181
care services administration fund. Except as provided in division 87182
(C) of this section, all the following shall be deposited into the 87183
fund:87184

       (1) Amounts deposited into the fund pursuant to sections 87185
5111.92 and 5111.93 of the Revised Code;87186

       (2) The amount of the state share of all money the department 87187
of job and family services, in fiscal year 2003 and each fiscal 87188
year thereafter, recovers pursuant to a tort action under the 87189
department's right of recovery under section 5101.58 of the 87190
Revised Code that exceeds the state share of all money the 87191
department, in fiscal year 2002, recovers pursuant to a tort 87192
action under that right of recovery;87193

       (3) Subject to division (D) of this section, the amount of 87194
the state share of all money the department of job and family 87195
services, in fiscal year 2003 and each fiscal year thereafter, 87196
recovers through audits of medicaid providers that exceeds the 87197
state share of all money the department, in fiscal year 2002, 87198
recovers through such audits;87199

       (4) Amounts from assessments on hospitals under section 87200
5112.06 of the Revised Code and intergovernmental transfers by 87201
governmental hospitals under section 5112.07 of the Revised Code 87202
that are deposited into the fund in accordance with the law;87203

       (5) Amounts that the department of education pays to the 87204
department of job and family services, if any, pursuant to an 87205
interagency agreement entered into under section 5111.713 of the 87206
Revised Code;87207

       (6) The application fees charged to providers under section 87208
5111.063 of the Revised Code.87209

       (C) No funds shall be deposited into the health care services 87210
administration fund in violation of federal statutes or 87211
regulations.87212

       (D) In determining under division (B)(3) of this section the 87213
amount of money the department, in a fiscal year, recovers through 87214
audits of medicaid providers, the amount recovered in the form of 87215
vendor offset shall be excluded.87216

       (E) The director of job and family services shall use funds 87217
available in the health care services administration fund to pay 87218
for costs associated with the administration of the medicaid 87219
program.87220

       Sec. 5111.941. (A) The medicaid revenue and collections fund 87221
is hereby created in the state treasury. Except as otherwise 87222
provided by statute or as authorized by the controlling board, 87223
both of the following shall be credited to the fund:87224

       (1) Thethe nonfederal share of all medicaid-related 87225
revenues, collections, and recoveries;87226

       (2) The monthly premiums charged under the children's buy-in 87227
program pursuant to section 5101.5213 of the Revised Codeshall be 87228
credited to the fund. 87229

       (B) The department of job and family services shall use money 87230
credited to the medicaid revenue and collections fund to pay for 87231
medicaid services and contracts and the children's buy-in program 87232
established under sections 5101.5211 to 5101.5216 of the Revised 87233
Code.87234

       Sec. 5111.944.  (A) As used in this section:87235

       "Dual eligible individual" has the same meaning as in section 87236
1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010), 87237
42 U.S.C. 1396n(h)(2)(B).87238

       "Dual eligible integrated care demonstration project" means 87239
the demonstration project authorized by section 5111.981 of the 87240
Revised Code.87241

       "Medicare program" means the program created under Title 87242
XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 87243
1395, as amended.87244

       (B) There is created in the state treasury the integrated 87245
care delivery systems fund. If the terms of the federal approval 87246
for the dual eligible integrated care demonstration project 87247
provide for the state to receive a portion of the amounts that the 87248
demonstration project saves the medicare program, such amounts 87249
shall be deposited into the fund. The department of job and family 87250
services shall use the money in the fund to further develop 87251
integrated delivery systems and improved care coordination for 87252
dual eligible individuals.87253

       Sec. 5111.945. There is created in the state treasury the 87254
health care special activities fund. The department of job and 87255
family services shall deposit all funds it receives pursuant to 87256
the administration of the medicaid program into the fund, other 87257
than any such funds that are required by law to be deposited into 87258
another fund. The department shall use the money in the fund to 87259
pay for expenses related to the services provided under, and the 87260
administration of, the medicaid program.87261

       Sec. 5111.97. (A) As used in this section and in section 87262
5111.971 of the Revised Code, "nursing facility" has the same 87263
meaning as in section 5111.20 of the Revised Code.87264

       (B) To the extent funds are available, the director of job 87265
and family services may establish the Ohio access success project 87266
to help medicaid recipients make the transition from residing in a 87267
nursing facility to residing in a community setting. The program87268
project may be established as a separate non-medicaidnonmedicaid87269
program or integrated into a new or existing program of 87270
medicaid-funded home and community-based services authorized by a 87271
waiver approved by the United States department of health and 87272
human services. The director shall permit any recipient of 87273
medicaid-funded nursing facility services to apply for 87274
participation in the programproject, but may limit the number of 87275
programproject participants. If an application is received before 87276
the applicant has been a recipient of medicaid-funded nursing 87277
facility services for six months, the87278

       The director shall ensure that an assessment of an applicant87279
is conducted as soon as practicable to determine whether the 87280
applicant is eligible for participation in the programproject. To 87281
the maximum extent possible, the assessment and eligibility 87282
determination shall be completed not later than the date that 87283
occurs six months after the applicant became a recipient of 87284
medicaid-funded nursing facility services.87285

        (C) To be eligible for benefits under the project, a medicaid 87286
recipient must satisfy all of the following requirements:87287

       (1) BeThe medicaid recipient must be a recipient of 87288
medicaid-funded nursing facility services, at the time of applying 87289
for the project benefits;.87290

       (2) Need the level of care provided by nursing facilities;87291

       (3) For participation in a non-medicaidIf the project is 87292
established as a nonmedicaid program, receive servicesthe 87293
medicaid recipient must be able to remain in the community with a87294
as a result of receiving project benefits and the projected cost 87295
of the benefits to the project does not exceedingexceed eighty 87296
per cent of the average monthly medicaid cost of a medicaid 87297
recipient in a nursing facility;87298

        (4) For participation in a program established as part of.87299

       (3) If the project is integrated into a medicaid-funded home 87300
and community-based services waiver program, the medicaid 87301
recipient must meet waiver enrollment criteria.87302

        (D) If the director establishes the Ohio access success 87303
project, the benefits provided under the project may include 87304
payment of all of the following:87305

       (1) The first month's rent in a community setting;87306

       (2) Rental deposits;87307

       (3) Utility deposits;87308

       (4) Moving expenses;87309

       (5) Other expenses not covered by the medicaid program that 87310
facilitate a medicaid recipient's move from a nursing facility to 87311
a community setting.87312

        (E) If the project is established as a non-medicaid87313
nonmedicaid program, no participant may receive more than two 87314
thousand dollars worth of benefits under the project.87315

        (F) The director may submit a request to the United States 87316
secretary of health and human services pursuant to section 1915 of 87317
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n, 87318
as amended, to create a medicaid home and community-based services 87319
waiver program to serve individuals who meet the criteria for 87320
participation in the Ohio access success project. The director may 87321
adopt rules under Chapter 119. of the Revised Code for the 87322
administration and operation of the programproject.87323

       Sec. 5111.981.  (A) As used in this section:87324

       "Dual eligible individual" has the same meaning as in section 87325
1915(h)(2)(B) of the "Social Security Act," 124 Stat. 315 (2010), 87326
42 U.S.C. 1396n(h)(2)(B).87327

       "Medicare program" means the program created under Title 87328
XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 87329
1395, as amended.87330

       (B) Subject to division (C) of this section, the director of 87331
job and family services may implement a demonstration project to 87332
test and evaluate the integration of the care that dual eligible 87333
individuals receive under the medicare and medicaid programs. No 87334
provision of Title LI of the Revised Code applies to the 87335
demonstration project if that provision implements or incorporates 87336
a provision of federal law governing the medicaid program and that 87337
provision of federal law does not apply to the demonstration 87338
project.87339

       (C) Before implementing the demonstration project under 87340
division (B) of this section, the director shall obtain the 87341
approval of the United States secretary of health and human 87342
services in the form of a federal medicaid waiver, medicaid state 87343
plan amendment, or demonstration grant. The director is required 87344
to seek the federal approval only if the director seeks to 87345
implement the demonstration project. The director shall implement 87346
the demonstration project in accordance with the terms of the 87347
federal approval, including the terms regarding the duration of 87348
the demonstration project.87349

       Sec. 5112.30.  As used in sections 5112.30 to 5112.39 of the 87350
Revised Code:87351

       (A) "Franchise permit fee rate" means the following:87352

       (1) Until August 1, 2009, eleven dollars and ninety-eight 87353
cents;87354

       (2) For the period beginning August 1, 2009, and ending June 87355
30, 2010, fourteen dollars and seventy-five cents;87356

       (3) For fiscal year 20112012, thirteenseventeen dollars and 87357
fifty-fiveninety-nine cents;87358

       (4)(2) For fiscal year 20122013 and each fiscal year 87359
thereafter, the rate used for the immediately preceding fiscal 87360
year as adjusted in accordance with the composite inflation factor 87361
established in rules adopted under section 5112.39 of the Revised 87362
Codeeighteen dollars and thirty-two cents.87363

       (B) "Indirect guarantee percentage" means the percentage 87364
specified in section 1903(w)(4)(C)(ii) of the "Social Security 87365
Act," 120 Stat. 2994 (2006), 42 U.S.C. 1396b(w)(4)(C)(ii), as 87366
amended, that is to be used in determining whether a class of 87367
providers is indirectly held harmless for any portion of the costs 87368
of a broad-based health-care-related tax. If the indirect 87369
guarantee percentage changes during a fiscal year, the indirect 87370
guarantee percentage is the following:87371

       (1) For the part of the fiscal year before the change takes 87372
effect, the percentage in effect before the change;87373

       (2) For the part of the fiscal year beginning with the date 87374
the indirect guarantee percentage changes, the new percentage.87375

       (C) "Intermediate care facility for the mentally retarded" 87376
has the same meaning as in section 5111.20 of the Revised Code, 87377
except that, until August 1, 2009, it does not include any such 87378
facility operated by the department of developmental disabilities.87379

       (C)(D) "Medicaid" has the same meaning as in section 5111.01 87380
of the Revised Code.87381

       Sec. 5112.31.  The department of job and family services 87382
shall do all of the following:87383

       (A) Subject to divisiondivisions (B) and (C) of this section 87384
and for the purposes specified in sections 5112.37 and 5112.371 of 87385
the Revised Code, assess for each fiscal year each intermediate 87386
care facility for the mentally retarded a franchise permit fee 87387
equal to the franchise permit fee rate multiplied by the product 87388
of the following:87389

       (1) The number of beds certified under Title XIX of the 87390
"Social Security Act" on the first day of May of the calendar year 87391
in which the assessment is determined pursuant to division (A) of 87392
section 5112.33 of the Revised Code;87393

       (2) The following number of days:87394

       (a) For fiscal year 2010, the following:87395

       (i) For the part of fiscal year 2010 during which the 87396
franchise permit fee rate is eleven dollars and ninety-eight 87397
cents, the number of days during fiscal year 2010 during which the 87398
franchise permit fee rate is that amount;87399

       (ii) For the part of fiscal year 2010 during which the 87400
franchise permit fee rate is fourteen dollars and seventy-five 87401
cents, the number of days during fiscal year 2010 during which the 87402
franchise permit fee is that amount;87403

       (iii) For fiscal year 2011 and each fiscal year thereafter, 87404
the number of days in the fiscal year.87405

       (B) If the total amount of the franchise permit fee assessed 87406
under division (A) of this section for a fiscal year exceeds five 87407
and one-half per centthe indirect guarantee percentage of the 87408
actual net patient revenue for all intermediate care facilities 87409
for the mentally retarded for that fiscal year, do both of the 87410
following:87411

       (1) Recalculate the assessments under division (A) of this 87412
section using a per bed per day rate equal to five and one-half 87413
per centthe indirect guarantee percentage of actual net patient 87414
revenue for all intermediate care facilities for the mentally 87415
retarded for that fiscal year;87416

       (2) Refund the difference between the amount of the franchise 87417
permit fee assessed for that fiscal year under division (A) of 87418
this section and the amount recalculated under division (B)(1) of 87419
this section as a credit against the assessments imposed under 87420
division (A) of this section for the subsequent fiscal year.87421

       (C) If the United States secretary of health and human 87422
services determines that the franchise permit fee established by 87423
sections 5112.30 to 5112.39 of the Revised Code would be an 87424
impermissible health care-related tax under section 1903(w) of the 87425
"Social Security Act," 42 U.S.C.A. 1396b(w), as amended, take all 87426
necessary actions to cease implementation of those sections in 87427
accordance with rules adopted under section 5112.39 of the Revised 87428
Code.87429

       Sec. 5112.37.  There is hereby created in the state treasury 87430
the home and community-based services for the mentally retarded 87431
and developmentally disabled fund. Eighty-fourEighty-one and two 87432
tenthsseventy-seven hundredths per cent of all installment 87433
payments and penalties paid by an intermediate care facility for 87434
the mentally retarded under sections 5112.33 and 5112.34 of the 87435
Revised Code for state fiscal year 20102012 shall be deposited 87436
into the fund. Seventy-nineEighty-two and twelve hundredthstwo 87437
tenths per cent of all installment payments and penalties paid by 87438
an intermediate care facility for the mentally retarded under 87439
sections 5112.33 and 5112.34 of the Revised Code for state fiscal 87440
year 20112013 and thereafter shall be deposited into the fund. 87441
The department of job and family services shall distribute the 87442
money in the fund in accordance with rules adopted under section 87443
5112.39 of the Revised Code. The departments of job and family 87444
services and developmental disabilities shall use the money for 87445
the medicaid program established under Chapter 5111. of the 87446
Revised Code and home and community-based services to mentally 87447
retarded and developmentally disabled persons.87448

       Sec. 5112.371. There is hereby created in the state treasury 87449
the department of developmental disabilities operating and 87450
services fund. Fifteen and eight tenths per cent of allAll87451
installment payments and penalties paid by an intermediate care 87452
facility for the mentally retarded under sections 5112.33 and 87453
5112.34 of the Revised Code for state fiscal year 2010that are 87454
not deposited into the home and community-based services for the 87455
mentally retarded and developmentally disabled fund shall be 87456
deposited into the department of developmental disabilities 87457
operating and services fund. Twenty and eighty-eight hundredths 87458
per cent of all installment payments and penalties paid by an 87459
intermediate care facility for the mentally retarded under 87460
sections 5112.33 and 5112.34 of the Revised Code for state fiscal 87461
year 2011 and thereafter shall be deposited into the fund. The 87462
money in the fund shall be used for the expenses of the programs 87463
that the department of mental retardation and developmental 87464
disabilities administers and the department's administrative 87465
expenses.87466

       Sec. 5112.39.  The director of job and family services shall 87467
adopt rules in accordance with Chapter 119. of the Revised Code to 87468
do all of the following:87469

       (A) Establish a composite inflation factor for the purpose of 87470
division (A)(4) of section 5112.30 of the Revised Code;87471

       (B) Prescribe the actions the department will take to cease 87472
implementation of sections 5112.30 to 5112.39 of the Revised Code 87473
if the United States secretary of health and human services 87474
determines that the franchise permit fee imposed under section 87475
5112.31 of the Revised Code is an impermissible health 87476
care-related tax under section 1903(w) of the "Social Security 87477
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396b(w), as amended;87478

       (C)(B) Establish the method of distributing the money in the 87479
home and community-based services for the mentally retarded and 87480
developmentally disabled fund created by section 5112.37 of the 87481
Revised Code;87482

       (D)(C) Establish any other requirements or procedures the 87483
director considers necessary to implement sections 5112.30 to 87484
5112.39 of the Revised Code.87485

       Sec. 5112.40.  As used in sections 5112.40 to 5112.48 of the 87486
Revised Code:87487

       (A) "Applicable assessment percentage" means the percentage 87488
specified in rules adopted under section 5112.46 of the Revised 87489
Code that is used in calculating a hospital's assessment under 87490
section 5112.41 of the Revised Code.87491

       (B) "Assessment program year" means the twelve-month period 87492
beginning the first day of October of a calendar year and ending 87493
the last day of September of the following calendar year.87494

       (B)(C) "Cost reporting period" means the period of time used 87495
by a hospital in reporting costs for purposes of the medicare 87496
program.87497

       (C)(D) "Federal fiscal year" means the twelve-month period 87498
beginning the first day of October of a calendar year and ending 87499
the last day of September of the following calendar year.87500

       (D)(E)(1) Except as provided in division (D)(E)(2) of this 87501
section, "hospital" means a hospital to which any of the following 87502
applies:87503

       (a) The hospital is registered under section 3701.07 of the 87504
Revised Code as a general medical and surgical hospital or a 87505
pediatric general hospital and provides inpatient hospital 87506
services, as defined in 42 C.F.R. 440.10.87507

       (b) The hospital is recognized under the medicare program as 87508
a cancer hospital and is exempt from the medicare prospective 87509
payment system.87510

       (c) The hospital is a psychiatric hospital licensed under 87511
section 5119.20 of the Revised Code.87512

       (2) "Hospital" does not include either of the following:87513

       (a) A federal hospital;87514

       (b) A hospital that does not charge any of its patients for 87515
its services.87516

       (E)(F) "Hospital care assurance program" means the program 87517
established under sections 5112.01 to 5112.21 of the Revised Code.87518

       (F)(G) "Medicaid" has the same meaning as in section 5111.01 87519
of the Revised Code.87520

       (G)(H) "Medicare" means the program established under Title 87521
XVIII of the Social Security Act.87522

       (H)(I) "State fiscal year" means the twelve-month period 87523
beginning the first day of July of a calendar year and ending the 87524
last day of June of the following calendar year.87525

       (I)(J)(1) Except as provided in divisions (I)(J)(2) and (3) 87526
of this section, "total facility costs" means the total costs to a 87527
hospital for all care provided to all patients, including the 87528
direct, indirect, and overhead costs to the hospital of all 87529
services, supplies, equipment, and capital related to the care of 87530
patients, regardless of whether patients are enrolled in a health 87531
insuring corporation.87532

       (2) "Total facility costs" excludes all of the following of a 87533
hospital's costs as shown on the cost-reporting data used for 87534
purposes of determining the hospital's assessment under section 87535
5112.41 of the Revised Code:87536

       (a) Skilled nursing services provided in distinct-part 87537
nursing facility units;87538

       (b) Home health services;87539

       (c) Hospice services;87540

       (d) Ambulance services;87541

       (e) Renting durable medical equipment;87542

       (f) Selling durable medical equipment.87543

       (3) "Total facility costs" excludes any costs excluded from a 87544
hospital's total facility costs pursuant to rules, if any, adopted 87545
under division (B)(1) of section 5112.46 of the Revised Code.87546

       Sec. 5112.41.  (A) For the purposes specified in section 87547
5112.45 of the Revised Code and subject to section 5112.48 of the 87548
Revised Code, there is hereby imposed an assessment on all 87549
hospitals each assessment program year. The amount of a hospital's 87550
assessment for an assessment program year shall equal, except as 87551
provided in division (D) of this section, the applicable 87552
assessment percentage specified in division (B) of this section of 87553
the hospital's total facility costs for the period of time 87554
specified in division (C)(B) of this section. The amount of a 87555
hospital's total facility costs shall be derived from 87556
cost-reporting data for the hospital submitted to the department 87557
of job and family services for purposes of the hospital care 87558
assurance program. If a hospital has not submitted that 87559
cost-reporting data to the department, the amount of a hospital's 87560
total facility costs shall be derived from other financial 87561
statements that the hospital shall provide to the department as 87562
directed by the department. The cost-reporting data or financial 87563
statements used to determine a hospital's assessment is subject to 87564
the same type of adjustments made to the cost-reporting data under 87565
the hospital care assurance program.87566

       (B) The percentage specified in this division is the 87567
following:87568

       (1) For the first assessment program year beginning after the 87569
effective date of this section, one and fifty-two hundredths per 87570
cent;87571

       (2) Subject to division (D) of this section, for the second 87572
assessment program year after the effective date of this section 87573
and each successive assessment program year, one and sixty-one 87574
hundredths per cent.87575

       (C) The period of time specified in this division is the 87576
hospital's cost reporting period that ends in the state fiscal 87577
year that ends in the federal fiscal year that precedes the 87578
federal fiscal year that precedes the assessment program year for 87579
which the assessment is imposed. 87580

       (D) The department of job and family services shall apply to 87581
the United States secretary of health and human services for a 87582
waiver under 42 U.S.C. 1396b(w)(3)(E) to establish, for the second 87583
assessment program year after the effective date of this section 87584
and each successive assessment program year, a tiered assessment 87585
on hospitals' total facility costs instead of applying the 87586
percentage specified in division (B)(2) of this section. If the 87587
United States secretary denies the waiver, the department shall 87588
apply the percentage specified in division (B)(2) of this section 87589
for the second assessment program year after the effective date of 87590
this section and each successive assessment program year. 87591

       (E)(C) The assessment imposed by this section on a hospital 87592
is in addition to the assessment imposed by section 5112.06 of the 87593
Revised Code.87594

       Sec. 5112.46.  (A) The director of job and family services 87595
mayshall adopt, amend, and rescind rules in accordance with 87596
Chapter 119. of the Revised Code as necessary to implement 87597
sections 5112.40 to 5112.48 of the Revised Code, including rules 87598
that specify the percentage of hospitals' total facility costs to 87599
be used in calculating hospitals' assessments under section 87600
5112.41 of the Revised Code.87601

       (B) The rules adopted under this section may providedo the 87602
following:87603

       (1) Provide that a hospital's total facility costs for the 87604
purpose of the assessment under section 5112.41 of the Revised 87605
Code exclude any of the following:87606

       (1)(a) A hospital's costs associated with providing care to 87607
recipients of any of the following:87608

       (a)(i) The medicaid program;87609

       (b)(ii) The medicare program;87610

       (c)(iii) The disability financial assistance program 87611
established under Chapter 5115. of the Revised Code;87612

       (d)(iv) The program for medically handicapped children 87613
established under section 3701.023 of the Revised Code;87614

       (e)(v) Services provided under the maternal and child health 87615
services block grant established under Title V of the Social 87616
Security Act.87617

       (2)(b) Any other category of hospital costs the director 87618
deems appropriate under federal law and regulations governing the 87619
medicaid program.87620

       (2) Subject to division (C) of this section, provide for the 87621
percentage of hospitals' total facility costs used in calculating 87622
hospitals' assessments to vary for different hospitals;87623

       (3) To reduce hospitals' cash flow difficulties, establish a 87624
schedule for hospitals to pay their assessments that is different 87625
from the schedule established under section 5112.43 of the Revised 87626
Code.87627

       (C) Before adopting rules authorized by division (B)(2) of 87628
this section that establish varied percentages to be used in 87629
calculating hospitals' assessments, the director shall obtain a 87630
waiver from the United States secretary of health and human 87631
services under section 1903(w)(3)(E) of the "Social Security Act," 87632
105 Stat. 1796 (1991), 42 U.S.C. 1396b(w)(3)(E), as amended, if 87633
the varied percentages would cause the assessments to not be 87634
imposed uniformly.87635

       Sec. 5112.99.  (A) The director of job and family services 87636
shall impose a penalty for each day that a hospital fails to 87637
report the information required under section 5112.04 of the 87638
Revised Code on or before the dates specified in that section. The 87639
amount of the penalty shall be established by the director in 87640
rules adopted under section 5112.03 of the Revised Code.87641

       (B) In addition to any other remedy available to the 87642
department of job and family services under law to collect unpaid 87643
assessments and transfers under sections 5112.01 to 5112.21 of the 87644
Revised Code, the director shall impose a penalty of ten per cent 87645
of the amount due on any hospital that fails to pay assessments or 87646
make intergovernmental transfers by the dates required by rules 87647
adopted under section 5112.03 of the Revised Code.87648

       (C) In addition to any other remedy available to the 87649
department of job and family services under law to collect unpaid 87650
assessments imposed under section 5112.41 of the Revised Code, the 87651
director shall impose a penalty of ten per cent of the amount due 87652
on any hospital that fails to pay the assessment by the date it is 87653
due.87654

       (D) The director shall waive the penalties provided for in 87655
divisions (A) and (B) of this section for good cause shown by the 87656
hospital.87657

       (D)(E) All penalties imposed under this section shall be 87658
deposited into the health care administration fund created by 87659
section 5111.94 of the Revised Code.87660

       Sec. 5112.991.  The department of job and family services may 87661
offset the amount of a hospital's unpaid penalty imposed under 87662
section 5112.99 of the Revised Code from one or more payments due 87663
the hospital under the medicaid program. The total amount that may 87664
be offset from one or more payments shall not exceed the amount of 87665
the unpaid penalty.87666

       Sec. 5119.01.  The director of mental health is the chief 87667
executive and administrative officer of the department of mental 87668
health. The director may establish procedures for the governance 87669
of the department, conduct of its employees and officers, 87670
performance of its business, and custody, use, and preservation of 87671
departmental records, papers, books, documents, and property. 87672
Whenever the Revised Code imposes a duty upon or requires an 87673
action of the department or any of its institutions, the director 87674
shall perform the action or duty in the name of the department, 87675
except that the medical director appointed pursuant to section 87676
5119.07 of the Revised Code shall be responsible for decisions 87677
relating to medical diagnosis, treatment, rehabilitation, quality 87678
assurance, and the clinical aspects of the following: licensure of 87679
hospitals and residential facilities, research, community mental 87680
health plans, and delivery of mental health services.87681

       The director shall:87682

       (A) Adopt rules for the proper execution of the powers and 87683
duties of the department with respect to the institutions under 87684
its control, and require the performance of additional duties by 87685
the officers of the institutions as necessary to fully meet the 87686
requirements, intents, and purposes of this chapter. In case of an 87687
apparent conflict between the powers conferred upon any managing 87688
officer and those conferred by such sections upon the department, 87689
the presumption shall be conclusive in favor of the department.87690

       (B) Adopt rules for the nonpartisan management of the 87691
institutions under the department's control. An officer or 87692
employee of the department or any officer or employee of any 87693
institution under its control who, by solicitation or otherwise, 87694
exerts influence directly or indirectly to induce any other 87695
officer or employee of the department or any of its institutions 87696
to adopt the exerting officer's or employee's political views or 87697
to favor any particular person, issue, or candidate for office 87698
shall be removed from the exerting officer's or employee's office 87699
or position, by the department in case of an officer or employee, 87700
and by the governor in case of the director.87701

       (C) Appoint such employees, including the medical director, 87702
as are necessary for the efficient conduct of the department, and 87703
prescribe their titles and duties;87704

       (D) Prescribe the forms of affidavits, applications, medical 87705
certificates, orders of hospitalization and release, and all other 87706
forms, reports, and records that are required in the 87707
hospitalization or admission and release of all persons to the 87708
institutions under the control of the department, or are otherwise 87709
required under this chapter or Chapter 5122. of the Revised Code;87710

       (E) Contract with hospitals licensed by the department under 87711
section 5119.20 of the Revised Code for the care and treatment of 87712
mentally ill patients, or with persons, organizations, or agencies 87713
for the custody, evaluation, supervision, care, or treatment of 87714
mentally ill persons receiving services elsewhere than within the 87715
enclosure of a hospital operated under section 5119.02 of the 87716
Revised Code;87717

       (F) Exercise the powers and perform the duties relating to 87718
community mental health facilities and services that are assigned 87719
to the director under this chapter and Chapter 340. of the Revised 87720
Code;87721

       (G) Develop and implement clinical evaluation and monitoring 87722
of services that are operated by the department;87723

       (H) At the director's discretion, adopt rules establishing 87724
standards for the adequacy of services provided by community 87725
mental health facilities, and certify the compliance of such 87726
facilities with the standards for the purpose of authorizing their 87727
participation in the health care plans of health insuring 87728
corporations under Chapter 1751. and sickness and accident 87729
insurance policies issued under Chapter 3923. of the Revised Code. 87730
The director shall cease to certify such compliance two years 87731
after June 6, 2001. The director shall rescind the rules after the 87732
date the director ceases to certify such compliance.87733

       (I) Adopt rules establishing standards for the performance of 87734
evaluations by a forensic center or other psychiatric program or 87735
facility of the mental condition of defendants ordered by the 87736
court under section 2919.271, or 2945.371 of the Revised Code, and 87737
for the treatment of defendants who have been found incompetent to 87738
stand trial and ordered by the court under section 2945.38, 87739
2945.39, 2945.401, or 2945.402 of the Revised Code to receive 87740
treatment in facilities;87741

       (J)(I) On behalf of the department, have the authority and 87742
responsibility for entering into contracts and other agreements;87743

       (K)(J) Prepare and publish regularly a state mental health 87744
plan that describes the department's philosophy, current 87745
activities, and long-term and short-term goals and activities;87746

       (L)(K) Adopt rules in accordance with Chapter 119. of the 87747
Revised Code specifying the supplemental services that may be 87748
provided through a trust authorized by section 5815.28 of the 87749
Revised Code;87750

       (M)(L) Adopt rules in accordance with Chapter 119. of the 87751
Revised Code establishing standards for the maintenance and 87752
distribution to a beneficiary of assets of a trust authorized by 87753
section 5815.28 of the Revised Code.87754

       Sec. 5119.012.  The department of mental health has all the 87755
authority necessary to carry out its powers and duties under this 87756
chapter and Chapters 340., 2919., 2945., and 5122. of the Revised 87757
Code.87758

       Sec. 5119.013.  Pursuant to the director of mental health's 87759
authority under division (J) of section 5119.01 of the Revised 87760
Code, the director may contract with agencies, institutions, and 87761
other entities both public and private, as necessary for the 87762
department of mental health to carry out its duties under this 87763
chapter and Chapters 340., 2919., 2945., and 5122. of the Revised 87764
Code. Chapter 125. of the Revised Code does not apply to contracts 87765
the director enters into under this section.87766

       Sec. 5119.02.  (A) The department of mental health shall 87767
maintain, operate, manage, and govern state institutions for the 87768
care and treatment of mentally ill persons.87769

       (B) The department of mental health may designate all 87770
institutions under its jurisdiction by appropriate respective 87771
names, regardless of present statutory designation.87772

       (C) Subject to section 5139.08 and pursuant to Chapter 5122. 87773
of the Revised Code and on the agreement of the departments of 87774
mental health and youth services, the department of mental health 87775
may receive from the department of youth services for psychiatric 87776
observation, diagnosis, or treatment any person eighteen years of 87777
age or older in the custody of the department of youth services. 87778
The departments shall enter into a written agreement specifying 87779
the procedures necessary to implement this division.87780

       (D) The department of mental health shall provide and87781
designate hospitals, facilities, and community mental health 87782
agencies for the custody, care, and special treatment of, and 87783
authorize payment for such custody, care, and special treatment 87784
provided to, persons who are charged with a crime and who are 87785
found incompetent to stand trial or not guilty by reason of 87786
insanity.87787

       (E) The department of mental health may do all of the 87788
following:87789

       (1) Require reports from the managing officer of any 87790
institution under the department's jurisdiction, relating to the 87791
admission, examination, comprehensive evaluation, diagnosis, 87792
release, or discharge of any patient;87793

       (2) Visit each institution regularly to review its operations 87794
and to investigate complaints made by any patient or by any person 87795
on behalf of a patient, provided these duties may be performed by 87796
a person designated by the director.87797

       (F) The department of mental health shall divide the state 87798
into districts for the purpose of designating the institution in 87799
which mentally ill persons are hospitalized, and may change the 87800
districts.87801

       (G) In addition to the powers expressly conferred, the 87802
department of mental health shall have all powers and authority 87803
necessary for the full and efficient exercise of the executive, 87804
administrative, and fiscal supervision over the state institutions 87805
described in this section.87806

       (H) The department of mental health may provide for the 87807
custody, supervision, control, treatment, and training of mentally 87808
ill persons hospitalized elsewhere than within the enclosure of a 87809
hospital, if the department so determines with respect to any 87810
individual or group of individuals. In all such cases, the 87811
department shall ensure adequate and proper supervision for the 87812
protection of such persons and of the public.87813

       Sec. 5119.06. (A) The department of mental health shall:87814

       (1) Establish and(A) To the extent the department has 87815
available resources and in consultation with boards of alcohol, 87816
drug addiction, and mental health services, support a program at 87817
the state level to promote a community support system in 87818
accordance with section 340.03 of the Revised Code to be available 87819
for every alcohol, drug addiction, and mental health service 87820
districton a district or multi-district basis. The department 87821
shall define the essential elements of a community support system, 87822
shall assist in identifying resources, and coordinating the 87823
planning, evaluation, and delivery of services to facilitate the 87824
access of mentally ill people to public services at federal, 87825
state, and local levels, and shall operatemay prioritize support 87826
for one or more of the elements.87827

       (B) Operate inpatient and other mental health services 87828
pursuant to the approved community mental health plan.87829

       (2);87830

       (C) Provide training, consultation, and technical assistance 87831
regarding mental health programs and services and appropriate 87832
prevention and mental health promotion activities, including those 87833
that are culturally sensitive, to employees of the department, 87834
community mental health agencies and boards, and other agencies 87835
providing mental health services;87836

       (3) Promote(D) To the extent the department has available 87837
resources, promote and support a full range of mental health 87838
services that are available and accessible to all residents of 87839
this state, especially for severely mentally disabled children, 87840
adolescents, and adults, and other special target populations, 87841
including racial and ethnic minorities, as determined by the 87842
department.;87843

       (4)(E) Design and set criteria for the determination of 87844
severe mental disability;87845

       (5)(F) Establish standards for evaluation of mental health 87846
programs;87847

       (6)(G) Promote, direct, conduct, and coordinate scientific 87848
research, taking ethnic and racial differences into consideration,87849
concerning the causes and prevention of mental illness, methods of 87850
providing effective services and treatment, and means of enhancing 87851
the mental health of all residents of this state;87852

       (7)(H) Foster the establishment and availability of 87853
vocational rehabilitation services and the creation of employment 87854
opportunities for consumers of mental health services, including 87855
members of racial and ethnic minorities;87856

       (8)(I) Establish a program to protect and promote the rights 87857
of persons receiving mental health services, including the 87858
issuance of guidelines on informed consent and other rights;87859

       (9)(J) Establish, in consultation with board of alcohol, drug 87860
addiction, and mental health services representatives and after 87861
consideration of the recommendations of the medical director, 87862
guidelines for the development of community mental health plans 87863
and the review and approval or disapproval of such plans submitted 87864
pursuant to section 340.03 of the Revised Code;87865

       (10)(K) Promote the involvement of persons who are receiving 87866
or have received mental health services, including families and 87867
other persons having a close relationship to a person receiving 87868
mental health services, in the planning, evaluation, delivery, and 87869
operation of mental health services.;87870

       (11)(L) Notify and consult with the relevant constituencies 87871
that may be affected by rules, standards, and guidelines issued by 87872
the department of mental health. These constituencies shall 87873
include consumers of mental health services and their families, 87874
and may include public and private providers, employee 87875
organizations, and others when appropriate. Whenever the 87876
department proposes the adoption, amendment, or rescission of 87877
rules under Chapter 119. of the Revised Code, the notification and 87878
consultation required by this division shall occur prior to the 87879
commencement of proceedings under Chapter 119. The department 87880
shall adopt rules under Chapter 119. of the Revised Code that 87881
establish procedures for the notification and consultation 87882
required by this division.87883

       (12)(M) In cooperation with board of alcohol, drug addiction, 87884
and mental health services representatives, provide training 87885
regarding the provision of community-based mental health services 87886
to those department employees who are utilized in state-operated, 87887
community-based mental health services;87888

       (13)(N) Provide consultation to the department of 87889
rehabilitation and correction concerning the delivery of mental 87890
health services in state correctional institutions;.87891

       (B) The department of mental health may negotiate and enter 87892
into agreements with other agencies and institutions, both public 87893
and private, for the joint performance of its duties.87894

       Sec. 5119.16.  As used in this section, "free clinic" has the 87895
same meaning as in section 2305.2341 of the Revised Code.87896

       (A) The department of mental health may provide certain goods 87897
and services for the department of mental health, the department 87898
of developmental disabilities, the department of rehabilitation 87899
and correction, the department of youth services, and other state, 87900
county, or municipal agencies requesting such goods and services 87901
when the department of mental health determines that it is in the 87902
public interest, and considers it advisable, to provide these 87903
goods and services. The department of mental health also may 87904
provide goods and services to agencies operated by the United 87905
States government and to public or private nonprofit agencies, 87906
other than free clinics, that are funded in whole or in part by 87907
the state if the public or private nonprofit agencies are 87908
designated for participation in this program by the director of 87909
mental health for community mental health agencies, the director 87910
of developmental disabilities for community mental retardation and 87911
developmental disabilities agencies, the director of 87912
rehabilitation and correction for community rehabilitation and 87913
correction agencies, or the director of youth services for 87914
community youth services agencies. 87915

       Designated community agencies shall receive goods and 87916
services through the department of mental health only in those 87917
cases where the designating state agency certifies that providing 87918
such goods and services to the agency will conserve public 87919
resources to the benefit of the public and where the provision of 87920
such goods and services is considered feasible by the department 87921
of mental health.87922

       (B) The department of mental health may permit free clinics 87923
to purchase certain goods and services to the extent the purchases 87924
fall within the exemption to the Robinson-Patman Act, 15 U.S.C. 13 87925
et seq., applicable to nonprofit institutions, in 15 U.S.C. 13c, 87926
as amended.87927

       (C) The goods and services that may be provided by the 87928
department of mental health under divisions (A) and (B) of this 87929
section may include:87930

       (1) Procurement, storage, processing, and distribution of 87931
food and professional consultation on food operations;87932

       (2) Procurement, storage, and distribution of medical and 87933
laboratory supplies, dental supplies, medical records, forms, 87934
optical supplies, and sundries, subject to section 5120.135 of the 87935
Revised Code;87936

       (3) Procurement, storage, repackaging, distribution, and 87937
dispensing of drugs, the provision of professional pharmacy 87938
consultation, and drug information services;87939

       (4) Other goods and services.87940

       (D) The department of mental health may provide the goods and 87941
services designated in division (C) of this section to its 87942
institutions and to state-operated community-based mental health 87943
services.87944

       (E) After consultation with and advice from the director of 87945
developmental disabilities, the director of rehabilitation and 87946
correction, and the director of youth services, the department of 87947
mental health may provide the goods and services designated in 87948
division (C) of this section to the department of developmental 87949
disabilities, the department of rehabilitation and correction, and 87950
the department of youth services.87951

       (F) The cost of administration of this section shall be 87952
determined by the department of mental health and paid by the 87953
agencies or free clinics receiving the goods and services to the 87954
department for deposit in the state treasury to the credit of the 87955
mental health fund, which is hereby created. The fund shall be 87956
used to pay the cost of administration of this section to the 87957
department.87958

       (G) Whenever a state agency fails to make a payment for goods 87959
and services provided under this section within thirty-one days 87960
after the date the payment was due, the office of budget and 87961
management may transfer moneys from the state agency to the 87962
department of mental health. The amount transferred shall not 87963
exceed the amount of overdue payments. Prior to making a transfer 87964
under this division, the office of budget and management shall 87965
apply any credits the state agency has accumulated in payments for 87966
goods and services provided under this section.87967

       (H) PurchasesExcept as specified in section 125.024 of the 87968
Revised Code, purchases of goods and services under this section 87969
are not subject to section 307.86 of the Revised Code.87970

       Sec. 5119.18.  There is hereby created in the state treasury 87971
the department of mental health trust fund. Not later than the 87972
first day of September of each year, the director of mental health 87973
shall certify to the director of budget and management the amount 87974
of all of the unexpended, unencumbered balances of general revenue 87975
fund appropriations made to the department of mental health for 87976
the previous fiscal year, excluding funds appropriated for rental 87977
payments to the Ohio public facilities commission. On receipt of 87978
the certification, the director of budget and management shall 87979
transfer cash to the trust fund in an amount up to, but not 87980
exceeding, the total of the amounts certified by the director of 87981
mental health.87982

       In addition, the trust fund shall receive all amounts, 87983
subject to any provisions in bond documents, received from the 87984
sale or lease of lands and facilities by the department.87985

       All moneys in the trust fund shall be used by the department 87986
of mental health for mental health purposes specified in division 87987
(A) of section 5119.06 of the Revised Codeto pay for expenditures 87988
the department incurs in performing any of its duties under this 87989
chapter. The use of moneys in the trust fund pursuant to this 87990
section does not represent an ongoing commitment to the 87991
continuation of the trust fund or to the use of moneys in the 87992
trust fund.87993

       Sec. 5119.22.  (A)(1) As used in this section and sections 87994
5119.221 and 5119.222 of the Revised Code:87995

       (a) "Community mental health agency" means a community mental 87996
health agency as defined in division (H) of section 5122.01 of the 87997
Revised Code, or, until two years after the effective date of this 87998
amendment, a community mental health facility certified by the 87999
department of mental health pursuant to division (H) of section 88000
5119.01 of the Revised Code.88001

       (b) "Community mental health services" means any of the 88002
services listed in section 340.09 of the Revised Code.88003

       (c) "Personal care services" means services including, but 88004
not limited to, the following:88005

       (i) Assisting residents with activities of daily living;88006

       (ii) Assisting residents with self-administration of 88007
medication in accordance with rules adopted under this section;88008

       (iii) Preparing special diets, other than complex therapeutic 88009
diets, for residents pursuant to the instructions of a physician 88010
or a licensed dietitian, in accordance with rules adopted under 88011
this section.88012

       "Personal care services" does not include "skilled nursing 88013
care" as defined in section 3721.01 of the Revised Code. A 88014
facility need not provide more than one of the services listed in 88015
division (A)(1)(c) of this section to be considered to be 88016
providing personal care services.88017

       (d) "Residential facility" means a publicly or privately 88018
operated home or facility that provides one of the following:88019

       (i) Room and board, personal care services, and community 88020
mental health services to one or more persons with mental illness 88021
or persons with severe mental disabilities who are referred by or 88022
are receiving community mental health services from a community 88023
mental health agency, hospital, or practitioner;88024

       (ii) Room and board and personal care services to one or two 88025
persons with mental illness or persons with severe mental 88026
disabilities who are referred by or are receiving community mental 88027
health services from a community mental health agency, hospital, 88028
or practitioner;88029

       (iii) Room and board to five or more persons with mental 88030
illness or persons with severe mental disabilities who are 88031
referred by or are receiving community mental health services from 88032
a community mental health agency, hospital, or practitioner.88033

       The following are not residential facilities: the residence 88034
of a relative or guardian of a mentally ill individual, a hospital 88035
subject to licensure under section 5119.20 of the Revised Code, a 88036
residential facility as defined in section 5123.19 of the Revised 88037
Code, a facility providing care for a child in the custody of a 88038
public children services agency or a private agency certified 88039
under section 5103.03 of the Revised Code, a foster care facility 88040
subject to section 5103.03 of the Revised Code, an adult care 88041
facility subject to licensure under Chapter 3722.sections 5119.70 88042
to 5119.88 of the Revised Code, and a nursing home, residential 88043
care facility, or home for the aging subject to licensure under 88044
section 3721.02 of the Revised Code.88045

       (2) Nothing in division (A)(1)(d) of this section shall be 88046
construed to permit personal care services to be imposed on a 88047
resident who is capable of performing the activity in question 88048
without assistance.88049

       (3) Except in the case of a residential facility described in 88050
division (A)(1)(d)(i) of this section, members of the staff of a 88051
residential facility shall not administer medication to residents, 88052
all medication taken by residents of a residential facility shall 88053
be self-administered, and no person shall be admitted to or 88054
retained by a residential facility unless the person is capable of 88055
taking the person's own medication and biologicals, as determined 88056
in writing by the person's personal physician. Members of the 88057
staff of a residential facility may do any of the following:88058

       (a) Remind a resident when to take medication and watch to 88059
ensure that the resident follows the directions on the container;88060

       (b) Assist a resident in the self-administration of 88061
medication by taking the medication from the locked area where it 88062
is stored, in accordance with rules adopted pursuant to this 88063
section, and handing it to the resident. If the resident is 88064
physically unable to open the container, a staff member may open 88065
the container for the resident.88066

       (c) Assist a physically impaired but mentally alert resident, 88067
such as a resident with arthritis, cerebral palsy, or Parkinson's 88068
disease, in removing oral or topical medication from containers 88069
and in consuming or applying the medication, upon request by or 88070
with the consent of the resident. If a resident is physically 88071
unable to place a dose of medicine to the resident's mouth without 88072
spilling it, a staff member may place the dose in a container and 88073
place the container to the mouth of the resident.88074

       (B) Every person operating or desiring to operate a 88075
residential facility shall apply for licensure of the facility to 88076
the department of mental health and shall send a copy of the 88077
application to the board of alcohol, drug addiction, and mental 88078
health services whose service district includes the county in 88079
which the person operates or desires to operate a residential 88080
facility. The board shall review such applications and recommend 88081
approval or disapproval to the department. Each recommendation 88082
shall be consistent with the board's community mental health plan.88083

       (C) The department of mental health shall inspect and license 88084
the operation of residential facilities. The department shall 88085
consider the past record of the facility and the applicant or 88086
licensee in arriving at its licensure decision. The department may 88087
issue full, probationary, and interim licenses. A full license 88088
shall expire two years after the date of issuance, a probationary 88089
license shall expire in a shorter period of time as prescribed by 88090
rule adopted by the director of mental health pursuant to Chapter 88091
119. of the Revised Code, and an interim license shall expire 88092
ninety days after the date of issuance. The department may refuse 88093
to issue or renew and may revoke a license if it finds the 88094
facility is not in compliance with rules adopted by the department 88095
pursuant to division (G) of this section or if any facility 88096
operated by the applicant or licensee has had repeated violations 88097
of statutes or rules during the period of previous licenses. 88098
Proceedings initiated to deny applications for full or 88099
probationary licenses or to revoke such licenses are governed by 88100
Chapter 119. of the Revised Code.88101

       (D) The department may issue an interim license to operate a 88102
residential facility if both of the following conditions are met:88103

       (1) The department determines that the closing of or the need 88104
to remove residents from another residential facility has created 88105
an emergency situation requiring immediate removal of residents 88106
and an insufficient number of licensed beds are available.88107

       (2) The residential facility applying for an interim license 88108
meets standards established for interim licenses in rules adopted 88109
by the director under Chapter 119. of the Revised Code.88110

       An interim license shall be valid for ninety days and may be 88111
renewed by the director no more than twice. Proceedings initiated 88112
to deny applications for or to revoke interim licenses under this 88113
division are not subject to Chapter 119. of the Revised Code.88114

       (E) The department of mental health may conduct an inspection 88115
of a residential facility:88116

       (1) Prior to the issuance of a license to a prospective 88117
operator;88118

       (2) Prior to the renewal of any operator's license;88119

       (3) To determine whether a facility has completed a plan of 88120
correction required pursuant to this division and corrected 88121
deficiencies to the satisfaction of the department and in 88122
compliance with this section and rules adopted pursuant to it;88123

       (4) Upon complaint by any individual or agency;88124

       (5) At any time the director considers an inspection to be 88125
necessary in order to determine whether a residential facility is 88126
in compliance with this section and rules adopted pursuant to this 88127
section.88128

       In conducting inspections the department may conduct an 88129
on-site examination and evaluation of the residential facility, 88130
its personnel, activities, and services. The department shall have 88131
access to examine all records, accounts, and any other documents 88132
relating to the operation of the residential facility, and shall 88133
have access to the facility in order to conduct interviews with 88134
the operator, staff, and residents. Following each inspection and 88135
review, the department shall complete a report listing any 88136
deficiencies, and including, when appropriate, a time table within 88137
which the operator shall correct the deficiencies. The department 88138
may require the operator to submit a plan of correction describing 88139
how the deficiencies will be corrected.88140

       (F) No person shall do any of the following:88141

       (1) Operate a residential facility unless the facility holds 88142
a valid license;88143

       (2) Violate any of the conditions of licensure after having 88144
been granted a license;88145

       (3) Interfere with a state or local official's inspection or 88146
investigation of a residential facility;88147

       (4) Violate any of the provisions of this section or any 88148
rules adopted pursuant to this section.88149

       (G) The director shall adopt and may amend and rescind rules 88150
pursuant to Chapter 119. of the Revised Code, prescribing minimum 88151
standards for the health, safety, adequacy, and cultural 88152
specificity and sensitivity of treatment of and services for 88153
persons in residential facilities; establishing procedures for the 88154
issuance, renewal or revocation of the licenses of such 88155
facilities; establishing the maximum number of residents of a 88156
facility; establishing the rights of residents and procedures to 88157
protect such rights; and requiring an affiliation agreement 88158
approved by the board between a residential facility and a mental 88159
health agency. Such affiliation agreement must be consistent with 88160
the residential portion of the community mental health plan 88161
submitted pursuant to section 340.03 of the Revised Code.88162

       (H) The department may investigate any facility that has been 88163
reported to the department or that the department has reasonable 88164
cause to believe is operating as a residential facility without a 88165
valid license.88166

       (I) The department may withhold the source of any complaint 88167
reported as a violation of this act when the department determines 88168
that disclosure could be detrimental to the department's purposes 88169
or could jeopardize the investigation. The department may disclose 88170
the source of any complaint if the complainant agrees in writing 88171
to such disclosure and shall disclose the source upon order by a 88172
court of competent jurisdiction.88173

       (J) The director of mental health may petition the court of 88174
common pleas of the county in which a residential facility is 88175
located for an order enjoining any person from operating a 88176
residential facility without a license or from operating a 88177
licensed facility when, in the director's judgment, there is a 88178
real and present danger to the health or safety of any of the 88179
occupants of the facility. The court shall have jurisdiction to 88180
grant such injunctive relief upon a showing that the respondent 88181
named in the petition is operating a facility without a license or 88182
there is a real and present danger to the health or safety of any 88183
residents of the facility.88184

       (K) Whoever violates division (F) of this section or any rule 88185
adopted under this section is liable for a civil penalty of one 88186
hundred dollars for the first offense; for each subsequent 88187
offense, such violator is liable for a civil penalty of five 88188
hundred dollars. If the violator does not pay, the attorney 88189
general, upon the request of the director of mental health, shall 88190
bring a civil action to collect the penalty. Fines collected 88191
pursuant to this section shall be deposited into the state 88192
treasury to the credit of the mental health sale of goods and 88193
services fund.88194

       Sec. 5119.221.  (A) Upon petition by the director of mental 88195
health, the court of common pleas or the probate court may appoint 88196
a receiver to take possession of and operate a residential 88197
facility licensed pursuant to section 5119.22 of the Revised Code, 88198
when conditions existing at the residential facility present a 88199
substantial risk of physical or mental harm to residents and no 88200
other remedies at law are adequate to protect the health, safety, 88201
and welfare of the residents.88202

       Petitions filed pursuant to this section shall include:88203

       (1) A description of the specific conditions existing at the 88204
residential facility which present a substantial risk of physical 88205
or mental harm to residents;88206

       (2) A statement of the absence of other adequate remedies at 88207
law;88208

       (3) The number of individuals residing at the facility;88209

       (4) A statement that the facts have been brought to the 88210
attention of the owner or licensee and that conditions have not 88211
been remedied within a reasonable period of time or that the 88212
conditions, though remedied periodically, habitually exist at the 88213
residential facility as a pattern or practice; and88214

       (5) The name and address of the person holding the license 88215
for the residential facility.88216

       (B) A court in which a petition is filed pursuant to this 88217
section shall notify the person holding the license for the 88218
facility of the filing. The department shall send notice of the 88219
filing to the following, as appropriate: the legal rights service 88220
created pursuant toOhio protection and advocacy system as defined 88221
in section 5123.60 of the Revised Code; facility owner; facility 88222
operator; board of alcohol, drug addiction, and mental health 88223
services; board of health; department of developmental 88224
disabilities; department of job and family services; facility 88225
residents; and residents' families and guardians. The court shall 88226
provide a hearing on the petition within five court days of the 88227
time it was filed, except that the court may appoint a receiver 88228
prior to that time if it determines that the circumstances 88229
necessitate such action.88230

       Following a hearing on the petition, and upon a determination 88231
that the appointment of a receiver is warranted, the court shall 88232
appoint a receiver and notify the department of mental health and 88233
appropriate persons of this action.88234

       In setting forth the powers of the receiver, the court may 88235
generally authorize the receiver to do all that is prudent and 88236
necessary to safely and efficiently operate the residential 88237
facility within the requirements of state and federal law, but 88238
shall require the receiver to obtain court approval prior to 88239
making any single expenditure of more than five thousand dollars 88240
to correct deficiencies in the structure or furnishings of a 88241
facility. The court shall closely review the conduct of the 88242
receiver and shall require regular and detailed reports.88243

       (C) A receivership established pursuant to this section shall 88244
be terminated, following notification of the appropriate parties 88245
and a hearing, if the court determines either of the following:88246

       (1) The residential facility has been closed and the former 88247
residents have been relocated to an appropriate facility;88248

       (2) Circumstances no longer exist at the residential facility 88249
which present a substantial risk of physical or mental harm to 88250
residents, and there is no deficiency in the residential facility 88251
that is likely to create a future risk of harm.88252

       Notwithstanding division (C)(2) of this section, the court 88253
shall not terminate a receivership for a residential facility that 88254
has previously operated under another receivership unless the 88255
responsibility for the operation of the facility is transferred to 88256
an operator approved by the court and the department of mental 88257
health.88258

       (D) Except for the department of mental health or appropriate 88259
board of alcohol, drug addiction, and mental health services, no 88260
party or person interested in an action shall be appointed a 88261
receiver pursuant to this section.88262

       To assist the court in identifying persons qualified to be 88263
named as receivers, the director of the department of mental 88264
health shall maintain a list of the names of such persons. The 88265
department of mental health, the department of job and family 88266
services, and the department of health shall provide technical 88267
assistance to any receiver appointed pursuant to this section.88268

       Before entering upon the duties of receiver, the receiver 88269
must be sworn to perform the duties faithfully, and, with surety 88270
approved by the court, judge, or clerk, execute a bond to such 88271
person, and in such sum as the court or judge directs, to the 88272
effect that such receiver will faithfully discharge the duties of 88273
receiver in the action, and obey the orders of the court therein.88274

       (1) Under the control of the appointing court, a receiver may 88275
do the following:88276

       (a) Bring and defend actions in the appointee's name as 88277
receiver;88278

       (b) Take and keep possession of property.88279

       (2) The court shall authorize the receiver to do the 88280
following:88281

       (a) Collect payment for all goods and services provided to 88282
the residents or others during the period of the receivership at 88283
the same rate as was charged by the licensee at the time the 88284
petition for receivership was filed, unless a different rate is 88285
set by the court;88286

       (b) Honor all leases, mortgages, and secured transactions 88287
governing all buildings, goods, and fixtures of which the receiver 88288
has taken possession, but, in the case of a rental agreement only 88289
to the extent of payments that are for the use of the property 88290
during the period of the receivership, or, in the case of a 88291
purchase agreement, only to the extent that payments come due 88292
during the period of the receivership;88293

       (c) If transfer of residents is necessary, provide for the 88294
orderly transfer of residents by:88295

       (i) Cooperating with all appropriate state and local agencies 88296
in carrying out the transfer of residents to alternative community 88297
placements;88298

       (ii) Providing for the transportation of residents' 88299
belongings and records;88300

       (iii) Helping to locate alternative placements and develop 88301
plans for transfer;88302

       (iv) Encouraging residents or guardians to participate in 88303
transfer planning except when an emergency exists and immediate 88304
transfer is necessary.88305

       (d) Make periodic reports on the status of the residential 88306
facility to the court; the appropriate state agencies; and the 88307
board of alcohol, drug addiction, and mental health services. Each 88308
report shall be made available to residents, their guardians, and 88309
families.88310

       (e) Compromise demands or claims; and88311

       (f) Generally do such acts respecting the residential 88312
facility as the court authorizes.88313

       Notwithstanding any other provision of law, contracts which 88314
are necessary to carry out the powers and duties of the receiver 88315
need not be competitively bid.88316

       Sec. 5119.222.  No rule adopted under section 5119.22 of the 88317
Revised Code regarding documentation that residential facilities 88318
must submit to the department of mental health or a board of 88319
alcohol, drug addiction, and mental health services shall be more 88320
stringent than a comparable documentation submission requirement 88321
that applies to residential facilities and is established by a 88322
federal regulation promulgated by the United States department of 88323
health and human services.88324

       Sec. 5119.61.  Any provision in this chapter that refers to a 88325
board of alcohol, drug addiction, and mental health services also 88326
refers to the community mental health board in an alcohol, drug 88327
addiction, and mental health service district that has a community 88328
mental health board.88329

       The director of mental health with respect to all facilities 88330
and programs established and operated under Chapter 340. of the 88331
Revised Code for mentally ill and emotionally disturbed persons, 88332
shall do all of the following:88333

       (A) Adopt rules pursuant to Chapter 119. of the Revised Code 88334
that may be necessary to carry out the purposes of Chapter 340. 88335
and sections 5119.61 to 5119.63 of the Revised Code.88336

       (1) The rules shall include all of the following:88337

       (a) Rules governing a community mental health agency's 88338
services under section 340.091 of the Revised Code to an 88339
individual referred to the agency under division (C)(2) of section88340
173.355119.69 of the Revised Code;88341

       (b) For the purpose of division (A)(16) of section 340.03 of 88342
the Revised Code, rules governing the duties of mental health 88343
agencies and boards of alcohol, drug addiction, and mental health 88344
services under section 3722.185119.88 of the Revised Code 88345
regarding referrals of individuals with mental illness or severe 88346
mental disability to adult care facilities and effective 88347
arrangements for ongoing mental health services for the 88348
individuals. The rules shall do at least the following:88349

       (i) Provide for agencies and boards to participate fully in 88350
the procedures owners and managers of adult care facilities must 88351
follow under division (A) of section 3722.185119.88 of the 88352
Revised Code;88353

       (ii) Specify the manner in which boards are accountable for 88354
ensuring that ongoing mental health services are effectively 88355
arranged for individuals with mental illness or severe mental 88356
disability who are referred by the board or mental health agency 88357
under contract with the board to an adult care facility.88358

       (c) Rules governing a board of alcohol, drug addiction, and 88359
mental health services when making a report to the director of 88360
health under section 3722.175119.87 of the Revised Code regarding 88361
the quality of care and services provided by an adult care 88362
facility to a person with mental illness or a severe mental 88363
disability.88364

       (2) Rules may be adopted to govern the method of paying a 88365
community mental health facility, as defined in section 5111.023 88366
of the Revised Code, for providing services listed in division (B) 88367
of that section. Such rules must be consistent with the contract 88368
entered into between the departments of job and family services 88369
and mental health under section 5111.91 of the Revised Code and 88370
include requirements ensuring appropriate service utilization.88371

       (B) Review and evaluate, and, taking into account the 88372
findings and recommendations of the board of alcohol, drug 88373
addiction, and mental health services of the district served by 88374
the program and the requirements and priorities of the state 88375
mental health plan, including the needs of residents of the 88376
district now residing in state mental institutions, approve and 88377
allocate funds to support community programs, and make 88378
recommendations for needed improvements to boards of alcohol, drug 88379
addiction, and mental health services;88380

       (C) Withhold state and federal funds for any program, in 88381
whole or in part, from a board of alcohol, drug addiction, and 88382
mental health services in the event of failure of that program to 88383
comply with Chapter 340. or section 5119.61, 5119.611, 5119.612, 88384
or 5119.62 of the Revised Code or rules of the department of 88385
mental health. The director shall identify the areas of 88386
noncompliance and the action necessary to achieve compliance. The 88387
director shall offer technical assistance to the board to achieve 88388
compliance. The director shall give the board a reasonable time 88389
within which to comply or to present its position that it is in 88390
compliance. Before withholding funds, a hearing shall be conducted 88391
to determine if there are continuing violations and that either 88392
assistance is rejected or the board is unable to achieve 88393
compliance. Subsequent to the hearing process, if it is determined 88394
that compliance has not been achieved, the director may allocate 88395
all or part of the withheld funds to a public or private agency to 88396
provide the services not in compliance until the time that there 88397
is compliance. The director shall establish rules pursuant to 88398
Chapter 119. of the Revised Code to implement this division.88399

       (D) Withhold state or federal funds from a board of alcohol, 88400
drug addiction, and mental health services that denies available 88401
service on the basis of religion, race, color, creed, sex, 88402
national origin, age, disability as defined in section 4112.01 of 88403
the Revised Code, developmental disability, or the inability to 88404
pay;88405

       (E) Provide consultative services to community mental health 88406
agencies with the knowledge and cooperation of the board of 88407
alcohol, drug addiction, and mental health services;88408

       (F) Provide(D) At the director's discretion, provide to 88409
boards of alcohol, drug addiction, and mental health services 88410
state or federal funds, in addition to those allocated under 88411
section 5119.62 of the Revised Code, for special programs or 88412
projects the director considers necessary but for which local 88413
funds are not available;88414

       (G)(E) Establish criteria by which a board of alcohol, drug 88415
addiction, and mental health services reviews and evaluates the 88416
quality, effectiveness, and efficiency of services provided 88417
through its community mental health plan. The criteria shall 88418
include requirements ensuring appropriate service utilization. The 88419
department shall assess a board's evaluation of services and the 88420
compliance of each board with this section, Chapter 340. or 88421
section 5119.62 of the Revised Code, and other state or federal 88422
law and regulations. The department, in cooperation with the 88423
board, periodically shall review and evaluate the quality, 88424
effectiveness, and efficiency of services provided through each 88425
board. The department shall collect information that is necessary 88426
to perform these functions.88427

       (H) Develop(F) To the extent the director determines 88428
necessary and after consulting with boards of alcohol, drug 88429
addiction, and mental health services, develop and operate, or 88430
contract for the operation of, a community mental health 88431
information system or systems.88432

       Boards of alcohol, drug abuse, and mental health services 88433
shall submit information requested by the department in the form 88434
and manner prescribed by the department. Information collected by 88435
the department shall include, but not be limited to, all of the 88436
following:88437

       (1) Information regarding units of services provided in whole 88438
or in part under contract with a board, including diagnosis and 88439
special needs, demographic information, the number of units of 88440
service provided, past treatment, financial status, and service 88441
dates in accordance with rules adopted by the department in 88442
accordance with Chapter 119. of the Revised Code;88443

       (2) Financial information other than price or price-related 88444
data regarding expenditures of boards and community mental health 88445
agencies, including units of service provided, budgeted and actual 88446
expenses by type, and sources of funds.88447

       Boards shall submit the information specified in division88448
(H)(F)(1) of this section no less frequently than annually for 88449
each client, and each time the client's case is opened or closed. 88450
The department shall not collect any personal information from the 88451
boards except as required or permitted by state or federal law for 88452
purposes related to payment, health care operations, program and 88453
service evaluation, reporting activities, research, system 88454
administration, and oversight.88455

       (I)(G) Review each board's community mental health plan 88456
submitted pursuant to section 340.03 of the Revised Code and 88457
approve or disapprove it in whole or in part. Periodically, in 88458
consultation with representatives of boards and after considering 88459
the recommendations of the medical director, the director shall 88460
issue criteria for determining when a plan is complete, criteria 88461
for plan approval or disapproval, and provisions for conditional 88462
approval. The factors that the director considers may include, but 88463
are not limited to, the following:88464

       (1) The mental health needs of all persons residing within 88465
the board's service district, especially severely mentally 88466
disabled children, adolescents, and adults;88467

       (2) The demonstrated quality, effectiveness, efficiency, and 88468
cultural relevance of the services provided in each service 88469
district, the extent to which any services are duplicative of 88470
other available services, and whether the services meet the needs 88471
identified above;88472

       (3) The adequacy of the board's accounting for the 88473
expenditure of funds.88474

       If the director disapproves all or part of any plan, the 88475
director shall provide the board an opportunity to present its 88476
position. The director shall inform the board of the reasons for 88477
the disapproval and of the criteria that must be met before the 88478
plan may be approved. The director shall give the board a 88479
reasonable time within which to meet the criteria, and shall offer 88480
technical assistance to the board to help it meet the criteria.88481

       If the approval of a plan remains in dispute thirty days 88482
prior to the conclusion of the fiscal year in which the board's 88483
current plan is scheduled to expire, the board or the director may 88484
request that the dispute be submitted to a mutually agreed upon 88485
third-party mediator with the cost to be shared by the board and 88486
the department. The mediator shall issue to the board and the 88487
department recommendations for resolution of the dispute. Prior to 88488
the conclusion of the fiscal year in which the current plan is 88489
scheduled to expire, theThe director, taking into consideration 88490
the recommendations of the mediator, shall make a final 88491
determination and approve or disapprove the plan, in whole or in 88492
part.88493

       Sec. 5119.611. (A) A community mental health agency that 88494
seeks certification of its community mental health services shall 88495
submit an application to the director of mental health. On receipt 88496
of the application, the director may visit and shall evaluate the 88497
agency to determine whether its services satisfy the standards 88498
established by rules adopted under division (C) of this section. 88499
The director shall make the evaluation, and, if the director 88500
visits the agency, shall make the visit, in cooperation with the 88501
board of alcohol, drug addiction, and mental health services with 88502
which the agency seeks to contract under division (A)(8)(a) of 88503
section 340.03 of the Revised Code.88504

        If(B)(1) Subject to division (B)(2) of this section, the 88505
director shall determine whether the services of an applicant's 88506
community mental health agency satisfy the standards for 88507
certification of the services. 88508

       If the director determines that a community mental health 88509
agency's services satisfy the standards for certification and the 88510
agency has paid the fee required under division (B)(D) of this 88511
section, the director shall certify the services.88512

       If(2) If an applicant submits to the director evidence of 88513
holding national accreditation from the joint commission, the 88514
council on accreditation of rehabilitation facilities, or the 88515
council on accreditation, the director shall accept that 88516
accreditation as evidence of the applicant satisfying the 88517
standards for certification of the community mental health 88518
agency's services. The director shall certify or recertify the 88519
agency's services without any further evaluation of the services.88520

       (C) If the director determines that a community mental health 88521
agency's services do not satisfy the standards for certification, 88522
the director shall identify the areas of noncompliance, specify 88523
what action is necessary to satisfy the standards, and offer 88524
technical assistance to the board of alcohol, drug addiction, and 88525
mental health services so that the board may assist the agency in 88526
satisfying the standards. The director shall give the agency a 88527
reasonable time within which to demonstrate that its services 88528
satisfy the standards or to bring the services into compliance 88529
with the standards. If the director concludes that the services 88530
continue to fail to satisfy the standards, the director may 88531
request that the board reallocate the funds for the community 88532
mental health services the agency was to provide to another 88533
community mental health agency whose community mental health 88534
services satisfy the standards. If the board does not reallocate 88535
those funds in a reasonable period of time, the director may 88536
withhold state and federal funds for the community mental health 88537
services and allocate those funds directly to a community mental 88538
health agency whose community mental health services satisfy the 88539
standards.88540

       (B)(D) Each community mental health agency seeking 88541
certification of its community mental health services under this 88542
section shall pay a fee for the certification review required by 88543
this section. Fees shall be paid into the sale of goods and 88544
services fund created pursuant to section 5119.161 of the Revised 88545
Code.88546

       (C)(E) The director shall adopt rules in accordance with 88547
Chapter 119. of the Revised Code to implement this section. The 88548
rules shall do all of the following:88549

       (1) Establish certification standards for community mental 88550
health services, including assertive community treatment and 88551
intensive home-based mental health services, that are consistent 88552
with nationally recognized applicable standards and facilitate 88553
participation in federal assistance programs. The rules shall 88554
include as certification standards only requirements that improve 88555
the quality of services or the health and safety of clients of 88556
community mental health services. The standards shall address at a 88557
minimum all of the following:88558

       (a) Reporting major unusual incidents to the director;88559

       (b) Procedures for applicants for and clients of community 88560
mental health services to file grievances and complaints;88561

       (c) Seclusion;88562

       (d) Restraint;88563

       (e) Development of written policies addressing the rights of 88564
clients, including all of the following:88565

       (i) The right to a copy of the written policies addressing 88566
client rights;88567

       (ii) The right at all times to be treated with consideration 88568
and respect for the client's privacy and dignity;88569

       (iii) The right to have access to the client's own 88570
psychiatric, medical, or other treatment records unless access is 88571
specifically restricted in the client's treatment plan for clear 88572
treatment reasons;88573

       (iv) The right to have a client rights officer provided by 88574
the agency or board of alcohol, drug addiction, and mental health 88575
services advise the client of the client's rights, including the 88576
client's rights under Chapter 5122. of the Revised Code if the 88577
client is committed to the agency or board.88578

       (2) Establish standards for qualifications of mental health 88579
professionals as defined in section 340.02 of the Revised Code and 88580
personnel who provide the community mental health services;88581

       (3) Establish the process for certification of community 88582
mental health services;88583

       (4) Set the amount of certification review fees based on a 88584
portion of the cost of performing the review;88585

       (5) Specify the type of notice and hearing to be provided 88586
prior to a decision on whether to reallocate funds.88587

       Sec. 5119.612.  No rule adopted under section 5119.611 of the 88588
Revised Code regarding documentation that community mental health 88589
agencies must submit to the department of mental health or a board 88590
of alcohol, drug addiction, and mental health services shall be 88591
more stringent than a comparable documentation submission 88592
requirement that applies to community mental health agencies and 88593
is established by a federal regulation promulgated by the United 88594
States department of health and human services.88595

       Sec. 5119.612.        Sec. 5119.613. The director of mental health shall 88596
require that each board of alcohol, drug addiction, and mental 88597
health services ensure that each community mental health agency 88598
with which it contracts under division (A)(8)(a) of section 340.03 88599
of the Revised Code to provide community mental health services 88600
establish grievance procedures consistent with rules adopted under 88601
section 5119.611 of the Revised Code that are available to all 88602
applicants for and clients of the community mental health 88603
services.88604

       Sec. 5119.613.        Sec. 5119.614. For purposes of Chapter 3722.88605
sections 5119.70 to 5119.88 of the Revised Code, the director of 88606
mental health shall approve a standardized form to be used in all 88607
areas of this state by adult care facilities and boards of 88608
alcohol, drug addiction, and mental health services when entering 88609
into mental health resident program participation agreements. As 88610
part of approving the form, the director shall specify the 88611
requirements that adult care facilities must meet in order to be 88612
authorized to admit residents who are receiving or are eligible 88613
for publicly funded mental health services.88614

       Sec. 5119.62.  (A) Upon approving the plan submitted pursuant 88615
to section 340.03 of the Revised Code, the directorThe department88616
of mental health shall authorize the payment of fundsestablish a 88617
methodology for allocating to a boardboards of alcohol, drug 88618
addiction, and mental health services fromthe funds appropriated 88619
for such purpose by the general assembly to the department for the 88620
purpose of local mental health systems of care. The director88621
department shall release all or part of suchestablish the 88622
methodology after notifying and consulting with relevant 88623
constituencies as required by division (L) of section 5119.06 of 88624
the Revised Code. The methodology may provide for the funds to be 88625
allocated to boards on a district or multi-district basis. Subject 88626
to sections 5119.622 and 5119.623 of the Revised Code, the 88627
department shall allocate the funds as isto the boards in a 88628
manner consistent with the methodology, this section, other state 88629
and federal laws, rules, and regulations, and the approved plan.88630

       (B)(1) The director, in consultation with relevant 88631
constituencies as required by division (A)(11) of section 5119.06 88632
of the Revised Code, shall establish a formula for allocating to 88633
boards of alcohol, drug addiction, and mental health services 88634
appropriations from the general revenue fund for the purpose of 88635
local management of mental health services as this purpose is 88636
identified in appropriations to the department of mental health in 88637
appropriation acts. The formula shall include as a factor the 88638
number of severely mentally disabled persons residing in each 88639
alcohol, drug addiction, and mental health service district and 88640
may include other factors, including, but not limited to, the 88641
historical utilization of public hospitals by persons in each 88642
service district. The appropriations shall be allocated to each 88643
board in accordance with the formula but shall be distributed only 88644
to those boards that elect the option provided under division 88645
(B)(3)(a) of this section.88646

       (2) The director shall allocate each fiscal year to boards of 88647
alcohol, drug addiction, and mental health services for services 88648
to severely mentally disabled persons a percentage of the 88649
appropriations to the department from the general revenue fund for 88650
the purposes of hospital personal services, hospital maintenance, 88651
and hospital equipment as those purposes are identified in 88652
appropriations to the department in appropriation acts. After 88653
excluding funds for providing services to persons committed to the 88654
department pursuant to section 2945.38, 2945.39, 2945.40, 88655
2945.401, 2945.402, or 5139.08 of the Revised Code, the percentage 88656
of those appropriations so allocated each year shall equal ten per 88657
cent in fiscal year 1990, twenty per cent in fiscal year 1991, 88658
forty per cent in fiscal year 1992, sixty per cent in fiscal year 88659
1993, eighty per cent in fiscal year 1994, and one hundred per 88660
cent in fiscal year 1995 and thereafter. The amounts so allocated 88661
shall be transferred from the appropriations for the purposes of 88662
hospital personal services, hospital maintenance, and hospital 88663
equipment and credited to appropriations for the purpose of local 88664
management of mental health services. Appropriations for the 88665
purpose of local management of mental health services may be used 88666
by the department and by the boardsThe department may allocate to 88667
boards a portion of the funds appropriated by the general assembly 88668
to the department for the operation of state hospital services. If 88669
the department allocates the funds, the department shall do all of 88670
the following:88671

       (1) In consultation with the boards:88672

       (a) Annually determine the unit costs of providing state 88673
hospital services; and88674

       (b) Establish the methodology for allocating the funds to the 88675
boards.88676

       (2) Determine the type of unit costs of providing state 88677
hospital services to be included as a factor in the methodology 88678
and include that unit cost as a factor in the methodology;88679

       (3) Subject to sections 5119.622 and 5119.623 of the Revised 88680
Code, allocate the funds to the boards in a manner consistent with 88681
the methodology, this section, other state and federal laws, 88682
rules, and regulations.88683

       (3) No(c) Not later than the first day of April of each year, 88684
the department of mental health shall notify each board of 88685
alcohol, drug addiction, and mental health services of the 88686
department's estimate of the amount of general revenue funds to be 88687
allocated to the board under division (D) of this section during 88688
the fiscal year beginning on the next July first. NoIf the 88689
department makes an allocation under division (B) of this section, 88690
the department shall also notify each board of the unit costs of 88691
providing state hospital services for the upcoming fiscal year as 88692
determined under that division. Not later than the first day of 88693
May of each year, each board shall notify the directordepartment88694
as to which of the following options it has elected for thatthe 88695
upcoming fiscal year:88696

       (a)(1) The board elects to accept distribution of the amount 88697
allocated to it under division (B)(1) of this section. Any board 88698
that makes such an election shall agree to make payments into the 88699
risk fund established in division (E) of this section, to make any 88700
payments for utilization of state hospitals that are required 88701
under division (E)(3) of this section, to use the funds 88702
distributed to it within the limitations set forth in division 88703
(B)(2) of this section, and to provide the department with a 88704
statement of projected utilization of state hospitals and other 88705
state-operated services by residents of its service district 88706
during the fiscal year.88707

       The department shall retain and expend the funds projected to 88708
be utilized for state hospitals and other state-operated services88709
section. Funds distributed to each board shall be used to 88710
supplement and not to supplant other state, local, or federal 88711
funds that are being used to support community-based programs for 88712
severely mentally disabled children, adolescents, and adults, 88713
unless the funds have been specifically designated for the 88714
initiation of programs in accordance with the community mental 88715
health plan developed and submitted under section 340.03 and 88716
approved under section 5119.61 of the Revised Code. 88717
Notwithstanding section 131.33 of the Revised Code, any board may 88718
expend unexpended funds distributed to the board from 88719
appropriations for the purpose of local management of mental 88720
health services in the fiscal year following the fiscal year in88721
for which the appropriations are made, in accordance with the88722
approved community mental health plan.88723

       (b) The(2) Subject to division (D) of this section, the88724
board elects not to accept the amount allocated to it under 88725
division (B)(1) of this section, authorizes the department to 88726
determine the use of its allocation, and agrees to provide the 88727
department with a statement of projected utilization of state 88728
hospitals and other state-operated services by residents of its 88729
service district during the fiscal year.88730

       (4) Beginning with the notification required to be made by 88731
May 1, 1995, under division (B)(3) of this section, no(D) No88732
board of alcohol, drug addiction, and mental health services shall 88733
elect the option in division (B)(3)(b)(C)(2) of this section 88734
unless oneall of the following appliesapply:88735

       (a) The(1) Either the total general revenue funds estimated 88736
by the department to be allocated to the board under this section88737
for the next fiscal year isare reduced by a substantial amount, 88738
as defined in guidelines adopted by the director of mental health88739
under division (B)(4)(E) of this section, in comparison to the 88740
amount allocated for the current fiscal year, for reasons not 88741
related to performance;88742

       (b) The amount of estimated general revenue funds to be 88743
allocated to the board is not reduced by a substantial amount but88744
or the board has experienced other circumstances specified in the 88745
guidelines adopted by the director under division (B)(4) of this 88746
section.88747

       The director shall consult with boards of alcohol, drug 88748
addiction, and mental health services and other relevant 88749
constituencies to develop guidelines for determining what 88750
constitutes a substantial reduction of general revenue funds for 88751
the purpose of electing the option under division (B)(3)(b) of 88752
this section, and what other circumstances qualify a board to 88753
elect that option.88754

       Beginning with the notification required to be made by May 1, 88755
1995, under division (B)(3) of this section, no board shall notify 88756
the director that it elects the option under division (B)(3)(b) of 88757
this section unless it has conducted(2) The board provides the 88758
department written confirmation that the board has received input 88759
about the impact that the board's election will have on the mental 88760
health system in the board's district from all of the following:88761

       (a) Individuals who receive mental health services and such 88762
individuals' families;88763

       (b) Boards of county commissioners;88764

       (c) Judges of juvenile and probate courts;88765

       (d) County sheriffs, jail administrators, and other local law 88766
enforcement officials.88767

       (3) Not later than seven days before notifying the department 88768
of its election and after providing the department the written 88769
confirmation required by division (D)(2) of this section, the 88770
board conducts a public hearing on the issue no later than seven 88771
days before making the notification.88772

       (C) Boards of alcohol, drug addiction, and mental health 88773
services and community mental health agencies(E) For the purpose 88774
of division (D)(1) of this section, the director of mental health 88775
shall consult with the boards and other relevant constituencies to 88776
develop guidelines for determining what constitutes a substantial 88777
reduction of funds and what other circumstances qualify a board to 88778
elect the option in division (C)(2) of this section.88779

       (F) No board shall not use state funds for the purpose of 88780
influencing employees with respect to unionization. As used in 88781
this division, "influencing" means discouraging employees from 88782
seeking collective bargaining representation or encouraging 88783
employees to decertify a recognized collective bargaining agent.88784

       (D) The director shall develop, and review at least annually, 88785
a methodology, including the formula developed under division 88786
(B)(1) of this section, for distributing and allocating funds to 88787
boards. The methodology shall be consistent with state and federal 88788
law and regulations. A portion of the funds shall be distributed 88789
based on the ratio of the population of the district served by the 88790
board to the total population of the state as determined from the 88791
federal census or the most recent estimates produced by the United 88792
States census bureau's federal state cooperative program for 88793
population program-series P-26 or the population estimates and 88794
projections program-series P-25, whichever is most recent.88795

       (E)(1) There is hereby created in the state treasury the 88796
department of mental health risk fund, which shall receive 88797
payments from boards that have elected the option provided in 88798
division (B)(3)(a) of this section. All investment earnings of the 88799
fund shall be credited to the fund. Moneys in the fund shall be 88800
used for the following purposes:88801

       (a) To assist boards that elect the option provided in 88802
division (B)(3)(a) of this section and that serve service 88803
districts in which the costs of utilization of state hospitals by 88804
residents in a fiscal year exceed the amount allocated to the 88805
district under the formula developed under division (B)(1) of this 88806
section. The department shall define such costs by unit and 88807
establish them annually after consultation with representatives of 88808
such boards.88809

       (b) To make payments to boards that elect the option provided 88810
in division (B)(3)(a) of this section and that experience 88811
conditions of financial hardship, as determined by the director.88812

       The director of mental health, in consultation with 88813
representatives of the boards, shall develop guidelines for the 88814
use of moneys in the risk fund.88815

       (2) On or before the first day of April of each year, the 88816
department shall specify the percentage of the amount of money 88817
allocated under division (B)(1) of this section for distribution 88818
to boards subject to division (E) of this section that each such 88819
board is to transmit to the director of mental health for deposit 88820
in the risk fund for the following fiscal year. On or before the 88821
first day of August of each year, each such board shall transmit 88822
to the director for deposit to the credit of the risk fund the 88823
amount obtained by multiplying that percentage by the amount 88824
allocated for distribution to such boards.88825

       (3) Whenever the costs of utilization of state hospitals by 88826
residents in a district served by a board subject to division (E) 88827
of this section exceed the amount allocated to the district under 88828
the formula, responsibility for payment of the excess costs shall 88829
be borne by the board of that district and the risk fund as 88830
follows:88831

       (a) The board and the risk fund each are responsible for 88832
payment of one-half of any costs that exceed one hundred per cent 88833
of the amount allocated under the formula but do not exceed one 88834
hundred five per cent of that amount.88835

       (b) The board is responsible for payment of one-fourth, and 88836
the risk fund responsible for three-fourths, of any costs that 88837
exceed one hundred five per cent of the amount allocated under the 88838
formula but do not exceed one hundred ten per cent of that amount.88839

       (c) The risk fund is responsible for payment of any costs 88840
that exceed one hundred ten per cent of the amount allocated under 88841
the formula but do not exceed one hundred fifteen per cent of that 88842
amount.88843

       (d) The board is responsible for payment of all costs that 88844
exceed one hundred fifteen per cent of the amount allocated under 88845
the formula.88846

       (F)(G) The department shall charge against the allocation 88847
made to a board under division (B)(1) of this section, if any, any 88848
unreimbursed costs for services provided by the department. This 88849
requirement is not affected by any election a board makes under 88850
division (B)(3) of this section.88851

       (H) A board's use of funds allocated under this section is 88852
subject to audit by county, state, and federal authorities.88853

       Sec. 5119.621.  (A) As used in this section, "administrative 88854
function" means a function related to one or more of the 88855
following:88856

       (1) Continuous quality improvement;88857

       (2) Utilization review;88858

       (3) Resource development;88859

       (4) Fiscal administration;88860

       (5) General administration;88861

       (6) Any other function related to administration that is 88862
required by Chapter 340. of the Revised Code.88863

       (B) Each board of alcohol, drug addiction, and mental health 88864
services shall submit an annual report to the department of mental 88865
health specifying how the board used state and federal funds 88866
allocated to the board, according to the formula the director of 88867
mental health establishes under section 5119.62 of the Revised 88868
Code, for administrative functions in the year preceding the 88869
report's submission. The director of mental health shall establish 88870
the date by which the report must be submitted each year.88871

       Sec. 5119.622.  The director of mental health, in whole or in 88872
part, may withhold funds otherwise to be allocated to a board of 88873
alcohol, drug addiction, and mental health services under section 88874
5119.62 of the Revised Code if the board fails to comply with 88875
Chapter 340. or section 5119.61, 5119.611, 5119.612, or 5119.621 88876
of the Revised Code or rules of the department of mental health 88877
regarding a community mental health service. The director shall 88878
identify the areas of noncompliance and the action necessary to 88879
achieve compliance. The director shall offer technical assistance 88880
to the board to achieve compliance. The director shall give the 88881
board a reasonable time within which to comply or to present its 88882
position that it is in compliance. Before withholding funds, a 88883
hearing shall be conducted to determine if there are continuing 88884
violations and that either assistance is rejected or the board is 88885
unable to achieve compliance. Subsequent to the hearing process, 88886
if it is determined that compliance has not been achieved, the 88887
director may allocate all or part of the withheld funds to a 88888
public or private agency to provide the community mental health 88889
service for which the board is not in compliance until the time 88890
that there is compliance. The director shall adopt rules in 88891
accordance with Chapter 119. of the Revised Code to implement this 88892
section.88893

       Sec. 5119.623.  The director of mental health may withhold 88894
funds otherwise to be allocated to a board of alcohol, drug 88895
addiction, and mental health services under section 5119.62 of the 88896
Revised Code if the board denies available service on the basis of 88897
religion, race, color, creed, sex, national origin, age, 88898
disability as defined in section 4112.01 of the Revised Code, or 88899
developmental disability.88900

       Sec. 173.35.        Sec. 5119.69.  (A) As used in this section, "PASSPORT 88901
administrative agency" means an entity under contract with the 88902
department of aging to provide administrative services regarding 88903
the PASSPORT program created under section 173.40 of the Revised 88904
Code.88905

       (B) The department of agingmental health shall administer88906
implement the residential state supplement program under which the 88907
state supplements the supplemental security income payments 88908
received by aged, blind, or disabled adults under Title XVI of the 88909
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A., as 88910
amended. Residential state supplement payments shall be used for 88911
the provision of accommodations, supervision, and personal care 88912
services to supplemental security income recipients who the 88913
department determines are at risk of needing institutional care.88914

       (B) In implementing the program, the department shall 88915
designate one or more entities to be responsible for providing 88916
administrative services regarding the program. The department may 88917
designate an entity to be a residential state supplement 88918
administrative agency under this division either by entering into 88919
a contract with the entity to serve in that capacity or by 88920
otherwise delegating to the entity the responsibility to serve in 88921
that capacity.88922

       (C) For an individual to be eligible for residential state 88923
supplement payments, all of the following must be the case:88924

       (1) Except as provided by division (G) of this section, the 88925
individual must reside in one of the following:88926

       (a) An adult foster home certified under section 173.3688927
5119.692 of the Revised Code;88928

       (b) A home or facility, other than a nursing home or nursing 88929
home unit of a home for the aging, licensed by the department of 88930
health under Chapter 3721. or 3722. of the Revised Code and 88931
certified in accordance with standards established by the director 88932
of aging under division (D)(2) of this sectionor the department 88933
of mental health under sections 5119.70 to 5119.88 of the Revised 88934
Code;88935

       (c) A residential facility as defined in division 88936
(A)(1)(d)(ii) of section 5119.22 of the Revised Code licensed by 88937
the department of mental health and certified in accordance with 88938
standards established by the director of aging under division 88939
(D)(2) of this section;88940

       (d) An apartment or room used to provide community mental 88941
health housing services certified by the department of mental 88942
health under section 5119.611 of the Revised Code and approved by 88943
a board of alcohol, drug addiction, and mental health services 88944
under division (A)(14) of section 340.03 of the Revised Code and 88945
certified in accordance with standards established by the director 88946
of aging under division (D)(2) of this section.88947

       (2) Effective July 1, 2000, a PASSPORTA residential state 88948
supplement administrative agency must have determined that the 88949
environment in which the individual will be living while receiving 88950
the payments is appropriate for the individual's needs. If the 88951
individual is eligible for supplemental security income payments 88952
or social security disability insurance benefits because of a 88953
mental disability, the PASSPORTresidential state supplement88954
administrative agency shall refer the individual to a community 88955
mental health agency for the community mental health agency to 88956
issue in accordance with section 340.091 of the Revised Code a 88957
recommendation on whether the PASSPORTresidential state 88958
supplement administrative agency should determine that the 88959
environment in which the individual will be living while receiving 88960
the payments is appropriate for the individual's needs. Division 88961
(C)(2) of this section does not apply to an individual receiving 88962
residential state supplement payments on June 30, 2000, until the 88963
individual's first eligibility redetermination after that date.88964

       (3) The individual satisfies all eligibility requirements 88965
established by rules adopted under division (D) of this section.88966

       (D)(1) The directors of agingmental health and job and 88967
family services shall adopt rules in accordance with section 88968
111.15 of the Revised Code as necessary to implement the 88969
residential state supplement program.88970

       To the extent permitted by Title XVI of the "Social Security 88971
Act," and any other provision of federal law, the director of job 88972
and family services shallmay adopt rules establishing standards 88973
for adjusting the eligibility requirements concerning the level of 88974
impairment a person must have so that the amount appropriated for 88975
the program by the general assembly is adequate for the number of 88976
eligible individuals. The rules shall not limit the eligibility of 88977
disabled persons solely on a basis classifying disabilities as 88978
physical or mental. The director of job and family services also88979
shallmay adopt rules that establish eligibility standards for 88980
aged, blind, or disabled individuals who reside in one of the 88981
homes or facilities specified in division (C)(1) of this section 88982
but who, because of their income, do not receive supplemental 88983
security income payments. The rules may provide that these 88984
individuals may include individuals who receive other types of 88985
benefits, including, social security disability insurance benefits 88986
provided under Title II of the "Social Security Act," 49 Stat. 620 88987
(1935), 42 U.S.C.A. 401, as amended. Notwithstanding division88988
(B)(A) of this section, such payments may be made if funds are 88989
available for them.88990

       The director of aging shallmental health may adopt rules 88991
establishing the method to be used to determine the amount an 88992
eligible individual will receive under the program. The amount the 88993
general assembly appropriates for the program shallmay be a 88994
factor included in the method that departmentdirector88995
establishes. 88996

       (2) The director of aging shall adopt rules in accordance 88997
with Chapter 119. of the Revised Code establishing standards for 88998
certification of living facilities described in division (C)(1) of 88999
this section.89000

       The directors of aging and mental health shall enter into an 89001
agreement to certify facilities that apply for certification and 89002
meet the standards established by the director of aging under this 89003
division.89004

       (E) The county department of job and family services of the 89005
county in which an applicant for the residential state supplement 89006
program resides shall determine whether the applicant meets income 89007
and resource requirements for the program.89008

       (F) The department of agingmental health shall maintain a 89009
waiting list of any individuals eligible for payments under this 89010
section but not receiving them because moneys appropriated to the 89011
department for the purposes of this section are insufficient to 89012
make payments to all eligible individuals. An individual may apply 89013
to be placed on the waiting list even though the individual does 89014
not reside in one of the homes or facilities specified in division 89015
(C)(1) of this section at the time of application. The director of 89016
agingmental health, by rules adopted in accordance with Chapter 89017
119. of the Revised Code, shallmay specify procedures and 89018
requirements for placing an individual on the waiting list and 89019
priorities for the order in which individuals placed on the 89020
waiting list are to begin to receive residential state supplement 89021
payments. The rules specifying priorities may give priority to 89022
individuals placed on the waiting list on or after July 1, 2006, 89023
who receive supplemental security income benefits under Title XVI 89024
of the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C. 89025
1381, as amended. The rules shall not affect the place on the 89026
waiting list of any person who was on the list on July 1, 2006. 89027
The rules specifying priorities may also set additional priorities 89028
based on living arrangement, such as whether an individual resides 89029
in a facility listed in division (C)(1) of this section or has 89030
been admitted to a nursing facility.89031

       (G) An individual in a licensed or certified living 89032
arrangement receiving state supplementation on November 15, 1990, 89033
under former section 5101.531 of the Revised Code shall not become 89034
ineligible for payments under this section solely by reason of the 89035
individual's living arrangement as long as the individual remains 89036
in the living arrangement in which the individual resided on 89037
November 15, 1990.89038

       (H) The department of agingmental health shall notify each 89039
person denied approval for payments under this section of the 89040
person's right to a hearing. On request, the hearing shall be 89041
provided by the department of job and family services in 89042
accordance with section 5101.35Chapter 119. of the Revised Code.89043

       Sec. 173.351.        Sec. 5119.691.  (A) As used in this section:89044

       "Area agency on aging" has the same meaning as in section 89045
173.14 of the Revised Code.89046

       "Long-term care consultation program" means the program the 89047
department of aging is required to develop under section 173.42 of 89048
the Revised Code.89049

       "Long-term care consultation program administrator" or 89050
"administrator" means the department of aging or, if the 89051
department contracts with an area agency on aging or other entity 89052
to administer the long-term care consultation program for a 89053
particular area, that agency or entity.89054

       "Nursing facility" has the same meaning as in section 5111.20 89055
of the Revised Code.89056

       "Residential state supplement administrative agency" means an 89057
entity designated as such by the department of mental health under 89058
section 5119.69 of the Revised Code.89059

       "Residential state supplement program" means the program 89060
administered pursuant to section 173.355119.69 of the Revised 89061
Code.89062

       (B) Each month, each area agency on agingOn a periodic 89063
schedule determined by the department of mental health, each 89064
residential state supplement administrative agency shall determine 89065
whether individuals who reside in the area that the area agency on 89066
aging serves and are on a waiting list for the residential state 89067
supplement program have been admitted to a nursing facility. If an 89068
areaa residential state supplement administrative agency on aging89069
determines that such an individual has been admitted to a nursing 89070
facility, the agency shall notify the long-term care consultation 89071
program administrator serving the area in which the individual 89072
resides about the determination. The administrator shall determine 89073
whether the residential state supplement program is appropriate 89074
for the individual and whether the individual would rather 89075
participate in the program than continue residing in the nursing 89076
facility. If the administrator determines that the residential 89077
state supplement program is appropriate for the individual and the 89078
individual would rather participate in the program than continue 89079
residing in the nursing facility, the administrator shall so 89080
notify the department of agingmental health. On receipt of the 89081
notice from the administrator, the department of agingmental 89082
health shall approve the individual's enrollment in the 89083
residential state supplement program in accordance with the 89084
priorities specified in rules adopted under division (F) of 89085
section 173.355119.69 of the Revised Code. Each quarter, the 89086
department of agingmental health shall certify to the director of 89087
budget and management the estimated increase in costs of the 89088
residential state supplement program resulting from enrollment of 89089
individuals in the program pursuant to this section.89090

       (C) Not later than the last day of each calendar year, the 89091
director of aging shall submit to the general assembly a report 89092
regarding the number of individuals enrolled in the residential 89093
state supplement program pursuant to this section and the costs 89094
incurred and savings achieved as a result of the enrollments.89095

       Sec. 173.36.        Sec. 5119.692.  As used in this section, "adult foster 89096
home" means a residence, other than a residence certified or89097
residential facility licensed by the department of mental health89098
under section 5119.22 of the Revised Code, in which accommodations 89099
and personal care services, as defined in section 3722.015119.7089100
of the Revised Code, are provided to one or two adults who are 89101
unrelated to the owners of the residence.89102

       The department of agingmental health shall adopt rules in 89103
accordance with Chapter 119. of the Revised Code establishing 89104
standards for the certification of adult foster homes. The 89105
department or its designee shall certify adult foster homes that 89106
apply for certification and meet the standards established by the 89107
department.89108

       Sec. 3722.01.        Sec. 5119.70.  (A) As used in this chaptersections 89109
5119.70 to 5119.88:89110

       (1) "Owner" means the person who owns the business of and who 89111
ultimately controls the operation of an adult care facility and to 89112
whom the manager, if different from the owner, is responsible.89113

       (2) "Manager" means the person responsible for the daily 89114
operation of an adult care facility. The manager and the owner of 89115
a facility may be the same person.89116

       (3) "Adult" means an individual eighteen years of age or 89117
older.89118

       (4) "Unrelated" means that an adult resident is not related 89119
to the owner or manager of an adult care facility or to the 89120
owner's or manager's spouse as a parent, grandparent, child, 89121
stepchild, grandchild, brother, sister, niece, nephew, aunt, or 89122
uncle, or as the child of an aunt or uncle.89123

       (5) "Skilled nursing care" means skilled nursing care as 89124
defined in section 3721.01 of the Revised Code.89125

       (6)(a) "Personal care services" means services including, but 89126
not limited to, the following:89127

       (i) Assistance with activities of daily living;89128

       (ii) Assistance with self-administration of medication, in 89129
accordance with rules adopted by the public health council 89130
pursuant to this chapterunder section 5119.79 of the Revised 89131
Code;89132

       (iii) Preparation of special diets, other than complex 89133
therapeutic diets, for residents pursuant to the instructions of a 89134
physician or a licensed dietitian, in accordance with rules 89135
adopted by the public health council pursuant to this chapter89136
under section 5119.79 of the Revised Code.89137

       (b) "Personal care services" does not include "skilled 89138
nursing care" as defined in section 3721.01 of the Revised Code. A 89139
facility need not provide more than one of the services listed in 89140
division (A)(6)(a) of this section for the facility to be 89141
considered to be providing personal care services.89142

       (7) "Adult family home" means a residence or facility that 89143
provides accommodations and supervision to three to five unrelated 89144
adults, at least three of whom require personal care services.89145

       (8) "Adult group home" means a residence or facility that 89146
provides accommodations and supervision to six to sixteen 89147
unrelated adults, at least three of whom require personal care 89148
services.89149

       (9) "Adult care facility" means an adult family home or an 89150
adult group home. For the purposes of this chaptersections 89151
5119.70 to 5119.88 of the Revised Code, any residence, facility, 89152
institution, hotel, congregate housing project, or similar 89153
facility that provides accommodations and supervision to three to 89154
sixteen unrelated adults, at least three of whom require personal 89155
care services, is an adult care facility regardless of how the 89156
facility holds itself out to the public. "Adult care facility" 89157
does not include:89158

       (a) A facility operated by a hospice care program licensed 89159
under section 3712.04 of the Revised Code that is used exclusively 89160
for care of hospice patients;89161

       (b) A nursing home, residential care facility, or home for 89162
the aging as defined in section 3721.01 of the Revised Code;89163

       (c) An alcohol and drug addiction program as defined in 89164
section 3793.01 of the Revised Code;89165

       (d) A residential facility for the mentally ill licensed by 89166
the department of mental health under section 5119.22 of the 89167
Revised Code;89168

       (e) A facility licensed to provide methadone treatment under 89169
section 3793.11 of the Revised Code;89170

       (f) A residential facility licensed under section 5123.19 of 89171
the Revised Code or otherwise regulated by the department of 89172
developmental disabilities;89173

       (g) Any residence, institution, hotel, congregate housing 89174
project, or similar facility that provides personal care services 89175
to fewer than three residents or that provides, for any number of 89176
residents, only housing, housekeeping, laundry, meal preparation, 89177
social or recreational activities, maintenance, security, 89178
transportation, and similar services that are not personal care 89179
services or skilled nursing care;89180

       (h) Any facility that receives funding for operating costs 89181
from the department of development under any program established 89182
to provide emergency shelter housing or transitional housing for 89183
the homeless;89184

       (i) A terminal care facility for the homeless that has 89185
entered into an agreement with a hospice care program under 89186
section 3712.07 of the Revised Code;89187

       (j) A facility approved by the veterans administration under 89188
section 104(a) of the "Veterans Health Care Amendments of 1983," 89189
97 Stat. 993, 38 U.S.C.A. 630, as amended, and used exclusively 89190
for the placement and care of veterans.89191

       (10) "Residents' rights advocate" means:89192

       (a) An employee or representative of any state or local 89193
government entity that has a responsibility for residents of adult 89194
care facilities and has registered with the department of health 89195
under section 3701.07 of the Revised Code;89196

       (b) An employee or representative, other than a manager or 89197
employee of an adult care facility or nursing home, of any private 89198
nonprofit corporation or association that qualifies for tax-exempt 89199
status under section 501(a) of the "Internal Revenue Code of 89200
1986," 100 Stat. 2085, 26 U.S.C.A. 501(a), as amended, that has 89201
registered with the department of health under section 3701.07 of 89202
the Revised Code, and whose purposes include educating and 89203
counseling residents, assisting residents in resolving problems 89204
and complaints concerning their care and treatment, and assisting 89205
them in securing adequate services.89206

       (11) "Sponsor" means an adult relative, friend, or guardian 89207
of a resident of an adult care facility who has an interest in or 89208
responsibility for the resident's welfare.89209

       (12)(11) "Ombudsperson" means a "representative of the office 89210
of the state long-term care ombudsperson program" as defined in 89211
section 173.14 of the Revised Code.89212

       (13)(12) "Mental health agency" means a community mental 89213
health agency, as defined in section 5119.22340.01 of the Revised 89214
Code, under contract with an ADAMHS board pursuant to division 89215
(A)(8)(a) of section 340.03 of the Revised Code.89216

       (14)(13) "ADAMHS board" means a board of alcohol, drug 89217
addiction, and mental health services;89218

       (15)(14) "Mental health resident program participation 89219
agreement" means a written agreement between an adult care 89220
facility and the ADAMHS board serving the alcohol, drug addiction, 89221
and mental health service district in which the facility is 89222
located, under which the facility is authorized to admit residents 89223
who are receiving or are eligible for publicly funded mental 89224
health services.89225

       (16)(15) "PASSPORTRSS administrative agency" means an entity 89226
under contract with the department of aging to providethat 89227
provides administrative services regarding the PASSPORT89228
residential state supplement program created under section 173.40 89229
of the Revised Codeon behalf of the department of mental health, 89230
either by having entered into a contract with the department to 89231
serve in that capacity or by having the department otherwise 89232
delegate to it the responsibility to serve in that capacity.89233

       (B) For purposes of this chaptersections 5119.70 to 5119.88 89234
of the Revised Code, personal care services or skilled nursing 89235
care shall be considered to be provided by a facility if they are 89236
provided by a person employed by or associated with the facility 89237
or by another person pursuant to an agreement to which neither the 89238
resident who receives the services nor the resident's sponsor is a 89239
party.89240

       (C) Nothing in division (A)(6) of this section shall be 89241
construed to permit personal care services to be imposed upon a 89242
resident who is capable of performing the activity in question 89243
without assistance.89244

       Sec. 3722.011.        Sec. 5119.701. (A) All medication taken by residents 89245
of an adult care facility shall be self-administered, except that 89246
medication may be administered to a resident as part of the 89247
skilled nursing care provided in accordance with division (B) of 89248
section 3722.165119.86 of the Revised Code. No person shall be 89249
admitted to or retained by an adult care facility unless the 89250
person is capable of self-administering the person's medication, 89251
as determined in writing by a physician, except that a person may 89252
be admitted to or retained by such a facility if the person's 89253
medication is administered as part of the skilled nursing care 89254
provided in accordance with division (B) of section 3722.1689255
5119.86 of the Revised Code. 89256

       (B) Members of the staff of an adult care facility shall not 89257
administer medication to residents but may do any of the 89258
following:89259

        Remind a resident when to take medication and watch to ensure 89260
that the resident follows the directions on the container;89261

        Assist a resident in the self-administration of medication by 89262
taking the medication from the locked area where it is stored, in 89263
accordance with rules adopted by the public health council 89264
pursuant to this chapterunder section 5119.79 of the Revised 89265
Code, and handing it to the resident. If the resident is 89266
physically unable to open the container, a staff member may open 89267
the container for the resident.89268

        Assist a physically impaired but mentally alert resident, 89269
such as a resident with arthritis, cerebral palsy, or Parkinson's 89270
disease, in removing oral or topical medication from containers 89271
and in consuming or applying the medication, upon request by or 89272
with the consent of the resident. If a resident is physically 89273
unable to place a dose of medicine to the resident's mouth without 89274
spilling it, a staff member may place the dose in a container and 89275
place the container to the mouth of the resident.89276

       Sec. 3722.02.        Sec. 5119.71.  A person seeking a license to operate 89277
an adult care facility shall submit to the director of mental89278
health an application on a form prescribed by the director and the 89279
following:89280

       (A) In the case of an adult group home seeking licensure as 89281
an adult care facility, evidence that the home has been inspected 89282
and approved by a local certified building department or by the 89283
division of labor in the department of commerce as meeting the 89284
applicable requirements of sections 3781.06 to 3781.18 and 3791.04 89285
of the Revised Code and any rules adopted under those sections and 89286
evidence that the home has been inspected by the state fire 89287
marshal or fire prevention officer of a municipal, township, or 89288
other legally constituted fire department approved by the state 89289
fire marshal and found to be in compliance with rules adopted 89290
under section 3737.83 of the Revised Code regarding fire 89291
prevention and safety in adult group homes;89292

       (B) Valid approvals of the facility's water and sewage 89293
systems issued by the responsible governmental entity, if 89294
applicable;89295

       (C) A statement of ownership containing the following 89296
information:89297

       (1) If the owner is an individual, the owner's name, address, 89298
telephone number, business address, business telephone number, and 89299
occupation. If the owner is an association, corporation, or 89300
partnership, the business activity, address, and telephone number 89301
of the entity and the name of every person who has an ownership 89302
interest of five per cent or more in the entity.89303

       (2) If the owner does not own the building or if the owner 89304
owns only part of the building in which the facility is housed, 89305
the name of each person who has an ownership interest of five per 89306
cent or more in the building;89307

       (3) The address of any adult care facility and any facility 89308
described in divisions (A)(9)(a) to (j) of section 3722.015119.7089309
of the Revised Code in which the owner has an ownership interest 89310
of five per cent or more;89311

       (4) The identity of the manager of the adult care facility, 89312
if different from the owner;89313

       (5) The name and address of any adult care facility and any 89314
facility described in divisions (A)(9)(a) to (j) of section89315
3722.015119.70 of the Revised Code with which either the owner or 89316
manager has been affiliated through ownership or employment in the 89317
five years prior to the date of the application;89318

       (6) The names and addresses of three persons not employed by 89319
or associated in business with the owner who will provide 89320
information about the character, reputation, and competence of the 89321
owner and the manager and the financial responsibility of the 89322
owner;89323

       (7) Information about any arrest of the owner or manager for, 89324
or adjudication or conviction of, a criminal offense related to 89325
the provision of care in an adult care facility or any facility 89326
described in divisions (A)(9)(a) to (j) of section 3722.015119.7089327
of the Revised Code or the ability to operate a facility;89328

       (8) Any other information the director may require regarding 89329
the owner's ability to operate the facility.89330

       (D) If the facility is an adult group home, a balance sheet 89331
showing the assets and liabilities of the owner and a statement 89332
projecting revenues and expenses for the first twelve months of 89333
the facility's operation;89334

       (E) A statement containing the following information 89335
regarding admissions to the facility:89336

       (1) The intended bed capacity of the facility;89337

        (2) If the facility will admit persons referred by or 89338
receiving services from an ADAMHS board or a mental health agency, 89339
the total number of beds anticipated to be occupied as a result of 89340
those admissions. 89341

       (F) A nonrefundable license application fee in an amount 89342
established in rules adopted by the public health council pursuant 89343
to this chapterunder section 5119.79 of the Revised Code.89344

       Sec. 3722.021.        Sec. 5119.711.  In determining the number of 89345
residents in a facility for the purpose of licensure under this 89346
chapteras an adult care facility, the director of mental health 89347
shall consider all the individuals for whom the facility provides 89348
accommodations as one group unless either of the following is the 89349
case:89350

       (A) In addition to being an adult care facility, the facility 89351
is a nursing home licensed under Chapter 3721. of the Revised 89352
Code, a residential facility licensed under that chapter, or both. 89353
In that case, all the individuals in the part or unit licensed as 89354
a nursing home, residential care facility, or both, shall be 89355
considered as one group and all the individuals in the part or 89356
unit licensed as an adult care facility shall be considered as 89357
another group.89358

       (B) The facility maintains, in addition to an adult care 89359
facility, a separate and discrete part or unit that provides 89360
accommodations to individuals who do not receive supervision or 89361
personal care services from the adult care facility, in which case 89362
the individuals in the separate and discrete part or unit shall 89363
not be considered in determining the number of residents in the 89364
adult care facility if the separate and discrete part or unit is 89365
in compliance with the Ohio basic building code established by the 89366
board of building standards under Chapters 3781. and 3791. of the 89367
Revised Code and the adult care facility, to the extent of its 89368
authority, permits the director, on request, to inspect the 89369
separate and discrete part or unit and speak with the individuals 89370
residing there, if they consent, to determine whether the separate 89371
and discrete part or unit meets the requirements of this division.89372

       Sec. 3722.022.        Sec. 5119.712. A person may not apply for a license 89373
to operate an adult care facility if the person is or has been the 89374
owner or manager of an adult care facility for which a license to 89375
operate was revoked or for which renewal of a license was refused 89376
for any reason other than nonpayment of the license renewal fee, 89377
unless both of the following conditions are met:89378

       (A) A period of not less than two years has elapsed since the 89379
date the director of mental health issued the order revoking or 89380
refusing to renew the facility's license.89381

       (B) The director's revocation or refusal to renew the license 89382
was not based on an act or omission at the facility that violated 89383
a resident's right to be free from abuse, neglect, or 89384
exploitation.89385

       Sec. 3722.03.        Sec. 5119.72.  (A) Any person may operate an adult 89386
family home licensed as an adult care facility as a permitted use 89387
in any residential district or zone, including any single-family 89388
residential district or zone of any political subdivision. Such 89389
adult family homes may be required to comply with area, height, 89390
yard, and architectural compatibility requirements that are 89391
uniformly imposed upon all single-family residences within the 89392
district or zone.89393

       (B) Any person may operate an adult group home licensed as an 89394
adult care facility as a permitted use in any multiple-family 89395
residential district or zone of any political subdivision, except 89396
that a political subdivision that has enacted a zoning ordinance 89397
or resolution establishing planned-unit development districts as 89398
defined in section 519.021 of the Revised Code may exclude adult 89399
group homes from such districts, and a political subdivision that 89400
has enacted a zoning ordinance or resolution may regulate adult 89401
group homes in multiple-family residential districts or zones as a 89402
conditionally permitted use or special exception, in either case, 89403
under reasonable and specific standards and conditions set out in 89404
the zoning ordinance or resolution to:89405

       (1) Require the architectural design and site layout of the 89406
home and the location, nature, and height of any walls, screens, 89407
and fences to be compatible with adjoining land uses and the 89408
residential character of the neighborhood;89409

       (2) Require compliance with yard, parking, and sign 89410
regulation.89411

       (C) This section does not affect any right of a political 89412
subdivision to permit a person to operate an adult group home 89413
licensed under this chapter in a single-family residential 89414
district or zone under conditions established by the political 89415
subdivision.89416

       (D)(1) Notwithstanding divisions (A) and (B) of this section 89417
and except as otherwise provided in division (D)(2) of this 89418
section, a political subdivision that has enacted a zoning 89419
ordinance or resolution may limit the excessive concentration of 89420
adult family homes and adult group homes required to be licensed 89421
as adult care facilities.89422

       (2) Nothing in division (D)(1) of this section authorizes a 89423
political subdivision to prevent or limit the continued existence 89424
and operation of adult family homes and adult group homes existing 89425
and operating on the effective date of this section and required 89426
to be licensed as adult care facilities. A political subdivision 89427
may consider the existence of such homes for the purpose of 89428
limiting the excessive concentration of adult family homes or 89429
adult group homes required to be licensed as adult care facilities 89430
that are not existing and operating on the effective date of this 89431
section.89432

       Sec. 3722.04.        Sec. 5119.73.  (A) The director of mental health 89433
shall inspect, license, and regulate adult care facilities. Except 89434
as otherwise provided in division (D) of this section, the 89435
director shall issue a license to an adult care facility that 89436
meets the requirements of section 3722.025119.71 of the Revised 89437
Code and that the director determines to be in substantial 89438
compliance with the rules adopted by the public health council89439
pursuant to this chaptersections 5119.70 to 5119.88 of the 89440
Revised Code. The director shall consider the past record of the 89441
owner and manager and any individuals who are principal 89442
participants in an entity that is the owner or manager in 89443
operating facilities providing care to adults. The director may, 89444
in accordance with Chapter 119. of the Revised Code, deny a 89445
license if the past record indicates that the owner or manager is 89446
not suitable to own or manage an adult care facility.89447

       The license shall contain the name and address of the 89448
facility for which it was issued, the date of expiration of the 89449
license, and the maximum number of residents that may be 89450
accommodated by the facility. A license for an adult care facility 89451
shall be valid for a period of two years after the date of 89452
issuance. No single facility may be licensed to operate as more 89453
than one adult care facility.89454

       (B) The director shall renew a license for a two-year period 89455
if the facility continues to be in compliance with the 89456
requirements of this chapter and in substantial compliance with 89457
the rules adopted under this chapterpursuant to sections 5119.70 89458
to 5119.88 of the Revised Code. The owner shall submit a 89459
nonrefundable license renewal application fee in an amount 89460
established in rules adopted by the public health council pursuant 89461
to this chapterunder section 5119.79 of the Revised Code. Before 89462
the license of an adult group home is renewed, if any alterations 89463
have been made to the buildings, a certificate of occupancy for 89464
the facility shall have been issued by the division of labor in 89465
the department of commerce or a local certified building 89466
department. The facility shall have water and sewage system 89467
approvals, if required by law, and, in the case of an adult group 89468
home, documentation of continued compliance with the rules adopted 89469
by the state fire marshal under division (F) of section 3737.83 of 89470
the Revised Code.89471

       (C)(1) During each licensure period, the director shall make 89472
at least one unannounced inspection of an adult care facility in 89473
addition to inspecting the facility to determine whether a license 89474
should be issued or renewed, and may make additional unannounced 89475
inspections as the director considers necessary. Other inspections 89476
may be made at any time that the director considers appropriate. 89477
Inspections may be conducted as desk audits or on-site 89478
inspections.89479

       The director shall take all reasonable actions to avoid 89480
giving notice of an inspection by the manner in which the 89481
inspection is scheduled or performed. 89482

       If an inspection is conducted to investigate an alleged 89483
violation of the requirements of this chaptersections 5119.70 to 89484
5119.88 of the Revised Code in a facility with residents referred 89485
by or receiving services from a mental health agency or ADAMHS 89486
board or a facility with residents receiving assistance under the 89487
residential state supplement program administered by the 89488
department of agingmental health pursuant to section 173.3589489
5119.69 of the Revised Code, the director shallmay coordinate the 89490
inspection with the appropriate mental health agency, ADAMHS 89491
board, or PASSPORTresidential state supplement administrative 89492
agency designated under section 5119.69 of the Revised Code. As 89493
the director considers appropriate, theThe director shallmay89494
conduct the inspection jointly with the mental health agency, 89495
ADAMHS board, or PASSPORTresidential state supplement89496
administrative agency.89497

       Not later than sixty days after the date of an inspection of 89498
a facility, the director shall send a report of the inspection to 89499
the regional long-term care ombudsperson in whose region89500
representing the program in the area in which the facility is 89501
located. 89502

       (2) The state fire marshal or fire prevention officer of a 89503
municipal, township, or other legally constituted fire department 89504
approved by the state fire marshal shall inspect an adult group 89505
home seeking a license or renewal under this chapter as an adult 89506
care facility prior to issuance of a license or renewal, at least 89507
once annually thereafter, and at any other time at the request of 89508
the director, to determine compliance with the rules adopted under 89509
division (F) of section 3737.83 of the Revised Code.89510

       (D) The director may waive any of the licensing requirements 89511
established by rule adopted by the public health council pursuant 89512
to this chaptersections 5119.70 to 5119.88 of the Revised Code89513
upon written request of the facility. The director may grant a 89514
waiver if the director determines that the strict application of 89515
the licensing requirement would cause undue hardship to the 89516
facility and that granting the waiver would not jeopardize the 89517
health or safety of any resident. The director may provide a 89518
facility with an informal hearing concerning the denial of a 89519
waiver request, but the facility shall not be entitled to a 89520
hearing under Chapter 119. of the Revised Code unless the director 89521
takes an action that requires a hearing to be held under section 89522
3722.055119.74 of the Revised Code.89523

       (E)(1) Not later than thirty days after each of the 89524
following, the owner of an adult care facility shall submit an 89525
inspection fee of twenty dollars for each bed for which the 89526
facility is licensed:89527

       (a) Issuance or renewal of a license;89528

       (b) The unannounced inspection required by division (C)(1) of 89529
this section that is in addition to the inspection conducted to 89530
determine whether a license should be issued or renewed;89531

       (c) If, during an inspection conducted in addition to the two 89532
inspections required by division (C)(1) of this section, the 89533
facility was found to be in violation of this chaptersections 89534
5119.70 to 5119.88 of the Revised Code or the rules adopted under 89535
itthose sections, receipt by the facility of the report of that 89536
investigation. 89537

       (2) The director may revoke the license of any adult care 89538
facility that fails to submit the fee within the thirty-day 89539
period. 89540

       (3) All inspection fees received by the director, all civil 89541
penalties assessed under section 3722.085119.77 of the Revised 89542
Code, all fines imposed under section 3722.995119.99 of the 89543
Revised Code, and all license application and renewal application 89544
fees received under division (F) of section 3722.025119.71 of the 89545
Revised Code or under division (B) of this section shall be 89546
deposited into the general operations fund created in section 89547
3701.83 of the Revised Code and shall be used only to pay the 89548
costs of administering and enforcing the requirements of this 89549
chaptersections 5119.70 to 5119.88 of the Revised Code and rules 89550
adopted under itthose sections.89551

       (F)(1) An owner shall inform the director in writing of any 89552
changes in the information contained in the statement of ownership 89553
made pursuant to division (C) of section 3722.025119.71 of the 89554
Revised Code or in the identity of the manager, not later than ten 89555
days after the change occurs.89556

       (2) An owner who sells or transfers an adult care facility 89557
shall be responsible and liable for the following:89558

       (a) Any civil penalties imposed against the facility under 89559
section 3722.085119.77 of the Revised Code for violations that 89560
occur before the date of transfer of ownership or during any 89561
period in which the seller or the seller's agent operates the 89562
facility;89563

       (b) Any outstanding liability to the state, unless the buyer 89564
or transferee has agreed, as a condition of the sale or transfer, 89565
to accept the outstanding liabilities and to guarantee their 89566
payment, except that if the buyer or transferee fails to meet 89567
these obligations the seller or transferor shall remain 89568
responsible for the outstanding liability.89569

       (G) The director shall annually publish a list of licensed 89570
adult care facilities, facilities for which licenses have been 89571
revoked, facilities for which license renewal has been refused, 89572
any facilities under an order suspending admissions pursuant to 89573
section 3722.075119.76 of the Revised Code, and any facilities 89574
that have been assessed a civil penalty pursuant to section 89575
3722.085119.77 of the Revised Code. The director shall furnish 89576
information concerning the status of licensure of any facility to 89577
any person upon request. The director shall annually send a copy 89578
of the list to the department of job and family services, to the 89579
department of mental health, and to the department of aging.89580

       Sec. 3722.041.        Sec. 5119.731.  (A) Sections 3781.06 to 3781.18 and 89581
3791.04 of the Revised Code do not apply to an adult family home 89582
for which application is made to the director of mental health for 89583
licensure as an adult care facility under this chapter. Adult 89584
family homes shall not be required to submit evidence to the 89585
director of health that the home has been inspected by a local 89586
certified building department or the division of labor in the 89587
department of commerce or by the state fire marshal or a fire 89588
prevention officer under section 3722.025119.71 of the Revised 89589
Code, but shall be inspected by the director of health to 89590
determine compliance with this section. An inspection made under 89591
this section may be made at the same time as an inspection made 89592
under section 3722.045119.73 of the Revised Code.89593

       (B) The director shall not license or renew the license of an 89594
adult family home unless it meets the fire protection standards 89595
established by rules adopted by the public health council pursuant 89596
to this chapterunder section 5119.79 of the Revised Code.89597

       Sec. 3722.05.        Sec. 5119.74.  If an adult care facility fails to 89598
comply with any requirement of this chaptersections 5119.70 to 89599
5119.88 of the Revised Code or with any rule adopted pursuant to 89600
this chapterunder those sections, the director of mental health 89601
may do any one or all of the following:89602

       (A) In accordance with Chapter 119. of the Revised Code, 89603
deny, revoke, or refuse to renew the license of the facility;89604

       (B) Give the facility an opportunity to correct the 89605
violation, in accordance with section 3722.065119.75 of the 89606
Revised Code;89607

       (C) Issue an order suspending the admission of residents to 89608
the facility, in accordance with section 3722.075119.76 of the 89609
Revised Code;89610

       (D) Impose a civil penalty in accordance with section 3722.0889611
5119.77 of the Revised Code;89612

       (E) Petition the court of common pleas for injunctive relief 89613
in accordance with section 3722.095119.78 of the Revised Code.89614

       Sec. 3722.06.        Sec. 5119.75.  Except as otherwise provided in 89615
sections 3722.075119.76 to 3722.095119.78 of the Revised Code 89616
and except in cases of violations that jeopardize the health and 89617
safety of any of the residents, if the director of mental health89618
determines that a licensed adult care facility is in violation of 89619
this chaptersections 5119.70 to 5119.88 of the Revised Code or of 89620
rules adopted pursuant to this chapterunder those sections, the 89621
director shall give the facility an opportunity to correct the 89622
violation. The director shall notify the facility of the violation 89623
and specify a reasonable time for making the corrections. Notice 89624
of the violation shall be in writing and shall include a citation 89625
to the statute or rule violated. The director shall state the 89626
action that the director will take if the corrections are not made 89627
within the specified period of time.89628

       The facility shall submit to the director a plan of 89629
correction stating the actions that will be taken to correct the 89630
violation. The director shall conduct an inspection to determine 89631
whether the facility has corrected the violation in accordance 89632
with the plan of correction.89633

       If the director determines that the facility has failed to 89634
correct the violation in accordance with the plan of correction, 89635
the director may impose a penalty under section 3722.085119.77 of 89636
the Revised Code. If the director determines that the license of 89637
the facility should be revoked or should not be renewed because 89638
the facility has failed to correct the violation within the time 89639
specified or because the violation jeopardizes the health or 89640
safety of any of the residents, the director shall revoke or 89641
refuse to renew the license in accordance with Chapter 119. of the 89642
Revised Code.89643

       Sec. 3722.07.        Sec. 5119.76.  (A) If the director of mental health 89644
determines that an adult care facility is in violation of this 89645
chaptersections 5119.70 to 5119.88 of the Revised Code or of 89646
rules adopted pursuant to itunder those sections, the director 89647
may immediately issue an order suspending the admission of 89648
residents to the facility. This order shall be effective 89649
immediately without prior hearing, and no resident shall be 89650
admitted to the facility until termination of the order. The 89651
director shall send a copy of the order to each organization known 89652
by the director to have placed residents in the facility and upon 89653
termination of the order shall send written notice of the 89654
termination to each of these organizations. Upon inquiry by any 89655
person about the licensure status of the facility, the director 89656
shall disclose the existence of an order of suspension. If the 89657
director discloses the existence of such an order to any person 89658
pursuant to this division, hethe director shall also notify that 89659
person, and any other person upon inquiry, of any subsequent 89660
termination of the order of suspension. The facility shall post 89661
the notice provided for in division (B) of this section 89662
prominently and shall inform any person who inquires about 89663
residence or placement in the facility of the order.89664

       (B) The director shall give written notice of the order of 89665
suspension to the facility by certified mail, return receipt 89666
requested, or shall provide for delivery of the notice in person. 89667
If requested by the facility in a letter mailed or delivered not 89668
later than two working days after it has received the notice, the 89669
director shall hold a conference with representatives of the 89670
facility concerning the suspension. The conference shall be held 89671
not later than seven days after the director receives the request.89672

       The notice sent by the director shall contain all of the 89673
following:89674

       (1) A description of the violation;89675

       (2) A citation to the statute or rule violated;89676

       (3) A description of the corrections required for termination 89677
of the order of suspension;89678

       (4) Procedures for the facility to follow to request a 89679
conference on the order of suspension.89680

       (C) At the conference the director shall discuss with the 89681
representatives of the facility the violation cited in the notice 89682
provided for in division (B) of this section and shall advise the 89683
representatives in regard to correcting the violations. Not later 89684
than five days after the conference, the director shall issue 89685
another order either upholding or terminating the suspension. If 89686
the director issues an order upholding the suspension, the 89687
facility may request an adjudication hearing pursuant to Chapter 89688
119. of the Revised Code, but the notice and hearing under that 89689
chapter shall be provided after the order is issued, and the 89690
suspension shall remain in effect during the hearing process 89691
unless terminated by the director or until ninety days have 89692
elapsed after a timely request for an adjudication hearing is 89693
received by the director, whichever is sooner.89694

       Sec. 3722.08.        Sec. 5119.77.  (A) If the director of mental health 89695
determines that an adult care facility is in violation of this 89696
chaptersections 5119.70 to 5119.88 of the Revised Code or rules 89697
adopted under itthose sections, the director may impose a civil 89698
penalty on the owner of the facility, pursuant to rules adopted by 89699
the public health council under this chaptersections 5119.79 and 89700
5119.80 of the Revised Code. The director shall determine the 89701
classification and amount of the penalty by considering the 89702
following factors:89703

       (1) The gravity of the violation, the severity of the actual 89704
or potential harm, and the extent to which the provisions of this 89705
chapter or rules adopted under it were violated;89706

       (2) Actions taken by the owner or manager to correct the 89707
violation;89708

       (3) The number, if any, of previous violations by the adult 89709
care facility.89710

       (B) The director shall give written notice of the order 89711
imposing a civil penalty to the adult care facility by certified 89712
mail, return receipt requested, or shall provide for delivery of 89713
the notice in person. The notice shall specify the classification 89714
of the violation as determined by rules adopted by the public 89715
health council pursuant to this chapterunder section 5119.80 of 89716
the Revised Code, the amount of the penalty and the rate of 89717
interest, the action that is required to be taken to correct the 89718
violation, the time within which it is to be corrected as 89719
specified in division (C) of this section, and the procedures for 89720
the facility to follow to request a conference on the order 89721
imposing a civil penalty. If the facility requests a conference in 89722
a letter mailed or delivered not later than two working days after 89723
it has received the notice, the director shall hold a conference 89724
with representatives of the facility concerning the civil penalty. 89725
The conference shall be held not later than seven days after the 89726
director receives the request. The conference shall be conducted 89727
as prescribed in division (C) of section 3722.075119.76 of the 89728
Revised Code. If the director issues an order upholding the civil 89729
penalty, the facility may request an adjudication hearing pursuant 89730
to Chapter 119. of the Revised Code, but the order of the director 89731
shall be in effect during proceedings instituted pursuant to that 89732
chapter until a final adjudication is made.89733

       (C) The director shall order that the condition or practice 89734
constituting a class I violation be abated or eliminated within 89735
twenty-four hours or any longer period that the director considers 89736
reasonable. The notice for a class II or a class III violation 89737
shall specify a time within which the violation is required to be 89738
corrected.89739

       (D) If the facility does not request a conference or if, 89740
after a conference, it fails to take action to correct a violation 89741
in the time prescribed by the director, the director shall issue 89742
an order upholding the penalty, plus interest at the rate 89743
specified in section 1343.03 of the Revised Code for each day 89744
beyond the date set for payment of the penalty. The director may 89745
waive the interest payment for the period prior to the conference 89746
if the director concludes that the conference was necessitated by 89747
a legitimate dispute.89748

       (E) The director may cancel or reduce the penalty for a class 89749
I violation if the facility corrects the violation within the time 89750
specified in the notice, except that the director shall impose the 89751
penalty even though the facility has corrected the violation if a 89752
resident suffers physical harm because of the violation or the 89753
facility has been cited previously for the same violation. The 89754
director may cancel the penalty for a class II or class III 89755
violation if the facility corrects the violation within the time 89756
specified in the notice and the facility has not been cited 89757
previously for the same violation. Each day of a violation of any 89758
class, after the date the director sets for abatement or 89759
elimination, constitutes a separate and additional violation.89760

       (F) If an adult care facility fails to pay a penalty imposed 89761
under this section, the director may commence a civil action to 89762
collect the penalty. The license of an adult care facility that 89763
has failed to pay a penalty imposed under this section shall not 89764
be renewed until the penalty has been paid.89765

       (G) If a penalty is imposed under this section, a fine shall 89766
not be imposed under section 3722.995119.99 of the Revised Code 89767
for the same violation.89768

       Sec. 3722.09.        Sec. 5119.78. (A) If the director of mental health 89769
determines that the operation of an adult care facility 89770
jeopardizes the health or safety of any of the residents of the 89771
facility or if the director determines that an adult care facility 89772
is operating without a license, the director may petition the 89773
court of common pleas in the county in which the facility is 89774
located for appropriate injunctive relief against the facility. If 89775
injunctive relief is granted against a facility for operating 89776
without a license and the facility continues to operate without a 89777
license, the director shall refer the case to the attorney general 89778
for further action.89779

       (B) The court petitioned under division (A) of this section 89780
shall grant injunctive relief upon a showing that the operation of 89781
the facility jeopardizes the health or safety of any of the 89782
residents of the facility or that the facility is operating 89783
without a license. When the court grants injunctive relief in the 89784
case of a facility operating without a license, the court shall 89785
issue, at a minimum, an order enjoining the facility from 89786
admitting new residents to the facility and an order requiring the 89787
facility to assist resident rights advocates with the safe and 89788
orderly relocation of the facility's residents.89789

       Sec. 3722.10.        Sec. 5119.79.  (A) The public health council shall 89790
have the exclusive authority to adopt, and the councildepartment 89791
of mental health shall adopt, rules governing the licensing and 89792
operation of adult care facilities. The rules shall be adopted in 89793
accordance with Chapter 119. of the Revised Code and shall. 89794
Subject to any provision of sections 5119.70 to 5119.88 of the 89795
Revised Code for which rules are required to be adopted, the rules 89796
may specify allany of the following:89797

       (1) Procedures for the issuance, renewal, and revocation of 89798
licenses, for the granting and denial of waivers, and for the 89799
issuance and termination of orders of suspension of admission 89800
pursuant to section 3722.075119.76 of the Revised Code;89801

       (2) The qualifications required for owners, managers, and 89802
employees of adult care facilities, including character, training, 89803
education, experience, and financial resources and the number of 89804
staff members required in a facility;89805

       (3) Adequate space, equipment, safety, and sanitation 89806
standards for the premises of adult care facilities, and fire 89807
protection standards for adult family homes as required by section 89808
3722.0415119.731 of the Revised Code;89809

       (4) The personal, social, dietary, and recreational services 89810
to be provided to each resident of adult care facilities;89811

       (5) Rights of residents of adult care facilities, in addition 89812
to the rights enumerated under section 3722.125119.81 of the 89813
Revised Code, and procedures to protect and enforce the rights of 89814
these residents;89815

       (6) Provisions for keeping records of residents and for 89816
maintaining the confidentiality of the records as required by 89817
division (B) of section 3722.125119.81 of the Revised Code. The 89818
provisions for maintaining the confidentiality of records shall, 89819
at the minimum, meet the requirements for maintaining the 89820
confidentiality of records under Title XIX of the "Social Security 89821
Act," 49 Stat. 620, 42 U.S.C. 301, as amended, and regulations 89822
promulgated thereunder.89823

       (7) Measures to be taken by adult care facilities relative to 89824
residents' medication, including policies and procedures 89825
concerning medication, storage of medication in a locked area, and 89826
disposal of medication and assistance with self-administration of 89827
medication, if the facility provides assistance;89828

       (8) Requirements for initial and periodic health assessments 89829
of prospective and current adult care facility residents by 89830
physicians or other health professionals to ensure that they do 89831
not require a level of care beyond that which is provided by the 89832
adult care facility, including assessment of their capacity to 89833
self-administer the medications prescribed for them;89834

       (9) Requirements relating to preparation of special diets;89835

       (10) The amount of the fees for new and renewal license 89836
applications made pursuant to sections 3722.025119.71 and 3722.0489837
5119.73 of the Revised Code;89838

       (11) Measures to be taken by any employee of the state or any 89839
political subdivision of the state authorized by this chapter to 89840
enter an adult care facility to inspect the facility or for any 89841
other purpose, to ensure that the employee respects the privacy 89842
and dignity of residents of the facility, cooperates with 89843
residents of the facility and behaves in a congenial manner toward 89844
them, and protects the rights of residents;89845

       (12) How an owner or manager of an adult care facility is to 89846
comply with section 3722.185119.88 of the Revised Code. At a 89847
minimum, theThe rules shallmay establish the procedures an owner 89848
or manager is to follow under division (A) of section 3722.1889849
5119.88 of the Revised Code regarding referrals to the facility of 89850
prospective residents with mental illness or severe mental 89851
disability and effective arrangements for ongoing mental health 89852
services for such prospective residents. The procedures may 89853
provide for any of the following:89854

       (a) That the owner or manager and the ADAMHS board serving 89855
the alcohol, drug addiction, and mental health service district in 89856
which the facility is located sign a mental health resident 89857
program participation agreement, as developed by the director of 89858
mental health under section 5119.6135119.614 of the Revised Code;89859

       (b) That the owner or manager comply with the requirements of 89860
its mental health resident program participation agreement;89861

       (c) That the owner or manager and the mental health agencies 89862
and ADAMHS boards that refer such prospective residents to the 89863
facility develop and sign a mental health plan for ongoing mental 89864
health services for each such prospective resident;89865

       (d) Any other process established by the public health 89866
council in consultation with the director of health and director 89867
of mental health regarding referrals and effective arrangements 89868
for ongoing mental health services for prospective residents with 89869
mental illness.89870

       (13) Any other rules necessary for the administration and 89871
enforcement of this chaptersections 5119.70 to 5119.88 of the 89872
Revised Code.89873

       (B) After consulting with relevant constituencies, the 89874
director of mental health shall prepare and submit to the director 89875
of health recommendations for the content of rules to be adopted 89876
under division (A)(12) of this section.89877

       (C) The director of mental health shall advise adult care 89878
facilities regarding compliance with the requirements of this 89879
chaptersections 5119.70 to 5119.88 of the Revised Code and with 89880
the rules adopted pursuant to this chapterthose sections.89881

       (D)(C) Any duty or responsibility imposed upon the director 89882
of mental health by this chapter may be carried out by an employee 89883
of the department of healthpersons designated by the director.89884

       (E)(D) Employees of the department of mental health may 89885
enter, for the purposes of investigation, any institution, 89886
residence, facility, or other structure which has been reported to 89887
the department as, or that the department has reasonable cause to 89888
believe is, operating as an adult care facility without a valid 89889
license.89890

       Sec. 3722.11.        Sec. 5119.80.  The public health councildepartment 89891
of mental health shall, not later than twelve months after the 89892
effective date of this section, adopt rules under Chapter 119. of 89893
the Revised Code that set guidelines for classifying violations of 89894
this chaptersections 5119.70 to 5119.88 of the Revised Code or 89895
rules adopted under itthose sections for the purpose of imposing 89896
civil penalties. The rules shall establish the following 89897
classifications:89898

       (A) Class I violations are conditions or occurrences that 89899
present an immediate and serious threat to the physical or 89900
emotional health, safety, or security of residents of an adult 89901
care facility. Whoever is determined to have committed a class I 89902
violation is subject to a civil penalty of not less than seven 89903
hundred dollars nor more than one thousand dollars for each 89904
violation.89905

       (B) Class II violations are conditions or occurrences, other 89906
than class I violations, that directly threaten the physical or 89907
emotional health, safety, or security of residents of an adult 89908
care facility. Whoever is determined to have committed a class II 89909
violation is subject to a civil penalty of not less than five 89910
hundred dollars nor more than seven hundred dollars for each 89911
violation.89912

       (C) Class III violations are conditions or occurrences, other 89913
than class I or class II violations, that indirectly or 89914
potentially threaten the physical or emotional health, safety, or 89915
security of residents of a facility. Whoever is determined to have 89916
committed a class III violation is subject to a civil penalty of 89917
not less than one hundred dollars nor more than five hundred 89918
dollars for each violation.89919

       Sec. 3722.12.        Sec. 5119.81.  (A) As used in this section:89920

       (1) "Abuse" means the unreasonable confinement or 89921
intimidation of a resident, or the infliction of injury or cruel 89922
punishment upon a resident, resulting in physical harm, pain, or 89923
mental anguish.89924

       (2) "Exploitation" means the unlawful or improper utilization 89925
of an adult resident or histhe resident's resources for personal 89926
or monetary benefit, profit, or gain.89927

       (3) "Mechanical restraint" means any method of restricting a 89928
resident's freedom of movement, physical activity, or normal use 89929
of the resident's body, using an appliance or device manufactured 89930
for this purpose.89931

       (4) "Neglect" means failure to provide a resident with the 89932
goods or services necessary to prevent physical harm, mental 89933
anguish, or mental illness.89934

       (4)(5) "Physical restraint," includes, but is not limited to, 89935
the locked door of a room or any article, device, or garment that 89936
interferes with the free movement of the resident and that he is 89937
unable to remove easily also known as "manual restraint," means 89938
any method of physically restricting a resident's freedom of 89939
movement, physical activity, or normal use of the resident's body 89940
without the use of a mechanical restraint.89941

        (6) "Seclusion" means the involuntary confinement of a 89942
resident alone in a room in which the resident is physically 89943
prevented from leaving.89944

       (B) The rights of a resident of an adult care facility 89945
include all of the following:89946

       (1) The right to a safe, healthy, clean, and decent living 89947
environment;89948

       (2) The right to be treated at all times with courtesy and 89949
respect, and with full recognition of personal dignity and 89950
individuality;89951

       (3) The right to practice a religion of histhe resident's89952
choice or to abstain from the practice of religion;89953

       (4) The right to manage personal financial affairs;89954

       (5) The right to retain and use personal clothing;89955

       (6) The right to ownership and reasonable use of personal 89956
property so as to maintain personal dignity and individuality;89957

       (7) The right to participate in activities within the 89958
facility and to use the common areas of the facility;89959

       (8) The right to engage in or refrain from engaging in 89960
activities of histhe resident's own choosing within reason;89961

       (9) The right to private and unrestricted communications, 89962
including:89963

       (a) The right to receive, send, and mail sealed, unopened 89964
correspondence;89965

       (b) The right to reasonable access to a telephone for private 89966
communications;89967

       (c) The right to private visits at any reasonable hour.89968

       (10) The right to initiate and maintain contact with the 89969
community, including the right to participate in the activities of 89970
community groups at histhe resident's initiative or at the 89971
initiative of community groups;89972

       (11) The right to state grievances to the owner or the 89973
manager of the facility, to any governmental agency, or to any 89974
other person without reprisal;89975

       (12) Prior to becoming a resident, the right to visit the 89976
facility alone or with histhe prospective resident's sponsor;89977

       (13) The right to retain the services of any health or social 89978
services practitioner at histhe resident's own expense;89979

       (14) The right to refuse medical treatment or services, or if 89980
the resident has been adjudicated incompetent pursuant to Chapter 89981
2111. of the Revised Code and has not been restored to legal 89982
capacity, the right to have histhe resident's legal guardian make 89983
decisions about medical treatment and services for himthe 89984
resident;89985

       (15) The right to be free from abuse, neglect, or 89986
exploitation;89987

       (16) The right to be free from seclusion and mechanical and89988
physical restraints;89989

       (17) The right not to be deprived of any legal rights solely 89990
by reason of residence in an adult care facility;89991

       (18) The right to examine records maintained by the adult 89992
care facility concerning himthe resident, upon request;89993

       (19) The right to confidential treatment of histhe 89994
resident's personal records, and the right to approve or refuse 89995
the release of these records to any individual outside the 89996
facility, except upon transfer to another adult care facility or a 89997
nursing home, residential care facility, home for the aging, 89998
hospital, or other health care facility or provider, and except as 89999
required by law or rule or as required by a third-party payment 90000
contract;90001

       (20) The right to be informed in writing of the rates charged 90002
by the facility as well as any additional charges, and to receive 90003
thirty days notice in writing of any change in the rates and 90004
charges;90005

       (21) The right to have any significant change in histhe 90006
resident's health reported to histhe resident's sponsor;90007

       (22) The right to share a room with a spouse if both are 90008
residents of the facility.90009

       (C) A sponsor, the director of mental health, or the director 90010
of aging, or a residents' rights advocate registered under section 90011
3701.07 of the Revised Code may assert on behalf of a resident any 90012
of the rights enumerated under this section, section 3722.1490013
5119.83 of the Revised Code, or rules adopted by the public health 90014
council pursuant to this chaptersections 5119.70 to 5119.88 of 90015
the Revised Code. Any attempted waiver of these rights is void. No 90016
adult care facility or person associated with an adult care 90017
facility shall deny a resident any of these rights.90018

       (D) Any resident whose rights under this section or section 90019
3722.135119.82 or 3722.145119.83 of the Revised Code are 90020
violated has a cause of action against any person or facility 90021
committing the violation. The action may be commenced by the 90022
resident or by his sponsor on his behalf. The court may award 90023
actual and punitive damages for violation of the rights. The court 90024
may award to the prevailing party reasonable attorney's fees 90025
limited to the work reasonably performed.90026

       Sec. 3722.13.        Sec. 5119.82.  (A) Each adult care facility shall 90027
establish a written residents' rights policy containing the text 90028
of sections 3722.125119.81 and 3722.145119.83 of the Revised 90029
Code and rules adopted by the public health council pursuant to 90030
this chaptersections 5119.70 to 5119.88 of the Revised Code, a 90031
discussion of the rights and responsibilities of residents under90032
that sectionsections 5119.81 to 5119.83 of the Revised Code, and 90033
the text of any additional rule for residents promulgated by the 90034
facility. At the time of admission the manager shall give a copy 90035
of the residents' rights policy to the resident and the resident's 90036
sponsor, if any, and explain the contents of the policy to them. 90037
The facility shall establish procedures for facilitating the 90038
residents' exercise of their rights.90039

       (B) Each adult care facility shall post prominently within 90040
the facility a copy of the residents' rights listed in division 90041
(B) of section 3722.125119.81 of the Revised Code and any 90042
additional residents' rights established by rules adopted by the 90043
public health council pursuant to this chaptersections 5119.70 to 90044
5119.88 of the Revised Code, the addresses and telephone numbers 90045
of the state long-term care ombudsperson and the regional 90046
long-term care ombudsperson program for the area in which the 90047
facility is located, and the telephone number maintained by the 90048
department of health for accepting complaints.90049

       Sec. 3722.14.        Sec. 5119.83.  (A)(1) Except as provided in division 90050
(A)(2) of this section, an adult care facility may transfer or 90051
discharge a resident, in the absence of a request from the 90052
resident, only for the following reasons:90053

       (a) Charges for the resident's accommodations and services 90054
have not been paid within thirty days after the date on which they 90055
became due;90056

       (b) The mental, emotional, or physical condition of the 90057
resident requires a level of care that the facility is unable to 90058
provide;90059

       (c) The health, safety, or welfare of the resident or of 90060
another resident requires a transfer or discharge;90061

       (d) The facility's license has been revoked or renewal has 90062
been denied pursuant to this chapterby the director of mental 90063
health;90064

       (e) The owner closes the facility;90065

       (f) The resident is relocated as the result of a court's 90066
order issued under section 3722.095119.78 of the Revised Code as 90067
part of the injunctive relief granted against a facility that is 90068
operating without a license;90069

       (g) The resident is receiving publicly funded mental health 90070
services and the facility's mental health resident program 90071
participation agreement is terminated by the facility or ADAMHS 90072
board.90073

       (2) An adult family home may transfer or discharge a resident 90074
if transfer or discharge is required for the health, safety, or 90075
welfare of an individual who resides in the home but is not a 90076
resident for whom supervision or personal services are provided.90077

       (B)(1) The facility shall give a resident thirty days'90078
advance notice, in writing, of a proposed transfer or discharge, 90079
except that if the transfer or discharge is for a reason given in 90080
divisions (A)(1)(b) to (g) or (A)(2) of this section and an 90081
emergency exists, the notice need not be given thirty days in 90082
advance. The facility shall state in the written notice the 90083
reasons for the proposed transfer or discharge. If the resident is 90084
entitled to a hearing as specified in division (B)(2) of this 90085
section, the written notice shall outline the procedure for the 90086
resident to follow in requesting a hearing.90087

        (2) A resident may request a hearing if a proposed transfer 90088
or discharge is based on reason given in divisiondivisions90089
(A)(1)(a) to (c) or (A)(2) of this section. If the resident seeks 90090
a hearing, the resident shall submit a request to the director of 90091
mental health not later than ten days after receiving the written 90092
notice. The director shall hold the hearing not later than ten 90093
days after receiving the request. A representative of the director 90094
shall preside over the hearing and shall issue a written 90095
recommendation of action to be taken by the director not later 90096
than three days after the hearing. The director shall issue an 90097
order regarding the transfer or discharge not later than two days 90098
after receipt of the recommendation. The order may prohibit or 90099
place conditions on the discharge or transfer. In the case of a 90100
transfer, the order may require that the transfer be to an 90101
institution or facility specified by the director. The hearing is 90102
not subject to section 121.22 of the Revised Code. The public 90103
health councildepartment of mental health shall adopt rules 90104
governing any additional procedures necessary for conducting the 90105
hearing.90106

       (C)(1) The owner of an adult care facility who is closing the 90107
facility shall inform the director of health in writing at least 90108
thirty days prior to the proposed date of closing. At the same 90109
time, the owner or manager shall inform each resident, the 90110
resident's guardian, the resident's sponsor, or any organization 90111
or agency acting on behalf of the resident, of the closing of the 90112
facility and the date of the closing.90113

       (2) Immediately upon receiving notice that a facility is to 90114
be closed, the director shall monitor the transfer of residents to 90115
other facilities and ensure that residents' rights are protected. 90116
The director shall notify the ombudsperson in the region in which 90117
the facility is located of the closing.90118

       (3) All charges shall be prorated as of the date on which the 90119
facility closes. If payments have been made in advance, the 90120
payments for services not rendered shall be refunded to the 90121
resident or the resident's guardian not later than seven days 90122
after the closing of the facility.90123

       (4) Immediately upon the closing of a facility, the owner 90124
shall surrender the license to the director, and the license shall 90125
be canceled.90126

       Sec. 3722.15.        Sec. 5119.84.  (A) The following may enter an adult 90127
care facility at any time:90128

       (1) Employees designated by the director of mental health;90129

       (2) Employees designated by the director of aging;90130

       (3) Employees designated by the attorney general;90131

       (4) Employees designated by a county department of job and 90132
family services to implement sections 5101.60 to 5101.71 of the 90133
Revised Code;90134

       (5) Persons employed pursuant to division (M) of section 90135
173.01 of the Revised Code in the long-term care ombudsperson 90136
program;90137

       (6) Employees of the department of mental health designated 90138
by the director of mental health;90139

       (7) Employees of a mental health agency under any of the 90140
following circumstances:90141

       (a) When the agency has a client residing in the facility;90142

       (b) When the agency is acting as an agent of an ADAMHS board 90143
other than the board with which it is under contract;90144

       (c) When there is a mental health resident program 90145
participation agreement between the facility and the ADAMHS board 90146
with which the agency is under contract.90147

       (8)(7) Employees of an ADAMHS board under any of the 90148
following circumstances:90149

       (a) When authorized by section 340.05 of the Revised Code;90150

       (b) When a resident of the facility is receiving mental 90151
health services provided by that ADAMHS board or another ADAMHS 90152
board pursuant to division (A)(8)(b) of section 340.03 of the 90153
Revised Code;90154

       (c) When a resident of the facility is receiving services 90155
from a mental health agency under contract with that ADAMHS board 90156
or another ADAMHS board;90157

       (d) When there is a mental health resident program 90158
participation agreement between the facility and that ADAMHS 90159
board.90160

        The employees specified in divisions (A)(1) to (8)(7) of this 90161
section shall be afforded access to all records of the facility, 90162
including records pertaining to residents, and may copy the 90163
records. Neither these employees nor the director of mental health 90164
shall release, without consent, any information obtained from the 90165
records of an adult care facility that reasonably would tend to 90166
identify a specific resident of the facility, except as ordered by 90167
a court of competent jurisdiction or when the release is otherwise 90168
authorized by law.90169

       (B) The following persons may enter any adult care facility 90170
during reasonable hours:90171

       (1) A resident's sponsor;90172

       (2) Residents' rights advocates;90173

       (3) A resident's attorney;90174

       (4)(2) A minister, priest, rabbi, or other person ministering 90175
to a resident's religious needs;90176

       (5)(3) A physician or other person providing health care 90177
services to a resident;90178

       (6)(4) Employees authorized by county departments of job and 90179
family services and local boards of health or health departments 90180
to enter adult care facilities;90181

       (7)(5) A prospective resident and prospective resident's 90182
sponsor.90183

       (C) The manager of an adult care facility may require a 90184
person seeking to enter the facility to present identification 90185
sufficient to identify the person as an authorized person under 90186
this section.90187

       Sec. 3722.151.        Sec. 5119.85.  (A) As used in this section:90188

       (1) "Adult care facility" has the same meaning as in section 90189
3722.01 of the Revised Code.90190

       (2) "Applicant" means a person who is under final 90191
consideration for employment with an adult care facility in a 90192
full-time, part-time, or temporary position that involves 90193
providing direct care to an older adult. "Applicant" does not 90194
include a person who provides direct care as a volunteer without 90195
receiving or expecting to receive any form of remuneration other 90196
than reimbursement for actual expenses.90197

       (3)(2) "Criminal records check" and "older adult" have the 90198
same meanings as in section 109.572 of the Revised Code.90199

       (B)(1) Except as provided in division (I) of this section, 90200
the chief administrator of an adult care facility shall request 90201
that the superintendent of the bureau of criminal identification 90202
and investigation conduct a criminal records check with respect to 90203
each applicant. If an applicant for whom a criminal records check 90204
request is required under this division does not present proof of 90205
having been a resident of this state for the five-year period 90206
immediately prior to the date the criminal records check is 90207
requested or provide evidence that within that five-year period 90208
the superintendent has requested information about the applicant 90209
from the federal bureau of investigation in a criminal records 90210
check, the chief administrator shall request that the 90211
superintendent obtain information from the federal bureau of 90212
investigation as part of the criminal records check of the 90213
applicant. Even if an applicant for whom a criminal records check 90214
request is required under this division presents proof of having 90215
been a resident of this state for the five-year period, the chief 90216
administrator may request that the superintendent include 90217
information from the federal bureau of investigation in the 90218
criminal records check.90219

       (2) A person required by division (B)(1) of this section to 90220
request a criminal records check shall do both of the following:90221

       (a) Provide to each applicant for whom a criminal records 90222
check request is required under that division a copy of the form 90223
prescribed pursuant to division (C)(1) of section 109.572 of the 90224
Revised Code and a standard fingerprint impression sheet 90225
prescribed pursuant to division (C)(2) of that section, and obtain 90226
the completed form and impression sheet from the applicant;90227

       (b) Forward the completed form and impression sheet to the 90228
superintendent of the bureau of criminal identification and 90229
investigation.90230

       (3) An applicant provided the form and fingerprint impression 90231
sheet under division (B)(2)(a) of this section who fails to 90232
complete the form or provide fingerprint impressions shall not be 90233
employed in any position for which a criminal records check is 90234
required by this section.90235

       (C)(1) Except as provided in rules adopted by the public 90236
health councildepartment of mental health in accordance with 90237
division (F) of this section and subject to division (C)(2) of 90238
this section, no adult care facility shall employ a person in a 90239
position that involves providing direct care to an older adult if 90240
the person has been convicted of or pleaded guilty to any of the 90241
following:90242

       (a) A violation of section 2903.01, 2903.02, 2903.03, 90243
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 90244
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 90245
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 90246
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 90247
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 90248
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 90249
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 90250
2925.22, 2925.23, or 3716.11 of the Revised Code.90251

       (b) A violation of an existing or former law of this state, 90252
any other state, or the United States that is substantially 90253
equivalent to any of the offenses listed in division (C)(1)(a) of 90254
this section.90255

       (2)(a) An adult care facility may employ conditionally an 90256
applicant for whom a criminal records check request is required 90257
under division (B) of this section prior to obtaining the results 90258
of a criminal records check regarding the individual, provided 90259
that the facility shall request a criminal records check regarding 90260
the individual in accordance with division (B)(1) of this section 90261
not later than five business days after the individual begins 90262
conditional employment. In the circumstances described in division 90263
(I)(2) of this section, an adult care facility may employ 90264
conditionally an applicant who has been referred to the adult care 90265
facility by an employment service that supplies full-time, 90266
part-time, or temporary staff for positions involving the direct 90267
care of older adults and for whom, pursuant to that division, a 90268
criminal records check is not required under division (B) of this 90269
section.90270

       (b) An adult care facility that employs an individual 90271
conditionally under authority of division (C)(2)(a) of this 90272
section shall terminate the individual's employment if the results 90273
of the criminal records check requested under division (B) of this 90274
section or described in division (I)(2) of this section, other 90275
than the results of any request for information from the federal 90276
bureau of investigation, are not obtained within the period ending 90277
thirty days after the date the request is made. Regardless of when 90278
the results of the criminal records check are obtained, if the 90279
results indicate that the individual has been convicted of or 90280
pleaded guilty to any of the offenses listed or described in 90281
division (C)(1) of this section, the facility shall terminate the 90282
individual's employment unless the facility chooses to employ the 90283
individual pursuant to division (F) of this section. Termination 90284
of employment under this division shall be considered just cause 90285
for discharge for purposes of division (D)(2) of section 4141.29 90286
of the Revised Code if the individual makes any attempt to deceive 90287
the facility about the individual's criminal record.90288

       (D)(1) Each adult care facility shall pay to the bureau of 90289
criminal identification and investigation the fee prescribed 90290
pursuant to division (C)(3) of section 109.572 of the Revised Code 90291
for each criminal records check conducted pursuant to a request 90292
made under division (B) of this section.90293

       (2) An adult care facility may charge an applicant a fee not 90294
exceeding the amount the facility pays under division (D)(1) of 90295
this section. A facility may collect a fee only if it notifies the 90296
person at the time of initial application for employment of the 90297
amount of the fee and that, unless the fee is paid, the person 90298
will not be considered for employment.90299

       (E) The report of any criminal records check conducted 90300
pursuant to a request made under this section is not a public 90301
record for the purposes of section 149.43 of the Revised Code and 90302
shall not be made available to any person other than the 90303
following:90304

       (1) The individual who is the subject of the criminal records 90305
check or the individual's representative;90306

       (2) The chief administrator of the facility requesting the 90307
criminal records check or the administrator's representative;90308

       (3) The administrator of any other facility, agency, or 90309
program that provides direct care to older adults that is owned or 90310
operated by the same entity that owns or operates the adult care 90311
facility;90312

       (4) A court, hearing officer, or other necessary individual 90313
involved in a case dealing with a denial of employment of the 90314
applicant or dealing with employment or unemployment benefits of 90315
the applicant;90316

       (5) Any person to whom the report is provided pursuant to, 90317
and in accordance with, division (I)(1) or (2) of this section.90318

       (F) The public health councildepartment shall adopt rules in 90319
accordance with Chapter 119. of the Revised Code to implement this 90320
section. The rules shall specify circumstances under which an 90321
adult care facility may employ a person who has been convicted of 90322
or pleaded guilty to an offense listed or described in division 90323
(C)(1) of this section but meets personal character standards set 90324
by the council.90325

       (G) The chief administrator of an adult care facility shall 90326
inform each individual, at the time of initial application for a 90327
position that involves providing direct care to an older adult, 90328
that the individual is required to provide a set of fingerprint 90329
impressions and that a criminal records check is required to be 90330
conducted if the individual comes under final consideration for 90331
employment.90332

       (H) In a tort or other civil action for damages that is 90333
brought as the result of an injury, death, or loss to person or 90334
property caused by an individual who an adult care facility 90335
employs in a position that involves providing direct care to older 90336
adults, all of the following shall apply:90337

       (1) If the facility employed the individual in good faith and 90338
reasonable reliance on the report of a criminal records check 90339
requested under this section, the facility shall not be found 90340
negligent solely because of its reliance on the report, even if 90341
the information in the report is determined later to have been 90342
incomplete or inaccurate;90343

       (2) If the facility employed the individual in good faith on 90344
a conditional basis pursuant to division (C)(2) of this section, 90345
the facility shall not be found negligent solely because it 90346
employed the individual prior to receiving the report of a 90347
criminal records check requested under this section;90348

       (3) If the facility in good faith employed the individual 90349
according to the personal character standards established in rules 90350
adopted under division (F) of this section, the facility shall not 90351
be found negligent solely because the individual prior to being 90352
employed had been convicted of or pleaded guilty to an offense 90353
listed or described in division (C)(1) of this section.90354

       (I)(1) The chief administrator of an adult care facility is 90355
not required to request that the superintendent of the bureau of 90356
criminal identification and investigation conduct a criminal 90357
records check of an applicant if the applicant has been referred 90358
to the facility by an employment service that supplies full-time, 90359
part-time, or temporary staff for positions involving the direct 90360
care of older adults and both of the following apply:90361

       (a) The chief administrator receives from the employment 90362
service or the applicant a report of the results of a criminal 90363
records check regarding the applicant that has been conducted by 90364
the superintendent within the one-year period immediately 90365
preceding the applicant's referral;90366

       (b) The report of the criminal records check demonstrates 90367
that the person has not been convicted of or pleaded guilty to an 90368
offense listed or described in division (C)(1) of this section, or 90369
the report demonstrates that the person has been convicted of or 90370
pleaded guilty to one or more of those offenses, but the adult 90371
care facility chooses to employ the individual pursuant to 90372
division (F) of this section.90373

       (2) The chief administrator of an adult care facility is not 90374
required to request that the superintendent of the bureau of 90375
criminal identification and investigation conduct a criminal 90376
records check of an applicant and may employ the applicant 90377
conditionally as described in this division, if the applicant has 90378
been referred to the facility by an employment service that 90379
supplies full-time, part-time, or temporary staff for positions 90380
involving the direct care of older adults and if the chief 90381
administrator receives from the employment service or the 90382
applicant a letter from the employment service that is on the 90383
letterhead of the employment service, dated, and signed by a 90384
supervisor or another designated official of the employment 90385
service and that states that the employment service has requested 90386
the superintendent to conduct a criminal records check regarding 90387
the applicant, that the requested criminal records check will 90388
include a determination of whether the applicant has been 90389
convicted of or pleaded guilty to any offense listed or described 90390
in division (C)(1) of this section, that, as of the date set forth 90391
on the letter, the employment service had not received the results 90392
of the criminal records check, and that, when the employment 90393
service receives the results of the criminal records check, it 90394
promptly will send a copy of the results to the adult care 90395
facility. If an adult care facility employs an applicant 90396
conditionally in accordance with this division, the employment 90397
service, upon its receipt of the results of the criminal records 90398
check, promptly shall send a copy of the results to the adult care 90399
facility, and division (C)(2)(b) of this section applies regarding 90400
the conditional employment.90401

       Sec. 3722.16.        Sec. 5119.86.  (A) No person shall:90402

       (1) Operate an adult care facility unless the facility is 90403
validly licensed by the director of mental health under section 90404
3722.045119.73 of the Revised Code;90405

       (2) Admit to an adult care facility more residents than the 90406
number authorized in the facility's license;90407

       (3) Admit a resident to an adult care facility after the 90408
director has issued an order pursuant to section 3722.075119.7690409
of the Revised Code suspending admissions to the facility. 90410
Violation of division (A)(3) of this section is cause for 90411
revocation of the facility's license.90412

       (4) Interfere with any authorized inspection of an adult care 90413
facility conducted pursuant to section 3722.025119.71 or 3722.0490414
5119.73 of the Revised Code;90415

       (5) Admit to an adult care facility a resident requiring 90416
publicly funded mental health services, unless both of the 90417
following conditions are met:90418

       (a) The ADAMHS board serving the alcohol, drug addiction, and 90419
mental health service district in which the facility is located is 90420
notified;90421

       (b) The facility and ADAMHS board have entered into a mental 90422
health resident program participation agreement by using the 90423
standardized form approved by the director of mental health under 90424
section 5119.6135119.614 of the Revised Code.90425

        (6) Violate any of the provisions of this chaptersections 90426
5119.70 to 5119.88 of the Revised Code or any of the rules adopted 90427
pursuant to itthose sections.90428

       (B) No adult care facility shall provide, or admit or retain 90429
any resident in need of, skilled nursing care unless all of the 90430
following conditions are met:90431

       (1) The care will be provided on a part-time, intermittent 90432
basis for not more than a total of one hundred twenty days in any 90433
twelve-month period.90434

       (2) The care will be provided by one or more of the 90435
following:90436

       (a) A home health agency certified under Title XVIII of the 90437
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as 90438
amended;90439

       (b) A hospice care program licensed under Chapter 3712. of 90440
the Revised Code;90441

       (c) A nursing home licensed under Chapter 3721. of the 90442
Revised Code and owned and operated by the same person and located 90443
on the same site as the adult care facility;90444

       (d) A mental health agency or, pursuant to division (A)(8)(b) 90445
of section 340.03 of the Revised Code, an ADAMHS board.90446

       (3) Each individual employed by, under contract with, or 90447
otherwise used by any of the entities specified in division (B)(2) 90448
of this section to perform the skilled nursing care is authorized 90449
under the laws of this state to perform the care by being 90450
appropriately licensed, as specified in rules adopted under 90451
division (G) of this section.90452

       (4) The staff of the one or more entities providing the 90453
skilled nursing care does not train the adult care facility staff 90454
to provide the skilled nursing care;90455

       (5) The individual to whom the skilled nursing care is 90456
provided is suffering from a short-term illness;90457

       (6) If the skilled nursing care is to be provided by the 90458
nursing staff of a nursing home, all of the following are the 90459
case:90460

       (a) The adult care facility evaluates the individual 90461
receiving the skilled nursing care at least once every seven days 90462
to determine whether the individual should be transferred to a 90463
nursing home;90464

       (b) The adult care facility meets at all times staffing 90465
requirements established by rules adopted under section 3722.1090466
5119.79 of the Revised Code;90467

       (c) The nursing home does not include the cost of providing 90468
skilled nursing care to the adult care facility residents in a 90469
cost report filed under section 5111.26 of the Revised Code;90470

       (d) The nursing home meets at all times the nursing home 90471
licensure staffing ratios established by rules adopted under 90472
section 3721.04 of the Revised Code;90473

       (e) The nursing home staff providing skilled nursing care to 90474
adult care facility residents are registered nurses or licensed 90475
practical nurses licensed under Chapter 4723. of the Revised Code 90476
and meet the personnel qualifications for nursing home staff 90477
established by rules adopted under section 3721.04 of the Revised 90478
Code;90479

       (f) The skilled nursing care is provided in accordance with 90480
rules established for nursing homes under section 3721.04 of the 90481
Revised Code;90482

       (g) The nursing home meets the skilled nursing care needs of 90483
the adult care facility residents;90484

       (h) Using the nursing home's nursing staff does not prevent 90485
the nursing home or adult care facility from meeting the needs of 90486
the nursing home and adult care facility residents in a quality 90487
and timely manner.90488

       (7) No adult care facility staff shall provide skilled 90489
nursing care.90490

       Notwithstanding section 3721.01 of the Revised Code, an adult 90491
care facility in which residents receive skilled nursing care as 90492
described in division (B) of this section is not a nursing home.90493

       (C) A home health agency or hospice care program that 90494
provides skilled nursing care pursuant to division (B) of this 90495
section may not be associated with the adult care facility unless 90496
the facility is part of a home for the aged as defined in section 90497
5701.13 of the Revised Code or the adult care facility is owned 90498
and operated by the same person and located on the same site as a 90499
nursing home licensed under Chapter 3721. of the Revised Code that 90500
is associated with the home health agency or hospice care program. 90501
In addition, the following requirements shall be met:90502

       (1) The adult care facility shall evaluate the individual 90503
receiving the skilled nursing care not less than once every seven 90504
days to determine whether the individual should be transferred to 90505
a nursing home;90506

       (2) If the costs of providing the skilled nursing care are 90507
included in a cost report filed pursuant to section 5111.26 of the 90508
Revised Code by the nursing home that is part of the same home for 90509
the aged, the home health agency or hospice care program shall not 90510
seek reimbursement for the care under the medical assistance 90511
program established under Chapter 5111. of the Revised Code.90512

       (D) No person knowingly shall place or recommend placement of 90513
any person in an adult care facility that is operating without a 90514
license.90515

       (E) No employee of a unit of local or state government, 90516
ADAMHS board, mental health agency, or PASSPORTRSS administrative 90517
agency shall place or recommend placement of any person in an 90518
adult care facility if the employee knows any of the following:90519

       (1) That the facility cannot meet the needs of the potential 90520
resident;90521

       (2) That placement of the resident would cause the facility 90522
to exceed its licensed capacity;90523

       (3) That an enforcement action initiated by the director of 90524
mental health is pending and may result in the revocation of or 90525
refusal to renew the facility's license;90526

       (4) That the potential resident is receiving or is eligible 90527
for publicly funded mental health services and the facility has 90528
not entered into a mental health resident program participation 90529
agreement.90530

       (F) No person who has reason to believe that an adult care 90531
facility is operating without a license shall fail to report this 90532
information to the director of mental health.90533

       (G) In accordance with Chapter 119. of the Revised Code, the90534
public health councildepartment of mental health shall adopt 90535
rules for purposes of division (B) of this section that do all of 90536
the following:90537

       (1) Define a short-term illness for purposes of division 90538
(B)(5) of this section;90539

       (2) Specify, consistent with rules pertaining to home health 90540
care adopted by the director of job and family services under the 90541
medical assistance program established under Chapter 5111. of the 90542
Revised Code and Title XIX of the "Social Security Act," 49 Stat. 90543
620 (1935), 42 U.S.C. 301, as amended, what constitutes a 90544
part-time, intermittent basis for purposes of division (B)(1) of 90545
this section;90546

       (3) Specify what constitutes being appropriately licensed for 90547
purposes of division (B)(3) of this section.90548

       Sec. 3722.17.        Sec. 5119.87.  (A) Any person who believes that an 90549
adult care facility is in violation of this chaptersections 90550
5119.70 to 5119.88 of the Revised Code or of any of the rules 90551
promulgatedadopted pursuant to itthose sections may report the 90552
information to the director of mental health. The director shall 90553
investigate each report made under this section or section 3722.1690554
5119.86 of the Revised Code and shall inform the facility of the 90555
results of the investigation. When investigating a report made 90556
pursuant to section 340.05 of the Revised Code, the director shall 90557
consult with the ADAMHS board that made the report. The director 90558
shall keep a record of the investigation and the action taken as a 90559
result of the investigation.90560

       The director shall not reveal, without consent, the identity 90561
of a person who makes a report under this section or division (G) 90562
of section 3722.165119.86 of the Revised Code, the identity of a 90563
specific resident or residents referred to in such a report, or 90564
any other information that could reasonably be expected to reveal 90565
the identity of the person making the report or the resident or 90566
residents referred to in the report, except that the director may 90567
provide this information to a government agency responsible for 90568
enforcing laws applying to adult care facilities.90569

       (B) Any person who believes that a resident's rights under 90570
sections 3722.125119.81 to 3722.155119.84 of the Revised Code 90571
have been violated may report the information to the state 90572
long-term care ombudsperson, the regional long-term care 90573
ombudsperson program for the area in which the facility is 90574
located, or the director of mental health. If the person believes 90575
that the resident has mental illness or severe mental disability 90576
and is suffering abuse or neglect, the person may report the 90577
information to the ADAMHS board serving the alcohol, drug 90578
addiction, and mental health service district in which the adult 90579
care facility is located or a mental health agency under contract 90580
with the board in addition to or instead of the ombudsperson, 90581
regional program, or director.90582

       (C) Any person who makes a report pursuant to division (A) or 90583
(B) of this section or division (G) of section 3722.165119.86 of 90584
the Revised Code or any person who participates in an 90585
administrative or judicial proceeding resulting from such a report 90586
is immune from any civil liability or criminal liability, other 90587
than perjury, that might otherwise be incurred or imposed as a 90588
result of these actions, unless the person has acted in bad faith 90589
or with malicious purpose.90590

       Sec. 3722.18.        Sec. 5119.88.  Before an adult care facility admits a 90591
prospective resident who the owner or manager of the facility 90592
knows has been assessed as having a mental illness or severe 90593
mental disability, the owner or manager is subject to both of the 90594
following:90595

       (A) If the prospective resident is referred to the facility 90596
by a mental health agency or ADAMHS board, the owner or manager 90597
shall follow procedures established in rules adopted under 90598
division (A)(12) of section 3722.105119.79 of the Revised Code 90599
regarding referrals and effective arrangements for ongoing mental 90600
health services.90601

       (B) If the prospective resident is not referred to the 90602
facility by a mental health agency or ADAMHS board, the owner or 90603
manager shall offer to assist the prospective resident in 90604
obtaining appropriate mental health services and document the 90605
offer of assistance in accordance with rules adopted under 90606
division (A)(12) of section 3722.105119.79 of the Revised Code.90607

       Sec. 5119.99. (A) Whoever violates section 5119.21 of the 90608
Revised Code is guilty of a misdemeanor of the first degree.90609

       (B) Whoever violates division (A)(1) of section 5119.86 of 90610
the Revised Code shall be fined two thousand dollars for a first 90611
offense; for each subsequent offense, such person shall be fined 90612
five thousand dollars.90613

        (C) Whoever violates division (C) of section 5119.81 or 90614
division (A)(2), (3), (4), (5), or (6), (B), (C), (D), (E), or (F) 90615
of section 5119.86 of the Revised Code shall be fined five hundred 90616
dollars for a first offense; for each subsequent offense, such 90617
person shall be fined one thousand dollars. 90618

       Sec. 5120.092.  There is hereby created in the state treasury 90619
the adult and juvenile correctional facilities bond retirement 90620
fund. The fund shall receive proceeds derived from the sale of 90621
state adult or juvenile correctional facilities. Investment income 90622
with respect to moneys on deposit in the fund shall be retained by 90623
the fund. No investment of moneys in, or transfer of moneys from, 90624
the fund shall be made if the effect of the investment or transfer 90625
would be to adversely affect the exclusion from gross income of 90626
the interest payable on state bonds issued for state adult or 90627
juvenile correctional facilities that have been sold under 90628
authority of Section 753.10 or 753.30 of the act in which this 90629
section was enacted. To the extent necessary to maintain the 90630
exclusion from gross income of the interest payable on those 90631
bonds, moneys in the fund shall first be used to redeem or defease 90632
the outstanding portion of such bonds. To accomplish the 90633
redemption or defeasance, the director of budget and management, 90634
at the request of the Ohio building authority, may direct that 90635
moneys in the fund be transferred to the appropriate trustees 90636
under the applicable bond trust agreements. Upon receipt of both 90637
(i) one or more opinions of a nationally recognized bond counsel 90638
firm appointed by the Ohio building authority stating that the 90639
aforementioned bonds have been redeemed or defeased and that the 90640
transfer of such moneys will not adversely affect the exclusion 90641
from gross income of the interest payable on such bonds, and (ii) 90642
a certification by both the director of administrative services 90643
and the director of rehabilitation and correction stating either 90644
that all sales of state adult and juvenile correctional facilities 90645
contemplated by Section 753.10 or 753.30 of the act in which this 90646
section was enacted have been completed or that no further sales 90647
of any such facilities will be undertaken, the director of budget 90648
and management may direct that any moneys remaining in the fund 90649
after the redemption or defeasance of the aforementioned bonds 90650
shall be transferred to the general revenue fund. Upon completion 90651
of that transfer, the adult and juvenile correctional facilities 90652
bond retirement fund shall be abolished.90653

       Sec. 5120.135.  (A) As used in this section, "laboratory 90654
services" includes the performance of medical laboratory analysis; 90655
professional laboratory and pathologist consultation; the 90656
procurement, storage, and distribution of laboratory supplies; and 90657
the performance of phlebotomy services.90658

       (B) The department of rehabilitation and correction shallmay90659
provide laboratory services to the departments of mental health, 90660
developmental disabilities, youth services, and rehabilitation and 90661
correction. The department of rehabilitation and correction may 90662
also provide laboratory services to other state, county, or 90663
municipal agencies and to private persons that request laboratory 90664
services if the department of rehabilitation and correction 90665
determines that the provision of laboratory services is in the 90666
public interest and considers it advisable to provide such 90667
services. The department of rehabilitation and correction may also 90668
provide laboratory services to agencies operated by the United 90669
States government and to public and private entities funded in 90670
whole or in part by the state if the director of rehabilitation 90671
and correction designates them as eligible to receive such 90672
services.90673

       The department of rehabilitation and correction shall provide 90674
laboratory services from a laboratory that complies with the 90675
standards for certification set by the United States department of 90676
health and human services under the "Clinical Laboratory 90677
Improvement Amendments of 1988," 102 Stat. 293, 42 U.S.C.A. 263a. 90678
In addition, the laboratory shall maintain accreditation or 90679
certification with an appropriate accrediting or certifying 90680
organization as considered necessary by the recipients of its 90681
laboratory services and as authorized by the director of 90682
rehabilitation and correction.90683

       (C) The cost of administering this section shall be 90684
determined by the department of rehabilitation and correction and 90685
shall be paid by entities that receive laboratory services to the 90686
department for deposit in the state treasury to the credit of the 90687
laboratory services fund, which is hereby created. The fund shall 90688
be used to pay the costs the department incurs in administering 90689
this section.90690

       (D) If the department of rehabilitation and correction does 90691
not provide laboratory services under this section in a 90692
satisfactory manner to the department of developmental 90693
disabilities, youth services, or mental health, the director of 90694
developmental disabilities, youth services, or mental health shall 90695
attempt to resolve the matter of the unsatisfactory provision of 90696
services with the director of rehabilitation and correction. If, 90697
after this attempt, the provision of laboratory services continues 90698
to be unsatisfactory, the director of developmental disabilities, 90699
youth services, or mental health shall notify the director of 90700
rehabilitation and correction regarding the continued 90701
unsatisfactory provision of laboratory services. If, within thirty 90702
days after the director receives this notice, the department of 90703
rehabilitation and correction does not provide the specified 90704
laboratory services in a satisfactory manner, the director of 90705
developmental disabilities, youth services, or mental health shall 90706
notify the director of rehabilitation and correction of the 90707
notifying director's intent to cease obtaining laboratory services 90708
from the department of rehabilitation and correction. Following 90709
the end of a cancellation period of sixty days that begins on the 90710
date of the notice, the department that sent the notice may obtain 90711
laboratory services from a provider other than the department of 90712
rehabilitation and correction, if the department that sent the 90713
notice certifies to the department of administrative services that 90714
the requirements of this division have been met.90715

       (E) Whenever a state agency fails to make a payment for 90716
laboratory services provided to it by the department of 90717
rehabilitation and correction under this section within thirty-one 90718
days after the date the payment was due, the office of budget and 90719
management may transfer moneys from that state agency to the 90720
department of rehabilitation and correction for deposit to the 90721
credit of the laboratory services fund. The amount transferred 90722
shall not exceed the amount of the overdue payments. Prior to 90723
making a transfer under this division, the office shall apply any 90724
credits the state agency has accumulated in payment for laboratory 90725
services provided under this section.90726

       Sec. 5120.17.  (A) As used in this section:90727

       (1) "Mental illness" means a substantial disorder of thought, 90728
mood, perception, orientation, or memory that grossly impairs 90729
judgment, behavior, capacity to recognize reality, or ability to 90730
meet the ordinary demands of life.90731

       (2) "Mentally ill person subject to hospitalization" means a 90732
mentally ill person to whom any of the following applies because 90733
of the person's mental illness:90734

       (a) The person represents a substantial risk of physical harm 90735
to the person as manifested by evidence of threats of, or attempts 90736
at, suicide or serious self-inflicted bodily harm.90737

       (b) The person represents a substantial risk of physical harm 90738
to others as manifested by evidence of recent homicidal or other 90739
violent behavior, evidence of recent threats that place another in 90740
reasonable fear of violent behavior and serious physical harm, or 90741
other evidence of present dangerousness.90742

       (c) The person represents a substantial and immediate risk of 90743
serious physical impairment or injury to the person as manifested 90744
by evidence that the person is unable to provide for and is not 90745
providing for the person's basic physical needs because of the 90746
person's mental illness and that appropriate provision for those 90747
needs cannot be made immediately available in the correctional 90748
institution in which the inmate is currently housed.90749

       (d) The person would benefit from treatment in a hospital for 90750
the person's mental illness and is in need of treatment in a 90751
hospital as manifested by evidence of behavior that creates a 90752
grave and imminent risk to substantial rights of others or the 90753
person.90754

       (3) "Psychiatric hospital" means all or part of a facility 90755
that is operated and managed by the department of rehabilitation 90756
and correction, is designated as a psychiatric hospitalmental 90757
health to provide psychiatric hospitalization services in 90758
accordance with the requirements of this section pursuant to an 90759
agreement between the directors of rehabilitation and correction 90760
and mental health or, is licensed by the department of mental 90761
health pursuant to section 5119.20 of the Revised Code,as a 90762
psychiatric hospital and is in substantial compliance with the 90763
standards set by the joint commission on accreditation of 90764
healthcare organizationsaccredited by a healthcare accrediting 90765
organization approved by the department of mental health and the 90766
psychiatric hospital is any of the following:90767

       (a) Operated and managed by the department of rehabilitation 90768
and correction within a facility that is operated by the 90769
department of rehabilitation and correction;90770

       (b) Operated and managed by a contractor for the department 90771
of rehabilitation and correction within a facility that is 90772
operated by the department of rehabilitation and correction;90773

       (c) Operated and managed in the community by an entity that 90774
has contracted with the department of rehabilitation and 90775
correction to provide psychiatric hospitalization services in 90776
accordance with the requirements of this section.90777

       (4) "Inmate patient" means an inmate who is admitted to a 90778
psychiatric hospital.90779

       (5) "Admitted" to a psychiatric hospital means being accepted 90780
for and staying at least one night at the psychiatric hospital.90781

       (6) "Treatment plan" means a written statement of reasonable 90782
objectives and goals for an inmate patient that is based on the 90783
needs of the inmate patient and that is established by the 90784
treatment team, with the active participation of the inmate 90785
patient and with documentation of that participation. "Treatment 90786
plan" includes all of the following:90787

       (a) The specific criteria to be used in evaluating progress 90788
toward achieving the objectives and goals;90789

       (b) The services to be provided to the inmate patient during 90790
the inmate patient's hospitalization;90791

       (c) The services to be provided to the inmate patient after 90792
discharge from the hospital, including, but not limited to, 90793
housing and mental health services provided at the state 90794
correctional institution to which the inmate patient returns after 90795
discharge or community mental health services.90796

       (7) "Mentally retarded person subject to institutionalization 90797
by court order" has the same meaning as in section 5123.01 of the 90798
Revised Code.90799

       (8) "Emergency transfer" means the transfer of a mentally ill 90800
inmate to a psychiatric hospital when the inmate presents an 90801
immediate danger to self or others and requires hospital-level 90802
care.90803

       (9) "Uncontested transfer" means the transfer of a mentally 90804
ill inmate to a psychiatric hospital when the inmate has the 90805
mental capacity to, and has waived, the hearing required by 90806
division (B) of this section.90807

       (10)(a) "Independent decision-maker" means a person who is 90808
employed or retained by the department of rehabilitation and 90809
correction and is appointed by the chief or chief clinical officer 90810
of mental health services as a hospitalization hearing officer to 90811
conduct due process hearings.90812

       (b) An independent decision-maker who presides over any 90813
hearing or issues any order pursuant to this section shall be a 90814
psychiatrist, psychologist, or attorney, shall not be specifically 90815
associated with the institution in which the inmate who is the 90816
subject of the hearing or order resides at the time of the hearing 90817
or order, and previously shall not have had any treatment 90818
relationship with nor have represented in any legal proceeding the 90819
inmate who is the subject of the order.90820

       (B)(1) Except as provided in division (C) of this section, if 90821
the warden of a state correctional institution or the warden's 90822
designee believes that an inmate should be transferred from the 90823
institution to a psychiatric hospital, the department shall hold a 90824
hearing to determine whether the inmate is a mentally ill person 90825
subject to hospitalization. The department shall conduct the 90826
hearing at the state correctional institution in which the inmate 90827
is confined, and the department shall provide qualified 90828
independent assistance to the inmate for the hearing. An 90829
independent decision-maker provided by the department shall 90830
preside at the hearing and determine whether the inmate is a 90831
mentally ill person subject to hospitalization.90832

       (2) Except as provided in division (C) of this section, prior 90833
to the hearing held pursuant to division (B)(1) of this section, 90834
the warden or the warden's designee shall give written notice to 90835
the inmate that the department is considering transferring the 90836
inmate to a psychiatric hospital, that it will hold a hearing on 90837
the proposed transfer at which the inmate may be present, that at 90838
the hearing the inmate has the rights described in division (B)(3) 90839
of this section, and that the department will provide qualified 90840
independent assistance to the inmate with respect to the hearing. 90841
The department shall not hold the hearing until the inmate has 90842
received written notice of the proposed transfer and has had 90843
sufficient time to consult with the person appointed by the 90844
department to provide assistance to the inmate and to prepare for 90845
a presentation at the hearing.90846

       (3) At the hearing held pursuant to division (B)(1) of this 90847
section, the department shall disclose to the inmate the evidence 90848
that it relies upon for the transfer and shall give the inmate an 90849
opportunity to be heard. Unless the independent decision-maker 90850
finds good cause for not permitting it, the inmate may present 90851
documentary evidence and the testimony of witnesses at the hearing 90852
and may confront and cross-examine witnesses called by the 90853
department.90854

       (4) If the independent decision-maker does not find clear and 90855
convincing evidence that the inmate is a mentally ill person 90856
subject to hospitalization, the department shall not transfer the 90857
inmate to a psychiatric hospital but shall continue to confine the 90858
inmate in the same state correctional institution or in another 90859
state correctional institution that the department considers 90860
appropriate. If the independent decision-maker finds clear and 90861
convincing evidence that the inmate is a mentally ill person 90862
subject to hospitalization, the decision-maker shall order that 90863
the inmate be transported to a psychiatric hospital for 90864
observation and treatment for a period of not longer than thirty 90865
days. After the hearing, the independent decision-maker shall 90866
submit to the department a written decision that states one of the 90867
findings described in division (B)(4) of this section, the 90868
evidence that the decision-maker relied on in reaching that 90869
conclusion, and, if the decision is that the inmate should be 90870
transferred, the reasons for the transfer.90871

       (C)(1) The department may transfer an inmate to a psychiatric 90872
hospital under an emergency transfer order if the chief clinical 90873
officer of mental health services of the department or that 90874
officer's designee and either a psychiatrist employed or retained 90875
by the department or, in the absence of a psychiatrist, a 90876
psychologist employed or retained by the department determines 90877
that the inmate is mentally ill, presents an immediate danger to 90878
self or others, and requires hospital-level care.90879

       (2) The department may transfer an inmate to a psychiatric 90880
hospital under an uncontested transfer order if both of the 90881
following apply:90882

       (a) A psychiatrist employed or retained by the department 90883
determines all of the following apply:90884

       (i) The inmate has a mental illness or is a mentally ill 90885
person subject to hospitalization.90886

       (ii) The inmate requires hospital care to address the mental 90887
illness.90888

       (iii) The inmate has the mental capacity to make a reasoned 90889
choice regarding the inmate's transfer to a hospital.90890

       (b) The inmate agrees to a transfer to a hospital.90891

       (3) The written notice and the hearing required under 90892
divisions (B)(1) and (2) of this section are not required for an 90893
emergency transfer or uncontested transfer under division (C)(1) 90894
or (2) of this section.90895

       (4) After an emergency transfer under division (C)(1) of this 90896
section, the department shall hold a hearing for continued 90897
hospitalization within five working days after admission of the 90898
transferred inmate to the psychiatric hospital. The department 90899
shall hold subsequent hearings pursuant to division (F) of this 90900
section at the same intervals as required for inmate patients who 90901
are transported to a psychiatric hospital under division (B)(4) of 90902
this section.90903

       (5) After an uncontested transfer under division (C)(2) of 90904
this section, the inmate may withdraw consent to the transfer in 90905
writing at any time. Upon the inmate's withdrawal of consent, the 90906
hospital shall discharge the inmate, or, within five working days, 90907
the department shall hold a hearing for continued hospitalization. 90908
The department shall hold subsequent hearings pursuant to division 90909
(F) of this section at the same time intervals as required for 90910
inmate patients who are transported to a psychiatric hospital 90911
under division (B)(4) of this section.90912

       (D)(1) If an independent decision-maker, pursuant to division 90913
(B)(4) of this section, orders an inmate transported to a 90914
psychiatric hospital or if an inmate is transferred pursuant to 90915
division (C)(1) or (2) of this section, the staff of the 90916
psychiatric hospital shall examine the inmate patient when 90917
admitted to the psychiatric hospital as soon as practicable after 90918
the inmate patient arrives at the hospital and no later than 90919
twenty-four hours after the time of arrival. The attending 90920
physician responsible for the inmate patient's care shall give the 90921
inmate patient all information necessary to enable the patient to 90922
give a fully informed, intelligent, and knowing consent to the 90923
treatment the inmate patient will receive in the hospital. The 90924
attending physician shall tell the inmate patient the expected 90925
physical and medical consequences of any proposed treatment and 90926
shall give the inmate patient the opportunity to consult with 90927
another psychiatrist at the hospital and with the inmate advisor.90928

       (2) No inmate patient who is transported or transferred 90929
pursuant to division (B)(4) or (C)(1) or (2) of this section to a 90930
psychiatric hospital pursuant to division (B)(4) or (C)(1) or (2) 90931
of this section and who is in the physical custody ofwithin a 90932
facility that is operated by the department of rehabilitation and 90933
correction shall be subjected to any of the following procedures:90934

       (a) Convulsive therapy;90935

       (b) Major aversive interventions;90936

       (c) Any unusually hazardous treatment procedures;90937

       (d) Psychosurgery.90938

       (E) The warden of the psychiatric hospital or the warden's 90939
designeedepartment of rehabilitation and correction shall ensure 90940
that an inmate patient hospitalized pursuant to this section 90941
receives or has all of the following:90942

       (1) Receives sufficient professional care within twenty days 90943
of admission to ensure that an evaluation of the inmate patient's 90944
current status, differential diagnosis, probable prognosis, and 90945
description of the current treatment plan have been formulated and 90946
are stated on the inmate patient's official chart;90947

       (2) Has a written treatment plan consistent with the 90948
evaluation, diagnosis, prognosis, and goals of treatment;90949

       (3) Receives treatment consistent with the treatment plan;90950

       (4) Receives periodic reevaluations of the treatment plan by 90951
the professional staff at intervals not to exceed thirty days;90952

       (5) Is provided with adequate medical treatment for physical 90953
disease or injury;90954

       (6) Receives humane care and treatment, including, without 90955
being limited to, the following:90956

       (a) Access to the facilities and personnel required by the 90957
treatment plan;90958

       (b) A humane psychological and physical environment;90959

       (c) The right to obtain current information concerning the 90960
treatment program, the expected outcomes of treatment, and the 90961
expectations for the inmate patient's participation in the 90962
treatment program in terms that the inmate patient reasonably can 90963
understand;90964

       (d) Opportunity for participation in programs designed to 90965
help the inmate patient acquire the skills needed to work toward 90966
discharge from the psychiatric hospital;90967

       (e) The right to be free from unnecessary or excessive 90968
medication and from unnecessary restraints or isolation;90969

       (f) All other rights afforded inmates in the custody of the 90970
department consistent with rules, policy, and procedure of the 90971
department.90972

       (F) The department shall hold a hearing for the continued 90973
hospitalization of an inmate patient who is transported or 90974
transferred to a psychiatric hospital pursuant to division (B)(4) 90975
or (C)(1) of this section prior to the expiration of the initial 90976
thirty-day period of hospitalization. The department shall hold 90977
any subsequent hearings, if necessary, not later than ninety days 90978
after the first thirty-day hearing and then not later than each 90979
one hundred and eighty days after the immediately prior hearing. 90980
An independent decision-maker shall conduct the hearings at the 90981
psychiatric hospital in which the inmate patient is confined. The 90982
inmate patient shall be afforded all of the rights set forth in 90983
this section for the hearing prior to transfer to the psychiatric 90984
hospital. The department may not waive a hearing for continued 90985
commitment. A hearing for continued commitment is mandatory for an 90986
inmate patient transported or transferred to a psychiatric 90987
hospital pursuant to division (B)(4) or (C)(1) of this section 90988
unless the inmate patient has the capacity to make a reasoned 90989
choice to execute a waiver and waives the hearing in writing. An 90990
inmate patient who is transferred to a psychiatric hospital 90991
pursuant to an uncontested transfer under division (C)(2) of this 90992
section and who has scheduled hearings after withdrawal of consent 90993
for hospitalization may waive any of the scheduled hearings if the 90994
inmate has the capacity to make a reasoned choice and executes a 90995
written waiver of the hearing.90996

       If upon completion of the hearing the independent 90997
decision-maker does not find by clear and convincing evidence that 90998
the inmate patient is a mentally ill person subject to 90999
hospitalization, the independent decision-maker shall order the 91000
inmate patient's discharge from the psychiatric hospital. If the 91001
independent decision-maker finds by clear and convincing evidence 91002
that the inmate patient is a mentally ill person subject to 91003
hospitalization, the independent decision-maker shall order that 91004
the inmate patient remain at the psychiatric hospital for 91005
continued hospitalization until the next required hearing.91006

       If at any time prior to the next required hearing for 91007
continued hospitalization, the medical director of the hospital or 91008
the attending physician determines that the treatment needs of the 91009
inmate patient could be met equally well in an available and 91010
appropriate less restrictive state correctional institution or 91011
unit, the medical director or attending physician may discharge 91012
the inmate to that facility.91013

       (G) An inmate patient is entitled to the credits toward the 91014
reduction of the inmate patient's stated prison term pursuant to 91015
Chapters 2967. and 5120. of the Revised Code under the same terms 91016
and conditions as if the inmate patient were in any other 91017
institution of the department of rehabilitation and correction.91018

       (H) The adult parole authority may place an inmate patient on 91019
parole or under post-release control directly from a psychiatric 91020
hospital.91021

       (I) If an inmate patient who is a mentally ill person subject 91022
to hospitalization is to be released from a psychiatric hospital 91023
because of the expiration of the inmate patient's stated prison 91024
term, the warden of the psychiatric hospitaldirector of 91025
rehabilitation and correction or the director's designee, at least 91026
fourteen days before the expiration date, may file an affidavit 91027
under section 5122.11 or 5123.71 of the Revised Code with the 91028
probate court in the county where the psychiatric hospital is 91029
located or the probate court in the county where the inmate will 91030
reside, alleging that the inmate patient is a mentally ill person 91031
subject to hospitalization by court order or a mentally retarded 91032
person subject to institutionalization by court order, whichever 91033
is applicable. The proceedings in the probate court shall be 91034
conducted pursuant to Chapter 5122. or 5123. of the Revised Code 91035
except as modified by this division.91036

       Upon the request of the inmate patient, the probate court 91037
shall grant the inmate patient an initial hearing under section 91038
5122.141 of the Revised Code or a probable cause hearing under 91039
section 5123.75 of the Revised Code before the expiration of the 91040
stated prison term. After holding a full hearing, the probate 91041
court shall make a disposition authorized by section 5122.15 or 91042
5123.76 of the Revised Code before the date of the expiration of 91043
the stated prison term. No inmate patient shall be held in the 91044
custody of the department of rehabilitation and correction past 91045
the date of the expiration of the inmate patient's stated prison 91046
term.91047

       (J) The department of rehabilitation and correction shall set 91048
standards for treatment provided to inmate patients, consistent 91049
where applicable with the standards set by the joint commission on 91050
accreditation of healthcare organizations.91051

       (K) A certificate, application, record, or report that is 91052
made in compliance with this section and that directly or 91053
indirectly identifies an inmate or former inmate whose 91054
hospitalization has been sought under this section is 91055
confidential. No person shall disclose the contents of any 91056
certificate, application, record, or report of that nature or any 91057
other psychiatric or medical record or report regarding a mentally 91058
ill inmate unless one of the following applies:91059

       (1) The person identified, or the person's legal guardian, if 91060
any, consents to disclosure, and the chief clinical officer or 91061
designee of mental health services of the department of 91062
rehabilitation and correction determines that disclosure is in the 91063
best interests of the person.91064

       (2) Disclosure is required by a court order signed by a 91065
judge.91066

       (3) An inmate patient seeks access to the inmate patient's 91067
own psychiatric and medical records, unless access is specifically 91068
restricted in the treatment plan for clear treatment reasons.91069

       (4) Hospitals and other institutions and facilities within 91070
the department of rehabilitation and correction may exchange 91071
psychiatric records and other pertinent information with other 91072
hospitals, institutions, and facilities of the department, but the 91073
information that may be released about an inmate patient is 91074
limited to medication history, physical health status and history, 91075
summary of course of treatment in the hospital, summary of 91076
treatment needs, and a discharge summary, if any.91077

       (5) An inmate patient's family member who is involved in 91078
planning, providing, and monitoring services to the inmate patient 91079
may receive medication information, a summary of the inmate 91080
patient's diagnosis and prognosis, and a list of the services and 91081
personnel available to assist the inmate patient and family if the 91082
attending physician determines that disclosure would be in the 91083
best interest of the inmate patient. No disclosure shall be made 91084
under this division unless the inmate patient is notified of the 91085
possible disclosure, receives the information to be disclosed, and 91086
does not object to the disclosure.91087

       (6) The department of rehabilitation and correction may 91088
exchange psychiatric hospitalization records, other mental health 91089
treatment records, and other pertinent information with county 91090
sheriffs' offices, hospitals, institutions, and facilities of the 91091
department of mental health and with community mental health 91092
agencies and boards of alcohol, drug addiction, and mental health 91093
services with which the department of mental health has a current 91094
agreement for patient care or services to ensure continuity of 91095
care. Disclosure under this division is limited to records 91096
regarding a mentally ill inmate's medication history, physical 91097
health status and history, summary of course of treatment, summary 91098
of treatment needs, and a discharge summary, if any. No office, 91099
department, agency, or board shall disclose the records and other 91100
information unless one of the following applies:91101

       (a) The mentally ill inmate is notified of the possible 91102
disclosure and consents to the disclosure.91103

       (b) The mentally ill inmate is notified of the possible 91104
disclosure, an attempt to gain the consent of the inmate is made, 91105
and the office, department, agency, or board documents the attempt 91106
to gain consent, the inmate's objections, if any, and the reasons 91107
for disclosure in spite of the inmate's objections.91108

       (7) Information may be disclosed to staff members designated 91109
by the director of rehabilitation and correction for the purpose 91110
of evaluating the quality, effectiveness, and efficiency of 91111
services and determining if the services meet minimum standards.91112

       The name of an inmate patient shall not be retained with the 91113
information obtained during the evaluations.91114

       (L) The director of rehabilitation and correction may adopt 91115
rules setting forth guidelines for the procedures required under 91116
divisions (B), (C)(1), and (C)(2) of this section.91117

       Sec. 5120.28.  (A) The department of rehabilitation and 91118
correction, subject to the approval of the office of budget and 91119
management, shall fix the prices at which all labor and services 91120
performed, all agricultural products produced, and all articles 91121
manufactured in correctional and penal institutions shall be 91122
furnished to the state, the political subdivisions of the state, 91123
and the public institutions of the state and the political 91124
subdivisions, and to private persons. The prices shall be uniform 91125
to all and not higher than the usual market price for like labor, 91126
products, services, and articles.91127

       (B) Any money received by the department of rehabilitation 91128
and correction for labor and services performed and, agricultural 91129
products produced, and articles manufactured in penal and 91130
correctional institutions shall be deposited into the 91131
institutional services and agricultural fund created pursuant to 91132
division (A) of section 5120.29 of the Revised Code and shall be 91133
used and accounted for as provided in that section and division 91134
(B) of section 5145.03 of the Revised Code.91135

       (C) Any money received by the department of rehabilitation 91136
and correction for articles manufactured in penal and correctional 91137
institutions shall be deposited into the Ohio penal industries 91138
manufacturing fund created pursuant to division (B) of section 91139
5120.29 of the Revised Code and shall be used and accounted for as 91140
provided in that section and division (B) of section 5145.03 of 91141
the Revised Code.91142

       Sec. 5120.29.  (A) There is hereby created, in the state 91143
treasury, the institutional services and agricultural fund, which 91144
shall be used for the:91145

       (1) Purchase of material, supplies, and equipment and the 91146
erection and extension of buildings used in service industries and 91147
agricultureservices provided between institutions of the 91148
department of rehabilitation and correction;91149

       (2) Purchase of lands and buildings necessary to carry on or 91150
extend the service industries and agriculture, upon the approval 91151
of the governor;91152

       (3) Payment of compensation to employees necessary to carry 91153
on the service industries and agricultureinstitutional services;91154

       (4)(3) Payment of prisoners confined in state correctional 91155
institutions a portion of their earnings in accordance with rules 91156
adopted pursuant to section 5145.03 of the Revised Code.91157

       (B) There is hereby created, in the state treasury, the Ohio 91158
penal industries manufacturing fund, which shall be used for the:91159

       (1) Purchase of material, supplies, and equipment and the 91160
erection and extension of buildings used in manufacturing 91161
industries and agriculture;91162

       (2) Purchase of lands and buildings necessary to carry on or 91163
extend the manufacturing industries and agriculture upon the 91164
approval of the governor;91165

       (3) Payment of compensation to employees necessary to carry 91166
on the manufacturing industries and agriculture;91167

       (4) Payment of prisoners confined in state correctional 91168
institutions a portion of their earnings in accordance with rules 91169
adopted pursuant to section 5145.03 of the Revised Code.91170

       (C) The department of rehabilitation and correction shall, in 91171
accordance with rules adopted pursuant to section 5145.03 of the 91172
Revised Code and subject to any pledge made as provided in 91173
division (D) of this section, place to the credit of each prisoner 91174
histhe prisoner's earnings and pay the earnings so credited to 91175
the prisoner or histhe prisoner's family.91176

       (D) Receipts credited to the funds created in divisions (A) 91177
and (B) of this section constitute available receipts as defined 91178
in section 152.09 of the Revised Code, and may be pledged to the 91179
payment of bond service charges on obligations issued by the Ohio 91180
building authority pursuant to Chapter 152. of the Revised Code to 91181
construct, reconstruct, or otherwise improve capital facilities 91182
useful to the department. The authority may, with the consent of 91183
the department, provide in the bond proceedings for a pledge of 91184
all or such portion of receipts credited to the funds as the 91185
authority determines. The authority may provide in the bond 91186
proceedings for the transfer of receipts credited to the funds to 91187
the appropriate bond service fund or bond service reserve fund as 91188
required to pay the bond service charges when due, and any such 91189
provision for the transfer of receipts shall be controlling 91190
notwithstanding any other provision of law pertaining to such 91191
receipts.91192

       All receipts received by the treasurer of state on account of 91193
the department and required by the applicable bond proceedings to 91194
be deposited, transferred, or credited to the bond service fund or 91195
bond service reserve fund established by such bond proceedings 91196
shall be transferred by the treasurer of state to such fund, 91197
whether or not such fund is in the custody of the treasurer of 91198
state, without necessity for further appropriation, upon receipt 91199
of notice from the Ohio building authority as prescribed in the 91200
bond proceedings. The authority may covenant in the bond 91201
proceedings that so long as any obligations are outstanding to 91202
which receipts credited to the fund are pledged, the state and the 91203
department shall neither reduce the prices charged pursuant to 91204
section 5120.28 of the Revised Code nor the level of manpower 91205
collectively devoted to the production of goods and services for 91206
which prices are set pursuant to section 5120.28 of the Revised 91207
Code, which covenant shall be controlling notwithstanding any 91208
other provision of law; provided, that no covenant shall require 91209
the general assembly to appropriate money derived from the levying 91210
of excises or taxes to purchase such goods and services or to pay 91211
rent or bond service charges.91212

       Sec. 5122.01.  As used in this chapter and Chapter 5119. of 91213
the Revised Code:91214

       (A) "Mental illness" means a substantial disorder of thought, 91215
mood, perception, orientation, or memory that grossly impairs 91216
judgment, behavior, capacity to recognize reality, or ability to 91217
meet the ordinary demands of life.91218

       (B) "Mentally ill person subject to hospitalization by court 91219
order" means a mentally ill person who, because of the person's 91220
illness:91221

       (1) Represents a substantial risk of physical harm to self as 91222
manifested by evidence of threats of, or attempts at, suicide or 91223
serious self-inflicted bodily harm;91224

       (2) Represents a substantial risk of physical harm to others 91225
as manifested by evidence of recent homicidal or other violent 91226
behavior, evidence of recent threats that place another in 91227
reasonable fear of violent behavior and serious physical harm, or 91228
other evidence of present dangerousness;91229

       (3) Represents a substantial and immediate risk of serious 91230
physical impairment or injury to self as manifested by evidence 91231
that the person is unable to provide for and is not providing for 91232
the person's basic physical needs because of the person's mental 91233
illness and that appropriate provision for those needs cannot be 91234
made immediately available in the community; or91235

       (4) Would benefit from treatment in a hospital for the 91236
person's mental illness and is in need of such treatment as 91237
manifested by evidence of behavior that creates a grave and 91238
imminent risk to substantial rights of others or the person.91239

       (C)(1) "Patient" means, subject to division (C)(2) of this 91240
section, a person who is admitted either voluntarily or 91241
involuntarily to a hospital or other place under section 2945.39, 91242
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a 91243
finding of not guilty by reason of insanity or incompetence to 91244
stand trial or under this chapter, who is under observation or 91245
receiving treatment in such place.91246

       (2) "Patient" does not include a person admitted to a 91247
hospital or other place under section 2945.39, 2945.40, 2945.401, 91248
or 2945.402 of the Revised Code to the extent that the reference 91249
in this chapter to patient, or the context in which the reference 91250
occurs, is in conflict with any provision of sections 2945.37 to 91251
2945.402 of the Revised Code.91252

       (D) "Licensed physician" means a person licensed under the 91253
laws of this state to practice medicine or a medical officer of 91254
the government of the United States while in this state in the 91255
performance of the person's official duties.91256

       (E) "Psychiatrist" means a licensed physician who has 91257
satisfactorily completed a residency training program in 91258
psychiatry, as approved by the residency review committee of the 91259
American medical association, the committee on post-graduate 91260
education of the American osteopathic association, or the American 91261
osteopathic board of neurology and psychiatry, or who on July 1, 91262
1989, has been recognized as a psychiatrist by the Ohio state 91263
medical association or the Ohio osteopathic association on the 91264
basis of formal training and five or more years of medical 91265
practice limited to psychiatry.91266

       (F) "Hospital" means a hospital or inpatient unit licensed by 91267
the department of mental health under section 5119.20 of the 91268
Revised Code, and any institution, hospital, or other place 91269
established, controlled, or supervised by the department under 91270
Chapter 5119. of the Revised Code.91271

       (G) "Public hospital" means a facility that is tax-supported 91272
and under the jurisdiction of the department of mental health.91273

       (H) "Community mental health agency" means anyan agency, 91274
program, or facility with which a board of alcohol, drug 91275
addiction, and mental health services contracts to provide the91276
that provides community mental health services listed inthat are 91277
certified by the director of mental health under section 340.0991278
5119.611 of the Revised Code.91279

       (I) "Licensed clinical psychologist" means a person who holds 91280
a current valid psychologist license issued under section 4732.12 91281
or 4732.15 of the Revised Code, and in addition, meets either of 91282
the following criteria:91283

       (1) Meets the educational requirements set forth in division 91284
(B) of section 4732.10 of the Revised Code and has a minimum of 91285
two years' full-time professional experience, or the equivalent as 91286
determined by rule of the state board of psychology, at least one 91287
year of which shall be a predoctoral internship, in clinical 91288
psychological work in a public or private hospital or clinic or in 91289
private practice, diagnosing and treating problems of mental 91290
illness or mental retardation under the supervision of a 91291
psychologist who is licensed or who holds a diploma issued by the 91292
American board of professional psychology, or whose qualifications 91293
are substantially similar to those required for licensure by the 91294
state board of psychology when the supervision has occurred prior 91295
to enactment of laws governing the practice of psychology;91296

       (2) Meets the educational requirements set forth in division 91297
(B) of section 4732.15 of the Revised Code and has a minimum of 91298
four years' full-time professional experience, or the equivalent 91299
as determined by rule of the state board of psychology, in 91300
clinical psychological work in a public or private hospital or 91301
clinic or in private practice, diagnosing and treating problems of 91302
mental illness or mental retardation under supervision, as set 91303
forth in division (I)(1) of this section.91304

       (J) "Health officer" means any public health physician; 91305
public health nurse; or other person authorized by or designated 91306
by a city health district; a general health district; or a board 91307
of alcohol, drug addiction, and mental health services to perform 91308
the duties of a health officer under this chapter.91309

       (K) "Chief clinical officer" means the medical director of a 91310
hospital, or a community mental health agency, or a board of 91311
alcohol, drug addiction, and mental health services, or, if there 91312
is no medical director, the licensed physician responsible for the 91313
treatment a hospital or community mental health agency provides. 91314
The chief clinical officer may delegate to the attending physician 91315
responsible for a patient's care the duties imposed on the chief 91316
clinical officer by this chapter. Within a community mental health 91317
agency, the chief clinical officer shall be designated by the 91318
governing body of the agency and shall be a licensed physician or 91319
licensed clinical psychologist who supervises diagnostic and 91320
treatment services. A licensed physician or licensed clinical 91321
psychologist designated by the chief clinical officer may perform 91322
the duties and accept the responsibilities of the chief clinical 91323
officer in the chief clinical officer's absence.91324

       (L) "Working day" or "court day" means Monday, Tuesday, 91325
Wednesday, Thursday, and Friday, except when such day is a 91326
holiday.91327

       (M) "Indigent" means unable without deprivation of 91328
satisfaction of basic needs to provide for the payment of an 91329
attorney and other necessary expenses of legal representation, 91330
including expert testimony.91331

       (N) "Respondent" means the person whose detention, 91332
commitment, hospitalization, continued hospitalization or 91333
commitment, or discharge is being sought in any proceeding under 91334
this chapter.91335

       (O) "Legal rights service" means the service established 91336
under"Ohio protection and advocacy system" has the same meaning 91337
as in section 5123.60 of the Revised Code.91338

       (P) "Independent expert evaluation" means an evaluation 91339
conducted by a licensed clinical psychologist, psychiatrist, or 91340
licensed physician who has been selected by the respondent or the 91341
respondent's counsel and who consents to conducting the 91342
evaluation.91343

       (Q) "Court" means the probate division of the court of common 91344
pleas.91345

       (R) "Expunge" means:91346

       (1) The removal and destruction of court files and records, 91347
originals and copies, and the deletion of all index references;91348

       (2) The reporting to the person of the nature and extent of 91349
any information about the person transmitted to any other person 91350
by the court;91351

       (3) Otherwise insuring that any examination of court files 91352
and records in question shall show no record whatever with respect 91353
to the person;91354

       (4) That all rights and privileges are restored, and that the 91355
person, the court, and any other person may properly reply that no 91356
such record exists, as to any matter expunged.91357

       (S) "Residence" means a person's physical presence in a 91358
county with intent to remain there, except that:91359

       (1) If a person is receiving a mental health service at a 91360
facility that includes nighttime sleeping accommodations, 91361
residence means that county in which the person maintained the 91362
person's primary place of residence at the time the person entered 91363
the facility;91364

       (2) If a person is committed pursuant to section 2945.38, 91365
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code, 91366
residence means the county where the criminal charges were filed.91367

       When the residence of a person is disputed, the matter of 91368
residence shall be referred to the department of mental health for 91369
investigation and determination. Residence shall not be a basis 91370
for a board's denying services to any person present in the 91371
board's service district, and the board shall provide services for 91372
a person whose residence is in dispute while residence is being 91373
determined and for a person in an emergency situation.91374

       (T) "Admission" to a hospital or other place means that a 91375
patient is accepted for and stays at least one night at the 91376
hospital or other place.91377

       (U) "Prosecutor" means the prosecuting attorney, village 91378
solicitor, city director of law, or similar chief legal officer 91379
who prosecuted a criminal case in which a person was found not 91380
guilty by reason of insanity, who would have had the authority to 91381
prosecute a criminal case against a person if the person had not 91382
been found incompetent to stand trial, or who prosecuted a case in 91383
which a person was found guilty.91384

       (V) "Treatment plan" means a written statement of reasonable 91385
objectives and goals for an individual established by the 91386
treatment team, with specific criteria to evaluate progress 91387
towards achieving those objectives. The active participation of 91388
the patient in establishing the objectives and goals shall be 91389
documented. The treatment plan shall be based on patient needs and 91390
include services to be provided to the patient while the patient 91391
is hospitalized and after the patient is discharged. The treatment 91392
plan shall address services to be provided upon discharge, 91393
including but not limited to housing, financial, and vocational 91394
services.91395

       (W) "Community control sanction" has the same meaning as in 91396
section 2929.01 of the Revised Code.91397

       (X) "Post-release control sanction" has the same meaning as 91398
in section 2967.01 of the Revised Code.91399

       Sec. 5122.02.  (A) Except as provided in division (D) of this 91400
section, any person who is eighteen years of age or older and who 91401
is, appears to be, or believes self to be mentally ill may make 91402
written application for voluntary admission to the chief medical 91403
officer of a hospital.91404

       (B) Except as provided in division (D) of this section, the 91405
application also may be made on behalf of a minor by a parent, a 91406
guardian of the person, or the person with custody of the minor, 91407
and on behalf of an adult incompetent person by the guardian or 91408
the person with custody of the incompetent person.91409

       Any person whose admission is applied for under division (A) 91410
or (B) of this section may be admitted for observation, diagnosis, 91411
care, or treatment, in any hospital unless the chief clinical 91412
officer finds that hospitalization is inappropriate, and except 91413
that, in the case of a public hospital, no person shall be 91414
admitted without the authorization of the board of the person's 91415
county of residence.91416

       (C) If a minor or person adjudicated incompetent due to 91417
mental illness whose voluntary admission is applied for under 91418
division (B) of this section is admitted, the court shall 91419
determine, upon petition by the legal rights service, private or 91420
otherwise appointed counsel, a relative, or one acting as next 91421
friend, whether the admission or continued hospitalization is in 91422
the best interest of the minor or incompetent.91423

       The chief clinical officer shall discharge any voluntary 91424
patient who has recovered or whose hospitalization the officer 91425
determines to be no longer advisable and may discharge any 91426
voluntary patient who refuses to accept treatment consistent with 91427
the written treatment plan required by section 5122.27 of the 91428
Revised Code.91429

       (D) A person who is found incompetent to stand trial or not 91430
guilty by reason of insanity and who is committed pursuant to 91431
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised 91432
Code shall not voluntarily admit himself or herselfthe person or 91433
be voluntarily admitted to a hospital pursuant to this section 91434
until after the final termination of the commitment, as described 91435
in division (J) of section 2945.401 of the Revised Code.91436

       Sec. 5122.15.  (A) Full hearings shall be conducted in a 91437
manner consistent with this chapter and with due process of law. 91438
The hearings shall be conducted by a judge of the probate court or 91439
a referee designated by a judge of the probate court and may be 91440
conducted in or out of the county in which the respondent is held. 91441
Any referee designated under this division shall be an attorney.91442

       (1) With the consent of the respondent, the following shall 91443
be made available to counsel for the respondent:91444

       (a) All relevant documents, information, and evidence in the 91445
custody or control of the state or prosecutor;91446

       (b) All relevant documents, information, and evidence in the 91447
custody or control of the hospital in which the respondent 91448
currently is held, or in which the respondent has been held 91449
pursuant to this chapter;91450

       (c) All relevant documents, information, and evidence in the 91451
custody or control of any hospital, facility, or person not 91452
included in division (A)(1)(a) or (b) of this section.91453

       (2) The respondent has the right to attend the hearing and to 91454
be represented by counsel of the respondent's choice. The right to 91455
attend the hearing may be waived only by the respondent or counsel 91456
for the respondent after consultation with the respondent.91457

       (3) If the respondent is not represented by counsel, is 91458
absent from the hearing, and has not validly waived the right to 91459
counsel, the court shall appoint counsel immediately to represent 91460
the respondent at the hearing, reserving the right to tax costs of 91461
appointed counsel to the respondent, unless it is shown that the 91462
respondent is indigent. If the court appoints counsel, or if the 91463
court determines that the evidence relevant to the respondent's 91464
absence does not justify the absence, the court shall continue the 91465
case.91466

       (4) The respondent shall be informed that the respondent may 91467
retain counsel and have independent expert evaluation. If the 91468
respondent is unable to obtain an attorney, the respondent shall 91469
be represented by court-appointed counsel. If the respondent is 91470
indigent, court-appointed counsel and independent expert 91471
evaluation shall be provided as an expense under section 5122.43 91472
of the Revised Code.91473

       (5) The hearing shall be closed to the public, unless counsel 91474
for the respondent, with the permission of the respondent, 91475
requests that the hearing be open to the public.91476

       (6) If the hearing is closed to the public, the court, for 91477
good cause shown, may admit persons who have a legitimate interest 91478
in the proceedings. If the respondent, the respondent's counsel, 91479
the designee of the director or of the chief clinical officer 91480
objects to the admission of any person, the court shall hear the 91481
objection and any opposing argument and shall rule upon the 91482
admission of the person to the hearing.91483

       (7) The affiant under section 5122.11 of the Revised Code 91484
shall be subject to subpoena by either party.91485

       (8) The court shall examine the sufficiency of all documents 91486
filed and shall inform the respondent, if present, and the 91487
respondent's counsel of the nature and content of the documents 91488
and the reason for which the respondent is being detained, or for 91489
which the respondent's placement is being sought.91490

       (9) The court shall receive only reliable, competent, and 91491
material evidence.91492

       (10) Unless proceedings are initiated pursuant to section 91493
5120.17 or 5139.08 of the Revised Code or proceedings are 91494
initiated regarding a resident of the service district of a board 91495
of alcohol, drug addiction, and mental health services that elects 91496
under division (B)(3)(b)(C)(2) of section 5119.62 of the Revised 91497
Code not to accept the amount allocated to it under division 91498
(B)(1) of that section, an attorney that the board designates 91499
shall present the case demonstrating that the respondent is a 91500
mentally ill person subject to hospitalization by court order. The 91501
attorney shall offer evidence of the diagnosis, prognosis, record 91502
of treatment, if any, and less restrictive treatment plans, if 91503
any. In proceedings pursuant to section 5120.17 or 5139.08 of the 91504
Revised Code and in proceedings in which the respondent is a 91505
resident of a service district of a board that elects under 91506
division (B)(3)(b)(C)(2) of section 5119.62 of the Revised Code 91507
not to accept the amount allocated to it under division (B)(1) of91508
that section, the attorney general shall designate an attorney who 91509
shall present the case demonstrating that the respondent is a 91510
mentally ill person subject to hospitalization by court order. The 91511
attorney shall offer evidence of the diagnosis, prognosis, record 91512
of treatment, if any, and less restrictive treatment plans, if 91513
any.91514

       (11) The respondent or the respondent's counsel has the right 91515
to subpoena witnesses and documents and to examine and 91516
cross-examine witnesses.91517

       (12) The respondent has the right, but shall not be 91518
compelled, to testify, and shall be so advised by the court.91519

       (13) On motion of the respondent or the respondent's counsel 91520
for good cause shown, or on the court's own motion, the court may 91521
order a continuance of the hearing.91522

       (14) If the respondent is represented by counsel and the 91523
respondent's counsel requests a transcript and record, or if the 91524
respondent is not represented by counsel, the court shall make and 91525
maintain a full transcript and record of the proceeding. If the 91526
respondent is indigent and the transcript and record is made, a 91527
copy shall be provided to the respondent upon request and be 91528
treated as an expense under section 5122.43 of the Revised Code.91529

       (15) To the extent not inconsistent with this chapter, the 91530
Rules of Civil Procedure are applicable.91531

       (B) Unless, upon completion of the hearing the court finds by 91532
clear and convincing evidence that the respondent is a mentally 91533
ill person subject to hospitalization by court order, it shall 91534
order the respondent's discharge immediately.91535

       (C) If, upon completion of the hearing, the court finds by 91536
clear and convincing evidence that the respondent is a mentally 91537
ill person subject to hospitalization by court order, the court 91538
shall order the respondent for a period not to exceed ninety days 91539
to any of the following:91540

       (1) A hospital operated by the department of mental health if 91541
the respondent is committed pursuant to section 5139.08 of the 91542
Revised Code;91543

       (2) A nonpublic hospital;91544

       (3) The veterans' administration or other agency of the 91545
United States government;91546

       (4) A board of alcohol, drug addiction, and mental health 91547
services or agency the board designates;91548

       (5) Receive private psychiatric or psychological care and 91549
treatment;91550

       (6) Any other suitable facility or person consistent with the 91551
diagnosis, prognosis, and treatment needs of the respondent.91552

       (D) Any order made pursuant to division (C)(2), (3), (5), or 91553
(6) of this section shall be conditioned upon the receipt by the 91554
court of consent by the hospital, facility, agency, or person to 91555
accept the respondent.91556

       (E) In determining the place to which, or the person with 91557
whom, the respondent is to be committed, the court shall consider 91558
the diagnosis, prognosis, preferences of the respondent and the 91559
projected treatment plan for the respondent and shall order the 91560
implementation of the least restrictive alternative available and 91561
consistent with treatment goals. If the court determines that the 91562
least restrictive alternative available that is consistent with 91563
treatment goals is inpatient hospitalization, the court's order 91564
shall so state.91565

       (F) During such ninety-day period the hospital; facility; 91566
board of alcohol, drug addiction, and mental health services; 91567
agency the board designates; or person shall examine and treat the 91568
individual. If, at any time prior to the expiration of the 91569
ninety-day period, it is determined by the hospital, facility, 91570
board, agency, or person that the respondent's treatment needs 91571
could be equally well met in an available and appropriate less 91572
restrictive environment, both of the following apply:91573

       (1) The respondent shall be released from the care of the 91574
hospital, agency, facility, or person immediately and shall be 91575
referred to the court together with a report of the findings and 91576
recommendations of the hospital, agency, facility, or person; and91577

       (2) The hospital, agency, facility, or person shall notify 91578
the respondent's counsel or the attorney designated by a board of 91579
alcohol, drug addiction, and mental health services or, if the 91580
respondent was committed to a board or an agency designated by the 91581
board, it shall place the respondent in the least restrictive 91582
environment available consistent with treatment goals and notify 91583
the court and the respondent's counsel of the placement.91584

       The court shall dismiss the case or order placement in the 91585
least restrictive environment.91586

       (G)(1) Except as provided in divisions (G)(2) and (3) of this 91587
section, any person who has been committed under this section, or 91588
for whom proceedings for hospitalization have been commenced 91589
pursuant to section 5122.11 of the Revised Code, may apply at any 91590
time for voluntary admission to the hospital, facility, agency 91591
that the board designates, or person to which the person was 91592
committed. Upon admission as a voluntary patient the chief 91593
clinical officer of the hospital, agency, or other facility, or 91594
the person immediately shall notify the court, the patient's 91595
counsel, and the attorney designated by the board, if the attorney 91596
has entered the proceedings, in writing of that fact, and, upon 91597
receipt of the notice, the court shall dismiss the case. 91598

       (2) A person who is found incompetent to stand trial or not 91599
guilty by reason of insanity and who is committed pursuant to 91600
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised 91601
Code shall not voluntarily commit the person pursuant to this 91602
section until after the final termination of the commitment, as 91603
described in division (J) of section 2945.401 of the Revised Code.91604

       (H) If, at the end of the first ninety-day period or any 91605
subsequent period of continued commitment, there has been no 91606
disposition of the case, either by discharge or voluntary 91607
admission, the hospital, facility, board, agency, or person shall 91608
discharge the patient immediately, unless at least ten days before 91609
the expiration of the period the attorney the board designates or 91610
the prosecutor files with the court an application for continued 91611
commitment. The application of the attorney or the prosecutor 91612
shall include a written report containing the diagnosis, 91613
prognosis, past treatment, a list of alternative treatment 91614
settings and plans, and identification of the treatment setting 91615
that is the least restrictive consistent with treatment needs. The 91616
attorney the board designates or the prosecutor shall file the 91617
written report at least three days prior to the full hearing. A 91618
copy of the application and written report shall be provided to 91619
the respondent's counsel immediately.91620

       The court shall hold a full hearing on applications for 91621
continued commitment at the expiration of the first ninety-day 91622
period and at least every two years after the expiration of the 91623
first ninety-day period.91624

       Hearings following any application for continued commitment 91625
are mandatory and may not be waived.91626

       Upon request of a person who is involuntarily committed under 91627
this section, or the person's counsel, that is made more than one 91628
hundred eighty days after the person's last full hearing, 91629
mandatory or requested, the court shall hold a full hearing on the 91630
person's continued commitment. Upon the application of a person 91631
involuntarily committed under this section, supported by an 91632
affidavit of a psychiatrist or licensed clinical psychologist, 91633
alleging that the person no longer is a mentally ill person 91634
subject to hospitalization by court order, the court for good 91635
cause shown may hold a full hearing on the person's continued 91636
commitment prior to the expiration of one hundred eighty days 91637
after the person's last full hearing. Section 5122.12 of the 91638
Revised Code applies to all hearings on continued commitment.91639

       If the court, after a hearing for continued commitment finds 91640
by clear and convincing evidence that the respondent is a mentally 91641
ill person subject to hospitalization by court order, the court 91642
may order continued commitment at places specified in division (C) 91643
of this section.91644

       (I) Unless the admission is pursuant to section 5120.17 or 91645
5139.08 of the Revised Code, the chief clinical officer of the 91646
hospital or agency admitting a respondent pursuant to a judicial 91647
proceeding, within ten working days of the admission, shall make a 91648
report of the admission to the board of alcohol, drug addiction, 91649
and mental health services serving the respondent's county of 91650
residence.91651

       (J) A referee appointed by the court may make all orders that 91652
a judge may make under this section and sections 5122.11 and 91653
5122.141 of the Revised Code, except an order of contempt of 91654
court. The orders of a referee take effect immediately. Within 91655
fourteen days of the making of an order by a referee, a party may 91656
file written objections to the order with the court. The filed 91657
objections shall be considered a motion, shall be specific, and 91658
shall state their grounds with particularity. Within ten days of 91659
the filing of the objections, a judge of the court shall hold a 91660
hearing on the objections and may hear and consider any testimony 91661
or other evidence relating to the respondent's mental condition. 91662
At the conclusion of the hearing, the judge may ratify, rescind, 91663
or modify the referee's order.91664

       (K) An order of the court under division (C), (H), or (J) of 91665
this section is a final order.91666

       (L) Before a board, or an agency the board designates, may 91667
place an unconsenting respondent in an inpatient setting from a 91668
less restrictive placement, the board or agency shall do all of 91669
the following:91670

       (1) Determine that the respondent is in immediate need of 91671
treatment in an inpatient setting because the respondent 91672
represents a substantial risk of physical harm to the respondent 91673
or others if allowed to remain in a less restrictive setting;91674

       (2) On the day of placement in the inpatient setting or on 91675
the next court day, file with the court a motion for transfer to 91676
an inpatient setting or communicate to the court by telephone that 91677
the required motion has been mailed;91678

       (3) Ensure that every reasonable and appropriate effort is 91679
made to take the respondent to the inpatient setting in the least 91680
conspicuous manner possible;91681

       (4) Immediately notify the board's designated attorney and 91682
the respondent's attorney.91683

       At the respondent's request, the court shall hold a hearing 91684
on the motion and make a determination pursuant to division (E) of 91685
this section within five days of the placement.91686

       (M) Before a board, or an agency the board designates, may 91687
move a respondent from one residential placement to another, the 91688
board or agency shall consult with the respondent about the 91689
placement. If the respondent objects to the placement, the 91690
proposed placement and the need for it shall be reviewed by a 91691
qualified mental health professional who otherwise is not involved 91692
in the treatment of the respondent.91693

       Sec. 5122.21.  (A) The chief clinical officer shall as 91694
frequently as practicable, and at least once every thirty days, 91695
examine or cause to be examined every patient, and, whenever the 91696
chief clinical officer determines that the conditions justifying 91697
involuntary hospitalization or commitment no longer obtain, shall, 91698
except as provided in division (C) of this section, discharge the 91699
patient not under indictment or conviction for crime and 91700
immediately make a report of the discharge to the department of 91701
mental health. The chief clinical officer may discharge a patient 91702
who is under an indictment, a sentence of imprisonment, a 91703
community control sanction, or a post-release control sanction or 91704
on parole ten days after written notice of intent to discharge the 91705
patient has been given by personal service or certified mail, 91706
return receipt requested, to the court having criminal 91707
jurisdiction over the patient. Except when the patient was found 91708
not guilty by reason of insanity and the defendant's commitment is 91709
pursuant to section 2945.40 of the Revised Code, the chief 91710
clinical officer has final authority to discharge a patient who is 91711
under an indictment, a sentence of imprisonment, a community 91712
control sanction, or a post-release control sanction or on parole.91713

       (B) After a finding pursuant to section 5122.15 of the 91714
Revised Code that a person is a mentally ill person subject to 91715
hospitalization by court order, the chief clinical officer of the 91716
hospital or agency to which the person is ordered or to which the 91717
person is transferred under section 5122.20 of the Revised Code, 91718
may, except as provided in division (C) of this section, grant a 91719
discharge without the consent or authorization of any court.91720

       Upon discharge, the chief clinical officer shall notify the 91721
court that caused the judicial hospitalization of the discharge 91722
from the hospital.91723

       Sec. 5122.27.  The chief clinical officer of the hospital or 91724
histhe chief clinical officer's designee shall assure that all 91725
patients hospitalized or committed pursuant to this chapter shall:91726

       (A) Receive, within twenty days of their admission sufficient 91727
professional care to assure that an evaluation of current status, 91728
differential diagnosis, probable prognosis, and description of the 91729
current treatment plan is stated on the official chart;91730

       (B) Have a written treatment plan consistent with the 91731
evaluation, diagnosis, prognosis, and goals which shall be 91732
provided, upon request of the patient or patient's counsel, to the 91733
patient's counsel and to any private physician or licensed 91734
clinical psychologist designated by the patient or histhe 91735
patient's counsel or to the legal rights serviceOhio protection 91736
and advocacy system;91737

       (C) Receive treatment consistent with the treatment plan. The 91738
department of mental health shall set standards for treatment 91739
provided to such patients, consistent wherever possible with 91740
standards set by the joint commission on accreditation of 91741
healthcare organizations.91742

       (D) Receive periodic reevaluations of the treatment plan by 91743
the professional staff at intervals not to exceed ninety days;91744

       (E) Be provided with adequate medical treatment for physical 91745
disease or injury;91746

       (F) Receive humane care and treatment, including without 91747
limitation, the following:91748

       (1) The least restrictive environment consistent with the 91749
treatment plan;91750

       (2) The necessary facilities and personnel required by the 91751
treatment plan;91752

       (3) A humane psychological and physical environment;91753

       (4) The right to obtain current information concerning his91754
the patient's treatment program and expectations in terms that he91755
the patient can reasonably understand;91756

       (5) Participation in programs designed to afford himthe 91757
patient substantial opportunity to acquire skills to facilitate 91758
his return to the community or to terminate an involuntary 91759
commitment;91760

       (6) The right to be free from unnecessary or excessive 91761
medication;91762

       (7) Freedom from restraints or isolation unless it is stated 91763
in a written order by the chief clinical officer or histhe chief 91764
clinical officer's designee, or the patient's individual physician 91765
or psychologist in a private or general hospital.91766

       (G) Be notified of their rights under the law within 91767
twenty-four hours of admission, according to rules established by 91768
the legal rights service.91769

       If the chief clinical officer of the hospital is unable to 91770
provide the treatment required by divisions (C), (E), and (F) of 91771
this section for any patient hospitalized pursuant to Chapter 91772
5122. of the Revised Code, hethe chief clinical officer shall 91773
immediately notify the patient, the court, the legal rights 91774
serviceOhio protection and advocacy system, the director of 91775
mental health, and the patient's counsel and legal guardian, if 91776
known. If within ten days after receipt of such notification by 91777
the director, hethe director is unable to effect a transfer of 91778
the patient, pursuant to section 5122.20 of the Revised Code, to a 91779
hospital, community mental health agency, or other medical 91780
facility where treatment is available, or has not received an 91781
order of the court to the contrary, the involuntary commitment of 91782
any patient hospitalized pursuant to Chapter 5122. of the Revised 91783
Code and defined as a mentally ill person subject to 91784
hospitalization by court order under division (B)(4) of section 91785
5122.01 of the Revised Code shall automatically be terminated.91786

       Sec. 5122.271.  (A) Except as provided in divisions (C), (D), 91787
and (E) of this section, the chief clinical officer or, in a 91788
nonpublic hospital, the attending physician responsible for a 91789
patient's care shall provide all information, including expected 91790
physical and medical consequences, necessary to enable any patient 91791
of a hospital for the mentally ill to give a fully informed, 91792
intelligent, and knowing consent, the opportunity to consult with 91793
independent specialists and counsel, and the right to refuse 91794
consent for any of the following:91795

       (1) Surgery;91796

       (2) Convulsive therapy;91797

       (3) Major aversive interventions;91798

       (4) Sterilizations;91799

       (5) Any unusually hazardous treatment procedures;91800

       (6) Psycho-surgery.91801

       (B) No patient shall be subjected to any of the procedures 91802
listed in divisions (A)(4) to (6) of this section until both the 91803
patient's informed, intelligent, and knowing consent and the 91804
approval of the court have been obtained, except that court 91805
approval is not required for a legally competent and voluntary 91806
patient in a nonpublic hospital.91807

       (C) If, after providing the information required under 91808
division (A) of this section to the patient, the chief clinical 91809
officer or attending physician concludes that a patient is 91810
physically or mentally unable to receive the information required 91811
for surgery under division (A)(1) of this section, or has been 91812
adjudicated incompetent, the information may be provided to the 91813
patient's natural or court-appointed guardian, who may give an 91814
informed, intelligent, and knowing written consent.91815

       If a patient is physically or mentally unable to receive the 91816
information required for surgery under division (A)(1) of this 91817
section and has no guardian, the information, the recommendation 91818
of the chief clinical officer, and the concurring judgment of a 91819
licensed physician who is not a full-time employee of the state 91820
may be provided to the court in the county in which the hospital 91821
is located, which may approve the surgery. Before approving the 91822
surgery, the court shall notify the legal rights serviceOhio 91823
protection and advocacy system created by section 5123.60 of the 91824
Revised Code, and shall notify the patient of the rights to 91825
consult with counsel, to have counsel appointed by the court if 91826
the patient is indigent, and to contest the recommendation of the 91827
chief clinical officer.91828

       (D) If, in a medical emergency, and after providing the 91829
information required under division (A) of this section to the 91830
patient, it is the judgment of one licensed physician that delay 91831
in obtaining surgery would create a grave danger to the health of 91832
the patient, it may be administered without the consent of the 91833
patient or the patient's guardian if the necessary information is 91834
provided to the patient's spouse or next of kin to enable that 91835
person to give informed, intelligent, and knowing written consent. 91836
If no spouse or next of kin can reasonably be contacted, or if the 91837
spouse or next of kin is contacted, but refuses to consent, the 91838
surgery may be performed upon the written authorization of the 91839
chief clinical officer or, in a nonpublic hospital, upon the 91840
written authorization of the attending physician responsible for 91841
the patient's care, and after the approval of the court has been 91842
obtained. However, if delay in obtaining court approval would 91843
create a grave danger to the life of the patient, the chief 91844
clinical officer or, in a nonpublic hospital, the attending 91845
physician responsible for the patient's care may authorize 91846
surgery, in writing, without court approval. If the surgery is 91847
authorized without court approval, the chief clinical officer or 91848
the attending physician who made the authorization and the 91849
physician who performed the surgery shall each execute an 91850
affidavit describing the circumstances constituting the emergency 91851
and warranting the surgery and the circumstances warranting their 91852
not obtaining prior court approval. The affidavit shall be filed 91853
with the court with which the request for prior approval would 91854
have been filed within five court days after the surgery, and a 91855
copy of the affidavit shall be placed in the patient's file and be 91856
given to the guardian, spouse, or next of kin of the patient, to 91857
the hospital at which the surgery was performed, and to the legal 91858
rights service created byOhio protection and advocacy system as 91859
defined in section 5123.60 of the Revised Code.91860

       (E) Major aversive interventions shall not be used unless a 91861
patient continues to engage in behavior destructive to self or 91862
others after other forms of therapy have been attempted. Major 91863
aversive interventions may be applied if approved by the director 91864
of mental health. The director of the legal rights service created 91865
by section 5123.60 of the Revised Code shall be notified of any 91866
proposed major aversive intervention prior to review by the 91867
director of mental health. Major aversive interventions shall not 91868
be applied to a voluntary patient without the informed, 91869
intelligent, and knowing written consent of the patient or the 91870
patient's guardian.91871

       (F) Unless there is substantial risk of physical harm to self 91872
or others, or other than under division (D) of this section, this 91873
chapter does not authorize any form of compulsory medical, 91874
psychological, or psychiatric treatment of any patient who is 91875
being treated by spiritual means through prayer alone in 91876
accordance with a recognized religious method of healing without 91877
specific court authorization.91878

       (G) For purposes of this section, "convulsive therapy" does 91879
not include defibrillation.91880

       Sec. 5122.29.  All patients hospitalized or committed 91881
pursuant to this chapter have the following rights:91882

       (A) The right to a written list of all rights enumerated in 91883
this chapter, to that person, histhat person's legal guardian, 91884
and histhat person's counsel. If the person is unable to read, 91885
the list shall be read and explained to himthe person.91886

       (B) The right at all times to be treated with consideration 91887
and respect for histhe patient's privacy and dignity, including 91888
without limitation, the following:91889

       (1) At the time a person is taken into custody for diagnosis, 91890
detention, or treatment under Chapter 5122. of the Revised Code, 91891
the person taking himthat person into custody shall take 91892
reasonable precautions to preserve and safeguard the personal 91893
property in the possession of or on the premises occupied by that 91894
person;91895

       (2) A person who is committed, voluntarily or involuntarily, 91896
shall be given reasonable protection from assault or battery by 91897
any other person.91898

       (C) The right to communicate freely with and be visited at 91899
reasonable times by histhe patient's private counsel or personnel 91900
of the legal rights serviceOhio protection and advocacy system91901
and, unless prior court restriction has been obtained, to 91902
communicate freely with and be visited at reasonable times by his91903
the patient's personal physician or psychologist.91904

       (D) The right to communicate freely with others, unless 91905
specifically restricted in the patient's treatment plan for clear 91906
treatment reasons, including without limitation the following:91907

       (1) To receive visitors at reasonable times;91908

       (2) To have reasonable access to telephones to make and 91909
receive confidential calls, including a reasonable number of free 91910
calls if unable to pay for them and assistance in calling if 91911
requested and needed.91912

       (E) The right to have ready access to letter writing 91913
materials, including a reasonable number of stamps without cost if 91914
unable to pay for them, and to mail and receive unopened 91915
correspondence and assistance in writing if requested and needed.91916

       (F) The right to the following personal privileges consistent 91917
with health and safety:91918

       (1) To wear histhe patient's own clothes and maintain his91919
the patient's own personal effects;91920

       (2) To be provided an adequate allowance for or allotment of 91921
neat, clean, and seasonable clothing if unable to provide histhe 91922
patient's own;91923

       (3) To maintain histhe patient's personal appearance 91924
according to histhe patient's own personal taste, including head 91925
and body hair;91926

       (4) To keep and use personal possessions, including toilet 91927
articles;91928

       (5) To have access to individual storage space for histhe 91929
patient's private use;91930

       (6) To keep and spend a reasonable sum of histhe patient's91931
own money for expenses and small purchases;91932

       (7) To receive and possess reading materials without 91933
censorship, except when the materials create a clear and present 91934
danger to the safety of persons in the facility.91935

       (G) The right to reasonable privacy, including both periods 91936
of privacy and places of privacy.91937

       (H) The right to free exercise of religious worship within 91938
the facility, including a right to services and sacred texts that 91939
are within the reasonable capacity of the facility to supply, 91940
provided that no patient shall be coerced into engaging in any 91941
religious activities.91942

       (I) The right to social interaction with members of either 91943
sex, subject to adequate supervision, unless such social 91944
interaction is specifically withheld under a patient's written 91945
treatment plan for clear treatment reasons.91946

       As used in this section, "clear treatment reasons" means that 91947
permitting the patient to communicate freely with others will 91948
present a substantial risk of physical harm to the patient or 91949
others or will substantially preclude effective treatment of the 91950
patient. If a right provided under this section is restricted or 91951
withheld for clear treatment reasons, the patient's written 91952
treatment plan shall specify the treatment designed to eliminate 91953
the restriction or withholding of the right at the earliest 91954
possible time.91955

       Sec. 5122.31.  (A) All certificates, applications, records, 91956
and reports made for the purpose of this chapter and sections 91957
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised 91958
Code, other than court journal entries or court docket entries, 91959
and directly or indirectly identifying a patient or former patient 91960
or person whose hospitalization has been sought under this 91961
chapter, shall be kept confidential and shall not be disclosed by 91962
any person except:91963

       (1) If the person identified, or the person's legal guardian, 91964
if any, or if the person is a minor, the person's parent or legal 91965
guardian, consents, and if the disclosure is in the best interests 91966
of the person, as may be determined by the court for judicial 91967
records and by the chief clinical officer for medical records;91968

       (2) When disclosure is provided for in this chapter or 91969
section 5123.605123.601 of the Revised Code;91970

       (3) That hospitals, boards of alcohol, drug addiction, and 91971
mental health services, and community mental health agencies may 91972
release necessary medical information to insurers and other 91973
third-party payers, including government entities responsible for 91974
processing and authorizing payment, to obtain payment for goods 91975
and services furnished to the patient;91976

       (4) Pursuant to a court order signed by a judge;91977

       (5) That a patient shall be granted access to the patient's 91978
own psychiatric and medical records, unless access specifically is 91979
restricted in a patient's treatment plan for clear treatment 91980
reasons;91981

       (6) That hospitals and other institutions and facilities 91982
within the department of mental health may exchange psychiatric 91983
records and other pertinent information with other hospitals, 91984
institutions, and facilities of the department, and with community 91985
mental health agencies and boards of alcohol, drug addiction, and 91986
mental health services with which the department has a current 91987
agreement for patient care or services. Records and information 91988
that may be released pursuant to this division shall be limited to 91989
medication history, physical health status and history, financial 91990
status, summary of course of treatment in the hospital, summary of 91991
treatment needs, and a discharge summary, if any.91992

       (7) That hospitals within the department, other institutions 91993
and facilities within the department, hospitals licensed by the 91994
department under section 5119.20 of the Revised Code, and 91995
community mental health agencies may exchange psychiatric records 91996
and other pertinent information with payers and other providers of 91997
treatment and health services if the purpose of the exchange is to 91998
facilitate continuity of care for a patient;91999

       (8) That a patient's family member who is involved in the 92000
provision, planning, and monitoring of services to the patient may 92001
receive medication information, a summary of the patient's 92002
diagnosis and prognosis, and a list of the services and personnel 92003
available to assist the patient and the patient's family, if the 92004
patient's treating physician determines that the disclosure would 92005
be in the best interests of the patient. No such disclosure shall 92006
be made unless the patient is notified first and receives the 92007
information and does not object to the disclosure.92008

       (9) That community mental health agencies may exchange 92009
psychiatric records and certain other information with the board 92010
of alcohol, drug addiction, and mental health services and other 92011
agencies in order to provide services to a person involuntarily 92012
committed to a board. Release of records under this division shall 92013
be limited to medication history, physical health status and 92014
history, financial status, summary of course of treatment, summary 92015
of treatment needs, and discharge summary, if any.92016

       (10) That information may be disclosed to the executor or the 92017
administrator of an estate of a deceased patient when the 92018
information is necessary to administer the estate;92019

       (11) That records in the possession of the Ohio historical 92020
society may be released to the closest living relative of a 92021
deceased patient upon request of that relative;92022

       (12) That information may be disclosed to staff members of 92023
the appropriate board or to staff members designated by the 92024
director of mental health for the purpose of evaluating the 92025
quality, effectiveness, and efficiency of services and determining 92026
if the services meet minimum standards. Information obtained 92027
during such evaluations shall not be retained with the name of any 92028
patient.92029

       (13) That records pertaining to the patient's diagnosis, 92030
course of treatment, treatment needs, and prognosis shall be 92031
disclosed and released to the appropriate prosecuting attorney if 92032
the patient was committed pursuant to section 2945.38, 2945.39, 92033
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the 92034
attorney designated by the board for proceedings pursuant to 92035
involuntary commitment under this chapter.92036

       (14) That the department of mental health may exchange 92037
psychiatric hospitalization records, other mental health treatment 92038
records, and other pertinent information with the department of 92039
rehabilitation and correction to ensure continuity of care for 92040
inmates who are receiving mental health services in an institution 92041
of the department of rehabilitation and correction. The department 92042
shall not disclose those records unless the inmate is notified, 92043
receives the information, and does not object to the disclosure. 92044
The release of records under this division is limited to records 92045
regarding an inmate's medication history, physical health status 92046
and history, summary of course of treatment, summary of treatment 92047
needs, and a discharge summary, if any.92048

       (15) That a community mental health agency that ceases to 92049
operate may transfer to either a community mental health agency 92050
that assumes its caseload or to the board of alcohol, drug 92051
addiction, and mental health services of the service district in 92052
which the patient resided at the time services were most recently 92053
provided any treatment records that have not been transferred 92054
elsewhere at the patient's request.92055

       (B) Before records are disclosed pursuant to divisions 92056
(A)(3), (6), (7), and (9) of this section, the custodian of the 92057
records shall attempt to obtain the patient's consent for the 92058
disclosure. No person shall reveal the contents of a medical 92059
record of a patient except as authorized by law.92060

       (C) The managing officer of a hospital who releases necessary 92061
medical information under division (A)(3) of this section to allow 92062
an insurance carrier or other third party payor to comply with 92063
section 5121.43 of the Revised Code shall neither be subject to 92064
criminal nor civil liability.92065

       Sec. 5122.32.  (A) As used in this section:92066

       (1) "Quality assurance committee" means a committee that is 92067
appointed in the central office of the department of mental health 92068
by the director of mental health, a committee of a hospital or 92069
community setting program, a committee established pursuant to 92070
section 5119.47 of the Revised Code of the department of mental 92071
health appointed by the managing officer of the hospital or 92072
program, or a duly authorized subcommittee of a committee of that 92073
nature and that is designated to carry out quality assurance 92074
program activities.92075

       (2) "Quality assurance program" means a comprehensive program 92076
within the department of mental health to systematically review 92077
and improve the quality of medical and mental health services 92078
within the department and its hospitals and community setting 92079
programs, the safety and security of persons receiving medical and 92080
mental health services within the department and its hospitals and 92081
community setting programs, and the efficiency and effectiveness 92082
of the utilization of staff and resources in the delivery of 92083
medical and mental health services within the department and its 92084
hospitals and community setting programs. "Quality assurance 92085
program" includes the central office quality assurance committees, 92086
morbidity and mortality review committees, quality assurance 92087
programs of community setting programs, quality assurance 92088
committees of hospitals operated by the department of mental 92089
health, and the office of licensure and certification of the 92090
department.92091

       (3) "Quality assurance program activities" include collecting 92092
or compiling information and reports required by a quality 92093
assurance committee, receiving, reviewing, or implementing the 92094
recommendations made by a quality assurance committee, and 92095
credentialing, privileging, infection control, tissue review, peer 92096
review, utilization review including access to patient care 92097
records, patient care assessment records, and medical and mental 92098
health records, medical and mental health resource management, 92099
mortality and morbidity review, and identification and prevention 92100
of medical or mental health incidents and risks, whether performed 92101
by a quality assurance committee or by persons who are directed by 92102
a quality assurance committee.92103

       (4) "Quality assurance records" means the proceedings, 92104
discussion, records, findings, recommendations, evaluations, 92105
opinions, minutes, reports, and other documents or actions that 92106
emanate from quality assurance committees, quality assurance 92107
programs, or quality assurance program activities. "Quality 92108
assurance records" does not include aggregate statistical 92109
information that does not disclose the identity of persons 92110
receiving or providing medical or mental health services in 92111
department of mental health institutions.92112

       (B)(1) Except as provided in division (E) of this section, 92113
quality assurance records are confidential and are not public 92114
records under section 149.43 of the Revised Code, and shall be 92115
used only in the course of the proper functions of a quality 92116
assurance program. 92117

       (2) Except as provided in division (E) of this section, no 92118
person who possesses or has access to quality assurance records 92119
and who knows that the records are quality assurance records shall 92120
willfully disclose the contents of the records to any person or 92121
entity.92122

       (C)(1) Except as provided in division (E) of this section, no 92123
quality assurance record shall be subject to discovery in, and is 92124
not admissible in evidence, in any judicial or administrative 92125
proceeding.92126

       (2) Except as provided in division (E) of this section, no 92127
member of a quality assurance committee or a person who is 92128
performing a function that is part of a quality assurance program 92129
shall be permitted or required to testify in a judicial or 92130
administrative proceeding with respect to quality assurance 92131
records or with respect to any finding, recommendation, 92132
evaluation, opinion, or other action taken by the committee, 92133
member, or person.92134

       (3) Information, documents, or records otherwise available 92135
from original sources are not to be construed as being unavailable 92136
for discovery or admission in evidence in a judicial or 92137
administrative proceeding merely because they were presented to a 92138
quality assurance committee. No person testifying before a quality 92139
assurance committee or person who is a member of a quality 92140
assurance committee shall be prevented from testifying as to 92141
matters within the person's knowledge, but the witness cannot be 92142
asked about the witness' testimony before the quality assurance 92143
committee or about an opinion formed by the person as a result of 92144
the quality assurance committee proceedings.92145

       (D)(1) A person who, without malice and in the reasonable 92146
belief that the information is warranted by the facts known to the 92147
person, provides information to a person engaged in quality 92148
assurance program activities is not liable for damages in a civil 92149
action for injury, death, or loss to person or property to any 92150
person as a result of providing the information.92151

       (2) A member of a quality assurance committee, a person 92152
engaged in quality assurance program activities, and an employee 92153
of the department of mental health shall not be liable in damages 92154
in a civil action for injury, death, or loss to person or property 92155
to any person for any acts, omissions, decisions, or other conduct 92156
within the scope of the functions of the quality assurance 92157
program.92158

       (3) Nothing in this section shall relieve any institution or 92159
individual from liability arising from the treatment of a patient.92160

       (E) Quality assurance records may be disclosed, and testimony 92161
may be provided concerning quality assurance records, only to the 92162
following persons or entities:92163

       (1) Persons who are employed or retained by the department of 92164
mental health and who have authority to evaluate or implement the 92165
recommendations of a state-operated hospital, community setting 92166
program, or central office quality assurance committee;92167

       (2) Public or private agencies or organizations if needed to 92168
perform a licensing or accreditation function related to 92169
department of mental health hospitals or community setting 92170
programs, or to perform monitoring of a hospital or program of 92171
that nature as required by law.92172

       (F) A disclosure of quality assurance records pursuant to 92173
division (E) of this section does not otherwise waive the 92174
confidential and privileged status of the disclosed quality 92175
assurance records.92176

       (G) Nothing in this section shall limit the access of the 92177
legal rights serviceOhio protection and advocacy system to 92178
records or personnel as set forth in sections 5123.60 to 5123.60492179
required under section 5123.601 of the Revised Code. Nothing in 92180
this section shall limit the admissibility of documentary or 92181
testimonial evidence in an action brought by the legal rights 92182
serviceOhio protection and advocacy system in its own name or on 92183
behalf of a client.92184

       Sec. 5122.341.  (A) As used in this section:92185

       (1) "Facility or agency" means, in the context of a person 92186
committed to the department of mental health under sections 92187
2945.37 to 2945.402 of the Revised Code, any entity in which the 92188
department of mental health places such a person.92189

       (2) "Person committed to the department" means a person 92190
committed to the department of mental health under sections 92191
2945.37 to 2945.402 of the Revised Code.92192

       (B) No member of a board of directors, or employee, of a 92193
facility or agency in which the department of mental health places 92194
a person committed to the department is liable for injury or 92195
damages caused by any action or inaction taken within the scope of 92196
the board member's official duties or employee's employment 92197
relating to the commitment of, and services provided to, the 92198
person committed to the department, unless the action or inaction 92199
constitutes willful or wanton misconduct. A board member's or 92200
employee's action or inaction does not constitute willful or 92201
wanton misconduct if the board member or employee acted in good 92202
faith and reasonably under the circumstances and with the 92203
knowledge reasonably attributable to the board member or employee.92204

       The immunity from liability conferred by this section is in 92205
addition to and not in limitation of any immunity conferred by any 92206
other section of the Revised Code or by judicial precedent.92207

       Sec. 5123.01.  As used in this chapter:92208

       (A) "Chief medical officer" means the licensed physician 92209
appointed by the managing officer of an institution for the 92210
mentally retarded with the approval of the director of 92211
developmental disabilities to provide medical treatment for 92212
residents of the institution.92213

       (B) "Chief program director" means a person with special 92214
training and experience in the diagnosis and management of the 92215
mentally retarded, certified according to division (C) of this 92216
section in at least one of the designated fields, and appointed by 92217
the managing officer of an institution for the mentally retarded 92218
with the approval of the director to provide habilitation and care 92219
for residents of the institution.92220

       (C) "Comprehensive evaluation" means a study, including a 92221
sequence of observations and examinations, of a person leading to 92222
conclusions and recommendations formulated jointly, with 92223
dissenting opinions if any, by a group of persons with special 92224
training and experience in the diagnosis and management of persons 92225
with mental retardation or a developmental disability, which group 92226
shall include individuals who are professionally qualified in the 92227
fields of medicine, psychology, and social work, together with 92228
such other specialists as the individual case may require.92229

       (D) "Education" means the process of formal training and 92230
instruction to facilitate the intellectual and emotional 92231
development of residents.92232

       (E) "Habilitation" means the process by which the staff of 92233
the institution assists the resident in acquiring and maintaining 92234
those life skills that enable the resident to cope more 92235
effectively with the demands of the resident's own person and of 92236
the resident's environment and in raising the level of the 92237
resident's physical, mental, social, and vocational efficiency. 92238
Habilitation includes but is not limited to programs of formal, 92239
structured education and training.92240

       (F) "Health officer" means any public health physician, 92241
public health nurse, or other person authorized or designated by a 92242
city or general health district.92243

       (G) "Home and community-based services" means medicaid-funded 92244
home and community-based services specified in division (B)(1) of 92245
section 5111.87 of the Revised Code provided under the medicaid 92246
waiver components the department of developmental disabilities 92247
administers pursuant to section 5111.871 of the Revised Code.92248
However, home and community-based services provided under the 92249
medicaid waiver component known as the transitions developmental 92250
disabilities waiver are to be considered to be home and 92251
community-based services for the purposes of this chapter only to 92252
the extent, if any, provided by the contract required by section 92253
5111.871 of the Revised Code regarding the waiver.92254

       (H) "Indigent person" means a person who is unable, without 92255
substantial financial hardship, to provide for the payment of an 92256
attorney and for other necessary expenses of legal representation, 92257
including expert testimony.92258

       (I) "Institution" means a public or private facility, or a 92259
part of a public or private facility, that is licensed by the 92260
appropriate state department and is equipped to provide 92261
residential habilitation, care, and treatment for the mentally 92262
retarded.92263

       (J) "Licensed physician" means a person who holds a valid 92264
certificate issued under Chapter 4731. of the Revised Code 92265
authorizing the person to practice medicine and surgery or 92266
osteopathic medicine and surgery, or a medical officer of the 92267
government of the United States while in the performance of the 92268
officer's official duties.92269

       (K) "Managing officer" means a person who is appointed by the 92270
director of developmental disabilities to be in executive control 92271
of an institution for the mentally retarded under the jurisdiction 92272
of the department.92273

       (L) "Medicaid" has the same meaning as in section 5111.01 of 92274
the Revised Code.92275

       (M) "Medicaid case management services" means case management 92276
services provided to an individual with mental retardation or 92277
other developmental disability that the state medicaid plan 92278
requires.92279

       (N) "Mentally retarded person" means a person having 92280
significantly subaverage general intellectual functioning existing 92281
concurrently with deficiencies in adaptive behavior, manifested 92282
during the developmental period.92283

       (O) "Mentally retarded person subject to institutionalization 92284
by court order" means a person eighteen years of age or older who 92285
is at least moderately mentally retarded and in relation to whom, 92286
because of the person's retardation, either of the following 92287
conditions exist:92288

       (1) The person represents a very substantial risk of physical 92289
impairment or injury to self as manifested by evidence that the 92290
person is unable to provide for and is not providing for the 92291
person's most basic physical needs and that provision for those 92292
needs is not available in the community;92293

       (2) The person needs and is susceptible to significant 92294
habilitation in an institution.92295

       (P) "A person who is at least moderately mentally retarded" 92296
means a person who is found, following a comprehensive evaluation, 92297
to be impaired in adaptive behavior to a moderate degree and to be 92298
functioning at the moderate level of intellectual functioning in 92299
accordance with standard measurements as recorded in the most 92300
current revision of the manual of terminology and classification 92301
in mental retardation published by the American association on 92302
mental retardation.92303

       (Q) As used in this division, "substantial functional 92304
limitation," "developmental delay," and "established risk" have 92305
the meanings established pursuant to section 5123.011 of the 92306
Revised Code.92307

       "Developmental disability" means a severe, chronic disability 92308
that is characterized by all of the following:92309

       (1) It is attributable to a mental or physical impairment or 92310
a combination of mental and physical impairments, other than a 92311
mental or physical impairment solely caused by mental illness as 92312
defined in division (A) of section 5122.01 of the Revised Code.92313

       (2) It is manifested before age twenty-two.92314

       (3) It is likely to continue indefinitely.92315

       (4) It results in one of the following:92316

       (a) In the case of a person under three years of age, at 92317
least one developmental delay or an established risk;92318

       (b) In the case of a person at least three years of age but 92319
under six years of age, at least two developmental delays or an 92320
established risk;92321

       (c) In the case of a person six years of age or older, a 92322
substantial functional limitation in at least three of the 92323
following areas of major life activity, as appropriate for the 92324
person's age: self-care, receptive and expressive language, 92325
learning, mobility, self-direction, capacity for independent 92326
living, and, if the person is at least sixteen years of age, 92327
capacity for economic self-sufficiency.92328

       (5) It causes the person to need a combination and sequence 92329
of special, interdisciplinary, or other type of care, treatment, 92330
or provision of services for an extended period of time that is 92331
individually planned and coordinated for the person.92332

       (R) "Developmentally disabled person" means a person with a 92333
developmental disability.92334

       (S) "State institution" means an institution that is 92335
tax-supported and under the jurisdiction of the department.92336

       (T) "Residence" and "legal residence" have the same meaning 92337
as "legal settlement," which is acquired by residing in Ohio for a 92338
period of one year without receiving general assistance prior to 92339
July 17, 1995, under former Chapter 5113. of the Revised Code, 92340
financial assistance under Chapter 5115. of the Revised Code, or 92341
assistance from a private agency that maintains records of 92342
assistance given. A person having a legal settlement in the state 92343
shall be considered as having legal settlement in the assistance 92344
area in which the person resides. No adult person coming into this 92345
state and having a spouse or minor children residing in another 92346
state shall obtain a legal settlement in this state as long as the 92347
spouse or minor children are receiving public assistance, care, or 92348
support at the expense of the other state or its subdivisions. For 92349
the purpose of determining the legal settlement of a person who is 92350
living in a public or private institution or in a home subject to 92351
licensing by the department of job and family services, the 92352
department of mental health, or the department of developmental 92353
disabilities, the residence of the person shall be considered as 92354
though the person were residing in the county in which the person 92355
was living prior to the person's entrance into the institution or 92356
home. Settlement once acquired shall continue until a person has 92357
been continuously absent from Ohio for a period of one year or has 92358
acquired a legal residence in another state. A woman who marries a 92359
man with legal settlement in any county immediately acquires the 92360
settlement of her husband. The legal settlement of a minor is that 92361
of the parents, surviving parent, sole parent, parent who is 92362
designated the residential parent and legal custodian by a court, 92363
other adult having permanent custody awarded by a court, or 92364
guardian of the person of the minor, provided that:92365

       (1) A minor female who marries shall be considered to have 92366
the legal settlement of her husband and, in the case of death of 92367
her husband or divorce, she shall not thereby lose her legal 92368
settlement obtained by the marriage.92369

       (2) A minor male who marries, establishes a home, and who has 92370
resided in this state for one year without receiving general 92371
assistance prior to July 17, 1995, under former Chapter 5113. of 92372
the Revised Code, financial assistance under Chapter 5115. of the 92373
Revised Code, or assistance from a private agency that maintains 92374
records of assistance given shall be considered to have obtained a 92375
legal settlement in this state.92376

       (3) The legal settlement of a child under eighteen years of 92377
age who is in the care or custody of a public or private child 92378
caring agency shall not change if the legal settlement of the 92379
parent changes until after the child has been in the home of the 92380
parent for a period of one year.92381

       No person, adult or minor, may establish a legal settlement 92382
in this state for the purpose of gaining admission to any state 92383
institution.92384

       (U)(1) "Resident" means, subject to division (R)(2) of this 92385
section, a person who is admitted either voluntarily or 92386
involuntarily to an institution or other facility pursuant to 92387
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised 92388
Code subsequent to a finding of not guilty by reason of insanity 92389
or incompetence to stand trial or under this chapter who is under 92390
observation or receiving habilitation and care in an institution.92391

       (2) "Resident" does not include a person admitted to an 92392
institution or other facility under section 2945.39, 2945.40, 92393
2945.401, or 2945.402 of the Revised Code to the extent that the 92394
reference in this chapter to resident, or the context in which the 92395
reference occurs, is in conflict with any provision of sections 92396
2945.37 to 2945.402 of the Revised Code.92397

       (V) "Respondent" means the person whose detention, 92398
commitment, or continued commitment is being sought in any 92399
proceeding under this chapter.92400

       (W) "Working day" and "court day" mean Monday, Tuesday, 92401
Wednesday, Thursday, and Friday, except when such day is a legal 92402
holiday.92403

       (X) "Prosecutor" means the prosecuting attorney, village 92404
solicitor, city director of law, or similar chief legal officer 92405
who prosecuted a criminal case in which a person was found not 92406
guilty by reason of insanity, who would have had the authority to 92407
prosecute a criminal case against a person if the person had not 92408
been found incompetent to stand trial, or who prosecuted a case in 92409
which a person was found guilty.92410

       (Y) "Court" means the probate division of the court of common 92411
pleas.92412

       (Z) "Supported living" hasand "residential services" have92413
the same meaningmeanings as in section 5126.01 of the Revised 92414
Code.92415

       Sec. 5123.0413.  The department of developmental 92416
disabilities, in consultation with the department of job and 92417
family services, office of budget and management, and county 92418
boards of developmental disabilities, shall adopt rules in 92419
accordance with Chapter 119. of the Revised Code to establish both 92420
of the following in the event a county property tax levy for 92421
services for individuals with mental retardation or other 92422
developmental disability fails:92423

       (A) A method of paying for home and community-based services;92424

       (B) A method of reducing the number of individuals a county 92425
board would otherwise be required by section 5126.0512 of the 92426
Revised Code to ensure are enrolled in a medicaid waiver component 92427
under which home and community-based services are provided.92428

       Sec. 5123.0417. (A) The director of developmental 92429
disabilities shall establish one or more programs for individuals 92430
under twenty-onetwenty-two years of age who have intensive 92431
behavioral needs, including such individuals with a primary 92432
diagnosis of autism spectrum disorder. The programs may include 92433
one or more medicaid waiver components that the director 92434
administers pursuant to section 5111.871 of the Revised Code. The 92435
programs may do one or more of the following:92436

        (1) Establish models that incorporate elements common to 92437
effective intervention programs and evidence-based practices in 92438
services for children with intensive behavioral needs;92439

       (2) Design a template for individualized education plans and 92440
individual service plans that provide consistent intervention 92441
programs and evidence-based practices for the care and treatment 92442
of children with intensive behavioral needs;92443

        (3) Disseminate best practice guidelines for use by families 92444
of children with intensive behavioral needs and professionals 92445
working with such families;92446

       (4) Develop a transition planning model for effectively 92447
mainstreaming school-age children with intensive behavioral needs 92448
to their public school district;92449

        (5) Contribute to the field of early and effective 92450
identification and intervention programs for children with 92451
intensive behavioral needs by providing financial support for 92452
scholarly research and publication of clinical findings.92453

        (B) The director of developmental disabilities shall 92454
collaborate with the director of job and family services and 92455
consult with the executive director of the Ohio center for autism 92456
and low incidence and university-based programs that specialize in 92457
services for individuals with developmental disabilities when 92458
establishing programs under this section.92459

       Sec. 5123.0418.  (A) In addition to other authority granted 92460
the director of developmental disabilities for use of funds 92461
appropriated to the department of developmental disabilities, the 92462
director may use such funds for the following purposes:92463

       (1) All of the following to assist persons with mental 92464
retardation or a developmental disability remain in the community 92465
and avoid institutionalization:92466

       (a) Behavioral and short-term interventions;92467

       (b) Residential services;92468

       (c) Supported living.92469

       (2) Respite care services;92470

       (3) Staff training to help the following personnel serve 92471
persons with mental retardation or a developmental disability in 92472
the community:92473

       (a) Employees of, and personnel under contract with, county 92474
boards of developmental disabilities;92475

       (b) Employees of providers of supported living;92476

       (c) Employees of providers of residential services;92477

       (d) Other personnel the director identifies.92478

       (B) The director may establish priorities for using funds for 92479
the purposes specified in division (A) of this section. The 92480
director shall use the funds in a manner consistent with the 92481
appropriations that authorize the director to use the funds and 92482
all other state and federal laws governing the use of the funds.92483

       Sec. 5123.0419.  (A) The director of developmental 92484
disabilities may establish an interagency workgroup on autism. The 92485
purpose of the workgroup shall be to improve the coordination of 92486
the state's efforts to address the service needs of individuals 92487
with autism spectrum disorders and the families of those 92488
individuals. In fulfilling this purpose, the director may enter 92489
into interagency agreements with the government entities 92490
represented by the members of the workgroup. The agreements may 92491
specify any or all of the following:92492

       (1) The roles and responsibilities of government entities 92493
that enter into the agreements;92494

       (2) Procedures regarding the receipt, transfer, and 92495
expenditure of funds necessary to achieve the goals of the 92496
workgroup;92497

       (3) The projects to be undertaken and activities to be 92498
performed by the government entities that enter into the 92499
agreements.92500

       (B) Money received from government entities represented by 92501
the members of the workgroup shall be deposited into the state 92502
treasury to the credit of the interagency workgroup on autism 92503
fund, which is hereby created in the state treasury. Money 92504
credited to the fund shall be used by the department of 92505
developmental disabilities solely to support the activities of the 92506
workgroup.92507

       Sec. 5123.0420.  (A) The director of developmental 92508
disabilities may authorize the implementation of one or more 92509
innovative pilot projects that, in the judgment of the director, 92510
are likely to assist in promoting the objectives of this chapter 92511
or Chapter 5126. of the Revised Code. Subject to division (B) of 92512
this section and notwithstanding any provision of this chapter and 92513
Chapter 5126. of the Revised Code, the director's authorization 92514
may permit a pilot project to be implemented in a manner 92515
inconsistent with one or more provisions of this chapter, Chapter 92516
5126. of the Revised Code, or a rule adopted under either chapter. 92517
The director shall specify the period of time for which a pilot 92518
project is to be implemented. This period shall include a 92519
reasonable period of time for an evaluation of the pilot project's 92520
effectiveness. 92521

       (B) The director may not authorize a pilot project to be 92522
implemented in a manner that would cause the state to be out of 92523
compliance with any requirements for a program funded in whole or 92524
in part with federal funds.92525

       Sec. 5123.051.  (A) If the department of developmental 92526
disabilities determines pursuant to an audit conducted under 92527
section 5123.05 of the Revised Code or a reconciliation conducted 92528
under section 5123.18 of the Revised Code that money is owed the 92529
state by a provider of a service or program, the department may 92530
enter into a payment agreement with the provider. The agreement 92531
shall include the following:92532

       (1) A schedule of installment payments whereby the money owed 92533
the state is to be paid in full within a period not to exceed one 92534
year;92535

       (2) A provision that the provider may pay the entire balance 92536
owed at any time during the term of the agreement;92537

       (3) A provision that if any installment is not paid in full 92538
within forty-five days after it is due, the entire balance owed is 92539
immediately due and payable;92540

       (4) Any other terms and conditions that are agreed to by the 92541
department and the provider.92542

       (B) The department may include a provision in a payment 92543
agreement that requires the provider to pay interest on the money 92544
owed the state. The department, in its discretion, shall determine 92545
whether to require the payment of interest and, if it so requires, 92546
the rate of interest. Neither the obligation to pay interest nor 92547
the rate of interest is subject to negotiation between the 92548
department and the provider.92549

       (C) If the provider fails to pay any installment in full 92550
within forty-five days after its due date, the department shall 92551
certify the entire balance owed to the attorney general for 92552
collection under section 131.02 of the Revised Code. The 92553
department may withhold funds from payments made to a provider 92554
under section 5123.18 of the Revised Code to satisfy a judgment 92555
secured by the attorney general.92556

       (D) The purchase of service fund is hereby created. Money 92557
credited to the fund shall be used solely for purposes of section 92558
5123.05 of the Revised Code.92559

       Sec. 5123.092.  (A) There is hereby established at each 92560
institution and branch institution under the control of the 92561
department of developmental disabilities a citizen's advisory 92562
council consisting of thirteen members. At least seven of the 92563
members shall be persons who are not providers of mental 92564
retardation services. Each council shall include parents or other 92565
relatives of residents of institutions under the control of the 92566
department, community leaders, professional persons in relevant 92567
fields, and persons who have an interest in or knowledge of mental 92568
retardation. The managing officer of the institution shall be a 92569
nonvoting member of the council.92570

       (B) The director of developmental disabilities shall be the 92571
appointing authority for the voting members of each citizen's 92572
advisory council. Each time the term of a voting member expires, 92573
the remaining members of the council shall recommend to the 92574
director one or more persons to serve on the council. The director 92575
may accept a nominee of the council or reject the nominee or 92576
nominees. If the director rejects the nominee or nominees, the 92577
remaining members of the advisory council shall further recommend 92578
to the director one or more other persons to serve on the advisory 92579
council. This procedure shall continue until a member is appointed 92580
to the advisory council.92581

       Each advisory council shall elect from its appointed members 92582
a chairperson, vice-chairperson, and a secretary to serve for 92583
terms of one year. Advisory council officers shall not serve for 92584
more than two consecutive terms in the same office. A majority of 92585
the advisory council members constitutes a quorum.92586

       (C) Terms of office shall be for three years, each term 92587
ending on the same day of the same month of the year as did the 92588
term which it succeeds. No member shall serve more than two 92589
consecutive terms, except that any former member may be appointed 92590
if one year or longer has elapsed since the member served two 92591
consecutive terms. Each member shall hold office from the date of 92592
appointment until the end of the term for which the member was 92593
appointed. Any vacancy shall be filled in the same manner in which 92594
the original appointment was made, and the appointee to a vacancy 92595
in an unexpired term shall serve the balance of the term of the 92596
original appointee. Any member shall continue in office subsequent 92597
to the expiration date of the member's term until the member's 92598
successor takes office, or until a period of sixty days has 92599
elapsed, whichever occurs first.92600

       (D) Members shall be expected to attend all meetings of the 92601
advisory council. Unexcused absence from two successive regularly 92602
scheduled meetings shall be considered prima-facie evidence of 92603
intent not to continue as a member. The chairperson of the board 92604
shall, after a member has been absent for two successive regularly 92605
scheduled meetings, direct a letter to the member asking if the 92606
member wishes to remain in membership. If an affirmative reply is 92607
received, the member shall be retained as a member except that, 92608
if, after having expressed a desire to remain a member, the member 92609
then misses a third successive regularly scheduled meeting without 92610
being excused, the chairperson shall terminate the member's 92611
membership.92612

       (E) A citizen's advisory council shall meet six times 92613
annually, or more frequently if three council members request the 92614
chairperson to call a meeting. The council shall keep minutes of 92615
each meeting and shall submit them to the managing officer of the 92616
institution with which the council is associated,and the 92617
department of developmental disabilities, and the legal rights 92618
service.92619

       (F) Members of citizen's advisory councils shall receive no 92620
compensation for their services, except that they shall be 92621
reimbursed for their actual and necessary expenses incurred in the 92622
performance of their official duties by the institution with which 92623
they are associated from funds allocated to it, provided that 92624
reimbursement for those expenses shall not exceed limits imposed 92625
upon the department of developmental disabilities by 92626
administrative rules regulating travel within this state.92627

       (G) The councils shall have reasonable access to all patient 92628
treatment and living areas and records of the institution, except 92629
those records of a strictly personal or confidential nature. The 92630
councils shall have access to a patient's personal records with 92631
the consent of the patient or the patient's legal guardian or, if 92632
the patient is a minor, with the consent of the parent or legal 92633
guardian of the patient.92634

       (H) As used in this section, "branch institution" means a 92635
facility that is located apart from an institution and is under 92636
the control of the managing officer of the institution.92637

       Sec. 5123.171.  As used in this section, "respite care" means 92638
appropriate, short-term, temporary care provided to a mentally 92639
retarded or developmentally disabled person to sustain the family 92640
structure or to meet planned or emergency needs of the family.92641

       The department of developmental disabilities shall provide 92642
respite care services to persons with mental retardation or a 92643
developmental disability for the purpose of promoting 92644
self-sufficiency and normalization, preventing or reducing 92645
inappropriate institutional care, and furthering the unity of the 92646
family by enabling the family to meet the special needs of a 92647
mentally retarded or developmentally disabled person.92648

       In order to be eligible for respite care services under this 92649
section, the mentally retarded or developmentally disabled person 92650
must be in need of habilitation services as defined in section 92651
5126.01 of the Revised Code.92652

       Respite care may be provided in a facility licensed under 92653
section 5123.19 of the Revised Code or certified as an 92654
intermediate care facility for the mentally retarded under Title 92655
XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 92656
301, as amended, or certified as a respite care home under section 92657
5126.05 of the Revised Code.92658

       The department shall develop a system for locating vacant 92659
beds that are available for respite care and for making 92660
information on vacant beds available to users of respite care 92661
services. Facilities certified as intermediate care facilities for 92662
the mentally retarded and facilities holding contracts with the 92663
department for the provision of residential services under section 92664
5123.18 of the Revised Code shall report vacant beds to the 92665
department but shall not be required to accept respite care 92666
clients.92667

       The director of developmental disabilities shall adopt, and 92668
may amend or rescind, rules in accordance with Chapter 119. of the 92669
Revised Code for both of the following:92670

       (A) Certification by county boards of developmental 92671
disabilities of respite care homes;92672

       (B) Provision of respite care services authorized by this 92673
section. Rules adopted under this division shall establish all of 92674
the following:92675

       (1) A formula for distributing funds appropriated for respite 92676
care services;92677

       (2) Standards for supervision, training and quality control 92678
in the provision of respite care services;92679

       (3) Eligibility criteria for emergency respite care services.92680

       Sec. 5123.18.  (A) As used in this section:92681

       (1) "Contractor" means a person or government agency that 92682
enters into a contract with the department of developmental 92683
disabilities under this section.92684

       (2) "Government agency" means a state agency as defined in 92685
section 117.01 of the Revised Code or a similar agency of a 92686
political subdivision of the state.92687

       (3) "Residential services" means the services necessary for 92688
an individual with mental retardation or a developmental 92689
disability to live in the community, including room and board, 92690
clothing, transportation, personal care, habilitation, 92691
supervision, and any other services the department considers 92692
necessary for the individual to live in the community.92693

       (B)(1) The department of developmental disabilities may enter 92694
into a contract with a person or government agency to provide 92695
residential services to individuals with mental retardation or 92696
developmental disabilities in need of residential services. 92697
Contracts for residential services shall be of the following 92698
types:92699

       (a) Companion home contracts - contracts under which the 92700
contractor is an individual, the individual is the primary 92701
caregiver, and the individual owns or leases and resides in the 92702
home in which the services are provided.92703

       (b) Agency-operated companion home contracts - contracts 92704
under which the contractor subcontracts, for purposes of 92705
coordinating the provision of residential services, with one or 92706
more individuals who are primary caregivers and own or lease and 92707
reside in the homes in which the services are provided.92708

       (c) Community home contracts - contracts for residential 92709
services under which the contractor owns or operates a home that 92710
is used solely to provide residential services.92711

       (d) Combined agency-operated companion home and community 92712
home contracts.92713

       (2) A companion home contract shall cover not more than one 92714
home. An agency-operated companion home contract or a community 92715
home contract may cover more than one home.92716

       (C) Contracts shall be in writing and shall provide for 92717
payment to be made to the contractor at the times agreed to by the 92718
department and the contractor. Each contract shall specify the 92719
period during which it is valid, the amount to be paid for 92720
residential services, and the number of individuals for whom 92721
payment will be made. Contracts may be renewed.92722

       (D)services. To be eligible to enter into a contract with 92723
the department under this section, thea person or government 92724
agencyentity and the home in which the residential services are 92725
provided must meet all applicable standards for licensing or 92726
certification by the appropriate government agencyentity. In 92727
addition, if the residential facility is operated as a nonprofit 92728
entity, the members of the board of trustees or board of directors 92729
of the facility must not have a financial interest in or receive 92730
financial benefit from the facility, other than reimbursement for 92731
actual expenses incurred in attending board meetings.92732

       (E)(1) The department shall determine the payment amount 92733
assigned to an initial contract. To the extent that the department 92734
determines sufficient funds are available, the payment amount 92735
assigned to an initial contract shall be equal to the average 92736
amount assigned to contracts for other homes that are of the same 92737
type and size and serve individuals with similar needs, except 92738
that if an initial contract is the result of a change of 92739
contractor or ownership, the payment amount assigned to the 92740
contract shall be the lesser of the amount assigned to the 92741
previous contract or the contract's total adjusted predicted 92742
funding need calculated under division (I) of this section.92743

       (2) A renewed contract shall be assigned a payment amount in 92744
accordance with division (K) of this section.92745

       (3) When a contractor relocates a home to another site at 92746
which residential services are provided to the same individuals, 92747
the payment amount assigned to the contract for the new home shall 92748
be the payment amount assigned to the contract at the previous 92749
location.92750

       (F)(1) Annually, a contractor shall complete an assessment of 92751
each individual to whom the contractor provides residential 92752
services to predict the individual's need for routine direct 92753
services staff. The department shall establish by rule adopted in 92754
accordance with Chapter 119. of the Revised Code the assessment 92755
instrument to be used by contractors to make assessments. 92756
Assessments shall be submitted to the department not later than 92757
the thirty-first day of January of each year.92758

       A contractor shall submit a revised assessment for an 92759
individual if there is a substantial, long-term change in the 92760
nature of the individual's needs. A contractor shall submit 92761
revised assessments for all individuals receiving residential 92762
services if there is a change in the composition of the home's 92763
residents.92764

       (2) Annually, a contractor shall submit a cost report to the 92765
department specifying the costs incurred in providing residential 92766
services during the immediately preceding calendar year. Only 92767
costs actually incurred by a contractor shall be reported on a 92768
cost report. Cost reports shall be prepared according to a uniform 92769
chart of accounts approved by the department and shall be 92770
submitted on forms prescribed by the department.92771

       (3) The department shall not renew the contract held by a 92772
contractor who fails to submit the assessments or cost reports 92773
required under this division.92774

       (4) The department shall adopt rules as necessary regarding 92775
the submission of assessments and cost reports under this 92776
division. The rules shall be adopted in accordance with Chapter 92777
119. of the Revised Code.92778

       (G) Prior to renewing a contract entered into under this 92779
section, the department shall compute the contract's total 92780
predicted funding need and total adjusted predicted funding need. 92781
The department shall also compute the contract's unmet funding 92782
need if the payment amount assigned to the contract is less than 92783
the total adjusted predicted funding need. The results of these 92784
calculations shall be used to determine the payment amount 92785
assigned to the renewed contract.92786

       (H)(1) A contract's total predicted funding need is an amount 92787
equal to the sum of the predicted funding needs for the following 92788
cost categories:92789

       (a) Routine direct services staff;92790

       (b) Dietary, program supplies, and specialized staff;92791

       (c) Facility and general services;92792

       (d) Administration.92793

       (2) Based on the assessments submitted by the contractor, the 92794
department shall compute the contract's predicted funding need for 92795
the routine direct services staff cost category by multiplying the 92796
number of direct services staff predicted to be necessary for the 92797
home by the sum of the following:92798

       (a) Entry level wages paid during the immediately preceding 92799
cost reporting period to comparable staff employed by the county 92800
board of developmental disabilities of the county in which the 92801
home is located;92802

       (b) Fringe benefits and payroll taxes as determined by the 92803
department using state civil service statistics from the same 92804
period as the cost reporting period.92805

       (3) The department shall establish by rule adopted in 92806
accordance with Chapter 119. of the Revised Code the method to be 92807
used to compute the predicted funding need for the dietary, 92808
program supplies, and specialized staff cost category; the 92809
facility and general services cost category; and the 92810
administration cost category. The rules shall not establish a 92811
maximum amount that may be attributed to the dietary, program 92812
supplies, and specialized staff cost category. The rules shall 92813
establish a process for determining the combined maximum amount 92814
that may be attributed to the facility and general services cost 92815
category and the administration cost category.92816

       (I)(1) A contract's total adjusted predicted funding need is 92817
the contract's total predicted funding need with adjustments made 92818
for the following:92819

       (a) Inflation, as provided under division (I)(2) of this 92820
section;92821

       (b) The predicted cost of complying with new requirements 92822
established under federal or state law that were not taken into 92823
consideration when the total predicted funding need was computed;92824

       (c) Changes in needs based on revised assessments submitted 92825
by the contractor.92826

       (2) In adjusting the total predicted funding need for 92827
inflation, the department shall use either the consumer price 92828
index compound annual inflation rate calculated by the United 92829
States department of labor for all items or another index or 92830
measurement of inflation designated in rules that the department 92831
shall adopt in accordance with Chapter 119. of the Revised Code.92832

       When a contract is being renewed for the first time, and the 92833
contract is to begin on the first day of July, the inflation 92834
adjustment applied to the contract's total predicted funding need 92835
shall be the estimated rate of inflation for the calendar year in 92836
which the contract is renewed. If the consumer price index is 92837
being used, the department shall base its estimate on the rate of 92838
inflation calculated for the three-month period ending the 92839
thirty-first day of March of that calendar year. If another index 92840
or measurement is being used, the department shall base its 92841
estimate on the most recent calculations of the rate of inflation 92842
available under the index or measurement. Each year thereafter, 92843
the inflation adjustment shall be estimated in the same manner, 92844
except that if the estimated rate of inflation for a year is 92845
different from the actual rate of inflation for that year, the 92846
difference shall be added to or subtracted from the rate of 92847
inflation estimated for the next succeeding year.92848

       If a contract begins at any time other than July first, the 92849
inflation adjustment applied to the contract's total predicted 92850
funding need shall be determined by a method comparable to that 92851
used for contracts beginning July first. The department shall 92852
adopt rules in accordance with Chapter 119. of the Revised Code 92853
establishing the method to be used.92854

       (J) A contract's unmet funding need is the difference between 92855
the payment amount assigned to the contract and the total adjusted 92856
predicted funding need, if the payment amount assigned is less 92857
than the total adjusted predicted funding need.92858

       (K) The payment amount to be assigned to a contract being 92859
renewed shall be determined by comparing the total adjusted 92860
predicted funding need with the payment amount assigned to the 92861
current contract.92862

       (1) If the payment amount assigned to the current contract 92863
equals or exceeds the total adjusted predicted funding need, the 92864
payment amount assigned to the renewed contract shall be the same 92865
as that assigned to the current contract, unless a reduction is 92866
made pursuant to division (L) of this section.92867

       (2) If the payment amount assigned to the current contract is 92868
less than the total adjusted predicted funding need, the payment 92869
amount assigned to the renewed contract shall be increased if the 92870
department determines that funds are available for such increases. 92871
The amount of a contract's increase shall be the same percentage 92872
of the available funds that the contract's unmet funding need is 92873
of the total of the unmet funding need for all contracts.92874

       (L) When renewing a contract provided for in division (B) of 92875
this section other than a companion home contract, the department 92876
may reduce the payment amount assigned to a renewed contract if 92877
the sum of the contractor's allowable reported costs and the 92878
maximum efficiency incentive is less than ninety-one and one-half 92879
per cent of the amount received pursuant to this section during 92880
the immediately preceding contract year.92881

       The department shall adopt rules in accordance with Chapter 92882
119. of the Revised Code establishing a formula to be used in 92883
computing the maximum efficiency incentive, which shall be at 92884
least four per cent of the weighted average payment amount to be 92885
made to all contractors during the contract year. The maximum 92886
efficiency incentive shall be computed annually.92887

       (M) The department may increase the payment amount assigned 92888
to a contract based on the contract's unmet funding need at times 92889
other than when the contract is renewed. The department may 92890
develop policies for determining priorities in making such 92891
increases.92892

       (N)(1) In addition to the contracts provided for in division 92893
(B) of this section, the department may enter into the following 92894
contracts:92895

       (a) A contract to pay the cost of beginning operation of a 92896
new home that is to be funded under a companion home contract, 92897
agency-operated companion home contract, community home contract, 92898
or combined agency-operated companion home and community home 92899
contract.92900

       (b) A contract to pay the cost associated with increasing the 92901
number of individuals served by a home funded under a companion 92902
home contract, agency-operated companion home contract, community 92903
home contract, or combined agency-operated companion home and 92904
community home contract.92905

       (2) The department shall adopt rules as necessary regarding 92906
contracts entered into under this division. The rules shall be 92907
adopted in accordance with Chapter 119. of the Revised Code.92908

       (O) Except for companion home contracts, the department shall 92909
conduct a reconciliation of the amount earned under a contract and 92910
the actual costs incurred by the contractor. An amount is 92911
considered to have been earned for delivering a service at the 92912
time the service is delivered. The department shall adopt rules in 92913
accordance with Chapter 119. of the Revised Code establishing 92914
procedures for conducting reconciliations.92915

       A reconciliation shall be based on the annual cost report 92916
submitted by the contractor. If a reconciliation reveals that a 92917
contractor owes money to the state, the amount owed shall be 92918
collected in accordance with section 5123.051 of the Revised Code.92919

       When conducting reconciliations, the department shall review 92920
all reported costs that may be affected by transactions required 92921
to be reported under division (B)(3) of section 5123.172 of the 92922
Revised Code. If the department determines that such transactions 92923
have increased the cost reported by a contractor, the department 92924
may disallow or adjust the cost allowable for payment. The 92925
department shall adopt rules in accordance with Chapter 119. of 92926
the Revised Code establishing standards for disallowances or 92927
adjustments.92928

       (P) The department may audit the contracts it enters into 92929
under this section. Audits may be conducted by the department or 92930
an entity with which the department contracts to perform the 92931
audits. The department shall adopt rules in accordance with 92932
Chapter 119. of the Revised Code establishing procedures for 92933
conducting audits.92934

       An audit may include the examination of a contractor's 92935
financial books and records, the costs incurred by a contractor in 92936
providing residential services, and any other relevant information 92937
specified by the department. An audit shall not be commenced more 92938
than four years after the expiration of the contract to be 92939
audited, except in cases where the department has reasonable cause 92940
to believe that a contractor has committed fraud.92941

       If an audit reveals that a contractor owes money to the 92942
state, the amount owed, subject to an adjudication hearing under 92943
this division, shall be collected in accordance with section 92944
5123.051 of the Revised Code. If an audit reveals that a 92945
reconciliation conducted under this section resulted in the 92946
contractor erroneously paying money to the state, the department 92947
shall refund the money to the contractor, or, in lieu of making a 92948
refund, the department may offset the erroneous payment against 92949
any money determined as a result of the audit to be owed by the 92950
contractor to the state. The department is not required to pay 92951
interest on any money refunded under this division.92952

       In conducting audits or making determinations of amounts owed 92953
by a contractor and amounts to be refunded or offset, the 92954
department shall not be bound by the results of reconciliations 92955
conducted under this section, except with regard to cases 92956
involving claims that have been certified pursuant to section 92957
5123.051 of the Revised Code to the attorney general for 92958
collection for which a full and final settlement has been reached 92959
or a final judgment has been made from which all rights of appeal 92960
have expired or been exhausted.92961

       Not later than ninety days after an audit's completion, the 92962
department shall provide the contractor a copy of a report of the 92963
audit. The report shall state the findings of the audit, including 92964
the amount of any money the contractor is determined to owe the 92965
state.92966

       (Q) The department shall adopt rules specifying the amount 92967
that will be allowed under a reconciliation or audit for the cost 92968
incurred by a contractor for compensation of owners, 92969
administrators, and other personnel. The rules shall be adopted in 92970
accordance with Chapter 119. of the Revised Code.92971

       (R) Each contractor shall, for at least seven years, maintain 92972
fiscal records related to payments received pursuant to this 92973
section.92974

       (S) The department may enter into shared funding agreements 92975
with other government agencies to fund contracts entered into 92976
under this section. The amount of each agency's share of the cost 92977
shall be determined through negotiations with the department. The 92978
department's share shall not exceed the amount it would have paid 92979
without entering into the shared funding agreement, nor shall it 92980
be reduced by any amounts contributed by the other parties to the 92981
agreement.92982

       (T) Except as provided in section 5123.194 of the Revised 92983
Code, an individual who receives residential services pursuant to 92984
divisions (A) through (U) of this section and the individual's 92985
liable relatives or guardians shall pay support charges in 92986
accordance with Chapter 5121. of the Revised Code.92987

       (U) The department may make reimbursements or payments for 92988
any of the following pursuant to rules adopted under this 92989
division:92990

       (1) Unanticipated, nonrecurring costs associated with the 92991
health or habilitation of a person who resides in a home funded 92992
under a contract provided for in division (B) of this section;92993

       (2) The cost of staff development training for contractors if 92994
the director of developmental disabilities has given prior 92995
approval for the training;92996

       (3) Fixed costs that the department, pursuant to the rules, 92997
determines relate to the continued operation of a home funded 92998
under a contract provided for in division (B) of this section when 92999
a short term vacancy occurs and the contractor has diligently 93000
attempted to fill the vacancy.93001

       The department shall adopt rules in accordance with Chapter 93002
119. of the Revised Code establishing standards for use in 93003
determining which costs it may make payment or reimbursements for 93004
under this division.93005

       (V) In addition to the rules required or authorized to be 93006
adopted under this section, the department may adopt any other 93007
rules necessary to implement divisions (A) through (U) of this 93008
section. The rules shall be adopted in accordance with Chapter 93009
119. of the Revised Code.93010

       (W) The department may delegate to county boards of 93011
developmental disabilities its authority under this section to 93012
negotiate and enter into contracts or subcontracts for residential 93013
services. In the event that it elects to delegate its authority, 93014
the department shall adopt rules in accordance with Chapter 119. 93015
of the Revised Code for the boards' administration of the 93016
contracts or subcontracts. In administering the contracts or 93017
subcontracts, the boards shall be subject to all applicable 93018
provisions of Chapter 5126. of the Revised Code and shall not be 93019
subject to the provisions of divisions (A) to (V) of this section.93020

       Subject to the department's rules, a board may require the 93021
following to contribute to the cost of the residential services an 93022
individual receives pursuant to this division: the individual or 93023
the individual's estate, the individual's spouse, the individual's 93024
guardian, and, if the individual is under age eighteen, either or 93025
both of the individual's parents. Chapter 5121. of the Revised 93026
Code shall not apply to individuals or entities that are subject 93027
to making contributions under this division. In calculating 93028
contributions to be made under this division, a board, subject to 93029
the department's rules, may allow an amount to be kept for meeting 93030
the personal needs of the individual who receives residential 93031
services.93032

       Sec. 5123.19.  (A) As used in this section and in sections 93033
5123.191, 5123.193, 5123.194, 5123.196, 5123.197, 5123.198, and 93034
5123.20 of the Revised Code:93035

       (1)(a) "Residential facility" means a home or facility in 93036
which a mentally retarded or developmentally disabled person 93037
resides, except the home of a relative or legal guardian in which 93038
a mentally retarded or developmentally disabled person resides, a 93039
respite care home certified under section 5126.05 of the Revised 93040
Code, a county home or district home operated pursuant to Chapter 93041
5155. of the Revised Code, or a dwelling in which the only 93042
mentally retarded or developmentally disabled residents are in an 93043
independent living arrangement or are being provided supported 93044
living.93045

        (b) "Intermediate care facility for the mentally retarded" 93046
means a residential facility that is considered an intermediate 93047
care facility for the mentally retarded for the purposes of 93048
Chapter 5111. of the Revised Code.93049

       (2) "Political subdivision" means a municipal corporation, 93050
county, or township.93051

       (3) "Independent living arrangement" means an arrangement in 93052
which a mentally retarded or developmentally disabled person 93053
resides in an individualized setting chosen by the person or the 93054
person's guardian, which is not dedicated principally to the 93055
provision of residential services for mentally retarded or 93056
developmentally disabled persons, and for which no financial 93057
support is received for rendering such service from any 93058
governmental agency by a provider of residential services.93059

        (4) "Licensee" means the person or government agency that has 93060
applied for a license to operate a residential facility and to 93061
which the license was issued under this section.93062

       (5) "Related party" has the same meaning as in section 93063
5123.16 of the Revised Code except that "provider" as used in the 93064
definition of "related party" means a person or government entity 93065
that held or applied for a license to operate a residential 93066
facility, rather than a person or government entity certified to 93067
provide supported living.93068

       (B) Every person or government agency desiring to operate a 93069
residential facility shall apply for licensure of the facility to 93070
the director of developmental disabilities unless the residential 93071
facility is subject to section 3721.02, 3722.045119.73, 5103.03, 93072
or 5119.20 of the Revised Code. Notwithstanding Chapter 3721. of 93073
the Revised Code, a nursing home that is certified as an 93074
intermediate care facility for the mentally retarded under Title 93075
XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A. 93076
1396, as amended, shall apply for licensure of the portion of the 93077
home that is certified as an intermediate care facility for the 93078
mentally retarded.93079

       (C) Subject to section 5123.196 of the Revised Code, the 93080
director of developmental disabilities shall license the operation 93081
of residential facilities. An initial license shall be issued for 93082
a period that does not exceed one year, unless the director denies 93083
the license under division (D) of this section. A license shall be 93084
renewed for a period that does not exceed three years, unless the 93085
director refuses to renew the license under division (D) of this 93086
section. The director, when issuing or renewing a license, shall 93087
specify the period for which the license is being issued or 93088
renewed. A license remains valid for the length of the licensing 93089
period specified by the director, unless the license is 93090
terminated, revoked, or voluntarily surrendered.93091

       (D) If it is determined that an applicant or licensee is not 93092
in compliance with a provision of this chapter that applies to 93093
residential facilities or the rules adopted under such a 93094
provision, the director may deny issuance of a license, refuse to 93095
renew a license, terminate a license, revoke a license, issue an 93096
order for the suspension of admissions to a facility, issue an 93097
order for the placement of a monitor at a facility, issue an order 93098
for the immediate removal of residents, or take any other action 93099
the director considers necessary consistent with the director's 93100
authority under this chapter regarding residential facilities. In 93101
the director's selection and administration of the sanction to be 93102
imposed, all of the following apply:93103

       (1) The director may deny, refuse to renew, or revoke a 93104
license, if the director determines that the applicant or licensee 93105
has demonstrated a pattern of serious noncompliance or that a 93106
violation creates a substantial risk to the health and safety of 93107
residents of a residential facility.93108

       (2) The director may terminate a license if more than twelve 93109
consecutive months have elapsed since the residential facility was 93110
last occupied by a resident or a notice required by division (K) 93111
of this section is not given.93112

       (3) The director may issue an order for the suspension of 93113
admissions to a facility for any violation that may result in 93114
sanctions under division (D)(1) of this section and for any other 93115
violation specified in rules adopted under division (H)(2) of this 93116
section. If the suspension of admissions is imposed for a 93117
violation that may result in sanctions under division (D)(1) of 93118
this section, the director may impose the suspension before 93119
providing an opportunity for an adjudication under Chapter 119. of 93120
the Revised Code. The director shall lift an order for the 93121
suspension of admissions when the director determines that the 93122
violation that formed the basis for the order has been corrected.93123

       (4) The director may order the placement of a monitor at a 93124
residential facility for any violation specified in rules adopted 93125
under division (H)(2) of this section. The director shall lift the 93126
order when the director determines that the violation that formed 93127
the basis for the order has been corrected.93128

       (5) If the director determines that two or more residential 93129
facilities owned or operated by the same person or government 93130
entity are not being operated in compliance with a provision of 93131
this chapter that applies to residential facilities or the rules 93132
adopted under such a provision, and the director's findings are 93133
based on the same or a substantially similar action, practice, 93134
circumstance, or incident that creates a substantial risk to the 93135
health and safety of the residents, the director shall conduct a 93136
survey as soon as practicable at each residential facility owned 93137
or operated by that person or government entity. The director may 93138
take any action authorized by this section with respect to any 93139
facility found to be operating in violation of a provision of this 93140
chapter that applies to residential facilities or the rules 93141
adopted under such a provision.93142

       (6) When the director initiates license revocation 93143
proceedings, no opportunity for submitting a plan of correction 93144
shall be given. The director shall notify the licensee by letter 93145
of the initiation of the proceedings. The letter shall list the 93146
deficiencies of the residential facility and inform the licensee 93147
that no plan of correction will be accepted. The director shall 93148
also send a copy of the letter to the county board of 93149
developmental disabilities. The county board shall send a copy of 93150
the letter to each of the following:93151

        (a) Each resident who receives services from the licensee;93152

        (b) The guardian of each resident who receives services from 93153
the licensee if the resident has a guardian;93154

        (c) The parent or guardian of each resident who receives 93155
services from the licensee if the resident is a minor.93156

       (7) Pursuant to rules which shall be adopted in accordance 93157
with Chapter 119. of the Revised Code, the director may order the 93158
immediate removal of residents from a residential facility 93159
whenever conditions at the facility present an immediate danger of 93160
physical or psychological harm to the residents.93161

       (8) In determining whether a residential facility is being 93162
operated in compliance with a provision of this chapter that 93163
applies to residential facilities or the rules adopted under such 93164
a provision, or whether conditions at a residential facility 93165
present an immediate danger of physical or psychological harm to 93166
the residents, the director may rely on information obtained by a 93167
county board of developmental disabilities or other governmental 93168
agencies.93169

       (9) In proceedings initiated to deny, refuse to renew, or 93170
revoke licenses, the director may deny, refuse to renew, or revoke 93171
a license regardless of whether some or all of the deficiencies 93172
that prompted the proceedings have been corrected at the time of 93173
the hearing.93174

       (E) The director shall establish a program under which public 93175
notification may be made when the director has initiated license 93176
revocation proceedings or has issued an order for the suspension 93177
of admissions, placement of a monitor, or removal of residents. 93178
The director shall adopt rules in accordance with Chapter 119. of 93179
the Revised Code to implement this division. The rules shall 93180
establish the procedures by which the public notification will be 93181
made and specify the circumstances for which the notification must 93182
be made. The rules shall require that public notification be made 93183
if the director has taken action against the facility in the 93184
eighteen-month period immediately preceding the director's latest 93185
action against the facility and the latest action is being taken 93186
for the same or a substantially similar violation of a provision 93187
of this chapter that applies to residential facilities or the 93188
rules adopted under such a provision. The rules shall specify a 93189
method for removing or amending the public notification if the 93190
director's action is found to have been unjustified or the 93191
violation at the residential facility has been corrected.93192

       (F)(1) Except as provided in division (F)(2) of this section, 93193
appeals from proceedings initiated to impose a sanction under 93194
division (D) of this section shall be conducted in accordance with 93195
Chapter 119. of the Revised Code.93196

       (2) Appeals from proceedings initiated to order the 93197
suspension of admissions to a facility shall be conducted in 93198
accordance with Chapter 119. of the Revised Code, unless the order 93199
was issued before providing an opportunity for an adjudication, in 93200
which case all of the following apply:93201

       (a) The licensee may request a hearing not later than ten 93202
days after receiving the notice specified in section 119.07 of the 93203
Revised Code.93204

       (b) If a timely request for a hearing that includes the 93205
licensee's current address is made, the hearing shall commence not 93206
later than thirty days after the department receives the request.93207

       (c) After commencing, the hearing shall continue 93208
uninterrupted, except for Saturdays, Sundays, and legal holidays, 93209
unless other interruptions are agreed to by the licensee and the 93210
director.93211

       (d) If the hearing is conducted by a hearing examiner, the 93212
hearing examiner shall file a report and recommendations not later 93213
than ten days after the last of the following:93214

       (i) The close of the hearing;93215

       (ii) If a transcript of the proceedings is ordered, the 93216
hearing examiner receives the transcript;93217

        (iii) If post-hearing briefs are timely filed, the hearing 93218
examiner receives the briefs.93219

       (e) A copy of the written report and recommendation of the 93220
hearing examiner shall be sent, by certified mail, to the licensee 93221
and the licensee's attorney, if applicable, not later than five 93222
days after the report is filed.93223

        (f) Not later than five days after the hearing examiner files 93224
the report and recommendations, the licensee may file objections 93225
to the report and recommendations.93226

       (g) Not later than fifteen days after the hearing examiner 93227
files the report and recommendations, the director shall issue an 93228
order approving, modifying, or disapproving the report and 93229
recommendations.93230

       (h) Notwithstanding the pendency of the hearing, the director 93231
shall lift the order for the suspension of admissions when the 93232
director determines that the violation that formed the basis for 93233
the order has been corrected.93234

       (G) Neither a person or government agency whose application 93235
for a license to operate a residential facility is denied nor a 93236
related party of the person or government agency may apply for a 93237
license to operate a residential facility before the date that is 93238
one year after the date of the denial. Neither a licensee whose 93239
residential facility license is revoked nor a related party of the 93240
licensee may apply for a residential facility license before the 93241
date that is five years after the date of the revocation.93242

        (H) In accordance with Chapter 119. of the Revised Code, the 93243
director shall adopt and may amend and rescind rules for licensing 93244
and regulating the operation of residential facilities, including 93245
intermediate care facilities for the mentally retarded. The rules 93246
for intermediate care facilities for the mentally retarded may 93247
differ from those for other residential facilities. The rules 93248
shall establish and specify the following:93249

       (1) Procedures and criteria for issuing and renewing 93250
licenses, including procedures and criteria for determining the 93251
length of the licensing period that the director must specify for 93252
each license when it is issued or renewed;93253

       (2) Procedures and criteria for denying, refusing to renew, 93254
terminating, and revoking licenses and for ordering the suspension 93255
of admissions to a facility, placement of a monitor at a facility, 93256
and the immediate removal of residents from a facility;93257

       (3) Fees for issuing and renewing licenses, which shall be 93258
deposited into the program fee fund created under section 5123.033 93259
of the Revised Code;93260

       (4) Procedures for surveying residential facilities;93261

       (5) Requirements for the training of residential facility 93262
personnel;93263

       (6) Classifications for the various types of residential 93264
facilities;93265

       (7) Certification procedures for licensees and management 93266
contractors that the director determines are necessary to ensure 93267
that they have the skills and qualifications to properly operate 93268
or manage residential facilities;93269

       (8) The maximum number of persons who may be served in a 93270
particular type of residential facility;93271

       (9) Uniform procedures for admission of persons to and 93272
transfers and discharges of persons from residential facilities;93273

       (10) Other standards for the operation of residential 93274
facilities and the services provided at residential facilities;93275

       (11) Procedures for waiving any provision of any rule adopted 93276
under this section.93277

       (I) Before issuing a license, the director of the department 93278
or the director's designee shall conduct a survey of the 93279
residential facility for which application is made. The director 93280
or the director's designee shall conduct a survey of each licensed 93281
residential facility at least once during the period the license 93282
is valid and may conduct additional inspections as needed. A 93283
survey includes but is not limited to an on-site examination and 93284
evaluation of the residential facility, its personnel, and the 93285
services provided there.93286

       In conducting surveys, the director or the director's 93287
designee shall be given access to the residential facility; all 93288
records, accounts, and any other documents related to the 93289
operation of the facility; the licensee; the residents of the 93290
facility; and all persons acting on behalf of, under the control 93291
of, or in connection with the licensee. The licensee and all 93292
persons on behalf of, under the control of, or in connection with 93293
the licensee shall cooperate with the director or the director's 93294
designee in conducting the survey.93295

       Following each survey, unless the director initiates a 93296
license revocation proceeding, the director or the director's 93297
designee shall provide the licensee with a report listing any 93298
deficiencies, specifying a timetable within which the licensee 93299
shall submit a plan of correction describing how the deficiencies 93300
will be corrected, and, when appropriate, specifying a timetable 93301
within which the licensee must correct the deficiencies. After a 93302
plan of correction is submitted, the director or the director's 93303
designee shall approve or disapprove the plan. A copy of the 93304
report and any approved plan of correction shall be provided to 93305
any person who requests it.93306

       The director shall initiate disciplinary action against any 93307
department employee who notifies or causes the notification to any 93308
unauthorized person of an unannounced survey of a residential 93309
facility by an authorized representative of the department.93310

       (J) In addition to any other information which may be 93311
required of applicants for a license pursuant to this section, the 93312
director shall require each applicant to provide a copy of an 93313
approved plan for a proposed residential facility pursuant to 93314
section 5123.042 of the Revised Code. This division does not apply 93315
to renewal of a license or to an applicant for an initial or 93316
modified license who meets the requirements of section 5123.193 or 93317
5123.197 of the Revised Code.93318

       (K) A licensee shall notify the owner of the building in 93319
which the licensee's residential facility is located of any 93320
significant change in the identity of the licensee or management 93321
contractor before the effective date of the change if the licensee 93322
is not the owner of the building.93323

       Pursuant to rules which shall be adopted in accordance with 93324
Chapter 119. of the Revised Code, the director may require 93325
notification to the department of any significant change in the 93326
ownership of a residential facility or in the identity of the 93327
licensee or management contractor. If the director determines that 93328
a significant change of ownership is proposed, the director shall 93329
consider the proposed change to be an application for development 93330
by a new operator pursuant to section 5123.042 of the Revised Code 93331
and shall advise the applicant within sixty days of the 93332
notification that the current license shall continue in effect or 93333
a new license will be required pursuant to this section. If the 93334
director requires a new license, the director shall permit the 93335
facility to continue to operate under the current license until 93336
the new license is issued, unless the current license is revoked, 93337
refused to be renewed, or terminated in accordance with Chapter 93338
119. of the Revised Code.93339

       (L) A county board of developmental disabilities, the legal 93340
rights service, and any interested person may file complaints 93341
alleging violations of statute or department rule relating to 93342
residential facilities with the department. All complaints shall 93343
be in writing and shall state the facts constituting the basis of 93344
the allegation. The department shall not reveal the source of any 93345
complaint unless the complainant agrees in writing to waive the 93346
right to confidentiality or until so ordered by a court of 93347
competent jurisdiction.93348

       The department shall adopt rules in accordance with Chapter 93349
119. of the Revised Code establishing procedures for the receipt, 93350
referral, investigation, and disposition of complaints filed with 93351
the department under this division.93352

       (M) The department shall establish procedures for the 93353
notification of interested parties of the transfer or interim care 93354
of residents from residential facilities that are closing or are 93355
losing their license.93356

       (N) Before issuing a license under this section to a 93357
residential facility that will accommodate at any time more than 93358
one mentally retarded or developmentally disabled individual, the 93359
director shall, by first class mail, notify the following:93360

       (1) If the facility will be located in a municipal 93361
corporation, the clerk of the legislative authority of the 93362
municipal corporation;93363

       (2) If the facility will be located in unincorporated 93364
territory, the clerk of the appropriate board of county 93365
commissioners and the fiscal officer of the appropriate board of 93366
township trustees.93367

       The director shall not issue the license for ten days after 93368
mailing the notice, excluding Saturdays, Sundays, and legal 93369
holidays, in order to give the notified local officials time in 93370
which to comment on the proposed issuance.93371

       Any legislative authority of a municipal corporation, board 93372
of county commissioners, or board of township trustees that 93373
receives notice under this division of the proposed issuance of a 93374
license for a residential facility may comment on it in writing to 93375
the director within ten days after the director mailed the notice, 93376
excluding Saturdays, Sundays, and legal holidays. If the director 93377
receives written comments from any notified officials within the 93378
specified time, the director shall make written findings 93379
concerning the comments and the director's decision on the 93380
issuance of the license. If the director does not receive written 93381
comments from any notified local officials within the specified 93382
time, the director shall continue the process for issuance of the 93383
license.93384

       (O) Any person may operate a licensed residential facility 93385
that provides room and board, personal care, habilitation 93386
services, and supervision in a family setting for at least six but 93387
not more than eight persons with mental retardation or a 93388
developmental disability as a permitted use in any residential 93389
district or zone, including any single-family residential district 93390
or zone, of any political subdivision. These residential 93391
facilities may be required to comply with area, height, yard, and 93392
architectural compatibility requirements that are uniformly 93393
imposed upon all single-family residences within the district or 93394
zone.93395

       (P) Any person may operate a licensed residential facility 93396
that provides room and board, personal care, habilitation 93397
services, and supervision in a family setting for at least nine 93398
but not more than sixteen persons with mental retardation or a 93399
developmental disability as a permitted use in any multiple-family 93400
residential district or zone of any political subdivision, except 93401
that a political subdivision that has enacted a zoning ordinance 93402
or resolution establishing planned unit development districts may 93403
exclude these residential facilities from those districts, and a 93404
political subdivision that has enacted a zoning ordinance or 93405
resolution may regulate these residential facilities in 93406
multiple-family residential districts or zones as a conditionally 93407
permitted use or special exception, in either case, under 93408
reasonable and specific standards and conditions set out in the 93409
zoning ordinance or resolution to:93410

       (1) Require the architectural design and site layout of the 93411
residential facility and the location, nature, and height of any 93412
walls, screens, and fences to be compatible with adjoining land 93413
uses and the residential character of the neighborhood;93414

       (2) Require compliance with yard, parking, and sign 93415
regulation;93416

       (3) Limit excessive concentration of these residential 93417
facilities.93418

       (Q) This section does not prohibit a political subdivision 93419
from applying to residential facilities nondiscriminatory 93420
regulations requiring compliance with health, fire, and safety 93421
regulations and building standards and regulations.93422

       (R) Divisions (O) and (P) of this section are not applicable 93423
to municipal corporations that had in effect on June 15, 1977, an 93424
ordinance specifically permitting in residential zones licensed 93425
residential facilities by means of permitted uses, conditional 93426
uses, or special exception, so long as such ordinance remains in 93427
effect without any substantive modification.93428

       (S)(1) The director may issue an interim license to operate a 93429
residential facility to an applicant for a license under this 93430
section if either of the following is the case:93431

       (a) The director determines that an emergency exists 93432
requiring immediate placement of persons in a residential 93433
facility, that insufficient licensed beds are available, and that 93434
the residential facility is likely to receive a permanent license 93435
under this section within thirty days after issuance of the 93436
interim license.93437

       (b) The director determines that the issuance of an interim 93438
license is necessary to meet a temporary need for a residential 93439
facility.93440

       (2) To be eligible to receive an interim license, an 93441
applicant must meet the same criteria that must be met to receive 93442
a permanent license under this section, except for any differing 93443
procedures and time frames that may apply to issuance of a 93444
permanent license.93445

       (3) An interim license shall be valid for thirty days and may 93446
be renewed by the director for a period not to exceed one hundred 93447
fifty days.93448

       (4) The director shall adopt rules in accordance with Chapter 93449
119. of the Revised Code as the director considers necessary to 93450
administer the issuance of interim licenses.93451

       (T) Notwithstanding rules adopted pursuant to this section 93452
establishing the maximum number of persons who may be served in a 93453
particular type of residential facility, a residential facility 93454
shall be permitted to serve the same number of persons being 93455
served by the facility on the effective date of the rules or the 93456
number of persons for which the facility is authorized pursuant to 93457
a current application for a certificate of need with a letter of 93458
support from the department of developmental disabilities and 93459
which is in the review process prior to April 4, 1986.93460

       (U) The director or the director's designee may enter at any 93461
time, for purposes of investigation, any home, facility, or other 93462
structure that has been reported to the director or that the 93463
director has reasonable cause to believe is being operated as a 93464
residential facility without a license issued under this section.93465

       The director may petition the court of common pleas of the 93466
county in which an unlicensed residential facility is located for 93467
an order enjoining the person or governmental agency operating the 93468
facility from continuing to operate without a license. The court 93469
may grant the injunction on a showing that the person or 93470
governmental agency named in the petition is operating a 93471
residential facility without a license. The court may grant the 93472
injunction, regardless of whether the residential facility meets 93473
the requirements for receiving a license under this section.93474

       Sec. 5123.191.  (A) The court of common pleas or a judge 93475
thereof in the judge's county, or the probate court, may appoint a 93476
receiver to take possession of and operate a residential facility 93477
licensed by the department of developmental disabilities, in 93478
causes pending in such courts respectively, when conditions 93479
existing at the facility present a substantial risk of physical or 93480
mental harm to residents and no other remedies at law are adequate 93481
to protect the health, safety, and welfare of the residents. 93482
Conditions at the facility that may present such risk of harm 93483
include, but are not limited to, instances when any of the 93484
following occur:93485

       (1) The residential facility is in violation of state or 93486
federal law or regulations.93487

       (2) The facility has had its license revoked or procedures 93488
for revocation have been initiated, or the facility is closing or 93489
intends to cease operations.93490

       (3) Arrangements for relocating residents need to be made.93491

       (4) Insolvency of the operator, licensee, or landowner 93492
threatens the operation of the facility.93493

       (5) The facility or operator has demonstrated a pattern and 93494
practice of repeated violations of state or federal laws or 93495
regulations.93496

       (B) A court in which a petition is filed pursuant to this 93497
section shall notify the person holding the license for the 93498
facility and the department of developmental disabilities of the 93499
filing. The court shall order the department to notify the legal 93500
rights service, facility owner, facility operator, county board of 93501
developmental disabilities, facility residents, and residents' 93502
parents and guardians of the filing of the petition.93503

       The court shall provide a hearing on the petition within five 93504
court days of the time it was filed, except that the court may 93505
appoint a receiver prior to that time if it determines that the 93506
circumstances necessitate such action. Following a hearing on the 93507
petition, and upon a determination that the appointment of a 93508
receiver is warranted, the court shall appoint a receiver and 93509
notify the department of developmental disabilities and 93510
appropriate persons of this action.93511

       (C) A residential facility for which a receiver has been 93512
named is deemed to be in compliance with section 5123.19 and 93513
Chapter 3721. of the Revised Code for the duration of the 93514
receivership.93515

       (D) When the operating revenue of a residential facility in 93516
receivership is insufficient to meet its operating expenses, 93517
including the cost of bringing the facility into compliance with 93518
state or federal laws or regulations, the court may order the 93519
state to provide necessary funding, except as provided in division 93520
(K) of this section. The state shall provide such funding, subject 93521
to the approval of the controlling board. The court may also order 93522
the appropriate authorities to expedite all inspections necessary 93523
for the issuance of licenses or the certification of a facility, 93524
and order a facility to be closed if it determines that reasonable 93525
efforts cannot bring the facility into substantial compliance with 93526
the law.93527

       (E) In establishing a receivership, the court shall set forth 93528
the powers and duties of the receiver. The court may generally 93529
authorize the receiver to do all that is prudent and necessary to 93530
safely and efficiently operate the residential facility within the 93531
requirements of state and federal law, but shall require the 93532
receiver to obtain court approval prior to making any single 93533
expenditure of more than five thousand dollars to correct 93534
deficiencies in the structure or furnishings of a facility. The 93535
court shall closely review the conduct of the receiver it has 93536
appointed and shall require regular and detailed reports. The 93537
receivership shall be reviewed at least every sixty days.93538

       (F) A receivership established pursuant to this section shall 93539
be terminated, following notification of the appropriate parties 93540
and a hearing, if the court determines either of the following:93541

       (1) The residential facility has been closed and the former 93542
residents have been relocated to an appropriate facility.93543

       (2) Circumstances no longer exist at the facility that 93544
present a substantial risk of physical or mental harm to 93545
residents, and there is no deficiency in the facility that is 93546
likely to create a future risk of harm.93547

       Notwithstanding division (F)(2) of this section, the court 93548
shall not terminate a receivership for a residential facility that 93549
has previously operated under another receivership unless the 93550
responsibility for the operation of the facility is transferred to 93551
an operator approved by the court and the department of 93552
developmental disabilities.93553

       (G) The department of developmental disabilities may, upon 93554
its own initiative or at the request of an owner, operator, or 93555
resident of a residential facility, or at the request of a 93556
resident's guardian or relative,or a county board of 93557
developmental disabilities, or the legal rights service, petition 93558
the court to appoint a receiver to take possession of and operate 93559
a residential facility. When the department has been requested to 93560
file a petition by any of the parties listed above, it shall, 93561
within forty-eight hours of such request, either file such a 93562
petition or notify the requesting party of its decision not to 93563
file. If the department refuses to file, the requesting party may 93564
file a petition with the court requesting the appointment of a 93565
receiver to take possession of and operate a residential facility.93566

       Petitions filed pursuant to this division shall include the 93567
following:93568

       (1) A description of the specific conditions existing at the 93569
facility which present a substantial risk of physical or mental 93570
harm to residents;93571

       (2) A statement of the absence of other adequate remedies at 93572
law;93573

       (3) The number of individuals residing at the facility;93574

       (4) A statement that the facts have been brought to the 93575
attention of the owner or licensee and that conditions have not 93576
been remedied within a reasonable period of time or that the 93577
conditions, though remedied periodically, habitually exist at the 93578
facility as a pattern or practice;93579

       (5) The name and address of the person holding the license 93580
for the facility and the address of the department of 93581
developmental disabilities.93582

       The court may award to an operator appropriate costs and 93583
expenses, including reasonable attorney's fees, if it determines 93584
that a petitioner has initiated a proceeding in bad faith or 93585
merely for the purpose of harassing or embarrassing the operator.93586

       (H) Except for the department of developmental disabilities 93587
or a county board of developmental disabilities, no party or 93588
person interested in an action shall be appointed a receiver 93589
pursuant to this section.93590

       To assist the court in identifying persons qualified to be 93591
named as receivers, the director of developmental disabilities or 93592
the director's designee shall maintain a list of the names of such 93593
persons. The director shall, in accordance with Chapter 119. of 93594
the Revised Code, establish standards for evaluating persons 93595
desiring to be included on such a list.93596

       (I) Before a receiver enters upon the duties of that person, 93597
the receiver must be sworn to perform the duties of receiver 93598
faithfully, and, with surety approved by the court, judge, or 93599
clerk, execute a bond to such person, and in such sum as the court 93600
or judge directs, to the effect that such receiver will faithfully 93601
discharge the duties of receiver in the action, and obey the 93602
orders of the court therein.93603

       (J) Under the control of the appointing court, a receiver may 93604
bring and defend actions in the receiver's own name as receiver 93605
and take and keep possession of property.93606

       The court shall authorize the receiver to do the following:93607

       (1) Collect payment for all goods and services provided to 93608
the residents or others during the period of the receivership at 93609
the same rate as was charged by the licensee at the time the 93610
petition for receivership was filed, unless a different rate is 93611
set by the court;93612

       (2) Honor all leases, mortgages, and secured transactions 93613
governing all buildings, goods, and fixtures of which the receiver 93614
has taken possession and continues to use, subject to the 93615
following conditions:93616

       (a) In the case of a rental agreement, only to the extent of 93617
payments that are for the use of the property during the period of 93618
the receivership;93619

       (b) In the case of a purchase agreement only to the extent of 93620
payments that come due during the period of the receivership;93621

       (c) If the court determines that the cost of the lease, 93622
mortgage, or secured transaction was increased by a transaction 93623
required to be reported under division (B)(3) of section 5123.172 93624
of the Revised Code, only to the extent determined by the court to 93625
be the fair market value for use of the property during the period 93626
of the receivership.93627

       (3) If transfer of residents is necessary, provide for the 93628
orderly transfer of residents by doing the following:93629

       (a) Cooperating with all appropriate state and local agencies 93630
in carrying out the transfer of residents to alternative community 93631
placements;93632

       (b) Providing for the transportation of residents' belongings 93633
and records;93634

       (c) Helping to locate alternative placements and develop 93635
discharge plans;93636

       (d) Preparing residents for the trauma of discharge;93637

       (e) Permitting residents or guardians to participate in 93638
transfer or discharge planning except when an emergency exists and 93639
immediate transfer is necessary.93640

       (4) Make periodic reports on the status of the residential 93641
program to the appropriate state agency, county board of 93642
developmental disabilities, parents, guardians, and residents;93643

       (5) Compromise demands or claims;93644

       (6) Generally do such acts respecting the residential 93645
facility as the court authorizes.93646

       (K) Neither the receiver nor the department of developmental 93647
disabilities is liable for debts incurred by the owner or operator 93648
of a residential facility for which a receiver has been appointed.93649

       (L) The department of developmental disabilities may contract 93650
for the operation of a residential facility in receivership. The 93651
department shall establish the conditions of a contract. A 93652
condition may be the same as, similar to, or different from a 93653
condition established by section 5123.18 of the Revised Code and 93654
the rules adopted under that section for a contract entered into 93655
under that section. Notwithstanding any other provision of law, 93656
contracts that are necessary to carry out the powers and duties of 93657
the receiver need not be competitively bid.93658

       (M) The department of developmental disabilities, the 93659
department of job and family services, and the department of 93660
health shall provide technical assistance to any receiver 93661
appointed pursuant to this section.93662

       Sec. 5123.194.  In the case of an individual who resides in a 93663
residential facility and is preparing to move into an independent 93664
living arrangement and the individual's liable relative, the 93665
department of developmental disabilities may waive the support 93666
collection requirements of sections 5121.04,and 5123.122, and 93667
5123.18 of the Revised Code for the purpose of allowing income or 93668
resources to be used to acquire items necessary for independent 93669
living. The department shall adopt rules in accordance with 93670
section 111.15 of the Revised Code to implement this section, 93671
including rules that establish the method the department shall use 93672
to determine when an individual is preparing to move into an 93673
independent living arrangement.93674

       Sec. 5123.35.  (A) There is hereby created the Ohio 93675
developmental disabilities council, which shall serve as an 93676
advocate for all persons with developmental disabilities. The 93677
council shall act in accordance with the "Developmental 93678
Disabilities Assistance and Bill of Rights Act," 98 Stat. 2662 93679
(1984), 42 U.S.C. 6001, as amended. The governor shall appoint the 93680
members of the council in accordance with 42 U.S.C. 6024.93681

       (B) The Ohio developmental disabilities council shall develop 93682
the state plan required by federal law as a condition of receiving 93683
federal assistance under 42 U.S.C. 6021 to 6030. The department of 93684
developmental disabilities, as the state agency selected by the 93685
governor for purposes of receiving the federal assistance, shall 93686
receive, account for, and disburse funds based on the state plan 93687
and shall provide assurances and other administrative support 93688
services required as a condition of receiving the federal 93689
assistance.93690

       (C) The federal funds may be disbursed through grants to or 93691
contracts with persons and government agencies for the provision 93692
of necessary or useful goods and services for developmentally 93693
disabled persons. The Ohio developmental disabilities council may 93694
award the grants or enter into the contracts.93695

       (D) The Ohio developmental disabilities council may award 93696
grants to or enter into contracts with a member of the council or 93697
an entity that the member represents if all of the following 93698
apply:93699

       (1) The member serves on the council as a representative of 93700
one of the principal state agencies concerned with services for 93701
persons with developmental disabilities as specified in 42 U.S.C. 93702
6024(b)(3), a representative of a university affiliated program as 93703
defined in 42 U.S.C. 6001(18), or a representative of the legal 93704
rights service created underOhio protection and advocacy system, 93705
as defined in section 5123.60 of the Revised Code.93706

       (2) The council determines that the member or the entity the 93707
member represents is capable of providing the goods or services 93708
specified under the terms of the grant or contract.93709

       (3) The member has not taken part in any discussion or vote 93710
of the council related to awarding the grant or entering into the 93711
contract, including service as a member of a review panel 93712
established by the council to award grants or enter into contracts 93713
or to make recommendations with regard to awarding grants or 93714
entering into contracts.93715

       (E) A member of the Ohio developmental disabilities council 93716
is not in violation of Chapter 102. or section 2921.42 of the 93717
Revised Code with regard to receiving a grant or entering into a 93718
contract under this section if the requirements of division (D) of 93719
this section have been met.93720

       Sec. 5123.352.  There is hereby created in the state treasury 93721
the community developmental disabilities trust fund. The director 93722
of developmental disabilities, not later than sixty days after the 93723
end of each fiscal year, shall certify to the director of budget 93724
and management the amount of all the unexpended, unencumbered 93725
balances of general revenue fund appropriations made to the 93726
department of developmental disabilities for the fiscal year, 93727
excluding appropriations for rental payments to the Ohio public 93728
facilities commission, and the amount of any other funds held by 93729
the department in excess of amounts necessary to meet the 93730
department's operating costs and obligations pursuant to this 93731
chapter and Chapter 5126. of the Revised Code. On receipt of the 93732
certification, the director of budget and management shall 93733
transfer cash to the trust fund in an amount up to, but not 93734
exceeding, the total of the amounts certified by the director of 93735
developmental disabilities, except in cases in which the transfer 93736
will involve more than twenty million dollars. In such cases, the 93737
director of budget and management shall notify the controlling 93738
board and must receive the board's approval of the transfer prior 93739
to making the transfer.93740

        All moneys in the trust fund shall be distributedused for 93741
purposes specified in accordance with section 5126.195123.041893742
of the Revised Code.93743

       Sec. 5123.45. (A) The department of developmental 93744
disabilities shall establish a program under which the department 93745
issues certificates to the following:93746

       (1) MR/DD personnel, for purposes of meeting the requirement 93747
of division (C)(1) of section 5123.42 of the Revised Code to 93748
obtain a certificate or certificates to administer prescribed 93749
medications, perform health-related activities, and perform tube 93750
feedings;93751

       (2) Registered nurses, for purposes of meeting the 93752
requirement of division (B)(1) of section 5123.441 of the Revised 93753
Code to obtain a certificate or certificates to provide the MR/DD 93754
personnel training courses developed under section 5123.43 of the 93755
Revised Code.93756

       (B)(1) Except as provided in division (B)(2) of this section, 93757
to receive a certificate issued under this section, MR/DD 93758
personnel and registered nurses shall successfully complete the 93759
applicable training course or courses and meet all other 93760
applicable requirements established in rules adopted pursuant to 93761
this section. The department shall issue the appropriate 93762
certificate or certificates to MR/DD personnel and registered 93763
nurses who meet the requirements for the certificate or 93764
certificates.93765

       (2) The department shall include provisions in the program 93766
for issuing certificates to the following:93767

       (a) MR/DD personnel and registered nurses who, on March 31, 93768
2003, are authorized to provide care to individuals with mental 93769
retardation and developmental disabilities pursuant to section 93770
5123.193 or sections 5126.351 to 5126.354 of the Revised Codewere 93771
required to be included in the certificate program pursuant to 93772
division (B)(2) of this section as that division existed 93773
immediately before the effective date of this amendment. A person93774
MR/DD personnel who receivesreceive a certificate under division 93775
(B)(2)(a) of this section shall not administer insulin until the 93776
person hasthey have been trained by a registered nurse who has 93777
received a certificate under this section that allows the 93778
registered nurse to provide training courses to MR/DD personnel in 93779
the administration of insulin.93780

       (b) Registered nurses who, on March 31, 2003, are authorized 93781
to train MR/DD personnel to provide care to individuals with 93782
mental retardation and developmental disabilities pursuant to 93783
section 5123.193 or sections 5126.351 to 5126.354 of the Revised 93784
Code. A registered nurse who receives a certificate under division 93785
(B)(2)(b) of this section shall not provide training courses to 93786
MR/DD personnel in the administration of insulin unless the 93787
registered nurse completes a course developed under section 93788
5123.44 of the Revised Code that enables the registered nurse to 93789
receive a certificate to provide training courses to MR/DD 93790
personnel in the administration of insulin.93791

       (C) Certificates issued to MR/DD personnel are valid for one 93792
year and may be renewed. Certificates issued to registered nurses 93793
are valid for two years and may be renewed.93794

       To be eligible for renewal, MR/DD personnel and registered 93795
nurses shall meet the applicable continued competency requirements 93796
and continuing education requirements specified in rules adopted 93797
under division (D) of this section. In the case of registered 93798
nurses, continuing nursing education completed in compliance with 93799
the license renewal requirements established under Chapter 4723. 93800
of the Revised Code may be counted toward meeting the continuing 93801
education requirements established in the rules adopted under 93802
division (D) of this section.93803

       (D) In accordance with section 5123.46 of the Revised Code, 93804
the department shall adopt rules that establish all of the 93805
following:93806

       (1) Requirements that MR/DD personnel and registered nurses 93807
must meet to be eligible to take a training course;93808

       (2) Standards that must be met to receive a certificate, 93809
including requirements pertaining to an applicant's criminal 93810
background;93811

       (3) Procedures to be followed in applying for a certificate 93812
and issuing a certificate;93813

       (4) Standards and procedures for renewing a certificate, 93814
including requirements for continuing education and, in the case 93815
of MR/DD personnel who administer prescribed medications, 93816
standards that require successful demonstration of proficiency in 93817
administering prescribed medications;93818

       (5) Standards and procedures for suspending or revoking a 93819
certificate;93820

       (6) Standards and procedures for suspending a certificate 93821
without a hearing pending the outcome of an investigation;93822

       (7) Any other standards or procedures the department 93823
considers necessary to administer the certification program.93824

       Sec. 5123.60. (A) As used in this section and section 93825
5123.601 of the Revised Code, "Ohio protection and advocacy 93826
system" means the nonprofit entity designated by the governor in 93827
accordance with H.B. 153 of the 129th general assembly to serve as 93828
the state's protection and advocacy system and client assistance 93829
program.93830

       (B) The Ohio protection and advocacy system shall provide 93831
both of the following:93832

       (1) Advocacy services for people with disabilities, as 93833
provided under section 101 of the "Developmental Disabilities 93834
Assistance and Bill of Rights Act of 2000," 114 Stat. 1678 (2000), 93835
42 U.S.C. 15001;93836

       (2) A client assistance program, as provided under section 93837
112 of the "Workforce Investment Act of 1998," 112 Stat. 1163 93838
(1998), 29 U.S.C. 732, as amended.93839

       (C) The Ohio protection and advocacy system may establish any 93840
guidelines necessary for its operation.93841

       Sec. 5123.60.        Sec. 5123.601.  (A) A legal rights service is hereby 93842
created and established to protect and advocate the rights of 93843
mentally ill persons, mentally retarded persons, developmentally 93844
disabled persons, and other disabled persons who may be 93845
represented by the service pursuant to division (L) of this 93846
section; to receive and act upon complaints concerning 93847
institutional and hospital practices and conditions of 93848
institutions for mentally retarded or developmentally disabled 93849
persons and hospitals for the mentally ill; and to assure that all 93850
persons detained, hospitalized, discharged, or institutionalized, 93851
and all persons whose detention, hospitalization, discharge, or 93852
institutionalization is sought or has been sought under this 93853
chapter or Chapter 5122. of the Revised Code are fully informed of 93854
their rights and adequately represented by counsel in proceedings 93855
under this chapter or Chapter 5122. of the Revised Code and in any 93856
proceedings to secure the rights of those persons. Notwithstanding 93857
the definitions of "mentally retarded person" and "developmentally 93858
disabled person" in section 5123.01 of the Revised Code, the legal 93859
rights service shall determine who is a mentally retarded or 93860
developmentally disabled person for purposes of this section and 93861
sections 5123.601 to 5123.604 of the Revised Code.93862

       (B)(1) In regard to those persons detained, hospitalized, or 93863
institutionalized under Chapter 5122. of the Revised Code, the 93864
legal rights service shall undertake formal representation only of 93865
those persons who are involuntarily detained, hospitalized, or 93866
institutionalized pursuant to sections 5122.10 to 5122.15 of the 93867
Revised Code, and those voluntarily detained, hospitalized, or 93868
institutionalized who are minors, who have been adjudicated 93869
incompetent, who have been detained, hospitalized, or 93870
institutionalized in a public hospital, or who have requested 93871
representation by the legal rights service.93872

       (2) If a person referred to in division (A) of this section 93873
voluntarily requests in writing that the legal rights service 93874
terminate participation in the person's case, such involvement 93875
shall cease.93876

       (3) Persons described in divisions (A) and (B)(1) of this 93877
section who are represented by the legal rights service are 93878
clients of the legal rights service.93879

       (C) Any person voluntarily hospitalized or institutionalized 93880
in a public hospital under division (A) of section 5122.02 of the 93881
Revised Code, after being fully informed of the person's rights 93882
under division (A) of this section, may, by written request, waive 93883
assistance by the legal rights service if the waiver is knowingly 93884
and intelligently made, without duress or coercion.93885

       The waiver may be rescinded at any time by the voluntary 93886
patient or resident, or by the voluntary patient's or resident's 93887
legal guardian.93888

       (D)(1) The legal rights service commission is hereby created 93889
for the purposes of appointing an administrator of the legal 93890
rights service, advising the administrator, assisting the 93891
administrator in developing a budget, advising the administrator 93892
in establishing and annually reviewing a strategic plan, creating 93893
a procedure for filing and determination of grievances against the 93894
legal rights service, and establishing general policy guidelines, 93895
including guidelines for the commencement of litigation, for the 93896
legal rights service. The commission may adopt rules to carry 93897
these purposes into effect and may receive and act upon appeals of 93898
personnel decisions by the administrator.93899

       (2) The commission shall consist of seven members. One 93900
member, who shall serve as chairperson, shall be appointed by the 93901
chief justice of the supreme court, three members shall be 93902
appointed by the speaker of the house of representatives, and 93903
three members shall be appointed by the president of the senate. 93904
At least two members shall have experience in the field of 93905
developmental disabilities, and at least two members shall have 93906
experience in the field of mental health. No member shall be a 93907
provider or related to a provider of services to mentally 93908
retarded, developmentally disabled, or mentally ill persons.93909

       (3) Terms of office of the members of the commission shall be 93910
for three years, each term ending on the same day of the month of 93911
the year as did the term which it succeeds. Each member shall 93912
serve subsequent to the expiration of the member's term until a 93913
successor is appointed and qualifies, or until sixty days has 93914
elapsed, whichever occurs first. No member shall serve more than 93915
two consecutive terms.93916

       All vacancies in the membership of the commission shall be 93917
filled in the manner prescribed for regular appointments to the 93918
commission and shall be limited to the unexpired terms.93919

       (4) The commission shall meet at least four times each year. 93920
Members shall be reimbursed for their necessary and actual 93921
expenses incurred in the performance of their official duties.93922

       (5) The administrator of the legal rights service shall serve 93923
at the pleasure of the commission.93924

       The administrator shall be an attorney admitted to practice 93925
law in this state. The salary of the administrator shall be 93926
established in accordance with section 124.14 of the Revised Code.93927

       (E) The legal rights service shall be completely independent 93928
of the department of mental health and the department of 93929
developmental disabilities and, notwithstanding section 109.02 of 93930
the Revised Code, shall also be independent of the office of the 93931
attorney general. The administrator of the legal rights service93932
Ohio protection and advocacy system, staff, and attorneys 93933
designated by the administratorsystem to represent persons 93934
detained, hospitalized, or institutionalized under this chapter or 93935
Chapter 5122. of the Revised Code shall have ready access to all 93936
of the following:93937

       (1) During normal business hours and at other reasonable 93938
times, all records, except records of community residential 93939
facilities and records of contract agencies of county boards of 93940
developmental disabilities and boards of alcohol, drug addiction,93941
and mental health services, relating to expenditures of state and 93942
federal funds or to the commitment, care, treatment, and 93943
habilitation of all persons represented by the legal rights 93944
serviceOhio protection and advocacy system, including those who 93945
may be represented pursuant to division (L)(D) of this section, or 93946
persons detained, hospitalized, institutionalized, or receiving 93947
services under this chapter or Chapter 340., 5119., 5122., or 93948
5126. of the Revised Code that are records maintained by the 93949
following entities providing services for those persons: 93950
departments; institutions; hospitals; boards of alcohol, drug 93951
addiction, and mental health services; county boards of 93952
developmental disabilities; and any other entity providing 93953
services to persons who may be represented by the serviceOhio 93954
protection and advocacy system pursuant to division (L)(D) of this 93955
section;93956

       (2) Any records maintained in computerized data banks of the 93957
departments or boards or, in the case of persons who may be 93958
represented by the serviceOhio protection and advocacy system93959
pursuant to division (L)(D) of this section, any other entity that 93960
provides services to those persons;93961

       (3) During their normal working hours, personnel of the 93962
departments, facilities, boards, agencies, institutions, 93963
hospitals, and other service-providing entities;93964

       (4) At any time, all persons detained, hospitalized, or 93965
institutionalized; persons receiving services under this chapter 93966
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and 93967
persons who may be represented by the serviceOhio protection and 93968
advocacy system pursuant to division (L)(D) of this section.93969

       (5) Records of a community residential facility, a contract 93970
agency of a board of alcohol, drug addiction, and mental health 93971
services, or a contract agency of a county board of developmental 93972
disabilities with one of the following consents:93973

        (a) The consent of the person, including when the person is a 93974
minor or has been adjudicated incompetent;93975

        (b) The consent of the person's guardian of the person, if 93976
any, or the parent if the person is a minor;93977

        (c) No consent, if the person is unable to consent for any 93978
reason, and the guardian of the person, if any, or the parent of 93979
the minor, has refused to consent or has not responded to a 93980
request for consent and either of the following has occurred:93981

        (i) A complaint regarding the person has been received by the 93982
legal rights serviceOhio protection and advocacy system;93983

        (ii) The legal rights serviceOhio protection and advocacy 93984
system has determined that there is probable cause to believe that 93985
such person has been subjected to abuse or neglect.93986

       (F) The administrator of the legal rights service shall do 93987
the following:93988

       (1) Administer and organize the work of the legal rights 93989
service and establish administrative or geographic divisions as 93990
the administrator considers necessary, proper, and expedient;93991

       (2) Adopt and promulgate rules that are not in conflict with 93992
rules adopted by the commission and prescribe duties for the 93993
efficient conduct of the business and general administration of 93994
the legal rights service;93995

       (3) Appoint and discharge employees, and hire experts, 93996
consultants, advisors, or other professionally qualified persons 93997
as the administrator considers necessary to carry out the duties 93998
of the legal rights service;93999

       (4) Apply for and accept grants of funds, and accept 94000
charitable gifts and bequests;94001

       (5) Prepare and submit a budget to the general assembly for 94002
the operation of the legal rights service. At least thirty days 94003
prior to submitting the budget to the general assembly, the 94004
administrator shall provide a copy of the budget to the commission 94005
for review and comment. When submitting the budget to the general 94006
assembly, the administrator shall include a copy of any written 94007
comments returned by the commission to the administrator.94008

       (6) Enter into contracts and make expenditures necessary for 94009
the efficient operation of the legal rights service;94010

       (7) Annually prepare a report of activities and submit copies 94011
of the report to the governor, the chief justice of the supreme 94012
court, the president of the senate, the speaker of the house of 94013
representatives, the director of mental health, and the director 94014
of developmental disabilities, and make the report available to 94015
the public;94016

       (8) Upon request of the commission or of the chairperson of 94017
the commission, report to the commission on specific litigation 94018
issues or activities.94019

       (G)(1) The legal rights service may act directly or contract 94020
with other organizations or individuals for the provision of the 94021
services envisioned under this section.94022

       (2) Whenever possible, the administrator shall attempt to 94023
facilitate the resolution of complaints through administrative 94024
channels. Subject to division (G)(3) of this section, if attempts 94025
at administrative resolution prove unsatisfactory, the 94026
administrator may pursue any legal, administrative, and other 94027
appropriate remedies or approaches that may be necessary to 94028
accomplish the purposes of this section.94029

       (3) The administrator may not pursue a class action lawsuit 94030
under division (G)(2) of this section when attempts at 94031
administrative resolution of a complaint prove unsatisfactory 94032
under that division unless both of the following have first 94033
occurred:94034

       (a) At least four members of the commission, by their 94035
affirmative vote, have consented to the pursuit of the class 94036
action lawsuit;94037

       (b) At least five members of the commission are present at 94038
the meeting of the commission at which that consent is obtained.94039

       (4)(B) All records received or maintained by the legal rights 94040
serviceOhio protection and advocacy system in connection with any 94041
investigation, representation, or other activity under this 94042
section shall be confidential and shall not be disclosed except as 94043
authorized by the person represented by the legal rights service94044
Ohio protection and advocacy system or, subject to any privilege, 94045
a guardian of the person or parent of the minor. Subject to 94046
division (G)(5) of this section, relationshipsRelationships94047
between personnel and the agents of the legal rights serviceOhio 94048
protection and advocacy system and its clients shall be fiduciary 94049
relationships, and all communications shall be privileged as if 94050
between attorney and client.94051

       (5) Any person who has been represented by the legal rights 94052
service or who has applied for and been denied representation and 94053
who files a grievance with the service concerning the 94054
representation or application may appeal the decision of the 94055
service on the grievance to the commission. The person may appeal 94056
notwithstanding any objections of the person's legal guardian. The 94057
commission may examine any records relevant to the appeal and 94058
shall maintain the confidentiality of any records that are 94059
required to be kept confidential.94060

       (H)(C) The legal rights service, on the order of the 94061
administrator, with the approval by an affirmative vote of at 94062
least four members of the commission,Ohio protection and advocacy 94063
system may compel by subpoena the appearance and sworn testimony 94064
of any person the administratorOhio protection and advocacy 94065
system reasonably believes may be able to provide information or 94066
to produce any documents, books, records, papers, or other 94067
information necessary to carry out its duties. On the refusal of 94068
any person to produce or authenticate any requested documents, the 94069
legal rights serviceOhio protection and advocacy system may apply 94070
to the Franklin county court of common pleas to compel the 94071
production or authentication of requested documents. If the court 94072
finds that failure to produce or authenticate any requested 94073
documents was improper, the court may hold the person in contempt 94074
as in the case of disobedience of the requirements of a subpoena 94075
issued from the court, or a refusal to testify in the court.94076

       (I) The legal rights service may conduct public hearings.94077

       (J) The legal rights service may request from any 94078
governmental agency any cooperation, assistance, services, or data 94079
that will enable it to perform its duties.94080

       (K) In any malpractice action filed against the administrator 94081
of the legal rights service, a member of the staff of the legal 94082
rights service, or an attorney designated by the administrator to 94083
perform legal services under division (E) of this section, the 94084
state shall, when the administrator, member, or attorney has acted 94085
in good faith and in the scope of employment, indemnify the 94086
administrator, member, or attorney for any judgment awarded or 94087
amount negotiated in settlement, and for any court costs or legal 94088
fees incurred in defense of the claim.94089

       This division does not limit or waive, and shall not be 94090
construed to limit or waive, any defense that is available to the 94091
legal rights service, its administrator or employees, persons 94092
under a personal services contract with it, or persons designated 94093
under division (E) of this section, including, but not limited to, 94094
any defense available under section 9.86 of the Revised Code.94095

       (L)(D) In addition to providing services to mentally ill, 94096
mentally retarded, or developmentally disabled persons, when a 94097
grant authorizing the provision of services to other individuals 94098
is accepted pursuant to division (F)(4) of this sectionby the 94099
Ohio protection and advocacy system, the legal rights service and 94100
its ombudsperson sectionOhio protection and advocacy system may 94101
provide advocacy or ombudsperson services to those other 94102
individuals and exercise any other authority granted by this 94103
section or sections 5123.601 to 5123.604 of the Revised Code on 94104
behalf of those individuals. Determinations of whether an 94105
individual is eligible for services under this division shall be 94106
made by the legal rights serviceOhio protection and advocacy 94107
system.94108

       Sec. 5123.61.  (A) As used in this section:94109

       (1) "Law enforcement agency" means the state highway patrol, 94110
the police department of a municipal corporation, or a county 94111
sheriff.94112

       (2) "Abuse" has the same meaning as in section 5123.50 of the 94113
Revised Code, except that it includes a misappropriation, as 94114
defined in that section.94115

       (3) "Neglect" has the same meaning as in section 5123.50 of 94116
the Revised Code.94117

       (B) The department of developmental disabilities shall 94118
establish a registry office for the purpose of maintaining reports 94119
of abuse, neglect, and other major unusual incidents made to the 94120
department under this section and reports received from county 94121
boards of developmental disabilities under section 5126.31 of the 94122
Revised Code. The department shall establish committees to review 94123
reports of abuse, neglect, and other major unusual incidents.94124

       (C)(1) Any person listed in division (C)(2) of this section, 94125
having reason to believe that a person with mental retardation or 94126
a developmental disability has suffered or faces a substantial 94127
risk of suffering any wound, injury, disability, or condition of 94128
such a nature as to reasonably indicate abuse or neglect of that 94129
person, shall immediately report or cause reports to be made of 94130
such information to the entity specified in this division. Except 94131
as provided in section 5120.173 of the Revised Code or as 94132
otherwise provided in this division, the person making the report 94133
shall make it to a law enforcement agency or to the county board 94134
of developmental disabilities. If the report concerns a resident 94135
of a facility operated by the department of developmental 94136
disabilities the report shall be made either to a law enforcement 94137
agency or to the department. If the report concerns any act or 94138
omission of an employee of a county board of developmental 94139
disabilities, the report immediately shall be made to the 94140
department and to the county board.94141

       (2) All of the following persons are required to make a 94142
report under division (C)(1) of this section:94143

       (a) Any physician, including a hospital intern or resident, 94144
any dentist, podiatrist, chiropractor, practitioner of a limited 94145
branch of medicine as specified in section 4731.15 of the Revised 94146
Code, hospital administrator or employee of a hospital, nurse 94147
licensed under Chapter 4723. of the Revised Code, employee of an 94148
ambulatory health facility as defined in section 5101.61 of the 94149
Revised Code, employee of a home health agency, employee of an 94150
adult care facility licensed under Chapter 3722. of the Revised 94151
Code, or employee of a community mental health facility;94152

       (b) Any school teacher or school authority, social worker, 94153
psychologist, attorney, peace officer, coroner, or residents' 94154
rights advocate as defined in section 3721.10 of the Revised Code;94155

       (c) A superintendent, board member, or employee of a county 94156
board of developmental disabilities; an administrator, board 94157
member, or employee of a residential facility licensed under 94158
section 5123.19 of the Revised Code; an administrator, board 94159
member, or employee of any other public or private provider of 94160
services to a person with mental retardation or a developmental 94161
disability, or any MR/DD employee, as defined in section 5123.50 94162
of the Revised Code;94163

       (d) A member of a citizen's advisory council established at 94164
an institution or branch institution of the department of 94165
developmental disabilities under section 5123.092 of the Revised 94166
Code;94167

       (e) A clergyman who is employed in a position that includes 94168
providing specialized services to an individual with mental 94169
retardation or another developmental disability, while acting in 94170
an official or professional capacity in that position, or a person 94171
who is employed in a position that includes providing specialized 94172
services to an individual with mental retardation or another 94173
developmental disability and who, while acting in an official or 94174
professional capacity, renders spiritual treatment through prayer 94175
in accordance with the tenets of an organized religion.94176

       (3)(a) The reporting requirements of this division do not 94177
apply to members of the legal rights service commission or to94178
employees of the legal rights serviceOhio protection and advocacy 94179
system.94180

       (b) An attorney or physician is not required to make a report 94181
pursuant to division (C)(1) of this section concerning any 94182
communication the attorney or physician receives from a client or 94183
patient in an attorney-client or physician-patient relationship, 94184
if, in accordance with division (A) or (B) of section 2317.02 of 94185
the Revised Code, the attorney or physician could not testify with 94186
respect to that communication in a civil or criminal proceeding, 94187
except that the client or patient is deemed to have waived any 94188
testimonial privilege under division (A) or (B) of section 2317.02 94189
of the Revised Code with respect to that communication and the 94190
attorney or physician shall make a report pursuant to division 94191
(C)(1) of this section, if both of the following apply:94192

       (i) The client or patient, at the time of the communication, 94193
is a person with mental retardation or a developmental disability.94194

       (ii) The attorney or physician knows or suspects, as a result 94195
of the communication or any observations made during that 94196
communication, that the client or patient has suffered or faces a 94197
substantial risk of suffering any wound, injury, disability, or 94198
condition of a nature that reasonably indicates abuse or neglect 94199
of the client or patient.94200

       (4) Any person who fails to make a report required under 94201
division (C) of this section and who is an MR/DD employee, as 94202
defined in section 5123.50 of the Revised Code, shall be eligible 94203
to be included in the registry regarding misappropriation, abuse, 94204
neglect, or other specified misconduct by MR/DD employees 94205
established under section 5123.52 of the Revised Code.94206

       (D) The reports required under division (C) of this section 94207
shall be made forthwith by telephone or in person and shall be 94208
followed by a written report. The reports shall contain the 94209
following:94210

       (1) The names and addresses of the person with mental 94211
retardation or a developmental disability and the person's 94212
custodian, if known;94213

       (2) The age of the person with mental retardation or a 94214
developmental disability;94215

       (3) Any other information that would assist in the 94216
investigation of the report.94217

       (E) When a physician performing services as a member of the 94218
staff of a hospital or similar institution has reason to believe 94219
that a person with mental retardation or a developmental 94220
disability has suffered injury, abuse, or physical neglect, the 94221
physician shall notify the person in charge of the institution or 94222
that person's designated delegate, who shall make the necessary 94223
reports.94224

       (F) Any person having reasonable cause to believe that a 94225
person with mental retardation or a developmental disability has 94226
suffered or faces a substantial risk of suffering abuse or neglect 94227
may report or cause a report to be made of that belief to the 94228
entity specified in this division. Except as provided in section 94229
5120.173 of the Revised Code or as otherwise provided in this 94230
division, the person making the report shall make it to a law 94231
enforcement agency or the county board of developmental 94232
disabilities. If the person is a resident of a facility operated 94233
by the department of developmental disabilities, the report shall 94234
be made to a law enforcement agency or to the department. If the 94235
report concerns any act or omission of an employee of a county 94236
board of developmental disabilities, the report immediately shall 94237
be made to the department and to the county board.94238

       (G)(1) Upon the receipt of a report concerning the possible 94239
abuse or neglect of a person with mental retardation or a 94240
developmental disability, the law enforcement agency shall inform 94241
the county board of developmental disabilities or, if the person 94242
is a resident of a facility operated by the department of 94243
developmental disabilities, the director of the department or the 94244
director's designee.94245

       (2) On receipt of a report under this section that includes 94246
an allegation of action or inaction that may constitute a crime 94247
under federal law or the law of this state, the department of 94248
developmental disabilities shall notify the law enforcement 94249
agency.94250

       (3) When a county board of developmental disabilities 94251
receives a report under this section that includes an allegation 94252
of action or inaction that may constitute a crime under federal 94253
law or the law of this state, the superintendent of the board or 94254
an individual the superintendent designates under division (H) of 94255
this section shall notify the law enforcement agency. The 94256
superintendent or individual shall notify the department of 94257
developmental disabilities when it receives any report under this 94258
section.94259

       (4) When a county board of developmental disabilities 94260
receives a report under this section and believes that the degree 94261
of risk to the person is such that the report is an emergency, the 94262
superintendent of the board or an employee of the board the 94263
superintendent designates shall attempt a face-to-face contact 94264
with the person with mental retardation or a developmental 94265
disability who allegedly is the victim within one hour of the 94266
board's receipt of the report.94267

       (H) The superintendent of the board may designate an 94268
individual to be responsible for notifying the law enforcement 94269
agency and the department when the county board receives a report 94270
under this section.94271

       (I) An adult with mental retardation or a developmental 94272
disability about whom a report is made may be removed from the 94273
adult's place of residence only by law enforcement officers who 94274
consider that the adult's immediate removal is essential to 94275
protect the adult from further injury or abuse or in accordance 94276
with the order of a court made pursuant to section 5126.33 of the 94277
Revised Code.94278

       (J) A law enforcement agency shall investigate each report of 94279
abuse or neglect it receives under this section. In addition, the 94280
department, in cooperation with law enforcement officials, shall 94281
investigate each report regarding a resident of a facility 94282
operated by the department to determine the circumstances 94283
surrounding the injury, the cause of the injury, and the person 94284
responsible. The investigation shall be in accordance with the 94285
memorandum of understanding prepared under section 5126.058 of the 94286
Revised Code. The department shall determine, with the registry 94287
office which shall be maintained by the department, whether prior 94288
reports have been made concerning an adult with mental retardation 94289
or a developmental disability or other principals in the case. If 94290
the department finds that the report involves action or inaction 94291
that may constitute a crime under federal law or the law of this 94292
state, it shall submit a report of its investigation, in writing, 94293
to the law enforcement agency. If the person with mental 94294
retardation or a developmental disability is an adult, with the 94295
consent of the adult, the department shall provide such protective 94296
services as are necessary to protect the adult. The law 94297
enforcement agency shall make a written report of its findings to 94298
the department.94299

       If the person is an adult and is not a resident of a facility 94300
operated by the department, the county board of developmental 94301
disabilities shall review the report of abuse or neglect in 94302
accordance with sections 5126.30 to 5126.33 of the Revised Code 94303
and the law enforcement agency shall make the written report of 94304
its findings to the county board.94305

       (K) Any person or any hospital, institution, school, health 94306
department, or agency participating in the making of reports 94307
pursuant to this section, any person participating as a witness in 94308
an administrative or judicial proceeding resulting from the 94309
reports, or any person or governmental entity that discharges 94310
responsibilities under sections 5126.31 to 5126.33 of the Revised 94311
Code shall be immune from any civil or criminal liability that 94312
might otherwise be incurred or imposed as a result of such actions 94313
except liability for perjury, unless the person or governmental 94314
entity has acted in bad faith or with malicious purpose.94315

       (L) No employer or any person with the authority to do so 94316
shall discharge, demote, transfer, prepare a negative work 94317
performance evaluation, reduce pay or benefits, terminate work 94318
privileges, or take any other action detrimental to an employee or 94319
retaliate against an employee as a result of the employee's having 94320
made a report under this section. This division does not preclude 94321
an employer or person with authority from taking action with 94322
regard to an employee who has made a report under this section if 94323
there is another reasonable basis for the action.94324

       (M) Reports made under this section are not public records as 94325
defined in section 149.43 of the Revised Code. Information 94326
contained in the reports on request shall be made available to the 94327
person who is the subject of the report, to the person's legal 94328
counsel, and to agencies authorized to receive information in the 94329
report by the department or by a county board of developmental 94330
disabilities.94331

       (N) Notwithstanding section 4731.22 of the Revised Code, the 94332
physician-patient privilege shall not be a ground for excluding 94333
evidence regarding the injuries or physical neglect of a person 94334
with mental retardation or a developmental disability or the cause 94335
thereof in any judicial proceeding resulting from a report 94336
submitted pursuant to this section.94337

       Sec. 5123.63.  Every state agency, county board of 94338
developmental disabilities, or political subdivision that provides 94339
services, either directly or through a contract, to persons with 94340
mental retardation or a developmental disability shall give each 94341
provider a copy of the list of rights contained in section 5123.62 94342
of the Revised Code. Each public and private provider of services 94343
shall carry out the requirements of this section in addition to 94344
any other posting or notification requirements imposed by local, 94345
state, or federal law or rules.94346

       The provider shall make copies of the list of rights and 94347
shall be responsible for an initial distribution of the list to 94348
each individual receiving services from the provider. If the 94349
individual is unable to read the list, the provider shall 94350
communicate the contents of the list to the individual to the 94351
extent practicable in a manner that the individual understands. 94352
The individual receiving services or the parent, guardian, or 94353
advocate of the individual shall sign an acknowledgement of 94354
receipt of a copy of the list of rights, and a copy of the signed 94355
acknowledgement shall be placed in the individual's file. The 94356
provider shall also be responsible for answering any questions and 94357
giving any explanations necessary to assist the individual to 94358
understand the rights enumerated. Instruction in these rights 94359
shall be documented.94360

       Each provider shall make available to all persons receiving 94361
services and all employees and visitors a copy of the list of 94362
rights and the addresses and telephone numbers of the legal rights 94363
serviceOhio protection and advocacy system, the department of 94364
developmental disabilities, and the county board of developmental 94365
disabilities of the county in which the provider provides 94366
services.94367

       Sec. 5123.64.  (A) Every provider of services to persons with 94368
mental retardation or a developmental disability shall establish 94369
policies and programs to ensure that all staff members are 94370
familiar with the rights enumerated in section 5123.62 of the 94371
Revised Code and observe those rights in their contacts with 94372
persons receiving services. Any policy, procedure, or rule of the 94373
provider that conflicts with any of the rights enumerated shall be 94374
null and void. Every provider shall establish written procedures 94375
for resolving complaints of violations of those rights. A copy of 94376
the procedures shall be provided to any person receiving services 94377
or to any parent, guardian, or advocate of a person receiving 94378
services.94379

       (B) Any person with mental retardation or a developmental 94380
disability who believes that the person's rights as enumerated in 94381
section 5123.62 of the Revised Code have been violated may:94382

       (1) Bring the violation to the attention of the provider for 94383
resolution;94384

       (2) Report the violation to the department of developmental 94385
disabilities, the ombudsperson section of the legal rights service94386
Ohio protection and advocacy system, or the appropriate county 94387
board of developmental disabilities;94388

       (3) Take any other appropriate action to ensure compliance 94389
with sections 5123.605123.61 to 5123.64 of the Revised Code, 94390
including the filing of a legal action to enforce rights or to 94391
recover damages for violation of rights.94392

       Sec. 5123.69.  (A) Except as provided in division (E)(D) of 94393
this section, any person who is eighteen years of age or older and 94394
who is or believes self to be mentally retarded may make written 94395
application to the managing officer of any institution for 94396
voluntary admission. Except as provided in division (E)(D) of this 94397
section, the application may be made on behalf of a minor by a 94398
parent or guardian, and on behalf of an adult adjudicated mentally 94399
incompetent by a guardian.94400

       (B) The managing officer of an institution, with the 94401
concurrence of the chief program director, may admit a person 94402
applying pursuant to this section only after a comprehensive 94403
evaluation has been made of the person and only if the 94404
comprehensive evaluation concludes that the person is mentally 94405
retarded and would benefit significantly from admission.94406

       (C) If application for voluntary admission of a minor or of a 94407
person adjudicated mentally incompetent is made by the parent or 94408
guardian of the minor or by the guardian of an incompetent and the 94409
minor or incompetent is admitted, the probate division of the 94410
court of common pleas shall determine, upon petition by the legal 94411
rights service, whether the voluntary admission or continued 94412
institutionalization is in the best interest of the minor or 94413
incompetent.94414

       (D) The managing officer shall discharge any voluntary 94415
resident if, in the judgment of the chief program director, the 94416
results of a comprehensive examination indicate that 94417
institutionalization no longer is advisable. In light of the 94418
results of the comprehensive evaluation, the managing officer also 94419
may discharge any voluntary resident if, in the judgment of the 94420
chief program director, the discharge would contribute to the most 94421
effective use of the institution in the habilitation and care of 94422
the mentally retarded.94423

       (E)(D) A person who is found incompetent to stand trial or 94424
not guilty by reason of insanity and who is committed pursuant to 94425
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised 94426
Code shall not voluntarily commit self pursuant to this section 94427
until after the final termination of the commitment, as described 94428
in division (J) of section 2945.401 of the Revised Code.94429

       Sec. 5123.701.  (A) Except as provided in division (E)(D) of 94430
this section, any person in the community who is eighteen years of 94431
age or older and who is or believes self to be mentally retarded 94432
may make written application to the managing officer of any 94433
institution for temporary admission for short-term care. The 94434
application may be made on behalf of a minor by a parent or 94435
guardian, and on behalf of an adult adjudicated mentally 94436
incompetent by a guardian.94437

       (B) For purposes of this section, short-term care shall be 94438
defined to mean appropriate services provided to a person with 94439
mental retardation for no more than fourteen consecutive days and 94440
for no more than forty-two days in a fiscal year. When 94441
circumstances warrant, the fourteen-day period may be extended at 94442
the discretion of the managing officer. Short-term care is 94443
provided in a developmental center to meet the family's or 94444
caretaker's needs for separation from the person with mental 94445
retardation.94446

       (C) The managing officer of an institution, with the 94447
concurrence of the chief program director, may admit a person for 94448
short-term care only after a medical examination has been made of 94449
the person and only if the managing officer concludes that the 94450
person is mentally retarded.94451

       (D) If application for admission for short-term care of a 94452
minor or of a person adjudicated mentally incompetent is made by 94453
the minor's parent or guardian or by the incompetent's guardian 94454
and the minor or incompetent is admitted, the probate division of 94455
the court of common pleas shall determine, upon petition by the 94456
legal rights service, whether the admission for short-term care is 94457
in the best interest of the minor or the incompetent.94458

       (E) A person who is found not guilty by reason of insanity 94459
shall not admit self to an institution for short-term care unless 94460
a hearing was held regarding the person pursuant to division (A) 94461
of section 2945.40 of the Revised Code and either of the following 94462
applies:94463

       (1) The person was found at the hearing not to be a mentally 94464
retarded person subject to institutionalization by court order;94465

       (2) The person was found at the hearing to be a mentally 94466
retarded person subject to institutionalization by court order, 94467
was involuntarily committed, and was finally discharged.94468

       (F)(E) The mentally retarded person, liable relatives, and 94469
guardians of mentally retarded persons admitted for respite care 94470
shall pay support charges in accordance with sections 5121.01 to 94471
5121.21 of the Revised Code.94472

       (G)(F) At the conclusion of each period of short-term care, 94473
the person shall return to the person's family or caretaker. Under 94474
no circumstances shall a person admitted for short-term care 94475
according to this section remain in the institution after the 94476
period of short-term care unless the person is admitted according 94477
to section 5123.70, sections 5123.71 to 5123.76, or section 94478
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised 94479
Code.94480

       Sec. 5123.86.  (A) Except as provided in divisions (C), (D), 94481
(E), and (F) of this section, the chief medical officer shall 94482
provide all information, including expected physical and medical 94483
consequences, necessary to enable any resident of an institution 94484
for the mentally retarded to give a fully informed, intelligent, 94485
and knowing consent if any of the following procedures are 94486
proposed:94487

       (1) Surgery;94488

       (2) Convulsive therapy;94489

       (3) Major aversive interventions;94490

       (4) Sterilization;94491

       (5) Experimental procedures;94492

       (6) Any unusual or hazardous treatment procedures.94493

       (B) No resident shall be subjected to any of the procedures 94494
listed in division (A)(4), (5), or (6) of this section without the 94495
resident's informed consent.94496

       (C) If a resident is physically or mentally unable to receive 94497
the information required for surgery under division (A)(1) of this 94498
section, or has been adjudicated incompetent, the information may 94499
be provided to the resident's natural or court-appointed guardian, 94500
including an agency providing guardianship services under contract 94501
with the department of developmental disabilities under sections 94502
5123.55 to 5123.59 of the Revised Code, who may give the informed, 94503
intelligent, and knowing written consent for surgery. Consent for 94504
surgery shall not be provided by a guardian who is an officer or 94505
employee of the department of mental health or the department of 94506
developmental disabilities.94507

       If a resident is physically or mentally unable to receive the 94508
information required for surgery under division (A)(1) of this 94509
section and has no guardian, then the information, the 94510
recommendation of the chief medical officer, and the concurring 94511
judgment of a licensed physician who is not a full-time employee 94512
of the state may be provided to the court in the county in which 94513
the institution is located, which may approve the surgery. Before 94514
approving the surgery, the court shall notify the legal rights 94515
serviceOhio protection and advocacy system created by section 94516
5123.60 of the Revised Code, and shall notify the resident of the 94517
resident's rights to consult with counsel, to have counsel 94518
appointed by the court if the resident is indigent, and to contest 94519
the recommendation of the chief medical officer.94520

       (D) If, in the judgment of two licensed physicians, delay in 94521
obtaining consent for surgery would create a grave danger to the 94522
health of a resident, emergency surgery may be performed without 94523
the consent of the resident if the necessary information is 94524
provided to the resident's guardian, including an agency providing 94525
guardianship services under contract with the department of 94526
developmental disabilities under sections 5123.55 to 5123.59 of 94527
the Revised Code, or to the resident's spouse or next of kin to 94528
enable that person or agency to give an informed, intelligent, and 94529
knowing written consent.94530

       If the guardian, spouse, or next of kin cannot be contacted 94531
through exercise of reasonable diligence, or if the guardian, 94532
spouse, or next of kin is contacted, but refuses to consent, then 94533
the emergency surgery may be performed upon the written 94534
authorization of the chief medical officer and after court 94535
approval has been obtained. However, if delay in obtaining court 94536
approval would create a grave danger to the life of the resident, 94537
the chief medical officer may authorize surgery, in writing, 94538
without court approval. If the surgery is authorized without court 94539
approval, the chief medical officer who made the authorization and 94540
the physician who performed the surgery shall each execute an 94541
affidavit describing the circumstances constituting the emergency 94542
and warranting the surgery and the circumstances warranting their 94543
not obtaining prior court approval. The affidavit shall be filed 94544
with the court with which the request for prior approval would 94545
have been filed within five court days after the surgery, and a 94546
copy of the affidavit shall be placed in the resident's file and 94547
shall be given to the guardian, spouse, or next of kin of the 94548
resident, to the hospital at which the surgery was performed, and 94549
to the legal rights serviceOhio protection and advocacy system94550
created by section 5123.60 of the Revised Code.94551

       (E)(1) If it is the judgment of two licensed physicians, as 94552
described in division (E)(2) of this section, that a medical 94553
emergency exists and delay in obtaining convulsive therapy creates 94554
a grave danger to the life of a resident who is both mentally 94555
retarded and mentally ill, convulsive therapy may be administered 94556
without the consent of the resident if the resident is physically 94557
or mentally unable to receive the information required for 94558
convulsive therapy and if the necessary information is provided to 94559
the resident's natural or court-appointed guardian, including an 94560
agency providing guardianship services under contract with the 94561
department of developmental disabilities under sections 5123.55 to 94562
5123.59 of the Revised Code, or to the resident's spouse or next 94563
of kin to enable that person or agency to give an informed, 94564
intelligent, and knowing written consent. If neither the 94565
resident's guardian, spouse, nor next of kin can be contacted 94566
through exercise of reasonable diligence, or if the guardian, 94567
spouse, or next of kin is contacted, but refuses to consent, then 94568
convulsive therapy may be performed upon the written authorization 94569
of the chief medical officer and after court approval has been 94570
obtained.94571

       (2) The two licensed physicians referred to in division 94572
(E)(1) of this section shall not be associated with each other in 94573
the practice of medicine or surgery by means of a partnership or 94574
corporate arrangement, other business arrangement, or employment. 94575
At least one of the physicians shall be a psychiatrist as defined 94576
in division (E) of section 5122.01 of the Revised Code.94577

       (F) Major aversive interventions shall not be used unless a 94578
resident continues to engage in behavior destructive to self or 94579
others after other forms of therapy have been attempted. The 94580
director of the legal rights service created by section 5123.60 of 94581
the Revised Code shall be notified of any proposed major aversive 94582
intervention. Major aversive interventions shall not be applied to 94583
a voluntary resident without the informed, intelligent, and 94584
knowing written consent of the resident or the resident's 94585
guardian, including an agency providing guardianship services 94586
under contract with the department of developmental disabilities 94587
under sections 5123.55 to 5123.59 of the Revised Code.94588

       (G)(1) This chapter does not authorize any form of compulsory 94589
medical or psychiatric treatment of any resident who is being 94590
treated by spiritual means through prayer alone in accordance with 94591
a recognized religious method of healing.94592

       (2) For purposes of this section, "convulsive therapy" does 94593
not include defibrillation.94594

       Sec. 5123.99.  (A) Whoever violates section 5123.16 or 94595
5123.20 of the Revised Code is guilty of a misdemeanor of the 94596
first degree.94597

       (B) Whoever violates division (C), (E), or (G)(3) of section 94598
5123.61 of the Revised Code is guilty of a misdemeanor of the 94599
fourth degree or, if the abuse or neglect constitutes a felony, a 94600
misdemeanor of the second degree. In addition to any other 94601
sanction or penalty authorized or required by law, if a person who 94602
is convicted of or pleads guilty to a violation of division (C), 94603
(E), or (G)(3) of section 5123.61 of the Revised Code is an MR/DD 94604
employee, as defined in section 5123.50 of the Revised Code, the 94605
offender shall be eligible to be included in the registry 94606
regarding misappropriation, abuse, neglect, or other specified 94607
misconduct by MR/DD employees established under section 5123.52 of 94608
the Revised Code.94609

       (C) Whoever violates division (A) of section 5123.604 of the 94610
Revised Code is guilty of a misdemeanor of the second degree.94611

       (D) Whoever violates division (B) of section 5123.604 of the 94612
Revised Code shall be fined not more than one thousand dollars. 94613
Each violation constitutes a separate offense.94614

       Sec. 5126.01.  As used in this chapter:94615

       (A) As used in this division, "adult" means an individual who 94616
is eighteen years of age or over and not enrolled in a program or 94617
service under Chapter 3323. of the Revised Code and an individual 94618
sixteen or seventeen years of age who is eligible for adult 94619
services under rules adopted by the director of developmental 94620
disabilities pursuant to Chapter 119. of the Revised Code.94621

       (1) "Adult services" means services provided to an adult 94622
outside the home, except when they are provided within the home 94623
according to an individual's assessed needs and identified in an 94624
individual service plan, that support learning and assistance in 94625
the area of self-care, sensory and motor development, 94626
socialization, daily living skills, communication, community 94627
living, social skills, or vocational skills.94628

       (2) "Adult services" includes all of the following:94629

       (a) Adult day habilitation services;94630

       (b) Adult day care;94631

       (c) Prevocational services;94632

       (d) Sheltered employment;94633

       (e) Educational experiences and training obtained through 94634
entities and activities that are not expressly intended for 94635
individuals with mental retardation and developmental 94636
disabilities, including trade schools, vocational or technical 94637
schools, adult education, job exploration and sampling, unpaid 94638
work experience in the community, volunteer activities, and 94639
spectator sports;94640

       (f) Community employment services and supported employment 94641
services.94642

       (B)(1) "Adult day habilitation services" means adult services 94643
that do the following:94644

       (a) Provide access to and participation in typical activities 94645
and functions of community life that are desired and chosen by the 94646
general population, including such activities and functions as 94647
opportunities to experience and participate in community 94648
exploration, companionship with friends and peers, leisure 94649
activities, hobbies, maintaining family contacts, community 94650
events, and activities where individuals without disabilities are 94651
involved;94652

       (b) Provide supports or a combination of training and 94653
supports that afford an individual a wide variety of opportunities 94654
to facilitate and build relationships and social supports in the 94655
community.94656

       (2) "Adult day habilitation services" includes all of the 94657
following:94658

       (a) Personal care services needed to ensure an individual's 94659
ability to experience and participate in vocational services, 94660
educational services, community activities, and any other adult 94661
day habilitation services;94662

       (b) Skilled services provided while receiving adult day 94663
habilitation services, including such skilled services as behavior 94664
management intervention, occupational therapy, speech and language 94665
therapy, physical therapy, and nursing services;94666

       (c) Training and education in self-determination designed to 94667
help the individual do one or more of the following: develop 94668
self-advocacy skills, exercise the individual's civil rights, 94669
acquire skills that enable the individual to exercise control and 94670
responsibility over the services received, and acquire skills that 94671
enable the individual to become more independent, integrated, or 94672
productive in the community;94673

       (d) Recreational and leisure activities identified in the 94674
individual's service plan as therapeutic in nature or assistive in 94675
developing or maintaining social supports;94676

       (e) Counseling and assistance provided to obtain housing, 94677
including such counseling as identifying options for either rental 94678
or purchase, identifying financial resources, assessing needs for 94679
environmental modifications, locating housing, and planning for 94680
ongoing management and maintenance of the housing selected;94681

       (f) Transportation necessary to access adult day habilitation 94682
services;94683

       (g) Habilitation management, as described in section 5126.14 94684
of the Revised Code.94685

       (3) "Adult day habilitation services" does not include 94686
activities that are components of the provision of residential 94687
services, family support services, or supported living services.94688

       (C) "Appointing authority" means the following:94689

       (1) In the case of a member of a county board of 94690
developmental disabilities appointed by, or to be appointed by, a 94691
board of county commissioners, the board of county commissioners;94692

       (2) In the case of a member of a county board appointed by, 94693
or to be appointed by, a senior probate judge, the senior probate 94694
judge.94695

       (D) "Community employment services" or "supported employment 94696
services" means job training and other services related to 94697
employment outside a sheltered workshop. "Community employment 94698
services" or "supported employment services" include all of the 94699
following:94700

       (1) Job training resulting in the attainment of competitive 94701
work, supported work in a typical work environment, or 94702
self-employment;94703

       (2) Supervised work experience through an employer paid to 94704
provide the supervised work experience;94705

       (3) Ongoing work in a competitive work environment at a wage 94706
commensurate with workers without disabilities;94707

       (4) Ongoing supervision by an employer paid to provide the 94708
supervision.94709

       (E) As used in this division, "substantial functional 94710
limitation," "developmental delay," and "established risk" have 94711
the meanings established pursuant to section 5123.011 of the 94712
Revised Code.94713

       "Developmental disability" means a severe, chronic disability 94714
that is characterized by all of the following:94715

       (1) It is attributable to a mental or physical impairment or 94716
a combination of mental and physical impairments, other than a 94717
mental or physical impairment solely caused by mental illness as 94718
defined in division (A) of section 5122.01 of the Revised Code;94719

       (2) It is manifested before age twenty-two;94720

       (3) It is likely to continue indefinitely;94721

       (4) It results in one of the following:94722

       (a) In the case of a person under age three, at least one 94723
developmental delay or an established risk;94724

       (b) In the case of a person at least age three but under age 94725
six, at least two developmental delays or an established risk;94726

       (c) In the case of a person age six or older, a substantial 94727
functional limitation in at least three of the following areas of 94728
major life activity, as appropriate for the person's age: 94729
self-care, receptive and expressive language, learning, mobility, 94730
self-direction, capacity for independent living, and, if the 94731
person is at least age sixteen, capacity for economic 94732
self-sufficiency.94733

       (5) It causes the person to need a combination and sequence 94734
of special, interdisciplinary, or other type of care, treatment, 94735
or provision of services for an extended period of time that is 94736
individually planned and coordinated for the person.94737

       (F) "Early childhood services" means a planned program of 94738
habilitation designed to meet the needs of individuals with mental 94739
retardation or other developmental disabilities who have not 94740
attained compulsory school age.94741

       (G)(1) "Environmental modifications" means the physical 94742
adaptations to an individual's home, specified in the individual's 94743
service plan, that are necessary to ensure the individual's 94744
health, safety, and welfare or that enable the individual to 94745
function with greater independence in the home, and without which 94746
the individual would require institutionalization.94747

       (2) "Environmental modifications" includes such adaptations 94748
as installation of ramps and grab-bars, widening of doorways, 94749
modification of bathroom facilities, and installation of 94750
specialized electric and plumbing systems necessary to accommodate 94751
the individual's medical equipment and supplies.94752

       (3) "Environmental modifications" does not include physical 94753
adaptations or improvements to the home that are of general 94754
utility or not of direct medical or remedial benefit to the 94755
individual, including such adaptations or improvements as 94756
carpeting, roof repair, and central air conditioning.94757

       (H) "Family support services" means the services provided 94758
under a family support services program operated under section 94759
5126.11 of the Revised Code.94760

       (I) "Habilitation" means the process by which the staff of 94761
the facility or agency assists an individual with mental 94762
retardation or other developmental disability in acquiring and 94763
maintaining those life skills that enable the individual to cope 94764
more effectively with the demands of the individual's own person 94765
and environment, and in raising the level of the individual's 94766
personal, physical, mental, social, and vocational efficiency. 94767
Habilitation includes, but is not limited to, programs of formal, 94768
structured education and training.94769

       (J) "Home and community-based services" means medicaid-funded 94770
home and community-based services specified in division (B)(1) of 94771
section 5111.87 of the Revised Code and provided under the 94772
medicaid waiver components the department of developmental 94773
disabilities administers pursuant to section 5111.871 of the 94774
Revised Code. However, home and community-based services provided 94775
under the medicaid waiver component known as the transitions 94776
developmental disabilities waiver are to be considered to be home 94777
and community-based services for the purposes of this chapter only 94778
to the extent, if any, provided by the contract required by 94779
section 5111.871 of the Revised Code regarding the waiver.94780

       (K) "Immediate family" means parents, grandparents, brothers, 94781
sisters, spouses, sons, daughters, aunts, uncles, mothers-in-law, 94782
fathers-in-law, brothers-in-law, sisters-in-law, sons-in-law, and 94783
daughters-in-law.94784

       (L) "Medicaid" has the same meaning as in section 5111.01 of 94785
the Revised Code.94786

       (M) "Medicaid case management services" means case management 94787
services provided to an individual with mental retardation or 94788
other developmental disability that the state medicaid plan 94789
requires.94790

       (N) "Mental retardation" means a mental impairment manifested 94791
during the developmental period characterized by significantly 94792
subaverage general intellectual functioning existing concurrently 94793
with deficiencies in the effectiveness or degree with which an 94794
individual meets the standards of personal independence and social 94795
responsibility expected of the individual's age and cultural 94796
group.94797

       (O) "Residential services" means services to individuals with 94798
mental retardation or other developmental disabilities to provide 94799
housing, food, clothing, habilitation, staff support, and related 94800
support services necessary for the health, safety, and welfare of 94801
the individuals and the advancement of their quality of life. 94802
"Residential services" includes program management, as described 94803
in section 5126.14 of the Revised Code.94804

       (P) "Resources" means available capital and other assets, 94805
including moneys received from the federal, state, and local 94806
governments, private grants, and donations; appropriately 94807
qualified personnel; and appropriate capital facilities and 94808
equipment.94809

       (Q) "Senior probate judge" means the current probate judge of 94810
a county who has served as probate judge of that county longer 94811
than any of the other current probate judges of that county. If a 94812
county has only one probate judge, "senior probate judge" means 94813
that probate judge.94814

       (R) "Service and support administration" means the duties 94815
performed by a service and support administrator pursuant to 94816
section 5126.15 of the Revised Code.94817

       (S)(1) "Specialized medical, adaptive, and assistive 94818
equipment, supplies, and supports" means equipment, supplies, and 94819
supports that enable an individual to increase the ability to 94820
perform activities of daily living or to perceive, control, or 94821
communicate within the environment.94822

       (2) "Specialized medical, adaptive, and assistive equipment, 94823
supplies, and supports" includes the following:94824

       (a) Eating utensils, adaptive feeding dishes, plate guards, 94825
mylatex straps, hand splints, reaches, feeder seats, adjustable 94826
pointer sticks, interpreter services, telecommunication devices 94827
for the deaf, computerized communications boards, other 94828
communication devices, support animals, veterinary care for 94829
support animals, adaptive beds, supine boards, prone boards, 94830
wedges, sand bags, sidelayers, bolsters, adaptive electrical 94831
switches, hand-held shower heads, air conditioners, humidifiers, 94832
emergency response systems, folding shopping carts, vehicle lifts, 94833
vehicle hand controls, other adaptations of vehicles for 94834
accessibility, and repair of the equipment received.94835

       (b) Nondisposable items not covered by medicaid that are 94836
intended to assist an individual in activities of daily living or 94837
instrumental activities of daily living.94838

       (T) "Supportive home services" means a range of services to 94839
families of individuals with mental retardation or other 94840
developmental disabilities to develop and maintain increased 94841
acceptance and understanding of such persons, increased ability of 94842
family members to teach the person, better coordination between 94843
school and home, skills in performing specific therapeutic and 94844
management techniques, and ability to cope with specific 94845
situations.94846

       (U)(1) "Supported living" means services provided for as long 94847
as twenty-four hours a day to an individual with mental 94848
retardation or other developmental disability through any public 94849
or private resources, including moneys from the individual, that 94850
enhance the individual's reputation in community life and advance 94851
the individual's quality of life by doing the following:94852

       (a) Providing the support necessary to enable an individual 94853
to live in a residence of the individual's choice, with any number 94854
of individuals who are not disabled, or with not more than three 94855
individuals with mental retardation and developmental disabilities 94856
unless the individuals are related by blood or marriage;94857

       (b) Encouraging the individual's participation in the 94858
community;94859

       (c) Promoting the individual's rights and autonomy;94860

       (d) Assisting the individual in acquiring, retaining, and 94861
improving the skills and competence necessary to live successfully 94862
in the individual's residence.94863

       (2) "Supported living" includes the provision of all of the 94864
following:94865

       (a) Housing, food, clothing, habilitation, staff support, 94866
professional services, and any related support services necessary 94867
to ensure the health, safety, and welfare of the individual 94868
receiving the services;94869

       (b) A combination of lifelong or extended-duration 94870
supervision, training, and other services essential to daily 94871
living, including assessment and evaluation and assistance with 94872
the cost of training materials, transportation, fees, and 94873
supplies;94874

       (c) Personal care services and homemaker services;94875

       (d) Household maintenance that does not include modifications 94876
to the physical structure of the residence;94877

       (e) Respite care services;94878

       (f) Program management, as described in section 5126.14 of 94879
the Revised Code.94880

       Sec. 5126.029. (A) Each county board of developmental 94881
disabilities shall hold an organizational meeting no later than 94882
the thirty-first day of January of each year and shall elect its 94883
officers, which shall include a president, vice-president, and 94884
recording secretary. After its annual organizational meeting, the 94885
board shall meet in such manner and at such times as prescribed by 94886
rules adopted by the board, but the board shall meet at least ten94887
the following number of times annually in regularly scheduled 94888
sessions in accordance with section 121.22 of the Revised Code, 94889
not including in-service training sessions:94890

       (1) Unless division (A)(2) of this section applies to the 94891
board, ten;94892

       (2) If the board shares a superintendent or other 94893
administrative staff with one or more other boards of 94894
developmental disabilities, eight. A94895

       (B) A majority of the board constitutes a quorum. The board 94896
shall adopt rules for the conduct of its business and a record 94897
shall be kept of board proceedings, which shall be open for public 94898
inspection.94899

       Sec. 5126.04.  (A) Each county board of developmental 94900
disabilities shall plan and set priorities based on available 94901
resources for the provision of facilities, programs, and other 94902
services to meet the needs of county residents who are individuals 94903
with mental retardation and other developmental disabilities, 94904
former residents of the county residing in state institutions or, 94905
before the effective date of this amendment, placed under purchase 94906
of service agreements under section 5123.18 of the Revised Code, 94907
and children subject to a determination made pursuant to section 94908
121.38 of the Revised Code.94909

       Each county board shall assess the facility and service needs 94910
of the individuals with mental retardation and other developmental 94911
disabilities who are residents of the county or former residents 94912
of the county residing in state institutions or, before the 94913
effective date of this amendment, placed under purchase of service 94914
agreements under section 5123.18 of the Revised Code.94915

       Each county board shall require individual habilitation or 94916
service plans for individuals with mental retardation and other 94917
developmental disabilities who are being served or who have been 94918
determined eligible for services and are awaiting the provision of 94919
services. Each board shall ensure that methods of having their 94920
service needs evaluated are available.94921

       (B)(1) If a foster child is in need of assessment for 94922
eligible services or is receiving services from a county board of 94923
developmental disabilities and that child is placed in a different 94924
county, the agency that placed the child, immediately upon 94925
placement, shall inform the county board in the new county all of 94926
the following:94927

        (a) That a foster child has been placed in that county;94928

        (b) The name and other identifying information of the foster 94929
child;94930

        (c) The name of the foster child's previous county of 94931
residence;94932

        (d) That the foster child was in need of assessment for 94933
eligible services or was receiving services from the county board 94934
of developmental disabilities in the previous county.94935

        (2) Upon receiving the notice described in division (B)(1) of 94936
this section or otherwise learning that the child was in need of 94937
assessment for eligible services or was receiving services from a 94938
county board of developmental disabilities in the previous county, 94939
the county board in the new county shall communicate with the 94940
county board of the previous county to determine how services for 94941
the foster child shall be provided in accordance with each board's 94942
plan and priorities as described in division (A) of this section.94943

       If the two county boards are unable to reach an agreement 94944
within ten days of the child's placement, the county board in the 94945
new county shall send notice to the Ohio department of 94946
developmental disabilities of the failure to agree. The department 94947
shall decide how services shall be provided for the foster child 94948
within ten days of receiving notice that the county boards could 94949
not reach an agreement. The department may decide that one, or 94950
both, of the county boards shall provide services. The services 94951
shall be provided in accordance with the board's plan and 94952
priorities as described in division (A) of this section.94953

       (C) The department of developmental disabilities may adopt 94954
rules in accordance with Chapter 119. of the Revised Code as 94955
necessary to implement this section. To the extent that rules 94956
adopted under this section apply to the identification and 94957
placement of children with disabilities under Chapter 3323. of the 94958
Revised Code, the rules shall be consistent with the standards and 94959
procedures established under sections 3323.03 to 3323.05 of the 94960
Revised Code.94961

       (D) The responsibility or authority of a county board to 94962
provide services under this chapter does not affect the 94963
responsibility of any other entity of state or local government to 94964
provide services to individuals with mental retardation and 94965
developmental disabilities.94966

       (E) On or before the first day of February prior to a school 94967
year, a county board of developmental disabilities may elect not 94968
to participate during that school year in the provision of or 94969
contracting for educational services for children ages six through 94970
twenty-one years of age, provided that on or before that date the 94971
board gives notice of this election to the superintendent of 94972
public instruction, each school district in the county, and the 94973
educational service center serving the county. If a board makes 94974
this election, it shall not have any responsibility for or 94975
authority to provide educational services that school year for 94976
children ages six through twenty-one years of age. If a board does 94977
not make an election for a school year in accordance with this 94978
division, the board shall be deemed to have elected to participate 94979
during that school year in the provision of or contracting for 94980
educational services for children ages six through twenty-one 94981
years of age.94982

       (F) If a county board of developmental disabilities elects to 94983
provide educational services during a school year to individuals 94984
six through twenty-one years of age who have multiple 94985
disabilities, the board may provide these services to individuals 94986
who are appropriately identified and determined eligible pursuant 94987
to Chapter 3323. of the Revised Code, and in accordance with 94988
applicable rules of the state board of education. The county board 94989
may also provide related services to individuals six through 94990
twenty-one years of age who have one or more disabling conditions, 94991
in accordance with section 3317.20 and Chapter 3323. of the 94992
Revised Code and applicable rules of the state board of education.94993

       Sec. 5126.042. (A) As used in this section:94994

       (1) "Emergency" means any situation that creates for an 94995
individual with mental retardation or developmental disabilities a 94996
risk of substantial self-harm or substantial harm to others if 94997
action is not taken within thirty days. An "emergency" may include 94998
one or more of the following situations:94999

       (a) Loss of present residence for any reason, including legal 95000
action;95001

       (b) Loss of present caretaker for any reason, including 95002
serious illness of the caretaker, change in the caretaker's 95003
status, or inability of the caretaker to perform effectively for 95004
the individual;95005

       (c) Abuse, neglect, or exploitation of the individual;95006

       (d) Health and safety conditions that pose a serious risk to 95007
the individual or others of immediate harm or death;95008

       (e) Change in the emotional or physical condition of the 95009
individual that necessitates substantial accommodation that cannot 95010
be reasonably provided by the individual's existing caretaker.95011

       (2) "Service substitution list" means a service substitution 95012
list established by a county board of developmental disabilities 95013
before September 1, 2008, pursuant to division (B) of this section 95014
as this section existed on the day immediately before September 1, 95015
2008.95016

       (B) If aEach county board of developmental disabilities 95017
determines that available resources are not sufficient to meet the 95018
needs of all individuals who request programs and services and may 95019
be offered the programs and services, it shall establish waiting 95020
lists for services in accordance with rules the director of 95021
developmental disabilities shall adopt in accordance with Chapter 95022
119. of the Revised Code. The board may establish priorities for 95023
making placements on its waiting lists according to an 95024
individual's emergency status and shall establish priorities in 95025
accordance with divisions (D) and (E) of this sectionAll of the 95026
following apply to the rules adopted under this section:95027

       (A) The rules may include standards for determining which 95028
individuals on a waiting list should have priority for a service 95029
for which the waiting list is established.95030

       (B) The rules shall include procedures to be followed to 95031
ensure that the due process rights of individuals on a waiting 95032
list are not violated.95033

       (C) The following take precedence over the rules:95034

       (1) Medicaid rules and regulations;95035

       (2) Any specific requirements that may be contained within a 95036
medicaid state plan amendment or waiver program that a county 95037
board has authority to administer or with respect to which it has 95038
authority to provide services.95039

       The individuals who may be placed on a waiting list include 95040
individuals with a need for services on an emergency basis and 95041
individuals who have requested services for which resources are 95042
not available.95043

       An individual placed on a county board's service substitution 95044
list before September 1, 2008, for the purpose of obtaining home 95045
and community-based services shall be deemed to have been placed 95046
on the county board's waiting list for home and community-based 95047
services on the date the individual made a request to the county 95048
board that the individual receive home and community-based 95049
services instead of the services the individual received at the 95050
time the request for home and community-based services was made to 95051
the county board.95052

       (C) A county board shall establish a separate waiting list 95053
for each of the following categories of services, and may 95054
establish separate waiting lists within the waiting lists:95055

       (1) Early childhood services;95056

       (2) Educational programs for preschool and school age 95057
children;95058

       (3) Adult services;95059

       (4) Service and support administration;95060

       (5) Residential services and supported living;95061

       (6) Transportation services;95062

       (7) Other services determined necessary and appropriate for 95063
persons with mental retardation or a developmental disability 95064
according to their individual habilitation or service plans;95065

       (8) Family support services provided under section 5126.11 of 95066
the Revised Code.95067

       (D) Except as provided in division (G) of this section, a 95068
county board shall do, as priorities, all of the following in 95069
accordance with the assessment component, approved under section 95070
5123.046 of the Revised Code, of the county board's plan developed 95071
under section 5126.054 of the Revised Code:95072

       (1) For the purpose of obtaining additional federal medicaid 95073
funds for home and community-based services and medicaid case 95074
management services, do both of the following:95075

       (a) Give an individual who is eligible for home and 95076
community-based services and meets both of the following 95077
requirements priority over any other individual on a waiting list 95078
established under division (C) of this section for home and 95079
community-based services that include supported living, 95080
residential services, or family support services:95081

       (i) Is twenty-two years of age or older;95082

       (ii) Receives supported living or family support services.95083

       (b) Give an individual who is eligible for home and 95084
community-based services and meets both of the following 95085
requirements priority over any other individual on a waiting list 95086
established under division (C) of this section for home and 95087
community-based services that include adult services:95088

       (i) Resides in the individual's own home or the home of the 95089
individual's family and will continue to reside in that home after 95090
enrollment in home and community-based services;95091

       (ii) Receives adult services from the county board.95092

       (2) As federal medicaid funds become available pursuant to 95093
division (D)(1) of this section, give an individual who is 95094
eligible for home and community-based services and meets any of 95095
the following requirements priority for such services over any 95096
other individual on a waiting list established under division (C) 95097
of this section:95098

       (a) Does not receive residential services or supported 95099
living, either needs services in the individual's current living 95100
arrangement or will need services in a new living arrangement, and 95101
has a primary caregiver who is sixty years of age or older;95102

       (b) Is less than twenty-two years of age and has at least one 95103
of the following service needs that are unusual in scope or 95104
intensity:95105

       (i) Severe behavior problems for which a behavior support 95106
plan is needed;95107

       (ii) An emotional disorder for which anti-psychotic 95108
medication is needed;95109

       (iii) A medical condition that leaves the individual 95110
dependent on life-support medical technology;95111

       (iv) A condition affecting multiple body systems for which a 95112
combination of specialized medical, psychological, educational, or 95113
habilitation services are needed;95114

       (v) A condition the county board determines to be comparable 95115
in severity to any condition described in divisions (D)(2)(b)(i) 95116
to (iv) of this section and places the individual at significant 95117
risk of institutionalization.95118

       (c) Is twenty-two years of age or older, does not receive 95119
residential services or supported living, and is determined by the 95120
county board to have intensive needs for home and community-based 95121
services on an in-home or out-of-home basis.95122

       (E) Except as provided in division (G) of this section and 95123
for a number of years and beginning on a date specified in rules 95124
adopted under division (K) of this section, a county board shall 95125
give an individual who is eligible for home and community-based 95126
services, resides in a nursing facility, and chooses to move to 95127
another setting with the help of home and community-based 95128
services, priority over any other individual on a waiting list 95129
established under division (C) of this section for home and 95130
community-based services who does not meet these criteria.95131

       (F) If two or more individuals on a waiting list established 95132
under division (C) of this section for home and community-based 95133
services have priority for the services pursuant to division 95134
(D)(1) or (2) or (E) of this section, a county board may use 95135
criteria specified in rules adopted under division (K)(2) of this 95136
section in determining the order in which the individuals with 95137
priority will be offered the services. Otherwise, the county board 95138
shall offer the home and community-based services to such 95139
individuals in the order they are placed on the waiting list.95140

       (G) No individual may receive priority for services pursuant 95141
to division (D) or (E) of this section over an individual placed 95142
on a waiting list established under division (C) of this section 95143
on an emergency status.95144

       (H) Prior to establishing any waiting list under this 95145
section, a county board shall develop and implement a policy for 95146
waiting lists that complies with this section and rules adopted 95147
under division (K) of this section.95148

       Prior to placing an individual on a waiting list, the county 95149
board shall assess the service needs of the individual in 95150
accordance with all applicable state and federal laws. The county 95151
board shall place the individual on the appropriate waiting list 95152
and may place the individual on more than one waiting list. The 95153
county board shall notify the individual of the individual's 95154
placement and position on each waiting list on which the 95155
individual is placed.95156

       At least annually, the county board shall reassess the 95157
service needs of each individual on a waiting list. If it 95158
determines that an individual no longer needs a program or 95159
service, the county board shall remove the individual from the 95160
waiting list. If it determines that an individual needs a program 95161
or service other than the one for which the individual is on the 95162
waiting list, the county board shall provide the program or 95163
service to the individual or place the individual on a waiting 95164
list for the program or service in accordance with the board's 95165
policy for waiting lists.95166

       When a program or service for which there is a waiting list 95167
becomes available, the county board shall reassess the service 95168
needs of the individual next scheduled on the waiting list to 95169
receive that program or service. If the reassessment demonstrates 95170
that the individual continues to need the program or service, the 95171
board shall offer the program or service to the individual. If it 95172
determines that an individual no longer needs a program or 95173
service, the county board shall remove the individual from the 95174
waiting list. If it determines that an individual needs a program 95175
or service other than the one for which the individual is on the 95176
waiting list, the county board shall provide the program or 95177
service to the individual or place the individual on a waiting 95178
list for the program or service in accordance with the board's 95179
policy for waiting lists. The county board shall notify the 95180
individual of the individual's placement and position on the 95181
waiting list on which the individual is placed.95182

       (I) A child subject to a determination made pursuant to 95183
section 121.38 of the Revised Code who requires the home and 95184
community-based services provided through a medicaid component 95185
that the department of developmental disabilities administers 95186
under section 5111.871 of the Revised Code shall receive services 95187
through that medicaid component. For all other services, a child 95188
subject to a determination made pursuant to section 121.38 of the 95189
Revised Code shall be treated as an emergency by the county boards 95190
and shall not be subject to a waiting list.95191

       (J) Not later than the fifteenth day of March of each 95192
even-numbered year, each county board shall prepare and submit to 95193
the director of developmental disabilities its recommendations for 95194
the funding of services for individuals with mental retardation 95195
and developmental disabilities and its proposals for reducing the 95196
waiting lists for services.95197

       (K)(1) The department of developmental disabilities shall 95198
adopt rules in accordance with Chapter 119. of the Revised Code 95199
governing waiting lists established under this section. The rules 95200
shall include procedures to be followed to ensure that the due 95201
process rights of individuals placed on waiting lists are not 95202
violated.95203

       (2) As part of the rules adopted under this division, the 95204
department shall adopt rules establishing criteria a county board 95205
may use under division (F) of this section in determining the 95206
order in which individuals with priority for home and 95207
community-based services will be offered the services. The rules 95208
shall also specify conditions under which a county board, when 95209
there is no individual with priority for home and community-based 95210
services pursuant to division (D)(1) or (2) or (E) of this section 95211
available and appropriate for the services, may offer the services 95212
to an individual on a waiting list for the services but not given 95213
such priority for the services.95214

       (3) As part of the rules adopted under this division, the 95215
department shall adopt rules specifying both of the following for 95216
the priority category established under division (E) of this 95217
section:95218

       (a) The number of years, which shall not exceed five, that 95219
the priority category will be in effect;95220

       (b) The date that the priority category is to go into effect.95221

       (L) The following shall take precedence over the applicable 95222
provisions of this section:95223

       (1) Medicaid rules and regulations;95224

       (2) Any specific requirements that may be contained within a 95225
medicaid state plan amendment or waiver program that a county 95226
board has authority to administer or with respect to which it has 95227
authority to provide services, programs, or supports.95228

       Sec. 5126.05.  (A) Subject to the rules established by the 95229
director of developmental disabilities pursuant to Chapter 119. of 95230
the Revised Code for programs and services offered pursuant to 95231
this chapter, and subject to the rules established by the state 95232
board of education pursuant to Chapter 119. of the Revised Code 95233
for programs and services offered pursuant to Chapter 3323. of the 95234
Revised Code, the county board of developmental disabilities 95235
shall:95236

       (1) Administer and operate facilities, programs, and services 95237
as provided by this chapter and Chapter 3323. of the Revised Code 95238
and establish policies for their administration and operation;95239

       (2) Coordinate, monitor, and evaluate existing services and 95240
facilities available to individuals with mental retardation and 95241
developmental disabilities;95242

       (3) Provide early childhood services, supportive home 95243
services, and adult services, according to the plan and priorities 95244
developed under section 5126.04 of the Revised Code;95245

       (4) Provide or contract for special education services 95246
pursuant to Chapters 3306., 3317. and 3323. of the Revised Code 95247
and ensure that related services, as defined in section 3323.01 of 95248
the Revised Code, are available according to the plan and 95249
priorities developed under section 5126.04 of the Revised Code;95250

       (5) Adopt a budget, authorize expenditures for the purposes 95251
specified in this chapter and do so in accordance with section 95252
319.16 of the Revised Code, approve attendance of board members 95253
and employees at professional meetings and approve expenditures 95254
for attendance, and exercise such powers and duties as are 95255
prescribed by the director;95256

       (6) Submit annual reports of its work and expenditures, 95257
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to 95258
the director, the superintendent of public instruction, and the 95259
board of county commissioners at the close of the fiscal year and 95260
at such other times as may reasonably be requested;95261

       (7) Authorize all positions of employment, establish 95262
compensation, including but not limited to salary schedules and 95263
fringe benefits for all board employees, approve contracts of 95264
employment for management employees that are for a term of more 95265
than one year, employ legal counsel under section 309.10 of the 95266
Revised Code, and contract for employee benefits;95267

       (8) Provide service and support administration in accordance 95268
with section 5126.15 of the Revised Code;95269

       (9) Certify respite care homes pursuant to rules adopted 95270
under section 5123.171 of the Revised Code by the director of 95271
developmental disabilities.95272

       (B) To the extent that rules adopted under this section apply 95273
to the identification and placement of children with disabilities 95274
under Chapter 3323. of the Revised Code, they shall be consistent 95275
with the standards and procedures established under sections 95276
3323.03 to 3323.05 of the Revised Code.95277

       (C) Any county board may enter into contracts with other such 95278
boards and with public or private, nonprofit, or profit-making 95279
agencies or organizations of the same or another county, to 95280
provide the facilities, programs, and services authorized or 95281
required, upon such terms as may be agreeable, and in accordance 95282
with this chapter and Chapter 3323. of the Revised Code and rules 95283
adopted thereunder and in accordance with sections 307.86 and 95284
5126.071 of the Revised Code.95285

       (D) A county board may combine transportation for children 95286
and adults enrolled in programs and services offered under section 95287
5126.12Chapter 5126. of the Revised Code with transportation for 95288
children enrolled in classes funded under section 3317.20 or units 95289
approved under section 3317.05 of the Revised Code.95290

       (E) A county board may purchase all necessary insurance 95291
policies, may purchase equipment and supplies through the 95292
department of administrative services or from other sources, and 95293
may enter into agreements with public agencies or nonprofit 95294
organizations for cooperative purchasing arrangements.95295

       (F) A county board may receive by gift, grant, devise, or 95296
bequest any moneys, lands, or property for the benefit of the 95297
purposes for which the board is established and hold, apply, and 95298
dispose of the moneys, lands, and property according to the terms 95299
of the gift, grant, devise, or bequest. All money received by 95300
gift, grant, bequest, or disposition of lands or property received 95301
by gift, grant, devise, or bequest shall be deposited in the 95302
county treasury to the credit of such board and shall be available 95303
for use by the board for purposes determined or stated by the 95304
donor or grantor, but may not be used for personal expenses of the 95305
board members. Any interest or earnings accruing from such gift, 95306
grant, devise, or bequest shall be treated in the same manner and 95307
subject to the same provisions as such gift, grant, devise, or 95308
bequest.95309

       (G) The board of county commissioners shall levy taxes and 95310
make appropriations sufficient to enable the county board of 95311
developmental disabilities to perform its functions and duties, 95312
and may utilize any available local, state, and federal funds for 95313
such purpose.95314

       Sec. 5126.054.  (A) Each county board of developmental 95315
disabilities shall, by resolution, develop a three-calendar year 95316
plan that includes the following three components:95317

       (1) An assessment component that includes all of the 95318
following:95319

       (a) The number of individuals with mental retardation or 95320
other developmental disability residing in the county who need the 95321
level of care provided by an intermediate care facility for the 95322
mentally retarded, may seek home and community-based services, and95323
are given priority on a waiting list established for the services 95324
pursuant to division (D) of section 5126.042 of the Revised Code; 95325
the service needs of those individuals; and the projected 95326
annualized cost for services;95327

       (b) The source of funds available to the county board to pay 95328
the nonfederal share of medicaid expenditures that the county 95329
board is required by sections 5126.059 and 5126.0510 of the 95330
Revised Code to pay;95331

       (c) Any other applicable information or conditions that the 95332
department of developmental disabilities requires as a condition 95333
of approving the component under section 5123.046 of the Revised 95334
Code.95335

       (2) A preliminary implementation component that specifies the 95336
number of individuals to be provided, during the first year that 95337
the plan is in effect, home and community-based services pursuant 95338
to the priority on a waiting list established under section 95339
5126.042 of the Revised Code given to them under divisions (D)(1) 95340
and (2) ofpursuant to rules adopted under that section 5126.042 95341
of the Revised Code and the types of home and community-based 95342
services the individuals are to receive;95343

       (3) A component that provides for the implementation of 95344
medicaid case management services and home and community-based 95345
services for individuals who begin to receive the services on or 95346
after the date the plan is approved under section 5123.046 of the 95347
Revised Code. A county board shall include all of the following in 95348
the component:95349

       (a) If the department of developmental disabilities or 95350
department of job and family services requires, an agreement to 95351
pay the nonfederal share of medicaid expenditures that the county 95352
board is required by sections 5126.059 and 5126.0510 of the 95353
Revised Code to pay;95354

       (b) How the services are to be phased in over the period the 95355
plan covers, including how the county board will serve individuals 95356
who have priority on a waiting list established under division (C) 95357
of section 5126.042 who are given priority status under division 95358
(D)(1) of that sectionof the Revised Code;95359

       (c) Any agreement or commitment regarding the county board's 95360
funding of home and community-based services that the county board 95361
has with the department at the time the county board develops the 95362
component;95363

       (d) Assurances adequate to the department that the county 95364
board will comply with all of the following requirements:95365

       (i) To provide the types of home and community-based services 95366
specified in the preliminary implementation component required by 95367
division (A)(2) of this section to at least the number of 95368
individuals specified in that component;95369

       (ii) To use any additional funds the county board receives 95370
for the services to improve the county board's resource 95371
capabilities for supporting such services available in the county 95372
at the time the component is developed and to expand the services 95373
to accommodate the unmet need for those services in the county;95374

       (iii) To employ or contract with a business manager or enter 95375
into an agreement with another county board of developmental 95376
disabilities that employs or contracts with a business manager to 95377
have the business manager serve both county boards. No 95378
superintendent of a county board may serve as the county board's 95379
business manager.95380

       (iv) To employ or contract with a medicaid services manager 95381
or enter into an agreement with another county board of 95382
developmental disabilities that employs or contracts with a 95383
medicaid services manager to have the medicaid services manager 95384
serve both county boards. No superintendent of a county board may 95385
serve as the county board's medicaid services manager.95386

       (e) Programmatic and financial accountability measures and 95387
projected outcomes expected from the implementation of the plan;95388

       (f) Any other applicable information or conditions that the 95389
department requires as a condition of approving the component 95390
under section 5123.046 of the Revised Code.95391

       (B) A county board whose plan developed under division (A) of 95392
this section is approved by the department under section 5123.046 95393
of the Revised Code shall update and renew the plan in accordance 95394
with a schedule the department shall develop.95395

       Sec. 5126.0510.  (A) Except as otherwise provided in an 95396
agreement entered into under section 5123.048 of the Revised Code 95397
and subject to divisions (B), (C), and (D) of this section, a 95398
county board of developmental disabilities shall pay the 95399
nonfederal share of medicaid expenditures for the following home 95400
and community-based services provided to an individual with mental 95401
retardation or other developmental disability who the county board 95402
determines under section 5126.041 of the Revised Code is eligible 95403
for county board services:95404

       (1) Home and community-based services provided by the county 95405
board to such an individual;95406

       (2) Home and community-based services provided by a provider 95407
other than the county board to such an individual who is enrolled 95408
as of June 30, 2007, in the medicaid waiver component under which 95409
the services are provided;95410

       (3) Home and community-based services provided by a provider 95411
other than the county board to such an individual who, pursuant to 95412
a request the county board makes, enrolls in the medicaid waiver 95413
component under which the services are provided after June 30, 95414
2007; 95415

       (4) Home and community-based services provided by a provider 95416
other than the county board to such an individual for whom there 95417
is in effect an agreement entered into under division (E) of this 95418
section between the county board and director of developmental 95419
disabilities.95420

       (B) In the case of medicaid expenditures for home and 95421
community-based services for which division (A)(2) of this section 95422
requires a county board to pay the nonfederal share, the following 95423
shall apply to such services provided during fiscal year 2008 95424
under the individual options medicaid waiver component:95425

       (1) The county board shall pay no less than the total amount 95426
the county board paid as the nonfederal share for home and 95427
community-based services provided in fiscal year 2007 under the 95428
individual options medicaid waiver component;95429

       (2) The county board shall pay no more than the sum of the 95430
following:95431

       (a) The total amount the county board paid as the nonfederal 95432
share for home and community-based services provided in fiscal 95433
year 2007 under the individual options medicaid waiver component;95434

       (b) An amount equal to one per cent of the total amount the 95435
department of developmental disabilities and county board paid as 95436
the nonfederal share for home and community-based services 95437
provided in fiscal year 2007 under the individual options medicaid 95438
waiver component to individuals the county board determined under 95439
section 5126.041 of the Revised Code are eligible for county board 95440
services.95441

       (C) A county board is not required to pay the nonfederal 95442
share of home and community-based services provided after June 30, 95443
2008, that the county board is otherwise required by division 95444
(A)(2) of this section to pay if the department of developmental 95445
disabilities fails to comply with division (A) of section 95446
5123.0416 of the Revised Code.95447

       (D) A county board is not required to pay the nonfederal 95448
share of home and community-based services that the county board 95449
is otherwise required by division (A)(3) of this section to pay if 95450
both of the following apply:95451

       (1) The services are provided to an individual who enrolls in 95452
the medicaid waiver component under which the services are 95453
provided as the result of an order issued following a state 95454
hearing, administrative appeal, or appeal to a court of common 95455
pleas made under section 5101.35 of the Revised Code;95456

       (2) There are more individuals who are eligible for services 95457
from the county board enrolled in the medicaid waiver component95458
home and community-based services than is required by section 95459
5126.0512 of the Revised Code.95460

       (E) A county board may enter into an agreement with the 95461
director of developmental disabilities under which the county 95462
board agrees to pay the nonfederal share of medicaid expenditures 95463
for one or more home and community-based services that the county 95464
board is not otherwise required by division (A)(1), (2), or (3) of 95465
this section to pay and that are provided to an individual the 95466
county board determines under section 5126.041 of the Revised Code 95467
is eligible for county board services. The agreement shall specify 95468
which home and community-based services the agreement covers. The 95469
county board shall pay the nonfederal share of medicaid 95470
expenditures for the home and community-based services that the 95471
agreement covers as long as the agreement is in effect.95472

       Sec. 5126.0511. (A) A county board of developmental 95473
disabilities may use the following funds to pay the nonfederal 95474
share of the medicaid expenditures that the county board is 95475
required by sections 5126.059 and 5126.0510 of the Revised Code to 95476
pay:95477

       (1) To the extent consistent with the levy that generated the 95478
taxes, the following taxes:95479

       (a) Taxes levied pursuant to division (L) of section 5705.19 95480
of the Revised Code and section 5705.222 of the Revised Code;95481

       (b) Taxes levied under section 5705.191 of the Revised Code 95482
that the board of county commissioners allocates to the county 95483
board.95484

       (2) Funds that the department of developmental disabilities 95485
distributes to the county board under sections 5126.11 andsection95486
5126.18 of the Revised Code and for purposes of the family support 95487
services program established under section 5126.11 of the Revised 95488
Code;95489

        (3) Earned federal revenue funds the county board receives 95490
for medicaid services the county board provides pursuant to the 95491
county board's valid medicaid provider agreement;95492

       (4) Funds that the department of developmental disabilities 95493
distributes to the county board as subsidy payments;95494

       (5) In the case of medicaid expenditures for home and 95495
community-based services, funds allocated to or otherwise made 95496
available for the county board under section 5123.0416 of the 95497
Revised Code to pay the nonfederal share of such medicaid 95498
expenditures.95499

       (B) Each year, each county board shall adopt a resolution 95500
specifying the amount of funds it will use in the next year to pay 95501
the nonfederal share of the medicaid expenditures that the county 95502
board is required by sections 5126.059 and 5126.0510 of the 95503
Revised Code to pay. The amount specified shall be adequate to 95504
assure that the services for which the medicaid expenditures are 95505
made will be available in the county in a manner that conforms to 95506
all applicable state and federal laws. A county board shall state 95507
in its resolution that the payment of the nonfederal share 95508
represents an ongoing financial commitment of the county board. A 95509
county board shall adopt the resolution in time for the county 95510
auditor to make the determination required by division (C) of this 95511
section.95512

       (C) Each year, a county auditor shall determine whether the 95513
amount of funds a county board specifies in the resolution it 95514
adopts under division (B) of this section will be available in the 95515
following year for the county board to pay the nonfederal share of 95516
the medicaid expenditures that the county board is required by 95517
sections 5126.059 and 5126.0510 of the Revised Code to pay. The 95518
county auditor shall make the determination not later than the 95519
last day of the year before the year in which the funds are to be 95520
used.95521

       Sec. 5126.0512.  (A) As used in this section, "medicaid 95522
waiver component" means a medicaid waiver component as defined in 95523
section 5111.85 of the Revised Code under which home and 95524
community-based services are provided.95525

       (B) Effective July 1, 2007, and exceptExcept as provided in 95526
rules adopted under section 5123.0413 of the Revised Code, each 95527
county board of developmental disabilities shall ensure, for each 95528
medicaid waiver component, that the number of individuals eligible 95529
under section 5126.041 of the Revised Code for services from the 95530
county board who are enrolled in a medicaid waiver componenthome 95531
and community-based services is no less than the sum of the 95532
following:95533

       (1) The number of individuals eligible for services from the 95534
county board who are enrolled in the medicaid waiver component95535
home and community-based services on June 30, 2007;95536

       (2) The number of medicaid waiver componenthome and 95537
community-based services slots the county board requested before 95538
July 1, 2007, that were assigned to the county board before that 95539
date but in which no individual was enrolled before that date.95540

       (C)(B) An individual enrolled in a medicaid waiver component95541
home and community-based services after March 1, 2007, due to an 95542
emergency reserve capacity waiver assignment shall not be counted 95543
in determining the number of individuals a county board must 95544
ensure under division (B)(A) of this section are enrolled in a 95545
medicaid waiver componenthome and community-based services.95546

       (D)(C) An individual who is enrolled in a medicaid waiver 95547
componenthome and community-based services to comply with the 95548
terms of the consent order filed March 5, 2007, in Martin v. 95549
Strickland, Case No. 89-CV-00362, in the United States district 95550
court for the southern district of Ohio, eastern division, shall 95551
be excluded in determining whether a county board has complied 95552
with division (B)(A) of this section.95553

       (E)(D) A county board shall make as many requests for 95554
individuals to be enrolled in a medicaid waiver componenthome and 95555
community-based services as necessary for the county board to 95556
comply with division (B)(A) of this section.95557

       Sec. 5126.08.  (A) The director of developmental disabilities 95558
shall adopt rules in accordance with Chapter 119. of the Revised 95559
Code for all programs and services offered by a county board of 95560
developmental disabilities. Such rules shall include, but are not 95561
limited to, the following:95562

       (1) Determination of what constitutes a program or service;95563

       (2) Standards to be followed by a board in administering, 95564
providing, arranging, or operating programs and services;95565

       (3) Standards for determining the nature and degree of mental 95566
retardation, including mild mental retardation, or developmental 95567
disability;95568

       (4) Standards for determining eligibility for programs and 95569
services under sections 5126.042 andsection 5126.15 of the 95570
Revised Code;95571

       (5) Procedures for obtaining consent for the arrangement of 95572
services under section 5126.31 of the Revised Code and for 95573
obtaining signatures on individual service plans under that 95574
section;95575

       (6) Specification of the service and support administration 95576
to be provided by a county board and standards for resolving 95577
grievances in connection with service and support administration;95578

       (7) Standards for the provision of environmental 95579
modifications, including standards that require adherence to all 95580
applicable state and local building codes;95581

       (8) Standards for the provision of specialized medical, 95582
adaptive, and assistive equipment, supplies, and supports.95583

       (B) The director shall be the final authority in determining 95584
the nature and degree of mental retardation or developmental 95585
disability.95586

       Sec. 5126.11.  (A) As used in this section, "respite care" 95587
means appropriate, short-term, temporary care that is provided to 95588
a mentally retarded or developmentally disabled person to sustain 95589
the family structure or to meet planned or emergency needs of the 95590
family.95591

       (B) Subject to rules adopted by the director of developmental 95592
disabilities, and subject to the availability of money from state 95593
and federal sources, the county board of developmental 95594
disabilities shall establish a family support services program. 95595
Under such a program, the board shall make payments to an 95596
individual with mental retardation or other developmental 95597
disability or the family of an individual with mental retardation 95598
or other developmental disability who desires to remain in and be 95599
supported in the family home. Payments shall be made for all or 95600
part of costs incurred or estimated to be incurred for services 95601
that would promote self-sufficiency and normalization, prevent or 95602
reduce inappropriate institutional care, and further the unity of 95603
the family by enabling the family to meet the special needs of the 95604
individual and to live as much like other families as possible. 95605
Payments may be made in the form of reimbursement for expenditures 95606
or in the form of vouchers to be used to purchase services.95607

       (C) Payment shall not be made under this section to an 95608
individual or the individual's family if the individual is living 95609
in a residential facility that is providing residential services 95610
under contract with the department of developmental disabilities 95611
or a county board.95612

       (D) Payments may be made for the following services:95613

       (1) Respite care, in or out of the home;95614

       (2) Counseling, supervision, training, and education of the 95615
individual, the individual's caregivers, and members of the 95616
individual's family that aid the family in providing proper care 95617
for the individual, provide for the special needs of the family, 95618
and assist in all aspects of the individual's daily living;95619

       (3) Special diets, purchase or lease of special equipment, or 95620
modifications of the home, if such diets, equipment, or 95621
modifications are necessary to improve or facilitate the care and 95622
living environment of the individual;95623

       (4) Providing support necessary for the individual's 95624
continued skill development, including such services as 95625
development of interventions to cope with unique problems that may 95626
occur within the complexity of the family, enrollment of the 95627
individual in special summer programs, provision of appropriate 95628
leisure activities, and other social skills development 95629
activities;95630

       (5) Any other services that are consistent with the purposes 95631
specified in division (B) of this section and specified in the 95632
individual's service plan.95633

       (E) In order to be eligible for payments under a family 95634
support services program, the individual or the individual's 95635
family must reside in the county served by the county board, and 95636
the individual must be in need of habilitation. Payments shall be 95637
adjusted for income in accordance with the payment schedule 95638
established in rules adopted under this section. Payments shall be 95639
made only after the county board has taken into account all other 95640
available assistance for which the individual or family is 95641
eligible.95642

       (F) Before incurring expenses for a service for which payment 95643
will be sought under a family support services program, the 95644
individual or family shall apply to the county board for a 95645
determination of eligibility and approval of the service. The 95646
service need not be provided in the county served by the county 95647
board. After being determined eligible and receiving approval for 95648
the service, the individual or family may incur expenses for the 95649
service or use the vouchers received from the county board for the 95650
purchase of the service.95651

       If the county board refuses to approve a service, an appeal 95652
may be made in accordance with rules adopted by the department 95653
under this section.95654

       (G) To be reimbursed for expenses incurred for approved 95655
services, the individual or family shall submit to the county 95656
board a statement of the expenses incurred accompanied by any 95657
evidence required by the board. To redeem vouchers used to 95658
purchase approved services, the entity that provided the service 95659
shall submit to the county board evidence that the service was 95660
provided and a statement of the charges. The county board shall 95661
make reimbursements and redeem vouchers no later than forty-five 95662
days after it receives the statements and evidence required by 95663
this division.95664

       (H) A county board shall consider the following objectives in 95665
carrying out a family support services program:95666

       (1) Enabling individuals to return to their families from an 95667
institution under the jurisdiction of the department of 95668
developmental disabilities;95669

       (2) Enabling individuals found to be subject to 95670
institutionalization by court order under section 5123.76 of the 95671
Revised Code to remain with their families with the aid of 95672
payments provided under this section;95673

       (3) Providing services to eligible children and adults 95674
currently residing in the community;95675

       (4) Providing services to individuals with developmental 95676
disabilities who are not receiving other services from the board.95677

       (I) The director shall adopt, and may amend and rescind, 95678
rules for the implementation of family support services programs 95679
by county boards. Such rules shall include the following:95680

       (1) A payment schedule adjusted for income;95681

       (2) A formula for distributing to county boards the money 95682
appropriated for family support services;95683

       (3) Standards for supervision, training, and quality control 95684
in the provision of respite care services;95685

       (4)(3) Eligibility standards and procedures for providing 95686
temporary emergency respite care;95687

       (5)(4) Procedures for hearing and deciding appeals made under 95688
division (F) of this section;95689

       (6) Requirements to be followed by county boards regarding 95690
reports submitted under division (K) of this section.95691

       Rules adopted under divisionsdivision (I)(1) and (2) of this 95692
section shall be adopted in accordance with section 111.15 of the 95693
Revised Code. Rules adopted under divisions (I)(3)(2) to (6)(4) of 95694
this section shall be adopted in accordance with Chapter 119. of 95695
the Revised Code.95696

       (J) All individuals certified by the superintendent of the 95697
county board as eligible for temporary emergency respite care in 95698
accordance with rules adopted under this section shall be 95699
considered eligible for temporary emergency respite care for not 95700
more than five days to permit the determination of eligibility for 95701
family support services. The requirements of divisions (E) and (F) 95702
of this section do not apply to temporary emergency respite care.95703

       (K) The department of developmental disabilities shall 95704
distribute to county boards money appropriated for family support 95705
services in quarterly installments of equal amounts. The 95706
installments shall be made not later than the thirtieth day of 95707
September, the thirty-first day of December, the thirty-first day 95708
of March, and the thirtieth day of June. A county board shall use 95709
no more than seven per cent of the funds for administrative costs. 95710
Each county board shall submit reports to the department on 95711
payments made under this section. The reports shall be submitted 95712
at those times and in the manner specified in rules adopted under 95713
this section.95714

       (L) The county board shall not be required to make payments 95715
for family support services at a level that exceeds available 95716
state and federal funds for such payments.95717

       Sec. 5126.12. (A) As used in this section:95718

       (1) "Approved school age class" means a class operated by a 95719
county board of developmental disabilities and funded by the 95720
department of education under section 3317.20 of the Revised Code.95721

       (2) "Approved preschool unit" means a class or unit operated 95722
by a county board of developmental disabilities and approved under 95723
division (B) of section 3317.05 of the Revised Code.95724

       (3) "Active treatment" means a continuous treatment program, 95725
which includes aggressive, consistent implementation of a program 95726
of specialized and generic training, treatment, health services, 95727
and related services, that is directed toward the acquisition of 95728
behaviors necessary for an individual with mental retardation or 95729
other developmental disability to function with as much 95730
self-determination and independence as possible and toward the 95731
prevention of deceleration, regression, or loss of current optimal 95732
functional status.95733

       (4) "Eligible for active treatment" means that an individual 95734
with mental retardation or other developmental disability resides 95735
in an intermediate care facility for the mentally retarded 95736
certified under Title XIX of the "Social Security Act," 79 Stat. 95737
286 (1965), 42 U.S.C. 1396, as amended; resides in a state 95738
institution operated by the department of developmental 95739
disabilities; or is enrolled in home and community-based services.95740

       (5) "Traditional adult services" means vocational and 95741
nonvocational activities conducted within a sheltered workshop or 95742
adult activity center or supportive home services.95743

       (B) EachOn or before the last day of each April, each county 95744
board of developmental disabilities shall certify to the director 95745
of developmental disabilities all of the following:95746

       (1) On or before the fifteenth day of October, the average 95747
daily membership for the first full week of programs and services 95748
during October receiving:95749

       (a) Early childhood services provided pursuant to section 95750
5126.05 of the Revised Code for children who are less than three 95751
years of age on the thirtieth day of September of the academic 95752
year;95753

       (b) Special education for children with disabilities in 95754
approved school age classes;95755

       (c) Adult services for persons sixteen years of age and older 95756
operated pursuant to section 5126.05 and division (B) of section 95757
5126.051 of the Revised Code. Separate counts shall be made for 95758
the following:95759

       (i) Persons enrolled in traditional adult services who are 95760
eligible for but not enrolled in active treatment;95761

       (ii) Persons enrolled in traditional adult services who are 95762
eligible for and enrolled in active treatment;95763

       (iii) Persons enrolled in traditional adult services but who 95764
are not eligible for active treatment;95765

       (iv) Persons participating in community employment services. 95766
To be counted as participating in community employment services, a 95767
person must have spent an average of no less than ten hours per 95768
week in that employment during the preceding six months.95769

       (d) Other programs in the county for individuals with mental 95770
retardation and developmental disabilities that have been approved 95771
for payment of subsidy by the department of developmental 95772
disabilities.95773

       The membership in each such program and service in the county 95774
shall be reported on forms prescribed by the department of 95775
developmental disabilities.95776

       The department of developmental disabilities shall adopt 95777
rules defining full-time equivalent enrollees and for determining 95778
the average daily membership therefrom, except that certification 95779
of average daily membership in approved school age classes shall 95780
be in accordance with rules adopted by the state board of 95781
education. The average daily membership figure shall be determined 95782
by dividing the amount representing the sum of the number of 95783
enrollees in each program or service in the week for which the 95784
certification is made by the number of days the program or service 95785
was offered in that week. No enrollee may be counted in average 95786
daily membership for more than one program or service.95787

       (2) By the fifteenth day of December, the number of children 95788
enrolled in approved preschool units on the first day of December;95789

       (3) On or before the thirtieth day of April, an itemized 95790
report of all of the county board's income and operating 95791
expenditures for the immediately preceding calendar year,. The 95792
certification shall be provided in an itemized report prepared and 95793
submitted in thea format specified by the department of 95794
developmental disabilities;95795

       (4) That each required certification and report is in95796
accordance with rules established by the department of 95797
developmental disabilities and the state board of education for 95798
the operation and subsidization of the programs and services.95799

       Sec. 5126.18.  (A) As used in this section:95800

       (1) "Taxable value" means the taxable value of a county 95801
certified under division (B) of this section.95802

       (2) "Per-mill yield" means the quotient obtained by dividing 95803
the taxable value of a county by one thousand.95804

       (3) "Population" of a county means that shown by the federal 95805
census for a census year or, for a noncensus year, the population 95806
as estimated by the department of development.95807

       (4) "Six-year moving average" means the average of the 95808
per-mill yields of a county for the most recent six years.95809

       (5) "Yield per person" means the quotient obtained by 95810
dividing the six-year moving average of a county by the population 95811
of that county.95812

       (6) "Tax equity payments" means payments to county boards of 95813
developmental disabilities under this section or a prior version 95814
of this section from money appropriated by the general assembly to 95815
the department of developmental disabilities for that purpose.95816

       (7) "Eligible county" means a county determined under 95817
division (C) of this section to be eligible for tax equity 95818
payments for the two-year period for which that determination is 95819
made.95820

       (8) "Threshold county" means the county with the lowest yield 95821
per person that is determined not to be eligible to receive tax 95822
equity payments.95823

       (B) At the request of the director of developmental 95824
disabilities, the tax commissioner shall certify to the director 95825
the taxable value of property on each county's most recent tax 95826
list of real and public utility property. The director may request 95827
any other tax information necessary for the purposes of this 95828
section. 95829

       (C) Beginning in 2011, on or before the thirty-first day of 95830
May of that year and of every second year thereafter, the director 95831
of developmental disabilities shall determine whether a county is 95832
eligible to receive tax equity payments for the ensuing two fiscal 95833
years as follows:95834

       (1) The director shall determine the six-year moving average, 95835
population, and yield per person of each county in the state, 95836
based on the most recent information available.95837

       (2) The director shall calculate a tax equity funding 95838
threshold by adding the population of the county with the lowest 95839
yield per person and the populations of individual counties in 95840
order from lowest yield per person to highest yield per person 95841
until the addition of the population of another county would 95842
increase the aggregate sum to over thirty per cent of the total 95843
state population. A county is eligible to receive tax equity 95844
payments for the two-year period if its population is included in 95845
the calculation of the threshold and the addition of its 95846
population does not increase such sum to over thirty per cent of 95847
the total state population.95848

       (D)(1) Except as provided in divisions (D)(2) and (3) of this 95849
section, beginning in fiscal year 2012 and for each fiscal year 95850
thereafter, the director shall make tax equity payments to each 95851
eligible county equal to the population of the county multiplied 95852
by the difference between the yield per person of the threshold 95853
county and the yield per person of the eligible county. For 95854
purposes of this division, the population and yield per person of 95855
a county equal the population and yield per person most recently 95856
determined for that county under division (C)(1) of this section. 95857
The payments shall be made in quarterly installments of equal 95858
amounts not later than the thirtieth day of September, the 95859
thirty-first day of December, the thirty-first day of March, and 95860
the thirtieth day of June of each fiscal year.95861

       (2) In fiscal year 2012, if the amount determined under 95862
division (D)(1) of this section for an eligible county is at least 95863
twenty thousand dollars greater than or twenty thousand dollars 95864
less than the amount of tax equity payments the county received in 95865
fiscal year 2011, the county's tax equity payments for fiscal 95866
years 2012 through 2014 shall equal the following: 95867

       (a) For fiscal year 2012, one-fourth of the amount calculated 95868
for the eligible county under division (D)(1) of this section plus 95869
three-fourths of the amount of tax equity payments the county 95870
received in fiscal year 2011;95871

       (b) For fiscal year 2013, one-half of the amount calculated 95872
for the eligible county under division (D)(1) of this section plus 95873
one-half of the amount of tax equity payments the county received 95874
in fiscal year 2011;95875

       (c) For fiscal year 2014, three-fourths of the amount 95876
calculated for the eligible county under division (D)(1) of this 95877
section plus one-fourth of the amount of tax equity payments the 95878
county received in fiscal year 2011.95879

       (3) In any fiscal year, if the total amount of tax equity 95880
payments for all eligible counties as determined under divisions 95881
(D)(1) and (2) of this section is greater than the amount 95882
appropriated to the department of developmental disabilities for 95883
the purpose of making such payments in that fiscal year, the 95884
director shall reduce the payments to each eligible county board 95885
in equal proportion. If the total amount of tax equity payments as 95886
determined under that division is less than the amount 95887
appropriated to the department for that purpose, the director 95888
shall determine how to allocate the excess money after 95889
consultation with the Ohio association of county boards serving 95890
people with developmental disabilities.95891

       (4) Tax equity payments shall be paid only to an eligible 95892
county board of developmental disabilities and not to a regional 95893
council established under section 5126.13 of the Revised Code or 95894
any other entity. 95895

       (E)(1) Except as provided in division (E)(2) of this section, 95896
a county board of developmental disabilities shall use tax equity 95897
payments solely to pay the nonfederal share of medicaid 95898
expenditures it is required to pay under sections 5126.059 and 95899
5126.0510 of the Revised Code. Tax equity payments shall not be 95900
used to pay any salary or other compensation to county board 95901
personnel. 95902

       (2) Upon the written request of a county board, the director 95903
of developmental disabilities may authorize a county board to use 95904
tax equity payments for infrastructure improvements necessary to 95905
support medicaid waiver administration.95906

       (3) The director may audit any county board receiving tax 95907
equity payments to ensure appropriate use of the payments in 95908
accordance with this section. If the director determines that a 95909
county board is using payments inappropriately, the director shall 95910
notify the county board in writing of the determination. Within 95911
thirty days after receiving the director's notification, the 95912
county board shall submit a written plan of correction to the 95913
director. The director may accept or reject the plan. If the 95914
director rejects the plan, the director may require the county 95915
board to repay all or a portion of the amount of tax equity 95916
payments used inappropriately. The director shall distribute any 95917
tax equity payments returned under this division to other eligible 95918
county boards in accordance with a plan developed by the director 95919
after consultation with the Ohio association of county boards 95920
serving people with developmental disabilities.95921

       Sec. 5126.23.  (A) As used in this section, "employee" means 95922
a management employee or superintendent of a county board of 95923
developmental disabilities.95924

       (B) An employee may be removed, suspended, or demoted in 95925
accordance with this section for violation of written rules set 95926
forth by the board or for incompetency, inefficiency, dishonesty, 95927
drunkenness, immoral conduct, insubordination, discourteous 95928
treatment of the public, neglect of duty, or other acts of 95929
misfeasance, malfeasance, or nonfeasance.95930

       (C) Prior to the removal, suspension, or demotion of an 95931
employee pursuant to this section, the employee shall be notified 95932
in writing of the charges against the employee. Except as 95933
otherwise provided in division (H) of this section, not later than 95934
thirty days after receiving such notification, a predisciplinary 95935
conference shall be held to provide the employee an opportunity to 95936
refute the charges against the employee. At least seventy-two 95937
hours prior to the conference, the employee shall be given a copy 95938
of the charges against the employee.95939

       If the removal, suspension, or demotion action is directed 95940
against a management employee, the conference shall be held by the 95941
superintendent or a person the superintendent designates, and the 95942
superintendent shall notify the management employee within fifteen 95943
days after the conference of the decision made with respect to the 95944
charges. If the removal, suspension, or demotion action is 95945
directed against a superintendent, the conference shall be held by 95946
the members of the board or their designees, and the board shall 95947
notify the superintendent within fifteen days after the conference 95948
of its decision with respect to the charges.95949

       (D) Within fifteen days after receiving notification of the 95950
results of the predisciplinary conference, an employee may file 95951
with the board a written demand for a hearing before the board or 95952
before a referee, and the board shall set a time for the hearing 95953
which shall be within thirty days from the date of receipt of the 95954
written demand, and the board shall give the employee at least 95955
twenty days notice in writing of the time and place of the 95956
hearing.95957

       (E) If a referee is demanded by an employee or a county 95958
board, the hearing shall be conducted by a referee selected in 95959
accordance with division (F) of this section; otherwise, it shall 95960
be conducted by a majority of the members of the board and shall 95961
be confined to the charges enumerated at the predisciplinary 95962
conference.95963

       (F) Referees for the hearings required by this section shall 95964
be selected from thea list of resident electors compiled from95965
names compiled by the superintendent of public instruction 95966
pursuant to section 3319.161 of the Revised Codethat the director 95967
of developmental disabilities shall solicit annually from the 95968
state bar association. Upon receipt of notice that a referee has 95969
been demanded by an employee or a county board, the superintendent 95970
of public instructiondirector shall immediately designate three 95971
persons from such list, from whom the referee for the hearing 95972
shall be chosen, and the superintendent of public instruction95973
director shall immediately notify the designees, the county board, 95974
and the employee. If within five days of receipt of the notice, 95975
the county board and employee are unable to agree upon one of the 95976
designees to serve as referee, the superintendent of public 95977
instructiondirector shall appoint one of the designees to serve 95978
as referee. The appointment of the referee shall be entered in the 95979
minutes of the county board. The referee appointed shall be paid 95980
the referee's usual and customary fee for attending the hearing 95981
which shall be paid from the general fund of the county board of 95982
developmental disabilities.95983

       (G) The board shall provide for a complete stenographic 95984
record of the proceedings, and a copy of the record shall be 95985
furnished to the employee.95986

       Both parties may be present at the hearing, be represented by 95987
counsel, require witnesses to be under oath, cross-examine 95988
witnesses, take a record of the proceedings, and require the 95989
presence of witnesses in their behalf upon subpoena to be issued 95990
by the county board. If any person fails to comply with a 95991
subpoena, a judge of the court of common pleas of the county in 95992
which the person resides, upon application of any interested 95993
party, shall compel attendance of the person by attachment 95994
proceedings as for contempt. Any member of the board or the 95995
referee may administer oaths to witnesses. After a hearing by a 95996
referee, the referee shall file a report within ten days after the 95997
termination of the hearing. After consideration of the referee's 95998
report, the board, by a majority vote, may accept or reject the 95999
referee's recommendation. After a hearing by the board, the board, 96000
by majority vote, may enter its determination upon its minutes. If 96001
the decision, after hearing, is in favor of the employee, the 96002
charges and the record of the hearing shall be physically expunged 96003
from the minutes and, if the employee has suffered any loss of 96004
salary by reason of being suspended, the employee shall be paid 96005
the employee's full salary for the period of such suspension.96006

       Any employee affected by a determination of the board under 96007
this division may appeal to the court of common pleas of the 96008
county in which the board is located within thirty days after 96009
receipt of notice of the entry of such determination. The appeal 96010
shall be an original action in the court and shall be commenced by 96011
the filing of a complaint against the board, in which complaint 96012
the facts shall be alleged upon which the employee relies for a 96013
reversal or modification of such determination. Upon service or 96014
waiver of summons in that appeal, the board immediately shall 96015
transmit to the clerk of the court for filing a transcript of the 96016
original papers filed with the board, a certified copy of the 96017
minutes of the board into which the determination was entered, and 96018
a certified transcript of all evidence adduced at the hearing or 96019
hearings before the board or a certified transcript of all 96020
evidence adduced at the hearing or hearings before the referee, 96021
whereupon the cause shall be at issue without further pleading and 96022
shall be advanced and heard without delay. The court shall examine 96023
the transcript and record of the hearing and shall hold such 96024
additional hearings as it considers advisable, at which it may 96025
consider other evidence in addition to the transcript and record.96026

       Upon final hearing, the court shall grant or deny the relief 96027
prayed for in the complaint as may be proper in accordance with 96028
the evidence adduced in the hearing. Such an action is a special 96029
proceeding, and either the employee or the board may appeal from 96030
the decision of the court of common pleas pursuant to the Rules of 96031
Appellate Procedure and, to the extent not in conflict with those 96032
rules, Chapter 2505. of the Revised Code.96033

       (H) Notwithstanding divisions (C) to (G) of this section, a 96034
county board and an employee may agree to submit issues regarding 96035
the employee's removal, suspension, or demotion to binding 96036
arbitration. The terms of the submission, including the method of 96037
selecting the arbitrator or arbitrators and the responsibility for 96038
compensating the arbitrator, shall be provided for in the 96039
arbitration agreement. The arbitrator shall be selected within 96040
fifteen days of the execution of the agreement. Chapter 2711. of 96041
the Revised Code governs the arbitration proceedings.96042

       Sec. 5126.24.  (A) As used in this section:96043

       (1) "License" means an educator license issued by the state 96044
board of education under section 3319.22 of the Revised Code or a 96045
certificate issued by the department of developmental 96046
disabilities.96047

       (2) "Teacher" means a person employed by a county board of 96048
developmental disabilities in a position that requires a license.96049

       (3) "Nonteaching employee" means a person employed by a 96050
county board of developmental disabilities in a position that does 96051
not require a license.96052

       (4) "Years of service" includes all service described in 96053
division (A) of section 3317.13 of the Revised Code. 96054

       (B) Subject to rules established by the director of 96055
developmental disabilities pursuant to Chapter 119. of the Revised 96056
Code, each county board of developmental disabilities shall 96057
annually adopt separate salary schedules for teachers and 96058
nonteaching employees.96059

       (C) TheIn adopting the teachers' salary schedule shall 96060
provide for increments based on training and years of service. The 96061
board may establish its own service requirements provided no 96062
teacher receives less than the salary the teacher would be paid 96063
under section 3317.13 of the Revised Code if the teacher were 96064
employed by a school district board of education and provided full 96065
credit for a minimum of five years of actual teaching and military 96066
experience as defined in division (A) of such section is given to 96067
each teacher.96068

       Each teacher who has completed training that would qualify 96069
the teacher for a higher salary bracket pursuant to this section 96070
shall file by the fifteenth day of September with the fiscal 96071
officer of the board, satisfactory evidence of the completion of 96072
such additional training. The fiscal officer shall then 96073
immediately place the teacher, pursuant to this section, in the 96074
proper salary bracket in accordance with training and years of 96075
service. No teacher shall be paid less than the salary to which 96076
the teacher would be entitled under section 3317.13 of the Revised 96077
Code if the teacher were employed by a school district board of 96078
education, the board shall comply with sections 3317.14 and 96079
3317.141 of the Revised Code in the same manner as a school 96080
district.96081

       The superintendent of each county board, on or before the 96082
fifteenth day of October of each year, shall certify to the state 96083
board of education the name of each teacher employed, on an annual 96084
salary, in each special education program operated pursuant to 96085
section 3323.09 of the Revised Code during the first full school 96086
week of October. The superintendent further shall certify, for 96087
each teacher, the number of years of training completed at a 96088
recognized college, the degrees earned from a college recognized 96089
by the state board, the type of license held, the number of months 96090
employed by the board, the annual salary, and other information 96091
that the state board may request.96092

       (D) The nonteaching employees' salary schedule established by 96093
the board shall be based on training, experience, and 96094
qualifications with initial salaries no less than salaries in 96095
effect on July 1, 1985. Each board shall prepare and may amend 96096
from time to time, specifications descriptive of duties, 96097
responsibilities, requirements, and desirable qualifications of 96098
the classifications of employees required to perform the duties 96099
specified in the salary schedule. All nonteaching employees shall 96100
be notified of the position classification to which they are 96101
assigned and the salary for the classification. The compensation 96102
of all nonteaching employees working for a particular board shall 96103
be uniform for like positions except as compensation would be 96104
affected by salary increments based upon length of service.96105

       On the fifteenth day of October of each year the nonteaching 96106
employees' salary schedule and list of job classifications and 96107
salaries in effect on that date shall be filed by each board with 96108
the superintendent of public instruction. If such salary schedule 96109
and classification plan is not filed, the superintendent of public 96110
instruction shall order the board to file such schedule and list 96111
forthwith. If this condition is not corrected within ten days 96112
after receipt of the order from the superintendent, no money shall 96113
be distributed to the districtboard under Chapter 3306. or 3317. 96114
of the Revised Code until the superintendent has satisfactory 96115
evidence of the board's full compliance with such order.96116

       Sec. 5126.33.  (A) A county board of developmental 96117
disabilities may file a complaint with the probate court of the 96118
county in which an adult with mental retardation or a 96119
developmental disability resides for an order authorizing the 96120
board to arrange services described in division (C) of section 96121
5126.31 of the Revised Code for that adult if the adult is 96122
eligible to receive services or support under section 5126.041 of 96123
the Revised Code and the board has been unable to secure consent. 96124
The complaint shall include:96125

       (1) The name, age, and address of the adult;96126

       (2) Facts describing the nature of the abuse, neglect, or 96127
exploitation and supporting the board's belief that services are 96128
needed;96129

       (3) The types of services proposed by the board, as set forth 96130
in the protective service plan described in division (J) of 96131
section 5126.30 of the Revised Code and filed with the complaint;96132

       (4) Facts showing the board's attempts to obtain the consent 96133
of the adult or the adult's guardian to the services.96134

       (B) The board shall give the adult notice of the filing of 96135
the complaint and in simple and clear language shall inform the 96136
adult of the adult's rights in the hearing under division (C) of 96137
this section and explain the consequences of a court order. This 96138
notice shall be personally served upon all parties, and also shall 96139
be given to the adult's legal counsel, if any, and the legal 96140
rights service. The notice shall be given at least twenty-four 96141
hours prior to the hearing, although the court may waive this 96142
requirement upon a showing that there is a substantial risk that 96143
the adult will suffer immediate physical harm in the twenty-four 96144
hour period and that the board has made reasonable attempts to 96145
give the notice required by this division.96146

       (C) Upon the filing of a complaint for an order under this 96147
section, the court shall hold a hearing at least twenty-four hours 96148
and no later than seventy-two hours after the notice under 96149
division (B) of this section has been given unless the court has 96150
waived the notice. All parties shall have the right to be present 96151
at the hearing, present evidence, and examine and cross-examine 96152
witnesses. The Ohio Rules of Evidence shall apply to a hearing 96153
conducted pursuant to this division. The adult shall be 96154
represented by counsel unless the court finds that the adult has 96155
made a voluntary, informed, and knowing waiver of the right to 96156
counsel. If the adult is indigent, the court shall appoint counsel 96157
to represent the adult. The board shall be represented by the 96158
county prosecutor or an attorney designated by the board.96159

       (D)(1) The court shall issue an order authorizing the board 96160
to arrange the protective services if it finds, on the basis of 96161
clear and convincing evidence, all of the following:96162

       (a) The adult has been abused, neglected, or exploited;96163

       (b) The adult is incapacitated;96164

       (c) There is a substantial risk to the adult of immediate 96165
physical harm or death;96166

       (d) The adult is in need of the services;96167

       (e) No person authorized by law or court order to give 96168
consent for the adult is available or willing to consent to the 96169
services.96170

       (2) The board shall develop a detailed protective service 96171
plan describing the services that the board will provide, or 96172
arrange for the provision of, to the adult to prevent further 96173
abuse, neglect, or exploitation. The board shall submit the plan 96174
to the court for approval. The protective service plan may be 96175
changed only by court order.96176

       (3) In formulating the order, the court shall consider the 96177
individual protective service plan and shall specifically 96178
designate the services that are necessary to deal with the abuse, 96179
neglect, or exploitation or condition resulting from abuse, 96180
neglect, or exploitation and that are available locally, and 96181
authorize the board to arrange for these services only. The court 96182
shall limit the provision of these services to a period not 96183
exceeding six months, renewable for an additional six-month period 96184
on a showing by the board that continuation of the order is 96185
necessary.96186

       (E) If the court finds that all other options for meeting the 96187
adult's needs have been exhausted, it may order that the adult be 96188
removed from the adult's place of residence and placed in another 96189
residential setting. Before issuing that order, the court shall 96190
consider the adult's choice of residence and shall determine that 96191
the new residential setting is the least restrictive alternative 96192
available for meeting the adult's needs and is a place where the 96193
adult can obtain the necessary requirements for daily living in 96194
safety. The court shall not order an adult to a hospital or public 96195
hospital as defined in section 5122.01 or a state institution as 96196
defined in section 5123.01 of the Revised Code.96197

       (F) The court shall not authorize a change in an adult's 96198
placement ordered under division (E) of this section unless it 96199
finds compelling reasons to justify a change. The parties to whom 96200
notice was given in division (B) of this section shall be given 96201
notice of a proposed change at least five working days prior to 96202
the change.96203

       (G) The adult, the board, or any other person who received 96204
notice of the petition may file a motion for modification of the 96205
court order at any time.96206

       (H) The county board shall pay court costs incurred in 96207
proceedings brought pursuant to this section. The adult shall not 96208
be required to pay for court-ordered services.96209

       (I)(1) After the filing of a complaint for an order under 96210
this section, the court, prior to the final disposition, may enter 96211
any temporary order that the court finds necessary to protect the 96212
adult with mental retardation or a developmental disability from 96213
abuse, neglect, or exploitation including, but not limited to, the 96214
following:96215

       (a) A temporary protection order;96216

       (b) An order requiring the evaluation of the adult;96217

       (c) An order requiring a party to vacate the adult's place of 96218
residence or legal settlement, provided that, subject to division 96219
(K)(1)(d) of this section, no operator of a residential facility 96220
licensed by the department may be removed under this division;96221

       (d) In the circumstances described in, and in accordance with 96222
the procedures set forth in, section 5123.191 of the Revised Code, 96223
an order of the type described in that section that appoints a 96224
receiver to take possession of and operate a residential facility 96225
licensed by the department.96226

       (2) The court may grant an ex parte order pursuant to this 96227
division on its own motion or if a party files a written motion or 96228
makes an oral motion requesting the issuance of the order and 96229
stating the reasons for it if it appears to the court that the 96230
best interest and the welfare of the adult require that the court 96231
issue the order immediately. The court, if acting on its own 96232
motion, or the person requesting the granting of an ex parte 96233
order, to the extent possible, shall give notice of its intent or 96234
of the request to all parties, the adult's legal counsel, if any, 96235
and the legal rights service. If the court issues an ex parte 96236
order, the court shall hold a hearing to review the order within 96237
seventy-two hours after it is issued or before the end of the next 96238
day after the day on which it is issued, whichever occurs first. 96239
The court shall give written notice of the hearing to all parties 96240
to the action.96241

       Sec. 5126.41.  The county board of developmental disabilities 96242
shall identify residents of the county for whom supported living 96243
is to be provided. Identification of the residents shall be made 96244
in accordance with the priorities set under section 5126.04 of the 96245
Revised Code and the waiting list policies developedlists 96246
established under section 5126.042 of the Revised Code. The board 96247
shall assist the residents in identifying their individual service 96248
needs.96249

       To arrange supported living for an individual, the board 96250
shall assist the individual in developing an individual service 96251
plan. In developing the plan, the individual shall choose a 96252
residence that is appropriate according to local standards; the 96253
individuals, if any, with whom the individual will live in the 96254
residence; the services the individual needs to live in the 96255
individual's residence of choice; and the providers from which the 96256
services will be received. The choices available to an individual 96257
shall be based on available resources.96258

       The board shall obtain the consent of the individual or the 96259
individual's guardian and the signature of the individual or 96260
guardian on the individual service plan. The county board shall 96261
ensure that the individual receives from the provider the services 96262
contracted for under section 5126.45 of the Revised Code.96263

       An individual service plan for supported living shall be 96264
effective for a period of time agreed to by the county board and 96265
the individual. In determinating that period, the county board and 96266
the individual shall consider the nature of the services to be 96267
provided and the manner in which they are customarily provided.96268

       Sec. 5126.42.  (A) A county board of developmental 96269
disabilities shall establish an advisory council composed of board 96270
members or employees of the board, providers, individuals 96271
receiving supported living, and advocates for individuals 96272
receiving supported living to provide on-going communication among 96273
all persons concerned with supported living.96274

       (B) The board shall develop procedures for the resolution of 96275
grievances between the board and providers or between the board 96276
and an entity with which it has a shared funding agreement.96277

       (C) The board shall develop and implement a provider 96278
selection system. Each system shall enable an individual to choose 96279
to continue receiving supported living from the same providers, to 96280
select additional providers, or to choose alternative providers. 96281
Annually, the board shall review its provider selection system to 96282
determine whether it has been implemented in a manner that allows 96283
individuals fair and equitable access to providers.96284

       In developing a provider selection system, the county board 96285
shall create a pool of providers for individuals to use in 96286
choosing their providers of supported living. The pool shall be 96287
created by placing in the pool all providers on record with the 96288
board or by placing in the pool all providers approved by the 96289
board through soliciting requests for proposals for supported 96290
living contracts. In either case, only providers that are 96291
certified by the director of developmental disabilities may be 96292
placed in the pool.96293

       If the board places all providers on record in the pool, the 96294
board shall review the pool at least annually to determine whether 96295
each provider has continued interest in being a provider and has 96296
maintained its certification by the department. At any time, an 96297
interested and certified provider may make a request to the board 96298
that it be added to the pool, and the board shall add the provider 96299
to the pool not later than seven days after receiving the request.96300

       If the board solicits requests for proposals for inclusion of 96301
providers in the pool, the board shall develop standards for 96302
selecting the providers to be included. Requests for proposals 96303
shall be solicited at least annually. When requests are solicited, 96304
the board shall cause legal notices to be published at least once 96305
each week for two consecutive weeks in a newspaper withof general 96306
circulation within the county or as provided in section 7.16 of 96307
the Revised Code. The board's formal request for proposals shall 96308
include a description of any applicable contract terms, the 96309
standards that are used to select providers for inclusion in the 96310
pool, and the process the board uses to resolve disputes arising 96311
from the selection process. The board shall accept requests from 96312
any entity interested in being a provider of supported living for 96313
individuals served by the board. Requests shall be approved or 96314
denied according to the standards developed by the board. 96315
Providers that previously have been placed in the pool are not 96316
required to resubmit a request for proposal to be included in the 96317
pool, unless the board's standards have been changed.96318

       In assisting an individual in choosing a provider, the county 96319
board shall provide the individual with uniform and consistent 96320
information pertaining to each provider in the pool. An individual 96321
may choose to receive supported living from a provider that is not 96322
included in the pool, if the provider is certified by the director 96323
of developmental disabilities.96324

       Sec. 5139.11.  The department of youth services shall do all 96325
of the following:96326

       (A) Through a program of education, promotion, and 96327
organization, form groups of local citizens and assist these 96328
groups in conducting activities aimed at the prevention and 96329
control of juvenile delinquency, making use of local people and 96330
resources for the following purposes:96331

       (1) Combatting local conditions known to contribute to 96332
juvenile delinquency;96333

       (2) Developing recreational and other programs for youth 96334
work;96335

       (3) Providing adult sponsors for delinquent children cases;96336

       (4) Dealing with other related problems of the locality.96337

       (B) Advise local, state, and federal officials, public and 96338
private agencies, and lay groups on the needs for and possible 96339
methods of the reduction and prevention of juvenile delinquency 96340
and the treatment of delinquent children;96341

       (C) Consult with the schools and courts of this state on the 96342
development of programs for the reduction and prevention of 96343
delinquency and the treatment of delinquents;96344

       (D) Cooperate with other agencies whose services deal with 96345
the care and treatment of delinquent children to the end that 96346
delinquent children who are state wards may be assisted whenever 96347
possible to a successful adjustment outside of institutional care;96348

       (E) Cooperate with other agencies in surveying, developing, 96349
and utilizing the recreational resources of a community as a means 96350
of combatting the problem of juvenile delinquency and effectuating 96351
rehabilitation;96352

       (F) Hold district and state conferences from time to time in 96353
order to acquaint the public with current problems of juvenile 96354
delinquency and develop a sense of civic responsibility toward the 96355
prevention of juvenile delinquency;96356

       (G) Assemble and distribute information relating to juvenile 96357
delinquency and report on studies relating to community conditions 96358
that affect the problem of juvenile delinquency;96359

       (H) Assist any community within the state by conducting a 96360
comprehensive survey of the community's available public and 96361
private resources, and recommend methods of establishing a 96362
community program for combatting juvenile delinquency and crime, 96363
but no survey of that type shall be conducted unless local 96364
individuals and groups request it through their local authorities, 96365
and no request of that type shall be interpreted as binding the 96366
community to following the recommendations made as a result of the 96367
request;96368

       (I) Evaluate the rehabilitation of children committed to the 96369
department and prepare and submit periodic reports to the 96370
committing court for the following purposes:96371

       (1) Evaluating the effectiveness of institutional treatment;96372

       (2) Making recommendations for judicial release under section 96373
2152.22 of the Revised Code if appropriate and recommending 96374
conditions for judicial release;96375

       (3) Reviewing the placement of children and recommending 96376
alternative placements where appropriate.96377

       (J) Coordinate dates for hearings to be conducted under 96378
section 2152.22 of the Revised Code and assist in the transfer and 96379
release of children from institutionalization to the custody of 96380
the committing court;96381

       (K)(1) Coordinate and assist juvenile justice systems by 96382
doing the following:96383

       (a) Performing juvenile justice system planning in the state, 96384
including any planning that is required by any federal law;96385

       (b) Collecting, analyzing, and correlating information and 96386
data concerning the juvenile justice system in the state;96387

       (c) Cooperating with and providing technical assistance to 96388
state departments, administrative planning districts, metropolitan 96389
county criminal justice services agencies, criminal justice 96390
coordinating councils, and agencies, offices, and departments of 96391
the juvenile justice system in the state, and other appropriate 96392
organizations and persons;96393

       (d) Encouraging and assisting agencies, offices, and 96394
departments of the juvenile justice system in the state and other 96395
appropriate organizations and persons to solve problems that 96396
relate to the duties of the department;96397

       (e) Administering within the state any juvenile justice acts 96398
and programs that the governor requires the department to 96399
administer;96400

       (f) Implementing the state comprehensive plans;96401

       (g) Visiting and inspecting jails, detention facilities, 96402
correctional facilities, facilities that may hold juveniles 96403
involuntarily, or any other facility that may temporarily house 96404
juveniles on a voluntary or involuntary basis for the purpose of 96405
compliance pursuant to the "Juvenile Justice and Delinquency 96406
Prevention Act of 1974," 88 Stat. 1109, as amended;96407

       (h) Auditing grant activities of agencies, offices, 96408
organizations, and persons that are financed in whole or in part 96409
by funds granted through the department;96410

       (h)(i) Monitoring or evaluating the performance of juvenile 96411
justice system projects and programs in the state that are 96412
financed in whole or in part by funds granted through the 96413
department;96414

       (i)(j) Applying for, allocating, disbursing, and accounting 96415
for grants that are made available pursuant to federal juvenile 96416
justice acts, or made available from other federal, state, or 96417
private sources, to improve the criminal and juvenile justice 96418
systems in the state. All money from federal juvenile justice act 96419
grants shall, if the terms under which the money is received 96420
require that the money be deposited into an interest bearing fund 96421
or account, be deposited in the state treasury to the credit of 96422
the federal juvenile justice program purposes fund, which is 96423
hereby created. All investment earnings shall be credited to the 96424
fund.96425

       (j)(k) Contracting with federal, state, and local agencies, 96426
foundations, corporations, businesses, and persons when necessary 96427
to carry out the duties of the department;96428

       (k)(l) Overseeing the activities of metropolitan county 96429
criminal justice services agencies, administrative planning 96430
districts, and juvenile justice coordinating councils in the 96431
state;96432

       (l)(m) Advising the general assembly and governor on 96433
legislation and other significant matters that pertain to the 96434
improvement and reform of the juvenile justice system in the 96435
state;96436

       (m)(n) Preparing and recommending legislation to the general 96437
assembly and governor for the improvement of the juvenile justice 96438
system in the state;96439

       (n)(o) Assisting, advising, and making any reports that are 96440
required by the governor, attorney general, or general assembly;96441

       (o)(p) Adopting rules pursuant to Chapter 119. of the Revised 96442
Code.96443

       (2) Division (K)(1) of this section does not limit the 96444
discretion or authority of the attorney general with respect to 96445
crime victim assistance and criminal and juvenile justice 96446
programs.96447

       (3) Nothing in division (K)(1) of this section is intended to 96448
diminish or alter the status of the office of the attorney general 96449
as a criminal justice services agency.96450

       (4) The governor may appoint any advisory committees to 96451
assist the department that the governor considers appropriate or 96452
that are required under any state or federal law.96453

       Sec. 5139.43.  (A) The department of youth services shall 96454
operate a felony delinquent care and custody program that shall be 96455
operated in accordance with the formula developed pursuant to 96456
section 5139.41 of the Revised Code, subject to the conditions 96457
specified in this section.96458

       (B)(1) Each juvenile court shall use the moneys disbursed to 96459
it by the department of youth services pursuant to division (B) of 96460
section 5139.41 of the Revised Code in accordance with the 96461
applicable provisions of division (B)(2) of this section and shall 96462
transmit the moneys to the county treasurer for deposit in 96463
accordance with this division. The county treasurer shall create 96464
in the county treasury a fund that shall be known as the felony 96465
delinquent care and custody fund and shall deposit in that fund 96466
the moneys disbursed to the juvenile court pursuant to division 96467
(B) of section 5139.41 of the Revised Code. The county treasurer 96468
also shall deposit into that fund the state subsidy funds granted 96469
to the county pursuant to section 5139.34 of the Revised Code. The 96470
moneys disbursed to the juvenile court pursuant to division (B) of 96471
section 5139.41 of the Revised Code and deposited pursuant to this 96472
division in the felony delinquent care and custody fund shall not 96473
be commingled with any other county funds except state subsidy 96474
funds granted to the county pursuant to section 5139.34 of the 96475
Revised Code; shall not be used for any capital construction 96476
projects; upon an order of the juvenile court and subject to 96477
appropriation by the board of county commissioners, shall be 96478
disbursed to the juvenile court for use in accordance with the 96479
applicable provisions of division (B)(2) of this section; shall 96480
not revert to the county general fund at the end of any fiscal 96481
year; and shall carry over in the felony delinquent care and 96482
custody fund from the end of any fiscal year to the next fiscal 96483
year. The maximum balance carry-over at the end of each respective 96484
fiscal year in the felony delinquent care and custody fund in any 96485
county from funds allocated to the county pursuant to sections 96486
5139.34 and 5139.41 of the Revised Code in the previous fiscal 96487
year shall not exceed an amount to be calculated as provided in 96488
the formula set forth in this division, unless that county has 96489
applied for and been granted an exemption by the director of youth 96490
services. Beginning June 30, 2008, the maximum balance carry-over 96491
at the end of each respective fiscal year shall be determined by 96492
the following formula: for fiscal year 2008, the maximum balance 96493
carry-over shall be one hundred per cent of the allocation for 96494
fiscal year 2007, to be applied in determining the fiscal year 96495
2009 allocation; for fiscal year 2009, it shall be fifty per cent 96496
of the allocation for fiscal year 2008, to be applied in 96497
determining the fiscal year 2010 allocation; for fiscal year 2010, 96498
it shall be twenty-five per cent of the allocation for fiscal year 96499
2009, to be applied in determining the fiscal year 2011 96500
allocation; and for each fiscal year subsequent to fiscal year 96501
2010, it shall be twenty-five per cent of the allocation for the 96502
immediately preceding fiscal year, to be applied in determining 96503
the allocation for the next immediate fiscal year. The department 96504
shall withhold from future payments to a county an amount equal to 96505
any moneys in the felony delinquent care and custody fund of the 96506
county that exceed the total maximum balance carry-over that 96507
applies for that county for the fiscal year in which the payments 96508
are being made and shall reallocate the withheld amount. The 96509
department shall adopt rules for the withholding and reallocation 96510
of moneys disbursed under sections 5139.34 and 5139.41 of the 96511
Revised Code and for the criteria and process for a county to 96512
obtain an exemption from the withholding requirement. The moneys 96513
disbursed to the juvenile court pursuant to division (B) of 96514
section 5139.41 of the Revised Code and deposited pursuant to this 96515
division in the felony delinquent care and custody fund shall be 96516
in addition to, and shall not be used to reduce, any usual annual 96517
increase in county funding that the juvenile court is eligible to 96518
receive or the current level of county funding of the juvenile 96519
court and of any programs or services for delinquent children, 96520
unruly children, or juvenile traffic offenders.96521

       (2)(a) A county and the juvenile court that serves the county 96522
shall use the moneys in its felony delinquent care and custody 96523
fund in accordance with rules that the department of youth 96524
services adopts pursuant to division (D) of section 5139.04 of the 96525
Revised Code and as follows:96526

       (i) The moneys in the fund that represent state subsidy funds 96527
granted to the county pursuant to section 5139.34 of the Revised 96528
Code shall be used to aid in the support of prevention, early 96529
intervention, diversion, treatment, and rehabilitation programs 96530
that are provided for alleged or adjudicated unruly children or 96531
delinquent children or for children who are at risk of becoming 96532
unruly children or delinquent children. The county shall not use 96533
for capital improvements more than fifteen per cent of the moneys 96534
in the fund that represent the applicable annual grant of those 96535
state subsidy funds.96536

       (ii) The moneys in the fund that were disbursed to the 96537
juvenile court pursuant to division (B) of section 5139.41 of the 96538
Revised Code and deposited pursuant to division (B)(1) of this 96539
section in the fund shall be used to provide programs and services 96540
for the training, treatment, or rehabilitation of felony 96541
delinquents that are alternatives to their commitment to the 96542
department, including, but not limited to, community residential 96543
programs, day treatment centers, services within the home, and 96544
electronic monitoring, and shall be used in connection with 96545
training, treatment, rehabilitation, early intervention, or other 96546
programs or services for any delinquent child, unruly child, or 96547
juvenile traffic offender who is under the jurisdiction of the 96548
juvenile court. 96549

        The fund also may be used for prevention, early intervention, 96550
diversion, treatment, and rehabilitation programs that are 96551
provided for alleged or adjudicated unruly children, delinquent 96552
children, or juvenile traffic offenders or for children who are at 96553
risk of becoming unruly children, delinquent children, or juvenile 96554
traffic offenders. Consistent with division (B)(1) of this 96555
section, a county and the juvenile court of a county shall not use 96556
any of those moneys for capital construction projects.96557

       (iii) Moneys in the fund shall not be used to support 96558
programs or services that do not comply with federal juvenile 96559
justice and delinquency prevention core requirements or to support 96560
programs or services that research has shown to be ineffective. 96561
Moneys in the fund shall be prioritized to research-supported, 96562
outcome-based programs and services.96563

        (iv) The county and the juvenile court that serves the county 96564
may use moneys in the fund to provide out-of-home placement of 96565
children only in detention centers, community rehabilitation 96566
centers, or community corrections facilities approved by the 96567
department pursuant to standards adopted by the department, 96568
licensed by an authorized state agency, or accredited by the 96569
American correctional association or another national organization 96570
recognized by the department.96571

       (b) Each juvenile court shall comply with division (B)(3)(d) 96572
of this section as implemented by the department. If a juvenile 96573
court fails to comply with division (B)(3)(d) of this section, the 96574
department shall not be required to make any disbursements in 96575
accordance with division (C) or (D) of section 5139.41 or division 96576
(C)(2) of section 5139.34 of the Revised Code.96577

       (3) In accordance with rules adopted by the department 96578
pursuant to division (D) of section 5139.04 of the Revised Code, 96579
each juvenile court and the county served by that juvenile court 96580
shall do all of the following that apply:96581

       (a) The juvenile court shall prepare an annual grant 96582
agreement and application for funding that satisfies the 96583
requirements of this section and section 5139.34 of the Revised 96584
Code and that pertains to the use, upon an order of the juvenile 96585
court and subject to appropriation by the board of county 96586
commissioners, of the moneys in its felony delinquent care and 96587
custody fund for specified programs, care, and services as 96588
described in division (B)(2)(a) of this section, shall submit that 96589
agreement and application to the county family and children first 96590
council, the regional family and children first council, or the 96591
local intersystem services to children cluster as described in 96592
sections 121.37 and 121.38 of the Revised Code, whichever is 96593
applicable, and shall file that agreement and application with the 96594
department for its approval. The annual grant agreement and 96595
application for funding shall include a method of ensuring equal 96596
access for minority youth to the programs, care, and services 96597
specified in it.96598

       The department may approve an annual grant agreement and 96599
application for funding only if the juvenile court involved has 96600
complied with the preparation, submission, and filing requirements 96601
described in division (B)(3)(a) of this section. If the juvenile 96602
court complies with those requirements and the department approves 96603
that agreement and application, the juvenile court and the county 96604
served by the juvenile court may expend the state subsidy funds 96605
granted to the county pursuant to section 5139.34 of the Revised 96606
Code only in accordance with division (B)(2)(a) of this section, 96607
the rules pertaining to state subsidy funds that the department 96608
adopts pursuant to division (D) of section 5139.04 of the Revised 96609
Code, and the approved agreement and application.96610

       (b) By the thirty-first day of August of each year, the 96611
juvenile court shall file with the department a report that 96612
contains all of the statistical and other information for each 96613
month of the prior state fiscal year. If the juvenile court fails 96614
to file the report required by division (B)(3)(b) of this section 96615
by the thirty-first day of August of any year, the department 96616
shall not disburse any payment of state subsidy funds to which the 96617
county otherwise is entitled pursuant to section 5139.34 of the 96618
Revised Code and shall not disburse pursuant to division (B) of 96619
section 5139.41 of the Revised Code the applicable allocation 96620
until the juvenile court fully complies with division (B)(3)(b) of 96621
this section.96622

       (c) If the department requires the juvenile court to prepare 96623
monthly statistical reports and to submit the reports on forms 96624
provided by the department, the juvenile court shall file those 96625
reports with the department on the forms so provided. If the 96626
juvenile court fails to prepare and submit those monthly 96627
statistical reports within the department's timelines, the 96628
department shall not disburse any payment of state subsidy funds 96629
to which the county otherwise is entitled pursuant to section 96630
5139.34 of the Revised Code and shall not disburse pursuant to 96631
division (B) of section 5139.41 of the Revised Code the applicable 96632
allocation until the juvenile court fully complies with division 96633
(B)(3)(c) of this section. If the juvenile court fails to prepare 96634
and submit those monthly statistical reports within one hundred 96635
eighty days of the date the department establishes for their 96636
submission, the department shall not disburse any payment of state 96637
subsidy funds to which the county otherwise is entitled pursuant 96638
to section 5139.34 of the Revised Code and shall not disburse 96639
pursuant to division (B) of section 5139.41 of the Revised Code 96640
the applicable allocation, and the state subsidy funds and the 96641
remainder of the applicable allocation shall revert to the 96642
department. If a juvenile court states in a monthly statistical 96643
report that the juvenile court adjudicated within a state fiscal 96644
year five hundred or more children to be delinquent children for 96645
committing acts that would be felonies if committed by adults and 96646
if the department determines that the data in the report may be 96647
inaccurate, the juvenile court shall have an independent auditor 96648
or other qualified entity certify the accuracy of the data on a 96649
date determined by the department.96650

       (d) If the department requires the juvenile court and the 96651
county to participate in a fiscal monitoring program or another 96652
monitoring program that is conducted by the department to ensure 96653
compliance by the juvenile court and the county with division (B) 96654
of this section, the juvenile court and the county shall 96655
participate in the program and fully comply with any guidelines 96656
for the performance of audits adopted by the department pursuant 96657
to that program and all requests made by the department pursuant 96658
to that program for information necessary to reconcile fiscal 96659
accounting. If an audit that is performed pursuant to a fiscal 96660
monitoring program or another monitoring program described in this 96661
division determines that the juvenile court or the county used 96662
moneys in the county's felony delinquent care and custody fund for 96663
expenses that are not authorized under division (B) of this 96664
section, within forty-five days after the department notifies the 96665
county of the unauthorized expenditures, the county either shall 96666
repay the amount of the unauthorized expenditures from the county 96667
general revenue fund to the state's general revenue fund or shall 96668
file a written appeal with the department. If an appeal is timely 96669
filed, the director of the department shall render a decision on 96670
the appeal and shall notify the appellant county or its juvenile 96671
court of that decision within forty-five days after the date that 96672
the appeal is filed. If the director denies an appeal, the 96673
county's fiscal agent shall repay the amount of the unauthorized 96674
expenditures from the county general revenue fund to the state's 96675
general revenue fund within thirty days after receiving the 96676
director's notification of the appeal decision. 96677

       (C) The determination of which county a reduction of the care 96678
and custody allocation will be charged against for a particular 96679
youth shall be made as outlined below for all youths who do not 96680
qualify as public safety beds. The determination of which county a 96681
reduction of the care and custody allocation will be charged 96682
against shall be made as follows until each youth is released: 96683

       (1) In the event of a commitment, the reduction shall be 96684
charged against the committing county. 96685

       (2) In the event of a recommitment, the reduction shall be 96686
charged against the original committing county until the 96687
expiration of the minimum period of institutionalization under the 96688
original order of commitment or until the date on which the youth 96689
is admitted to the department of youth services pursuant to the 96690
order of recommitment, whichever is later. Reductions of the 96691
allocation shall be charged against the county that recommitted 96692
the youth after the minimum expiration date of the original 96693
commitment. 96694

       (3) In the event of a revocation of a release on parole, the 96695
reduction shall be charged against the county that revokes the 96696
youth's parole.96697

       (D) A juvenile court is not precluded by its allocation 96698
amount for the care and custody of felony delinquents from 96699
committing a felony delinquent to the department of youth services 96700
for care and custody in an institution or a community corrections 96701
facility when the juvenile court determines that the commitment is 96702
appropriate.96703

       Sec. 5310.35.  The board of county commissioners shall 96704
conduct the public hearing required by section 5310.33 of the 96705
Revised Code in accordance with this section.96706

       (A)(1) The board shall prepare a notice of the hearing that 96707
includes each of the following:96708

       (a) A statement that the board is considering abolishing land 96709
registration in the county, that abolition would require the 96710
deregistration of all registered land in the county, and that 96711
after abolition all land in the county would have to be dealt with 96712
as nonregistered land;96713

       (b) A statement that the board seeks evidence with regard to 96714
the matters listed in section 5310.34 of the Revised Code;96715

       (c) The date, time, and place of the hearing, which shall be 96716
not earlier than two nor later than three months after the 96717
resolution to consider the merits of abolishing land registration 96718
was adopted by the board;96719

       (d) A statement that any person affected by the proposed 96720
abolition of land registration may appear at the hearing and 96721
present evidence as provided in division (B) of this section.96722

       (2) The board shall serve the notice by both of the following 96723
means:96724

       (a) Ordinary mail, evidenced by a certificate of mailing, 96725
addressed to each person from whom a receipt or signature card, 96726
giving residence and post-office address, has been taken by the 96727
county recorder under section 5309.30 or 5309.50 of the Revised 96728
Code, and to each person who has filed an affidavit with the 96729
county recorder under section 5309.72 of the Revised Code. The 96730
county recorder, within one month after the adoption of a 96731
resolution to consider the merits of abolishing land registration 96732
in the county, shall provide the board with the names and 96733
respective addresses of the persons who are entitled to notice 96734
under this division.96735

       If a notice is returned with an endorsement showing failure 96736
of delivery, the board is under no further obligation to directly 96737
serve the notice upon the addressee. The board shall preserve the 96738
returned notice in the records pertaining to its consideration of 96739
the merits of abolishing land registration in the county.96740

       (b) Publication twice a week for two consecutive weeks in a 96741
newspaper of general circulation in the county or as provided in 96742
section 7.16 of the Revised Code. Publication of the notice shall 96743
be completed at least one month prior to the date set for the 96744
hearing.96745

       (B) At the date, time, and place specified in the notice, the 96746
board shall conduct a hearing, which may be adjourned from day to 96747
day until complete, at which any person affected by the proposed 96748
abolition of land registration may appear in person, by his96749
attorney, or both, and present evidence, orally or in writing, 96750
with regard to the costs and benefits of maintaining land 96751
registration in the county. Any person who presents evidence may 96752
also present evidence refuting any evidence offered in opposition 96753
to histhe person's evidence.96754

       The board shall cause a stenographic record to be made of the 96755
hearing. The president of the board, or a member hethe president96756
designates, shall preside at the hearing.96757

       Sec. 5501.84. (A) There is hereby created the transportation 96758
public-private partnership legislative oversight committee 96759
consisting of six members as follows:96760

       (1) Three members of the senate, no more than two of whom 96761
shall be members of the same political party, one of whom shall be 96762
the chairperson of the committee dealing primarily with highway 96763
matters, one of whom shall be appointed by the president of the 96764
senate, and one of whom shall be appointed by the minority leader 96765
of the senate.96766

       The president of the senate shall make the president of the 96767
senate's appointment to the committee first, followed by the 96768
minority leader of the senate, and they shall make their 96769
appointments in such a manner that their two appointees represent 96770
districts that are located in different areas of the state.96771

       (2) Three members of the house of representatives, no more 96772
than two of whom shall be members of the same political party, one 96773
of whom shall be the chairperson of the house of representatives 96774
committee dealing primarily with highway matters, one of whom 96775
shall be appointed by the speaker of the house of representatives, 96776
and one of whom shall be appointed by the minority leader of the 96777
house of representatives.96778

       The speaker of the house of representatives shall make the 96779
speaker of the house of representatives' appointment to the 96780
committee first, followed by the minority leader of the house of 96781
representatives, and they shall make their appointments in such a 96782
manner that their two appointees represent districts that are 96783
located in different areas of the state.96784

       The chairperson of the house of representatives committee 96785
shall serve as the chairperson of the committee for the year 2012. 96786
Thereafter, the chair annually shall alternate between, first, the 96787
chairperson of the senate committee and then the chairperson of 96788
the house of representatives committee.96789

       (B) Each member of the committee who is a member of the 96790
general assembly shall serve a term of the remainder of the 96791
general assembly during which the member is appointed or is 96792
serving as chairperson of the specified senate or house committee. 96793
In the event of the death or resignation of a committee member who 96794
is a member of the general assembly, or in the event that a member 96795
ceases to be a senator or representative, or in the event that the 96796
chairperson of the senate committee dealing primarily with highway 96797
matters or the chairperson of the house of representatives 96798
committee dealing primarily with highway matters ceases to hold 96799
that position, the vacancy shall be filled through an appointment 96800
by the president of the senate or the speaker of the house of 96801
representatives or minority leader of the senate or house of 96802
representatives, as applicable. Any member appointed to fill a 96803
vacancy occurring prior to the end of the term for which the 96804
member's predecessor was appointed shall hold office for the 96805
remainder of the term or for a shorter period of time as 96806
determined by the president of the senate or the speaker of the 96807
house of representatives. A member of the committee is eligible 96808
for reappointment.96809

       (C) The committee shall meet at least quarterly and may meet 96810
at the call of its chairperson, or upon the written request to the 96811
chairperson of not fewer than four members of the committee. 96812
Meetings shall be held at sites that are determined solely by the 96813
chairperson of the committee. At each meeting, the Ohio department 96814
of transportation shall make a report to the committee on 96815
public-private partnership matters, including but not limited to 96816
financial and budgetary matters and proposed and ongoing bids, 96817
maintenance, repair, and operational projects.96818

       The committee, by the affirmative vote of at least four of 96819
its members, may submit written recommendations to the director of 96820
transportation, the president of the senate, the speaker of the 96821
house of representatives, and the minority leader of each house 96822
describing public-private partnership matters subject to further 96823
legislative review.96824

       (D) The members of the committee who are members of the 96825
general assembly shall serve without compensation, but shall be 96826
reimbursed by the department for their actual and necessary 96827
expenses incurred in the discharge of their official duties as 96828
committee members. Serving as a member of the committee does not 96829
constitute grounds for resignation from the senate or house of 96830
representatives under section 101.26 of the Revised Code.96831

       Sec. 5505.04.  (A)(1) The general administration and 96832
management of the state highway patrol retirement system and the 96833
making effective of this chapter are hereby vested in the state 96834
highway patrol retirement board. The board may sue and be sued, 96835
plead and be impleaded, contract and be contracted with, and do 96836
all things necessary to carry out this chapter.96837

       The board shall consist of the following members:96838

       (a) The superintendent of the state highway patrol;96839

       (b) Two retirant members who reside in this state;96840

       (c) Five employee-members;96841

       (d) One member, known as the treasurer of state's investment 96842
designee, who shall be appointed by the treasurer of state for a 96843
term of four years and who shall have the following 96844
qualifications:96845

       (i) The member is a resident of this state.96846

       (ii) Within the three years immediately preceding the 96847
appointment, the member has not been employed by the public 96848
employees retirement system, police and fire pension fund, state 96849
teachers retirement system, school employees retirement system, or 96850
state highway patrol retirement system or by any person, 96851
partnership, or corporation that has provided to one of those 96852
retirement systems services of a financial or investment nature, 96853
including the management, analysis, supervision, or investment of 96854
assets.96855

       (iii) The member has direct experience in the management, 96856
analysis, supervision, or investment of assets.96857

       (iv) The member is not currently employed by the state or a 96858
political subdivision of the state.96859

        (e) Two investment expert members, who shall be appointed to 96860
four-year terms. One investment expert member shall be appointed 96861
by the governor, and one investment expert member shall be jointly 96862
appointed by the speaker of the house of representatives and the 96863
president of the senate. Each investment expert member shall have 96864
the following qualifications:96865

       (i) Each investment expert member shall be a resident of this 96866
state.96867

       (ii) Within the three years immediately preceding the 96868
appointment, each investment expert member shall not have been 96869
employed by the public employees retirement system, police and 96870
fire pension fund, state teachers retirement system, school 96871
employees retirement system, or state highway patrol retirement 96872
system or by any person, partnership, or corporation that has 96873
provided to one of those retirement systems services of a 96874
financial or investment nature, including the management, 96875
analysis, supervision, or investment of assets.96876

       (iii) Each investment expert member shall have direct 96877
experience in the management, analysis, supervision, or investment 96878
of assets.96879

       (2) The board shall annually elect a chairperson and 96880
vice-chairperson from among its members. The vice-chairperson 96881
shall act as chairperson in the absence of the chairperson. A 96882
majority of the members of the board shall constitute a quorum and 96883
any action taken shall be approved by a majority of the members of 96884
the board. The board shall meet not less than once each year, upon 96885
sufficient notice to the members. All meetings of the board shall 96886
be open to the public except executive sessions as set forth in 96887
division (G) of section 121.22 of the Revised Code, and any 96888
portions of any sessions discussing medical records or the degree 96889
of disability of a member excluded from public inspection by this 96890
section.96891

       (3) Any investment expert member appointed to fill a vacancy 96892
occurring prior to the expiration of the term for which the 96893
member's predecessor was appointed holds office until the end of 96894
such term. The member continues in office subsequent to the 96895
expiration date of the member's term until the member's successor 96896
takes office, or until a period of sixty days has elapsed, 96897
whichever occurs first.96898

       (B) The attorney general shall prescribe procedures for the 96899
adoption of rules authorized under this chapter, consistent with 96900
the provision of section 111.15 of the Revised Code under which 96901
all rules shall be filed in order to be effective. Such procedures 96902
shall establish methods by which notice of proposed rules are 96903
given to interested parties and rules adopted by the board 96904
published and otherwise made available. When it files a rule with 96905
the joint committee on agency rule review pursuant to section 96906
111.15 of the Revised Code, the board shall submit to the Ohio 96907
retirement study council a copy of the full text of the rule, and 96908
if applicable, a copy of the rule summary and fiscal analysis 96909
required by division (B) of section 127.18 of the Revised Code.96910

       (C)(1) As used in this division, "personal history record" 96911
means information maintained by the board on an individual who is 96912
a member, former member, retirant, or beneficiary that includes 96913
the address, telephone number, social security number, record of 96914
contributions, correspondence with the system, and other 96915
information the board determines to be confidential.96916

       (2) The records of the board shall be open to public 96917
inspection, except for the following which shall be excluded: the 96918
member's, former member's, retirant's, or beneficiary's personal 96919
history record and the amount of a monthly allowance or benefit 96920
paid to a retirant, beneficiary, or survivor, except with the 96921
written authorization of the individual concerned. All medical 96922
reports and recommendations are privileged except that copies of 96923
such medical reports or recommendations shall be made available to 96924
the individual's personal physician, attorney, or authorized agent 96925
upon written release received from such individual or such 96926
individual's agent, or when necessary for the proper 96927
administration of the fund to the board-assigned physician.96928

       (D) Notwithstanding the exceptions to public inspection in 96929
division (C)(2) of this section, the board may furnish the 96930
following information:96931

       (1) If a member, former member, or retirant is subject to an 96932
order issued under section 2907.15 of the Revised Code or an order 96933
issued under division (A) or (B) of section 2929.192 of the 96934
Revised Code or is convicted of or pleads guilty to a violation of 96935
section 2921.41 of the Revised Code, on written request of a 96936
prosecutor as defined in section 2935.01 of the Revised Code, the 96937
board shall furnish to the prosecutor the information requested 96938
from the individual's personal history record.96939

       (2) Pursuant to a court order issued under Chapters 3119., 96940
3121., and 3123. of the Revised Code, the board shall furnish to a 96941
court or child support enforcement agency the information required 96942
under those chapters.96943

       (3) At the written request of any nonprofit organization or 96944
association providing services to retirement system members, 96945
retirants, or beneficiaries, the board shall provide to the 96946
organization or association a list of the names and addresses of 96947
members, former members, retirants, or beneficiaries if the 96948
organization or association agrees to use such information solely 96949
in accordance with its stated purpose of providing services to 96950
such individuals and not for the benefit of other persons, 96951
organizations, or associations. The costs of compiling, copying, 96952
and mailing the list shall be paid by such entity.96953

       (4) Within fourteen days after receiving from the director of 96954
job and family services a list of the names and social security 96955
numbers of recipients of public assistance pursuant to section 96956
5101.181 of the Revised Code, the board shall inform the auditor 96957
of state of the name, current or most recent employer address, and 96958
social security number of each member whose name and social 96959
security number are the same as those of a person whose name or 96960
social security number was submitted by the director. The board 96961
and its employees, except for purposes of furnishing the auditor 96962
of state with information required by this section, shall preserve 96963
the confidentiality of recipients of public assistance in 96964
compliance with division (A) of section 5101.181 of the Revised 96965
Code.96966

       (5) The system shall comply with orders issued under section 96967
3105.87 of the Revised Code.96968

       On the written request of an alternate payee, as defined in 96969
section 3105.80 of the Revised Code, the system shall furnish to 96970
the alternate payee information on the amount and status of any 96971
amounts payable to the alternate payee under an order issued under 96972
section 3105.171 or 3105.65 of the Revised Code.96973

       (6) At the request of any person, the board shall make 96974
available to the person copies of all documents, including 96975
resumes, in the board's possession regarding filling a vacancy of 96976
an employee member or retirant member of the board. The person who 96977
made the request shall pay the cost of compiling, copying, and 96978
mailing the documents. The information described in this division 96979
is a public record.96980

       (E) A statement that contains information obtained from the 96981
system's records that is certified and signed by an officer of the 96982
retirement system and to which the system's official seal is 96983
affixed, or copies of the system's records to which the signature 96984
and seal are attached, shall be received as true copies of the 96985
system's records in any court or before any officer of this state.96986

       Sec. 5540.03.  (A) A transportation improvement district may:96987

       (1) Adopt bylaws for the regulation of its affairs and the 96988
conduct of its business;96989

       (2) Adopt an official seal;96990

       (3) Sue and be sued in its own name, plead and be impleaded, 96991
provided any actions against the district shall be brought in the 96992
court of common pleas of the county in which the principal office 96993
of the district is located, or in the court of common pleas of the 96994
county in which the cause of action arose, and all summonses, 96995
exceptions, and notices of every kind shall be served on the 96996
district by leaving a copy thereof at its principal office with 96997
the secretary-treasurer;96998

       (4) Purchase, construct, maintain, repair, sell, exchange, 96999
police, operate, or lease projects;97000

       (5) Issue either or both of the following for the purpose of 97001
providing funds to pay the costs of any project or part thereof:97002

       (a) Transportation improvement district revenue bonds;97003

       (b) Bonds pursuant to Section 13 of Article VIII, Ohio 97004
Constitution;97005

       (6) Maintain such funds as it considers necessary;97006

       (7) Direct its agents or employees, when properly identified 97007
in writing and after at least five days' written notice, to enter 97008
upon lands within its jurisdiction to make surveys and 97009
examinations preliminary to the location and construction of 97010
projects for the district, without liability of the district or 97011
its agents or employees except for actual damage done;97012

       (8) Make and enter into all contracts and agreements 97013
necessary or incidental to the performance of its functions and 97014
the execution of its powers under this chapter;97015

       (9) Employ or retain or contract for the services of 97016
consulting engineers, superintendents, managers, and such other 97017
engineers, construction and accounting experts, financial 97018
advisers, trustees, marketing, remarketing, and administrative 97019
agents, attorneys, and other employees, independent contractors, 97020
or agents as are necessary in its judgment and fix their 97021
compensation, provided all such expenses shall be payable solely 97022
from the proceeds of bonds or from revenues;97023

       (10) Receive and accept from the federal or any state or 97024
local government, including, but not limited to, any agency, 97025
entity, or instrumentality of any of the foregoing, loans and 97026
grants for or in aid of the construction, maintenance, or repair 97027
of any project, and receive and accept aid or contributions from 97028
any source or person of money, property, labor, or other things of 97029
value, to be held, used, and applied only for the purposes for 97030
which such loans, grants, and contributions are made. Nothing in 97031
division (A)(10) of this section shall be construed as imposing 97032
any liability on this state for any loan received by a 97033
transportation improvement district from a third party unless this 97034
state has entered into an agreement to accept such liability.97035

       (11) Acquire, hold, and dispose of property in the exercise 97036
of its powers and the performance of its duties under this 97037
chapter;97038

       (12) Establish and collect tolls or user charges for its 97039
projects;97040

       (13) Do all acts necessary and proper to carry out the powers 97041
expressly granted in this chapter.97042

       (B) Chapters 123., 124., 125., 153., and 4115., and sections 97043
9.331, 9.332, 9.333,to 9.335 and 307.86 of the Revised Code do 97044
not apply to contracts or projects of a transportation improvement 97045
district.97046

       Sec. 5540.031.  (A) The board of trustees of a transportation 97047
improvement district may provide for the construction, 97048
reconstruction, improvement, alteration, or repair of any road, 97049
highway, public place, building, or other infrastructure and levy 97050
special assessments, if the board determines that the public 97051
improvement will benefit the area where it will be constructed, 97052
reconstructed, improved, altered, or repaired. However, if the 97053
improvement is proposed for territory in a political subdivision 97054
located outside the district's territory, the legislative 97055
authority of that political subdivision shall approve the 97056
undertaking of the improvement within the political subdivision.97057

       (B) If any improvements are made under this section, 97058
contracts for the improvement may provide that the improvement may 97059
be owned by the district or by the person or corporation supplying 97060
it to the district under a lease.97061

       (C) If the board of trustees of a district proposes an 97062
improvement described in division (A) of this section, the board 97063
shall conduct a hearing on the proposed improvement. The board 97064
shall indicate by metes and bounds the area in which the public 97065
improvement will be made and the area that will benefit from the 97066
improvement.97067

       (D) The board of trustees shall fix a day for a hearing on 97068
the proposed improvement. The secretary-treasurer of the board 97069
shall deliver, to each owner of a parcel of land or a lot that the 97070
board identifies as benefiting from the proposed improvement, a 97071
notice that sets forth the substance of the proposed improvement 97072
and the time and place of the hearing on it. At least fifteen days 97073
before the date set for the hearing, a copy of the notice shall be 97074
served upon the owner or left at histhe owner's usual place of 97075
residence, or, if the owner is a corporation, upon an officer or 97076
agent of the corporation. On or before the day of the hearing, the 97077
person serving notice of the hearing shall make return thereon, 97078
under oath, of the time and manner of service, and shall file the 97079
notice with the secretary-treasurer of the board.97080

       At least fifteen days before the day set for the hearing on 97081
the proposed improvement, the secretary-treasurer shall give 97082
notice to each nonresident owner of a lot or parcel of land in the 97083
area to be benefited by the improvement, by publication once in a 97084
newspaper published and of general circulation in the one or more 97085
counties in which this area is located. The publication of the 97086
notice shall be verified by affidavit of the printer or other 97087
person having knowledge of the publication and shall be filed with 97088
the secretary-treasurer of the district on or before the date of 97089
the hearing.97090

       (E) At the time and place specified in the notice for a 97091
hearing on the proposed improvement, the board of trustees of the 97092
district shall meet and hear any and all testimony provided by any 97093
of the parties affected by the proposed improvement and by any 97094
other persons competent to testify. The board or its 97095
representatives shall inspect, by an actual viewing, the area to 97096
be benefited by the proposed improvement. The board shall 97097
determine the necessity of the proposed improvement and may find 97098
that the proposed improvement will result in general as well as 97099
special benefits. The board may adjourn from time to time and to 97100
such places as it considers necessary.97101

       (F)(1) The board may award contracts or enter into a lease 97102
agreement for the construction, reconstruction, improvement, 97103
alteration, or repair of any improvement described in division (A) 97104
of this section and may issue notes, bonds, revenue anticipatory 97105
instruments, or other obligations, as authorized by this chapter, 97106
to finance the improvements.97107

       (2) All or a part of the costs and expenses of providing for 97108
the construction, reconstruction, improvement, alteration, or 97109
repair of any improvement described in division (F)(1) of this 97110
section may be paid from a fund into which may be paid special 97111
assessments levied under this section against the lots and parcels 97112
of land in the area to be benefited by the improvement, if the 97113
board finds that the improvement will result in general or special 97114
benefits to the benefited area. These special assessments shall be 97115
levied not more than one time on the same lot or parcel of land. 97116
Such costs and expenses may also be paid from the treasury of the 97117
district or from other available sources in amounts the board 97118
finds appropriate.97119

       (3) The board shall levy special assessments at an amount not 97120
to exceed ten per cent of the assessable value of the lot or 97121
parcel of land being assessed. The board shall determine the 97122
assessable value of a lot or parcel of land in the following 97123
manner: the board shall first determine the fair market value of 97124
the lot or parcel being assessed in the calendar year in which the 97125
area to be benefited by the public improvement is first designated 97126
and then multiply this amount by the average rate of appreciation 97127
in value of the lot or parcel since that calendar year. The 97128
assessable value of the lot or parcel is the current fair market 97129
value of the lot or parcel minus the amount calculated in the 97130
manner described in the immediately preceding sentence. The board 97131
may adjust the assessable value of a lot or parcel of land to 97132
reflect a sale of the lot or parcel that indicates an appreciation 97133
in its value that exceeds its average rate of appreciation in 97134
value.97135

       (4) Special assessments levied by the board may be paid in 97136
full in a lump sum or may be paid and collected in equal 97137
semiannual installments, equal in number to twice the number of 97138
years for which the lease of the improvement is made or twice the 97139
number of years that the note, bond, instrument, or obligation 97140
that the assessments are pledged to pay requires. The assessments 97141
shall be paid and collected in the same manner and at the same 97142
time as real property taxes are paid and collected, and 97143
assessments in the amount of fifty dollars or less shall be paid 97144
in full, and not in installments, at the time the first or next 97145
installment would otherwise become due and payable. Complaints 97146
regarding assessments may be made to the county board of revision 97147
in the same manner as complaints relating to the valuation and 97148
assessment of real property.97149

       Credits against assessments shall be granted equal to the 97150
value of any construction, reconstruction, improvement, 97151
alteration, or repair that an owner of a parcel of land or lot 97152
makes to an improvement pursuant to an agreement between the owner 97153
and the district.97154

       (5) After the levy of a special assessment, the board, at any 97155
time during any year in which an installment of the assessment 97156
becomes due, may pay out of other available funds of the district, 97157
including any state or federal funds available to the district, 97158
the full amount of the price of the contract that the special 97159
assessments are pledged to pay for that year or any other portion 97160
of the remaining obligation. The board shall be the sole 97161
determiner of the definition, extent, and allocation of the 97162
benefit resulting from an improvement that the board authorizes 97163
under this section.97164

       (G)(1) The board shall certify to the appropriate county 97165
auditor the boundaries of the area that is benefited by any public 97166
improvement the board authorizes under this section and, when the 97167
board so requests, the auditor shall apportion the valuation of 97168
any lot or parcel of land lying partly within and partly outside 97169
the area so benefited.97170

       (2) The board by resolution shall assess against the lots and 97171
parcels of land located in the area that is benefited by a public 97172
improvement such portion of the costs of completing the public 97173
improvement as the board determines, for the period that may be 97174
necessary to pay the note, bond, instrument, or obligation issued 97175
to pay for the improvement and the proceedings in relation to it, 97176
and shall certify these costs to the appropriate county auditor.97177

       (3) Except for assessments that have been paid in full in a 97178
lump sum, the county auditor shall annually place upon the tax 97179
duplicate, for collection in semiannual installments, the two 97180
installments of the assessment for that year, which shall be paid 97181
and collected at the same time and in the same manner as real 97182
property taxes. The collected assessments shall be paid to the 97183
treasury of the district and the board of the district shall use 97184
the assessments for any purpose authorized by this chapter.97185

       Sec. 5540.05.  The board of trustees of a district may 97186
acquire real property in fee simple in the name of the district in 97187
connection with, but in excess of that needed for, a project by 97188
any method other than appropriation and hold the property for such 97189
period of time as the board determines. All right, title, and 97190
interest of the district in the property may be sold at public 97191
auction or otherwise, as the board considers in the best interests 97192
of the district; but in no event shall the property be sold for 97193
less than two-thirds of its appraised value. Sale at public 97194
auction shall be undertaken only after the board advertises the 97195
sale in a newspaper of general circulation in the district for at 97196
least two weeks or as provided in section 7.16 of the Revised 97197
Code, prior to the date set for the sale.97198

       Sec. 5543.10.  (A) The county engineer, upon the order of the 97199
board of county commissioners or board of township trustees, shall 97200
construct sidewalks, curbs, or gutters of suitable materials, 97201
along or connecting the public highways, outside any municipal 97202
corporation, upon the petition of a majority of the abutting 97203
property owners. The expense of the construction of these 97204
improvements may be paid by the county or township, or by the 97205
county or township and abutting property owners in such proportion 97206
as determined by the board of county commissioners or board of 97207
township trustees. The board of county commissioners or board of 97208
township trustees may assess part or all of the cost of these 97209
improvements against the abutting property owners, in proportion 97210
to benefits accruing to their property.97211

       The board of county commissioners or board of township 97212
trustees, by unanimous vote, may order the construction, repair, 97213
or maintenance of sidewalks, curbs, and gutters along or 97214
connecting the public highways, outside a municipal corporation, 97215
without a petition for that construction, repair, or maintenance, 97216
and may assess none, all, or any part of the cost against abutting 97217
property owners, provided that notice is given by publication for 97218
three successive weeks in a newspaper of general circulation 97219
within the county or as provided in section 7.16 of the Revised 97220
Code, stating the intention of the board of county commissioners 97221
or board of township trustees to construct, repair, or maintain 97222
the specified improvements and fixing a date for a hearing on 97223
them. As part of a sidewalk improvement, the board may include the 97224
repair or reconstruction of a driveway within the sidewalk 97225
easement. As part of a curb improvement, the board may include 97226
construction or repair of a driveway apron.97227

       Notice to all abutting property owners shall be given by two 97228
publications in a newspaper of general circulation in the county 97229
or as provided in section 7.16 of the Revised Code, at least ten 97230
days prior to the date fixed in the notice for the making of 97231
assessments. The notice shall state the time and place when 97232
abutting property owners will be given an opportunity to be heard 97233
with reference to assessments. The board of county commissioners 97234
or board of township trustees shall determine whether assessments 97235
shall be paid in one or more installments.97236

       (B) The county engineer may trim or remove any and all trees, 97237
shrubs, and other vegetation growing in or encroaching onto the 97238
right-of-way of the easement of a public sidewalk along or 97239
connecting the public highways and maintained by the county, and 97240
the board of township trustees may trim or remove any and all 97241
trees, shrubs, and other vegetation growing in or encroaching onto 97242
the right-of-way of the easement of a public sidewalk along or 97243
connecting the public highways and maintained by the township, as 97244
is necessary in the engineer's or board's judgment to facilitate 97245
the right of the public to improvement and maintenance of, and 97246
uninterrupted travel on, public sidewalks in the county or 97247
township.97248

       Sec. 5552.06. (A) A board of county commissioners or a board 97249
of township trustees may adopt access management regulations or 97250
any amendments to those regulations after holding at least two 97251
public hearings at regular or special sessions of the board. The 97252
board shall consider the county engineer's proposed regulations 97253
prepared under division (B) of section 5552.04 or 5552.05 of the 97254
Revised Code and all comments on those regulations. The board, in 97255
its discretion, may, but need not, adopt any or all of those 97256
proposed regulations. After the public hearings, the board may 97257
decide not to adopt any access management regulations.97258

       The board shall publish notice of the public hearings in a 97259
newspaper of general circulation in the county or township, as 97260
applicable, once a week for at least two weeks or as provided in 97261
section 7.16 of the Revised Code, immediately preceding the 97262
hearings. The notice shall include the time, date, and place of 97263
each hearing. Copies of any proposed regulations or amendments 97264
shall be made available to the public at the board's office and, 97265
if the county engineer administers or is proposed to administer a 97266
point of access permit, in the engineer's office.97267

       (B) In addition to the notice required by division (A) of 97268
this section, not less than thirty days before holding a public 97269
hearing, a board of county commissioners shall send a copy of the 97270
county engineer's proposed regulations, a copy of the advisory 97271
committee's recommendations, and a request for written comments to 97272
the board of township trustees of each township in the county, the 97273
department of transportation district deputy director for the 97274
district in which the county is located, a representative of the 97275
metropolitan planning organization, where applicable, and at least 97276
the local professional associations representing the following 97277
professions:97278

       (1) Homebuilders;97279

       (2) Realtors;97280

       (3) Professional surveyors;97281

       (4) Attorneys;97282

       (5) Professional engineers.97283

       (C) In addition to the notice required by division (A) of 97284
this section, a board of township trustees shall send a copy of 97285
the county engineer's proposed regulations, a copy of the advisory 97286
committee's recommendations, and a request for written comments, 97287
not less than thirty days before holding a public hearing, to the 97288
department of transportation district deputy director for the 97289
district in which the township is located, a representative of the 97290
metropolitan planning organization, where applicable, and at least 97291
the local professional associations representing the professions 97292
listed in division (B) of this section.97293

       Sec. 5553.05.  (A) In the resolution required by section 97294
5553.04 of the Revised Code, the board of county commissioners 97295
shall fix a date when it will view the proposed improvement, and 97296
also a date for a final hearing thereon.97297

       The board shall give notice of the time and place for both 97298
such view and hearing by publication once a week for two 97299
consecutive weeks in a newspaper published and havingof general 97300
circulation in the county where such improvement is located, but 97301
if there is no such newspaper published in said county, then in a 97302
newspaper having general circulation in said countyor as provided 97303
in section 7.16 of the Revised Code. Such notice, in addition to 97304
the date and place of such view and place and time of the final 97305
hearing, shall state briefly the character of such improvement.97306

       (B) If the board adopts a resolution to vacate a public road 97307
as provided in section 5553.04 of the Revised Code, or if a 97308
petition to vacate a public road is filed, the board shall, in 97309
addition to the notice of the time and place for hearing 97310
prescribed in division (A) of this section, send written notice of 97311
the hearing by first class mail at least twenty days before the 97312
date of the public hearing to owners of property abutting upon 97313
that portion of the road to be vacated, and to the director of 97314
natural resources. Such notice shall be mailed to the addresses of 97315
such owners appearing on the county auditor's current tax list or 97316
the treasurer's mailing list, and such other list or lists that 97317
may be specified by the board. The failure of the delivery of such 97318
notice does not invalidate any such vacating of the road 97319
authorized in the resolution.97320

       Sec. 5553.19.  The county engineer shall view and survey the 97321
road as provided in section 5553.18 of the Revised Code, and shall 97322
make a return of the survey and plat of the road to the board of 97323
county commissioners. Upon the filing of the report of the 97324
engineer, the board shall give notice of the filing of such report 97325
by publication as provided in section 7.16 of the Revised Code or97326
once each week for three consecutive weeks in a newspaper97327
published and havingof general circulation in the county in which 97328
such road is situated, but if there is no such newspaper published 97329
in said county, then in a newspaper having general circulation in 97330
said county. Such notice shall state the date and time of the 97331
hearing upon the report of the engineer. If exceptions or 97332
objections are made, the board shall hear them, and it may approve 97333
or reject said report. If the report of the engineer is approved, 97334
the board shall cause such report to be recorded together with the 97335
survey and plat of such road.97336

       Sec. 5553.23.  If a person through whose land a public road 97337
has been established, which is under the jurisdiction of the board 97338
of county commissioners, desires to turn or change or relocate 97339
such road or any part thereof through any part of histhe person's97340
land, hethe person may file a petition with the board of county 97341
commissioners setting forth briefly the particular change he 97342
desiresdesired. Upon the receipt of such petition, the board 97343
shall give notice by publication once not later than two weeks 97344
prior to the date for the hearing on such petition in somea97345
newspaper published and of general circulation in said county, but 97346
if there is no such newspaper published in said county, then in a 97347
newspaper having general circulation in said county, stating that 97348
such petition has been filed and setting forth the change desired 97349
in such road and the date and place for the hearing on said 97350
petition. If a public road was once established for public 97351
convenience through private lands, but has not been improved by 97352
public funds and for more than twenty-one years has not been used, 97353
the owner of such land may petition the board to vacate the road 97354
in accordance with proceedings under sections 5553.04 to 5553.11 97355
of the Revised Code.97356

       A person through whose land a trail right of way has been 97357
preserved under section 5553.044 of the Revised Code may file a 97358
petition to turn or change the route of the trail right of way in 97359
the manner provided in this section, and such petition shall be 97360
acted upon in the manner set forth in sections 5553.23 to 5553.31 97361
of the Revised Code. Notice of the hearing in such case shall also 97362
be made by first class mail to the director of natural resources. 97363
If the board turns or changes the route of the trail right of way, 97364
it shall furnish the director with a full and accurate description 97365
or map of the change.97366

       Sec. 5553.42.  The board of county commissioners shall give 97367
notice to the owners of lands through which the proposed road will 97368
pass of the filing of the petition provided for in section 5553.41 97369
of the Revised Code and the date and place of the hearing thereon. 97370
Such notice shall be served on such owners personally, or by 97371
leaving a copy of such notice at the usual place of residence of 97372
such owners at least five days before the date of the hearing on 97373
said petition. Proof of service of such notice shall be made by 97374
affidavit of the person serving such notice. If any of such owners 97375
are nonresidents of the county, the board shall give notice to 97376
such nonresidents by publication once each week for two 97377
consecutive weeks in a newspaper published and havingof general 97378
circulation withinin the county, but if there is no such 97379
newspaper published in said county, then in a newspaper having 97380
general circulation in said countyor as provided in section 7.16 97381
of the Revised Code. A copy of the newspaper containing such 97382
notice shall be mailed by the county auditor to each nonresident 97383
whose post-office address is known to such auditor. Such notice 97384
shall state the time and place of the hearing on claims for 97385
compensation and damages.97386

       Sec. 5555.07.  The county engineer shall prepare and file 97387
with the board of county commissioners, by the time fixed therefor 97388
by the board, copies of the surveys, plans, profiles, cross 97389
sections, estimates of costs, and specifications for the 97390
improvement and estimated assessments upon lands benefited 97391
thereby. Thereupon such board shall file such copies in its office 97392
for the inspection and examination of all persons interested. 97393
Except in a case involving the improvement of a public road in 97394
which no land or property is taken or assessed, the board shall 97395
publish in a newspaper published and of general circulation in the 97396
county, or if no newspaper is published in the county then in a 97397
newspaper having general circulation in the county, for the period 97398
of two weeks or as provided in section 7.16 of the Revised Code, 97399
notice that a resolution has been adopted providing for said 97400
improvement, and that copies of the surveys, plans, profiles, 97401
cross sections, estimates, and specifications, together with 97402
estimated assessments upon the lands benefited by such improvement 97403
for the proportion of the cost thereof to be assessed therefor, 97404
are on file in the office of the board for the inspection of 97405
persons interested therein. Such notice shall state the time and 97406
place for hearing objections to said improvement and to such 97407
estimated assessments. In a case involving the improvement of a 97408
public road in which no land or property is taken or assessed, the 97409
board shall publish the notice required by this section once a 97410
week for two consecutive weeks or as provided in section 7.16 of 97411
the Revised Code.97412

       At such hearing the board may order said surveys, plans, 97413
profiles, cross sections, estimates, and specifications to be 97414
changed or modified and shall make such adjustments of the 97415
estimated assessments as seem just to it. Thereupon the board may 97416
approve such surveys, plans, profiles, cross sections, 97417
specifications, and estimates and approve and confirm estimated 97418
assessments as made by the engineer or as modified and changed by 97419
the board. Such assessments when so approved and confirmed shall 97420
be certified to the county auditor of the county and shall 97421
thereupon become a lien upon the land charged therewith. The board 97422
may declare against said improvement.97423

       Sec. 5555.27.  As soon as the county engineer has transmitted 97424
to the several boards of county commissioners copies of histhe 97425
engineer's surveys, plans, profiles, cross sections, estimates, 97426
and specifications for the improvement, the joint board of county 97427
commissioners shall, except in cases of reconstruction or repair 97428
of roads where no lands or property are taken, fix a time and 97429
place for hearing objections to said improvement. The joint board 97430
shall thereupon, except in cases of reconstruction or repair of 97431
roads where no lands or property are taken, publish in a newspaper 97432
published and of general circulation within each interested 97433
county, or if there is no such newspaper published in such county 97434
then in a newspaper having general circulation in such county,97435
once a week for two consecutive weeks or as provided in section 97436
7.16 of the Revised Code, a notice that such improvement is to be 97437
made and that copies of the surveys, plans, profiles, cross 97438
sections, estimates, and specifications therefor are on file in 97439
the office of the board of each interested county for the 97440
inspection and examination of all persons interested therein. Such 97441
notice shall also state the time and place for hearing objections 97442
to said improvement. Proceedings for the appropriation of land 97443
needed for such improvement shall be maintained in accordance with 97444
sections 163.01 to 163.22, inclusive, of the Revised Code.97445

       Sec. 5555.42.  A board of county commissioners desiring to 97446
construct a county road improvement, and finding that no equitable 97447
method of apportioning the compensation, damages, and expenses 97448
thereof is provided by section 5555.41 of the Revised Code, or 97449
finding that an equitable assessment cannot be made by the use of 97450
any of the several assessment areas authorized by said section, 97451
may order the county engineer to make a tentative plan for such 97452
improvement and an approximate estimate of the cost. Such board 97453
may thereupon file an application in the court of common pleas 97454
describing the improvement in question, and a copy of the 97455
tentative plan and approximate estimate of cost shall be attached 97456
to such application. The board shall set forth in such application 97457
that the compensation, damages, and expenses of the improvement 97458
cannot be equitably apportioned under any of the several plans 97459
provided by said section or that such compensation, damages, and 97460
expenses cannot be equitably assessed by the use of any one of the 97461
several assessment areas authorized by said section, or that both 97462
such conditions exist, and it shall set forth a method of 97463
apportioning the compensation, damages, and expenses and a 97464
definite description of the area against which it desires to 97465
assess any part of such compensation, damages, and expenses. The 97466
application shall contain a prayer requesting authority from such 97467
court to construct the improvement and apportion the compensation, 97468
damages, and expenses according to the plan suggested by such 97469
board and to assess the designated portion of the cost against the 97470
real estate within the area described in the petition.97471

       Notice of the filing and pendency of such application shall 97472
be given once a week for four consecutive weeks by publication in97473
two newspapers published and of general circulation in the county, 97474
or if there are no such newspapers then in two newspapersa 97475
newspaper of general circulation in such county or as provided in 97476
section 7.16 of the Revised Code. Such notice shall describe the 97477
route and termini of the improvement and set forth the estimated 97478
cost and the proposed method of apportionment and assessment area. 97479
After such notice has been given, the court or a judge thereof 97480
shall fix a time for a hearing on such application, and, at the 97481
time fixed, the court or a judge thereof shall hear such 97482
application and all evidence offered by the board or any taxpayer 97483
of the county for or against the proposed plan of apportionment 97484
and for or against the use of the suggested assessment area. If 97485
the court finds that the suggested plan of apportionment and the 97486
area against which special assessments are to be made are fair and 97487
just, that the cost of the improvement will not be excessive in 97488
view of the benefits conferred, and that all the real estate 97489
within the suggested assessment area will be benefited by the 97490
construction of the improvement upon the plan suggested and by the 97491
use of the method of apportionment set forth in said application, 97492
such court may authorize the board to proceed upon the suggested 97493
plan and to apportion the compensation, damages, and expenses in 97494
the manner set forth in the application and to assess against the 97495
real estate within the assessment area designated in the 97496
application, according to the benefits, that portion of the cost 97497
to be specially assessed; otherwise the court shall dismiss the 97498
application and the board may not proceed with the improvement. 97499
The court may modify the suggested plan of apportionment or the 97500
suggested assessment area and grant the prayer of the application 97501
subject to such modifications as it determines are just and 97502
proper. The board in its application may set up any division of 97503
cost which it thinks proper among the county, the owners of lands 97504
to be specially assessed, and any municipal corporation within 97505
which such projected improvement is situated in whole or in part, 97506
but no portion of the cost may be apportioned to a municipal 97507
corporation without the consent of such municipal corporation 97508
evidenced by an ordinance or resolution of its legislative 97509
authority.97510

       When the prayer of any such application is granted by the 97511
court or a judge thereof and the plan of apportionment and area of 97512
assessment is approved by such court, either as set forth in the 97513
application or as modified by the court, the board may proceed 97514
with the construction of the improvement and use the method of 97515
apportionment and the assessment area authorized by the court. In 97516
such event, the board may levy taxes and issue bonds in the manner 97517
provided by law with respect to improvements, the compensation, 97518
damages, and expenses of which are apportioned and paid as 97519
provided in section 5555.41 of the Revised Code, and all 97520
proceedings in connection with such improvement shall be conducted 97521
in accordance with sections 5555.01 to 5555.83 of the Revised 97522
Code, except as provided in this section. The special assessments 97523
shall be made by the board against the real estate within the 97524
assessment area authorized by the court, but no assessment against 97525
any lot or parcel of real estate shall exceed the actual benefits 97526
conferred thereon by the construction of the improvement. This 97527
section also applies to improvements of sections of a state 97528
highway within counties having a tax duplicate of real and 97529
personal property in excess of three hundred million dollars, and 97530
with respect to which the board desires to co-operate with the 97531
department of transportation.97532

       Sec. 5559.06.  Upon the completion of the surveys, plans, 97533
profiles, cross sections, estimates, and specifications for an 97534
improvement under section 5559.02 of the Revised Code by the 97535
county engineer, hethe engineer shall transmit to the board of 97536
county commissioners copies of such surveys, plans, profiles, 97537
cross sections, estimates, and specifications. The board shall 97538
then publish, in a newspaper published and of general circulation 97539
within the county, and if there is no such newspaper published in 97540
the county then in one having general circulation in such county,97541
once a week for two consecutive weeks or as provided in section 97542
7.16 of the Revised Code, a notice that such improvement is to be 97543
made and that copies of the surveys, plans, profiles, cross 97544
sections, estimates, and specifications for it are on file in the 97545
office of the board for the inspection and examination of all 97546
persons interested. Such notice shall also state the time and 97547
place for hearing objections to the improvement.97548

       In the event that land or property is to be taken for such 97549
improvement, such taking shall be in accordance with sections 97550
163.01 to 163.22, inclusive, of the Revised Code.97551

       Sec. 5559.10.  As soon as all questions of compensation and 97552
damages have been determined in a road improvement case, the 97553
county engineer shall make, upon actual view, an estimated 97554
assessment upon the real estate to be charged therewith, of the 97555
compensation, damages, and costs of an improvement as provided by 97556
section 5559.02 of the Revised Code. Such estimated assessment 97557
shall be according to the benefit which will result to the real 97558
estate. In making such assessment the engineer may take into 97559
consideration any previous special assessments made upon the real 97560
estate for road improvements. The schedule of such assessments 97561
shall be filed in the office of the board of county commissioners 97562
for the inspection of the persons interested. Before adopting the 97563
assessment, the board shall publish, once each week for two 97564
consecutive weeks, in somea newspaper published and of general 97565
circulation in the county or as provided in section 7.16 of the 97566
Revised Code, but if there is no such newspaper then in one having 97567
general circulation in the county, notice that such assessment has 97568
been made, is on file in the office of the board, and the date 97569
when objections will be heard to such assessment. If any owner of 97570
property affected thereby desires, hethe owner may file his97571
objections to said assessments, in writing, with the board before 97572
the time for hearing. If any objections are filed the board shall 97573
hear them and act as an equalizing board. It may change such 97574
assessments if, in its opinion, any change is necessary to make 97575
them just and equitable, and the board shall approve and confirm 97576
such assessments as reported by the engineer or modified by it. 97577
Such assessments, when so approved and confirmed, shall be a lien 97578
on the land chargeable therewith.97579

       Sec. 5559.12.  After the board of county commissioners has 97580
decided to proceed with an improvement as provided by section 97581
5559.02 of the Revised Code, it shall advertise for bids once, not 97582
later than two weeks prior to the date fixed for the letting of 97583
the contract, in a newspaper published and of general circulation 97584
in the county, but if there is no such newspaper then in one 97585
having general circulation in such county. Such notice shall state 97586
that copies of the surveys, plans, profiles, cross sections, 97587
estimates, and specifications for such improvement are on file in 97588
the office of the board, and the time within which bids will be 97589
received. The board shall award the contract to the lowest 97590
responsible bidder.97591

       The contract shall be let upon the basis of lump sum bids, 97592
unless the board orders that it be let upon the basis of unit 97593
price bids, in which event it shall be let upon such basis. The 97594
bids received shall be opened at the time stated in the notice. 97595
The board may reject all bids.97596

       Sec. 5561.04.  The board of county commissioners, desiring to 97597
proceed under sections 4957.06 and 5561.01 to 5561.15 of the 97598
Revised Code, shall, after receipt of the certificate of necessity 97599
and expediency from the director of transportation, as provided in 97600
section 5561.03 of the Revised Code, hold a public hearing as to 97601
the expediency of constructing such improvement, notice of which 97602
shall be given by publication in two newspapers published anda 97603
newspaper of general circulation in the county, if such there be, 97604
otherwise in two newspapers of general circulation in such county,97605
for two weeks prior to the date set for such hearing or as 97606
provided in section 7.16 of the Revised Code, and shall be served 97607
upon the railroad or interurban railway companies in the manner 97608
for the service of summons in civil actions, not less than twenty 97609
days prior to the date of such hearing.97610

       The board, after such hearing and for the purpose of making 97611
or causing such an improvement to be made, may, by resolution 97612
adopted by unanimous vote, require the railroad company, in 97613
co-operation with the county engineer or any engineer designated 97614
by the board, to prepare and submit to the board within six 97615
months, unless longer time is mutually agreed upon in writing, 97616
plans and specifications for such improvements, specifying the 97617
number, character, and location of all piers and supports which 97618
are to be permanently placed in any road or highway, specifying 97619
the grades to be established for the roads and the height, 97620
character, and estimated cost of any viaduct or way above or below 97621
any railroad track, and the change of grade required to be made of 97622
such tracks including side tracks and switches. But in changing 97623
the grade of any railroad, no grade shall be required in excess of 97624
that adopted by the railroad company for its construction work on 97625
that division or part of the railroad on which the improvement is 97626
to be made, without the consent of the railroad company, nor shall 97627
the railroad company's tracks be required to be placed below 97628
high-water mark.97629

       Such resolution shall be published in the same manner as 97630
resolutions of the legislative authority of a municipal 97631
corporation declaring the necessity of a contemplated public 97632
improvement, and shall be served by the sheriff upon the railroad 97633
or interurban railway companies in the manner provided for the 97634
service of summons in civil actions. If the proposed public 97635
improvement is to be made within a municipal corporation, notice 97636
of the passage of the same shall be served upon the municipal 97637
corporation by delivering to the clerk of the village or 97638
legislative authority of a city a true copy thereof.97639

       If, at the expiration of six months from the passage of such 97640
resolution, the railroad company has refused or failed to 97641
co-operate in the preparation of such plans and specifications, or 97642
if the county engineer or engineer designated by the board and the 97643
railroad company fail to agree upon the plans and specification of 97644
such improvement, then either the railroad company or the county 97645
may submit the matter of determining the method by which the 97646
improvement shall be made to the court of common pleas of such 97647
county. Either the county or company, after the expiration of six 97648
months from the passage of the resolution, may apply to such court 97649
by petition, accompanied by the necessary plans prepared by the 97650
county or railroad company, covering the grade crossing proposed 97651
to be abolished. Such plans must show the grades to be established 97652
for such roads or highways, the changes to be made in the location 97653
of roads or highways, the height, character, and estimated cost of 97654
any viaduct or way above or below the railroad tracks, the number, 97655
character, and location of piers, abutments, or supports to be 97656
permanently located in the roads or highways, and the change of 97657
grade to be made in any railroad tracks, including sidetracks and 97658
switches.97659

       Sec. 5561.08.  Notice of the passage of a resolution for a 97660
grade crossing improvement shall be served by the sheriff of the 97661
county, upon the owner of each piece of property which will be 97662
affected by any change of grade, in the manner provided for the 97663
service of summons in civil actions. If any of such owners are 97664
nonresidents of the county, or if it appears from the return that 97665
they cannot be found, the notice shall be published for at least 97666
two weeks in an English languagea newspaper publishedof general 97667
circulation in suchthe county or as provided in section 7.16 of 97668
the Revised Code. Notice shall be completed at least twenty days 97669
before any work is done on such improvement, and the sheriff's 97670
return shall be prima-facie evidence of the facts recited therein.97671

       Section 727.18 of the Revised Code shall apply to the notice 97672
provided for in this section, and to all claims for damages by 97673
reason of such improvement. Such claims shall be filed with the 97674
county auditor within the time, and rights thereunder shall pass 97675
to vendees, as provided in such section. After the expiration of 97676
the time provided for the filing of claims, the board of county 97677
commissioners, when claims have been filed within the time 97678
limited, shall determine, by resolution, whether such claims are 97679
to be judicially inquired into before commencing or after the 97680
completion of the proposed improvement. Thereupon, the county 97681
prosecutor shall make application for a jury, to the court of 97682
common pleas, or probate court of the county, before commencing or 97683
after the completion of the improvement, as the board determines, 97684
and all proceedings upon such application shall be governed by the 97685
laws relating to similar applications provided for in cases of 97686
city improvements.97687

       Sec. 5571.011.  If a person through whose land a public road 97688
has been established which is under the jurisdiction of a board of 97689
township trustees, desires to turn or change or relocate such road 97690
or any part thereof through any part of histhe person's land, he97691
the person may file a petition with such board of township 97692
trustees setting forth briefly the particular change he desires97693
desired. Upon receipt of such petition, the board of township 97694
trustees shall give notice by publication once, not later than two 97695
weeks prior to the date which such board shall fix for a hearing 97696
on such petition, in a newspaper published or of general 97697
circulation in said township, stating that such petition has been 97698
filed and setting forth the change desired in such road and the 97699
date and place of such hearing.97700

       Upon receipt of such a petition the board of township 97701
trustees shall cause a competent engineer to make a survey of the 97702
ground over which the road is proposed to be changed, and to make 97703
a report in writing, together with a plat and survey of the 97704
proposed change and histhe engineer's opinion as to its advantage 97705
or disadvantage. The report of such engineer shall be filed with 97706
the board prior to the hearing of such petition.97707

       At the hearing had on the petition the board of township 97708
trustees may hear evidence for or against changing the road, and 97709
if the board is satisfied that the proposed change will not cause 97710
serious injury or disadvantage to the public, it may make a 97711
finding of such fact in its journal and authorize the petitioner 97712
to change such road in conformity with the prayer of the petition. 97713
The board may grant the change as prayed for in the petition, or 97714
it may order such change of the route of such road as will, in its 97715
judgment, be for the best interest of the public.97716

       Upon receiving satisfactory evidence that the road has been 97717
changed as authorized by it, and opened to the legal width and 97718
improved as required by it, the board of township trustees shall 97719
declare such new road a public highway and cause a record thereof 97720
to be made and at the same time vacate so much of the old road as 97721
is rendered unnecessary by the new road. The person petitioning 97722
for such change shall in all cases pay all costs and expenses in 97723
connection with the proceeding, as found and determined by the 97724
board, and the expense of making such change, including the cost 97725
of relocation of any conduits, cables, wires, towers, poles or 97726
other equipment or appliances of any public utility, located on, 97727
over or under such road. The petitioner shall, on the filing of 97728
the petition for such change, give bond to the satisfaction of the 97729
board in such amount as it determines to secure payment of the 97730
costs of the proceeding and to cover the expense of making the 97731
change asked for by the petition.97732

       Sec. 5573.02.  Upon the completion of the surveys, plans, 97733
profiles, cross sections, estimates, and specifications for a road 97734
improvement by the county engineer, hethe engineer shall transmit 97735
to the board of township trustees copies of the same. Except in 97736
cases of reconstruction or repair of roads, where no land or 97737
property is taken, the board shall then cause to be published in a 97738
newspaper, published in the county and of general circulation 97739
within the township, but if no such paper is published in the 97740
county then in one having general circulation in such township,97741
once a week for two consecutive weeks or as provided in section 97742
7.16 of the Revised Code, a notice that such improvement is to be 97743
made and that copies of the surveys, plans, profiles, cross 97744
sections, estimates, and specifications for it are on file with 97745
the board for the inspection and examination of all persons 97746
interested.97747

       In the event that land or property is to be taken for such 97748
improvement, proceedings shall be had in accordance with sections 97749
163.01 to 163.22, inclusive, of the Revised Code. 97750

       Sec. 5573.10. As soon as all questions of compensation and 97751
damages have been determined for any road improvement, the county 97752
engineer shall make, upon actual view, an estimated assessment, 97753
upon the real estate to be charged, of such part of the 97754
compensation, damages, and costs of such improvement as is to be 97755
specially assessed. Such assessment shall be according to the 97756
benefits which will result to the real estate. In making such 97757
assessment the engineer may take into consideration any previous 97758
special assessment made upon such real estate for road 97759
improvements.97760

       The schedule for such assessments shall be filed with the 97761
board of township trustees for the inspection of the persons 97762
interested. Before adopting the estimated assessment, the board 97763
shall publish once each week for two consecutive weeks, in somea97764
newspaper published in the county and of general circulation 97765
within such township, but if there is no such paper published in 97766
said county then in one having general circulation in such 97767
townshipor as provided in section 7.16 of the Revised Code, 97768
notice that such assessment has been made and is on file with the 97769
board, and the date when objections will be heard to such 97770
assessment.97771

       If any owner of property affected desires to make objections, 97772
hethe owner may file his objections to such assessments, in 97773
writing, with the board, before the time of such hearing. If any 97774
objections are filed the board shall hear them and act as an 97775
equalizing board, and may change assessments if, in its opinion, 97776
any changes are necessary to make them just and equitable. The 97777
board shall approve and confirm assessments as reported by the 97778
engineer or modified by the board. Such assessments, when approved 97779
and confirmed, shall be a lien on the land chargeable therewith.97780

       Sec. 5575.01.  (A) In the maintenance and repair of roads, 97781
the board of township trustees may proceed either by contract or 97782
force account, but, unless the exemption specified in division (C) 97783
of this section applies, if the board wishes to proceed by force 97784
account, it first shall cause the county engineer to complete the 97785
force account assessment form developed by the auditor of state 97786
under section 117.16 of the Revised Code. Except as otherwise 97787
provided in sections 505.08 and 505.101 of the Revised Code, when 97788
the board proceeds by contract, the contract shall, if the amount 97789
involved exceeds forty-five thousand dollars, be let by the board 97790
to the lowest responsible bidder after advertisement for bids 97791
once, not later than two weeks, prior to the date fixed for the 97792
letting of the contract, in a newspaper published in the county 97793
and of general circulation within the township or, if no newspaper 97794
is published in the county, in a newspaper having general 97795
circulation in the township. If the amount involved is forty-five 97796
thousand dollars or less, a contract may be let without 97797
competitive bidding, or the work may be done by force account. 97798
Such a contract shall be performed under the supervision of a 97799
member of the board or the township road superintendent.97800

       (B) Before undertaking the construction or reconstruction of 97801
a township road, the board shall cause to be made by the county 97802
engineer an estimate of the cost of the work, which estimate shall 97803
include labor, material, freight, fuel, hauling, use of machinery 97804
and equipment, and all other items of cost. If the board finds it 97805
in the best interest of the public, it may, in lieu of 97806
constructing the road by contract, proceed to construct the road 97807
by force account. Except as otherwise provided under sections 97808
505.08 and 505.101 of the Revised Code, where the total estimate97809
estimated cost of the work exceeds fifteen thousand dollars per 97810
mile, the board shall invite and receive competitive bids for 97811
furnishing all the labor, materials, and equipment and doing the 97812
work, as provided in section 5575.02 of the Revised Code, and 97813
shall consider and reject them before ordering the work done by 97814
force account. When such bids are received, considered, and 97815
rejected, and the work is done by force account, the work shall be 97816
performed in compliance with the plans and specifications upon 97817
which the bids were based.97818

       (C) Force account assessment forms are not required under 97819
division (A) of this section for road maintenance or repair 97820
projects of less than fifteen thousand dollars, or under division 97821
(B) of this section for road construction or reconstruction 97822
projects of less than five thousand dollars per mile.97823

       (D) All force account work under this section shall be done 97824
under the direction of a member of the board or the township road 97825
superintendent.97826

       Sec. 5575.02.  After the board of township trustees has 97827
decided to proceed with a road improvement, it shall advertise for 97828
bids once, not later than two weeks prior to the date fixed for 97829
the letting of contracts, in a newspaper published in the county 97830
and of general circulation within suchthe township, but if there 97831
is no such paper published in the county then in one having 97832
general circulation in the township. Such notice shall state that 97833
copies of the surveys, plans, profiles, cross sections, estimates, 97834
and specifications for such improvement are on file with the 97835
board, and the time within which bids will be received. The board 97836
may let the work as a whole or in convenient sections, as it 97837
determines. The contract shall be awarded to the lowest and best 97838
bidder who meets the requirements of section 153.54 of the Revised 97839
Code, and shall be let upon the basis of lump sum bids, unless the 97840
board orders that it be let upon the basis of unit price bids, in 97841
which event it shall be let upon such basis.97842

       Sec. 5591.15.  All resolutions and notices provided for in 97843
sections 5591.03 to 5591.17 of the Revised Code, shall be 97844
published in a newspaper published in and of general circulation 97845
in the county where the improvement provided in such sections is 97846
to be made, and such publication shall be complete when published 97847
once a week, on the same day of the week, for two consecutive 97848
weeks or as provided in section 7.16 of the Revised Code.97849

       Sec. 5593.08.  The bridge commission of any county or city 97850
may:97851

       (A) Adopt bylaws for the regulation of its affairs and the 97852
conduct of its business;97853

       (B) Adopt an official seal, which shall not be the seal of 97854
Ohio;97855

       (C) Maintain a principal office and suboffices at such places 97856
within the county or city as it designates;97857

       (D) Sue and be sued in its own name, and plead and be 97858
impleaded. Any actions against a bridge commission shall be 97859
brought in the court of common pleas of the county in which the 97860
principal office of the commission is located, or in the court of 97861
common pleas of the county in which the cause of action arose, 97862
when such county is located within this state. All summonses, 97863
exceptions, and notices of every kind shall be served on the 97864
commission by leaving a copy thereof at the principal office with 97865
the secretary-treasurer or the person in charge.97866

       (E) Construct, acquire by purchase or condemnation, improve, 97867
maintain, repair, police, and operate any bridge, and establish 97868
rules for the use of any such bridge;97869

       (F) Issue bridge revenue bonds of the county or city, payable 97870
solely from revenues, as provided in sections 5593.10 and 5593.16 97871
of the Revised Code, for the purpose of paying any part of the 97872
cost of any bridge or bridges;97873

       (G) Fix and revise from time to time and charge and collect 97874
tolls for transit over each bridge constructed or acquired by it;97875

       (H) Acquire, hold, and dispose of real and personal property 97876
in the exercise of its powers and the performance of its duties 97877
under this chapter;97878

       (I) Acquire, in the name of the county or city, as the case 97879
may be, by purchase or otherwise, on such terms and in such manner 97880
as it determines proper, or by the exercise of the right of 97881
condemnation in the manner provided by sections 163.01 to 163.22 97882
of the Revised Code, any bridge, land, rights, easements, 97883
franchises, and other property necessary or convenient for the 97884
construction of a bridge or the improvement or efficient operation 97885
of any property acquired or constructed under this chapter, or for 97886
securing right-of-way leading to any such bridge or its approach 97887
facilities;97888

       (J) Make and enter into all contracts and agreements 97889
necessary or incidental to the performance of its duties and the 97890
execution of its powers under this chapter:97891

       (1) When the cost under any such contract or agreement, other 97892
than compensation for personal services, involves an expenditure 97893
of more than ten thousand dollars, the commission shall make a 97894
written contract with the lowest and best bidder after 97895
advertisement for not less than two consecutive weeks, or as 97896
provided in section 7.16 of the Revised Code, in a newspaper of 97897
general circulation in Franklin county, and in such other 97898
publications as the commission determines, which notice shall 97899
state the general character of the work and the general character 97900
of the materials to be furnished, the place where plans and 97901
specifications therefor may be examined, and the time and place of 97902
receiving bids.97903

       (2) Each bid for a contract for the construction, demolition, 97904
alteration, repair, or reconstruction of an improvement shall 97905
contain the full name of every person interested in it and meets 97906
the requirements of section 153.54 of the Revised Code.97907

       (3) Each bid for a contract except as provided in division 97908
(J)(2) of this section shall contain the full name of every person 97909
or company interested in it and shall be accompanied by a bond or 97910
certified check on a solvent bank, in such amount as the 97911
commission determines sufficient, that if the bid is accepted a 97912
contract will be entered into and the performance of its proposal 97913
secured.97914

       (4) The commission may reject any and all bids.97915

       (5) A bond with good and sufficient surety, approved by the 97916
commission, shall be required of every contractor awarded a 97917
contract except as provided in division (J)(2) of this section, in 97918
an amount equal to at least fifty per cent of the contract price, 97919
conditioned upon the faithful performance of the contract.97920

       (K) Employ consulting engineers, superintendents, managers, 97921
engineers, construction and accounting experts, attorneys, and 97922
other employees and agents as are necessary in its judgment, and 97923
fix their compensation. All such expenses are payable solely from 97924
the proceeds of bridge revenue bonds issued under this chapter, or 97925
from revenues.97926

       (L) Receive and accept from any federal agency, subject to 97927
the approval of the board of county commissioners or the 97928
legislative authority of the city, as the case may be, grants for 97929
or in aid of the construction, acquisition, improvement, or 97930
operation of any bridge, and receive and accept aid or 97931
contributions from any source of money, property, labor, or other 97932
things of value, to be held, used, and applied only for the 97933
purposes for which such grants and contributions are made;97934

       (M) Provide coverage for its employees under sections 4123.01 97935
to 4123.94 and 4141.01 to 4141.46 of the Revised Code;97936

       (N) Do all acts necessary or proper to carry out the powers 97937
expressly granted in this chapter.97938

       Sec. 5701.13.  (A) As used in this section:97939

       (1) "Nursing home" means a nursing home or a home for the 97940
aging, as those terms are defined in section 3721.01 of the 97941
Revised Code, that is issued a license pursuant to section 3721.02 97942
of the Revised Code.97943

       (2) "Residential care facility" means a residential care 97944
facility, as defined in section 3721.01 of the Revised Code, that 97945
is issued a license pursuant to section 3721.02 of the Revised 97946
Code.97947

       (3) "Adult care facility" means an adult care facility as 97948
defined in section 3722.015119.70 of the Revised Code that is 97949
issued a license pursuant to section 3722.045119.73 of the 97950
Revised Code.97951

       (B) As used in Title LVII of the Revised Code, and for the 97952
purpose of other sections of the Revised Code that refer 97953
specifically to Chapter 5701. or section 5701.13 of the Revised 97954
Code, a "home for the aged" means either of the following:97955

       (1) A place of residence for aged and infirm persons that 97956
satisfies divisions (B)(1)(a) to (e) of this section:97957

       (a) It is a nursing home, residential care facility, or adult 97958
care facility.97959

       (b) It is owned by a corporation, unincorporated association, 97960
or trust of a charitable, religious, or fraternal nature, which is 97961
organized and operated not for profit, which is not formed for the 97962
pecuniary gain or profit of, and whose net earnings or any part of 97963
whose net earnings is not distributable to, its members, trustees, 97964
officers, or other private persons, and which is exempt from 97965
federal income taxation under section 501 of the "Internal Revenue 97966
Code of 1986," 100 Stat. 2085, 26 U.S.C. 1.97967

       (c) It is open to the public without regard to race, color, 97968
or national origin.97969

       (d) It does not pay, directly or indirectly, compensation for 97970
services rendered, interest on debts incurred, or purchase price 97971
for land, building, equipment, supplies, or other goods or 97972
chattels, which compensation, interest, or purchase price is 97973
unreasonably high.97974

       (e) It provides services for the life of each resident 97975
without regard to the resident's ability to continue payment for 97976
the full cost of the services.97977

       (2) A place of residence that satisfies divisions (B)(1)(b), 97978
(d), and (e) of this section; that satisfies the definition of 97979
"nursing home," or "residential care facility," or "adult care 97980
facility" under section 3721.01 of the Revised Code or 3722.01the 97981
definition of "adult care facility" under section 5119.70 of the 97982
Revised Code regardless of whether it is licensed as such a home 97983
or facility; and that is provided at no charge to individuals on 97984
account of their service without compensation to a charitable, 97985
religious, fraternal, or educational institution, which 97986
individuals are aged or infirm and are members of the corporation, 97987
association, or trust that owns the place of residence. For the 97988
purposes of division (B)(2) of this section, "compensation" does 97989
not include furnishing room and board, clothing, health care, or 97990
other necessities, or stipends or other de minimis payments to 97991
defray the cost thereof.97992

       Exemption from taxation shall be accorded, on proper 97993
application, only to those homes or parts of homes which meet the 97994
standards and provide the services specified in this section.97995

       Nothing in this section shall be construed as preventing a 97996
home from requiring a resident with financial need to apply for 97997
any applicable financial assistance or requiring a home to retain 97998
a resident who willfully refuses to pay for services for which the 97999
resident has contracted even though the resident has sufficient 98000
resources to do so.98001

       (C)(1) If a corporation, unincorporated association, or trust 98002
described in division (B)(1)(b) of this section is granted a 98003
certificate of need pursuant to section 3702.52 of the Revised 98004
Code to construct, add to, or otherwise modify a nursing home, or 98005
is given approval pursuant to section 3791.04 of the Revised Code 98006
to construct, add to, or otherwise modify a residential care 98007
facility or adult care facility and if the corporation, 98008
association, or trust submits an affidavit to the tax commissioner 98009
stating that, commencing on the date of licensure and continuing 98010
thereafter, the home or facility will be operated in accordance 98011
with the requirements of divisions (B)(1)(a) to (e) of this 98012
section, the corporation, association, or trust shall be 98013
considered to be operating a "home for the aged" within the 98014
meaning of division (B)(1) of this section, beginning on the first 98015
day of January of the year in which such certificate is granted or 98016
approval is given.98017

       (2) If a corporation, association, or trust is considered to 98018
be operating a "home for the aged" pursuant to division (C)(1) of 98019
this section, the corporation, association, or trust shall notify 98020
the tax commissioner in writing upon the occurrence of any of the 98021
following events:98022

       (a) The corporation, association, or trust no longer intends 98023
to complete the construction of, addition to, or modification of 98024
the home or facility, to obtain the appropriate license for the 98025
home or facility, or to commence operation of the home or facility 98026
in accordance with the requirements of divisions (B)(1)(a) to (e) 98027
of this section;98028

       (b) The certificate of approval referred to in division 98029
(C)(1) of this section expires, is revoked, or is otherwise 98030
terminated prior to the completion of the construction of, 98031
addition to, or modification of the home or facility;98032

       (c) The license to operate the home or facility is not 98033
granted by the director of health within one year following 98034
completion of the construction of, addition to, or modification of 98035
the home or facility;98036

       (d) The license to operate the home or facility is not 98037
granted by the director of health within four years following the 98038
date upon which the certificate or approval referred to in 98039
division (C)(1) of this section was granted or given;98040

       (e) The home or facility is granted a license to operate as a 98041
nursing home, residential care facility, or adult care facility.98042

       (3) Upon the occurrence of any of the events referred to in 98043
divisions (C)(2)(a), (b), (c), (d), and (e) of this section, the 98044
corporation, association, or trust shall no longer be considered 98045
to be operating a "home for the aged" pursuant to division (C)(1) 98046
of this section, except that the tax commissioner, for good cause 98047
shown and to the extent the commissioner considers appropriate, 98048
may extend the time period specified in division (C)(2)(c) or (d) 98049
of this section, or both. Nothing in division (C)(3) of this 98050
section shall be construed to prevent a nursing home, residential 98051
care facility, or adult care facility from qualifying as a "home 98052
for the aged" if, upon proper application made pursuant to 98053
division (B) of this section, it is found to meet the requirements 98054
of divisions (A) and (B) of this section.98055

       Sec. 5703.05.  All powers, duties, and functions of the 98056
department of taxation are vested in and shall be performed by the 98057
tax commissioner, which powers, duties, and functions shall 98058
include, but shall not be limited to, the following:98059

       (A) Prescribing all blank forms which the department is 98060
authorized to prescribe, and to provide such forms and distribute 98061
the same as required by law and the rules of the department. The 98062
tax commissioner shall include a mail-in registration form 98063
prescribed in section 3503.14 of the Revised Code within the 98064
return and instructions for the tax levied in odd-numbered years 98065
under section 5747.02 of the Revised Code, beginning with the tax 98066
levied for 1995. The secretary of state shall bear all costs for 98067
the inclusion of the mail-in registration form. That form shall be 98068
addressed for return to the office of the secretary of state.98069

       (B) Exercising the authority provided by law, including 98070
orders from bankruptcy courts, relative to remitting or refunding 98071
taxes or assessments, including penalties and interest thereon, 98072
illegally or erroneously assessed or collected, or for any other 98073
reason overpaid, and in addition, the commissioner may on written 98074
application of any person, firm, or corporation claiming to have 98075
overpaid to the treasurer of state at any time within five years 98076
prior to the making of such application any tax payable under any 98077
law which the department of taxation is required to administer 98078
which does not contain any provision for refund, or on the 98079
commissioner's own motion investigate the facts and make in 98080
triplicate a written statement of the commissioner's findings, 98081
and, if the commissioner finds that there has been an overpayment, 98082
issue in triplicate a certificate of abatement payable to the 98083
taxpayer, the taxpayer's assigns, or legal representative which 98084
shows the amount of the overpayment and the kind of tax overpaid. 98085
One copy of such statement shall be entered on the journal of the 98086
commissioner, one shall be certified to the attorney general, and 98087
one certified copy shall be delivered to the taxpayer. All copies 98088
of the certificate of abatement shall be transmitted to the 98089
attorney general, and if the attorney general finds it to be 98090
correct the attorney general shall so certify on each copy, and 98091
deliver one copy to the taxpayer, one copy to the commissioner, 98092
and the third copy to the treasurer of state. Except as provided 98093
in sections 5725.08 and 5725.16 of the Revised Code the taxpayer's 98094
copy of any certificates of abatement may be tendered by the payee 98095
or transferee thereof to the treasurer of state as payment, to the 98096
extent of the amount thereof, of any tax payable to the treasurer 98097
of state.98098

       (C) Exercising the authority provided by law relative to 98099
consenting to the compromise and settlement of tax claims;98100

       (D) Exercising the authority provided by law relative to the 98101
use of alternative tax bases by taxpayers in the making of 98102
personal property tax returns;98103

       (E) Exercising the authority provided by law relative to 98104
authorizing the prepayment of taxes on retail sales of tangible 98105
personal property or on the storage, use, or consumption of 98106
personal property, and waiving the collection of such taxes from 98107
the consumers;98108

       (F) Exercising the authority provided by law to revoke 98109
licenses;98110

       (G) Maintaining a continuous study of the practical operation 98111
of all taxation and revenue laws of the state, the manner in which 98112
and extent to which such laws provide revenues for the support of 98113
the state and its political subdivisions, the probable effect upon 98114
such revenue of possible changes in existing laws, and the 98115
possible enactment of measures providing for other forms of 98116
taxation. For this purpose the commissioner may establish and 98117
maintain a division of research and statistics, and may appoint 98118
necessary employees who shall be in the unclassified civil 98119
service; the results of such study shall be available to the 98120
members of the general assembly and the public.98121

       (H) Making all tax assessments, valuations, findings, 98122
determinations, computations, and orders the department of 98123
taxation is by law authorized and required to make and, pursuant 98124
to time limitations provided by law, on the commissioner's own 98125
motion, reviewing, redetermining, or correcting any tax 98126
assessments, valuations, findings, determinations, computations, 98127
or orders the commissioner has made, but the commissioner shall 98128
not review, redetermine, or correct any tax assessment, valuation, 98129
finding, determination, computation, or order which the 98130
commissioner has made as to which an appeal or application for 98131
rehearing, review, redetermination, or correction has been filed 98132
with the board of tax appeals, unless such appeal or application 98133
is withdrawn by the appellant or applicant or dismissed;98134

       (I) Appointing not more than five deputy tax commissioners, 98135
who, under such regulations as the rules of the department of 98136
taxation prescribe, may act for the commissioner in the 98137
performance of such duties as the commissioner prescribes in the 98138
administration of the laws which the commissioner is authorized 98139
and required to administer, and who shall serve in the 98140
unclassified civil service at the pleasure of the commissioner, 98141
but if a person who holds a position in the classified service is 98142
appointed, it shall not affect the civil service status of such 98143
person. The commissioner may designate not more than two of the 98144
deputy commissioners to act as commissioner in case of the 98145
absence, disability, or recusal of the commissioner or vacancy in 98146
the office of commissioner. The commissioner may adopt rules 98147
relating to the order of precedence of such designated deputy 98148
commissioners and to their assumption and administration of the 98149
office of commissioner.98150

       (J) Appointing and prescribing the duties of all other 98151
employees of the department of taxation necessary in the 98152
performance of the work of the department which the tax 98153
commissioner is by law authorized and required to perform, and 98154
creating such divisions or sections of employees as, in the 98155
commissioner's judgment, is proper;98156

       (K) Organizing the work of the department, which the 98157
commissioner is by law authorized and required to perform, so 98158
that, in the commissioner's judgment, an efficient and economical 98159
administration of the laws will result;98160

       (L) Maintaining a journal, which is open to public 98161
inspection, in which the tax commissioner shall keep a record of 98162
all final determinations of the commissioner;98163

       (M) Adopting and promulgating, in the manner provided by 98164
section 5703.14 of the Revised Code, all rules of the department, 98165
including rules for the administration of sections 3517.16, 98166
3517.17, and 5747.081 of the Revised Code;98167

       (N) Destroying any or all returns or assessment certificates 98168
in the manner authorized by law;98169

       (O) Adopting rules, in accordance with division (B) of 98170
section 325.31 of the Revised Code, governing the expenditure of 98171
moneys from the real estate assessment fund under that division.98172

       Sec. 5703.059. (A) The tax commissioner may adopt rules 98173
requiring returns, including any accompanying schedule or 98174
statement, for any of the following taxes to be filed 98175
electronically using the Ohio business gateway as defined in 98176
section 718.051 of the Revised Code, filed telephonically using 98177
the system known as the Ohio telefile system, or filed by any 98178
other electronic means prescribed by the commissioner:98179

       (1) Employer income tax withholding under Chapter 5747. of 98180
the Revised Code;98181

       (2) Motor fuel tax under Chapter 5735. of the Revised Code;98182

       (3) Cigarette and tobacco product tax under Chapter 5743. of 98183
the Revised Code;98184

       (4) Severance tax under Chapter 5749. of the Revised Code.98185

       (B) The tax commissioner may adopt rules requiring any 98186
payment of tax shown on such a return to be due to be made 98187
electronically in a manner approved by the commissioner.98188

       (C) A rule adopted under this section does not apply to 98189
returns or reports filed or payments made before six months after 98190
the effective date of the rule. The commissioner shall publicize 98191
any new electronic filing requirement on the department's web 98192
site. The commissioner shall educate the public of the requirement 98193
through seminars, workshops, conferences, or other outreach 98194
activities.98195

       (D) Any person required to file returns and make payments 98196
electronically under rules adopted under this section may apply to 98197
the commissioner, on a form prescribed by the commissioner, to be 98198
excused from that requirement. For good cause shown, the 98199
commissioner may excuse the applicant from the requirement and 98200
permit the applicant to file the returns or reports or make the 98201
payments required under this section by nonelectronic means.98202

       Sec. 5703.37.  (A)(1) Except as provided in division (B) of 98203
this section, whenever service of a notice or order is required in 98204
the manner provided in this section, a copy of the notice or order 98205
shall be served upon the person affected thereby either by 98206
personal service or, by certified mail, or by a delivery service 98207
authorized under section 5703.056 of the Revised Code that 98208
notifies the tax commissioner of the date of delivery.98209

       (2) With the permission of the person affected by the notice 98210
or order, the commissioner may enter into a written agreement to 98211
deliver a notice or order by alternative means as provided in this 98212
section, including, but not limited to, delivery by secure 98213
electronic mail. Delivery by such means satisfies the requirements 98214
for delivery under this section.98215

       (B)(1)(a) If certified mail is returned because of an 98216
undeliverable address, the commissioner shall first utilize 98217
reasonable means to ascertain a new last known address, including 98218
the use of a change of address service offered by the United 98219
States postal service. If, after using reasonable means, the 98220
commissioner is unable to ascertain a new last known address, the 98221
assessment is final for purposes of section 131.02 of the Revised 98222
Code sixty days after the notice or order sent by certified mail 98223
is first returned to the commissioner, and the commissioner shall 98224
certify the notice or order, if applicable, to the attorney 98225
general for collection under section 131.02 of the Revised Code.98226

       (b) Notwithstanding certification to the attorney general 98227
under division (B)(1)(a) of this section, once the commissioner or 98228
attorney general, or the designee of either, makes an initial 98229
contact with the person to whom the notice or order is directed, 98230
the person may protest an assessment by filing a petition for 98231
reassessment within sixty days after the initial contact. The 98232
certification of an assessment under division (B)(1)(a) of this 98233
section is prima-facie evidence that delivery is complete and that 98234
the notice or order is served.98235

       (2) If mailing of a notice or order by certified mail is 98236
returned for some cause other than an undeliverable address, the 98237
tax commissioner shall resend the notice or order by ordinary 98238
mail. The notice or order shall show the date the commissioner 98239
sends the notice or order and include the following statement:98240

       "This notice or order is deemed to be served on the addressee 98241
under applicable law ten days from the date this notice or order 98242
was mailed by the commissioner as shown on the notice or order, 98243
and all periods within which an appeal may be filed apply from and 98244
after that date."98245

       Unless the mailing is returned because of an undeliverable 98246
address, the mailing of that information is prima-facie evidence 98247
that delivery of the notice or order was completed ten days after 98248
the commissioner sent the notice or order by ordinary mail and 98249
that the notice or order was served.98250

       If the ordinary mail is subsequently returned because of an 98251
undeliverable address, the commissioner shall proceed under 98252
division (B)(1)(a) of this section. A person may challenge the 98253
presumption of delivery and service under this division in 98254
accordance with division (C) of this section.98255

       (C)(1) A person disputing the presumption of delivery and 98256
service under division (B) of this section bears the burden of 98257
proving by a preponderance of the evidence that the address to 98258
which the notice or order was sent was not an address with which 98259
the person was associated at the time the commissioner originally 98260
mailed the notice or order by certified mail. For the purposes of 98261
this section, a person is associated with an address at the time 98262
the commissioner originally mailed the notice or order if, at that 98263
time, the person was residing, receiving legal documents, or 98264
conducting business at the address; or if, before that time, the 98265
person had conducted business at the address and, when the notice 98266
or order was mailed, the person's agent or the person's affiliate 98267
was conducting business at the address. For the purposes of this 98268
section, a person's affiliate is any other person that, at the 98269
time the notice or order was mailed, owned or controlled at least 98270
twenty per cent, as determined by voting rights, of the 98271
addressee's business.98272

       (2) If the person elects to protest an assessment certified 98273
to the attorney general for collection, the person must do so 98274
within sixty days after the attorney general's initial contact 98275
with the person. The attorney general may enter into a compromise 98276
with the person under sections 131.02 and 5703.06 of the Revised 98277
Code if the person does not file a petition for reassessment with 98278
the tax commissioner.98279

       (D) Nothing in this section prohibits the tax commissioner or 98280
the commissioner's designee from delivering a notice or order by 98281
personal service.98282

       (E) Collection actions taken pursuant to section 131.02 of 98283
the Revised Code upon any assessment being challenged under 98284
division (B)(1)(b) of this section shall be stayed upon the 98285
pendency of an appeal under this section. If a petition for 98286
reassessment is filed pursuant to this section on a claim that has 98287
been certified to the attorney general for collection, the claim 98288
shall be uncertified.98289

       (F) As used in this section:98290

       (1) "Last known address" means the address the department has 98291
at the time the document is originally sent by certified mail, or 98292
any address the department can ascertain using reasonable means 98293
such as the use of a change of address service offered by the 98294
United States postal service.98295

       (2) "Undeliverable address" means an address to which the 98296
United States postal service is not able to deliver a notice or 98297
order, except when the reason for nondelivery is because the 98298
addressee fails to acknowledge or accept the notice or order.98299

       Sec. 5705.14.  No transfer shall be made from one fund of a 98300
subdivision to any other fund, by order of the court or otherwise, 98301
except as follows:98302

       (A) The unexpended balance in a bond fund that is no longer 98303
needed for the purpose for which such fund was created shall be 98304
transferred to the sinking fund or bond retirement fund from which 98305
such bonds are payable.98306

       (B) The unexpended balance in any specific permanent 98307
improvement fund, other than a bond fund, after the payment of all 98308
obligations incurred in the acquisition of such improvement, shall 98309
be transferred to the sinking fund or bond retirement fund of the 98310
subdivision; provided that if such money is not required to meet 98311
the obligations payable from such funds, it may be transferred to 98312
a special fund for the acquisition of permanent improvements, or, 98313
with the approval of the court of common pleas of the county in 98314
which such subdivision is located, to the general fund of the 98315
subdivision.98316

       (C) The(1) Except as provided in division (C)(2) of this 98317
section, the unexpended balance in the sinking fund or bond 98318
retirement fund of a subdivision, after all indebtedness, 98319
interest, and other obligations for the payment of which such fund 98320
exists have been paid and retired, shall be transferred, in the 98321
case of the sinking fund, to the bond retirement fund, and in the 98322
case of the bond retirement fund, to the sinking fund; provided 98323
that if such transfer is impossible by reason of the nonexistence 98324
of the fund to receive the transfer, such unexpended balance, with 98325
the approval of the court of common pleas of the county in which 98326
such division is located, may be transferred to any other fund of 98327
the subdivision.98328

       (2) Money in a bond fund or bond retirement fund of a city, 98329
local, exempted village, cooperative education, or joint 98330
vocational school district may be transferred to a specific 98331
permanent improvement fund provided that the county budget 98332
commission of the county in which the school district is located 98333
approves the transfer upon its determination that the money 98334
transferred will not be required to meet the obligations payable 98335
from the bond fund or bond retirement fund. In arriving at such a 98336
determination, the county budget commission shall consider the 98337
balance of the bond fund or bond retirement fund, the outstanding 98338
obligations payable from the fund, and the sources and timing of 98339
the fund's revenue.98340

       (D) The unexpended balance in any special fund, other than an 98341
improvement fund, existing in accordance with division (D), (F), 98342
or (G) of section 5705.09 or section 5705.12 of the Revised Code, 98343
may be transferred to the general fund or to the sinking fund or 98344
bond retirement fund after the termination of the activity, 98345
service, or other undertaking for which such special fund existed, 98346
but only after the payment of all obligations incurred and payable 98347
from such special fund.98348

       (E) Money may be transferred from the general fund to any 98349
other fund of the subdivision.98350

       (F) Moneys retained or received by a county under section 98351
4501.04 or division (A)(3) of section 5735.27 of the Revised Code 98352
may be transferred from the fund into which they were deposited to 98353
the sinking fund or bond retirement fund from which any principal, 98354
interest, or charges for which such moneys may be used is payable.98355

       (G) Moneys retained or received by a municipal corporation 98356
under section 4501.04 or division (A)(1) or (2) of section 5735.27 98357
of the Revised Code may be transferred from the fund into which 98358
they were deposited to the sinking fund or bond retirement fund 98359
from which any principal, interest, or charges for which such 98360
moneys may be used is payable.98361

       (H)(1) Money may be transferred from the county developmental 98362
disabilities general fund to the county developmental disabilities 98363
capital fund established under section 5705.091 of the Revised 98364
Code or to any other fund created for the purposes of the county 98365
board of developmental disabilities, so long as money in the fund 98366
to which the money is transferred can be spent for the particular 98367
purpose of the transferred money. The county board of 98368
developmental disabilities may request, by resolution, that the 98369
board of county commissioners make the transfer. The county board 98370
of developmental disabilities shall transmit a certified copy of 98371
the resolution to the board of county commissioners. Upon 98372
receiving the resolution, the board of county commissioners may 98373
make the transfer. Money transferred to a fund shall be credited 98374
to an account appropriate to its particular purpose.98375

       (2) An unexpended balance in an account in the county 98376
developmental disabilities capital fund or any other fund created 98377
for the purposes of the county board of developmental disabilities 98378
may be transferred back to the county developmental disabilities 98379
general fund. The transfer may be made if the unexpended balance 98380
is no longer needed for its particular purpose and all outstanding 98381
obligations have been paid. Money transferred back to the county 98382
developmental disabilities general fund shall be credited to an 98383
account for current expenses within that fund. The county board of 98384
developmental disabilities may request, by resolution, that the 98385
board of county commissioners make the transfer. The county board 98386
of developmental disabilities shall transmit a certified copy of 98387
the resolution to the board of county commissioners. Upon 98388
receiving the resolution, the board of county commissioners may 98389
make the transfer.98390

       (I) Money may be transferred from the public assistance fund 98391
established under section 5101.161 of the Revised Code to the 98392
children services fund established under section 5101.144 of the 98393
Revised Code, so long as the money to be transferred from the 98394
public assistance fund may be spent for the purposes for which 98395
money in the children services fund may be used.98396

       Except in the case of transfer pursuant to division (E) of 98397
this section, transfers authorized by this section shall only be 98398
made by resolution of the taxing authority passed with the 98399
affirmative vote of two-thirds of the members.98400

       Sec. 5705.16.  A resolution of the taxing authority of any 98401
political subdivision shall be passed by a majority of all the 98402
members thereof, declaring the necessity for the transfer of funds 98403
authorized by section 5705.15 of the Revised Code, and such taxing 98404
authority shall prepare a petition addressed to the court of 98405
common pleas of the county in which the funds are held. The 98406
petition shall set forth the name and amount of the fund, the fund 98407
to which it is desired to be transferred, a copy of such 98408
resolution with a full statement of the proceedings pertaining to 98409
its passage, and the reason or necessity for the transfer. A 98410
duplicate copy of said petition shall be forwarded to the tax 98411
commissioner for histhe commissioner's examination and approval.98412

       If the petition is disapproved by the commissioner, it shall 98413
be returned within ten days of its receipt to the officers who 98414
submitted it, with a memorandum of the commissioner's objections. 98415
This disapproval shall not prejudice a later application for 98416
approval. If the petition is approved by the commissioner, it 98417
shall be forwarded within ten days of its receipt to the clerk of 98418
the court of common pleas of the county to whose court of common 98419
pleas the petition is addressed, marked with the approval of the 98420
commissioner. If the commissioner approves the petition, hethe 98421
commissioner shall notify immediately the officers who submitted 98422
the petition, who then may file the petition in the court to which 98423
it is addressed.98424

       The petitioner shall give notice of the filing, object, and 98425
prayer of the petition, and of the time when it will be heard. The 98426
notice shall be given by one publication in two newspapers having98427
a newspaper of general circulation in the territory to be affected 98428
by such transfer of funds, preference being given to newspapers 98429
published within the territory. If there areis no such newspapers98430
newspaper, the notice shall be posted in ten conspicuous places 98431
within the territory for thea period of four weeks.98432

       The petition may be heard at the time stated in the notice, 98433
or as soon thereafter as convenient for the court. Any person who 98434
objects to the prayer of such petition shall file histhe person's98435
objections in such cause on or before the time fixed in the notice 98436
for hearing, and hethat person shall be entitled to be heard.98437

       If, upon hearing, the court finds that the notice has been 98438
given as required by this section, that the petition states 98439
sufficient facts, that there are good reasons, or that a necessity 98440
exists, for the transfer, and that no injury will result 98441
therefrom, it shall grant the prayer of the petition and order the 98442
petitioners to make such transfer.98443

       A copy of the findings, orders, and judgments of the court 98444
shall be certified by the clerk and entered on the records of the 98445
petitioning officers or board, and thereupon the petitioners may 98446
make the transfer of funds as directed by the court. All costs of 98447
such proceedings shall be paid by the petitioners, except that if 98448
objections are filed the court may order such objectors to pay all 98449
or a portion of the costs.98450

       Sec. 5705.191.  The taxing authority of any subdivision, 98451
other than the board of education of a school district or the 98452
taxing authority of a county school financing district, by a vote 98453
of two-thirds of all its members, may declare by resolution that 98454
the amount of taxes that may be raised within the ten-mill 98455
limitation by levies on the current tax duplicate will be 98456
insufficient to provide an adequate amount for the necessary 98457
requirements of the subdivision, and that it is necessary to levy 98458
a tax in excess of such limitation for any of the purposes in 98459
section 5705.19 of the Revised Code, or to supplement the general 98460
fund for the purpose of making appropriations for one or more of 98461
the following purposes: public assistance, human or social 98462
services, relief, welfare, hospitalization, health, and support of 98463
general hospitals, and that the question of such additional tax 98464
levy shall be submitted to the electors of the subdivision at a 98465
general, primary, or special election to be held at a time therein 98466
specified. Such resolution shall not include a levy on the current 98467
tax list and duplicate unless such election is to be held at or 98468
prior to the general election day of the current tax year. Such 98469
resolution shall conform to the requirements of section 5705.19 of 98470
the Revised Code, except that a levy to supplement the general 98471
fund for the purposes of public assistance, human or social 98472
services, relief, welfare, hospitalization, health, or the support 98473
of general or tuberculosis hospitals may not be for a longer 98474
period than ten years. All other levies under this section may not 98475
be for a longer period than five years unless a longer period is 98476
permitted by section 5705.19 of the Revised Code, and the 98477
resolution shall specify the date of holding such election, which 98478
shall not be earlier than ninety days after the adoption and 98479
certification of such resolution. The resolution shall go into 98480
immediate effect upon its passage and no publication of the same 98481
is necessary other than that provided for in the notice of 98482
election. A copy of such resolution, immediately after its 98483
passage, shall be certified to the board of elections of the 98484
proper county or counties in the manner provided by section 98485
5705.25 of the Revised Code, and such section shall govern the 98486
arrangements for the submission of such question and other matters 98487
with respect to such election, to which section 5705.25 of the 98488
Revised Code refers, excepting that such election shall be held on 98489
the date specified in the resolution, which shall be consistent 98490
with the requirements of section 3501.01 of the Revised Code, 98491
provided that only one special election for the submission of such 98492
question may be held in any one calendar year and provided that a 98493
special election may be held upon the same day a primary election 98494
is held. Publication of notice of that election shall be made in 98495
one or more newspapersa newspaper of general circulation in the 98496
county once a week for two consecutive weeks, or as provided in 98497
section 7.16 of the Revised Code, prior to the election, and, if. 98498
If the board of elections operates and maintains a web site, the 98499
board of elections shall post notice of the election on its web 98500
site for thirty days prior to the election. 98501

       If a majority of the electors voting on the question vote in 98502
favor thereof, the taxing authority of the subdivision may make 98503
the necessary levy within such subdivision at the additional rate 98504
or at any lesser rate outside the ten-mill limitation on the tax 98505
list and duplicate for the purpose stated in the resolution. Such 98506
tax levy shall be included in the next annual tax budget that is 98507
certified to the county budget commission. 98508

       After the approval of such a levy by the electors, the taxing 98509
authority of the subdivision may anticipate a fraction of the 98510
proceeds of such levy and issue anticipation notes. In the case of 98511
a continuing levy that is not levied for the purpose of current 98512
expenses, notes may be issued at any time after approval of the 98513
levy in an amount not more than fifty per cent of the total 98514
estimated proceeds of the levy for the succeeding ten years, less 98515
an amount equal to the fraction of the proceeds of the levy 98516
previously anticipated by the issuance of anticipation notes. In 98517
the case of a levy for a fixed period that is not for the purpose 98518
of current expenses, notes may be issued at any time after 98519
approval of the levy in an amount not more than fifty per cent of 98520
the total estimated proceeds of the levy throughout the remaining 98521
life of the levy, less an amount equal to the fraction of the 98522
proceeds of the levy previously anticipated by the issuance of 98523
anticipation notes. In the case of a levy for current expenses, 98524
notes may be issued after the approval of the levy by the electors 98525
and prior to the time when the first tax collection from the levy 98526
can be made. Such notes may be issued in an amount not more than 98527
fifty per cent of the total estimated proceeds of the levy 98528
throughout the term of the levy in the case of a levy for a fixed 98529
period, or fifty per cent of the total estimated proceeds for the 98530
first ten years of the levy in the case of a continuing levy. 98531

       No anticipation notes that increase the net indebtedness of a 98532
county may be issued without the prior consent of the board of 98533
county commissioners of that county. The notes shall be issued as 98534
provided in section 133.24 of the Revised Code, shall have 98535
principal payments during each year after the year of their 98536
issuance over a period not exceeding the life of the levy 98537
anticipated, and may have a principal payment in the year of their 98538
issuance. 98539

       "Taxing authority" and "subdivision" have the same meanings 98540
as in section 5705.01 of the Revised Code. 98541

       This section is supplemental to and not in derogation of 98542
sections 5705.20, 5705.21, and 5705.22 of the Revised Code. 98543

       Sec. 5705.194.  The board of education of any city, local, 98544
exempted village, cooperative education, or joint vocational 98545
school district at any time may declare by resolution that the 98546
revenue that will be raised by all tax levies which the district 98547
is authorized to impose, when combined with state and federal 98548
revenues, will be insufficient to provide for the emergency 98549
requirements of the school district or to avoid an operating 98550
deficit, and that it is therefore necessary to levy an additional 98551
tax in excess of the ten-mill limitation. The resolution shall be 98552
confined to a single purpose and shall specify that purpose. If 98553
the levy is proposed to renew all or a portion of the proceeds 98554
derived from one or more existing levies imposed pursuant to this 98555
section, it shall be called a renewal levy and shall be so 98556
designated on the ballot. If two or more existing levies are to be 98557
included in a single renewal levy but are not scheduled to expire 98558
in the same year, the resolution shall specify that the existing 98559
levies to be renewed shall not be levied after the year preceding 98560
the year in which the renewal levy is first imposed. 98561
Notwithstanding the original purpose of any one or more existing 98562
levies that are to be in any single renewal levy, the purpose of 98563
the renewal levy may be either to avoid an operating deficit or to 98564
provide for the emergency requirements of the school district. The 98565
resolution shall further specify the amount of money it is 98566
necessary to raise for the specified purpose for each calendar 98567
year the millage is to be imposed; if a renewal levy, whether the 98568
levy is to renew all, or a portion of, the proceeds derived from 98569
one or more existing levies; and the number of years in which the 98570
millage is to be in effect, which may include a levy upon the 98571
current year's tax list. The number of years may be any number not 98572
exceeding ten.98573

       The question shall be submitted at a special election on a 98574
date specified in the resolution. The date shall not be earlier 98575
than eighty days after the adoption and certification of the 98576
resolution to the county auditor and shall be consistent with the 98577
requirements of section 3501.01 of the Revised Code. A resolution 98578
for a renewal levy shall not be placed on the ballot unless the 98579
question is submitted on a date on which a special election may be 98580
held under division (D) of section 3501.01 of the Revised Code, 98581
except for the first Tuesday after the first Monday in February 98582
and August, during the last year the levy to be renewed may be 98583
extended on the real and public utility property tax list and 98584
duplicate, or at any election held in the ensuing year, except 98585
that if the resolution proposes renewing two or more existing 98586
levies, the question shall be submitted on the date of the general 98587
or primary election held during the last year at least one of the 98588
levies to be renewed may be extended on that list and duplicate, 98589
or at any election held during the ensuing year. For purposes of 98590
this section, a levy shall be considered to be an "existing levy" 98591
through the year following the last year it can be placed on the 98592
real and public utility property tax list and duplicate.98593

       The submission of questions to the electors under this 98594
section is subject to the limitation on the number of election 98595
dates established by section 5705.214 of the Revised Code.98596

       The resolution shall go into immediate effect upon its 98597
passage, and no publication of the resolution shall be necessary 98598
other than that provided for in the notice of election. A copy of 98599
the resolution shall immediately after its passing be certified to 98600
the county auditor of the proper county. Section 5705.195 of the 98601
Revised Code shall govern the arrangements for the submission of 98602
questions to the electors under this section and other matters 98603
concerning the election. Publication of notice of the election 98604
shall be made in one or more newspapersnewspaper of general 98605
circulation in the county once a week for two consecutive weeks, 98606
or as provided in section 7.16 of the Revised Code, prior to the 98607
election, and, if. If the board of elections operates and 98608
maintains a web site, the board of elections shall post notice of 98609
the election on its web site for thirty days prior to the 98610
election. If a majority of the electors voting on the question 98611
submitted in an election vote in favor of the levy, the board of 98612
education of the school district may make the additional levy 98613
necessary to raise the amount specified in the resolution for the 98614
purpose stated in the resolution. The tax levy shall be included 98615
in the next tax budget that is certified to the county budget 98616
commission.98617

       After the approval of the levy and prior to the time when the 98618
first tax collection from the levy can be made, the board of 98619
education may anticipate a fraction of the proceeds of the levy 98620
and issue anticipation notes in an amount not exceeding the total 98621
estimated proceeds of the levy to be collected during the first 98622
year of the levy.98623

       The notes shall be issued as provided in section 133.24 of 98624
the Revised Code, shall have principal payments during each year 98625
after the year of their issuance over a period not to exceed five 98626
years, and may have principal payment in the year of their 98627
issuance.98628

       Sec. 5705.196.  The election provided for in section 5705.194 98629
of the Revised Code shall be held at the regular places for voting 98630
in the district, and shall be conducted, canvassed, and certified 98631
in the same manner as regular elections in the district for the 98632
election of county officers, provided that in any such election in 98633
which only part of the electors of a precinct are qualified to 98634
vote, the board of elections may assign voters in such part to an 98635
adjoining precinct. Such an assignment may be made to an adjoining 98636
precinct in another county with the consent and approval of the 98637
board of elections of such other county. Notice of the election 98638
shall be published in one or more newspapersnewspaper of general 98639
circulation in the district once a week for two consecutive weeks 98640
or as provided in section 7.16 of the Revised Code, prior to the 98641
election, and, if. If the board of elections operates and 98642
maintains a web site, the board of elections shall post notice of 98643
the election on its web site for thirty days prior to the 98644
election. Such notice shall state the annual proceeds of the 98645
proposed levy, the purpose for which such proceeds are to be used, 98646
the number of years during which the levy shall run, and the 98647
estimated average additional tax rate expressed in dollars and 98648
cents for each one hundred dollars of valuation as well as in 98649
mills for each one dollar of valuation, outside the limitation 98650
imposed by Section 2 of Article XII, Ohio Constitution, as 98651
certified by the county auditor.98652

       Sec. 5705.21.  (A) At any time, the board of education of any 98653
city, local, exempted village, cooperative education, or joint 98654
vocational school district, by a vote of two-thirds of all its 98655
members, may declare by resolution that the amount of taxes which 98656
may be raised within the ten-mill limitation by levies on the 98657
current tax duplicate will be insufficient to provide an adequate 98658
amount for the necessary requirements of the school district, that 98659
it is necessary to levy a tax in excess of such limitation for one 98660
of the purposes specified in division (A), (D), (F), (H), or (DD) 98661
of section 5705.19 of the Revised Code, for general permanent 98662
improvements, for the purpose of operating a cultural center, or 98663
for the purpose of providing education technology, and that the 98664
question of such additional tax levy shall be submitted to the 98665
electors of the school district at a special election on a day to 98666
be specified in the resolution.98667

       As used in this section, "cultural center" means a 98668
freestanding building, separate from a public school building, 98669
that is open to the public for educational, musical, artistic, and 98670
cultural purposes; "education technology" means, but is not 98671
limited to, computer hardware, equipment, materials, and 98672
accessories, equipment used for two-way audio or video, and 98673
software; and "general permanent improvements" means permanent 98674
improvements without regard to the limitation of division (F) of 98675
section 5705.19 of the Revised Code that the improvements be a 98676
specific improvement or a class of improvements that may be 98677
included in a single bond issue.98678

       The submission of questions to the electors under this 98679
section is subject to the limitation on the number of election 98680
dates established by section 5705.214 of the Revised Code.98681

       (B) Such resolution shall be confined to a single purpose and 98682
shall specify the amount of the increase in rate that it is 98683
necessary to levy, the purpose of the levy, and the number of 98684
years during which the increase in rate shall be in effect. The 98685
number of years may be any number not exceeding five or, if the 98686
levy is for current expenses of the district or for general 98687
permanent improvements, for a continuing period of time. The 98688
resolution shall specify the date of holding such election, which 98689
shall not be earlier than ninety days after the adoption and 98690
certification of the resolution and which shall be consistent with 98691
the requirements of section 3501.01 of the Revised Code.98692

       The resolution may propose to renew one or more existing 98693
levies imposed under this section or to increase or decrease a 98694
single levy imposed under this section. If the board of education 98695
imposes one or more existing levies for the purpose specified in 98696
division (F) of section 5705.19 of the Revised Code, the 98697
resolution may propose to renew one or more of those existing 98698
levies, or to increase or decrease a single such existing levy, 98699
for the purpose of general permanent improvements. If the 98700
resolution proposes to renew two or more existing levies, the 98701
levies shall be levied for the same purpose. The resolution shall 98702
identify those levies and the rates at which they are levied. The 98703
resolution also shall specify that the existing levies shall not 98704
be extended on the tax lists after the year preceding the year in 98705
which the renewal levy is first imposed, regardless of the years 98706
for which those levies originally were authorized to be levied.98707

       The resolution shall go into immediate effect upon its 98708
passage, and no publication of the resolution shall be necessary 98709
other than that provided for in the notice of election. A copy of 98710
the resolution shall immediately after its passing be certified to 98711
the board of elections of the proper county in the manner provided 98712
by section 5705.25 of the Revised Code, and that section shall 98713
govern the arrangements for the submission of such question and 98714
other matters concerning such election, to which that section 98715
refers, except that such election shall be held on the date 98716
specified in the resolution. Publication of notice of that 98717
election shall be made in one or more newspapersa newspaper of 98718
general circulation in the county once a week for two consecutive 98719
weeks, or as provided in section 7.16 of the Revised Code, prior 98720
to the election, and, if. If the board of elections operates and 98721
maintains a web site, the board of elections shall post notice of 98722
the election on its web site for thirty days prior to the 98723
election. If a majority of the electors voting on the question so 98724
submitted in an election vote in favor of the levy, the board of 98725
education may make the necessary levy within the school district 98726
at the additional rate, or at any lesser rate in excess of the 98727
ten-mill limitation on the tax list, for the purpose stated in the 98728
resolution. A levy for a continuing period of time may be reduced 98729
pursuant to section 5705.261 of the Revised Code. The tax levy 98730
shall be included in the next tax budget that is certified to the 98731
county budget commission.98732

       (C)(1) After the approval of a levy on the current tax list 98733
and duplicate for current expenses, for recreational purposes, for 98734
community centers provided for in section 755.16 of the Revised 98735
Code, or for a public library of the district and prior to the 98736
time when the first tax collection from the levy can be made, the 98737
board of education may anticipate a fraction of the proceeds of 98738
the levy and issue anticipation notes in a principal amount not 98739
exceeding fifty per cent of the total estimated proceeds of the 98740
levy to be collected during the first year of the levy.98741

       (2) After the approval of a levy for general permanent 98742
improvements for a specified number of years, or for permanent 98743
improvements having the purpose specified in division (F) of 98744
section 5705.19 of the Revised Code, the board of education may 98745
anticipate a fraction of the proceeds of the levy and issue 98746
anticipation notes in a principal amount not exceeding fifty per 98747
cent of the total estimated proceeds of the levy remaining to be 98748
collected in each year over a period of five years after the 98749
issuance of the notes.98750

       The notes shall be issued as provided in section 133.24 of 98751
the Revised Code, shall have principal payments during each year 98752
after the year of their issuance over a period not to exceed five 98753
years, and may have a principal payment in the year of their 98754
issuance.98755

       (3) After approval of a levy for general permanent 98756
improvements for a continuing period of time, the board of 98757
education may anticipate a fraction of the proceeds of the levy 98758
and issue anticipation notes in a principal amount not exceeding 98759
fifty per cent of the total estimated proceeds of the levy to be 98760
collected in each year over a specified period of years, not 98761
exceeding ten, after the issuance of the notes.98762

       The notes shall be issued as provided in section 133.24 of 98763
the Revised Code, shall have principal payments during each year 98764
after the year of their issuance over a period not to exceed ten 98765
years, and may have a principal payment in the year of their 98766
issuance.98767

       Sec. 5705.211.  (A) As used in this section:98768

       (1) "Adjusted charge-off increase" for a tax year means two 98769
and two-tenths per cent of the cumulative carryover property value 98770
increase. If the cumulative carryover property value increase is 98771
computed on the basis of a school district's recognized valuation 98772
for a fiscal year before fiscal year 2014, the adjusted charge-off 98773
increase shall be adjusted to account for the greater charge-off 98774
rates prescribed for such fiscal years under sections 3317.022 and 98775
3306.13 of the Revised Code.98776

        (2) "Cumulative carryover property value increase" means the 98777
sum of the increases in carryover value certified under division 98778
(B)(2) of section 3317.015 of the Revised Code and included in a 98779
school district's total taxable value in the computation of 98780
recognized valuation under division (B) of that section for all 98781
fiscal years from the fiscal year that ends in the first tax year 98782
a levy under this section is extended on the tax list of real and 98783
public utility property until and including the fiscal year that 98784
ends in the current tax year.98785

       (3) "Taxes charged and payable" means the taxes charged and 98786
payable from a tax levy extended on the real and public utility 98787
property tax list and the general list of personal property before 98788
any reduction under section 319.302, 323.152, or 323.158 of the 98789
Revised Code.98790

       (B) The board of education of a city, local, or exempted 98791
village school district may adopt a resolution proposing the levy 98792
of a tax in excess of the ten-mill limitation for the purpose of 98793
paying the current operating expenses of the district. If the 98794
resolution is approved as provided in division (D) of this 98795
section, the tax may be levied at such a rate each tax year that 98796
the total taxes charged and payable from the levy equals the 98797
adjusted charge-off increase for the tax year or equals a lesser 98798
amount as prescribed under division (C) of this section. The tax 98799
may be levied for a continuing period of time or for a specific 98800
number of years, but not fewer than five years, as provided in the 98801
resolution. The tax may not be placed on the tax list for a tax 98802
year beginning before the first day of January following adoption 98803
of the resolution. A board of education may not adopt a resolution 98804
under this section proposing to levy a tax under this section 98805
concurrently with any other tax levied by the board under this 98806
section.98807

       (C) After the first year a tax is levied under this section, 98808
the rate of the tax in any year shall not exceed the rate, 98809
estimated by the county auditor, that would cause the sums levied 98810
from the tax against carryover property to exceed one hundred four 98811
per cent of the sums levied from the tax against carryover 98812
property in the preceding year. A board of education imposing a 98813
tax under this section may specify in the resolution imposing the 98814
tax that the percentage shall be less than one hundred four per 98815
cent, but the percentage shall not be less than one hundred per 98816
cent. At any time after a resolution adopted under this section is 98817
approved by a majority of electors as provided in division (D) of 98818
this section, the board of education, by resolution, may decrease 98819
the percentage specified in the resolution levying the tax.98820

       (D) A resolution adopted under this section shall state that 98821
the purpose of the tax is to pay current operating expenses of the 98822
district, and shall specify the first year in which the tax is to 98823
be levied, the number of years the tax will be levied or that it 98824
will be levied for a continuing period of time, and the election 98825
at which the question of the tax is to appear on the ballot, which 98826
shall be a general or special election consistent with the 98827
requirements of section 3501.01 of the Revised Code. If the board 98828
of education specifies a percentage less than one hundred four per 98829
cent pursuant to division (C) of this section, the percentage 98830
shall be specified in the resolution.98831

       Upon adoption of the resolution, the board of education may 98832
certify a copy of the resolution to the proper county board of 98833
elections. The copy of the resolution shall be certified to the 98834
board of elections not later than ninety days before the day of 98835
the election at which the question of the tax is to appear on the 98836
ballot. Upon receiving a timely certified copy of such a 98837
resolution, the board of elections shall make the necessary 98838
arrangements for the submission of the question to the electors of 98839
the school district, and the election shall be conducted, 98840
canvassed, and certified in the same manner as regular elections 98841
in the school district for the election of members of the board of 98842
education. Notice of the election shall be published in one or 98843
more newspapersa newspaper of general circulation in the school 98844
district once per week for four consecutive weeks or as provided 98845
in section 7.16 of the Revised Code. The notice shall state that 98846
the purpose of the tax is for the current operating expenses of 98847
the school district, the first year the tax is to be levied, the 98848
number of years the tax is to be levied or that it is to be levied 98849
for a continuing period of time, that the tax is to be levied each 98850
year in an amount estimated to offset decreases in state base cost 98851
funding caused by appreciation in real estate values, and that the 98852
estimated additional tax in any year shall not exceed the previous 98853
year's by more than four per cent, or a lesser percentage 98854
specified in the resolution levying the tax, except for increases 98855
caused by the addition of new taxable property.98856

       The question shall be submitted as a separate proposition but 98857
may be printed on the same ballot with any other proposition 98858
submitted at the same election other than the election of 98859
officers.98860

       The form of the ballot shall be substantially as follows:98861

       "An additional tax for the benefit of (name of school 98862
district) for the purpose of paying the current operating expenses 98863
of the district, for .......... (number of years or for continuing 98864
period of time), at a rate sufficient to offset any reduction in 98865
basic state funding caused by appreciation in real estate values? 98866
This levy will permit variable annual growth in revenue up to 98867
.......... (amount specified by school district) per cent for the 98868
duration of the levy.98869

        98870

 For the tax levy 98871
 Against the tax levy  " 98872

        98873

       If a majority of the electors of the school district voting 98874
on the question vote in favor of the question, the board of 98875
elections shall certify the results of the election to the board 98876
of education and to the tax commissioner immediately after the 98877
canvass.98878

       (E) When preparing any estimate of the contemplated receipts 98879
from a tax levied pursuant to this section for the purposes of 98880
sections 5705.28 to 5705.40 of the Revised Code, and in preparing 98881
to certify the tax under section 5705.34 of the Revised Code, a 98882
board of education authorized to levy such a tax shall use 98883
information supplied by the department of education to determine 98884
the adjusted charge-off increase for the tax year for which that 98885
certification is made. If the board levied a tax under this 98886
section in the preceding tax year, the sum to be certified for 98887
collection from the tax shall not exceed the sum that would exceed 98888
the limitation imposed under division (C) of this section. At the 98889
request of the board of education or the treasurer of the school 98890
district, the county auditor shall assist the board of education 98891
in determining the rate or sum that may be levied under this 98892
section.98893

       The board of education shall certify the sum authorized to be 98894
levied to the county auditor, and, for the purpose of the county 98895
auditor determining the rate at which the tax is to be levied in 98896
the tax year, the sum so certified shall be the sum to be raised 98897
by the tax unless the sum exceeds the limitation imposed by 98898
division (C) of this section. A tax levied pursuant to this 98899
section shall not be levied at a rate in excess of the rate 98900
estimated by the county auditor to produce the sum certified by 98901
the board of education before the reductions under sections 98902
319.302, 323.152, and 323.158 of the Revised Code. Notwithstanding 98903
section 5705.34 of the Revised Code, a board of education 98904
authorized to levy a tax under this section shall certify the tax 98905
to the county auditor before the first day of October of the tax 98906
year in which the tax is to be levied, or at a later date as 98907
approved by the tax commissioner.98908

       Sec. 5705.218.  (A) The board of education of a city, local, 98909
or exempted village school district, at any time by a vote of 98910
two-thirds of all its members, may declare by resolution that it 98911
may be necessary for the school district to issue general 98912
obligation bonds for permanent improvements. The resolution shall 98913
state all of the following:98914

       (1) The necessity and purpose of the bond issue;98915

       (2) The date of the special election at which the question 98916
shall be submitted to the electors;98917

       (3) The amount, approximate date, estimated rate of interest, 98918
and maximum number of years over which the principal of the bonds 98919
may be paid;98920

       (4) The necessity of levying a tax outside the ten-mill 98921
limitation to pay debt charges on the bonds and any anticipatory 98922
securities.98923

       On adoption of the resolution, the board shall certify a copy 98924
of it to the county auditor. The county auditor promptly shall 98925
estimate and certify to the board the average annual property tax 98926
rate required throughout the stated maturity of the bonds to pay 98927
debt charges on the bonds, in the same manner as under division 98928
(C) of section 133.18 of the Revised Code.98929

       (B) After receiving the county auditor's certification under 98930
division (A) of this section, the board of education of the city, 98931
local, or exempted village school district, by a vote of 98932
two-thirds of all its members, may declare by resolution that the 98933
amount of taxes that can be raised within the ten-mill limitation 98934
will be insufficient to provide an adequate amount for the present 98935
and future requirements of the school district; that it is 98936
necessary to issue general obligation bonds of the school district 98937
for permanent improvements and to levy an additional tax in excess 98938
of the ten-mill limitation to pay debt charges on the bonds and 98939
any anticipatory securities; that it is necessary for a specified 98940
number of years or for a continuing period of time to levy 98941
additional taxes in excess of the ten-mill limitation to provide 98942
funds for the acquisition, construction, enlargement, renovation, 98943
and financing of permanent improvements or to pay for current 98944
operating expenses, or both; and that the question of the bonds 98945
and taxes shall be submitted to the electors of the school 98946
district at a special election, which shall not be earlier than 98947
ninety days after certification of the resolution to the board of 98948
elections, and the date of which shall be consistent with section 98949
3501.01 of the Revised Code. The resolution shall specify all of 98950
the following:98951

       (1) The county auditor's estimate of the average annual 98952
property tax rate required throughout the stated maturity of the 98953
bonds to pay debt charges on the bonds;98954

       (2) The proposed rate of the tax, if any, for current 98955
operating expenses, the first year the tax will be levied, and the 98956
number of years it will be levied, or that it will be levied for a 98957
continuing period of time;98958

       (3) The proposed rate of the tax, if any, for permanent 98959
improvements, the first year the tax will be levied, and the 98960
number of years it will be levied, or that it will be levied for a 98961
continuing period of time.98962

       The resolution shall apportion the annual rate of the tax 98963
between current operating expenses and permanent improvements, if 98964
both taxes are proposed. The apportionment may but need not be the 98965
same for each year of the tax, but the respective portions of the 98966
rate actually levied each year for current operating expenses and 98967
permanent improvements shall be limited by the apportionment. The 98968
resolution shall go into immediate effect upon its passage, and no 98969
publication of it is necessary other than that provided in the 98970
notice of election. The board of education shall certify a copy of 98971
the resolution, along with copies of the auditor's estimate and 98972
its resolution under division (A) of this section, to the board of 98973
elections immediately after its adoption.98974

       (C) The board of elections shall make the arrangements for 98975
the submission of the question to the electors of the school 98976
district, and the election shall be conducted, canvassed, and 98977
certified in the same manner as regular elections in the district 98978
for the election of county officers. The resolution shall be put 98979
before the electors as one ballot question, with a favorable vote 98980
indicating approval of the bond issue, the levy to pay debt 98981
charges on the bonds and any anticipatory securities, the current 98982
operating expenses levy, and the permanent improvements levy, if 98983
either or both levies are proposed. The board of elections shall 98984
publish notice of the election in one or more newspapersa 98985
newspaper of general circulation in the school district once a 98986
week for two consecutive weeks, or as provided in section 7.16 of 98987
the Revised Code, prior to the election, and, if. If a board of 98988
elections operates and maintains a web site, that board also shall 98989
post notice of the election on its web site for thirty days prior 98990
to the election. The notice of election shall state all of the 98991
following:98992

       (1) The principal amount of the proposed bond issue;98993

       (2) The permanent improvements for which the bonds are to be 98994
issued;98995

       (3) The maximum number of years over which the principal of 98996
the bonds may be paid;98997

       (4) The estimated additional average annual property tax rate 98998
to pay the debt charges on the bonds, as certified by the county 98999
auditor;99000

       (5) The proposed rate of the additional tax, if any, for 99001
current operating expenses;99002

       (6) The number of years the current operating expenses tax 99003
will be in effect, or that it will be in effect for a continuing 99004
period of time;99005

       (7) The proposed rate of the additional tax, if any, for 99006
permanent improvements;99007

       (8) The number of years the permanent improvements tax will 99008
be in effect, or that it will be in effect for a continuing period 99009
of time;99010

       (9) The time and place of the special election.99011

       (D) The form of the ballot for an election under this section 99012
is as follows:99013

       "Shall the .......... school district be authorized to do the 99014
following:99015

       (1) Issue bonds for the purpose of .......... in the 99016
principal amount of $......, to be repaid annually over a maximum 99017
period of ...... years, and levy a property tax outside the 99018
ten-mill limitation, estimated by the county auditor to average 99019
over the bond repayment period ...... mills for each one dollar of 99020
tax valuation, which amounts to ...... (rate expressed in cents or 99021
dollars and cents, such as "36 cents" or "$1.41") for each $100 of 99022
tax valuation, to pay the annual debt charges on the bonds, and to 99023
pay debt charges on any notes issued in anticipation of those 99024
bonds?"99025

       If either a levy for permanent improvements or a levy for 99026
current operating expenses is proposed, or both are proposed, the 99027
ballot also shall contain the following language, as appropriate:99028

       "(2) Levy an additional property tax to provide funds for the 99029
acquisition, construction, enlargement, renovation, and financing 99030
of permanent improvements at a rate not exceeding ....... mills 99031
for each one dollar of tax valuation, which amounts to ....... 99032
(rate expressed in cents or dollars and cents) for each $100 of 99033
tax valuation, for ...... (number of years of the levy, or a 99034
continuing period of time)?99035

       (3) Levy an additional property tax to pay current operating 99036
expenses at a rate not exceeding ....... mills for each one dollar 99037
of tax valuation, which amounts to ....... (rate expressed in 99038
cents or dollars and cents) for each $100 of tax valuation, for 99039
....... (number of years of the levy, or a continuing period of 99040
time)?99041

        99042

  FOR THE BOND ISSUE AND LEVY (OR LEVIES) 99043
  AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)   " 99044

        99045

       (E) The board of elections promptly shall certify the results 99046
of the election to the tax commissioner and the county auditor of 99047
the county in which the school district is located. If a majority 99048
of the electors voting on the question vote for it, the board of 99049
education may proceed with issuance of the bonds and with the levy 99050
and collection of the property tax or taxes at the additional rate 99051
or any lesser rate in excess of the ten-mill limitation. Any 99052
securities issued by the board of education under this section are 99053
Chapter 133. securities, as that term is defined in section 133.01 99054
of the Revised Code.99055

       (F)(1) After the approval of a tax for current operating 99056
expenses under this section and prior to the time the first 99057
collection and distribution from the levy can be made, the board 99058
of education may anticipate a fraction of the proceeds of such 99059
levy and issue anticipation notes in a principal amount not 99060
exceeding fifty per cent of the total estimated proceeds of the 99061
tax to be collected during the first year of the levy.99062

       (2) After the approval of a tax under this section for 99063
permanent improvements having a specific purpose, the board of 99064
education may anticipate a fraction of the proceeds of such tax 99065
and issue anticipation notes in a principal amount not exceeding 99066
fifty per cent of the total estimated proceeds of the tax 99067
remaining to be collected in each year over a period of five years 99068
after issuance of the notes.99069

       (3) After the approval of a tax for general, on-going 99070
permanent improvements under this section, the board of education 99071
may anticipate a fraction of the proceeds of such tax and issue 99072
anticipation notes in a principal amount not exceeding fifty per 99073
cent of the total estimated proceeds of the tax to be collected in 99074
each year over a specified period of years, not exceeding ten, 99075
after issuance of the notes.99076

       Anticipation notes under this section shall be issued as 99077
provided in section 133.24 of the Revised Code. Notes issued under 99078
division (F)(1) or (2) of this section shall have principal 99079
payments during each year after the year of their issuance over a 99080
period not to exceed five years, and may have a principal payment 99081
in the year of their issuance. Notes issued under division (F)(3) 99082
of this section shall have principal payments during each year 99083
after the year of their issuance over a period not to exceed ten 99084
years, and may have a principal payment in the year of their 99085
issuance.99086

       (G) A tax for current operating expenses or for permanent 99087
improvements levied under this section for a specified number of 99088
years may be renewed or replaced in the same manner as a tax for 99089
current operating expenses or for permanent improvements levied 99090
under section 5705.21 of the Revised Code. A tax for current 99091
operating expenses or for permanent improvements levied under this 99092
section for a continuing period of time may be decreased in 99093
accordance with section 5705.261 of the Revised Code.99094

       (H) The submission of a question to the electors under this 99095
section is subject to the limitation on the number of elections 99096
that can be held in a year under section 5705.214 of the Revised 99097
Code.99098

       (I) A school district board of education proposing a ballot 99099
measure under this section to generate local resources for a 99100
project under the school building assistance expedited local 99101
partnership program under section 3318.36 of the Revised Code may 99102
combine the questions under division (D) of this section with a 99103
question for the levy of a property tax to generate moneys for 99104
maintenance of the classroom facilities acquired under that 99105
project as prescribed in section 3318.361 of the Revised Code.99106

       Sec. 5705.25.  (A) A copy of any resolution adopted as 99107
provided in section 5705.19 or 5705.2111 of the Revised Code shall 99108
be certified by the taxing authority to the board of elections of 99109
the proper county not less than ninety days before the general 99110
election in any year, and the board shall submit the proposal to 99111
the electors of the subdivision at the succeeding November 99112
election. Except as otherwise provided in this division, a 99113
resolution to renew an existing levy, regardless of the section of 99114
the Revised Code under which the tax was imposed, shall not be 99115
placed on the ballot unless the question is submitted at the 99116
general election held during the last year the tax to be renewed 99117
or replaced may be extended on the real and public utility 99118
property tax list and duplicate, or at any election held in the 99119
ensuing year. The limitation of the foregoing sentence does not 99120
apply to a resolution to renew and increase or to renew part of an 99121
existing levy that was imposed under section 5705.191 of the 99122
Revised Code to supplement the general fund for the purpose of 99123
making appropriations for one or more of the following purposes: 99124
for public assistance, human or social services, relief, welfare, 99125
hospitalization, health, and support of general hospitals. The 99126
limitation of the second preceding sentence also does not apply to 99127
a resolution that proposes to renew two or more existing levies 99128
imposed under section 5705.21 of the Revised Code, in which case 99129
the question shall be submitted on the date of the general or 99130
primary election held during the last year at least one of the 99131
levies to be renewed may be extended on the real and public 99132
utility property tax list and duplicate, or at any election held 99133
during the ensuing year. For purposes of this section, a levy 99134
shall be considered to be an "existing levy" through the year 99135
following the last year it can be placed on that tax list and 99136
duplicate.99137

       The board shall make the necessary arrangements for the 99138
submission of such questions to the electors of such subdivision, 99139
and the election shall be conducted, canvassed, and certified in 99140
the same manner as regular elections in such subdivision for the 99141
election of county officers. Notice of the election shall be 99142
published in a newspaper of general circulation in the subdivision 99143
once a week for two consecutive weeks, or as provided in section 99144
7.16 of the Revised Code, prior to the election, and, if. If the 99145
board of elections operates and maintains a web site, the board of 99146
elections shall post notice of the election on its web site for 99147
thirty days prior to the election. The notice shall state the 99148
purpose, the proposed increase in rate expressed in dollars and 99149
cents for each one hundred dollars of valuation as well as in 99150
mills for each one dollar of valuation, the number of years during 99151
which the increase will be in effect, the first month and year in 99152
which the tax will be levied, and the time and place of the 99153
election.99154

       (B) The form of the ballots cast at an election held pursuant 99155
to division (A) of this section shall be as follows:99156

       "An additional tax for the benefit of (name of subdivision or 99157
public library) .......... for the purpose of (purpose stated in 99158
the resolution) .......... at a rate not exceeding ...... mills 99159
for each one dollar of valuation, which amounts to (rate expressed 99160
in dollars and cents) ............ for each one hundred dollars of 99161
valuation, for ...... (life of indebtedness or number of years the 99162
levy is to run).99163

        99164

 For the Tax Levy 99165
 Against the Tax Levy  " 99166

        99167

       (C) If the levy is to be in effect for a continuing period of 99168
time, the notice of election and the form of ballot shall so state 99169
instead of setting forth a specified number of years for the levy.99170

       If the tax is to be placed on the current tax list, the form 99171
of the ballot shall be modified by adding, after the statement of 99172
the number of years the levy is to run, the phrase ", commencing 99173
in .......... (first year the tax is to be levied), first due in 99174
calendar year .......... (first calendar year in which the tax 99175
shall be due)."99176

       If the levy submitted is a proposal to renew, increase, or 99177
decrease an existing levy, the form of the ballot specified in 99178
division (B) of this section may be changed by substituting for 99179
the words "An additional" at the beginning of the form, the words 99180
"A renewal of a" in case of a proposal to renew an existing levy 99181
in the same amount; the words "A renewal of ........ mills and an 99182
increase of ...... mills to constitute a" in the case of an 99183
increase; or the words "A renewal of part of an existing levy, 99184
being a reduction of ...... mills, to constitute a" in the case of 99185
a decrease in the proposed levy.99186

       If the levy submitted is a proposal to renew two or more 99187
existing levies imposed under section 5705.21 of the Revised Code, 99188
the form of the ballot specified in division (B) of this section 99189
shall be modified by substituting for the words "an additional 99190
tax" the words "a renewal of ....(insert the number of levies to 99191
be renewed) existing taxes."99192

       The question covered by such resolution shall be submitted as 99193
a separate proposition but may be printed on the same ballot with 99194
any other proposition submitted at the same election, other than 99195
the election of officers. More than one such question may be 99196
submitted at the same election.99197

       (D) A levy voted in excess of the ten-mill limitation under 99198
this section shall be certified to the tax commissioner. In the 99199
first year of the levy, it shall be extended on the tax lists 99200
after the February settlement succeeding the election. If the 99201
additional tax is to be placed upon the tax list of the current 99202
year, as specified in the resolution providing for its submission, 99203
the result of the election shall be certified immediately after 99204
the canvass by the board of elections to the taxing authority, who 99205
shall make the necessary levy and certify it to the county 99206
auditor, who shall extend it on the tax lists for collection. 99207
After the first year, the tax levy shall be included in the annual 99208
tax budget that is certified to the county budget commission.99209

       Sec. 5705.251.  (A) A copy of a resolution adopted under 99210
section 5705.212 or 5705.213 of the Revised Code shall be 99211
certified by the board of education to the board of elections of 99212
the proper county not less than ninety days before the date of the 99213
election specified in the resolution, and the board of elections 99214
shall submit the proposal to the electors of the school district 99215
at a special election to be held on that date. The board of 99216
elections shall make the necessary arrangements for the submission 99217
of the question or questions to the electors of the school 99218
district, and the election shall be conducted, canvassed, and 99219
certified in the same manner as regular elections in the school 99220
district for the election of county officers. Notice of the 99221
election shall be published in a newspaper of general circulation 99222
in the subdivision once a week for two consecutive weeks, or as 99223
provided in section 7.16 of the Revised Code, prior to the 99224
election, and, if. If the board of elections operates and 99225
maintains a web site, the board of elections shall post notice of 99226
the election on its web site for thirty days prior to the 99227
election.99228

       (1) In the case of a resolution adopted under section 99229
5705.212 of the Revised Code, the notice shall state separately, 99230
for each tax being proposed, the purpose; the proposed increase in 99231
rate, expressed in dollars and cents for each one hundred dollars 99232
of valuation as well as in mills for each one dollar of valuation; 99233
the number of years during which the increase will be in effect; 99234
and the first calendar year in which the tax will be due. For an 99235
election on the question of a renewal levy, the notice shall state 99236
the purpose; the proposed rate, expressed in dollars and cents for 99237
each one hundred dollars of valuation as well as in mills for each 99238
one dollar of valuation; and the number of years the tax will be 99239
in effect.99240

       (2) In the case of a resolution adopted under section 99241
5705.213 of the Revised Code, the notice shall state the purpose; 99242
the amount proposed to be raised by the tax in the first year it 99243
is levied; the estimated average additional tax rate for the first 99244
year it is proposed to be levied, expressed in mills for each one 99245
dollar of valuation and in dollars and cents for each one hundred 99246
dollars of valuation; the number of years during which the 99247
increase will be in effect; and the first calendar year in which 99248
the tax will be due. The notice also shall state the amount by 99249
which the amount to be raised by the tax may be increased in each 99250
year after the first year. The amount of the allowable increase 99251
may be expressed in terms of a dollar increase over, or a 99252
percentage of, the amount raised by the tax in the immediately 99253
preceding year. For an election on the question of a renewal levy, 99254
the notice shall state the purpose; the amount proposed to be 99255
raised by the tax; the estimated tax rate, expressed in mills for 99256
each one dollar of valuation and in dollars and cents for each one 99257
hundred dollars of valuation; and the number of years the tax will 99258
be in effect.99259

       In any case, the notice also shall state the time and place 99260
of the election.99261

       (B) The form of the ballot in an election on taxes proposed 99262
under section 5705.212 of the Revised Code shall be as follows:99263

       "Shall the .......... school district be authorized to levy 99264
taxes for current expenses, the aggregate rate of which may 99265
increase in ...... (number) increment(s) of not more than ...... 99266
mill(s) for each dollar of valuation, from an original rate of 99267
...... mill(s) for each dollar of valuation, which amounts to 99268
...... (rate expressed in dollars and cents) for each one hundred 99269
dollars of valuation, to a maximum rate of ...... mill(s) for each 99270
dollar of valuation, which amounts to ...... (rate expressed in 99271
dollars and cents) for each one hundred dollars of valuation? The 99272
original tax is first proposed to be levied in ...... (the first 99273
year of the tax), and the incremental tax in ...... (the first 99274
year of the increment) (if more than one incremental tax is 99275
proposed in the resolution, the first year that each incremental 99276
tax is proposed to be levied shall be stated in the preceding 99277
format, and the increments shall be referred to as the first, 99278
second, third, or fourth increment, depending on their number). 99279
The aggregate rate of tax so authorized will .......... (insert 99280
either, "expire with the original rate of tax which shall be in 99281
effect for ...... years" or "be in effect for a continuing period 99282
of time").99283

        99284

 FOR THE TAX LEVIES 99285
 AGAINST THE TAX LEVIES  " 99286

        99287

       The form of the ballot in an election on the question of a 99288
renewal levy under section 5705.212 of the Revised Code shall be 99289
as follows:99290

       "Shall the ......... school district be authorized to renew a 99291
tax for current expenses at a rate not exceeding ......... mills 99292
for each dollar of valuation, which amounts to ......... (rate 99293
expressed in dollars and cents) for each one hundred dollars of 99294
valuation, for .......... (number of years the levy shall be in 99295
effect, or a continuing period of time)?99296

        99297

 FOR THE TAX LEVY 99298
 AGAINST THE TAX LEVY  " 99299

        99300

       If the tax is to be placed on the current tax list, the form 99301
of the ballot shall be modified by adding, after the statement of 99302
the number of years the levy is to be in effect, the phrase ", 99303
commencing in .......... (first year the tax is to be levied), 99304
first due in calendar year .......... (first calendar year in 99305
which the tax shall be due)."99306

       (C) The form of the ballot in an election on a tax proposed 99307
under section 5705.213 of the Revised Code shall be as follows:99308

       "Shall the ........ school district be authorized to levy the 99309
following tax for current expenses? The tax will first be levied 99310
in ...... (year) to raise ...... (dollars). In the ...... (number 99311
of years) following years, the tax will increase by not more than 99312
...... (per cent or dollar amount of increase) each year, so that, 99313
during ...... (last year of the tax), the tax will raise 99314
approximately ...... (dollars). The county auditor estimates that 99315
the rate of the tax per dollar of valuation will be ...... 99316
mill(s), which amounts to $..... per one hundred dollars of 99317
valuation, both during ...... (first year of the tax) and ...... 99318
mill(s), which amounts to $...... per one hundred dollars of 99319
valuation, during ...... (last year of the tax). The tax will not 99320
be levied after ...... (year).99321

        99322

 FOR THE TAX LEVY 99323
 AGAINST THE TAX LEVY  " 99324

        99325

       The form of the ballot in an election on the question of a 99326
renewal levy under section 5705.213 of the Revised Code shall be 99327
as follows:99328

       "Shall the ......... school district be authorized to renew a 99329
tax for current expenses which will raise ......... (dollars), 99330
estimated by the county auditor to be ......... mills for each 99331
dollar of valuation, which amounts to ......... (rate expressed in 99332
dollars and cents) for each one hundred dollars of valuation? The 99333
tax shall be in effect for ......... (the number of years the levy 99334
shall be in effect, or a continuing period of time).99335

        99336

 FOR THE TAX LEVY 99337
 AGAINST THE TAX LEVY  " 99338

        99339

       If the tax is to be placed on the current tax list, the form 99340
of the ballot shall be modified by adding, after the statement of 99341
the number of years the levy is to be in effect, the phrase ", 99342
commencing in .......... (first year the tax is to be levied), 99343
first due in calendar year .......... (first calendar year in 99344
which the tax shall be due)."99345

       (D) The question covered by a resolution adopted under 99346
section 5705.212 or 5705.213 of the Revised Code shall be 99347
submitted as a separate question, but may be printed on the same 99348
ballot with any other question submitted at the same election, 99349
other than the election of officers. More than one question may be 99350
submitted at the same election.99351

       (E) Taxes voted in excess of the ten-mill limitation under 99352
division (B) or (C) of this section shall be certified to the tax 99353
commissioner. If an additional tax is to be placed upon the tax 99354
list of the current year, as specified in the resolution providing 99355
for its submission, the result of the election shall be certified 99356
immediately after the canvass by the board of elections to the 99357
board of education. The board of education immediately shall make 99358
the necessary levy and certify it to the county auditor, who shall 99359
extend it on the tax list for collection. After the first year, 99360
the levy shall be included in the annual tax budget that is 99361
certified to the county budget commission.99362

       Sec. 5705.261.  The question of decrease of an increased rate 99363
of levy approved for a continuing period of time by the voters of 99364
a subdivision may be initiated by the filing of a petition with 99365
the board of elections of the proper county not less than ninety 99366
days before the general election in any year requesting that an 99367
election be held on such question. Such petition shall state the 99368
amount of the proposed decrease in the rate of levy and shall be 99369
signed by qualified electors residing in the subdivision equal in 99370
number to at least ten per cent of the total number of votes cast 99371
in the subdivision for the office of governor at the most recent 99372
general election for that office. Only one such petition may be 99373
filed during each five-year period following the election at which 99374
the voters approved the increased rate for a continuing period of 99375
time.99376

       After determination by it that such petition is valid, the 99377
board of elections shall submit the question to the electors of 99378
the district at the succeeding general election. The election 99379
shall be conducted, canvassed, and certified in the same manner as 99380
regular elections in such subdivision for county offices. Notice 99381
of the election shall be published in a newspaper of general 99382
circulation in the district once a week for two consecutive weeks, 99383
or as provided in section 7.16 of the Revised Code, prior to the 99384
election, and, if. If the board of elections operates and 99385
maintains a web site, the board of elections shall post notice of 99386
the election on its web site for thirty days prior to the 99387
election. The notice shall state the purpose, the amount of the 99388
proposed decrease in rate, and the time and place of the election. 99389
The form of the ballot cast at such election shall be prescribed 99390
by the secretary of state. The question covered by such petition 99391
shall be submitted as a separate proposition but it may be printed 99392
on the same ballot with any other propositions submitted at the 99393
same election other than the election of officers. If a majority 99394
of the qualified electors voting on the question of a decrease at 99395
such election approve the proposed decrease in rate, the result of 99396
the election shall be certified immediately after the canvass by 99397
the board of elections to the subdivision's taxing authority, 99398
which shall thereupon, after the current year, cease to levy such 99399
increased rate or levy such tax at such reduced rate upon the 99400
duplicate of the subdivision. If notes have been issued in 99401
anticipation of the collection of such levy, the taxing authority 99402
shall continue to levy and collect under authority of the election 99403
authorizing the original levy such amounts as will be sufficient 99404
to pay the principal of and interest on such anticipation notes as 99405
the same fall due.99406

       Sec. 5705.314.  If the board of education of a city, local, 99407
or exempted village school district proposes to change its levy 99408
within the ten-mill limitation in a manner that will result in an 99409
increase in the amount of real property taxes levied by the board 99410
in the tax year the change takes effect, the board shall hold a 99411
public hearing solely on the proposal before adopting a resolution 99412
to implement the proposal. The board shall publish notice of the 99413
hearing in a newspaper of general circulation in the school 99414
district once a week for two consecutive weeks or as provided in 99415
section 7.16 of the Revised Code. The second publication shall be 99416
not less than ten nor more than thirty days before the date of the 99417
hearing. The, and the notice shall include the date, time, place, 99418
and subject of the hearing, and a statement that the change 99419
proposed by the board may result in an increase in the amount of 99420
real property taxes levied by the board. At the time the board 99421
submits the notice for publication, the board shall send a copy of 99422
the notice to the auditor of the county where the school district 99423
is located or, if the school district is located in more than one 99424
county, to the auditor of each of those counties.99425

       Sec. 5705.392. (A) A board of county commissioners may adopt 99426
as a part of its annual appropriation measure a spending plan, or 99427
in the case of an amended appropriation measure, an amended 99428
spending plan, setting forth a quarterly schedule of expenses and 99429
expenditures of all appropriations for the fiscal year from the 99430
county general fund. The spending plan shall be classified to set 99431
forth separately a quarterly schedule of expenses and expenditures 99432
for each office, department, and division, and within each, the 99433
amount appropriated for personal services. Each office, 99434
department, and division shall be limited in its expenses and 99435
expenditures of moneys appropriated from the general fund during 99436
any quarter by the schedule established in the spending plan. The 99437
schedule established in the spending plan shall serve as a 99438
limitation during a quarter on the making of contracts and giving 99439
of orders involving the expenditure of money during that quarter 99440
for purposes of division (D) of section 5705.41 of the Revised 99441
Code.99442

       (B)(1) A board of county commissioners, by resolution, may 99443
adopt a spending plan or an amended spending plan setting forth 99444
separately a quarterly schedule of expenses and expenditures of 99445
appropriations from any county fund, for the second half of a 99446
fiscal year and any subsequent fiscal year, for any county office, 99447
department, or division that has spent or encumbered more than 99448
six-tenths of the amount appropriated for personal services and 99449
payrolls during the first half of any fiscal year.99450

       (2) During any fiscal year, a board of county commissioners, 99451
by resolution, may adopt a spending plan or an amended spending 99452
plan setting forth separately a quarterly schedule of expenses and 99453
expenditures of appropriations from any county fund, for any 99454
county office, department, or division that, during the previous 99455
fiscal year, spent one hundred five per cent or more of the total 99456
amount appropriated by the board in its annual appropriation 99457
measure required by section 5705.38 of the Revised Code. The 99458
spending plan or amended spending plan shall remain in effect 99459
three fiscal years, or until the county officer of the office for 99460
which the plan was adopted is no longer in office, including terms 99461
of office to which the county officer is re-elected, whichever is 99462
later.99463

       (3) At least thirty days before adopting a resolution under 99464
division (B)(1) or (2) of this section, the board of county 99465
commissioners shall provide written notice to each county office, 99466
department, or division for which it intends to adopt a spending 99467
plan or an amended spending plan. The notice shall be sent by 99468
regular first class mail or provided by personal service, and 99469
shall include a copy of the proposed spending plan or proposed 99470
amended spending plan. The county office, department, or division 99471
may meet with the board at any regular session of the board to 99472
comment on the notice, or to express concerns or ask questions 99473
about the proposed spending plan or proposed amended spending 99474
plan.99475

       Sec. 5705.412.  (A) As used in this section, "qualifying 99476
contract" means any agreement for the expenditure of money under 99477
which aggregate payments from the funds included in the school 99478
district's five-year forecast under section 5705.391 of the 99479
Revised Code will exceed the lesser of the following amounts:99480

       (1) Five hundred thousand dollars;99481

       (2) One per cent of the total revenue to be credited in the 99482
current fiscal year to the district's general fund, as specified 99483
in the district's most recent certificate of estimated resources 99484
certified under section 5705.36 of the Revised Code.99485

       (B)(1) Notwithstanding section 5705.41 of the Revised Code, 99486
no school district shall adopt any appropriation measure, make any 99487
qualifying contract, or increase during any school year any wage 99488
or salary schedule unless there is attached thereto a certificate, 99489
signed as required by this section, that the school district has 99490
in effect the authorization to levy taxes including the renewal or 99491
replacement of existing levies which, when combined with the 99492
estimated revenue from all other sources available to the district 99493
at the time of certification, are sufficient to provide the 99494
operating revenues necessary to enable the district to maintain 99495
all personnel and programs for all the days set forth in its 99496
adopted school calendars for the current fiscal year and for a 99497
number of days in succeeding fiscal years equal to the number of 99498
days instruction was held or is scheduled for the current fiscal 99499
year, as follows:99500

       (1)(a) A certificate attached to an appropriation measure 99501
under this section shall cover only the fiscal year in which the 99502
appropriation measure is effective and shall not consider the 99503
renewal or replacement of an existing levy as the authority to 99504
levy taxes that are subject to appropriation in the current fiscal 99505
year unless the renewal or replacement levy has been approved by 99506
the electors and is subject to appropriation in the current fiscal 99507
year. 99508

       (2)(b) A certificate attached, in accordance with this 99509
section, to any qualifying contract shall cover the term of the 99510
contract. 99511

       (3)(c) A certificate attached under this section to a wage or 99512
salary schedule shall cover the term of the schedule.99513

       If the board of education has not adopted a school calendar 99514
for the school year beginning on the first day of the fiscal year 99515
in which a certificate is required, the certificate attached to an 99516
appropriation measure shall include the number of days on which 99517
instruction was held in the preceding fiscal year and other 99518
certificates required under this section shall include that number 99519
of days for the fiscal year in which the certificate is required 99520
and any succeeding fiscal years that the certificate must cover. 99521

       The certificate shall be signed by the treasurer and 99522
president of the board of education and the superintendent of the 99523
school district, unless the district is in a state of fiscal 99524
emergency declared under Chapter 3316. of the Revised Code. In 99525
that case, the certificate shall be signed by a member of the 99526
district's financial planning and supervision commission who is 99527
designated by the commission for this purpose.99528

       (2) In lieu of the certificate required under division (B) of 99529
this section, an alternative certificate stating the following may 99530
be attached:99531

        (a) The contract is a multi-year contract for materials, 99532
equipment, or nonpayroll services essential to the education 99533
program of the district;99534

        (b) The multi-year contract demonstrates savings over the 99535
duration of the contract as compared to costs that otherwise would 99536
have been demonstrated in a single year contract, and the terms 99537
will allow the district to reduce the deficit it is currently 99538
facing in future years as demonstrated in its five-year forecast 99539
adopted in accordance with section 5705.391 of the Revised Code.99540

        The certificate shall be signed by the treasurer and 99541
president of the board of education and the superintendent of the 99542
school district, unless the district is in a state of fiscal 99543
emergency declared under Chapter 3316. of the Revised Code. In 99544
that case, the certificate shall be signed by a member of the 99545
district's financial planning and supervision commission who is 99546
designated by the commission for this purpose. 99547

       (C) Every qualifying contract made or wage or salary schedule 99548
adopted or put into effect without such a certificate shall be 99549
void, and no payment of any amount due thereon shall be made. 99550

       (D) The department of education and the auditor of state 99551
jointly shall adopt rules governing the methods by which 99552
treasurers, presidents of boards of education, superintendents, 99553
and members of financial planning and supervision commissions 99554
shall estimate revenue and determine whether such revenue is 99555
sufficient to provide necessary operating revenue for the purpose 99556
of making certifications required by this section.99557

       (E) The auditor of state shall be responsible for determining 99558
whether school districts are in compliance with this section. At 99559
the time a school district is audited pursuant to section 117.11 99560
of the Revised Code, the auditor of state shall review each 99561
certificate issued under this section since the district's last 99562
audit, and the appropriation measure, contract, or wage and salary 99563
schedule to which such certificate was attached. If the auditor of 99564
state determines that a school district has not complied with this 99565
section with respect to any qualifying contract or wage or salary 99566
schedule, the auditor of state shall notify the prosecuting 99567
attorney for the county, the city director of law, or other chief 99568
law officer of the school district. That officer may file a civil 99569
action in any court of appropriate jurisdiction to seek a 99570
declaration that the contract or wage or salary schedule is void, 99571
to recover for the school district from the payee the amount of 99572
payments already made under it, or both, except that the officer 99573
shall not seek to recover payments made under any collective 99574
bargaining agreement entered into under Chapter 4117. of the 99575
Revised Code. If the officer does not file such an action within 99576
one hundred twenty days after receiving notice of noncompliance 99577
from the auditor of state, any taxpayer may institute the action 99578
in the taxpayer's own name on behalf of the school district.99579

       (F) This section does not apply to any contract or increase 99580
in any wage or salary schedule that is necessary in order to 99581
enable a board of education to comply with division (B) of section 99582
3317.13 of the Revised Code, provided the contract or increase 99583
does not exceed the amount required to be paid to be in compliance 99584
with such division.99585

       (G) Any officer, employee, or other person who expends or 99586
authorizes the expenditure of any public funds or authorizes or 99587
executes any contract or schedule contrary to this section, 99588
expends or authorizes the expenditure of any public funds on the 99589
void contract or schedule, or issues a certificate under this 99590
section which contains any false statements is liable to the 99591
school district for the full amount paid from the district's funds 99592
on the contract or schedule. The officer, employee, or other 99593
person is jointly and severally liable in person and upon any 99594
official bond that the officer, employee, or other person has 99595
given to the school district to the extent of any payments on the 99596
void claim, not to exceed ten thousand dollars. However, no 99597
officer, employee, or other person shall be liable for a mistaken 99598
estimate of available resources made in good faith and based upon 99599
reasonable grounds. If an officer, employee, or other person is 99600
found to have complied with rules jointly adopted by the 99601
department of education and the auditor of state under this 99602
section governing methods by which revenue shall be estimated and 99603
determined sufficient to provide necessary operating revenue for 99604
the purpose of making certifications required by this section, the 99605
officer, employee, or other person shall not be liable under this 99606
section if the estimates and determinations made according to 99607
those rules do not, in fact, conform with actual revenue. The 99608
prosecuting attorney of the county, the city director of law, or 99609
other chief law officer of the district shall enforce this 99610
liability by civil action brought in any court of appropriate 99611
jurisdiction in the name of and on behalf of the school district. 99612
If the prosecuting attorney, city director of law, or other chief 99613
law officer of the district fails, upon the written request of any 99614
taxpayer, to institute action for the enforcement of the 99615
liability, the attorney general, or the taxpayer in the taxpayer's 99616
own name, may institute the action on behalf of the subdivision.99617

       (H) This section does not require the attachment of an 99618
additional certificate beyond that required by section 5705.41 of 99619
the Revised Code for current payrolls of, or contracts of 99620
employment with, any employees or officers of the school district.99621

       This section does not require the attachment of a certificate 99622
to a temporary appropriation measure if all of the following 99623
apply:99624

       (1) The amount appropriated does not exceed twenty-five per 99625
cent of the total amount from all sources available for 99626
expenditure from any fund during the preceding fiscal year;99627

       (2) The measure will not be in effect on or after the 99628
thirtieth day following the earliest date on which the district 99629
may pass an annual appropriation measure;99630

       (3) An amended official certificate of estimated resources 99631
for the current year, if required, has not been certified to the 99632
board of education under division (B) of section 5705.36 of the 99633
Revised Code.99634

       Sec. 5705.71.  (A) The electors of a county may initiate the 99635
question of a tax levy for support of senior citizens services or 99636
facilities by the filing of a petition with the board of elections 99637
of that county not less than ninety days before the date of any 99638
primary or general election requesting that an election be held on 99639
such question. The petition shall be signed by at least ten per 99640
cent of the qualified electors residing in the county and voting 99641
for the office of governor at the last general election.99642

       (B) The petition shall state the purpose for which the senior 99643
citizens tax levy is being proposed, shall specify the amount of 99644
the proposed increase in rate, the period of time during which the 99645
increase is to be in effect, and whether the levy is to be imposed 99646
in the current year. The number of years may be any number not 99647
exceeding five, except that when the additional rate is for the 99648
payment of debt charges the increased rate shall be for the life 99649
of the indebtedness.99650

       (C) After determination by it that such petition is valid, 99651
the board of elections shall submit the question to the electors 99652
of the county at the succeeding primary or general election.99653

       (D) The election shall be conducted, canvassed, and certified 99654
in the same manner as regular elections in such county for county 99655
offices. Notice of the election shall be published in a newspaper 99656
of general circulation in the county once a week for two 99657
consecutive weeks, or as provided in section 7.16 of the Revised 99658
Code, prior to the election, and, if. If the board of elections 99659
operates and maintains a web site, the board of elections shall 99660
post notice of the election on its web site for thirty days prior 99661
to the election. The notice shall state the purpose, the amount of 99662
the proposed increase in rate, and the time and place of the 99663
election.99664

       (E) The form of the ballot cast at such election shall be 99665
prescribed by the secretary of state. If the tax is to be placed 99666
on the tax list of the current tax year, the form of the ballot 99667
shall include a statement to that effect and shall indicate the 99668
first calendar year the tax will be due. The question covered by 99669
such petition shall be submitted as a separate proposition but it 99670
may be printed on the same ballot with any other propositions 99671
submitted at the same election other than the election of 99672
officers.99673

       (F) If a majority of electors voting on the question vote in 99674
favor of the levy, the board of county commissioners shall levy a 99675
tax, for the period and the purpose stated within the petition. If 99676
the tax is to be placed upon the tax list of the current year, as 99677
specified in the petition, the result of the election shall be 99678
certified immediately after the canvass by the board of elections 99679
to the board of county commissioners, which shall forthwith make 99680
the necessary levy and certify it to the county auditor, who shall 99681
extend it on the tax list for collection. After the first year, 99682
the tax levy shall be included in the annual tax budget that is 99683
certified to the county budget commission.99684

       Sec. 5707.031.  As used in this section, "qualifying dealer 99685
in intangibles" has the same meaning as "qualifying dealer" in 99686
section 5725.24 of the Revised Codemeans a dealer in intangibles 99687
that is a qualifying dealer in intangibles as defined in section 99688
5733.45 of the Revised Code or a member of a qualifying controlled 99689
group, as defined in section 5733.04 of the Revised Code, of which 99690
an insurance company also is a member on the first day of January 99691
of the year in and for which the tax imposed by section 5707.03 of 99692
the Revised Code is required to be paid by the dealer.99693

        Upon the issuance of a tax credit certificate by the Ohio 99694
venture capital authority under section 150.07 of the Revised 99695
Code, a refundable credit may be claimed against the tax imposed 99696
on a qualifying dealer in intangibles under section 5707.03 and 99697
Chapter 5725. of the Revised Code. The credit shall be claimed on 99698
a return due under section 5725.14 of the Revised Code after the 99699
certificate is issued by the authority.99700

       Sec. 5709.07.  (A) The following property shall be exempt 99701
from taxation:99702

       (1) Public schoolhouses, the books and furniture in them, and 99703
the ground attached to them necessary for the proper occupancy, 99704
use, and enjoyment of the schoolhouses, and not leased or 99705
otherwise used with a view to profit;99706

       (2) Houses used exclusively for public worship, the books and 99707
furniture in them, and the ground attached to them that is not 99708
leased or otherwise used with a view to profit and that is 99709
necessary for their proper occupancy, use, and enjoyment;99710

       (3) Real property owned and operated by a church that is used 99711
primarily for church retreats or church camping, and that is not 99712
used as a permanent residence. Real property exempted under 99713
division (A)(3) of this section may be made available by the 99714
church on a limited basis to charitable and educational 99715
institutions if the property is not leased or otherwise made 99716
available with a view to profit.99717

       (4) Public colleges and academies and all buildings connected 99718
with them, and all lands connected with public institutions of 99719
learning, not used with a view to profit, including those 99720
buildings and lands that satisfy all of the following:99721

       (a) The buildings are used for housing for full-time students 99722
or housing-related facilities for students, faculty, or employees 99723
of a state university, or for other purposes related to the state 99724
university's educational purpose, and the lands are underneath the 99725
buildings or are used for common space, walkways, and green spaces 99726
for the state university's students, faculty, or employees. As 99727
used in this division, "housing-related facilities" includes both 99728
parking facilities related to the buildings and common buildings 99729
made available to students, faculty, or employees of a state 99730
university. The leasing of space in housing-related facilities 99731
shall not be considered an activity with a view to profit for 99732
purposes of division (A)(4) of this section.99733

       (b) The buildings and lands are supervised or otherwise under 99734
the control, directly or indirectly, of an organization that is 99735
exempt from federal income taxation under section 501(c)(3) of the 99736
Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as 99737
amended, and the state university has entered into a qualifying 99738
joint use agreement with the organization that entitles the 99739
students, faculty, or employees of the state university to use the 99740
lands or buildings;99741

       (c) The state university has agreed, under the terms of the 99742
qualifying joint use agreement with the organization described in 99743
division (A)(4)(b) of this section, that the state university, to 99744
the extent applicable under the agreement, will make payments to 99745
the organization in amounts sufficient to maintain agreed-upon 99746
debt service coverage ratios on bonds related to the lands or 99747
buildings.99748

       (B) This section shall not extend to leasehold estates or 99749
real property held under the authority of a college or university 99750
of learning in this state; but leaseholds, or other estates or 99751
property, real or personal, the rents, issues, profits, and income 99752
of which is given to a municipal corporation, school district, or 99753
subdistrict in this state exclusively for the use, endowment, or 99754
support of schools for the free education of youth without charge 99755
shall be exempt from taxation as long as such property, or the 99756
rents, issues, profits, or income of the property is used and 99757
exclusively applied for the support of free education by such 99758
municipal corporation, district, or subdistrict. Division (B) of 99759
this section shall not apply with respect to buildings and lands 99760
that satisfy all of the requirements specified in divisions 99761
(A)(4)(a) to (c) of this section.99762

       (C) For purposes of this section, if the requirements 99763
specified in divisions (A)(4)(a) to (c) of this section are 99764
satisfied, the buildings and lands with respect to which exemption 99765
is claimed under division (A)(4) of this section shall be deemed 99766
to be used with reasonable certainty in furthering or carrying out 99767
the necessary objects and purposes of a state university.99768

       (D) As used in this section:99769

       (1) "Church" means a fellowship of believers, congregation, 99770
society, corporation, convention, or association that is formed 99771
primarily or exclusively for religious purposes and that is not 99772
formed for the private profit of any person.99773

       (2) "State university" has the same meaning as in section 99774
3345.011 of the Revised Code.99775

       (3) "Qualifying joint use agreement" means an agreement that 99776
satisfies all of the following:99777

       (a) The agreement was entered into before June 30, 2004;99778

       (b) The agreement is between a state university and an 99779
organization that is exempt from federal income taxation under 99780
section 501(c)(3) of the Internal Revenue Code of 1986, 100 Stat. 99781
2085, 26 U.S.C. 1, as amended; and99782

       (c) The state university that is a party to the agreement 99783
reported to the Ohio board of regents that the university 99784
maintained a headcount of at least twenty-five thousand students 99785
on its main campus during the academic school year that began in 99786
calendar year 2003 and ended in calendar year 2004.99787

       Sec. 5709.62.  (A) In any municipal corporation that is 99788
defined by the United States office of management and budget as a 99789
principal city of a metropolitan statistical area, the legislative 99790
authority of the municipal corporation may designate one or more 99791
areas within its municipal corporation as proposed enterprise 99792
zones. Upon designating an area, the legislative authority shall 99793
petition the director of development for certification of the area 99794
as having the characteristics set forth in division (A)(1) of 99795
section 5709.61 of the Revised Code as amended by Substitute 99796
Senate Bill No. 19 of the 120th general assembly. Except as 99797
otherwise provided in division (E) of this section, on and after 99798
July 1, 1994, legislative authorities shall not enter into 99799
agreements under this section unless the legislative authority has 99800
petitioned the director and the director has certified the zone 99801
under this section as amended by that act; however, all agreements 99802
entered into under this section as it existed prior to July 1, 99803
1994, and the incentives granted under those agreements shall 99804
remain in effect for the period agreed to under those agreements. 99805
Within sixty days after receiving such a petition, the director 99806
shall determine whether the area has the characteristics set forth 99807
in division (A)(1) of section 5709.61 of the Revised Code, and 99808
shall forward the findings to the legislative authority of the 99809
municipal corporation. If the director certifies the area as 99810
having those characteristics, and thereby certifies it as a zone, 99811
the legislative authority may enter into an agreement with an 99812
enterprise under division (C) of this section.99813

       (B) Any enterprise that wishes to enter into an agreement 99814
with a municipal corporation under division (C) of this section 99815
shall submit a proposal to the legislative authority of the 99816
municipal corporation on a form prescribed by the director of 99817
development, together with the application fee established under 99818
section 5709.68 of the Revised Code. The form shall require the 99819
following information:99820

       (1) An estimate of the number of new employees whom the 99821
enterprise intends to hire, or of the number of employees whom the 99822
enterprise intends to retain, within the zone at a facility that 99823
is a project site, and an estimate of the amount of payroll of the 99824
enterprise attributable to these employees;99825

       (2) An estimate of the amount to be invested by the 99826
enterprise to establish, expand, renovate, or occupy a facility, 99827
including investment in new buildings, additions or improvements 99828
to existing buildings, machinery, equipment, furniture, fixtures, 99829
and inventory;99830

       (3) A listing of the enterprise's current investment, if any, 99831
in a facility as of the date of the proposal's submission.99832

       The enterprise shall review and update the listings required 99833
under this division to reflect material changes, and any agreement 99834
entered into under division (C) of this section shall set forth 99835
final estimates and listings as of the time the agreement is 99836
entered into. The legislative authority may, on a separate form 99837
and at any time, require any additional information necessary to 99838
determine whether an enterprise is in compliance with an agreement 99839
and to collect the information required to be reported under 99840
section 5709.68 of the Revised Code.99841

       (C) Upon receipt and investigation of a proposal under 99842
division (B) of this section, if the legislative authority finds 99843
that the enterprise submitting the proposal is qualified by 99844
financial responsibility and business experience to create and 99845
preserve employment opportunities in the zone and improve the 99846
economic climate of the municipal corporation, the legislative 99847
authority, on or before October 15, 20112012, may do one of the 99848
following:99849

       (1) Enter into an agreement with the enterprise under which 99850
the enterprise agrees to establish, expand, renovate, or occupy a 99851
facility and hire new employees, or preserve employment 99852
opportunities for existing employees, in return for one or more of 99853
the following incentives:99854

       (a) Exemption for a specified number of years, not to exceed 99855
fifteen, of a specified portion, up to seventy-five per cent, of 99856
the assessed value of tangible personal property first used in 99857
business at the project site as a result of the agreement. If an 99858
exemption for inventory is specifically granted in the agreement 99859
pursuant to this division, the exemption applies to inventory 99860
required to be listed pursuant to sections 5711.15 and 5711.16 of 99861
the Revised Code, except that, in the instance of an expansion or 99862
other situations in which an enterprise was in business at the 99863
facility prior to the establishment of the zone, the inventory 99864
that is exempt is that amount or value of inventory in excess of 99865
the amount or value of inventory required to be listed in the 99866
personal property tax return of the enterprise in the return for 99867
the tax year in which the agreement is entered into.99868

       (b) Exemption for a specified number of years, not to exceed 99869
fifteen, of a specified portion, up to seventy-five per cent, of 99870
the increase in the assessed valuation of real property 99871
constituting the project site subsequent to formal approval of the 99872
agreement by the legislative authority;99873

       (c) Provision for a specified number of years, not to exceed 99874
fifteen, of any optional services or assistance that the municipal 99875
corporation is authorized to provide with regard to the project 99876
site.99877

       (2) Enter into an agreement under which the enterprise agrees 99878
to remediate an environmentally contaminated facility, to spend an 99879
amount equal to at least two hundred fifty per cent of the true 99880
value in money of the real property of the facility prior to 99881
remediation as determined for the purposes of property taxation to 99882
establish, expand, renovate, or occupy the remediated facility, 99883
and to hire new employees or preserve employment opportunities for 99884
existing employees at the remediated facility, in return for one 99885
or more of the following incentives:99886

       (a) Exemption for a specified number of years, not to exceed 99887
fifteen, of a specified portion, not to exceed fifty per cent, of 99888
the assessed valuation of the real property of the facility prior 99889
to remediation;99890

       (b) Exemption for a specified number of years, not to exceed 99891
fifteen, of a specified portion, not to exceed one hundred per 99892
cent, of the increase in the assessed valuation of the real 99893
property of the facility during or after remediation;99894

       (c) The incentive under division (C)(1)(a) of this section, 99895
except that the percentage of the assessed value of such property 99896
exempted from taxation shall not exceed one hundred per cent;99897

       (d) The incentive under division (C)(1)(c) of this section.99898

       (3) Enter into an agreement with an enterprise that plans to 99899
purchase and operate a large manufacturing facility that has 99900
ceased operation or announced its intention to cease operation, in 99901
return for exemption for a specified number of years, not to 99902
exceed fifteen, of a specified portion, up to one hundred per 99903
cent, of the assessed value of tangible personal property used in 99904
business at the project site as a result of the agreement, or of 99905
the assessed valuation of real property constituting the project 99906
site, or both.99907

       (D)(1) Notwithstanding divisions (C)(1)(a) and (b) of this 99908
section, the portion of the assessed value of tangible personal 99909
property or of the increase in the assessed valuation of real 99910
property exempted from taxation under those divisions may exceed 99911
seventy-five per cent in any year for which that portion is 99912
exempted if the average percentage exempted for all years in which 99913
the agreement is in effect does not exceed sixty per cent, or if 99914
the board of education of the city, local, or exempted village 99915
school district within the territory of which the property is or 99916
will be located approves a percentage in excess of seventy-five 99917
per cent.99918

       (2) Notwithstanding any provision of the Revised Code to the 99919
contrary, the exemptions described in divisions (C)(1)(a), (b), 99920
and (c), (C)(2)(a), (b), and (c), and (C)(3) of this section may 99921
be for up to fifteen years if the board of education of the city, 99922
local, or exempted village school district within the territory of 99923
which the property is or will be located approves a number of 99924
years in excess of ten.99925

       (3) For the purpose of obtaining the approval of a city, 99926
local, or exempted village school district under division (D)(1) 99927
or (2) of this section, the legislative authority shall deliver to 99928
the board of education a notice not later than forty-five days 99929
prior to approving the agreement, excluding Saturdays, Sundays, 99930
and legal holidays as defined in section 1.14 of the Revised Code. 99931
The notice shall state the percentage to be exempted, an estimate 99932
of the true value of the property to be exempted, and the number 99933
of years the property is to be exempted. The board of education, 99934
by resolution adopted by a majority of the board, shall approve or 99935
disapprove the agreement and certify a copy of the resolution to 99936
the legislative authority not later than fourteen days prior to 99937
the date stipulated by the legislative authority as the date upon 99938
which approval of the agreement is to be formally considered by 99939
the legislative authority. The board of education may include in 99940
the resolution conditions under which the board would approve the 99941
agreement, including the execution of an agreement to compensate 99942
the school district under division (B) of section 5709.82 of the 99943
Revised Code. The legislative authority may approve the agreement 99944
at any time after the board of education certifies its resolution 99945
approving the agreement to the legislative authority, or, if the 99946
board approves the agreement conditionally, at any time after the 99947
conditions are agreed to by the board and the legislative 99948
authority.99949

       If a board of education has adopted a resolution waiving its 99950
right to approve agreements and the resolution remains in effect, 99951
approval of an agreement by the board is not required under this 99952
division. If a board of education has adopted a resolution 99953
allowing a legislative authority to deliver the notice required 99954
under this division fewer than forty-five business days prior to 99955
the legislative authority's approval of the agreement, the 99956
legislative authority shall deliver the notice to the board not 99957
later than the number of days prior to such approval as prescribed 99958
by the board in its resolution. If a board of education adopts a 99959
resolution waiving its right to approve agreements or shortening 99960
the notification period, the board shall certify a copy of the 99961
resolution to the legislative authority. If the board of education 99962
rescinds such a resolution, it shall certify notice of the 99963
rescission to the legislative authority.99964

       (4) The legislative authority shall comply with section 99965
5709.83 of the Revised Code unless the board of education has 99966
adopted a resolution under that section waiving its right to 99967
receive such notice.99968

       (E) This division applies to zones certified by the director 99969
of development under this section prior to July 22, 1994.99970

       On or before October 15, 20112012, the legislative authority 99971
that designated a zone to which this division applies may enter 99972
into an agreement with an enterprise if the legislative authority 99973
finds that the enterprise satisfies one of the criteria described 99974
in divisions (E)(1) to (5) of this section:99975

       (1) The enterprise currently has no operations in this state 99976
and, subject to approval of the agreement, intends to establish 99977
operations in the zone;99978

       (2) The enterprise currently has operations in this state 99979
and, subject to approval of the agreement, intends to establish 99980
operations at a new location in the zone that would not result in 99981
a reduction in the number of employee positions at any of the 99982
enterprise's other locations in this state;99983

       (3) The enterprise, subject to approval of the agreement, 99984
intends to relocate operations, currently located in another 99985
state, to the zone;99986

       (4) The enterprise, subject to approval of the agreement, 99987
intends to expand operations at an existing site in the zone that 99988
the enterprise currently operates;99989

       (5) The enterprise, subject to approval of the agreement, 99990
intends to relocate operations, currently located in this state, 99991
to the zone, and the director of development has issued a waiver 99992
for the enterprise under division (B) of section 5709.633 of the 99993
Revised Code.99994

       The agreement shall require the enterprise to agree to 99995
establish, expand, renovate, or occupy a facility in the zone and 99996
hire new employees, or preserve employment opportunities for 99997
existing employees, in return for one or more of the incentives 99998
described in division (C) of this section.99999

       (F) All agreements entered into under this section shall be 100000
in the form prescribed under section 5709.631 of the Revised Code. 100001
After an agreement is entered into under this section, if the 100002
legislative authority revokes its designation of a zone, or if the 100003
director of development revokes a zone's certification, any 100004
entitlements granted under the agreement shall continue for the 100005
number of years specified in the agreement.100006

       (G) Except as otherwise provided in this division, an 100007
agreement entered into under this section shall require that the 100008
enterprise pay an annual fee equal to the greater of one per cent 100009
of the dollar value of incentives offered under the agreement or 100010
five hundred dollars; provided, however, that if the value of the 100011
incentives exceeds two hundred fifty thousand dollars, the fee 100012
shall not exceed two thousand five hundred dollars. The fee shall 100013
be payable to the legislative authority once per year for each 100014
year the agreement is effective on the days and in the form 100015
specified in the agreement. Fees paid shall be deposited in a 100016
special fund created for such purpose by the legislative authority 100017
and shall be used by the legislative authority exclusively for the 100018
purpose of complying with section 5709.68 of the Revised Code and 100019
by the tax incentive review council created under section 5709.85 100020
of the Revised Code exclusively for the purposes of performing the 100021
duties prescribed under that section. The legislative authority 100022
may waive or reduce the amount of the fee charged against an 100023
enterprise, but such a waiver or reduction does not affect the 100024
obligations of the legislative authority or the tax incentive 100025
review council to comply with section 5709.68 or 5709.85 of the 100026
Revised Code.100027

       (H) When an agreement is entered into pursuant to this 100028
section, the legislative authority authorizing the agreement shall 100029
forward a copy of the agreement to the director of development and 100030
to the tax commissioner within fifteen days after the agreement is 100031
entered into. If any agreement includes terms not provided for in 100032
section 5709.631 of the Revised Code affecting the revenue of a 100033
city, local, or exempted village school district or causing 100034
revenue to be forgone by the district, including any compensation 100035
to be paid to the school district pursuant to section 5709.82 of 100036
the Revised Code, those terms also shall be forwarded in writing 100037
to the director of development along with the copy of the 100038
agreement forwarded under this division.100039

       (I) After an agreement is entered into, the enterprise shall 100040
file with each personal property tax return required to be filed, 100041
or annual report required to be filed under section 5727.08 of the 100042
Revised Code, while the agreement is in effect, an informational 100043
return, on a form prescribed by the tax commissioner for that 100044
purpose, setting forth separately the property, and related costs 100045
and values, exempted from taxation under the agreement.100046

       (J) Enterprises may agree to give preference to residents of 100047
the zone within which the agreement applies relative to residents 100048
of this state who do not reside in the zone when hiring new 100049
employees under the agreement.100050

       (K) An agreement entered into under this section may include 100051
a provision requiring the enterprise to create one or more 100052
temporary internship positions for students enrolled in a course 100053
of study at a school or other educational institution in the 100054
vicinity, and to create a scholarship or provide another form of 100055
educational financial assistance for students holding such a 100056
position in exchange for the student's commitment to work for the 100057
enterprise at the completion of the internship.100058

       (L) The tax commissioner's authority in determining the 100059
accuracy of any exemption granted by an agreement entered into 100060
under this section is limited to divisions (C)(1)(a) and (b), 100061
(C)(2)(a), (b), and (c), (C)(3), (D), and (I) of this section and 100062
divisions (B)(1) to (10) of section 5709.631 of the Revised Code 100063
and, as authorized by law, to enforcing any modification to, or 100064
revocation of, that agreement by the legislative authority of a 100065
municipal corporation or the director of development.100066

       Sec. 5709.63.  (A) With the consent of the legislative 100067
authority of each affected municipal corporation or of a board of 100068
township trustees, a board of county commissioners may, in the 100069
manner set forth in section 5709.62 of the Revised Code, designate 100070
one or more areas in one or more municipal corporations or in 100071
unincorporated areas of the county as proposed enterprise zones. A 100072
board of county commissioners may designate no more than one area 100073
within a township, or within adjacent townships, as a proposed 100074
enterprise zone. The board shall petition the director of 100075
development for certification of the area as having the 100076
characteristics set forth in division (A)(1) or (2) of section 100077
5709.61 of the Revised Code as amended by Substitute Senate Bill 100078
No. 19 of the 120th general assembly. Except as otherwise provided 100079
in division (D) of this section, on and after July 1, 1994, boards 100080
of county commissioners shall not enter into agreements under this 100081
section unless the board has petitioned the director and the 100082
director has certified the zone under this section as amended by 100083
that act; however, all agreements entered into under this section 100084
as it existed prior to July 1, 1994, and the incentives granted 100085
under those agreements shall remain in effect for the period 100086
agreed to under those agreements. The director shall make the 100087
determination in the manner provided under section 5709.62 of the 100088
Revised Code.100089

       Any enterprise wishing to enter into an agreement with the 100090
board under division (B) or (D) of this section shall submit a 100091
proposal to the board on the form and accompanied by the 100092
application fee prescribed under division (B) of section 5709.62 100093
of the Revised Code. The enterprise shall review and update the 100094
estimates and listings required by the form in the manner required 100095
under that division. The board may, on a separate form and at any 100096
time, require any additional information necessary to determine 100097
whether an enterprise is in compliance with an agreement and to 100098
collect the information required to be reported under section 100099
5709.68 of the Revised Code.100100

       (B) If the board of county commissioners finds that an 100101
enterprise submitting a proposal is qualified by financial 100102
responsibility and business experience to create and preserve 100103
employment opportunities in the zone and to improve the economic 100104
climate of the municipal corporation or municipal corporations or 100105
the unincorporated areas in which the zone is located and to which 100106
the proposal applies, the board, on or before October 15, 2011100107
2012, and with the consent of the legislative authority of each 100108
affected municipal corporation or of the board of township 100109
trustees may do either of the following:100110

       (1) Enter into an agreement with the enterprise under which 100111
the enterprise agrees to establish, expand, renovate, or occupy a 100112
facility in the zone and hire new employees, or preserve 100113
employment opportunities for existing employees, in return for the 100114
following incentives:100115

       (a) When the facility is located in a municipal corporation, 100116
the board may enter into an agreement for one or more of the 100117
incentives provided in division (C) of section 5709.62 of the 100118
Revised Code, subject to division (D) of that section;100119

       (b) When the facility is located in an unincorporated area, 100120
the board may enter into an agreement for one or more of the 100121
following incentives:100122

       (i) Exemption for a specified number of years, not to exceed 100123
fifteen, of a specified portion, up to sixty per cent, of the 100124
assessed value of tangible personal property first used in 100125
business at a project site as a result of the agreement. If an 100126
exemption for inventory is specifically granted in the agreement 100127
pursuant to this division, the exemption applies to inventory 100128
required to be listed pursuant to sections 5711.15 and 5711.16 of 100129
the Revised Code, except, in the instance of an expansion or other 100130
situations in which an enterprise was in business at the facility 100131
prior to the establishment of the zone, the inventory that is 100132
exempt is that amount or value of inventory in excess of the 100133
amount or value of inventory required to be listed in the personal 100134
property tax return of the enterprise in the return for the tax 100135
year in which the agreement is entered into.100136

       (ii) Exemption for a specified number of years, not to exceed 100137
fifteen, of a specified portion, up to sixty per cent, of the 100138
increase in the assessed valuation of real property constituting 100139
the project site subsequent to formal approval of the agreement by 100140
the board;100141

       (iii) Provision for a specified number of years, not to 100142
exceed fifteen, of any optional services or assistance the board 100143
is authorized to provide with regard to the project site;100144

       (iv) The incentive described in division (C)(2) of section 100145
5709.62 of the Revised Code.100146

       (2) Enter into an agreement with an enterprise that plans to 100147
purchase and operate a large manufacturing facility that has 100148
ceased operation or has announced its intention to cease 100149
operation, in return for exemption for a specified number of 100150
years, not to exceed fifteen, of a specified portion, up to one 100151
hundred per cent, of tangible personal property used in business 100152
at the project site as a result of the agreement, or of real 100153
property constituting the project site, or both.100154

       (C)(1)(a) Notwithstanding divisions (B)(1)(b)(i) and (ii) of 100155
this section, the portion of the assessed value of tangible 100156
personal property or of the increase in the assessed valuation of 100157
real property exempted from taxation under those divisions may 100158
exceed sixty per cent in any year for which that portion is 100159
exempted if the average percentage exempted for all years in which 100160
the agreement is in effect does not exceed fifty per cent, or if 100161
the board of education of the city, local, or exempted village 100162
school district within the territory of which the property is or 100163
will be located approves a percentage in excess of sixty per cent.100164

       (b) Notwithstanding any provision of the Revised Code to the 100165
contrary, the exemptions described in divisions (B)(1)(b)(i), 100166
(ii), (iii), and (iv) and (B)(2) of this section may be for up to 100167
fifteen years if the board of education of the city, local, or 100168
exempted village school district within the territory of which the 100169
property is or will be located approves a number of years in 100170
excess of ten.100171

       (c) For the purpose of obtaining the approval of a city, 100172
local, or exempted village school district under division 100173
(C)(1)(a) or (b) of this section, the board of county 100174
commissioners shall deliver to the board of education a notice not 100175
later than forty-five days prior to approving the agreement, 100176
excluding Saturdays, Sundays, and legal holidays as defined in 100177
section 1.14 of the Revised Code. The notice shall state the 100178
percentage to be exempted, an estimate of the true value of the 100179
property to be exempted, and the number of years the property is 100180
to be exempted. The board of education, by resolution adopted by a 100181
majority of the board, shall approve or disapprove the agreement 100182
and certify a copy of the resolution to the board of county 100183
commissioners not later than fourteen days prior to the date 100184
stipulated by the board of county commissioners as the date upon 100185
which approval of the agreement is to be formally considered by 100186
the board of county commissioners. The board of education may 100187
include in the resolution conditions under which the board would 100188
approve the agreement, including the execution of an agreement to 100189
compensate the school district under division (B) of section 100190
5709.82 of the Revised Code. The board of county commissioners may 100191
approve the agreement at any time after the board of education 100192
certifies its resolution approving the agreement to the board of 100193
county commissioners, or, if the board of education approves the 100194
agreement conditionally, at any time after the conditions are 100195
agreed to by the board of education and the board of county 100196
commissioners.100197

       If a board of education has adopted a resolution waiving its 100198
right to approve agreements and the resolution remains in effect, 100199
approval of an agreement by the board of education is not required 100200
under division (C) of this section. If a board of education has 100201
adopted a resolution allowing a board of county commissioners to 100202
deliver the notice required under this division fewer than 100203
forty-five business days prior to approval of the agreement by the 100204
board of county commissioners, the board of county commissioners 100205
shall deliver the notice to the board of education not later than 100206
the number of days prior to such approval as prescribed by the 100207
board of education in its resolution. If a board of education 100208
adopts a resolution waiving its right to approve agreements or 100209
shortening the notification period, the board of education shall 100210
certify a copy of the resolution to the board of county 100211
commissioners. If the board of education rescinds such a 100212
resolution, it shall certify notice of the rescission to the board 100213
of county commissioners.100214

       (2) The board of county commissioners shall comply with 100215
section 5709.83 of the Revised Code unless the board of education 100216
has adopted a resolution under that section waiving its right to 100217
receive such notice.100218

       (D) This division applies to zones certified by the director 100219
of development under this section prior to July 22, 1994.100220

       On or before October 15, 20112012, and with the consent of 100221
the legislative authority of each affected municipal corporation 100222
or board of township trustees of each affected township, the board 100223
of county commissioners that designated a zone to which this 100224
division applies may enter into an agreement with an enterprise if 100225
the board finds that the enterprise satisfies one of the criteria 100226
described in divisions (D)(1) to (5) of this section:100227

       (1) The enterprise currently has no operations in this state 100228
and, subject to approval of the agreement, intends to establish 100229
operations in the zone;100230

       (2) The enterprise currently has operations in this state 100231
and, subject to approval of the agreement, intends to establish 100232
operations at a new location in the zone that would not result in 100233
a reduction in the number of employee positions at any of the 100234
enterprise's other locations in this state;100235

       (3) The enterprise, subject to approval of the agreement, 100236
intends to relocate operations, currently located in another 100237
state, to the zone;100238

       (4) The enterprise, subject to approval of the agreement, 100239
intends to expand operations at an existing site in the zone that 100240
the enterprise currently operates;100241

       (5) The enterprise, subject to approval of the agreement, 100242
intends to relocate operations, currently located in this state, 100243
to the zone, and the director of development has issued a waiver 100244
for the enterprise under division (B) of section 5709.633 of the 100245
Revised Code.100246

       The agreement shall require the enterprise to agree to 100247
establish, expand, renovate, or occupy a facility in the zone and 100248
hire new employees, or preserve employment opportunities for 100249
existing employees, in return for one or more of the incentives 100250
described in division (B) of this section.100251

       (E) All agreements entered into under this section shall be 100252
in the form prescribed under section 5709.631 of the Revised Code. 100253
After an agreement under this section is entered into, if the 100254
board of county commissioners revokes its designation of a zone, 100255
or if the director of development revokes a zone's certification, 100256
any entitlements granted under the agreement shall continue for 100257
the number of years specified in the agreement.100258

       (F) Except as otherwise provided in this division, an 100259
agreement entered into under this section shall require that the 100260
enterprise pay an annual fee equal to the greater of one per cent 100261
of the dollar value of incentives offered under the agreement or 100262
five hundred dollars; provided, however, that if the value of the 100263
incentives exceeds two hundred fifty thousand dollars, the fee 100264
shall not exceed two thousand five hundred dollars. The fee shall 100265
be payable to the board of county commissioners once per year for 100266
each year the agreement is effective on the days and in the form 100267
specified in the agreement. Fees paid shall be deposited in a 100268
special fund created for such purpose by the board and shall be 100269
used by the board exclusively for the purpose of complying with 100270
section 5709.68 of the Revised Code and by the tax incentive 100271
review council created under section 5709.85 of the Revised Code 100272
exclusively for the purposes of performing the duties prescribed 100273
under that section. The board may waive or reduce the amount of 100274
the fee charged against an enterprise, but such waiver or 100275
reduction does not affect the obligations of the board or the tax 100276
incentive review council to comply with section 5709.68 or 5709.85 100277
of the Revised Code, respectively.100278

       (G) With the approval of the legislative authority of a 100279
municipal corporation or the board of township trustees of a 100280
township in which a zone is designated under division (A) of this 100281
section, the board of county commissioners may delegate to that 100282
legislative authority or board any powers and duties of the board 100283
of county commissioners to negotiate and administer agreements 100284
with regard to that zone under this section.100285

       (H) When an agreement is entered into pursuant to this 100286
section, the board of county commissioners authorizing the 100287
agreement or the legislative authority or board of township 100288
trustees that negotiates and administers the agreement shall 100289
forward a copy of the agreement to the director of development and 100290
to the tax commissioner within fifteen days after the agreement is 100291
entered into. If any agreement includes terms not provided for in 100292
section 5709.631 of the Revised Code affecting the revenue of a 100293
city, local, or exempted village school district or causing 100294
revenue to be foregone by the district, including any compensation 100295
to be paid to the school district pursuant to section 5709.82 of 100296
the Revised Code, those terms also shall be forwarded in writing 100297
to the director of development along with the copy of the 100298
agreement forwarded under this division.100299

       (I) After an agreement is entered into, the enterprise shall 100300
file with each personal property tax return required to be filed, 100301
or annual report that is required to be filed under section 100302
5727.08 of the Revised Code, while the agreement is in effect, an 100303
informational return, on a form prescribed by the tax commissioner 100304
for that purpose, setting forth separately the property, and 100305
related costs and values, exempted from taxation under the 100306
agreement.100307

       (J) Enterprises may agree to give preference to residents of 100308
the zone within which the agreement applies relative to residents 100309
of this state who do not reside in the zone when hiring new 100310
employees under the agreement.100311

       (K) An agreement entered into under this section may include 100312
a provision requiring the enterprise to create one or more 100313
temporary internship positions for students enrolled in a course 100314
of study at a school or other educational institution in the 100315
vicinity, and to create a scholarship or provide another form of 100316
educational financial assistance for students holding such a 100317
position in exchange for the student's commitment to work for the 100318
enterprise at the completion of the internship.100319

       (L) The tax commissioner's authority in determining the 100320
accuracy of any exemption granted by an agreement entered into 100321
under this section is limited to divisions (B)(1)(b)(i) and (ii), 100322
(B)(2), (C), and (I) of this section, division (B)(1)(b)(iv) of 100323
this section as it pertains to divisions (C)(2)(a), (b), and (c) 100324
of section 5709.62 of the Revised Code, and divisions (B)(1) to 100325
(10) of section 5709.631 of the Revised Code and, as authorized by 100326
law, to enforcing any modification to, or revocation of, that 100327
agreement by the board of county commissioners or the director of 100328
development or, if the board's powers and duties are delegated 100329
under division (G) of this section, by the legislative authority 100330
of a municipal corporation or board of township trustees.100331

       Sec. 5709.632.  (A)(1) The legislative authority of a 100332
municipal corporation defined by the United States office of 100333
management and budget as a principal city of a metropolitan 100334
statistical area may, in the manner set forth in section 5709.62 100335
of the Revised Code, designate one or more areas in the municipal 100336
corporation as a proposed enterprise zone.100337

       (2) With the consent of the legislative authority of each 100338
affected municipal corporation or of a board of township trustees, 100339
a board of county commissioners may, in the manner set forth in 100340
section 5709.62 of the Revised Code, designate one or more areas 100341
in one or more municipal corporations or in unincorporated areas 100342
of the county as proposed urban jobs and enterprise zones, except 100343
that a board of county commissioners may designate no more than 100344
one area within a township, or within adjacent townships, as a 100345
proposed urban jobs and enterprise zone.100346

       (3) The legislative authority or board of county 100347
commissioners may petition the director of development for 100348
certification of the area as having the characteristics set forth 100349
in division (A)(3) of section 5709.61 of the Revised Code. Within 100350
sixty days after receiving such a petition, the director shall 100351
determine whether the area has the characteristics set forth in 100352
that division and forward the findings to the legislative 100353
authority or board of county commissioners. If the director 100354
certifies the area as having those characteristics and thereby 100355
certifies it as a zone, the legislative authority or board may 100356
enter into agreements with enterprises under division (B) of this 100357
section. Any enterprise wishing to enter into an agreement with a 100358
legislative authority or board of county commissioners under this 100359
section and satisfying one of the criteria described in divisions 100360
(B)(1) to (5) of this section shall submit a proposal to the 100361
legislative authority or board on the form prescribed under 100362
division (B) of section 5709.62 of the Revised Code and shall 100363
review and update the estimates and listings required by the form 100364
in the manner required under that division. The legislative 100365
authority or board may, on a separate form and at any time, 100366
require any additional information necessary to determine whether 100367
an enterprise is in compliance with an agreement and to collect 100368
the information required to be reported under section 5709.68 of 100369
the Revised Code.100370

       (B) Prior to entering into an agreement with an enterprise, 100371
the legislative authority or board of county commissioners shall 100372
determine whether the enterprise submitting the proposal is 100373
qualified by financial responsibility and business experience to 100374
create and preserve employment opportunities in the zone and to 100375
improve the economic climate of the municipal corporation or 100376
municipal corporations or the unincorporated areas in which the 100377
zone is located and to which the proposal applies, and whether the 100378
enterprise satisfies one of the following criteria:100379

       (1) The enterprise currently has no operations in this state 100380
and, subject to approval of the agreement, intends to establish 100381
operations in the zone;100382

       (2) The enterprise currently has operations in this state 100383
and, subject to approval of the agreement, intends to establish 100384
operations at a new location in the zone that would not result in 100385
a reduction in the number of employee positions at any of the 100386
enterprise's other locations in this state;100387

       (3) The enterprise, subject to approval of the agreement, 100388
intends to relocate operations, currently located in another 100389
state, to the zone;100390

       (4) The enterprise, subject to approval of the agreement, 100391
intends to expand operations at an existing site in the zone that 100392
the enterprise currently operates;100393

       (5) The enterprise, subject to approval of the agreement, 100394
intends to relocate operations, currently located in this state, 100395
to the zone, and the director of development has issued a waiver 100396
for the enterprise under division (B) of section 5709.633 of the 100397
Revised Code.100398

       (C) If the legislative authority or board determines that the 100399
enterprise is so qualified and satisfies one of the criteria 100400
described in divisions (B)(1) to (5) of this section, the 100401
legislative authority or board may, after complying with section 100402
5709.83 of the Revised Code and on or before October 15, 2011100403
2012, and, in the case of a board of commissioners, with the 100404
consent of the legislative authority of each affected municipal 100405
corporation or of the board of township trustees, enter into an 100406
agreement with the enterprise under which the enterprise agrees to 100407
establish, expand, renovate, or occupy a facility in the zone and 100408
hire new employees, or preserve employment opportunities for 100409
existing employees, in return for the following incentives:100410

       (1) When the facility is located in a municipal corporation, 100411
a legislative authority or board of commissioners may enter into 100412
an agreement for one or more of the incentives provided in 100413
division (C) of section 5709.62 of the Revised Code, subject to 100414
division (D) of that section;100415

       (2) When the facility is located in an unincorporated area, a 100416
board of commissioners may enter into an agreement for one or more 100417
of the incentives provided in divisions (B)(1)(b), (B)(2), and 100418
(B)(3) of section 5709.63 of the Revised Code, subject to division 100419
(C) of that section.100420

       (D) All agreements entered into under this section shall be 100421
in the form prescribed under section 5709.631 of the Revised Code. 100422
After an agreement under this section is entered into, if the 100423
legislative authority or board of county commissioners revokes its 100424
designation of the zone, or if the director of development revokes 100425
the zone's certification, any entitlements granted under the 100426
agreement shall continue for the number of years specified in the 100427
agreement.100428

       (E) Except as otherwise provided in this division, an 100429
agreement entered into under this section shall require that the 100430
enterprise pay an annual fee equal to the greater of one per cent 100431
of the dollar value of incentives offered under the agreement or 100432
five hundred dollars; provided, however, that if the value of the 100433
incentives exceeds two hundred fifty thousand dollars, the fee 100434
shall not exceed two thousand five hundred dollars. The fee shall 100435
be payable to the legislative authority or board of commissioners 100436
once per year for each year the agreement is effective on the days 100437
and in the form specified in the agreement. Fees paid shall be 100438
deposited in a special fund created for such purpose by the 100439
legislative authority or board and shall be used by the 100440
legislative authority or board exclusively for the purpose of 100441
complying with section 5709.68 of the Revised Code and by the tax 100442
incentive review council created under section 5709.85 of the 100443
Revised Code exclusively for the purposes of performing the duties 100444
prescribed under that section. The legislative authority or board 100445
may waive or reduce the amount of the fee charged against an 100446
enterprise, but such waiver or reduction does not affect the 100447
obligations of the legislative authority or board or the tax 100448
incentive review council to comply with section 5709.68 or 5709.85 100449
of the Revised Code, respectively.100450

       (F) With the approval of the legislative authority of a 100451
municipal corporation or the board of township trustees of a 100452
township in which a zone is designated under division (A)(2) of 100453
this section, the board of county commissioners may delegate to 100454
that legislative authority or board any powers and duties of the 100455
board to negotiate and administer agreements with regard to that 100456
zone under this section.100457

       (G) When an agreement is entered into pursuant to this 100458
section, the legislative authority or board of commissioners 100459
authorizing the agreement shall forward a copy of the agreement to 100460
the director of development and to the tax commissioner within 100461
fifteen days after the agreement is entered into. If any agreement 100462
includes terms not provided for in section 5709.631 of the Revised 100463
Code affecting the revenue of a city, local, or exempted village 100464
school district or causing revenue to be forgone by the district, 100465
including any compensation to be paid to the school district 100466
pursuant to section 5709.82 of the Revised Code, those terms also 100467
shall be forwarded in writing to the director of development along 100468
with the copy of the agreement forwarded under this division.100469

       (H) After an agreement is entered into, the enterprise shall 100470
file with each personal property tax return required to be filed 100471
while the agreement is in effect, an informational return, on a 100472
form prescribed by the tax commissioner for that purpose, setting 100473
forth separately the property, and related costs and values, 100474
exempted from taxation under the agreement.100475

       (I) An agreement entered into under this section may include 100476
a provision requiring the enterprise to create one or more 100477
temporary internship positions for students enrolled in a course 100478
of study at a school or other educational institution in the 100479
vicinity, and to create a scholarship or provide another form of 100480
educational financial assistance for students holding such a 100481
position in exchange for the student's commitment to work for the 100482
enterprise at the completion of the internship.100483

       Sec. 5713.01.  (A) Each county shall be the unit for 100484
assessing real estate for taxation purposes. The county auditor 100485
shall be the assessor of all the real estate in the auditor's 100486
county for purposes of taxation, but this section does not affect 100487
the power conferred by Chapter 5727. of the Revised Code upon the 100488
tax commissioner regarding the valuation and assessment of real 100489
property used in railroad operations.100490

       (B) The auditor shall assess all the real estate situated in 100491
the county at its taxable value in accordance with sections 100492
5713.03, 5713.31, and 5715.01 of the Revised Code and with the 100493
rules and methods applicable to the auditor's county adopted, 100494
prescribed, and promulgated by the tax commissioner. The auditor 100495
shall view and appraise or cause to be viewed and appraised at its 100496
true value in money, each lot or parcel of real estate, including 100497
land devoted exclusively to agricultural use, and the improvements 100498
located thereon at least once in each six-year period and the 100499
taxable values required to be derived therefrom shall be placed on 100500
the auditor's tax list and the county treasurer's duplicate for 100501
the tax year ordered by the commissioner pursuant to section 100502
5715.34 of the Revised Code. The commissioner may grant an 100503
extension of one year or less if the commissioner finds that good 100504
cause exists for the extension. When the auditor so views and 100505
appraises, the auditor may enter each structure located thereon to 100506
determine by actual view what improvements have been made therein 100507
or additions made thereto since the next preceding valuation. The 100508
auditor shall revalue and assess at any time all or any part of 100509
the real estate in such county, including land devoted exclusively 100510
to agricultural use, where the auditor finds that the true or 100511
taxable values thereof have changed, and when a conservation 100512
easement is created under sections 5301.67 to 5301.70 of the 100513
Revised Code. The auditor may increase or decrease the true or 100514
taxable value of any lot or parcel of real estate in any township, 100515
municipal corporation, or other taxing district by an amount which 100516
will cause all real property on the tax list to be valued as 100517
required by law, or the auditor may increase or decrease the 100518
aggregate value of all real property, or any class of real 100519
property, in the county, township, municipal corporation, or other 100520
taxing district, or in any ward or other division of a municipal 100521
corporation by a per cent or amount which will cause all property 100522
to be properly valued and assessed for taxation in accordance with 100523
Section 36, Article II, Section 2, Article XII, Ohio Constitution, 100524
this section, and sections 5713.03, 5713.31, and 5715.01 of the 100525
Revised Code.100526

       (C) When the auditor determines to reappraise all the real 100527
estate in the county or any class thereof, when the tax 100528
commissioner orders an increase in the aggregate true or taxable 100529
value of the real estate in any taxing subdivision, or when the 100530
taxable value of real estate is increased by the application of a 100531
uniform taxable value per cent of true value pursuant to the order 100532
of the commissioner, the auditor shall advertise the completion of 100533
the reappraisal or equalization action in a newspaper of general 100534
circulation in the county once a week for the three consecutive 100535
weeks next preceding the issuance of the tax bills, or as provided 100536
in section 7.16 of the Revised Code for the two consecutive weeks 100537
next preceding the issuance of the tax bills. When the auditor 100538
changes the true or taxable value of any individual parcels of 100539
real estate, the auditor shall notify the owner of the real 100540
estate, or the person in whose name the same stands charged on the 100541
duplicate, by mail or in person, of the changes the auditor has 100542
made in the assessments of such property. Such notice shall be 100543
given at least thirty days prior to the issuance of the tax bills. 100544
Failure to receive notice shall not invalidate any proceeding 100545
under this section.100546

       (D) The auditor shall make the necessary abstracts from books 100547
of the auditor's office containing descriptions of real estate in 100548
such county, together with such platbooks and lists of transfers 100549
of title to land as the auditor deems necessary in the performance 100550
of the auditor's duties in valuing such property for taxation. 100551
Such abstracts, platbooks, and lists shall be in such form and 100552
detail as the tax commissioner prescribes.100553

       (E) The auditor, with the approval of the tax commissioner, 100554
may appoint and employ such experts, deputies, clerks, or other 100555
employees as the auditor deems necessary to the performance of the 100556
auditor's duties as assessor, or, with the approval of the tax 100557
commissioner, the auditor may enter into a contract with an 100558
individual, partnership, firm, company, or corporation to do all 100559
or any part of the work; the amount to be expended in the payment 100560
of the compensation of such employees shall be fixed by the board 100561
of county commissioners. If, in the opinion of the auditor, the 100562
board of county commissioners fails to provide a sufficient amount 100563
for the compensation of such employees, the auditor may apply to 100564
the tax commissioner for an additional allowance, and the 100565
additional amount of compensation allowed by the commissioner 100566
shall be certified to the board of county commissioners, and the 100567
same shall be final. The salaries and compensation of such 100568
experts, deputies, clerks, and employees shall be paid upon the 100569
warrant of the auditor out of the general fund or the real estate 100570
assessment fund of the county, or both. If the salaries and 100571
compensation are in whole or in part fixed by the commissioner, 100572
they shall constitute a charge against the county regardless of 100573
the amount of money in the county treasury levied or appropriated 100574
for such purposes.100575

       (F) Any contract for goods or services related to the 100576
auditor's duties as assessor, including contracts for mapping, 100577
computers, and reproduction on any medium of any documents, 100578
records, photographs, microfiche, or magnetic tapes, but not 100579
including contracts for the professional services of an appraiser, 100580
shall be awarded pursuant to the competitive bidding procedures 100581
set forth in sections 307.86 to 307.92 of the Revised Code and 100582
shall be paid for, upon the warrant of the auditor, from the real 100583
estate assessment fund.100584

       (G) Experts, deputies, clerks, and other employees, in 100585
addition to their other duties, shall perform such services as the 100586
auditor directs in ascertaining such facts, description, location, 100587
character, dimensions of buildings and improvements, and other 100588
circumstances reflecting upon the value of real estate as will aid 100589
the auditor in fixing its true and taxable value and, in the case 100590
of land valued in accordance with section 5713.31 of the Revised 100591
Code, its current agricultural use value. The auditor may also 100592
summon and examine any person under oath in respect to any matter 100593
pertaining to the value of any real property within the county.100594

       Sec. 5715.17.  When the county board of revision has 100595
completed its work of equalization and transmitted the returns to100596
himthe county auditor, the county auditor shall give notice by 100597
advertising in two newspapers of opposite politics published in 100598
anda newspaper of general circulation throughout the county that 100599
the tax returns for the current year have been revised and the 100600
valuations have been completed and are open for public inspection 100601
in histhe auditor's office, and that complaints against any 100602
valuation or assessment, except the valuations fixed and 100603
assessments made by the department of taxation, will be heard by 100604
the board, stating in the notice the time and place of the meeting 100605
of such board. Such advertisement shall be inserted in a 100606
conspicuous place in each such newspaper and be published daily 100607
for ten days, unless there is no daily newspaper published in and 100608
of general circulation throughout such county, in which event such 100609
advertisement shall be so published once each week for two weeks100610
or as provided in section 7.16 of the Revised Code.100611

       The auditor shall, upon request, furnish to any person a 100612
certificate setting forth the assessment and valuation of any 100613
tract, lot, or parcel of real estate or any specific personal 100614
property, and mail the same when requested to do so upon receipt 100615
of sufficient postage.100616

       The auditor shall furnish notice to boards of education of 100617
school districts within the county of all hearings, and the 100618
results of such hearings, held in regard to the reduction or 100619
increasing of tax valuations in excess of one hundred thousand 100620
dollars directly affecting the revenue of such district.100621

       Sec. 5715.23.  Annually, immediately after the county board 100622
of revision has acted upon the assessments for the current year as 100623
required under section 5715.16 of the Revised Code and the county 100624
auditor has given notice by advertisement in two newspapersa 100625
newspaper of general circulation in the county that the valuations 100626
have been revised and are open for public inspection as provided 100627
in section 5715.17 of the Revised Code, each auditor shall make 100628
out and transmit to the tax commissioner an abstract of the real 100629
property of each taxing district in histhe auditor's county, in 100630
which hethe auditor shall set forth the aggregate amount and 100631
valuation of each class of real property in such county and in 100632
each taxing district therein as it appears on histhe auditor's100633
tax list or the statements and returns on file in histhe 100634
auditor's office and an abstract of the current year's true value 100635
of land valued for such year under section 5713.31 of the Revised 100636
Code as it appears in the current year's agricultural land tax 100637
list.100638

       Sec. 5715.26.  (A)(1) Upon receiving the statement required 100639
by section 5715.25 of the Revised Code, the county auditor shall 100640
forthwith add to or deduct from each tract, lot, or parcel of real 100641
property or class of real property the required percentage or 100642
amount of the valuation thereof, adding or deducting any sum less 100643
than five dollars so that the value of any separate tract, lot, or 100644
parcel of real property shall be ten dollars or some multiple 100645
thereof.100646

       (2) After making the additions or deductions required by this 100647
section, the auditor shall transmit to the tax commissioner the 100648
appropriate adjusted abstract of the real property of each taxing 100649
district in the auditor's county in which an adjustment was 100650
required.100651

       (3) If the commissioner increases or decreases the aggregate 100652
value of the real property or any class thereof in any county or 100653
taxing district thereof and does not receive within ninety days 100654
thereafter an adjusted abstract conforming to its statement for 100655
such county or taxing district therein, the commissioner shall 100656
withhold from such county or taxing district therein fifty per 100657
cent of its share in the distribution of state revenues to local 100658
governments pursuant to sections 5747.50 to 5747.55 of the Revised 100659
Code and shall direct the department of education to withhold 100660
therefrom fifty per cent of state revenues to school districts 100661
pursuant to Chapters 3306. andChapter 3317. of the Revised Code. 100662
The commissioner shall withhold the distribution of such funds 100663
until such county auditor has complied with this division, and the 100664
department shall withhold the distribution of such funds until the 100665
commissioner has notified the department that such county auditor 100666
has complied with this division.100667

       (B)(1) If the commissioner's determination is appealed under 100668
section 5715.251 of the Revised Code, the county auditor, 100669
treasurer, and all other officers shall forthwith proceed with the 100670
levy and collection of the current year's taxes in the manner 100671
prescribed by law. The taxes shall be determined and collected as 100672
if the commissioner had determined under section 5715.24 of the 100673
Revised Code that the real property and the various classes 100674
thereof in the county as shown in the auditor's abstract were 100675
assessed for taxation and the true and agricultural use values 100676
were recorded on the agricultural land tax list as required by 100677
law.100678

       (2) If as a result of the appeal to the board it is finally 100679
determined either that all real property and the various classes 100680
thereof have not been assessed as required by law or that the 100681
values set forth in the agricultural land tax list do not 100682
correctly reflect the true and agricultural use values of the 100683
lands contained therein, the county auditor shall forthwith add to 100684
or deduct from each tract, lot, or parcel of real property or 100685
class of real property the required percentage or amount of the 100686
valuation in accordance with the order of the board or judgment of 100687
the court to which the board's order was appealed, and the taxes 100688
on each tract, lot, or parcel and the percentages required by 100689
section 319.301 of the Revised Code shall be recomputed using the 100690
valuation as finally determined. The order or judgment making the 100691
final determination shall prescribe the time and manner for 100692
collecting, crediting, or refunding the resultant increases or 100693
decreases in taxes.100694

       Sec. 5719.04.  (A) Immediately after each settlement required 100695
by division (D) of section 321.24 of the Revised Code the county 100696
auditor shall make a tax list and duplicates thereof of all 100697
general personal and classified property taxes remaining unpaid, 100698
as shown by the county treasurer's books and the list of taxes 100699
returned as delinquent by the treasurer to the auditor at such 100700
settlement. The county auditor shall also include in such list all 100701
taxes assessed by the tax commissioner pursuant to law which were 100702
not charged upon the tax lists and duplicates on which such 100703
settlements were made nor previously charged upon a delinquent tax 100704
list and duplicates pursuant to this section, but the auditor 100705
shall not include taxes specifically excepted from collection 100706
pursuant to section 5711.32 of the Revised Code. Such tax list and 100707
duplicates shall contain the name of the person charged and the 100708
amount of such taxes, and the penalty, due and unpaid, and shall 100709
set forth separately the amount charged or chargeable on the 100710
general and on the classified list and duplicate. The auditor 100711
shall deliver one such duplicate to the treasurer on the first day 100712
of December, annually. Upon receipt of the duplicate the treasurer 100713
may prepare and mail tax bills to all persons charged with such 100714
delinquent taxes. Each bill shall include a notice that the 100715
interest charge prescribed by section 5719.041 of the Revised Code 100716
has begun to accrue.100717

       The auditor shall cause a copy of the delinquent personal and 100718
classified property tax list and duplicate provided for in this 100719
division to be published twice within sixty days after delivery of 100720
such duplicate to the treasurer in a newspaper published in the 100721
English language in the county and of general circulation therein; 100722
provided that beforein the county. The newspaper shall meet the 100723
requirements of section 7.12 of the Revised Code. The auditor may 100724
publish the tax list on a pre-printed insert in the newspaper. The 100725
cost of the second publication of the list shall not exceed 100726
three-fourths of the cost of the first publication of the list.100727

       Before such publication, the auditor shall cause a display 100728
notice of the forthcoming publication of such delinquent personal 100729
and classified property tax list to be inserted once a week for 100730
two consecutive weeks in a newspaper published in the English 100731
language in the county and of general circulation thereinin the 100732
county. Copy for such display notice shall be furnished by the 100733
auditor to the newspaper selected to publish such delinquent tax 100734
lists simultaneously with the delivery of the duplicate to the 100735
treasurer. If there is only one newspaper published in the county, 100736
such display notice and delinquent personal and classified 100737
property tax lists shall be published in it. Publication of the 100738
delinquent lists may be made by a newspaper in installments, 100739
provided that complete publication thereof is made twice during 100740
said sixty-day period.100741

       The office of the county treasurer shall be kept open to 100742
receive the payment of delinquent general and classified property 100743
taxes from the day of delivery of the duplicate thereof until the 100744
final publication of the delinquent tax list. The name of any 100745
taxpayer who prior to seven days before either the first or second 100746
publication of said list pays such taxes in full or enters into a 100747
delinquent tax contract to pay such taxes in installments pursuant 100748
to section 5719.05 of the Revised Code shall be stricken from such 100749
list, and the taxpayer's name shall not be included in the list 100750
for that publication.100751

       The other such duplicate, from which shall first be 100752
eliminated the names of persons whose total liability for taxes 100753
and penalty is less than one hundred dollars, shall be filed by 100754
the auditor on the first day of December, annually, in the office 100755
of the county recorder, and the same shall constitute a notice of 100756
lien and operate as of the date of delivery as a lien on the lands 100757
and tenements, vested legal interests therein, and permanent 100758
leasehold estates of each person named therein having such real 100759
estate in such county. Such notice of lien and such lien shall not 100760
be valid as against any mortgagee, pledgee, purchaser, or judgment 100761
creditor whose rights have attached prior to the date of such 100762
delivery. Such duplicate shall be kept by the recorder, designated 100763
as the personal tax lien record, and indexed under the name of the 100764
person charged with such tax. No fee shall be charged by the 100765
recorder for the services required under this section.100766

       The auditor shall add to the tax list made pursuant to this 100767
section all such taxes omitted in a previous year when assessed by 100768
the auditor or finally assessed by the tax commissioner pursuant 100769
to law, and by proper certificates cause the same to be added to 100770
the treasurer's delinquent tax duplicate provided for in this 100771
section, and, in proper cases, file notice of the lien with the 100772
recorder, as provided in this section.100773

       If the authority making any assessment believes that the 100774
collection of such taxes will be jeopardized by delay, such 100775
assessing authority shall so certify on the assessment certificate 100776
thereof, and the auditor shall include a certificate of such 100777
jeopardy in the certificate given by the auditor to the treasurer. 100778
In such event the treasurer shall proceed immediately to collect 100779
such taxes, and to enforce the collection thereof by any means 100780
provided by law, and the treasurer may not accept a tender of any 100781
part of such taxes; but the person or the representatives of the 100782
person against whom such assessment is made may, in the event of 100783
an appeal to the tax commissioner therefrom, obtain a stay of 100784
collection of the whole or any part of the amount of such 100785
assessment by filing with the treasurer a bond in an amount not 100786
exceeding double the amount as to which the stay is desired, with 100787
such surety as the treasurer deems necessary, conditioned upon the 100788
payment of the amount determined to be due by the decision of the 100789
commissioner which has become final, and further conditioned that 100790
if an appeal is not filed within the period provided by law, the 100791
amount of collection which is stayed by the bond will be paid on 100792
notice and demand of the treasurer at any time after the 100793
expiration of such period. The taxpayer may waive such stay as to 100794
the whole or any part of the amount covered by the bond, and if as 100795
the result of such waiver any part of the amount covered by the 100796
bond is paid, then the bond shall be proportionately reduced on 100797
the request of the taxpayer.100798

       (B) Immediately after each settlement required by division 100799
(D) of section 321.24 of the Revised Code the auditor shall make a 100800
separate list and duplicate, prepared as prescribed in division 100801
(A) of this section, of all general personal and classified 100802
property taxes that remain unpaid but are excepted from collection 100803
pursuant to section 5711.32 of the Revised Code. The duplicate of 100804
such list shall be delivered to the treasurer at the time of 100805
delivery of the delinquent personal and classified property tax 100806
duplicate.100807

       Sec. 5721.01.  (A) As used in this chapter:100808

       (1) "Delinquent lands" means all lands upon which delinquent 100809
taxes, as defined in section 323.01 of the Revised Code, remain 100810
unpaid at the time a settlement is made between the county 100811
treasurer and auditor pursuant to division (C) of section 321.24 100812
of the Revised Code.100813

       (2) "Delinquent vacant lands" means all lands that have been 100814
delinquent lands for at least one year and that are unimproved by 100815
any dwelling.100816

       (3) "County land reutilization corporation" means a county 100817
land reutilization corporation organized under Chapter 1724. of 100818
the Revised Code.100819

       (B) As used in sections 5719.04, 5721.03, and 5721.31 of the 100820
Revised Code and in any other sections of the Revised Code to 100821
which those sections are applicable, a "newspaper" or "newspaper 100822
of general circulation shall be a publication bearing a title or 100823
name, regularly issued as frequently as once a week for a definite 100824
price or consideration paid for by not less than fifty per cent of 100825
those to whom distribution is made, having a second class mailing 100826
privilege, being not less than four pages, published continuously 100827
during the immediately preceding one-year period, and circulated 100828
generally in the political subdivision in which it is published. 100829
Such publication shall be of a type to which the general public 100830
resorts for passing events of a political, religious, commercial, 100831
and social nature, current happenings, announcements, 100832
miscellaneous reading matter, advertisements, and other notices" 100833
has the same meaning as in section 7.12 of the Revised Code.100834

       Sec. 5721.03.  (A) At the time of making the delinquent land 100835
list, as provided in section 5721.011 of the Revised Code, the 100836
county auditor shall compile a delinquent tax list consisting of 100837
all lands on the delinquent land list on which taxes have become 100838
delinquent at the close of the collection period immediately 100839
preceding the making of the delinquent land list. The auditor 100840
shall also compile a delinquent vacant land tax list of all 100841
delinquent vacant lands prior to the institution of any 100842
foreclosure and forfeiture actions against delinquent vacant lands 100843
under section 5721.14 of the Revised Code or any foreclosure 100844
actions against delinquent vacant lands under section 5721.18 of 100845
the Revised Code.100846

       The delinquent tax list, and the delinquent vacant land tax 100847
list if one is compiled, shall contain all of the information 100848
included on the delinquent land list, except that, if the 100849
auditor's records show that the name of the person in whose name 100850
the property currently is listed is not the name that appears on 100851
the delinquent land list, the name used in the delinquent tax list 100852
or the delinquent vacant land tax list shall be the name of the 100853
person the auditor's records show as the person in whose name the 100854
property currently is listed.100855

       Lands that have been included in a previously published 100856
delinquent tax list shall not be included in the delinquent tax 100857
list so long as taxes have remained delinquent on such lands for 100858
the entire intervening time.100859

       In either list, there may be included lands that have been 100860
omitted in error from a prior list and lands with respect to which 100861
the auditor has received a certification that a delinquent tax 100862
contract has become void since the publication of the last 100863
previously published list, provided the name of the owner was 100864
stricken from a prior list under section 5721.02 of the Revised 100865
Code.100866

       (B)(1) The auditor shall cause the delinquent tax list and 100867
the delinquent vacant land tax list, if one is compiled, to be 100868
published twice within sixty days after the delivery of the 100869
delinquent land duplicate to the county treasurer, in a newspaper 100870
of general circulation in the county. The newspaper shall meet the 100871
requirements of section 7.12 of the Revised Code. The publication 100872
shall be printed in the English languageauditor may publish the 100873
list or lists on a pre-printed insert in the newspaper. The cost 100874
of the second publication of the list or lists shall not exceed 100875
three-fourths of the cost of the first publication of the list or 100876
lists.100877

       The auditor shall insert display notices of the forthcoming 100878
publication of the delinquent tax list and, if it is to be 100879
published, the delinquent vacant land tax list once a week for two 100880
consecutive weeks in a newspaper of general circulation in the 100881
county. The display notices shall contain the times and methods of 100882
payment of taxes provided by law, including information concerning 100883
installment payments made in accordance with a written delinquent 100884
tax contract. The display notice for the delinquent tax list also 100885
shall include a notice that an interest charge will accrue on 100886
accounts remaining unpaid after the last day of November unless 100887
the taxpayer enters into a written delinquent tax contract to pay 100888
such taxes in installments. The display notice for the delinquent 100889
vacant land tax list if it is to be published also shall include a 100890
notice that delinquent vacant lands in the list are lands on which 100891
taxes have remained unpaid for one year after being certified 100892
delinquent, and that they are subject to foreclosure proceedings 100893
as provided in section 323.25, sections 323.65 to 323.79, or 100894
section 5721.18 of the Revised Code, or foreclosure and forfeiture 100895
proceedings as provided in section 5721.14 of the Revised Code. 100896
Each display notice also shall state that the lands are subject to 100897
a tax certificate sale under section 5721.32 or 5721.33 of the 100898
Revised Code or assignment to a county land reutilization 100899
corporation, as the case may be, and shall include any other 100900
information that the auditor considers pertinent to the purpose of 100901
the notice. The display notices shall be furnished by the auditor 100902
to the newspapersnewspaper selected to publish the lists at 100903
least ten days before their first publication.100904

       (2) Publication of the list or lists may be made by a 100905
newspaper in installments, provided the complete publication of 100906
each list is made twice during the sixty-day period.100907

       (3) There shall be attached to the delinquent tax list a 100908
notice that the delinquent lands will be certified for foreclosure 100909
by the auditor unless the taxes, assessments, interest, and 100910
penalties due and owing on them are paid. There shall be attached 100911
to the delinquent vacant land tax list, if it is to be published, 100912
a notice that delinquent vacant lands will be certified for 100913
foreclosure or foreclosure and forfeiture by the auditor unless 100914
the taxes, assessments, interest, and penalties due and owing on 100915
them are paid within twenty-eight days after the final publication 100916
of the notice.100917

       (4) The auditor shall review the first publication of each 100918
list for accuracy and completeness and may correct any errors 100919
appearing in the list in the second publication.100920

       (C) For the purposes of section 5721.18 of the Revised Code, 100921
land is first certified delinquent on the date of the 100922
certification of the delinquent land list containing that land.100923

       Sec. 5721.04.  The proper and necessary expenses of 100924
publishing the delinquent tax lists, delinquent vacant land tax 100925
lists, and display notices provided for by sections 5719.04 and 100926
5721.03 of the Revised Code shall be paid from the county treasury 100927
as county expenses are paid, and the board of county commissioners 100928
shall make provision for them in the annual budget of the county 100929
submitted to the budget commission, and shall make the necessary 100930
appropriations. If the board fails to make such appropriations, or 100931
if an appropriation is insufficient to meet such an expense, any 100932
person interested may apply to the court of common pleas of the 100933
county for an allowance to cover the expense, and the court shall 100934
issue an order instructing the county auditor to issue hisa100935
warrant upon the county treasurer for the amount necessary. The 100936
order by the court shall be final and shall be complied with 100937
immediately.100938

       The aggregate amount paid shallfor publication may be 100939
apportioned by the county auditor among the taxing districts in 100940
which the lands on each list are located in proportion to the 100941
amount of delinquent taxes so advertised in such subdivision, or 100942
the county auditor may charge the property owner of land on a list 100943
a flat fee established under section 319.54 of the Revised Code 100944
for the cost of publishing the list and, if the fee is not paid, 100945
may place the fee upon the tax duplicate as a lien on the land, to 100946
be collected as other taxes. Thereafter, the auditor, in making 100947
histhe auditor's semiannual apportionment of funds, shall retain 100948
at each semiannual apportionment one half the amount apportioned 100949
to each such taxing district. The amounts retained shall be 100950
credited to the general fund of the county until the aggregate of 100951
all amounts paid in the first instance out of the treasury have 100952
been fully reimbursed.100953

       Sec. 5721.18.  The county prosecuting attorney, upon the 100954
delivery to the prosecuting attorney by the county auditor of a 100955
delinquent land or delinquent vacant land tax certificate, or of a 100956
master list of delinquent or delinquent vacant tracts, shall 100957
institute a foreclosure proceeding under this section in the name 100958
of the county treasurer to foreclose the lien of the state, in any 100959
court with jurisdiction or in the county board of revision with 100960
jurisdiction pursuant to section 323.66 of the Revised Code, 100961
unless the taxes, assessments, charges, penalties, and interest 100962
are paid prior to the time a complaint is filed, or unless a 100963
foreclosure or foreclosure and forfeiture action has been or will 100964
be instituted under section 323.25, sections 323.65 to 323.79, or 100965
section 5721.14 of the Revised Code. If the delinquent land or 100966
delinquent vacant land tax certificate or the master list of 100967
delinquent or delinquent vacant tracts lists minerals or rights to 100968
minerals listed pursuant to sections 5713.04, 5713.05, and 5713.06 100969
of the Revised Code, the county prosecuting attorney may institute 100970
a foreclosure proceeding in the name of the county treasurer, in 100971
any court with jurisdiction, to foreclose the lien of the state 100972
against such minerals or rights to minerals, unless the taxes, 100973
assessments, charges, penalties, and interest are paid prior to 100974
the time the complaint is filed, or unless a foreclosure or 100975
foreclosure and forfeiture action has been or will be instituted 100976
under section 323.25, sections 323.65 to 323.79, or section 100977
5721.14 of the Revised Code.100978

       The prosecuting attorney shall prosecute the proceeding to 100979
final judgment and satisfaction. Within ten days after obtaining a 100980
judgment, the prosecuting attorney shall notify the treasurer in 100981
writing that judgment has been rendered. If there is a copy of a 100982
written delinquent tax contract attached to the certificate or an 100983
asterisk next to an entry on the master list, or if a copy of a 100984
delinquent tax contract is received from the auditor prior to the 100985
commencement of the proceeding under this section, the prosecuting 100986
attorney shall not institute the proceeding under this section, 100987
unless the prosecuting attorney receives a certification of the 100988
treasurer that the delinquent tax contract has become void.100989

       (A) This division applies to all foreclosure proceedings not 100990
instituted and prosecuted under section 323.25 of the Revised Code 100991
or division (B) or (C) of this section. The foreclosure 100992
proceedings shall be instituted and prosecuted in the same manner 100993
as is provided by law for the foreclosure of mortgages on land, 100994
except that, if service by publication is necessary, such 100995
publication shall be made once a week for three consecutive weeks 100996
instead of as provided by the Rules of Civil Procedure, and the 100997
service shall be complete at the expiration of three weeks after 100998
the date of the first publication. In any proceeding prosecuted 100999
under this section, if the prosecuting attorney determines that 101000
service upon a defendant may be obtained ultimately only by 101001
publication, the prosecuting attorney may cause service to be made 101002
simultaneously by certified mail, return receipt requested, 101003
ordinary mail, and publication.101004

       In any county that has adopted a permanent parcel number 101005
system, the parcel may be described in the notice by parcel number 101006
only, instead of also with a complete legal description, if the 101007
prosecuting attorney determines that the publication of the 101008
complete legal description is not necessary to provide reasonable 101009
notice of the foreclosure proceeding to the interested parties. If 101010
the complete legal description is not published, the notice shall 101011
indicate where the complete legal description may be obtained.101012

       It is sufficient, having been made a proper party to the 101013
foreclosure proceeding, for the treasurer to allege in the 101014
treasurer's complaint that the certificate or master list has been 101015
duly filed by the auditor, that the amount of money appearing to 101016
be due and unpaid is due and unpaid, and that there is a lien 101017
against the property described in the certificate or master list, 101018
without setting forth in the complaint any other or special matter 101019
relating to the foreclosure proceeding. The prayer of the 101020
complaint shall be that the court or the county board of revision 101021
with jurisdiction pursuant to section 323.66 of the Revised Code 101022
issue an order that the property be sold or conveyed by the 101023
sheriff or otherwise be disposed of, and the equity of redemption 101024
be extinguished, according to the alternative redemption 101025
procedures prescribed in sections 323.65 to 323.79 of the Revised 101026
Code, or if the action is in the municipal court by the bailiff, 101027
in the manner provided in section 5721.19 of the Revised Code.101028

       In the foreclosure proceeding, the treasurer may join in one 101029
action any number of lots or lands, but the decree shall be 101030
rendered separately, and any proceedings may be severed, in the 101031
discretion of the court or board of revision, for the purpose of 101032
trial or appeal, and the court or board of revision shall make 101033
such order for the payment of costs as is considered proper. The 101034
certificate or master list filed by the auditor with the 101035
prosecuting attorney is prima-facie evidence at the trial of the 101036
foreclosure action of the amount and validity of the taxes, 101037
assessments, charges, penalties, and interest appearing due and 101038
unpaid and of their nonpayment.101039

       (B) Foreclosure proceedings constituting an action in rem may 101040
be commenced by the filing of a complaint after the end of the 101041
second year from the date on which the delinquency was first 101042
certified by the auditor. Prior to filing such an action in rem, 101043
the prosecuting attorney shall cause a title search to be 101044
conducted for the purpose of identifying any lienholders or other 101045
persons with interests in the property subject to foreclosure. 101046
Following the title search, the action in rem shall be instituted 101047
by filing in the office of the clerk of a court with jurisdiction 101048
a complaint bearing a caption substantially in the form set forth 101049
in division (A) of section 5721.181 of the Revised Code.101050

       Any number of parcels may be joined in one action. Each 101051
separate parcel included in a complaint shall be given a serial 101052
number and shall be separately indexed and docketed by the clerk 101053
of the court in a book kept by the clerk for such purpose. A 101054
complaint shall contain the permanent parcel number of each parcel 101055
included in it, the full street address of the parcel when 101056
available, a description of the parcel as set forth in the 101057
certificate or master list, the name and address of the last known 101058
owner of the parcel if they appear on the general tax list, the 101059
name and address of each lienholder and other person with an 101060
interest in the parcel identified in the title search relating to 101061
the parcel that is required by this division, and the amount of 101062
taxes, assessments, charges, penalties, and interest due and 101063
unpaid with respect to the parcel. It is sufficient for the 101064
treasurer to allege in the complaint that the certificate or 101065
master list has been duly filed by the auditor with respect to 101066
each parcel listed, that the amount of money with respect to each 101067
parcel appearing to be due and unpaid is due and unpaid, and that 101068
there is a lien against each parcel, without setting forth any 101069
other or special matters. The prayer of the complaint shall be 101070
that the court issue an order that the land described in the 101071
complaint be sold in the manner provided in section 5721.19 of the 101072
Revised Code.101073

       (1) Within thirty days after the filing of a complaint, the 101074
clerk of the court in which the complaint was filed shall cause a 101075
notice of foreclosure substantially in the form of the notice set 101076
forth in division (B) of section 5721.181 of the Revised Code to 101077
be published once a week for three consecutive weeks in a 101078
newspaper of general circulation in the county. The newspaper 101079
shall meet the requirements of section 7.12 of the Revised Code.101080
In any county that has adopted a permanent parcel number system, 101081
the parcel may be described in the notice by parcel number only, 101082
instead of also with a complete legal description, if the 101083
prosecuting attorney determines that the publication of the 101084
complete legal description is not necessary to provide reasonable 101085
notice of the foreclosure proceeding to the interested parties. If 101086
the complete legal description is not published, the notice shall 101087
indicate where the complete legal description may be obtained.101088

       After the third publication, the publisher shall file with 101089
the clerk of the court an affidavit stating the fact of the 101090
publication and including a copy of the notice of foreclosure as 101091
published. Service of process for purposes of the action in rem 101092
shall be considered as complete on the date of the last 101093
publication.101094

       Within thirty days after the filing of a complaint and before 101095
the final date of publication of the notice of foreclosure, the 101096
clerk of the court also shall cause a copy of a notice 101097
substantially in the form of the notice set forth in division (C) 101098
of section 5721.181 of the Revised Code to be mailed by certified 101099
mail, with postage prepaid, to each person named in the complaint 101100
as being the last known owner of a parcel included in it, or as 101101
being a lienholder or other person with an interest in a parcel 101102
included in it. The notice shall be sent to the address of each 101103
such person, as set forth in the complaint, and the clerk shall 101104
enter the fact of such mailing upon the appearance docket. If the 101105
name and address of the last known owner of a parcel included in a 101106
complaint is not set forth in it, the auditor shall file an 101107
affidavit with the clerk stating that the name and address of the 101108
last known owner does not appear on the general tax list.101109

       (2)(a) An answer may be filed in an action in rem under this 101110
division by any person owning or claiming any right, title, or 101111
interest in, or lien upon, any parcel described in the complaint. 101112
The answer shall contain the caption and number of the action and 101113
the serial number of the parcel concerned. The answer shall set 101114
forth the nature and amount of interest claimed in the parcel and 101115
any defense or objection to the foreclosure of the lien of the 101116
state for delinquent taxes, assessments, charges, penalties, and 101117
interest as shown in the complaint. The answer shall be filed in 101118
the office of the clerk of the court, and a copy of the answer 101119
shall be served on the prosecuting attorney, not later than 101120
twenty-eight days after the date of final publication of the 101121
notice of foreclosure. If an answer is not filed within such time, 101122
a default judgment may be taken as to any parcel included in a 101123
complaint as to which no answer has been filed. A default judgment 101124
is valid and effective with respect to all persons owning or 101125
claiming any right, title, or interest in, or lien upon, any such 101126
parcel, notwithstanding that one or more of such persons are 101127
minors, incompetents, absentees or nonresidents of the state, or 101128
convicts in confinement.101129

       (b)(i) A receiver appointed pursuant to divisions (C)(2) and 101130
(3) of section 3767.41 of the Revised Code may file an answer 101131
pursuant to division (B)(2)(a) of this section, but is not 101132
required to do so as a condition of receiving proceeds in a 101133
distribution under division (B)(1) of section 5721.17 of the 101134
Revised Code.101135

       (ii) When a receivership under section 3767.41 of the Revised 101136
Code is associated with a parcel, the notice of foreclosure set 101137
forth in division (B) of section 5721.181 of the Revised Code and 101138
the notice set forth in division (C) of that section shall be 101139
modified to reflect the provisions of division (B)(2)(b)(i) of 101140
this section.101141

       (3) At the trial of an action in rem under this division, the 101142
certificate or master list filed by the auditor with the 101143
prosecuting attorney shall be prima-facie evidence of the amount 101144
and validity of the taxes, assessments, charges, penalties, and 101145
interest appearing due and unpaid on the parcel to which the 101146
certificate or master list relates and their nonpayment. If an 101147
answer is properly filed, the court may, in its discretion, and 101148
shall, at the request of the person filing the answer, grant a 101149
severance of the proceedings as to any parcel described in such 101150
answer for purposes of trial or appeal.101151

       (C) In addition to the actions in rem authorized under 101152
division (B) of this section and section 5721.14 of the Revised 101153
Code, an action in rem may be commenced under this division. An 101154
action commenced under this division shall conform to all of the 101155
requirements of division (B) of this section except as follows:101156

       (1) The prosecuting attorney shall not cause a title search 101157
to be conducted for the purpose of identifying any lienholders or 101158
other persons with interests in the property subject to 101159
foreclosure, except that the prosecuting attorney shall cause a 101160
title search to be conducted to identify any receiver's lien.101161

       (2) The names and addresses of lienholders and persons with 101162
an interest in the parcel shall not be contained in the complaint, 101163
and notice shall not be mailed to lienholders and persons with an 101164
interest as provided in division (B)(1) of this section, except 101165
that the name and address of a receiver under section 3767.41 of 101166
the Revised Code shall be contained in the complaint and notice 101167
shall be mailed to the receiver.101168

       (3) With respect to the forms applicable to actions commenced 101169
under division (B) of this section and contained in section 101170
5721.181 of the Revised Code:101171

       (a) The notice of foreclosure prescribed by division (B) of 101172
section 5721.181 of the Revised Code shall be revised to exclude 101173
any reference to the inclusion of the name and address of each 101174
lienholder and other person with an interest in the parcel 101175
identified in a statutorily required title search relating to the 101176
parcel, and to exclude any such names and addresses from the 101177
published notice, except that the revised notice shall refer to 101178
the inclusion of the name and address of a receiver under section 101179
3767.41 of the Revised Code and the published notice shall include 101180
the receiver's name and address. The notice of foreclosure also 101181
shall include the following in boldface type:101182

       "If pursuant to the action the parcel is sold, the sale shall 101183
not affect or extinguish any lien or encumbrance with respect to 101184
the parcel other than a receiver's lien and other than the lien 101185
for land taxes, assessments, charges, interest, and penalties for 101186
which the lien is foreclosed and in satisfaction of which the 101187
property is sold. All other liens and encumbrances with respect to 101188
the parcel shall survive the sale."101189

       (b) The notice to the owner, lienholders, and other persons 101190
with an interest in a parcel shall be a notice only to the owner 101191
and to any receiver under section 3767.41 of the Revised Code, and 101192
the last two sentences of the notice shall be omitted.101193

       (4) As used in this division, a "receiver's lien" means the 101194
lien of a receiver appointed pursuant to divisions (C)(2) and (3) 101195
of section 3767.41 of the Revised Code that is acquired pursuant 101196
to division (H)(2)(b) of that section for any unreimbursed 101197
expenses and other amounts paid in accordance with division (F) of 101198
that section by the receiver and for the fees of the receiver 101199
approved pursuant to division (H)(1) of that section.101200

       (D) If the prosecuting attorney determines that an action in 101201
rem under division (B) or (C) of this section is precluded by law, 101202
then foreclosure proceedings shall be filed pursuant to division 101203
(A) of this section, and the complaint in the action in personam 101204
shall set forth the grounds upon which the action in rem is 101205
precluded.101206

       (E) The conveyance by the owner of any parcel against which a 101207
complaint has been filed pursuant to this section at any time 101208
after the date of publication of the parcel on the delinquent tax 101209
list but before the date of a judgment of foreclosure pursuant to 101210
section 5721.19 of the Revised Code shall not nullify the right of 101211
the county to proceed with the foreclosure.101212

       Sec. 5721.30.  As used in sections 5721.30 to 5721.43 of the 101213
Revised Code:101214

       (A) "Tax certificate," "certificate," or "duplicate 101215
certificate" means a document that may be issued as a physical 101216
certificate, in book-entry form, or through an electronic medium, 101217
at the discretion of the county treasurer. Such document shall 101218
contain the information required by section 5721.31 of the Revised 101219
Code and shall be prepared, transferred, or redeemed in the manner 101220
prescribed by sections 5721.30 to 5721.43 of the Revised Code. As 101221
used in those sections, "tax certificate," "certificate," and 101222
"duplicate certificate" do not refer to the delinquent land tax 101223
certificate or the delinquent vacant land tax certificate issued 101224
under section 5721.13 of the Revised Code.101225

       (B) "Certificate parcel" means the parcel of delinquent land 101226
that is the subject of and is described in a tax certificate.101227

       (C) "Certificate holder" means a person, including a county 101228
land reutilization corporation, that purchases or otherwise 101229
acquires a tax certificate under section 5721.32, 5721.33, or 101230
5721.42 of the Revised Code, or a person to whom a tax certificate 101231
has been transferred pursuant to section 5721.36 of the Revised 101232
Code.101233

       (D) "Certificate purchase price" means, with respect to the 101234
sale of tax certificates under sections 5721.32, 5721.33, and 101235
5721.42 of the Revised Code, the amount equal to delinquent taxes 101236
charged against a certificate parcel at the time the tax 101237
certificate respecting that parcel is sold or transferred, not 101238
including any delinquent taxes the lien for which has been 101239
conveyed to a certificate holder through a prior sale of a tax 101240
certificate respecting that parcel. Payment of the certificate 101241
purchase price in a sale under section 5721.33 of the Revised Code 101242
may be made wholly in cash or partially in cash and partially by 101243
noncash consideration acceptable to the county treasurer from the 101244
purchaser, and, in the case of a county land reutilization 101245
corporation, with notes. In the event that any such noncash 101246
consideration is delivered to pay a portion of the certificate 101247
purchase price, such noncash consideration may be subordinate to 101248
the rights of the holders of other obligations whose proceeds paid 101249
the cash portion of the certificate purchase price.101250

       "Certificate purchase price" also includes the amount of the 101251
fee charged by the county treasurer to the purchaser of the 101252
certificate under division (H) of section 5721.32 of the Revised 101253
Code.101254

       (E)(1) With respect to a sale of tax certificates under 101255
section 5721.32 of the Revised Code, and except as provided in 101256
division (E)(2) of this section, "certificate redemption price" 101257
means the certificate purchase price plus the greater of the 101258
following:101259

       (a) Simple interest, at the certificate rate of interest, 101260
accruing during the certificate interest period on the certificate 101261
purchase price, calculated in accordance with section 5721.41 of 101262
the Revised Code;101263

       (b) Six per cent of the certificate purchase price.101264

       (2) If the certificate rate of interest equals zero, the 101265
certificate redemption price equals the certificate purchase price 101266
plus the fee charged by the county treasurer to the purchaser of 101267
the certificate under division (H) of section 5721.32 of the 101268
Revised Code.101269

       (F) With respect to a sale or transfer of tax certificates 101270
under section 5721.33 of the Revised Code, "certificate redemption 101271
price" means the amount equal to the sum of the following:101272

       (1) The certificate purchase price;101273

       (2) Interest accrued on the certificate purchase price at the 101274
certificate rate of interest from the date on which a tax 101275
certificate is delivered through and including the day immediately 101276
preceding the day on which the certificate redemption price is 101277
paid;101278

       (3) The fee, if any, charged by the county treasurer to the 101279
purchaser of the certificate under division (J) of section 5721.33 101280
of the Revised Code;101281

       (4) Any other fees charged by any county office in connection 101282
with the recording of tax certificates.101283

       (G) "Certificate rate of interest" means the rate of simple 101284
interest per year bid by the winning bidder in an auction of a tax 101285
certificate held under section 5721.32 of the Revised Code, or the 101286
rate of simple interest per year not to exceed eighteen per cent 101287
per year fixed pursuant to section 5721.42 of the Revised Code or 101288
by the county treasurer with respect to any tax certificate sold 101289
or transferred pursuant to a negotiated sale under section 5721.33 101290
of the Revised Code. The certificate rate of interest shall not be 101291
less than zero per cent per year.101292

       (H) "Cash" means United States currency, certified checks, 101293
money orders, bank drafts, electronic transfer of funds, or other 101294
forms of payment authorized by the county treasurer, and excludes 101295
any other form of payment not so authorized.101296

       (I) "The date on which a tax certificate is sold or 101297
transferred," "the date the certificate was sold or transferred," 101298
"the date the certificate is purchased," and any other phrase of 101299
similar content mean, with respect to a sale pursuant to an 101300
auction under section 5721.32 of the Revised Code, the date 101301
designated by the county treasurer for the submission of bids and, 101302
with respect to a negotiated sale or transfer under section 101303
5721.33 of the Revised Code, the date of delivery of the tax 101304
certificates to the purchasers thereof pursuant to a tax 101305
certificate sale/purchase agreement.101306

       (J) "Certificate interest period" means, with respect to a 101307
tax certificate sold under section 5721.32 or 5721.42 of the 101308
Revised Code and for the purpose of accruing interest under 101309
section 5721.41 of the Revised Code, the period beginning on the 101310
date on which the certificate is purchased and, with respect to a 101311
tax certificate sold or transferred under section 5721.33 of the 101312
Revised Code, the period beginning on the date of delivery of the 101313
tax certificate, and in either case ending on one of the following 101314
dates:101315

       (1) The date the certificate holder files a request for 101316
foreclosure or notice of intent to foreclose under division (A) of 101317
section 5721.37 of the Revised Code and submits the payment 101318
required under division (B) of that section;101319

       (2) The date the owner of record of the certificate parcel, 101320
or any other person entitled to redeem that parcel, redeems the 101321
certificate parcel under division (A) or (C) of section 5721.38 of 101322
the Revised Code or redeems the certificate under section 5721.381 101323
of the Revised Code.101324

       (K) "Qualified trustee" means a trust company within the 101325
state or a bank having the power of a trust company within the 101326
state with a combined capital stock, surplus, and undivided 101327
profits of at least one hundred million dollars.101328

       (L) "Tax certificate sale/purchase agreement" means the 101329
purchase and sale agreement described in division (C) of section 101330
5721.33 of the Revised Code setting forth the certificate purchase 101331
price, plus any applicable premium or less any applicable 101332
discount, including, without limitation, the amount to be paid in 101333
cash and the amount and nature of any noncash consideration, the 101334
date of delivery of the tax certificates, and the other terms and 101335
conditions of the sale, including, without limitation, the rate of 101336
interest that the tax certificates shall bear.101337

       (M) "Noncash consideration" means any form of consideration 101338
other than cash, including, but not limited to, promissory notes 101339
whether subordinate or otherwise.101340

       (N) "Private attorney" means any attorney licensed to 101341
practice law in this state whose license has not been revoked and 101342
is not currently suspended, and who is retained to bring 101343
foreclosure proceedings pursuant to section 5721.37 of the Revised 101344
Code on behalf of a certificate holder.101345

       (O) "Related certificate parcel" means, with respect to a 101346
certificate holder, the certificate parcel with respect to which 101347
the certificate holder has purchased and holds a tax certificate 101348
pursuant to sections 5721.30 to 5721.43 of the Revised Code and, 101349
with respect to a tax certificate, the certificate parcel against 101350
which the tax certificate has been sold pursuant to those 101351
sections.101352

       (P) "Delinquent taxes" means delinquent taxes as defined in 101353
section 323.01 of the Revised Code and includes assessments and 101354
charges, and penalties and interest computed under section 323.121 101355
of the Revised Code.101356

       (Q) "Certificate period" means the period of time after the 101357
sale or delivery of a tax certificate within which a certificate 101358
holder must initiate an action to foreclose the tax lien 101359
represented by the certificate as specified under division (A) of 101360
section 5721.32 of the Revised Code or as negotiated under section 101361
5721.33 of the Revised Code.101362

       Sec. 5721.31.  (A)(1) After receipt of a duplicate of the 101363
delinquent land list compiled under section 5721.011 of the 101364
Revised Code, or a delinquent land list compiled previously under 101365
that section, the county treasurer may select from the list 101366
parcels of delinquent land the lien against which the county 101367
treasurer may attempt to transfer by the sale of tax certificates 101368
under sections 5721.30 to 5721.43 of the Revised Code. None of the 101369
following parcels may be selected for a tax certificate sale:101370

       (a) A parcel for which the full amount of taxes, assessments, 101371
penalties, interest, and charges have been paid;101372

       (b) A parcel for which a valid contract under section 101373
323.122, 323.31, or 5713.20 of the Revised Code is in force;101374

       (c) A parcel the owner of which has filed a petition in 101375
bankruptcy, so long as the parcel is property of the bankruptcy 101376
estate. 101377

       (2) The county treasurer shall compile a separate list of 101378
parcels selected for tax certificate sales, including the same 101379
information as is required to be included in the delinquent land 101380
list.101381

       Upon compiling the list of parcels selected for tax 101382
certificate sales, the county treasurer may conduct a title search 101383
for any parcel on the list.101384

       (B)(1) Except as otherwise provided in division (B)(3) of 101385
this section, when tax certificates are to be sold under section 101386
5721.32 of the Revised Code with respect to parcels, the county 101387
treasurer shall send written notice by certified mail to either 101388
the owner of record or all interested parties discoverable through 101389
a title search, or both, of each parcel on the list. A notice to 101390
an owner shall be sent to the owner's last known tax-mailing 101391
address. The notice shall inform the owner or interested parties 101392
that a tax certificate will be offered for sale on the parcel, and 101393
that the owner or interested parties may incur additional expenses 101394
as a result of the sale.101395

       (2) Except as otherwise provided in division (B)(3) of this 101396
section, when tax certificates are to be sold or transferred under 101397
section 5721.33 of the Revised Code with respect to parcels, the 101398
county treasurer, at least thirty days prior to the date of sale 101399
or transfer of such tax certificates, shall send written notice of 101400
the sale or transfer by certified mail to the last known 101401
tax-mailing address of the record owner of the property or parcel 101402
and may send such notice to all parties with an interest in the 101403
property that has been recorded in the property records of the 101404
county pursuant to section 317.08 of the Revised Code. The notice 101405
shall state that a tax certificate will be offered for sale or 101406
transfer on the parcel, and that the owner or interested parties 101407
may incur additional expenses as a result of the sale or transfer.101408

       (3) The county treasurer is not required to send a notice 101409
under division (B)(1) or (B)(2) of this section if the treasurer 101410
previously has attempted to send such notice to the owner of the 101411
parcel and the notice has been returned by the post office as 101412
undeliverable. The absence of a valid tax-mailing address for the 101413
owner of a parcel does not preclude the county treasurer from 101414
selling or transferring a tax certificate for the parcel.101415

       (C) The county treasurer shall advertise the sale of tax 101416
certificates under section 5721.32 of the Revised Code in a 101417
newspaper of general circulation in the county, once a week for 101418
two consecutive weeks. The newspaper shall meet the requirements 101419
of section 7.12 of the Revised Code. The advertisement shall 101420
include the date, the time, and the place of the public auction, 101421
abbreviated legal descriptions of the parcels, and the names of 101422
the owners of record of the parcels. The advertisement also shall 101423
include the certificate purchase prices of the parcels or the 101424
total purchase price of tax certificates for sale in blocks of tax 101425
certificates.101426

       (D) After the county treasurer has compiled the list of 101427
parcels selected for tax certificate sales but before a tax 101428
certificate respecting a parcel is sold or transferred, if the 101429
owner of record of the parcel pays to the county treasurer in cash 101430
the delinquent taxes respecting the parcel or otherwise acts so 101431
that any condition in division (A)(1)(a), (b), or (c) of this 101432
section applies to the parcel, the owner of record of the parcel 101433
also shall pay a fee in an amount prescribed by the treasurer to 101434
cover the administrative costs of the treasurer under this section 101435
respecting the parcel. The fee shall be deposited in the county 101436
treasury to the credit of the tax certificate administration fund.101437

       (E) A tax certificate administration fund shall be created in 101438
the county treasury of each county selling tax certificates under 101439
sections 5721.30 to 5721.43 of the Revised Code. The fund shall be 101440
administered by the county treasurer, and used solely for the 101441
purposes of sections 5721.30 to 5721.43 of the Revised Code or as 101442
otherwise permitted in this division. Any fee received by the 101443
treasurer under sections 5721.30 to 5721.43 of the Revised Code 101444
shall be credited to the fund, except the bidder registration fee 101445
under division (B) of section 5721.32 of the Revised Code and the 101446
county prosecuting attorney's fee under division (B)(3) of section 101447
5721.37 of the Revised Code. To the extent there is a surplus in 101448
the fund from time to time, the surplus may, with the approval of 101449
the county treasurer, be utilized for the purposes of a county 101450
land reutilization corporation operating in the county.101451

       (F) The county treasurers of more than one county may jointly 101452
conduct a regional sale of tax certificates under section 5721.32 101453
of the Revised Code. A regional sale shall be held at a single 101454
location in one county, where the tax certificates from each of 101455
the participating counties shall be offered for sale at public 101456
auction. Before the regional sale, each county treasurer shall 101457
advertise the sale for the parcels in the treasurer's county as 101458
required by division (C) of this section. At the regional sale, 101459
tax certificates shall be sold on parcels from one county at a 101460
time, with all of the certificates for one county offered for sale 101461
before any certificates for the next county are offered for sale.101462

       (G) The tax commissioner shall prescribe the form of the tax 101463
certificate under this section, and county treasurers shall use 101464
the form so prescribed.101465

       Sec. 5721.32.  (A) The sale of tax certificates by public 101466
auction may be conducted at any time after completion of the 101467
advertising of the sale under section 5721.31 of the Revised Code, 101468
on the date and at the time and place designated in the 101469
advertisements, and may be continued from time to time as the 101470
county treasurer directs. The county treasurer may offer the tax 101471
certificates for sale in blocks of tax certificates, consisting of 101472
any number of tax certificates as determined by the county 101473
treasurer, and may specify a certificate period of not less than 101474
three years and not more than six years.101475

       (B)(1) The sale of tax certificates under this section shall 101476
be conducted at a public auction by the county treasurer or a 101477
designee of the county treasurer.101478

       (2) No person shall be permitted to bid without completing a 101479
bidder registration form, in the form prescribed by the tax 101480
commissioner, and without filing the form with the county 101481
treasurer prior to the start of the auction, together with 101482
remittance of a registration fee, in cash, of five hundred 101483
dollars. The bidder registration form shall include a tax 101484
identification number of the registrant. The registration fee is 101485
refundable at the end of bidding on the day of the auction, unless 101486
the registrant is the winning bidder for one or more tax 101487
certificates or one or more blocks of tax certificates, in which 101488
case the fee may be applied toward the deposit required by this 101489
section.101490

       (3) The county treasurer may require a person who wishes to 101491
bid on one or more parcels to submit a letter from a financial 101492
institution stating that the bidder has sufficient funds available 101493
to pay the purchase price of the parcels and a written 101494
authorization for the treasurer to verify such information with 101495
the financial institution. The county treasurer may require 101496
submission of the letter and authorization sufficiently in advance 101497
of the auction to allow for verification. No person who fails to 101498
submit the required letter and authorization, or whose financial 101499
institution fails to provide the requested verification, shall be 101500
permitted to bid.101501

       (C) At the public auction, the county treasurer or the 101502
treasurer's designee or agent shall begin the bidding at eighteen 101503
per cent per year simple interest, and accept lower bids in even 101504
increments of one-fourth of one per cent to the rate of zero per 101505
cent. The county treasurer, designee, or agent shall award the tax 101506
certificate to the person bidding the lowest certificate rate of 101507
interest. The county treasurer shall decide which person is the 101508
winning bidder in the event of a tie for the lowest bid offered, 101509
or if a person contests the lowest bid offered. The county 101510
treasurer's decision is not appealable.101511

       (D)(1) The winning bidder shall pay the county treasurer a 101512
cash deposit of at least ten per cent of the certificate purchase 101513
price not later than the close of business on the day of the sale. 101514
The winning bidder shall pay the balance and the fee required 101515
under division (H) of this section not later than five business 101516
days after the day on which the certificate is sold. Except as 101517
provided under division (D)(2) of this section, if the winning 101518
bidder fails to pay the balance and fee within the prescribed 101519
time, the bidder forfeits the deposit, and the county treasurer 101520
shall retain the tax certificate and may attempt to sell it at any 101521
auction conducted at a later date. 101522

       (2) At the request of a winning bidder, the county treasurer 101523
may release the bidder from the bidder's tax certificate purchase 101524
obligation. The county treasurer may retain all or any portion of 101525
the deposit of a bidder granted a release. After granting a 101526
release under this division, the county treasurer may award the 101527
tax certificate to the person that submitted the second lowest bid 101528
at the auction.101529

       (3) The county treasurer shall deposit the deposit forfeited 101530
or retained under divisions (D)(1) or (2) of this section in the 101531
county treasury to the credit of the tax certificate 101532
administration fund.101533

       (E) Upon receipt of the full payment of the certificate 101534
purchase price from the purchaser, the county treasurer shall 101535
issue the tax certificate and record the tax certificate sale by 101536
entering into a tax certificate register the certificate purchase 101537
price, the certificate rate of interest, the date the certificate 101538
was sold, the certificate period, the name and address of the 101539
certificate holder, and any other information the county treasurer 101540
considers necessary. The county treasurer may keep the tax 101541
certificate register in a hard-copy format or in an electronic 101542
format. The name and address of the certificate holder may be, 101543
upon receipt of instructions from the purchaser, that of the 101544
secured party of the actual purchaser, or an agent or custodian 101545
for the purchaser or secured party. The county treasurer also 101546
shall transfer the tax certificate to the certificate holder. The 101547
county treasurer shall apportion the part of the proceeds from the 101548
sale representing taxes, penalties, and interest among the several 101549
taxing districts in the same proportion that the amount of taxes 101550
levied by each district against the certificate parcel in the 101551
preceding tax year bears to the taxes levied by all such districts 101552
against the certificate parcel in the preceding tax year, and 101553
credit the part of the proceeds representing assessments and other 101554
charges to the items of assessments and charges in the order in 101555
which those items became due. Upon issuing a tax certificate, the 101556
delinquent taxes that make up the certificate purchase price are 101557
transferred, and the superior lien of the state and its taxing 101558
districts for those delinquent taxes is conveyed intact to the 101559
certificate holder.101560

       (F) If a tax certificate is offered for sale under this 101561
section but is not sold, the county treasurer may sell the 101562
certificate in a negotiated sale authorized under section 5721.33 101563
of the Revised Code, or may strike the corresponding certificate 101564
parcel from the list of parcels selected for tax certificate 101565
sales. The lien for taxes, assessments, charges, penalties, and 101566
interest against a parcel stricken from the list thereafter may be 101567
foreclosed in the manner prescribed by section 323.25, sections 101568
323.65 to 323.79, or section 5721.14 or 5721.18 of the Revised 101569
Code unless, prior to the institution of such proceedings against 101570
the parcel, the county treasurer restores the parcel to the list 101571
of parcels selected for tax certificate sales.101572

       (G) A certificate holder shall not be liable for damages 101573
arising from a violation of sections 3737.87 to 3737.891 or 101574
Chapter 3704., 3734., 3745., 3746., 3750., 3751., 3752., 6109., or 101575
6111. of the Revised Code, or a rule adopted or order, permit, 101576
license, variance, or plan approval issued under any of those 101577
chapters, that is or was committed by another person in connection 101578
with the parcel for which the tax certificate is held.101579

       (H) When selling a tax certificate under this section, the 101580
county treasurer shall charge a fee to the purchaser of the 101581
certificate. The county treasurer shall set the fee at a 101582
reasonable amount that covers the treasurer's costs of 101583
administering the sale of the tax certificate. The county 101584
treasurer shall deposit the fee in the county treasury to the 101585
credit of the tax certificate administration fund.101586

       (I) After selling a tax certificate under this section, the 101587
county treasurer shall send written notice by certified mail to 101588
the owner of the certificate parcel at the owner's last known 101589
tax-mailing address. The notice shall inform the owner that the 101590
tax certificate was sold, shall describe the owner's options to 101591
redeem the parcel, including entering into a redemption payment 101592
plan under division (C)(1) of section 5721.38 of the Revised Code, 101593
and shall name the certificate holder and its secured party, if 101594
any. However, the county treasurer is not required to send a 101595
notice under this division if the treasurer previously has 101596
attempted to send a notice to the owner of the parcel at the 101597
owner's last known tax-mailing address, and the postal service has 101598
returned the notice as undeliverable.101599

       (J) A tax certificate shall not be sold to the owner of the 101600
certificate parcel.101601

       Sec. 5721.37.  (A)(1) Division (A)(1) of this section 101602
applies to tax certificates purchased under section 5721.32 of the 101603
Revised Code, or under section 5721.42 of the Revised Code by the 101604
holder of a certificate issued under section 5721.32 of the 101605
Revised Code. At any time after one year from the date shown on 101606
the tax certificate as the date the tax certificate was sold, and 101607
not later than six years after that datethe end of the 101608
certificate period, a certificate holder, except for a county land 101609
reutilization corporation, may file with the county treasurer a 101610
request for foreclosure, or a private attorney on behalf of the 101611
certificate holder may file with the county treasurer a notice of 101612
intent to foreclose, on a form prescribed by the tax commissioner, 101613
provided the certificate parcel has not been redeemed under 101614
division (A) or (C) of section 5721.38 of the Revised Code and at 101615
least one certificate respecting the certificate parcel, held by 101616
the certificate holder filing the request for foreclosure or 101617
notice of intent to foreclose and eligible to be enforced through 101618
a foreclosure proceeding, has not been voided under section 101619
5721.381 of the Revised Code. If the certificate holder is a 101620
county land reutilization corporation, the corporation may 101621
institute a foreclosure action under the statutes pertaining to 101622
the foreclosure of mortgages or as permitted under sections 323.65 101623
to 323.79 of the Revised Code at any time after it acquires the 101624
tax certificate.101625

       (2) Division (A)(2) of this section applies to tax 101626
certificates purchased under section 5721.33 of the Revised Code 101627
or under section 5721.42 of the Revised Code by the holder of a 101628
certificate issued under section 5721.33 of the Revised Code. At 101629
any time after one year from the date shown on the tax certificate 101630
as the date the tax certificate was sold, and not later than six 101631
years after that date or any extension of that date pursuant to 101632
division (C)(2) of section 5721.38 of the Revised Code, or not 101633
earlier or later than the dates negotiated by the county treasurer 101634
and specified in the tax certificate sale/purchase agreement, the 101635
certificate holder may file with the county treasurer a request 101636
for foreclosure, or a private attorney on behalf of a certificate 101637
holder other than a county land reutilization corporation may file 101638
with the county treasurer a notice of intent to foreclose, on a 101639
form prescribed by the tax commissioner, provided the parcel has 101640
not been redeemed under division (A) or (C) of section 5721.38 of 101641
the Revised Code and at least one certificate respecting the 101642
certificate parcel, held by the certificate holder filing the 101643
request for foreclosure or notice of intent to foreclose and 101644
eligible to be enforced through a foreclosure proceeding, has not 101645
been voided under section 5721.381 of the Revised Code. If the 101646
certificate holder is a county land reutilization corporation, the 101647
corporation may institute a foreclosure action under the statutes 101648
pertaining to the foreclosure of mortgages or as permitted under 101649
sections 323.65 to 323.79 of the Revised Code at any time after it 101650
acquires the tax certificate.101651

       (3)(a) Division (A)(3)(a) of this section applies to a tax 101652
certificate purchased under section 5721.32 of the Revised Code, 101653
or under section 5721.42 of the Revised Code by the holder of a 101654
certificate issued under section 5721.32 of the Revised Code, and 101655
not held by a county land reutilization corporation. If, before 101656
the expiration of six years after the date a tax certificate was 101657
sold, the owner of the property for which the certificate was sold 101658
files a petition in bankruptcy, the county treasurer, upon being 101659
notified of the filing of the petition, shall notify the 101660
certificate holder by ordinary first-class or certified mail or by 101661
binary means of the filing of the petition. It is the obligation 101662
of the certificate holder to file a proof of claim with the 101663
bankruptcy court to protect the holder's interest in the 101664
certificate parcel. The last day on which the certificate holder 101665
may file a request for foreclosure or the private attorney may 101666
file a notice of intent to foreclose is the later of six years 101667
after the date the certificate was sold or one hundred eighty days 101668
after the certificate parcel is no longer property of the 101669
bankruptcy estate; however, the six-year period measured from the 101670
date the certificate was sold is tolled while the property owner's 101671
bankruptcy case remains open.101672

       (b) Division (A)(3)(b) of this section applies to a tax 101673
certificate purchased under section 5721.33 of the Revised Code, 101674
or under section 5721.42 of the Revised Code by the holder of a 101675
certificate issued under section 5721.33 of the Revised Code, and 101676
not held by a county land reutilization corporation. If, before 101677
six years after the date a tax certificate was sold or before the 101678
date negotiated by the county treasurerIf, before the expiration 101679
of the certificate period, the owner of the property files a 101680
petition in bankruptcy, the county treasurer, upon being notified 101681
of the filing of the petition, shall notify the certificate holder 101682
by ordinary first-class or certified mail or by binary means of 101683
the filing of the petition. It is the obligation of the 101684
certificate holder to file a proof of claim with the bankruptcy 101685
court to protect the holder's interest in the certificate parcel. 101686
The last day on which the certificate holder may file a request 101687
for foreclosure or a notice of intent to foreclose is the later of 101688
six years after the date the tax certificate was sold or the date 101689
negotiated by the county treasurer,the expiration of the 101690
certificate period or one hundred eighty days after the 101691
certificate parcel is no longer property of the bankruptcy estate; 101692
however, the six-year or negotiated period being measured after 101693
the date the certificate was soldcertificate period is tolled 101694
while the property owner's bankruptcy case remains open. If the 101695
certificate holder is a county land reutilization corporation, the 101696
corporation may institute a foreclosure action under the statutes 101697
pertaining to the foreclosure of mortgages or as permitted under 101698
sections 323.65 to 323.79 of the Revised Code at any time after it 101699
acquires such tax certificate, subject to any restrictions under 101700
such bankruptcy law or proceeding.101701

       (c) Interest at the certificate rate of interest continues to 101702
accrue during any extension of time required by division (A)(3)(a) 101703
or (b)(A)(2) of this section unless otherwise provided under Title 101704
11 of the United States Code.101705

       (4)(3) If, before the expiration of three years from the date 101706
a tax certificate was sold, the owner of property for which the 101707
certificate was sold applies for an exemption under section 101708
3735.67 or 5715.27 of the Revised Code or under any other section 101709
of the Revised Code under the jurisdiction of the director of 101710
environmental protection, the county treasurer shall notify the 101711
certificate holder by ordinary first-class or certified mail or by 101712
binary means of the filing of the application. Once a 101713
determination has been made on the exemption application, the 101714
county treasurer shall notify the certificate holder of the 101715
determination by ordinary first-class or certified mail or by 101716
binary means. Except with respect to a county land reutilization 101717
corporation, the last day on which the certificate holder may file 101718
a request for foreclosure shall be the later of three years from 101719
the date the certificate was sold or forty-five days after notice 101720
of the determination was provided.101721

       (B) When a request for foreclosure or a notice of intent to 101722
foreclose is filed under division (A)(1) or (2) of this section, 101723
the certificate holder shall submit a payment to the county 101724
treasurer equal to the sum of the following:101725

       (1) The certificate redemption prices of all outstanding tax 101726
certificates that have been sold on the parcel, other than tax 101727
certificates held by the person requesting foreclosure;101728

       (2) Any taxes, assessments, penalties, interest, and charges 101729
appearing on the tax duplicate charged against the certificate 101730
parcel that is the subject of the foreclosure proceedings and that 101731
are not covered by a tax certificate, but such amounts are not 101732
payable if the certificate holder is a county land reutilization 101733
corporation;101734

       (3) If the foreclosure proceedings are filed by the county 101735
prosecuting attorney pursuant to section 323.25, sections 323.65 101736
to 323.79, or section 5721.14 or 5721.18 of the Revised Code, a 101737
fee in the amount prescribed by the county prosecuting attorney to 101738
cover the prosecuting attorney's legal costs incurred in the 101739
foreclosure proceeding.101740

       (C)(1) With respect to a certificate purchased under section 101741
5721.32, 5721.33, or 5721.42 of the Revised Code, if the 101742
certificate parcel has not been redeemed and at least one 101743
certificate respecting the certificate parcel, held by the 101744
certificate holder filing the request for foreclosure and eligible 101745
to be enforced through a foreclosure proceeding, has not been 101746
voided under section 5721.381 of the Revised Code, the county 101747
treasurer, within five days after receiving a foreclosure request 101748
and the payment required under division (B) of this section, shall 101749
certify notice to that effect to the county prosecuting attorney 101750
and shall provide a copy of the foreclosure request. The county 101751
treasurer also shall send notice by ordinary first class or 101752
certified mail to all certificate holders other than the 101753
certificate holder requesting foreclosure that foreclosure has 101754
been requested by a certificate holder and that payment for the 101755
tax certificates is forthcoming. Within ninety days of receiving 101756
the copy of the foreclosure request, the prosecuting attorney 101757
shall commence a foreclosure proceeding in the name of the county 101758
treasurer in the manner provided under section 323.25, sections 101759
323.65 to 323.79, or section 5721.14 or 5721.18 of the Revised 101760
Code, to enforce the lien vested in the certificate holder by the 101761
certificate. The prosecuting attorney shall attach to the 101762
complaint the foreclosure request and the county treasurer's 101763
written certification.101764

       (2) With respect to a certificate purchased under section 101765
5721.32, 5721.33, or 5721.42 of the Revised Code, if the 101766
certificate parcel has not been redeemed, at least one certificate 101767
respecting the certificate parcel, held by the certificate holder 101768
filing the notice of intent to foreclose and eligible to be 101769
enforced through a foreclosure proceeding, has not been voided 101770
under section 5721.381 of the Revised Code, a notice of intent to 101771
foreclose has been filed, and the payment required under division 101772
(B) of this section has been made, the county treasurer shall 101773
certify notice to that effect to the private attorney. The county 101774
treasurer also shall send notice by ordinary first class or 101775
certified mail or by binary means to all certificate holders other 101776
than the certificate holder represented by the attorney that a 101777
notice of intent to foreclose has been filed and that payment for 101778
the tax certificates is forthcoming. After receipt of the 101779
treasurer's certification and not later than one hundred twenty 101780
days after the filing of the intent to foreclose or the number of 101781
days specified under the terms of a negotiated sale under section 101782
5721.33 of the Revised Code, the private attorney shall commence a 101783
foreclosure proceeding in the name of the certificate holder in 101784
the manner provided under division (F) of this section to enforce 101785
the lien vested in the certificate holder by the certificate. The 101786
private attorney shall attach to the complaint the notice of 101787
intent to foreclose and the county treasurer's written 101788
certification.101789

       (D) The county treasurer shall credit the amount received 101790
under division (B)(1) of this section to the tax certificate 101791
redemption fund. The tax certificates respecting the payment shall 101792
be paid as provided in division (D) of section 5721.38 of the 101793
Revised Code. The amount received under division (B)(2) of this 101794
section shall be distributed to the taxing districts to which the 101795
delinquent and unpaid amounts are owed. The county treasurer shall 101796
deposit the fee received under division (B)(3) of this section in 101797
the county treasury to the credit of the delinquent tax and 101798
assessment collection fund. 101799

       (E)(1)(a) Except with respect to a county land reutilization 101800
corporation, if, in the case of a certificate purchased under 101801
section 5721.32 of the Revised Code, or under section 5721.42 of 101802
the Revised Code by the holder of a certificate issued under 101803
section 5721.32 of the Revised Code, the certificate holder does 101804
not file with the county treasurer a request for foreclosure or a 101805
notice of intent to foreclose with the required payment within six 101806
years after the date shown on the tax certificate as the date the 101807
certificate was sold or within the period provided under division 101808
(A)(3)(a) of this section, and during that time the certificate 101809
has not been voided under section 5721.381 of the Revised Code and 101810
the parcel has not been redeemed or foreclosed upon, the 101811
certificate holder's lien against the parcel is canceled, and the 101812
certificate is voided, subject to division (E)(1)(b) of this 101813
section. 101814

       (b) In the case of any tax certificate purchased under 101815
section 5721.32 of the Revised Code or under section 5721.42 of 101816
the Revised Code by the holder of a certificate issued under 101817
section 5721.32 of the Revised Code prior to June 24, 2008, the 101818
county treasurer, upon application by the certificate holder, may 101819
sell to the certificate holder a new certificate extending the 101820
three-year period prescribed by division (E)(1) of this section, 101821
as that division existed prior to that date, to six years after 101822
the date shown on the original certificate as the date it was sold 101823
or any extension of that date.101824

       (2)(a) Except with respect to a county land reutilization 101825
corporation, if, in the case of a certificate purchased under 101826
section 5721.33 of the Revised Code, or under section 5721.42 of 101827
the Revised Code by the holder of a certificate issued under 101828
section 5721.33 of the Revised Code, the certificate holder does 101829
not file with the county treasurer a request for foreclosure or a 101830
notice of intent to foreclose with respect to a certificate parcel 101831
with the required payment within six years after the date shown on 101832
the tax certificate as the date the certificate was soldthe 101833
certificate period or any extension of that dateperiod pursuant 101834
to division (C)(2) of section 5721.38 of the Revised Code, or 101835
within the period provided under division (A)(3)(b)(A)(2) of this 101836
section or as specified under the terms of a negotiated sale under 101837
section 5721.33 of the Revised Code, and during that time the 101838
certificate has not been voided under section 5721.381 of the 101839
Revised Code and the certificate parcel has not been redeemed or 101840
foreclosed upon, the certificate holder's lien against the parcel 101841
is canceled and the certificate is voided, subject to division 101842
(E)(2)(b)(E)(2) of this section.101843

       (b)(2) In the case of any tax certificate purchased under 101844
section 5721.335721.32 of the Revised Code or under section 101845
5721.42 of the Revised Code by the holder of a certificate issued 101846
under section 5721.32 of the Revised Code prior to October 10, 101847
2000June 24, 2008, the county treasurer, upon application by the 101848
certificate holder, may sell to the certificate holder a new 101849
certificate extending the three-year period prescribed by division 101850
(E)(2)(E)(1) of this section, as that division existed prior to101851
October 10, 2000that date, to six years after the date shown on 101852
the original certificate as the date it was sold or any extension 101853
of that date. 101854

       (3) The county treasurer and the certificate holder shall 101855
negotiate the premium, in cash, to be paid for a new certificate 101856
sold under division (E)(1)(b) or (2)(b)(E)(2) of this section. If 101857
the county treasurer and certificate holder do not negotiate a 101858
mutually acceptable premium, the county treasurer and certificate 101859
holder may agree to engage a person experienced in the valuation 101860
of financial assets to appraise a fair premium for the new 101861
certificate. The certificate holder has the option to purchase the 101862
new certificate for the fair premium so appraised. Not less than 101863
one-half of the fee of the person so engaged shall be paid by the 101864
certificate holder requesting the new certificate; the remainder 101865
of the fee shall be paid from the proceeds of the sale of the new 101866
certificate. If the certificate holder does not purchase the new 101867
certificate for the premium so appraised, the certificate holder 101868
shall pay the entire fee. The county treasurer shall credit the 101869
remaining proceeds from the sale to the items of taxes, 101870
assessments, penalties, interest, and charges in the order in 101871
which they became due.101872

       (4) A certificate issued under division (E)(1)(b) or 101873
(2)(b)(E)(2) of this section vests in the certificate holder and 101874
its secured party, if any, the same rights, interests, privileges, 101875
and immunities as are vested by the original certificate under 101876
sections 5721.30 to 5721.43 of the Revised Code. The certificate 101877
shall be issued in the same form as the form prescribed for the 101878
original certificate issued except for any modifications 101879
necessary, in the county treasurer's discretion, to reflect the 101880
extension under this division of the certificate holder's lien to 101881
six years after the date shown on the original certificate as the 101882
date it was sold or any extension of that date. The certificate 101883
holder may record a certificate issued under division (E)(1)(b) or 101884
(2)(b)(E)(2) of this section or memorandum thereof as provided in 101885
division (B) of section 5721.35 of the Revised Code, and the 101886
county recorder shall index the certificate and record any 101887
subsequent cancellation of the lien as provided in that section. 101888
The sale of a certificate extending the lien under division 101889
(E)(1)(b) or (2)(b)(E)(2) of this section does not impair the 101890
right of redemption of the owner of record of the certificate 101891
parcel or of any other person entitled to redeem the property.101892

       (5)(3) If the holder of a certificate purchased under section 101893
5721.32, 5721.33, or 5721.42 of the Revised Code submits a notice 101894
of intent to foreclose to the county treasurer but fails to file a 101895
foreclosure action in a court of competent jurisdiction within the 101896
time specified in division (C)(2) of this section, the liens 101897
represented by all tax certificates respecting the certificate 101898
parcel held by that certificate holder, and for which the deadline 101899
for filing a notice of intent to foreclose has passed, are 101900
canceled and the certificates voided, and the certificate holder 101901
forfeits the payment of the amounts described in division (B)(2) 101902
of this section.101903

       (F) With respect to tax certificates purchased under section 101904
5721.32, 5721.33, or 5721.42 of the Revised Code, upon the 101905
delivery to the private attorney by the county treasurer of the 101906
certification provided for under division (C)(2) of this section, 101907
the private attorney shall institute a foreclosure proceeding 101908
under this division in the name of the certificate holder to 101909
enforce the holder's lien, in any court or board of revision with 101910
jurisdiction, unless the certificate redemption price is paid 101911
prior to the time a complaint is filed. The attorney shall 101912
prosecute the proceeding to final judgment and satisfaction, 101913
whether through sale of the property or the vesting of title and 101914
possession in the certificate holder or other disposition under 101915
sections 323.65 to 323.79 of the Revised Code or as may otherwise 101916
be provided by law.101917

       The foreclosure proceedings under this division, except as 101918
otherwise provided in this division, shall be instituted and 101919
prosecuted in the same manner as is provided by law for the 101920
foreclosure of mortgages on land, except that, if service by 101921
publication is necessary, such publication shall be made once a 101922
week for three consecutive weeks and the service shall be complete 101923
at the expiration of three weeks after the date of the first 101924
publication.101925

       Any notice given under this division shall include the name 101926
of the owner of the parcel as last set forth in the records of the 101927
county recorder, the owner's last known mailing address, the 101928
address of the subject parcel if different from that of the owner, 101929
and a complete legal description of the subject parcel. In any 101930
county that has adopted a permanent parcel number system, such 101931
notice may include the permanent parcel number in addition to a 101932
complete legal description.101933

       It is sufficient, having been made a proper party to the 101934
foreclosure proceeding, for the certificate holder to allege in 101935
such holder's complaint that the tax certificate has been duly 101936
purchased by the certificate holder, that the certificate 101937
redemption price is due and unpaid, that there is a lien against 101938
the property described in the tax certificate, and, if applicable, 101939
that the certificate holder desires to invoke the alternative 101940
redemption period prescribed in sections 323.65 to 323.79 of the 101941
Revised Code, without setting forth in such holder's complaint any 101942
other special matter relating to the foreclosure proceeding. The 101943
complaint shall pray for an order directing the sheriff, or the 101944
bailiff if the complaint is filed in municipal court, to offer the 101945
property for sale in the manner provided in section 5721.19 of the 101946
Revised Code or otherwise transferred according to any applicable 101947
procedures provided in sections 323.65 to 323.79 of the Revised 101948
Code, unless the complaint documents that the county auditor has 101949
determined that the true value of the certificate parcel is less 101950
than the certificate purchase price. In that case, the prayer of 101951
the complaint shall request that fee simple title to the property 101952
be transferred to and vested in the certificate holder free and 101953
clear of all subordinate liens.101954

       In the foreclosure proceeding, the certificate holder may 101955
join in one action any number of tax certificates relating to the 101956
same owner. However, the decree for each tax certificate shall be 101957
rendered separately and any proceeding may be severed, in the 101958
discretion of the court or board of revision, for the purpose of 101959
trial or appeal. Except as may otherwise be provided in sections 101960
323.65 to 323.79 of the Revised Code, upon confirmation of sale, 101961
the court or board of revision shall order payment of all costs 101962
related directly or indirectly to the tax certificate, including, 101963
without limitation, attorney's fees of the holder's attorney in 101964
accordance with section 5721.371 of the Revised Code. The tax 101965
certificate purchased by the certificate holder is presumptive 101966
evidence in all courts and boards of revision and in all 101967
proceedings, including, without limitation, at the trial of the 101968
foreclosure action, of the amount and validity of the taxes, 101969
assessments, charges, penalties by the court and added to such 101970
principal amount, and interest appearing due and unpaid and of 101971
their nonpayment.101972

       (G) If a parcel is sold under this section, the officer who 101973
conducted the sale shall collect the recording fee from the 101974
purchaser at the time of the sale and, following confirmation of 101975
the sale, shall prepare and record the deed conveying the title to 101976
the parcel to the purchaser.101977

       Sec. 5721.38.  (A) At any time prior to payment to the county 101978
treasurer by the certificate holder to initiate foreclosure 101979
proceedings under division (B) of section 5721.37 of the Revised 101980
Code, the owner of record of the certificate parcel, or any other 101981
person entitled to redeem that parcel, may redeem the parcel by 101982
paying to the county treasurer an amount equal to the total of the 101983
certificate redemption prices of all tax certificates respecting 101984
that parcel.101985

       (B) At any time after payment to the county treasurer by the 101986
certificate holder to initiate foreclosure proceedings under 101987
section 5721.37 of the Revised Code, and before the filing of the 101988
entry of confirmation of sale of a certificate parcel, or the 101989
expiration of the alternative redemption period defined in section 101990
323.65 of the Revised Code under foreclosure proceedings filed by 101991
the county prosecuting attorney, and before the decree conveying 101992
title to the certificate holder is rendered as provided for in 101993
division (F) of section 5721.37 of the Revised Code, the owner of 101994
record of the certificate parcel or any other person entitled to 101995
redeem that parcel may redeem the parcel by paying to the county 101996
treasurer the sum of the following amounts:101997

       (1) The amount described in division (A) of this section;101998

       (2) Interest on the certificate purchase price for each tax 101999
certificate sold respecting the parcel at the rate of eighteen per 102000
cent per year for the period beginning on the day on which the 102001
payment was submitted by the certificate holder and ending on the 102002
day the parcel is redeemed under this division;102003

       (3) An amount equal to the sum of the county prosecuting 102004
attorney's fee under division (B)(3) of section 5721.37 of the 102005
Revised Code plus interest on that amount at the rate of eighteen 102006
per cent per year beginning on the day on which the payment was 102007
submitted by the certificate holder and ending on the day the 102008
parcel is redeemed under this division. If the parcel is redeemed 102009
before the complaint has been filed, the prosecuting attorney 102010
shall adjust the fee to reflect services performed to the date of 102011
redemption, and the county treasurer shall calculate the interest 102012
based on the adjusted fee and refund any excess fee to the 102013
certificate holder.102014

       (4) Reasonable attorney's fees in accordance with section 102015
5721.371 of the Revised Code if the certificate holder retained a 102016
private attorney to foreclose the lien;102017

       (5) Any other costs and fees of the proceeding allocable to 102018
the certificate parcel as determined by the court or board of 102019
revision. 102020

        The county treasurer may collect the total amount due under 102021
divisions (B)(1) to (5) of this section in the form of guaranteed 102022
funds acceptable to the treasurer. Immediately upon receipt of 102023
such payments, the county treasurer shall reimburse the 102024
certificate holder who initiated foreclosure proceedings as 102025
provided in division (D) of this section. The county treasurer 102026
shall pay the certificate holder interest at the rate of eighteen 102027
per cent per year on amounts paid under divisions (B)(2) and (3) 102028
of section 5721.37 of the Revised Code, beginning on the day the 102029
certificate holder paid the amounts under those divisions and 102030
ending on the day the parcel is redeemed under this section.102031

       (C)(1) During the period beginning on the date a tax 102032
certificate is sold under section 5721.32 of the Revised Code and 102033
ending one year from that date, the county treasurer may enter 102034
into a redemption payment plan with the owner of record of the 102035
certificate parcel or any other person entitled to redeem that 102036
parcel. The plan shall require the owner or other person to pay 102037
the certificate redemption price for the tax certificate in 102038
installments, with the final installment due no later than one 102039
year after the date the tax certificate is sold. The certificate 102040
holder may at any time, by written notice to the county treasurer, 102041
agree to accept installments collected to the date of notice as 102042
payment in full. Receipt of such notice by the treasurer shall 102043
constitute satisfaction of the payment plan and redemption of the 102044
tax certificate.102045

       (2) During the period beginning on the date a tax certificate 102046
is sold under section 5721.33 of the Revised Code and ending on 102047
the date the decree is rendered on the foreclosure proceeding 102048
under division (F) of section 5721.37 of the Revised Code, the 102049
owner of record of the certificate parcel, or any other person 102050
entitled to redeem that parcel, may enter into a redemption 102051
payment plan with the certificate holder and all secured parties 102052
of the certificate holder. The plan shall require the owner or 102053
other person to pay the certificate redemption price for the tax 102054
certificate, an administrative fee not to exceed one hundred 102055
dollars per year, and the actual fees and costs incurred, in 102056
installments, with the final installment due no later than six 102057
years after the date the tax certificate is soldthe expiration of 102058
the certificate period. The certificate holder shall give written 102059
notice of the plan to the applicable county treasurer within sixty 102060
days after entering into the plan and written notice of default 102061
under the plan within ninety days after the default. If such a 102062
plan is entered into, the time period for filing a request for 102063
foreclosure or a notice of intent to foreclose under section 102064
5721.37 of the Revised Code is extended by the length of time the 102065
plan is in effect and not in default.102066

       (D)(1) Immediately upon receipt of full payment under 102067
division (A) or (B) of this section, the county treasurer shall 102068
make an entry to that effect in the tax certificate register, 102069
credit the payment to the tax certificate redemption fund created 102070
in the county treasury, and shall notify the certificate holder or 102071
holders by ordinary first class or certified mail or by binary 102072
means that the parcel has been redeemed and the lien or liens 102073
canceled, and that payment on the certificate or certificates is 102074
forthcoming. The treasurer shall pay the tax certificate holder or 102075
holders promptly.102076

       The county treasurer shall administer the tax certificate 102077
redemption fund for the purpose of redeeming tax certificates. 102078
Interest earned on the fund shall be credited to the county 102079
general fund. If the county has established a county land 102080
reutilization corporation, the county treasurer may apply interest 102081
earned on the fund to the payment of the expenses of such 102082
corporation.102083

       (2) If a redemption payment plan is entered into pursuant to 102084
division (C)(1) of this section, the county treasurer immediately 102085
shall notify each certificate holder by ordinary first class or 102086
certified mail or by binary means of the terms of the plan. 102087
Installment payments made pursuant to the plan shall be deposited 102088
in the tax certificate redemption fund. Any overpayment of the 102089
installments shall be refunded to the person responsible for 102090
causing the overpayment if the person applies for a refund under 102091
this section. If the person responsible for causing the 102092
overpayment fails to apply for a refund under this section within 102093
five years from the date the plan is satisfied, an amount equal to 102094
the overpayment shall be deposited into the general fund of the 102095
county. If the county has established a county land reutilization 102096
corporation, the county treasurer may apply such overpayment to 102097
the payment of the expenses of the corporation.102098

       Upon satisfaction of the plan, the county treasurer shall 102099
indicate in the tax certificate register that the plan has been 102100
satisfied, and shall notify each certificate holder by ordinary 102101
first class or certified mail or by binary means that the plan has 102102
been satisfied and that payment on the certificate or certificates 102103
is forthcoming. The treasurer shall pay each certificate holder 102104
promptly.102105

       If a redemption payment plan becomes void, the county 102106
treasurer shall notify each certificate holder by ordinary first 102107
class or certified mail or by binary means. If a certificate 102108
holder files a request for foreclosure under section 5721.37 of 102109
the Revised Code, upon the filing of the request for foreclosure, 102110
any money paid under the plan shall be refunded to the person that 102111
paid the money under the plan.102112

       (3) Upon receipt of the payment required under division 102113
(B)(1) of section 5721.37 of the Revised Code, the treasurer shall 102114
pay all other certificate holders and indicate in the tax 102115
certificate register that such certificates have been satisfied. 102116
If a county has organized a county land reutilization corporation, 102117
the county treasurer may apply the redemption price and any 102118
applicable interest payable under division (B) of this section to 102119
the payment of the expenses of the corporation.102120

       Sec. 5721.42.  After the settlement required under division 102121
(C) of section 321.24 of the Revised Code, the county treasurer 102122
shall notify the certificate holder of the most recently issued 102123
tax certificate, by ordinary first class or certified mail or by 102124
binary means, that the certificate holder may purchase a 102125
subsequent tax certificate by paying all delinquent taxes on the 102126
related certificate parcel, the lien against which has not been 102127
transferred by the sale of a tax certificate. During the thirty 102128
days after receiving the notice, the certificate holder possesses 102129
the exclusive right to purchase the subsequent tax certificate by 102130
paying those amounts to the county treasurer. The amount of the 102131
payment shall constitute a separate lien against the certificate 102132
parcel that shall be evidenced by the issuance by the treasurer to 102133
the certificate holder of an additional tax certificate with 102134
respect to the delinquent taxes so paid on the related certificate 102135
parcel. The amount of the payment as set forth in the tax 102136
certificate shall earn interest at the rate of eighteen per cent 102137
per year. The certificate period of each subsequent tax 102138
certificate shall terminate on the expiration date of the 102139
certificate period of the most recent tax certificate for the same 102140
certificate parcel.102141

       Sec. 5722.13.  Real property acquired and held by an electing 102142
subdivision pursuant to this chapter that is not sold or otherwise 102143
transferred within fifteen years after such acquisition shall be 102144
offered for sale at public auction during the sixteenth year after 102145
acquisition. If the real property is not sold at that time, it may 102146
be disposed of or retained for any lawful purpose without further 102147
application of this chapter.102148

       Notice of the sale shall contain a description of each 102149
parcel, the permanent parcel number, and the full street address 102150
when available. The notice shall be published once a week for 102151
three consecutive weeks prior to the sale in a newspaper of 102152
general circulation within the electing subdivision. The newspaper 102153
shall meet the requirements of section 7.12 of the Revised Code.102154

       Each parcel subsequent to the fifteenth year after its 102155
acquisition as part of a land reutilization program shall be sold 102156
for an amount equal to not less than the greater of:102157

       (A) Two-thirds of its fair market value;102158

       (B) The total amount of accrued taxes, assessments, 102159
penalties, interest, charges, and costs incurred by the electing 102160
subdivision in the acquisition, maintenance, and disposal of each 102161
parcel and the parcel's share of the costs and expenses of the 102162
land reutilization program.102163

        The sale requirements of this section do not apply to real 102164
property acquired and held by a county land reutilization 102165
corporation.102166

       Sec. 5723.05.  If the taxes, assessments, charges, penalties, 102167
interest, and costs due on the forfeited lands have not been paid 102168
when the county auditor fixes the date for the sale of forfeited 102169
lands, the auditor shall give notice of them once a week for two 102170
consecutive weeks prior to the date fixed by the auditor for the 102171
sale, in two newspapers as provided in section 5721.03 of the 102172
Revised Code. The notice shall state that if the taxes, 102173
assessments, charges, penalties, interest, and costs charged 102174
against the lands forfeited to the state for nonpayment of taxes 102175
are not paid into the county treasury, and the county treasurer's 102176
receipt produced for the payment before the time specified in the 102177
notice for the sale of the lands, which day shall be named in the 102178
notice, each forfeited tract on which the taxes, assessments, 102179
charges, penalties, interest, and costs remain unpaid will be 102180
offered for sale beginning on the date set by the auditor, at the 102181
courthouse in the county, in order to satisfy the unpaid taxes, 102182
assessments, charges, penalties, interest, and costs, and that the 102183
sale will continue from day to day until each of the tracts is 102184
sold or offered for sale.102185

       The notice also shall state that, if the forfeited land is 102186
sold for an amount that is less than the amount of the delinquent 102187
taxes, assessments, charges, penalties, and interest against it, 102188
and, if division (B)(2) of section 5721.17 of the Revised Code is 102189
applicable, any notes issued by a receiver pursuant to division 102190
(F) of section 3767.41 of the Revised Code and any receiver's lien 102191
as defined in division (C)(4) of section 5721.18 of the Revised 102192
Code, the court, in a separate order, may enter a deficiency 102193
judgment against the last owner of record of the land before its 102194
forfeiture to the state, for the amount of the difference; and 102195
that, if that owner of record is a corporation, the court may 102196
enter the deficiency judgment against the stockholder holding a 102197
majority of that corporation's stock.102198

       Sec. 5725.151.  (A) As used in this section, "certificate 102199
owner" has the same meaning as in section 149.311 of the Revised 102200
Code.102201

       (B) There is allowed a credit against the tax imposed by 102202
section 5707.03 and assessed under section 5725.15 of the Revised 102203
Code for a dealer in intangibles subject to that tax that is a 102204
certificate owner of a rehabilitation tax credit certificate 102205
issued under section 149.311 of the Revised Code. The credit shall 102206
equal twenty-five per cent of the dollar amount indicated on the 102207
certificate, but the amount of the credit allowed for any dealer 102208
for any year shall not exceed five million dollars. The credit 102209
shall be claimed in the calendar year specified in the 102210
certificate. If the credit exceeds the amount of tax otherwise due 102211
in that year, the excess shall be refunded to the dealer but, if 102212
any amount of the credit is refunded, the sum of the amount 102213
refunded and the amount applied to reduce the tax otherwise due in 102214
that year shall not exceed three million dollars. The dealer may 102215
carry forward any balance of the credit in excess of the amount 102216
claimed in that year for not more than five ensuing years, and 102217
shall deduct any amount claimed in any such year from the amount 102218
claimed in an ensuing year.102219

       (C) A dealer in intangibles claiming a credit under this 102220
section shall retain the rehabilitation tax credit certificate for 102221
four years following the end of the year in which the credit was 102222
claimed, and shall make the certificate available for inspection 102223
by the tax commissioner upon the request of the tax commissioner 102224
during that period.102225

       (D) For the purpose of division (C) of section 5725.24 of the 102226
Revised Code, reductions in the amount of taxes collected on 102227
account of credits allowed under this section shall be applied to 102228
reduce the amount credited to the general revenue fund and shall 102229
not be applied to reduce the amount to be credited to the 102230
undivided local government funds of the counties in which such 102231
taxes originate.102232

       Sec. 5725.24. (A) As used in this section, "qualifying 102233
dealer" means a dealer in intangibles that is a qualifying dealer 102234
in intangibles as defined in section 5733.45 of the Revised Code 102235
or a member of a qualifying controlled group, as defined in 102236
section 5733.04 of the Revised Code, of which an insurance company 102237
also is a member on the first day of January of the year in and 102238
for which the tax imposed by section 5707.03 of the Revised Code 102239
is required to be paid by the dealer.102240

       (B) The taxes levied by section 5725.18 of the Revised Code 102241
and collected pursuant to this chapter shall be paid into the 102242
state treasury to the credit of the general revenue fund.102243

       (C)(B) The taxes levied by section 5707.03 of the Revised 102244
Code on the value of shares in and capital employed by all dealers 102245
in intangibles other than those that are qualifying dealers shall 102246
be for the use ofpaid into the state treasury to the credit of102247
the general revenue fund of the state and the local government 102248
funds of the several counties in which the taxes originate as 102249
provided in this division.102250

       During each month for which there is money in the state 102251
treasury for disbursement under this division, the tax 102252
commissioner shall provide for payment to the county treasurer of 102253
each county of five-eighths of the amount of the taxes collected 102254
on account of shares in and capital employed by dealers in 102255
intangibles other than those that are qualifying dealers, 102256
representing capital employed in the county. The balance of the 102257
money received and credited on account of taxes assessed on shares 102258
in and capital employed by such dealers in intangibles shall be 102259
credited to the general revenue fund.102260

       Reductions in the amount of taxes collected on account of 102261
credits allowed under section 5725.151 of the Revised Code shall 102262
be applied to reduce the amount credited to the general revenue 102263
fund and shall not be applied to reduce the amount to be credited 102264
to the undivided local government funds of the counties in which 102265
such taxes originate.102266

       For the purpose of this division, such taxes are deemed to 102267
originate in the counties in which such dealers in intangibles 102268
have their offices.102269

       Money received into the treasury of a county pursuant to this 102270
section shall be credited to the undivided local government fund 102271
of the county and shall be distributed by the budget commission as 102272
provided by law.102273

       (D) All of the taxes levied under section 5707.03 of the 102274
Revised Code on the value of the shares in and capital employed by 102275
dealers in intangibles that are qualifying dealers shall be paid 102276
into the state treasury to the credit of the general revenue fund.102277

       Sec. 5725.34.  (A) As used in this section, "certificate 102278
owner" has the same meaning as in section 149.311 of the Revised 102279
Code.102280

       (B) There is allowed a credit against the tax imposed by 102281
section 5725.18 of the Revised Code for an insurance company 102282
subject to that tax that is a certificate owner of a 102283
rehabilitation tax credit certificate issued under section 149.311 102284
of the Revised Code. The credit shall equal twenty-five per cent 102285
of the dollar amount indicated on the certificate, but the amount 102286
of the credit allowed for any company for any year shall not 102287
exceed five million dollars. The credit shall be claimed in the 102288
calendar year specified in the certificate and in the order 102289
required under section 5725.98 of the Revised Code. If the credit 102290
exceeds the amount of tax otherwise due in that year, the excess 102291
shall be refunded to the company but, if any amount of the credit 102292
is refunded, the sum of the amount refunded and the amount applied 102293
to reduce the tax otherwise due in that year shall not exceed 102294
three million dollars. The company may carry forward any balance 102295
of the credit in excess of the amount claimed in that year for not 102296
more than five ensuing years, and shall deduct any amount claimed 102297
in any such year from the amount claimed in an ensuing year.102298

       (C) An insurance company claiming a credit under this section 102299
shall retain the rehabilitation tax credit certificate for four 102300
years following the end of the year in which the credit was 102301
claimed, and shall make the certificate available for inspection 102302
by the tax commissioner upon the request of the tax commissioner 102303
during that period.102304

       Sec. 5725.98. (A) To provide a uniform procedure for 102305
calculating the amount of tax imposed by section 5725.18 of the 102306
Revised Code that is due under this chapter, a taxpayer shall 102307
claim any credits and offsets against tax liability to which it is 102308
entitled in the following order:102309

       (1) The credit for an insurance company or insurance company 102310
group under section 5729.031 of the Revised Code;102311

       (2) The credit for eligible employee training costs under 102312
section 5725.31 of the Revised Code;102313

       (3) The credit for purchasers of qualified low-income 102314
community investments under section 5725.33 of the Revised Code;102315

       (4) The nonrefundable job retention credit under division 102316
(B)(1) of section 122.171 of the Revised Code;102317

       (5) The offset of assessments by the Ohio life and health 102318
insurance guaranty association permitted by section 3956.20 of the 102319
Revised Code;102320

       (6) The refundable credit for rehabilitating a historic 102321
building under section 5725.34 of the Revised Code.102322

       (7) The refundable credit for Ohio job retention under 102323
division (B)(2) or (3) of section 122.171 of the Revised Code;102324

       (7)(8) The refundable credit for Ohio job creation under 102325
section 5725.32 of the Revised Code;102326

       (8)(9) The refundable credit under section 5725.19 of the 102327
Revised Code for losses on loans made under the Ohio venture 102328
capital program under sections 150.01 to 150.10 of the Revised 102329
Code.102330

       (B) For any credit except the refundable credits enumerated 102331
in this section, the amount of the credit for a taxable year shall 102332
not exceed the tax due after allowing for any other credit that 102333
precedes it in the order required under this section. Any excess 102334
amount of a particular credit may be carried forward if authorized 102335
under the section creating that credit. Nothing in this chapter 102336
shall be construed to allow a taxpayer to claim, directly or 102337
indirectly, a credit more than once for a taxable year.102338

       Sec. 5727.57.  In addition to all other remedies for the 102339
collection of any taxes or penalties due under law, whenever any 102340
taxes, fees, or penalties due from any public utility have 102341
remained unpaid for a period of ninety days, or whenever any 102342
public utility has failed for a period of ninety days to make any 102343
report or return required by law, or to pay any penalty for 102344
failure to make or file such report or return, the attorney 102345
general, upon the request of the tax commissioner, shall file a 102346
petition in the court of common pleas in the county of the state 102347
in which such public utility has its principal place of business 102348
for a judgment for the amount of the taxes and penalties appearing 102349
to be due, the enforcement of any lien in favor of the state, and 102350
an injunction to restrain such public utility and its officers, 102351
directors, and managing agents from the transaction of any 102352
business within this state, other than such acts as are incidental 102353
to liquidation or winding up, until the payment of such taxes, 102354
fees, penalties, and the costs of the proceeding, which shall be 102355
fixed by the court, or the making and filing of such report or 102356
return.102357

       Such petition shall be in the name of the state. All or any 102358
of the public utilities having their principal places of business 102359
in the county may be joined in one suit. On the motion of the 102360
attorney general, the court of common pleas shall enter an order 102361
requiring all defendants to answer by a day certain, and may 102362
appoint a special master commissioner to take testimony, with such 102363
other power and authority as the court confers, and permit process 102364
to be served by certified mail and by publication in a newspaper 102365
of general circulation published in the county, which publication 102366
need not be made more than once, setting forth the name of each 102367
delinquent public utility, the matter in which such public utility 102368
is delinquent, the names of its officers, directors, and managing 102369
agents, if set forth in the petition, and the amount of any taxes, 102370
fees, or penalties claimed to be owing by said public utility.102371

       All of the officers, directors, shareholders, or managing 102372
agents of any public utility may be joined as defendants with such 102373
public utility.102374

       If it appears to the court upon hearing that any public 102375
utility which is a party to such proceeding is indebted to the 102376
state for taxes, fees, or penalties, judgment shall be entered 102377
therefor with interest, which shall be computed at the rate per 102378
annum prescribed by section 5703.47 of the Revised Code; and if it 102379
appears that any public utility has failed to make or file any 102380
report or return, a mandatory injunction may be issued against 102381
such public utility, its officers, directors, and managing agents, 102382
as such enjoining them from the transaction of any business within 102383
this state, other than acts incidental to liquidation or winding 102384
up, until the making and filing of all proper reports or returns 102385
and the payment in full of all taxes, fees, and penalties.102386

       If the officers, directors, shareholders, or managing agents 102387
of a public utility are not made parties in the first instance, 102388
and a judgment or an injunction is rendered or issued against such 102389
public utility, such officers, directors, shareholders, or 102390
managing agents, or any of them, may be made parties to such 102391
proceedings upon the motion of the attorney general, and, upon 102392
notice to them of the form and terms of such injunction, they 102393
shall be bound thereby as fully as if they had been made parties 102394
in the first instance.102395

       In any action authorized by this section, a statement of the 102396
commissioner or the secretary of state, when duly certified shall 102397
be prima-facie evidence of the amount of taxes, fees, or penalties 102398
due from any public utility, or of the failure of any public 102399
utility to file with the commissioner or the secretary of state 102400
any report required by law, and any such certificate of the 102401
commissioner or the secretary of state may be required in evidence 102402
in any such proceeding.102403

       On the application of any defendant and for good cause shown, 102404
the court may order a separate hearing of the issues as to any 102405
defendant.102406

       The costs of the proceeding shall be apportioned among the 102407
parties as the court deems proper.102408

       The court in such proceeding may make, enter, and enforce 102409
such other judgments and orders and grant such other relief as is 102410
necessary or incidental to the enforcement of the claims and lien 102411
of the state.102412

       In the performance of the duties enjoined upon him by this 102413
section the attorney general may direct any prosecuting attorney 102414
to bring an action, as authorized by this section, in the name of 102415
the state with respect to any delinquent public utilities within102416
histhe prosecuting attorney's county, and like proceedings and 102417
orders shall be had as if such action were instituted by the 102418
attorney general.102419

       Sec. 5727.84.  (A) As used in this section and sections 102420
5727.85, 5727.86, and 5727.87 of the Revised Code:102421

       (1) "School district" means a city, local, or exempted 102422
village school district.102423

       (2) "Joint vocational school district" means a joint 102424
vocational school district created under section 3311.16 of the 102425
Revised Code, and includes a cooperative education school district 102426
created under section 3311.52 or 3311.521 of the Revised Code and 102427
a county school financing district created under section 3311.50 102428
of the Revised Code.102429

       (3) "Local taxing unit" means a subdivision or taxing unit, 102430
as defined in section 5705.01 of the Revised Code, a park district 102431
created under Chapter 1545. of the Revised Code, or a township 102432
park district established under section 511.23 of the Revised 102433
Code, but excludes school districts and joint vocational school 102434
districts.102435

       (4) "State education aid," for a school district, means the 102436
following:102437

       (a) For fiscal years prior to fiscal year 2010, the sum of 102438
state aid amounts computed for the district under the following 102439
provisions, as they existed for the applicable fiscal year:102440
divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section 102441
3317.022; divisions (B), (C), and (D) of section 3317.023; 102442
divisions (G), (L), and (N) of section 3317.024; and sections 102443
3317.029, 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and 102444
3317.053 of the Revised Code; and the adjustments required by: 102445
division (C) of section 3310.08; division (C)(2) of section 102446
3310.41; division (C) of section 3314.08; division (D)(2) of 102447
section 3314.091; division (D) of section 3314.13; divisions (E), 102448
(K), (L), (M), and (N) of section 3317.023; division (C) of 102449
section 3317.20; and sections 3313.979 and 3313.981 of the Revised 102450
Code. However, when calculating state education aid for a school 102451
district for fiscal years 2008 and 2009, include the amount 102452
computed for the district under Section 269.20.80 of H.B. 119 of 102453
the 127th general assembly, as subsequently amended, instead of 102454
division (D) of section 3317.022 of the Revised Code; and include 102455
amounts calculated under Section 269.30.80 of this actH.B. 119 of 102456
the 127th general assembly, as subsequently amended.102457

       (b) For fiscal yearyears 2010 and for each fiscal year 102458
thereafter2011, the sum of the amounts computed for the district 102459
under former sections 3306.052, 3306.12, 3306.13, 3306.19, 102460
3306.191, and 3306.192;of the Revised Code and the following 102461
provisions, as they existed for the applicable fiscal year:102462
division (G) of section 3317.024; sections 3317.05, 3317.052, and 102463
3317.053 of the Revised Code; and the adjustments required by 102464
division (C) of section 3310.08; division (C)(2) of section 102465
3310.41; division (C) of section 3314.08; division (D)(2) of 102466
section 3314.091; division (D) of section 3314.13; divisions (E), 102467
(K), (L), (M), and (N) of section 3317.023; division (C) of 102468
section 3317.20; and sections 3313.979 and, 3313.981, and 3326.33102469
of the Revised Code.102470

       (c) For fiscal years 2012 and 2013, the amount paid in 102471
accordance with the section of H.B. 153 of the 129th general 102472
assembly entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL 102473
SCHOOL DISTRICTS" and the adjustments required by division (C) of 102474
section 3310.08; division (C)(2) of section 3310.41; division (C) 102475
of section 3314.08; division (D)(2) of section 3314.091; division 102476
(D) of section 3314.13; divisions (B), (H), (I), (J), and (K) of 102477
section 3317.023; division (C) of section 3317.20; and sections 102478
3313.979 and 3313.981 of the Revised Code.102479

       (5) "State education aid," for a joint vocational school 102480
district, means the following:102481

       (a) For fiscal years prior to fiscal year 2010, the sum of 102482
the state aid amounts computed for the district under division (N) 102483
of section 3317.024 and section 3317.16 of the Revised Code. 102484
However, when calculating state education aid for a joint 102485
vocational school district for fiscal years 2008 and 2009, include 102486
the amount computed for the district under Section 269.30.90 of 102487
H.B. 119 of the 127th general assembly, as subsequently amended.102488

       (b) For fiscal years 2010 and 2011, the amount computed for 102489
the district in accordance with the section of this actH.B. 1 of 102490
the 128th general assembly entitled "FUNDING FOR JOINT VOCATIONAL 102491
SCHOOL DISTRICTS".102492

       (c) For fiscal years 2012 and 2013, the amount paid in 102493
accordance with the section of H.B. 153 of the 129th general 102494
assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS."102495

        (6) "State education aid offset" means the amount determined 102496
for each school district or joint vocational school district under 102497
division (A)(1) of section 5727.85 of the Revised Code.102498

       (7) "Recognized valuation" has the same meaning as in section 102499
3317.02 of the Revised Code.102500

       (8) "Electric company tax value loss" means the amount 102501
determined under division (D) of this section.102502

       (9) "Natural gas company tax value loss" means the amount 102503
determined under division (E) of this section.102504

       (10) "Tax value loss" means the sum of the electric company 102505
tax value loss and the natural gas company tax value loss.102506

       (11) "Fixed-rate levy" means any tax levied on property other 102507
than a fixed-sum levy.102508

       (12) "Fixed-rate levy loss" means the amount determined under 102509
division (G) of this section.102510

       (13) "Fixed-sum levy" means a tax levied on property at 102511
whatever rate is required to produce a specified amount of tax 102512
money or levied in excess of the ten-mill limitation to pay debt 102513
charges, and includes school district emergency levies imposed 102514
pursuant to section 5705.194 of the Revised Code.102515

       (14) "Fixed-sum levy loss" means the amount determined under 102516
division (H) of this section.102517

       (15) "Consumer price index" means the consumer price index 102518
(all items, all urban consumers) prepared by the bureau of labor 102519
statistics of the United States department of labor.102520

       (16) "Total resources" has the same meaning as in section 102521
5751.20 of the Revised Code.102522

       (17) "2011 current expense S.B. 3 allocation" means the sum 102523
of payments received by a school district or joint vocational 102524
school district in fiscal year 2011 for current expense levy 102525
losses pursuant to division (C)(2) of section 5727.85 of the 102526
Revised Code. If a fixed-rate levy eligible for reimbursement is 102527
not imposed in any year after tax year 2010, "2011 current expense 102528
S.B. 3 allocation" used to compute payments to be made under 102529
division (C)(3) of section 5727.85 of the Revised Code in the tax 102530
years following the last year the levy is imposed shall be reduced 102531
by the amount of those payments attributable to the fixed-rate 102532
levy loss of that levy.102533

       (18) "2010 current expense S.B. 3 allocation" means the sum 102534
of payments received by a municipal corporation in calendar year 102535
2010 for current expense levy losses pursuant to division (A)(1) 102536
of section 5727.86 of the Revised Code. If a fixed-rate levy 102537
eligible for reimbursement is not imposed in any year after tax 102538
year 2010, "2010 current expense S.B. 3 allocation" used to 102539
compute payments to be made under division (A)(1)(d) of section 102540
5727.86 of the Revised Code in the tax years following the last 102541
year the levy is imposed shall be reduced by the amount of those 102542
payments attributable to the fixed-rate levy loss of that levy.102543

       (19) "2010 S.B. 3 allocation" means the sum of payments 102544
received by a local taxing unit during calendar year 2010 pursuant 102545
to division (A)(1) of section 5727.86 of the Revised Code. If a 102546
fixed-rate levy eligible for reimbursement is not imposed in any 102547
year after tax year 2010, "2010 S.B. 3 allocation" used to compute 102548
payments to be made under division (A)(1)(d) of section 5727.86 of 102549
the Revised Code in the tax years following the last year the levy 102550
is imposed shall be reduced by the amount of those payments 102551
attributable to the fixed-rate levy loss of that levy.102552

       (20) "Total S.B. 3 allocation" means, in the case of a school 102553
district or joint vocational school district, the sum of the 102554
amounts received in fiscal year 2011 pursuant to divisions (C)(2) 102555
and (D) of section 5727.85 of the Revised Code. In the case of a 102556
local taxing unit, "total S.B. 3 allocation" means the sum of 102557
payments received by the unit in calendar year 2010 pursuant to 102558
divisions (A)(1) and (4) of section 5727.86 of the Revised Code. 102559
If a fixed-rate levy eligible for reimbursement is not imposed in 102560
any year after tax year 2010, "total S.B. 3 allocation" used to 102561
compute payments to be made under division (C)(3) of section 102562
5727.85 or division (A)(1)(d) of section 5727.86 of the Revised 102563
Code in the tax years following the last year the levy is imposed 102564
shall be reduced by the amount of those payments attributable to 102565
the fixed-rate levy loss of that levy as would be computed under 102566
division (C)(2) of section 5727.85 or division (A)(1)(b) of 102567
section 5727.86 of the Revised Code.102568

       (21) "2011 non-current expense S.B. 3 allocation" means the 102569
difference of a school district's or joint vocational school 102570
district's total S.B. 3 allocation minus the sum of the school 102571
district's 2011 current expense S.B. 3 allocation and the portion 102572
of the school district's total S.B. 3 allocation constituting 102573
reimbursement for debt levies pursuant to division (D) of section 102574
5727.85 of the Revised Code.102575

       (22) "2010 non-current expense S.B. 3 allocation" means the 102576
difference of a municipal corporation's total S.B. 3 allocation 102577
minus the sum of its 2010 current expense S.B. 3 allocation and 102578
the portion of its total S.B. 3 allocation constituting 102579
reimbursement for debt levies pursuant to division (A)(4) of 102580
section 5727.86 of the Revised Code. 102581

       (23) "Threshold per cent" means, in the case of a school 102582
district or joint vocational school district, two per cent for 102583
fiscal year 2012 and four per cent for fiscal years 2013 and 102584
thereafter. In the case of a local taxing unit, "threshold per 102585
cent" means two per cent for calendar year 2011, four per cent for 102586
calendar year 2012, and six per cent for calendar years 2013 and 102587
thereafter.102588

       (B) The kilowatt-hour tax receipts fund is hereby created in 102589
the state treasury and shall consist of money arising from the tax 102590
imposed by section 5727.81 of the Revised Code. All money in the 102591
kilowatt-hour tax receipts fund shall be credited as follows:102592

       (1) Sixty-three per cent shall be credited to the general 102593
revenue fund.102594

       (2) Twenty-five and four-tenths per cent shall be credited to 102595
the school district property tax replacement fund, which is hereby 102596
created in the state treasury for the purpose of making the 102597
payments described in section 5727.85 of the Revised Code.102598

       (3) Eleven and six-tenths per cent shall be credited to the 102599
local government property tax replacement fund, which is hereby 102600
created in the state treasury for the purpose of making the 102601
payments described in section 5727.86 of the Revised Code.102602

Fiscal Year General Revenue Fund School District Property Tax Replacement Fund Local Government Property Tax Replacement Fund 102603
2001-2011 63.0% 25.4% 11.6% 102604
2012 and thereafter 88.0% 9.0% 3.0% 102605

       (C) The natural gas tax receipts fund is hereby created in 102606
the state treasury and shall consist of money arising from the tax 102607
imposed by section 5727.811 of the Revised Code. All money in the 102608
fund shall be credited as follows:102609

       (1) For fiscal years before fiscal year 2012:102610

       (a) Sixty-eight and seven-tenths per cent shall be credited 102611
to the school district property tax replacement fund for the 102612
purpose of making the payments described in section 5727.85 of the 102613
Revised Code.102614

       (2)(b) Thirty-one and three-tenths per cent shall be credited 102615
to the local government property tax replacement fund for the 102616
purpose of making the payments described in section 5727.86 of the 102617
Revised Code.102618

       (2) For fiscal years 2012 and thereafter, one hundred per 102619
cent to the general revenue fund.102620

       (D) Not later than January 1, 2002, the tax commissioner 102621
shall determine for each taxing district its electric company tax 102622
value loss, which is the sum of the applicable amounts described 102623
in divisions (D)(1) to (4) of this section:102624

       (1) The difference obtained by subtracting the amount 102625
described in division (D)(1)(b) from the amount described in 102626
division (D)(1)(a) of this section.102627

       (a) The value of electric company and rural electric company 102628
tangible personal property as assessed by the tax commissioner for 102629
tax year 1998 on a preliminary assessment, or an amended 102630
preliminary assessment if issued prior to March 1, 1999, and as 102631
apportioned to the taxing district for tax year 1998;102632

       (b) The value of electric company and rural electric company 102633
tangible personal property as assessed by the tax commissioner for 102634
tax year 1998 had the property been apportioned to the taxing 102635
district for tax year 2001, and assessed at the rates in effect 102636
for tax year 2001.102637

       (2) The difference obtained by subtracting the amount 102638
described in division (D)(2)(b) from the amount described in 102639
division (D)(2)(a) of this section.102640

       (a) The three-year average for tax years 1996, 1997, and 1998 102641
of the assessed value from nuclear fuel materials and assemblies 102642
assessed against a person under Chapter 5711. of the Revised Code 102643
from the leasing of them to an electric company for those 102644
respective tax years, as reflected in the preliminary assessments;102645

       (b) The three-year average assessed value from nuclear fuel 102646
materials and assemblies assessed under division (D)(2)(a) of this 102647
section for tax years 1996, 1997, and 1998, as reflected in the 102648
preliminary assessments, using an assessment rate of twenty-five 102649
per cent.102650

       (3) In the case of a taxing district having a nuclear power 102651
plant within its territory, any amount, resulting in an electric 102652
company tax value loss, obtained by subtracting the amount 102653
described in division (D)(1) of this section from the difference 102654
obtained by subtracting the amount described in division (D)(3)(b) 102655
of this section from the amount described in division (D)(3)(a) of 102656
this section.102657

        (a) The value of electric company tangible personal property 102658
as assessed by the tax commissioner for tax year 2000 on a 102659
preliminary assessment, or an amended preliminary assessment if 102660
issued prior to March 1, 2001, and as apportioned to the taxing 102661
district for tax year 2000;102662

        (b) The value of electric company tangible personal property 102663
as assessed by the tax commissioner for tax year 2001 on a 102664
preliminary assessment, or an amended preliminary assessment if 102665
issued prior to March 1, 2002, and as apportioned to the taxing 102666
district for tax year 2001.102667

       (4) In the case of a taxing district having a nuclear power 102668
plant within its territory, the difference obtained by subtracting 102669
the amount described in division (D)(4)(b) of this section from 102670
the amount described in division (D)(4)(a) of this section, 102671
provided that such difference is greater than ten per cent of the 102672
amount described in division (D)(4)(a) of this section.102673

        (a) The value of electric company tangible personal property 102674
as assessed by the tax commissioner for tax year 2005 on a 102675
preliminary assessment, or an amended preliminary assessment if 102676
issued prior to March 1, 2006, and as apportioned to the taxing 102677
district for tax year 2005;102678

        (b) The value of electric company tangible personal property 102679
as assessed by the tax commissioner for tax year 2006 on a 102680
preliminary assessment, or an amended preliminary assessment if 102681
issued prior to March 1, 2007, and as apportioned to the taxing 102682
district for tax year 2006.102683

       (E) Not later than January 1, 2002, the tax commissioner 102684
shall determine for each taxing district its natural gas company 102685
tax value loss, which is the sum of the amounts described in 102686
divisions (E)(1) and (2) of this section:102687

       (1) The difference obtained by subtracting the amount 102688
described in division (E)(1)(b) from the amount described in 102689
division (E)(1)(a) of this section.102690

       (a) The value of all natural gas company tangible personal 102691
property, other than property described in division (E)(2) of this 102692
section, as assessed by the tax commissioner for tax year 1999 on 102693
a preliminary assessment, or an amended preliminary assessment if 102694
issued prior to March 1, 2000, and apportioned to the taxing 102695
district for tax year 1999;102696

       (b) The value of all natural gas company tangible personal 102697
property, other than property described in division (E)(2) of this 102698
section, as assessed by the tax commissioner for tax year 1999 had 102699
the property been apportioned to the taxing district for tax year 102700
2001, and assessed at the rates in effect for tax year 2001.102701

       (2) The difference in the value of current gas obtained by 102702
subtracting the amount described in division (E)(2)(b) from the 102703
amount described in division (E)(2)(a) of this section.102704

       (a) The three-year average assessed value of current gas as 102705
assessed by the tax commissioner for tax years 1997, 1998, and 102706
1999 on a preliminary assessment, or an amended preliminary 102707
assessment if issued prior to March 1, 2001, and as apportioned in 102708
the taxing district for those respective years;102709

       (b) The three-year average assessed value from current gas 102710
under division (E)(2)(a) of this section for tax years 1997, 1998, 102711
and 1999, as reflected in the preliminary assessment, using an 102712
assessment rate of twenty-five per cent.102713

       (F) The tax commissioner may request that natural gas 102714
companies, electric companies, and rural electric companies file a 102715
report to help determine the tax value loss under divisions (D) 102716
and (E) of this section. The report shall be filed within thirty 102717
days of the commissioner's request. A company that fails to file 102718
the report or does not timely file the report is subject to the 102719
penalty in section 5727.60 of the Revised Code.102720

       (G) Not later than January 1, 2002, the tax commissioner 102721
shall determine for each school district, joint vocational school 102722
district, and local taxing unit its fixed-rate levy loss, which is 102723
the sum of its electric company tax value loss multiplied by the 102724
tax rate in effect in tax year 1998 for fixed-rate levies and its 102725
natural gas company tax value loss multiplied by the tax rate in 102726
effect in tax year 1999 for fixed-rate levies.102727

       (H) Not later than January 1, 2002, the tax commissioner 102728
shall determine for each school district, joint vocational school 102729
district, and local taxing unit its fixed-sum levy loss, which is 102730
the amount obtained by subtracting the amount described in 102731
division (H)(2) of this section from the amount described in 102732
division (H)(1) of this section:102733

       (1) The sum of the electric company tax value loss multiplied 102734
by the tax rate in effect in tax year 1998, and the natural gas 102735
company tax value loss multiplied by the tax rate in effect in tax 102736
year 1999, for fixed-sum levies for all taxing districts within 102737
each school district, joint vocational school district, and local 102738
taxing unit. For the years 2002 through 2006, this computation 102739
shall include school district emergency levies that existed in 102740
1998 in the case of the electric company tax value loss, and 1999 102741
in the case of the natural gas company tax value loss, and all 102742
other fixed-sum levies that existed in 1998 in the case of the 102743
electric company tax value loss and 1999 in the case of the 102744
natural gas company tax value loss and continue to be charged in 102745
the tax year preceding the distribution year. For the years 2007 102746
through 2016 in the case of school district emergency levies, and 102747
for all years after 2006 in the case of all other fixed-sum 102748
levies, this computation shall exclude all fixed-sum levies that 102749
existed in 1998 in the case of the electric company tax value loss 102750
and 1999 in the case of the natural gas company tax value loss, 102751
but are no longer in effect in the tax year preceding the 102752
distribution year. For the purposes of this section, an emergency 102753
levy that existed in 1998 in the case of the electric company tax 102754
value loss, and 1999 in the case of the natural gas company tax 102755
value loss, continues to exist in a year beginning on or after 102756
January 1, 2007, but before January 1, 2017, if, in that year, the 102757
board of education levies a school district emergency levy for an 102758
annual sum at least equal to the annual sum levied by the board in 102759
tax year 1998 or 1999, respectively, less the amount of the 102760
payment certified under this division for 2002.102761

       (2) The total taxable value in tax year 1999 less the tax 102762
value loss in each school district, joint vocational school 102763
district, and local taxing unit multiplied by one-fourth of one 102764
mill.102765

       If the amount computed under division (H) of this section for 102766
any school district, joint vocational school district, or local 102767
taxing unit is greater than zero, that amount shall equal the 102768
fixed-sum levy loss reimbursed pursuant to division (E)(F) of 102769
section 5727.85 of the Revised Code or division (A)(2) of section 102770
5727.86 of the Revised Code, and the one-fourth of one mill that 102771
is subtracted under division (H)(2) of this section shall be 102772
apportioned among all contributing fixed-sum levies in the 102773
proportion of each levy to the sum of all fixed-sum levies within 102774
each school district, joint vocational school district, or local 102775
taxing unit.102776

       (I) Notwithstanding divisions (D), (E), (G), and (H) of this 102777
section, in computing the tax value loss, fixed-rate levy loss, 102778
and fixed-sum levy loss, the tax commissioner shall use the 102779
greater of the 1998 tax rate or the 1999 tax rate in the case of 102780
levy losses associated with the electric company tax value loss, 102781
but the 1999 tax rate shall not include for this purpose any tax 102782
levy approved by the voters after June 30, 1999, and the tax 102783
commissioner shall use the greater of the 1999 or the 2000 tax 102784
rate in the case of levy losses associated with the natural gas 102785
company tax value loss.102786

       (J) Not later than January 1, 2002, the tax commissioner 102787
shall certify to the department of education the tax value loss 102788
determined under divisions (D) and (E) of this section for each 102789
taxing district, the fixed-rate levy loss calculated under 102790
division (G) of this section, and the fixed-sum levy loss 102791
calculated under division (H) of this section. The calculations 102792
under divisions (G) and (H) of this section shall separately 102793
display the levy loss for each levy eligible for reimbursement.102794

       (K) Not later than September 1, 2001, the tax commissioner 102795
shall certify the amount of the fixed-sum levy loss to the county 102796
auditor of each county in which a school district with a fixed-sum 102797
levy loss has territory.102798

       Sec. 5727.85.  (A) By the thirty-first day of July of each 102799
year, beginning in 2002 and ending in 20162010, the department of 102800
education shall determine the following for each school district 102801
and each joint vocational school district:102802

       (1) The state education aid offset, which, except as provided 102803
in division (A)(1)(c) of this section, is the difference obtained 102804
by subtracting the amount described in division (A)(1)(b) of this 102805
section from the amount described in division (A)(1)(a) of this 102806
section:102807

       (a) The state education aid computed for the school district 102808
or joint vocational school district for the current fiscal year as 102809
of the thirty-first day of July;102810

       (b) The state education aid that would be computed for the 102811
school district or joint vocational school district for the 102812
current fiscal year as of the thirty-first day of July if the 102813
recognized valuation included the tax value loss for the school 102814
district or joint vocational school district;102815

       (c) The state education aid offset for fiscal year 2010 and 102816
fiscal year 2011 equals the greater of the state education aid 102817
offset calculated for that fiscal year under divisions (A)(1)(a) 102818
and (b) of this section or the state education aid offset 102819
calculated for fiscal year 2009.102820

       (2) TheFor fiscal years 2008 through 2011, the greater of 102821
zero or the difference obtained by subtracting the state education 102822
aid offset determined under division (A)(1) of this section from 102823
the fixed-rate levy loss certified under division (J) of section 102824
5727.84 of the Revised Code for all taxing districts in each 102825
school district and joint vocational school district.102826

       By the fifth day of August of each such year, the department 102827
of education shall certify the amount so determined under division 102828
(A)(1) of this section to the director of budget and management.102829

       (B) Not later than the thirty-first day of October of the 102830
years 2006 through 20162010, the department of education shall 102831
determine all of the following for each school district:102832

       (1) The amount obtained by subtracting the district's state 102833
education aid computed for fiscal year 2002 from the district's 102834
state education aid computed for the current fiscal year as of the 102835
fifteenth day of July, by including in the definition of 102836
recognized valuation the machinery and equipment, inventory, 102837
furniture and fixtures, and telephone property tax value losses, 102838
as defined in section 5751.20 of the Revised Code, for the school 102839
district or joint vocational school district for the preceding tax 102840
year;102841

       (2) The inflation-adjusted property tax loss. The 102842
inflation-adjusted property tax loss equals the fixed-rate levy 102843
loss, excluding the tax loss from levies within the ten-mill 102844
limitation to pay debt charges, determined under division (G) of 102845
section 5727.84 of the Revised Code for all taxing districts in 102846
each school district, plus the product obtained by multiplying 102847
that loss by the cumulative percentage increase in the consumer 102848
price index from January 1, 2002, to the thirtieth day of June of 102849
the current year.102850

       (3) The difference obtained by subtracting the amount 102851
computed under division (B)(1) from the amount of the 102852
inflation-adjusted property tax loss. If this difference is zero 102853
or a negative number, no further payments shall be made under 102854
division (C) of this section to the school district from the 102855
school district property tax replacement fund.102856

       (C) TheBeginning in 2002 for school districts and beginning 102857
in August 2011 for joint vocational school districts, the102858
department of education shall pay from the school district 102859
property tax replacement fund to each school district all of the 102860
following:102861

       (1) In February 2002, one-half of the fixed-rate levy loss 102862
certified under division (J) of section 5727.84 of the Revised 102863
Code between the twenty-first and twenty-eighth days of February.102864

       (2) From August 2002 through August 2017February 2011, 102865
one-half of the amount calculated for that fiscal year under 102866
division (A)(2) of this section between the twenty-first and 102867
twenty-eighth days of August and of February, provided the 102868
difference computed under division (B)(3) of this section is not 102869
less than or equal to zero.102870

       For(3) For fiscal years 2012 and thereafter, the sum of the 102871
amounts in divisions (C)(3)(a) or (b) and (c) of this section 102872
shall be paid on or before the thirty-first day of August and the 102873
twenty-eighth day of February:102874

       (a) If the ratio of 2011 current expense S.B. 3 allocation to 102875
total resources is equal to or less than the threshold per cent, 102876
zero;102877

       (b) If the ratio of 2011 current expense S.B. 3 allocation to 102878
total resources is greater than the threshold per cent, fifty per 102879
cent of the difference of 2011 current expense S.B. 3 allocation 102880
minus the product of total resources multiplied by the threshold 102881
per cent;102882

       (c) Fifty per cent of the product of 2011 non-current expense 102883
S.B. 3 allocation multiplied by seventy-five per cent for fiscal 102884
year 2012 and fifty per cent for fiscal years 2013 and thereafter.102885

       The department of education shall report to each school 102886
district the apportionment of the payments among the school 102887
district's funds based on the certifications under division (J) of 102888
section 5727.84 of the Revised Code.102889

       (D) For taxes levied within the ten-mill limitation for debt 102890
purposes in tax year 1998 in the case of electric company tax 102891
value losses, and in tax year 1999 in the case of natural gas 102892
company tax value losses, payments shall be made equal to one 102893
hundred per cent of the loss computed as if the tax were a 102894
fixed-rate levy, but those payments shall extend from fiscal year 102895
2006 through fiscal year 2016.102896

       The department of education shall report to each school 102897
district the apportionment of the payments among the school 102898
district's funds based on the certifications under division (J) of 102899
section 5727.84 of the Revised Code.102900

       (D)(E) Not later than January 1, 2002, for all taxing 102901
districts in each joint vocational school district, the tax 102902
commissioner shall certify to the department of education the 102903
fixed-rate levy loss determined under division (G) of section 102904
5727.84 of the Revised Code. From February 2002 to August 2016102905
through February 2011, the department shall pay from the school 102906
district property tax replacement fund to the joint vocational 102907
school district one-half of the amount calculated for that fiscal 102908
year under division (A)(2) of this section between the 102909
twenty-first and twenty-eighth days of August and of February.102910

       (E)(F)(1) Not later than January 1, 2002, for each fixed-sum 102911
levy levied by each school district or joint vocational school 102912
district and for each year for which a determination is made under 102913
division (H) of section 5727.84 of the Revised Code that a 102914
fixed-sum levy loss is to be reimbursed, the tax commissioner 102915
shall certify to the department of education the fixed-sum levy 102916
loss determined under that division. The certification shall cover 102917
a time period sufficient to include all fixed-sum levies for which 102918
the tax commissioner made such a determination. The department 102919
shall pay from the school district property tax replacement fund 102920
to the school district or joint vocational school district 102921
one-half of the fixed-sum levy loss so certified for each year 102922
between the twenty-first and twenty-eighth days of August and of 102923
February.102924

       (2) Beginning in 2003, by the thirty-first day of January of 102925
each year, the tax commissioner shall review the certification 102926
originally made under division (E)(F)(1) of this section. If the 102927
commissioner determines that a debt levy that had been scheduled 102928
to be reimbursed in the current year has expired, a revised 102929
certification for that and all subsequent years shall be made to 102930
the department of education.102931

       (F)(G) If the balance of the half-mill equalization fund 102932
created under section 3318.18 of the Revised Code is insufficient 102933
to make the full amount of payments required under division (D) of 102934
that section, the department of education, at the end of the third 102935
quarter of the fiscal year, shall certify to the director of 102936
budget and management the amount of the deficiency, and the 102937
director shall transfer an amount equal to the deficiency from the 102938
school district property tax replacement fund to the half-mill 102939
equalization fund.102940

       (G)(H) Beginning in August 2002, and ending in May 20172011, 102941
the director of budget and management shall transfer from the 102942
school district property tax replacement fund to the general 102943
revenue fund each of the following:102944

       (1) Between the twenty-eighth day of August and the fifth day 102945
of September, the lesser of one-half of the amount certified for 102946
that fiscal year under division (A)(2) of this section or the 102947
balance in the school district property tax replacement fund;102948

       (2) Between the first and fifth days of May, the lesser of 102949
one-half of the amount certified for that fiscal year under 102950
division (A)(2) of this section or the balance in the school 102951
district property tax replacement fund.102952

       (H)(I) On the first day of June each year, the director of 102953
budget and management shall transfer any balance remaining in the 102954
school district property tax replacement fund after the payments 102955
have been made under divisions (C), (D), (E), (F), and (G), and 102956
(H) of this section to the half-mill equalization fund created 102957
under section 3318.18 of the Revised Code to the extent required 102958
to make any payments in the current fiscal year under that 102959
section, and shall transfer the remaining balance to the general 102960
revenue fund.102961

       (I) From(J) After fiscal year 2002 through fiscal year 2016, 102962
if the total amount in the school district property tax 102963
replacement fund is insufficient to make all payments under 102964
divisions (C), (D), (E), and (F), and (G) of this section at the 102965
time the payments are to be made, the director of budget and 102966
management shall transfer from the general revenue fund to the 102967
school district property tax replacement fund the difference 102968
between the total amount to be paid and the total amount in the 102969
school district property tax replacement fund, except that no 102970
transfer shall be made by reason of a deficiency to the extent 102971
that it results from the amendment of section 5727.84 of the 102972
Revised Code by Amended Substitute House Bill No. 95 of the 125th 102973
general assembly.102974

       (J)(K) If all of the territory of a school district or joint 102975
vocational school district is merged with an existing district, or 102976
if a part of the territory of a school district or joint 102977
vocational school district is transferred to an existing or new 102978
district, the department of education, in consultation with the 102979
tax commissioner, shall adjust the payments made under this 102980
section as follows:102981

        (1) For the merger of all of the territory of two or more 102982
districts, the fixed-rate levy loss and thetotal resources, 2011 102983
current expense S.B. 3 allocation, total 2011 S.B. 3 allocation, 102984
2011 non-current expense S.B. 3 allocation, and fixed-sum levy 102985
loss of the successor district shall be equal to the sum of the 102986
fixed-rate levy losses and thetotal resources, 2011 current 102987
expense S.B. 3 allocation, total 2011 S.B. 3 allocation, 2011 102988
non-current expense S.B. 3 allocation, and fixed-sum levy losses102989
loss for each of the districts involved in the merger.102990

        (2) For the transfer of a part of one district's territory to 102991
an existing district, the amount of the fixed-rate levy losstotal 102992
resources, 2011 current expense S.B. 3 allocation, total 2011 S.B. 102993
3 allocation, and 2011 non-current expense S.B. 3 allocation that 102994
is transferred to the recipient district shall be an amount equal 102995
to the transferring district's total fixed-rate levy losstotal 102996
resources, 2011 current expense S.B. 3 allocation, total 2011 S.B. 102997
3 allocation, and 2011 non-current expense S.B. 3 allocation times 102998
a fraction, the numerator of which is the value of electric 102999
company tangible personal property located in the part of the 103000
territory that wasnumber of pupils being transferred to the 103001
recipient district, measured, in the case of a school district, by 103002
average daily membership as reported under division (A) of section 103003
3317.03 of the Revised Code or, in the case of a joint vocational 103004
school district, by formula ADM as reported in division (D) of 103005
that section, and the denominator of which is the total value of 103006
electric company tangible personal property located in the entire 103007
district from which the territory was transferred. The value of 103008
electric company tangible personal property under this division 103009
shall be determined for the most recent year for which data is 103010
availableaverage daily membership or formula ADM of the 103011
transferor district. Fixed-sum levy losses for both districts 103012
shall be determined under division (J)(K)(4) of this section.103013

        (3) For the transfer of a part of the territory of one or 103014
more districts to create a new district:103015

        (a) If the new district is created on or after January 1, 103016
2000, but before January 1, 2005, the new district shall be paid 103017
its current fixed-rate levy loss through August 2009. FromIn103018
February 2010 to, August 20162010, and February 2011, the new 103019
district shall be paid fifty per cent of the lesser of: (i) the 103020
amount calculated under division (C)(2) of this section or (ii) an 103021
amount equal to seventy per cent of the new district's fixed-rate 103022
levy loss multiplied by the percentage prescribed by the following 103023
schedule:103024

YEAR PERCENTAGE 103025
2010 70% 103026
2011 70% 103027
2012 60% 103028
2013 50% 103029
2014 40% 103030
2015 24% 103031
2016 11.5% 103032
2017 and thereafter 0%. 103033

       Beginning in fiscal year 2012, the new district shall be paid 103034
as provided in division (C) of this section.103035

        Fixed-sum levy losses for the districts shall be determined 103036
under division (J)(K)(4) of this section.103037

        (b) If the new district is created on or after January 1, 103038
2005, the new district shall be deemed not to have any fixed-rate 103039
levy loss or, except as provided in division (J)(K)(4) of this 103040
section, fixed-sum levy loss. The district or districts from which 103041
the territory was transferred shall have no reduction in their 103042
fixed-rate levy loss, or, except as provided in division (J)(K)(4) 103043
of this section, their fixed-sum levy loss.103044

        (4) If a recipient district under division (J)(K)(2) of this 103045
section or a new district under division (J)(K)(3)(a) or (b) of 103046
this section takes on debt from one or more of the districts from 103047
which territory was transferred, and any of the districts 103048
transferring the territory had fixed-sum levy losses, the 103049
department of education, in consultation with the tax 103050
commissioner, shall make an equitable division of the fixed-sum 103051
levy losses.103052

       (K) There is hereby created the public utility property tax 103053
study committee, effective January 1, 2011. The committee shall 103054
consist of the following seven members: the tax commissioner, 103055
three members of the senate appointed by the president of the 103056
senate, and three members of the house of representatives 103057
appointed by the speaker of the house of representatives. The 103058
appointments shall be made not later than January 31, 2011. The 103059
tax commissioner shall be the chairperson of the committee.103060

       The committee shall study the extent to which each school 103061
district or joint vocational school district has been compensated, 103062
under sections 5727.84 and 5727.85 of the Revised Code as enacted 103063
by Substitute Senate Bill No. 3 of the 123rd general assembly and 103064
any subsequent acts, for the property tax loss caused by the 103065
reduction in the assessment rates for natural gas, electric, and 103066
rural electric company tangible personal property. Not later than 103067
June 30, 2011, the committee shall issue a report of its findings, 103068
including any recommendations for providing additional 103069
compensation for the property tax loss or regarding remedial 103070
legislation, to the president of the senate and the speaker of the 103071
house of representatives, at which time the committee shall cease 103072
to exist.103073

       The department of taxation and department of education shall 103074
provide such information and assistance as is required for the 103075
committee to carry out its duties.103076

       Sec. 5727.86.  (A) Not later than January 1, 2002, the tax 103077
commissioner shall compute the payments to be made to each local 103078
taxing unit for each year according to divisions (A)(1), (2), (3), 103079
and (4) and division (E) of this section, and shall distribute the 103080
payments in the manner prescribed by division (C) of this section. 103081
The calculation of the fixed-sum levy loss shall cover a time 103082
period sufficient to include all fixed-sum levies for which the 103083
tax commissioner determined, pursuant to division (H) of section 103084
5727.84 of the Revised Code, that a fixed-sum levy loss is to be 103085
reimbursed.103086

       (1) Except as provided in divisions (A)(3) and (4) of this 103087
section, for fixed-rate levy losses determined under division (G) 103088
of section 5727.84 of the Revised Code, payments shall be made in 103089
each of the following years at the following percentage of the 103090
fixed-rate levy loss certified under division (A) of this section:103091

YEAR PERCENTAGE 103092
2002 100% 103093
2003 100% 103094
2004 100% 103095
2005 100% 103096
2006 100% 103097
2007 80% 103098
2008 80% 103099
2009 80% 103100
2010 80% 103101
2011 80% 103102
2012 66.7% 103103
2013 53.4% 103104
2014 40.1% 103105
2015 26.8% 103106
2016 13.5% 103107
2017 and thereafter 0% 103108

the following amounts shall be paid on or before the thirty-first 103109
day of August and the twenty-eighth day of February:103110

       (a) For years 2002 through 2006, fifty per cent of the 103111
fixed-rate levy loss computed under division (G) of section 103112
5727.84 of the Revised Code;103113

       (b) For years 2007 through 2010, forty per cent of the fixed 103114
rate levy loss computed under division (G) of section 5727.84 of 103115
the Revised Code;103116

       (c) For the payment in 2011 to be made on or before the 103117
twentieth day of February, the amount required to be paid in 2010 103118
on or before the twentieth day of February;103119

       (d) For the payment in 2011 to be made on or before the 103120
thirty-first day of August and for all payments to be made in 103121
years 2012 and thereafter, the sum of the amounts in divisions 103122
(A)(1)(d)(i) or (ii) and (iii) of this section:103123

       (i) If the ratio of fifty per cent of the taxing unit's 2010 103124
S.B. 3 allocation to its total resources is equal to or less than 103125
the threshold per cent, zero;103126

       (ii) If the ratio of fifty per cent of the taxing unit's 2010 103127
S.B. 3 allocation to its total resources is greater than the 103128
threshold per cent, the difference of fifty per cent of the 2010 103129
S.B. 3 allocation minus the product of total resources multiplied 103130
by the threshold per cent;103131

       (iii) In the case of a municipal corporation, fifty per cent 103132
of the product of its 2010 non-current expense S.B. 3 allocation 103133
multiplied by seventy-five per cent for year 2011, fifty per cent 103134
for year 2012, and twenty-five percent for years 2013 and 103135
thereafter.103136

       (2) For fixed-sum levy losses determined under division (H) 103137
of section 5727.84 of the Revised Code, payments shall be made in 103138
the amount of one hundred per cent of the fixed-sum levy loss for 103139
payments required to be made in 2002 and thereafter.103140

       (3) A local taxing unit in a county of less than two hundred 103141
fifty square miles that receives eighty per cent or more of its 103142
combined general fund and bond retirement fund revenues from 103143
property taxes and rollbacks based on 1997 actual revenues as 103144
presented in its 1999 tax budget, and in which electric companies 103145
and rural electric companies comprise over twenty per cent of its 103146
property valuation, shall receive one hundred per cent of its 103147
fixed-rate levy losses from electric company tax value losses 103148
certified under division (A) of this section in years 2002 to 2016103149
2010. Beginning in 2011, payments for such local taxing units 103150
shall be determined under division (A)(1) of this section.103151

       (4) For taxes levied within the ten-mill limitation or 103152
pursuant to a municipal charter for debt purposes in tax year 1998 103153
in the case of electric company tax value losses, and in tax year 103154
1999 in the case of natural gas company tax value losses, payments 103155
shall be made equal to one hundred per cent of the loss computed 103156
as if the tax were a fixed-rate levy, but those payments shall 103157
extend from fiscal year 20062011 through fiscal year 2016 if the 103158
levy was imposed for debt purposes in tax year 2010. If the levy 103159
is not imposed for debt purposes in tax year 2010 or any following 103160
tax year before tax year 2016, payments for that levy shall be 103161
made under division (A)(1) of this section beginning with the 103162
first year after the year the levy is imposed for a purpose other 103163
than debt. For the purposes of this division, taxes levied 103164
pursuant to a municipal charter refer to taxes levied pursuant to 103165
a provision of a municipal charter that permits the tax to be 103166
levied without prior voter approval.103167

       (B) Beginning in 2003, by the thirty-first day of January of 103168
each year, the tax commissioner shall review the calculation 103169
originally made under division (A) of this section of the 103170
fixed-sum levy loss determined under division (H) of section 103171
5727.84 of the Revised Code. If the commissioner determines that a 103172
fixed-sum levy that had been scheduled to be reimbursed in the 103173
current year has expired, a revised calculation for that and all 103174
subsequent years shall be made.103175

       (C) Payments to local taxing units required to be made under 103176
divisions (A) and (E) of this section shall be paid from the local 103177
government property tax replacement fund to the county undivided 103178
income tax fund in the proper county treasury. One-half of the 103179
amount certified under those divisions shall be paid between the 103180
twenty-first and twenty-eighth days of August and of February. The 103181
county treasurer shall distribute amounts paid under division (A) 103182
of this section to the proper local taxing unit as if they had 103183
been levied and collected as taxes, and the local taxing unit 103184
shall apportion the amounts so received among its funds in the 103185
same proportions as if those amounts had been levied and collected 103186
as taxes. Except in the case of amounts distributed to the county 103187
as a local taxing unit, amounts distributed under division (E)(2) 103188
of this section shall be credited to the general fund of the local 103189
taxing unit that receives them. Amounts distributed to each county 103190
as a local taxing unit under division (E)(2) of this section shall 103191
be credited in the proportion that the current taxes charged and 103192
payable from each levy of or by the county bears to the total 103193
current taxes charged and payable from all levies of or by the 103194
county.103195

       (D) By February 5, 2002, the tax commissioner shall estimate 103196
the amount of money in the local government property tax 103197
replacement fund in excess of the amount necessary to make 103198
payments in that month under division (C) of this section. 103199
Notwithstanding division (A) of this section, the tax commissioner 103200
may pay any local taxing unit, from those excess funds, nine and 103201
four-tenths times the amount computed for 2002 under division 103202
(A)(1) of this section. A payment made under this division shall 103203
be in lieu of the payment to be made in February 2002 under 103204
division (A)(1) of this section. A local taxing unit receiving a 103205
payment under this division will no longer be entitled to any 103206
further payments under division (A)(1) of this section. A payment 103207
made under this division shall be paid from the local government 103208
property tax replacement fund to the county undivided income tax 103209
fund in the proper county treasury. The county treasurer shall 103210
distribute the payment to the proper local taxing unit as if it 103211
had been levied and collected as taxes, and the local taxing unit 103212
shall apportion the amounts so received among its funds in the 103213
same proportions as if those amounts had been levied and collected 103214
as taxes.103215

       (E)(1) On the thirty-first day of July of 2002, 2003, 2004, 103216
2005, and 2006, and on the thirty-first day of January and July of 103217
2007 and each year thereafterthrough January 2011, if the amount 103218
credited to the local government property tax replacement fund 103219
exceeds the amount needed to be distributed from the fund under 103220
division (A) of this section in the following month, the tax 103221
commissioner shall distribute the excess to each county as 103222
follows:103223

       (a) One-half shall be distributed to each county in 103224
proportion to each county's population.103225

       (b) One-half shall be distributed to each county in the 103226
proportion that the amounts determined under divisions (G) and (H) 103227
of section 5727.84 of the Revised Code for all local taxing units 103228
in the county is of the total amounts so determined for all local 103229
taxing units in the state.103230

       (2) The amounts distributed to each county under division (E) 103231
of this section shall be distributed by the county auditor to each 103232
local taxing unit in the county in the proportion that the unit's 103233
current taxes charged and payable are of the total current taxes 103234
charged and payable of all the local taxing units in the county. 103235
If the amount that the county auditor determines to be distributed 103236
to a local taxing unit is less than five dollars, that amount 103237
shall not be distributed, and the amount not distributed shall 103238
remain credited to the county undivided income tax fund. At the 103239
time of the next distribution under division (E)(2) of this 103240
section, any amount that had not been distributed in the prior 103241
distribution shall be added to the amount available for the next 103242
distribution prior to calculation of the amount to be distributed. 103243
As used in this division, "current taxes charged and payable" 103244
means the taxes charged and payable as most recently determined 103245
for local taxing units in the county.103246

       (3) If, in the opinion of the tax commissioner, the excess 103247
remaining in the local government property tax replacement fund in 103248
any year is not sufficient to warrant distributionAfter January 103249
2011, any amount that exceeds the amount needed to be distributed 103250
from the fund under division (E)(A) of this section, the excess 103251
shall remain to the credit ofin the following month shall be 103252
transferred to the general revenue fund.103253

       (F) From fiscal year 2002 through fiscal year 2016, ifIf the 103254
total amount in the local government property tax replacement fund 103255
is insufficient to make all payments under division (C) of this 103256
section at the times the payments are to be made, the director of 103257
budget and management shall transfer from the general revenue fund 103258
to the local government property tax replacement fund the 103259
difference between the total amount to be paid and the amount in 103260
the local government property tax replacement fund, except that no 103261
transfer shall be made by reason of a deficiency to the extent 103262
that it results from the amendment of section 5727.84 of the 103263
Revised Code by Amended Substitute House Bill 95 of the 125th 103264
general assembly.103265

       (G) If all or a part of the territories of two or more local 103266
taxing units are merged, or unincorporated territory of a township 103267
is annexed by a municipal corporation, the tax commissioner shall 103268
adjust the payments made under this section to each of the local 103269
taxing units in proportion to the tax value losssquare mileage103270
apportioned to the merged or annexed territory, or as otherwise 103271
provided by a written agreement between the legislative 103272
authorities of the local taxing units certified to the tax 103273
commissioner not later than the first day of June of the calendar 103274
year in which the payment is to be made.103275

       Sec. 5729.17.  (A) As used in this section, "certificate 103276
owner" has the same meaning as in section 149.311 of the Revised 103277
Code.103278

       (B) There is allowed a credit against the tax imposed by 103279
section 5729.03 of the Revised Code for an insurance company 103280
subject to that tax that is a certificate owner of a 103281
rehabilitation tax credit certificate issued under section 149.311 103282
of the Revised Code. The credit shall equal twenty-five per cent 103283
of the dollar amount indicated on the certificate, but the amount 103284
of the credit allowed for any company for any year shall not 103285
exceed five million dollars. The credit shall be claimed in the 103286
calendar year specified in the certificate and in the order 103287
required under section 5729.98 of the Revised Code. If the credit 103288
exceeds the amount of tax otherwise due in that year, the excess 103289
shall be refunded to the company but, if any amount of the credit 103290
is refunded, the sum of the amount refunded and the amount applied 103291
to reduce the tax otherwise due in that year shall not exceed 103292
three million dollars. The company may carry forward any balance 103293
of the credit in excess of the amount claimed in that year for not 103294
more than five ensuing years, and shall deduct any amount claimed 103295
in any such year from the amount claimed in an ensuing year.103296

       (C) An insurance company claiming a credit under this section 103297
shall retain the rehabilitation tax credit certificate for four 103298
years following the end of the year in which the credit was 103299
claimed, and shall make the certificate available for inspection 103300
by the tax commissioner upon the request of the tax commissioner 103301
during that period.103302

       Sec. 5729.98. (A) To provide a uniform procedure for 103303
calculating the amount of tax due under this chapter, a taxpayer 103304
shall claim any credits and offsets against tax liability to which 103305
it is entitled in the following order:103306

       (1) The credit for an insurance company or insurance company 103307
group under section 5729.031 of the Revised Code;103308

       (2) The credit for eligible employee training costs under 103309
section 5729.07 of the Revised Code;103310

        (3) The credit for purchases of qualified low-income 103311
community investments under section 5729.16 of the Revised Code;103312

       (4) The nonrefundable job retention credit under division 103313
(B)(1) of section 122.171 of the Revised Code;103314

       (5) The offset of assessments by the Ohio life and health 103315
insurance guaranty association against tax liability permitted by 103316
section 3956.20 of the Revised Code;103317

       (6) The refundable credit for rehabilitating a historic 103318
building under section 5729.17 of the Revised Code.103319

       (7) The refundable credit for Ohio job retention under 103320
division (B)(2) or (3) of section 122.171 of the Revised Code;103321

       (7)(8) The refundable credit for Ohio job creation under 103322
section 5729.032 of the Revised Code;103323

       (8)(9) The refundable credit under section 5729.08 of the 103324
Revised Code for losses on loans made under the Ohio venture 103325
capital program under sections 150.01 to 150.10 of the Revised 103326
Code.103327

       (B) For any credit except the refundable credits enumerated 103328
in this section, the amount of the credit for a taxable year shall 103329
not exceed the tax due after allowing for any other credit that 103330
precedes it in the order required under this section. Any excess 103331
amount of a particular credit may be carried forward if authorized 103332
under the section creating that credit. Nothing in this chapter 103333
shall be construed to allow a taxpayer to claim, directly or 103334
indirectly, a credit more than once for a taxable year.103335

       Sec. 5731.02.  (A) A tax is hereby levied on the transfer of 103336
the taxable estate, determined as provided in section 5731.14 of 103337
the Revised Code, of every person dying on or after July 1, 1968, 103338
and before January 1, 2013, who at the time of death was a 103339
resident of this state, as follows:103340

If the taxable estate is: The tax shall be: 103341
Not over $40,000 2% of the taxable estate 103342
Over $40,000 but not over $100,000 $800 plus 3% of the excess over $40,000 103343
Over $100,000 but not over $200,000 $2,600 plus 4% of the excess over $100,000 103344
Over $200,000 but not over $300,000 $6,600 plus 5% of the excess over $200,000 103345
Over $300,000 but not over $500,000 $11,600 plus 6% of the excess over $300,000 103346
Over $500,000 $23,600 plus 7% of the excess over $500,000. 103347

       (B) A credit shall be allowed against the tax imposed by 103348
division (A) of this section equal to the lesser of five hundred 103349
dollars or the amount of the tax for persons dying on or after 103350
July 1, 1968, but before January 1, 2001; the lesser of six 103351
thousand six hundred dollars or the amount of the tax for persons 103352
dying on or after January 1, 2001, but before January 1, 2002; or 103353
the lesser of thirteen thousand nine hundred dollars or the amount 103354
of the tax for persons dying on or after January 1, 2002.103355

       Sec. 5731.19.  (A) A tax is hereby levied upon the transfer 103356
of so much of the taxable estate of every person dying on or after 103357
July 1, 1968, and before January 1, 2013, who, at the time of his103358
death, was not a resident of this state, as consists of real 103359
property situated in this state, tangible personal property having 103360
an actual situs in this state, and intangible personal property 103361
employed in carrying on a business within this state unless 103362
exempted from tax under the provisions of section 5731.34 of the 103363
Revised Code.103364

       (B) The amount of the tax on such real and tangible personal 103365
property shall be determined as follows:103366

       (1) Determine the amount of tax which would be payable under 103367
Chapter 5731. of the Revised Code if the decedent had died a 103368
resident of this state with all histhe decedent's property 103369
situated or located within this state;103370

       (2) Multiply the tax so determined by a fraction, the 103371
denominator of which shall be the value of the gross estate 103372
wherever situated and the numerator of which shall be the said 103373
gross estate value of the real property situated and the tangible 103374
personal property having an actual situs in this state and 103375
intangible personal property employed in carrying on a business 103376
within this state and not exempted from tax under section 5731.34 103377
of the Revised Code. The product shall be the amount of tax 103378
payable to this state.103379

       (C) In addition to the tax levied by division (A) of this 103380
section, an additional tax is hereby levied on such real and 103381
tangible personal property determined as follows:103382

       (1) Determine the amount of tax which would be payable under 103383
division (A) of section 5731.18 of the Revised Code, if the 103384
decedent had died a resident of this state with all histhe 103385
decedent's property situated or located within this state;103386

       (2) Multiply the tax so determined by a fraction, the 103387
denominator of which shall be the value of the gross estate 103388
wherever situated and the numerator of which shall be the said 103389
gross estate value of the real property situated and the tangible 103390
property having an actual situs in this state and intangible 103391
personal property employed in carrying on a business within this 103392
state and not exempted from tax under section 5731.34 of the 103393
Revised Code. The product so derived shall be credited with the 103394
amount of the tax determined under division (B) of this section.103395

       Sec. 5731.21.  (A)(1)(a) Except as provided under division 103396
(A)(3) of this section, the executor or administrator, or, if no 103397
executor or administrator has been appointed, another person in 103398
possession of property the transfer of which is subject to estate 103399
taxes under section 5731.02 or division (A) of section 5731.19 of 103400
the Revised Code, shall file an estate tax return, within nine 103401
months of the date of the decedent's death, in the form prescribed 103402
by the tax commissioner, in duplicate, with the probate court of 103403
the county. The return shall include all property the transfer of 103404
which is subject to estate taxes, whether that property is 103405
transferred under the last will and testament of the decedent or 103406
otherwise. The time for filing the return may be extended by the 103407
tax commissioner.103408

       (b) The estate tax return described in division (A)(1)(a) of 103409
this section shall be accompanied by a certificate, in the form 103410
prescribed by the tax commissioner, that is signed by the 103411
executor, administrator, or other person required to file the 103412
return, and that states all of the following:103413

       (i) The fact that the return was filed;103414

       (ii) The date of the filing of the return;103415

       (iii) The fact that the estate taxes under section 5731.02 or 103416
division (A) of section 5731.19 of the Revised Code, that are 103417
shown to be due in the return, have been paid in full;103418

       (iv) If applicable, the fact that real property listed in the 103419
inventory for the decedent's estate is included in the return;103420

       (v) If applicable, the fact that real property not listed in 103421
the inventory for the decedent's estate, including, but not 103422
limited to, survivorship tenancy property as described in section 103423
5302.17 of the Revised Code or transfer on death property as 103424
described in sections 5302.22 and 5302.23 of the Revised Code, 103425
also is included in the return. In this regard, the certificate 103426
additionally shall describe that real property by the same 103427
description used in the return.103428

       (2) The probate court shall forward one copy of the estate 103429
tax return described in division (A)(1)(a) of this section to the 103430
tax commissioner.103431

       (3) A person shall not be required to file a return under 103432
division (A) of this section if the decedent was a resident of 103433
this state and the value of the decedent's gross estate is 103434
twenty-five thousand dollars or less in the case of a decedent 103435
dying on or after July 1, 1968, but before January 1, 2001; two 103436
hundred thousand dollars or less in the case of a decedent dying 103437
on or after January 1, 2001, but before January 1, 2002; or three 103438
hundred thirty-eight thousand three hundred thirty-three dollars 103439
or less in the case of a decedent dying on or after January 1, 103440
2002. No return shall be filed for estates of decedents dying on 103441
or after January 1, 2013.103442

       (4)(a) Upon receipt of the estate tax return described in 103443
division (A)(1)(a) of this section and the accompanying 103444
certificate described in division (A)(1)(b) of this section, the 103445
probate court promptly shall give notice of the return, by a form 103446
prescribed by the tax commissioner, to the county auditor. The 103447
auditor then shall make a charge based upon the notice and shall 103448
certify a duplicate of the charge to the county treasurer. The 103449
treasurer then shall collect, subject to division (A) of section 103450
5731.25 of the Revised Code or any other statute extending the 103451
time for payment of an estate tax, the tax so charged.103452

       (b) Upon receipt of the return and the accompanying 103453
certificate, the probate court also shall forward the certificate 103454
to the auditor. When satisfied that the estate taxes under section 103455
5731.02 or division (A) of section 5731.19 of the Revised Code, 103456
that are shown to be due in the return, have been paid in full, 103457
the auditor shall stamp the certificate so forwarded to verify 103458
that payment. The auditor then shall return the stamped 103459
certificate to the probate court.103460

       (5)(a) The certificate described in division (A)(1)(b) of 103461
this section is a public record subject to inspection and copying 103462
in accordance with section 149.43 of the Revised Code. It shall be 103463
kept in the records of the probate court pertaining to the 103464
decedent's estate and is not subject to the confidentiality 103465
provisions of section 5731.90 of the Revised Code.103466

       (b) All persons are entitled to rely on the statements 103467
contained in a certificate as described in division (A)(1)(b) of 103468
this section if it has been filed in accordance with that 103469
division, forwarded to a county auditor and stamped in accordance 103470
with division (A)(4) of this section, and placed in the records of 103471
the probate court pertaining to the decedent's estate in 103472
accordance with division (A)(5)(a) of this section. The real 103473
property referred to in the certificate shall be free of, and may 103474
be regarded by all persons as being free of, any lien for estate 103475
taxes under section 5731.02 and division (A) of section 5731.19 of 103476
the Revised Code.103477

       (B) An estate tax return filed under this section, in the 103478
form prescribed by the tax commissioner, and showing that no 103479
estate tax is due shall result in a determination that no estate 103480
tax is due, if the tax commissioner within three months after the 103481
receipt of the return by the department of taxation, fails to file 103482
exceptions to the return in the probate court of the county in 103483
which the return was filed. A copy of exceptions to a return of 103484
that nature, when the tax commissioner files them within that 103485
period, shall be sent by ordinary mail to the person who filed the 103486
return. The tax commissioner is not bound under this division by a 103487
determination that no estate tax is due, with respect to property 103488
not disclosed in the return.103489

       (C) If the executor, administrator, or other person required 103490
to file an estate tax return fails to file it within nine months 103491
of the date of the decedent's death, the tax commissioner may 103492
determine the estate tax in that estate and issue a certificate of 103493
determination in the same manner as is provided in division (B) of 103494
section 5731.27 of the Revised Code. A certificate of 103495
determination of that nature has the same force and effect as 103496
though a return had been filed and a certificate of determination 103497
issued with respect to the return.103498

       Sec. 5731.39.  (A) No corporation organized or existing under 103499
the laws of this state shall transfer on its books or issue a new 103500
certificate for any share of its capital stock registered in the 103501
name of a decedent, or in trust for a decedent, or in the name of 103502
a decedent and another person or persons, without the written 103503
consent of the tax commissioner.103504

       (B) No safe deposit company, trust company, financial 103505
institution as defined in division (A) of section 5725.01 of the 103506
Revised Code or other corporation or person, having in possession, 103507
control, or custody a deposit standing in the name of a decedent, 103508
or in trust for a decedent, or in the name of a decedent and 103509
another person or persons, shall deliver or transfer an amount in 103510
excess of three-fourths of the total value of such deposit, 103511
including accrued interest and dividends, as of the date of 103512
decedent's death, without the written consent of the tax 103513
commissioner. The written consent of the tax commissioner need not 103514
be obtained prior to the delivery or transfer of amounts having a 103515
value of three-fourths or less of said total value.103516

       (C) No life insurance company shall pay the proceeds of an 103517
annuity or matured endowment contract, or of a life insurance 103518
contract payable to the estate of a decedent, or of any other 103519
insurance contract taxable under Chapter 5731. of the Revised 103520
Code, without the written consent of the tax commissioner. Any 103521
life insurance company may pay the proceeds of any insurance 103522
contract not specified in this division (C) without the written 103523
consent of the tax commissioner.103524

       (D) No trust company or other corporation or person shall pay 103525
the proceeds of any death benefit, retirement, pension or profit 103526
sharing plan in excess of two thousand dollars, without the 103527
written consent of the tax commissioner. Such trust company or 103528
other corporation or person, however, may pay the proceeds of any 103529
death benefit, retirement, pension, or profit-sharing plan which 103530
consists of insurance on the life of the decedent payable to a 103531
beneficiary other than the estate of the insured without the 103532
written consent of the tax commissioner.103533

       (E) No safe deposit company, trust company, financial 103534
institution as defined in division (A) of section 5725.01 of the 103535
Revised Code, or other corporation or person, having in 103536
possession, control, or custody securities, assets, or other 103537
property (including the shares of the capital stock of, or other 103538
interest in, such safe deposit company, trust company, financial 103539
institution as defined in division (A) of section 5725.01 of the 103540
Revised Code, or other corporation), standing in the name of a 103541
decedent, or in trust for a decedent, or in the name of a decedent 103542
and another person or persons, and the transfer of which is 103543
taxable under Chapter 5731. of the Revised Code, shall deliver or 103544
transfer any such securities, assets, or other property which have 103545
a value as of the date of decedent's death in excess of 103546
three-fourths of the total value thereof, without the written 103547
consent of the tax commissioner. The written consent of the tax 103548
commissioner need not be obtained prior to the delivery or 103549
transfer of any such securities, assets, or other property having 103550
a value of three-fourths or less of said total value.103551

       (F) No safe deposit company, financial institution as defined 103552
in division (A) of section 5725.01 of the Revised Code, or other 103553
corporation or person having possession or control of a safe 103554
deposit box or similar receptacle standing in the name of a 103555
decedent or in the name of the decedent and another person or 103556
persons, or to which the decedent had a right of access, except 103557
when such safe deposit box or other receptacle stands in the name 103558
of a corporation or partnership, or in the name of the decedent as 103559
guardian or executor, shall deliver any of the contents thereof 103560
unless the safe deposit box or similar receptacle has been opened 103561
and inventoried in the presence of the tax commissioner or the 103562
commissioner's agent, and a written consent to transfer issued; 103563
provided, however, that a safe deposit company, financial 103564
institution, or other corporation or person having possession or 103565
control of a safe deposit box may deliver wills, deeds to burial 103566
lots, and insurance policies to a representative of the decedent, 103567
but that a representative of the safe deposit company, financial 103568
institution, or other corporation or person must supervise the 103569
opening of the box and make a written record of the wills, deeds, 103570
and policies removed. Such written record shall be included in the 103571
tax commissioner's inventory records.103572

       (G) Notwithstanding any provision of this section:103573

       (1) The tax commissioner may authorize any delivery or 103574
transfer or waive any of the foregoing requirements under such 103575
terms and conditions as the commissioner may prescribe;103576

       (2) An adult care facility, as defined in section 3722.01103577
5119.70 of the Revised Code, or a home, as defined in section 103578
3721.10 of the Revised Code, may transfer or use the money in a 103579
personal needs allowance account in accordance with section 103580
5111.113 of the Revised Code without the written consent of the 103581
tax commissioner, and without the account having been opened and 103582
inventoried in the presence of the commissioner or the 103583
commissioner's agent. 103584

       Failure to comply with this section shall render such safe 103585
deposit company, trust company, life insurance company, financial 103586
institution as defined in division (A) of section 5725.01 of the 103587
Revised Code, or other corporation or person liable for the amount 103588
of the taxes and interest due under the provisions of Chapter 103589
5731. of the Revised Code on the transfer of such stock, deposit, 103590
proceeds of an annuity or matured endowment contract or of a life 103591
insurance contract payable to the estate of a decedent, or other 103592
insurance contract taxable under Chapter 5731. of the Revised 103593
Code, proceeds of any death benefit, retirement, pension, or 103594
profit sharing plan in excess of two thousand dollars, or 103595
securities, assets, or other property of any resident decedent, 103596
and in addition thereto, to a penalty of not less than five 103597
hundred or more than five thousand dollars.103598

       Sec. 5733.0610.  (A) A refundable corporation franchise tax 103599
credit granted by the tax credit authority under section 122.17 or 103600
division (B)(2) or (3) of section 122.171 of the Revised Code may 103601
be claimed under this chapter in the order required under section 103602
5733.98 of the Revised Code. For purposes of making tax payments 103603
under this chapter, taxes equal to the amount of the refundable 103604
credit shall be considered to be paid to this state on the first 103605
day of the tax year. The refundable credit shall not be claimed 103606
for any tax years following the calendar year in which a 103607
relocation of employment positions occurs in violation of an 103608
agreement entered into under section 122.171 of the Revised Code.103609

       (B) A nonrefundable corporation franchise tax credit granted 103610
by the tax credit authority under division (B)(1) of section 103611
122.171 of the Revised Code may be claimed under this chapter in 103612
the order required under section 5733.98 of the Revised Code.103613

       Sec. 5733.23.  In addition to all other remedies for the 103614
collection of any taxes or penalties due under law, whenever any 103615
taxes, fees, or penalties due from any corporation have remained 103616
unpaid for a period of ninety days, or whenever any corporation 103617
has failed for a period of ninety days to make any report or 103618
return required by law, or to pay any penalty for failure to make 103619
or file such report or return, the attorney general, upon the 103620
request of the tax commissioner, shall file a petition in the 103621
court of common pleas in the county of the state in which such 103622
corporation has its principal place of business for a judgment for 103623
the amount of the taxes or penalties appearing to be due, the 103624
enforcement of any lien in favor of the state, and an injunction 103625
to restrain such corporation and its officers, directors, and 103626
managing agents from the transaction of any business within this 103627
state, other than such acts as are incidental to liquidation or 103628
winding up, until the payment of such taxes, fees, and penalties, 103629
and the costs of the proceeding which shall be fixed by the court, 103630
or the making and filing of such report or return.103631

       Such petition shall be in the name of the state. All or any 103632
of the corporations having their principal places of business in 103633
the county may be joined in one suit. On the motion of the 103634
attorney general, the court of common pleas shall enter an order 103635
requiring all defendants to answer by a day certain, and may 103636
appoint a special master commissioner to take testimony, with such 103637
other power and authority as the court confers, and permitting 103638
process to be served by registered mail and by publication in a 103639
newspaper of general circulation published in the county, which 103640
publication need not be made more than once, setting forth the 103641
name of each delinquent corporation, the matter in which such 103642
corporation is delinquent, the names of its officers, directors, 103643
and managing agents, if set forth in the petition, and the amount 103644
of any taxes, fees, or penalties claimed to be owing by said 103645
corporation.103646

       All or any of the officers, directors, shareholders, or 103647
managing agents of any corporation may be joined as defendants 103648
with such corporation.103649

       If it appears to the court upon hearing that any corporation 103650
which is a party to such proceeding is indebted to the state for 103651
taxes, fees, or penalties, judgment shall be entered therefor with 103652
interest; and if it appears that any corporation has failed to 103653
make or file any report or return, a mandatory injunction may be 103654
issued against such corporation, its officers, directors, and 103655
managing agents, enjoining them from the transaction of any 103656
business within this state, other than acts incidental to 103657
liquidation or winding up, until the making and filing of all 103658
proper reports or returns and until the payment in full of all 103659
taxes, fees, and penalties.103660

       If the officers, directors, shareholders, or managing agents 103661
of a corporation are not made parties in the first instance, and a 103662
judgment or an injunction is rendered or issued against such 103663
corporation, such officers, directors, shareholders, or managing 103664
agents may be made parties to such proceedings upon the motion of 103665
the attorney general, and, upon notice to them of the form and 103666
terms of such injunction, they shall be bound thereby as fully as 103667
if they had been made parties in the first instance.103668

       In any action authorized by this section, a statement of the 103669
commissioner, or the secretary of state, when duly certified, 103670
shall be prima-facie evidence of the amount of taxes, fees, or 103671
penalties due from any corporation, or of the failure of any 103672
corporation to file with the commissioner or the secretary of 103673
state any report required by law, and any such certificate of the 103674
commissioner or the secretary of state may be required in evidence 103675
in any such proceeding.103676

       On the application of any defendant and for good cause shown, 103677
the court may order a separate hearing of the issues as to any 103678
defendant.103679

       The costs of the proceeding shall be apportioned among the 103680
parties as the court deems proper.103681

       The court in such proceeding may make, enter, and enforce 103682
such other judgments and orders and grant such other relief as is 103683
necessary or incidental to the enforcement of the claims and lien 103684
of the state.103685

       In the performance of the duties enjoined upon himthe 103686
attorney general by this section the attorney general may direct 103687
any prosecuting attorney to bring an action, as authorized by this 103688
section, in the name of the state with respect to any delinquent 103689
corporations within histhe prosecuting attorney's county, and 103690
like proceedings and orders shall be had as if such action were 103691
instituted by the attorney general.103692

       Sec. 5739.02.  For the purpose of providing revenue with 103693
which to meet the needs of the state, for the use of the general 103694
revenue fund of the state, for the purpose of securing a thorough 103695
and efficient system of common schools throughout the state, for 103696
the purpose of affording revenues, in addition to those from 103697
general property taxes, permitted under constitutional 103698
limitations, and from other sources, for the support of local 103699
governmental functions, and for the purpose of reimbursing the 103700
state for the expense of administering this chapter, an excise tax 103701
is hereby levied on each retail sale made in this state.103702

       (A)(1) The tax shall be collected as provided in section 103703
5739.025 of the Revised Code. The rate of the tax shall be five 103704
and one-half per cent. The tax applies and is collectible when the 103705
sale is made, regardless of the time when the price is paid or 103706
delivered.103707

        (2) In the case of the lease or rental, with a fixed term of 103708
more than thirty days or an indefinite term with a minimum period 103709
of more than thirty days, of any motor vehicles designed by the 103710
manufacturer to carry a load of not more than one ton, watercraft, 103711
outboard motor, or aircraft, or of any tangible personal property, 103712
other than motor vehicles designed by the manufacturer to carry a 103713
load of more than one ton, to be used by the lessee or renter 103714
primarily for business purposes, the tax shall be collected by the 103715
vendor at the time the lease or rental is consummated and shall be 103716
calculated by the vendor on the basis of the total amount to be 103717
paid by the lessee or renter under the lease agreement. If the 103718
total amount of the consideration for the lease or rental includes 103719
amounts that are not calculated at the time the lease or rental is 103720
executed, the tax shall be calculated and collected by the vendor 103721
at the time such amounts are billed to the lessee or renter. In 103722
the case of an open-end lease or rental, the tax shall be 103723
calculated by the vendor on the basis of the total amount to be 103724
paid during the initial fixed term of the lease or rental, and for 103725
each subsequent renewal period as it comes due. As used in this 103726
division, "motor vehicle" has the same meaning as in section 103727
4501.01 of the Revised Code, and "watercraft" includes an outdrive 103728
unit attached to the watercraft.103729

       A lease with a renewal clause and a termination penalty or 103730
similar provision that applies if the renewal clause is not 103731
exercised is presumed to be a sham transaction. In such a case, 103732
the tax shall be calculated and paid on the basis of the entire 103733
length of the lease period, including any renewal periods, until 103734
the termination penalty or similar provision no longer applies. 103735
The taxpayer shall bear the burden, by a preponderance of the 103736
evidence, that the transaction or series of transactions is not a 103737
sham transaction.103738

       (3) Except as provided in division (A)(2) of this section, in 103739
the case of a sale, the price of which consists in whole or in 103740
part of the lease or rental of tangible personal property, the tax 103741
shall be measured by the installments of that lease or rental.103742

       (4) In the case of a sale of a physical fitness facility 103743
service or recreation and sports club service, the price of which 103744
consists in whole or in part of a membership for the receipt of 103745
the benefit of the service, the tax applicable to the sale shall 103746
be measured by the installments thereof.103747

       (B) The tax does not apply to the following:103748

       (1) Sales to the state or any of its political subdivisions, 103749
or to any other state or its political subdivisions if the laws of 103750
that state exempt from taxation sales made to this state and its 103751
political subdivisions;103752

       (2) Sales of food for human consumption off the premises 103753
where sold;103754

       (3) Sales of food sold to students only in a cafeteria, 103755
dormitory, fraternity, or sorority maintained in a private, 103756
public, or parochial school, college, or university;103757

       (4) Sales of newspapers and of magazine subscriptions and 103758
sales or transfers of magazines distributed as controlled 103759
circulation publications;103760

       (5) The furnishing, preparing, or serving of meals without 103761
charge by an employer to an employee provided the employer records 103762
the meals as part compensation for services performed or work 103763
done;103764

       (6) Sales of motor fuel upon receipt, use, distribution, or 103765
sale of which in this state a tax is imposed by the law of this 103766
state, but this exemption shall not apply to the sale of motor 103767
fuel on which a refund of the tax is allowable under division (A) 103768
of section 5735.14 of the Revised Code; and the tax commissioner 103769
may deduct the amount of tax levied by this section applicable to 103770
the price of motor fuel when granting a refund of motor fuel tax 103771
pursuant to division (A) of section 5735.14 of the Revised Code 103772
and shall cause the amount deducted to be paid into the general 103773
revenue fund of this state;103774

       (7) Sales of natural gas by a natural gas company, of water 103775
by a water-works company, or of steam by a heating company, if in 103776
each case the thing sold is delivered to consumers through pipes 103777
or conduits, and all sales of communications services by a 103778
telegraph company, all terms as defined in section 5727.01 of the 103779
Revised Code, and sales of electricity delivered through wires;103780

       (8) Casual sales by a person, or auctioneer employed directly 103781
by the person to conduct such sales, except as to such sales of 103782
motor vehicles, watercraft or outboard motors required to be 103783
titled under section 1548.06 of the Revised Code, watercraft 103784
documented with the United States coast guard, snowmobiles, and 103785
all-purpose vehicles as defined in section 4519.01 of the Revised 103786
Code;103787

       (9)(a) Sales of services or tangible personal property, other 103788
than motor vehicles, mobile homes, and manufactured homes, by 103789
churches, organizations exempt from taxation under section 103790
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit 103791
organizations operated exclusively for charitable purposes as 103792
defined in division (B)(12) of this section, provided that the 103793
number of days on which such tangible personal property or 103794
services, other than items never subject to the tax, are sold does 103795
not exceed six in any calendar year, except as otherwise provided 103796
in division (B)(9)(b) of this section. If the number of days on 103797
which such sales are made exceeds six in any calendar year, the 103798
church or organization shall be considered to be engaged in 103799
business and all subsequent sales by it shall be subject to the 103800
tax. In counting the number of days, all sales by groups within a 103801
church or within an organization shall be considered to be sales 103802
of that church or organization.103803

       (b) The limitation on the number of days on which tax-exempt 103804
sales may be made by a church or organization under division 103805
(B)(9)(a) of this section does not apply to sales made by student 103806
clubs and other groups of students of a primary or secondary 103807
school, or a parent-teacher association, booster group, or similar 103808
organization that raises money to support or fund curricular or 103809
extracurricular activities of a primary or secondary school.103810

       (c) Divisions (B)(9)(a) and (b) of this section do not apply 103811
to sales by a noncommercial educational radio or television 103812
broadcasting station.103813

       (10) Sales not within the taxing power of this state under 103814
the Constitution of the United States;103815

       (11) Except for transactions that are sales under division 103816
(B)(3)(r) of section 5739.01 of the Revised Code, the 103817
transportation of persons or property, unless the transportation 103818
is by a private investigation and security service;103819

       (12) Sales of tangible personal property or services to 103820
churches, to organizations exempt from taxation under section 103821
501(c)(3) of the Internal Revenue Code of 1986, and to any other 103822
nonprofit organizations operated exclusively for charitable 103823
purposes in this state, no part of the net income of which inures 103824
to the benefit of any private shareholder or individual, and no 103825
substantial part of the activities of which consists of carrying 103826
on propaganda or otherwise attempting to influence legislation; 103827
sales to offices administering one or more homes for the aged or 103828
one or more hospital facilities exempt under section 140.08 of the 103829
Revised Code; and sales to organizations described in division (D) 103830
of section 5709.12 of the Revised Code.103831

       "Charitable purposes" means the relief of poverty; the 103832
improvement of health through the alleviation of illness, disease, 103833
or injury; the operation of an organization exclusively for the 103834
provision of professional, laundry, printing, and purchasing 103835
services to hospitals or charitable institutions; the operation of 103836
a home for the aged, as defined in section 5701.13 of the Revised 103837
Code; the operation of a radio or television broadcasting station 103838
that is licensed by the federal communications commission as a 103839
noncommercial educational radio or television station; the 103840
operation of a nonprofit animal adoption service or a county 103841
humane society; the promotion of education by an institution of 103842
learning that maintains a faculty of qualified instructors, 103843
teaches regular continuous courses of study, and confers a 103844
recognized diploma upon completion of a specific curriculum; the 103845
operation of a parent-teacher association, booster group, or 103846
similar organization primarily engaged in the promotion and 103847
support of the curricular or extracurricular activities of a 103848
primary or secondary school; the operation of a community or area 103849
center in which presentations in music, dramatics, the arts, and 103850
related fields are made in order to foster public interest and 103851
education therein; the production of performances in music, 103852
dramatics, and the arts; or the promotion of education by an 103853
organization engaged in carrying on research in, or the 103854
dissemination of, scientific and technological knowledge and 103855
information primarily for the public.103856

       Nothing in this division shall be deemed to exempt sales to 103857
any organization for use in the operation or carrying on of a 103858
trade or business, or sales to a home for the aged for use in the 103859
operation of independent living facilities as defined in division 103860
(A) of section 5709.12 of the Revised Code.103861

       (13) Building and construction materials and services sold to 103862
construction contractors for incorporation into a structure or 103863
improvement to real property under a construction contract with 103864
this state or a political subdivision of this state, or with the 103865
United States government or any of its agencies; building and 103866
construction materials and services sold to construction 103867
contractors for incorporation into a structure or improvement to 103868
real property that are accepted for ownership by this state or any 103869
of its political subdivisions, or by the United States government 103870
or any of its agencies at the time of completion of the structures 103871
or improvements; building and construction materials sold to 103872
construction contractors for incorporation into a horticulture 103873
structure or livestock structure for a person engaged in the 103874
business of horticulture or producing livestock; building 103875
materials and services sold to a construction contractor for 103876
incorporation into a house of public worship or religious 103877
education, or a building used exclusively for charitable purposes 103878
under a construction contract with an organization whose purpose 103879
is as described in division (B)(12) of this section; building 103880
materials and services sold to a construction contractor for 103881
incorporation into a building under a construction contract with 103882
an organization exempt from taxation under section 501(c)(3) of 103883
the Internal Revenue Code of 1986 when the building is to be used 103884
exclusively for the organization's exempt purposes; building and 103885
construction materials sold for incorporation into the original 103886
construction of a sports facility under section 307.696 of the 103887
Revised Code; building and construction materials and services 103888
sold to a construction contractor for incorporation into real 103889
property outside this state if such materials and services, when 103890
sold to a construction contractor in the state in which the real 103891
property is located for incorporation into real property in that 103892
state, would be exempt from a tax on sales levied by that state; 103893
and, until one calendar year after the construction of a 103894
convention center that qualifies for property tax exemption under 103895
section 5709.084 of the Revised Code is completed, building and 103896
construction materials and services sold to a construction 103897
contractor for incorporation into the real property comprising 103898
that convention center;103899

       (14) Sales of ships or vessels or rail rolling stock used or 103900
to be used principally in interstate or foreign commerce, and 103901
repairs, alterations, fuel, and lubricants for such ships or 103902
vessels or rail rolling stock;103903

       (15) Sales to persons primarily engaged in any of the 103904
activities mentioned in division (B)(42)(a) or (g) of this 103905
section, to persons engaged in making retail sales, or to persons 103906
who purchase for sale from a manufacturer tangible personal 103907
property that was produced by the manufacturer in accordance with 103908
specific designs provided by the purchaser, of packages, including 103909
material, labels, and parts for packages, and of machinery, 103910
equipment, and material for use primarily in packaging tangible 103911
personal property produced for sale, including any machinery, 103912
equipment, and supplies used to make labels or packages, to 103913
prepare packages or products for labeling, or to label packages or 103914
products, by or on the order of the person doing the packaging, or 103915
sold at retail. "Packages" includes bags, baskets, cartons, 103916
crates, boxes, cans, bottles, bindings, wrappings, and other 103917
similar devices and containers, but does not include motor 103918
vehicles or bulk tanks, trailers, or similar devices attached to 103919
motor vehicles. "Packaging" means placing in a package. Division 103920
(B)(15) of this section does not apply to persons engaged in 103921
highway transportation for hire.103922

       (16) Sales of food to persons using supplemental nutrition 103923
assistance program benefits to purchase the food. As used in this 103924
division, "food" has the same meaning as in 7 U.S.C. 2012 and 103925
federal regulations adopted pursuant to the Food and Nutrition Act 103926
of 2008.103927

       (17) Sales to persons engaged in farming, agriculture, 103928
horticulture, or floriculture, of tangible personal property for 103929
use or consumption directly in the production by farming, 103930
agriculture, horticulture, or floriculture of other tangible 103931
personal property for use or consumption directly in the 103932
production of tangible personal property for sale by farming, 103933
agriculture, horticulture, or floriculture; or material and parts 103934
for incorporation into any such tangible personal property for use 103935
or consumption in production; and of tangible personal property 103936
for such use or consumption in the conditioning or holding of 103937
products produced by and for such use, consumption, or sale by 103938
persons engaged in farming, agriculture, horticulture, or 103939
floriculture, except where such property is incorporated into real 103940
property;103941

       (18) Sales of drugs for a human being that may be dispensed 103942
only pursuant to a prescription; insulin as recognized in the 103943
official United States pharmacopoeia; urine and blood testing 103944
materials when used by diabetics or persons with hypoglycemia to 103945
test for glucose or acetone; hypodermic syringes and needles when 103946
used by diabetics for insulin injections; epoetin alfa when 103947
purchased for use in the treatment of persons with medical 103948
disease; hospital beds when purchased by hospitals, nursing homes, 103949
or other medical facilities; and medical oxygen and medical 103950
oxygen-dispensing equipment when purchased by hospitals, nursing 103951
homes, or other medical facilities;103952

       (19) Sales of prosthetic devices, durable medical equipment 103953
for home use, or mobility enhancing equipment, when made pursuant 103954
to a prescription and when such devices or equipment are for use 103955
by a human being.103956

       (20) Sales of emergency and fire protection vehicles and 103957
equipment to nonprofit organizations for use solely in providing 103958
fire protection and emergency services, including trauma care and 103959
emergency medical services, for political subdivisions of the 103960
state;103961

       (21) Sales of tangible personal property manufactured in this 103962
state, if sold by the manufacturer in this state to a retailer for 103963
use in the retail business of the retailer outside of this state 103964
and if possession is taken from the manufacturer by the purchaser 103965
within this state for the sole purpose of immediately removing the 103966
same from this state in a vehicle owned by the purchaser;103967

       (22) Sales of services provided by the state or any of its 103968
political subdivisions, agencies, instrumentalities, institutions, 103969
or authorities, or by governmental entities of the state or any of 103970
its political subdivisions, agencies, instrumentalities, 103971
institutions, or authorities;103972

       (23) Sales of motor vehicles to nonresidents of this state 103973
under the circumstances described in division (B) of section 103974
5739.029 of the Revised Code;103975

       (24) Sales to persons engaged in the preparation of eggs for 103976
sale of tangible personal property used or consumed directly in 103977
such preparation, including such tangible personal property used 103978
for cleaning, sanitizing, preserving, grading, sorting, and 103979
classifying by size; packages, including material and parts for 103980
packages, and machinery, equipment, and material for use in 103981
packaging eggs for sale; and handling and transportation equipment 103982
and parts therefor, except motor vehicles licensed to operate on 103983
public highways, used in intraplant or interplant transfers or 103984
shipment of eggs in the process of preparation for sale, when the 103985
plant or plants within or between which such transfers or 103986
shipments occur are operated by the same person. "Packages" 103987
includes containers, cases, baskets, flats, fillers, filler flats, 103988
cartons, closure materials, labels, and labeling materials, and 103989
"packaging" means placing therein.103990

       (25)(a) Sales of water to a consumer for residential use, 103991
except the sale of bottled water, distilled water, mineral water, 103992
carbonated water, or ice;103993

       (b) Sales of water by a nonprofit corporation engaged 103994
exclusively in the treatment, distribution, and sale of water to 103995
consumers, if such water is delivered to consumers through pipes 103996
or tubing.103997

       (26) Fees charged for inspection or reinspection of motor 103998
vehicles under section 3704.14 of the Revised Code;103999

       (27) Sales to persons licensed to conduct a food service 104000
operation pursuant to section 3717.43 of the Revised Code, of 104001
tangible personal property primarily used directly for the 104002
following:104003

       (a) To prepare food for human consumption for sale;104004

       (b) To preserve food that has been or will be prepared for 104005
human consumption for sale by the food service operator, not 104006
including tangible personal property used to display food for 104007
selection by the consumer;104008

       (c) To clean tangible personal property used to prepare or 104009
serve food for human consumption for sale.104010

       (28) Sales of animals by nonprofit animal adoption services 104011
or county humane societies;104012

       (29) Sales of services to a corporation described in division 104013
(A) of section 5709.72 of the Revised Code, and sales of tangible 104014
personal property that qualifies for exemption from taxation under 104015
section 5709.72 of the Revised Code;104016

       (30) Sales and installation of agricultural land tile, as 104017
defined in division (B)(5)(a) of section 5739.01 of the Revised 104018
Code;104019

       (31) Sales and erection or installation of portable grain 104020
bins, as defined in division (B)(5)(b) of section 5739.01 of the 104021
Revised Code;104022

       (32) The sale, lease, repair, and maintenance of, parts for, 104023
or items attached to or incorporated in, motor vehicles that are 104024
primarily used for transporting tangible personal property 104025
belonging to others by a person engaged in highway transportation 104026
for hire, except for packages and packaging used for the 104027
transportation of tangible personal property;104028

       (33) Sales to the state headquarters of any veterans' 104029
organization in this state that is either incorporated and issued 104030
a charter by the congress of the United States or is recognized by 104031
the United States veterans administration, for use by the 104032
headquarters;104033

       (34) Sales to a telecommunications service vendor, mobile 104034
telecommunications service vendor, or satellite broadcasting 104035
service vendor of tangible personal property and services used 104036
directly and primarily in transmitting, receiving, switching, or 104037
recording any interactive, one- or two-way electromagnetic 104038
communications, including voice, image, data, and information, 104039
through the use of any medium, including, but not limited to, 104040
poles, wires, cables, switching equipment, computers, and record 104041
storage devices and media, and component parts for the tangible 104042
personal property. The exemption provided in this division shall 104043
be in lieu of all other exemptions under division (B)(42)(a) of 104044
this section to which the vendor may otherwise be entitled, based 104045
upon the use of the thing purchased in providing the 104046
telecommunications, mobile telecommunications, or satellite 104047
broadcasting service.104048

       (35)(a) Sales where the purpose of the consumer is to use or 104049
consume the things transferred in making retail sales and 104050
consisting of newspaper inserts, catalogues, coupons, flyers, gift 104051
certificates, or other advertising material that prices and 104052
describes tangible personal property offered for retail sale.104053

       (b) Sales to direct marketing vendors of preliminary 104054
materials such as photographs, artwork, and typesetting that will 104055
be used in printing advertising material; of printed matter that 104056
offers free merchandise or chances to win sweepstake prizes and 104057
that is mailed to potential customers with advertising material 104058
described in division (B)(35)(a) of this section; and of equipment 104059
such as telephones, computers, facsimile machines, and similar 104060
tangible personal property primarily used to accept orders for 104061
direct marketing retail sales.104062

       (c) Sales of automatic food vending machines that preserve 104063
food with a shelf life of forty-five days or less by refrigeration 104064
and dispense it to the consumer.104065

       For purposes of division (B)(35) of this section, "direct 104066
marketing" means the method of selling where consumers order 104067
tangible personal property by United States mail, delivery 104068
service, or telecommunication and the vendor delivers or ships the 104069
tangible personal property sold to the consumer from a warehouse, 104070
catalogue distribution center, or similar fulfillment facility by 104071
means of the United States mail, delivery service, or common 104072
carrier.104073

       (36) Sales to a person engaged in the business of 104074
horticulture or producing livestock of materials to be 104075
incorporated into a horticulture structure or livestock structure;104076

       (37) Sales of personal computers, computer monitors, computer 104077
keyboards, modems, and other peripheral computer equipment to an 104078
individual who is licensed or certified to teach in an elementary 104079
or a secondary school in this state for use by that individual in 104080
preparation for teaching elementary or secondary school students;104081

       (38) Sales to a professional racing team of any of the 104082
following:104083

       (a) Motor racing vehicles;104084

       (b) Repair services for motor racing vehicles;104085

       (c) Items of property that are attached to or incorporated in 104086
motor racing vehicles, including engines, chassis, and all other 104087
components of the vehicles, and all spare, replacement, and 104088
rebuilt parts or components of the vehicles; except not including 104089
tires, consumable fluids, paint, and accessories consisting of 104090
instrumentation sensors and related items added to the vehicle to 104091
collect and transmit data by means of telemetry and other forms of 104092
communication.104093

       (39) Sales of used manufactured homes and used mobile homes, 104094
as defined in section 5739.0210 of the Revised Code, made on or 104095
after January 1, 2000;104096

       (40) Sales of tangible personal property and services to a 104097
provider of electricity used or consumed directly and primarily in 104098
generating, transmitting, or distributing electricity for use by 104099
others, including property that is or is to be incorporated into 104100
and will become a part of the consumer's production, transmission, 104101
or distribution system and that retains its classification as 104102
tangible personal property after incorporation; fuel or power used 104103
in the production, transmission, or distribution of electricity; 104104
energy conversion equipment as defined in section 5727.01 of the 104105
Revised Code; and tangible personal property and services used in 104106
the repair and maintenance of the production, transmission, or 104107
distribution system, including only those motor vehicles as are 104108
specially designed and equipped for such use. The exemption 104109
provided in this division shall be in lieu of all other exemptions 104110
in division (B)(42)(a) of this section to which a provider of 104111
electricity may otherwise be entitled based on the use of the 104112
tangible personal property or service purchased in generating, 104113
transmitting, or distributing electricity.104114

       (41) Sales to a person providing services under division 104115
(B)(3)(r) of section 5739.01 of the Revised Code of tangible 104116
personal property and services used directly and primarily in 104117
providing taxable services under that section.104118

       (42) Sales where the purpose of the purchaser is to do any of 104119
the following:104120

       (a) To incorporate the thing transferred as a material or a 104121
part into tangible personal property to be produced for sale by 104122
manufacturing, assembling, processing, or refining; or to use or 104123
consume the thing transferred directly in producing tangible 104124
personal property for sale by mining, including, without 104125
limitation, the extraction from the earth of all substances that 104126
are classed geologically as minerals, production of crude oil and 104127
natural gas, farming, agriculture, horticulture, or floriculture, 104128
or directly in the rendition of a public utility service, except 104129
that the sales tax levied by this section shall be collected upon 104130
all meals, drinks, and food for human consumption sold when 104131
transporting persons. Persons engaged in rendering farming, 104132
agricultural, horticultural, or floricultural services, and 104133
services in the exploration for, and production of, crude oil and 104134
natural gas, for others are deemed engaged directly in farming, 104135
agriculture, horticulture, and floriculture, or exploration for, 104136
and production of, crude oil and natural gas. This paragraph does 104137
not exempt from "retail sale" or "sales at retail" the sale of 104138
tangible personal property that is to be incorporated into a 104139
structure or improvement to real property.104140

       (b) To hold the thing transferred as security for the 104141
performance of an obligation of the vendor;104142

       (c) To resell, hold, use, or consume the thing transferred as 104143
evidence of a contract of insurance;104144

       (d) To use or consume the thing directly in commercial 104145
fishing;104146

       (e) To incorporate the thing transferred as a material or a 104147
part into, or to use or consume the thing transferred directly in 104148
the production of, magazines distributed as controlled circulation 104149
publications;104150

       (f) To use or consume the thing transferred in the production 104151
and preparation in suitable condition for market and sale of 104152
printed, imprinted, overprinted, lithographic, multilithic, 104153
blueprinted, photostatic, or other productions or reproductions of 104154
written or graphic matter;104155

       (g) To use the thing transferred, as described in section 104156
5739.011 of the Revised Code, primarily in a manufacturing 104157
operation to produce tangible personal property for sale;104158

       (h) To use the benefit of a warranty, maintenance or service 104159
contract, or similar agreement, as described in division (B)(7) of 104160
section 5739.01 of the Revised Code, to repair or maintain 104161
tangible personal property, if all of the property that is the 104162
subject of the warranty, contract, or agreement would not be 104163
subject to the tax imposed by this section;104164

       (i) To use the thing transferred as qualified research and 104165
development equipment;104166

       (j) To use or consume the thing transferred primarily in 104167
storing, transporting, mailing, or otherwise handling purchased 104168
sales inventory in a warehouse, distribution center, or similar 104169
facility when the inventory is primarily distributed outside this 104170
state to retail stores of the person who owns or controls the 104171
warehouse, distribution center, or similar facility, to retail 104172
stores of an affiliated group of which that person is a member, or 104173
by means of direct marketing. This division does not apply to 104174
motor vehicles registered for operation on the public highways. As 104175
used in this division, "affiliated group" has the same meaning as 104176
in division (B)(3)(e) of section 5739.01 of the Revised Code and 104177
"direct marketing" has the same meaning as in division (B)(35) of 104178
this section.104179

       (k) To use or consume the thing transferred to fulfill a 104180
contractual obligation incurred by a warrantor pursuant to a 104181
warranty provided as a part of the price of the tangible personal 104182
property sold or by a vendor of a warranty, maintenance or service 104183
contract, or similar agreement the provision of which is defined 104184
as a sale under division (B)(7) of section 5739.01 of the Revised 104185
Code;104186

       (l) To use or consume the thing transferred in the production 104187
of a newspaper for distribution to the public;104188

       (m) To use tangible personal property to perform a service 104189
listed in division (B)(3) of section 5739.01 of the Revised Code, 104190
if the property is or is to be permanently transferred to the 104191
consumer of the service as an integral part of the performance of 104192
the service;104193

       (n) To use or consume the thing transferred in acquiring, 104194
formatting, editing, storing, and disseminating data or 104195
information by electronic publishing.104196

       As used in division (B)(42) of this section, "thing" includes 104197
all transactions included in divisions (B)(3)(a), (b), and (e) of 104198
section 5739.01 of the Revised Code.104199

       (43) Sales conducted through a coin operated device that 104200
activates vacuum equipment or equipment that dispenses water, 104201
whether or not in combination with soap or other cleaning agents 104202
or wax, to the consumer for the consumer's use on the premises in 104203
washing, cleaning, or waxing a motor vehicle, provided no other 104204
personal property or personal service is provided as part of the 104205
transaction.104206

       (44) Sales of replacement and modification parts for engines, 104207
airframes, instruments, and interiors in, and paint for, aircraft 104208
used primarily in a fractional aircraft ownership program, and 104209
sales of services for the repair, modification, and maintenance of 104210
such aircraft, and machinery, equipment, and supplies primarily 104211
used to provide those services.104212

       (45) Sales of telecommunications service that is used 104213
directly and primarily to perform the functions of a call center. 104214
As used in this division, "call center" means any physical 104215
location where telephone calls are placed or received in high 104216
volume for the purpose of making sales, marketing, customer 104217
service, technical support, or other specialized business 104218
activity, and that employs at least fifty individuals that engage 104219
in call center activities on a full-time basis, or sufficient 104220
individuals to fill fifty full-time equivalent positions.104221

        (46) Sales by a telecommunications service vendor of 900 104222
service to a subscriber. This division does not apply to 104223
information services, as defined in division (FF) of section 104224
5739.01 of the Revised Code.104225

        (47) Sales of value-added non-voice data service. This 104226
division does not apply to any similar service that is not 104227
otherwise a telecommunications service.104228

       (48)(a) Sales of machinery, equipment, and software to a 104229
qualified direct selling entity for use in a warehouse or 104230
distribution center primarily for storing, transporting, or 104231
otherwise handling inventory that is held for sale to independent 104232
salespersons who operate as direct sellers and that is held 104233
primarily for distribution outside this state;104234

       (b) As used in division (B)(48)(a) of this section:104235

       (i) "Direct seller" means a person selling consumer products 104236
to individuals for personal or household use and not from a fixed 104237
retail location, including selling such product at in-home product 104238
demonstrations, parties, and other one-on-one selling.104239

       (ii) "Qualified direct selling entity" means an entity 104240
selling to direct sellers at the time the entity enters into a tax 104241
credit agreement with the tax credit authority pursuant to section 104242
122.17 of the Revised Code, provided that the agreement was 104243
entered into on or after January 1, 2007. Neither contingencies 104244
relevant to the granting of, nor later developments with respect 104245
to, the tax credit shall impair the status of the qualified direct 104246
selling entity under division (B)(48) of this section after 104247
execution of the tax credit agreement by the tax credit authority.104248

       (c) Division (B)(48) of this section is limited to machinery, 104249
equipment, and software first stored, used, or consumed in this 104250
state within the period commencing June 24, 2008, and ending on 104251
the date that is five years after that date.104252

       (49) Sales of materials, parts, equipment, or engines used in 104253
the repair or maintenance of aircraft or avionics systems of such 104254
aircraft, and sales of repair, remodeling, replacement, or 104255
maintenance services in this state performed on aircraft or on an 104256
aircraft's avionics, engine, or component materials or parts. As 104257
used in division (B)(49) of this section, "aircraft" means 104258
aircraft of more than six thousand pounds maximum certified 104259
takeoff weight or used exclusively in general aviation.104260

       (50) Sales of full flight simulators that are used for pilot 104261
or flight-crew training, sales of repair or replacement parts or 104262
components, and sales of repair or maintenance services for such 104263
full flight simulators. "Full flight simulator" means a replica of 104264
a specific type, or make, model, and series of aircraft cockpit. 104265
It includes the assemblage of equipment and computer programs 104266
necessary to represent aircraft operations in ground and flight 104267
conditions, a visual system providing an out-of-the-cockpit view, 104268
and a system that provides cues at least equivalent to those of a 104269
three-degree-of-freedom motion system, and has the full range of 104270
capabilities of the systems installed in the device as described 104271
in appendices A and B of part 60 of chapter 1 of title 14 of the 104272
Code of Federal Regulations.104273

       (51) Any transfer or lease of tangible personal property 104274
between the state and a successful proposer in accordance with 104275
sections 126.60 to 126.605 of the Revised Code, provided the 104276
property is part of a project as defined in section 126.60 of the 104277
Revised Code and the state retains ownership of the project or 104278
part thereof that is being transferred or leased, between the 104279
state and JobsOhio in accordance with section 4313.02 of the 104280
Revised Code, or between the department of rehabilitation and 104281
correction and a contractor in accordance with division (J) of 104282
section 9.06 of the Revised Code.104283

       (C) For the purpose of the proper administration of this 104284
chapter, and to prevent the evasion of the tax, it is presumed 104285
that all sales made in this state are subject to the tax until the 104286
contrary is established.104287

       (D) The levy of this tax on retail sales of recreation and 104288
sports club service shall not prevent a municipal corporation from 104289
levying any tax on recreation and sports club dues or on any 104290
income generated by recreation and sports club dues.104291

       (E) The tax collected by the vendor from the consumer under 104292
this chapter is not part of the price, but is a tax collection for 104293
the benefit of the state, and of counties levying an additional 104294
sales tax pursuant to section 5739.021 or 5739.026 of the Revised 104295
Code and of transit authorities levying an additional sales tax 104296
pursuant to section 5739.023 of the Revised Code. Except for the 104297
discount authorized under section 5739.12 of the Revised Code and 104298
the effects of any rounding pursuant to section 5703.055 of the 104299
Revised Code, no person other than the state or such a county or 104300
transit authority shall derive any benefit from the collection or 104301
payment of the tax levied by this section or section 5739.021, 104302
5739.023, or 5739.026 of the Revised Code.104303

       Sec. 5739.021.  (A) For the purpose of providing additional 104304
general revenues for the county or supporting criminal and 104305
administrative justice services in the county, or both, and to pay 104306
the expenses of administering such levy, any county may levy a tax 104307
at the rate of not more than one per cent at any multiple of 104308
one-fourth of one per cent upon every retail sale made in the 104309
county, except sales of watercraft and outboard motors required to 104310
be titled pursuant to Chapter 1548. of the Revised Code and sales 104311
of motor vehicles, and may increase the rate of an existing tax to 104312
not more than one per cent at any multiple of one-fourth of one 104313
per cent.104314

       The tax shall be levied and the rate increased pursuant to a 104315
resolution of the board of county commissioners. The resolution 104316
shall state the purpose for which the tax is to be levied and the 104317
number of years for which the tax is to be levied, or that it is 104318
for a continuing period of time. If the tax is to be levied for 104319
the purpose of providing additional general revenues and for the 104320
purpose of supporting criminal and administrative justice 104321
services, the resolution shall state the rate or amount of the tax 104322
to be apportioned to each such purpose. The rate or amount may be 104323
different for each year the tax is to be levied, but the rates or 104324
amounts actually apportioned each year shall not be different from 104325
that stated in the resolution for that year. If the resolution is 104326
adopted as an emergency measure necessary for the immediate 104327
preservation of the public peace, health, or safety, it must 104328
receive an affirmative vote of all of the members of the board of 104329
county commissioners and shall state the reasons for such 104330
necessity. The board shall deliver a certified copy of the 104331
resolution to the tax commissioner, not later than the sixty-fifth 104332
day prior to the date on which the tax is to become effective, 104333
which shall be the first day of the calendar quarter.104334

       Prior to the adoption of any resolution under this section, 104335
the board of county commissioners shall conduct two public 104336
hearings on the resolution, the second hearing to be not less than 104337
three nor more than ten days after the first. Notice of the date, 104338
time, and place of the hearings shall be given by publication in a 104339
newspaper of general circulation in the county, or as provided in 104340
section 7.16 of the Revised Code, once a week on the same day of 104341
the week for two consecutive weeks, the second publication being 104342
not less than ten nor more than thirty days prior to the first 104343
hearing.104344

       Except as provided in division (B)(3) of this section, the 104345
resolution shall be subject to a referendum as provided in 104346
sections 305.31 to 305.41 of the Revised Code.104347

       If a petition for a referendum is filed, the county auditor 104348
with whom the petition was filed shall, within five days, notify 104349
the board of county commissioners and the tax commissioner of the 104350
filing of the petition by certified mail. If the board of 104351
elections with which the petition was filed declares the petition 104352
invalid, the board of elections, within five days, shall notify 104353
the board of county commissioners and the tax commissioner of that 104354
declaration by certified mail. If the petition is declared to be 104355
invalid, the effective date of the tax or increased rate of tax 104356
levied by this section shall be the first day of a calendar 104357
quarter following the expiration of sixty-five days from the date 104358
the commissioner receives notice from the board of elections that 104359
the petition is invalid.104360

       (B)(1) A resolution that is not adopted as an emergency 104361
measure may direct the board of elections to submit the question 104362
of levying the tax or increasing the rate of tax to the electors 104363
of the county at a special election held on the date specified by 104364
the board of county commissioners in the resolution, provided that 104365
the election occurs not less than ninety days after a certified 104366
copy of such resolution is transmitted to the board of elections 104367
and the election is not held in February or August of any year. 104368
Upon transmission of the resolution to the board of elections, the 104369
board of county commissioners shall notify the tax commissioner in 104370
writing of the levy question to be submitted to the electors. No 104371
resolution adopted under this division shall go into effect unless 104372
approved by a majority of those voting upon it, and, except as 104373
provided in division (B)(3) of this section, shall become 104374
effective on the first day of a calendar quarter following the 104375
expiration of sixty-five days from the date the tax commissioner 104376
receives notice from the board of elections of the affirmative 104377
vote.104378

       (2) A resolution that is adopted as an emergency measure 104379
shall go into effect as provided in division (A) of this section, 104380
but may direct the board of elections to submit the question of 104381
repealing the tax or increase in the rate of the tax to the 104382
electors of the county at the next general election in the county 104383
occurring not less than ninety days after a certified copy of the 104384
resolution is transmitted to the board of elections. Upon 104385
transmission of the resolution to the board of elections, the 104386
board of county commissioners shall notify the tax commissioner in 104387
writing of the levy question to be submitted to the electors. The 104388
ballot question shall be the same as that prescribed in section 104389
5739.022 of the Revised Code. The board of elections shall notify 104390
the board of county commissioners and the tax commissioner of the 104391
result of the election immediately after the result has been 104392
declared. If a majority of the qualified electors voting on the 104393
question of repealing the tax or increase in the rate of the tax 104394
vote for repeal of the tax or repeal of the increase, the board of 104395
county commissioners, on the first day of a calendar quarter 104396
following the expiration of sixty-five days after the date the 104397
board and tax commissioner receive notice of the result of the 104398
election, shall, in the case of a repeal of the tax, cease to levy 104399
the tax, or, in the case of a repeal of an increase in the rate of 104400
the tax, cease to levy the increased rate and levy the tax at the 104401
rate at which it was imposed immediately prior to the increase in 104402
rate.104403

       (3) If a vendor that is registered with the central 104404
electronic registration system provided for in section 5740.05 of 104405
the Revised Code makes a sale in this state by printed catalog and 104406
the consumer computed the tax on the sale based on local rates 104407
published in the catalog, any tax levied or repealed or rate 104408
changed under this section shall not apply to such a sale until 104409
the first day of a calendar quarter following the expiration of 104410
one hundred twenty days from the date of notice by the tax 104411
commissioner pursuant to division (H) of this section.104412

       (C) If a resolution is rejected at a referendum or if a 104413
resolution adopted after January 1, 1982, as an emergency measure 104414
is repealed by the electors pursuant to division (B)(2) of this 104415
section or section 5739.022 of the Revised Code, then for one year 104416
after the date of the election at which the resolution was 104417
rejected or repealed the board of county commissioners may not 104418
adopt any resolution authorized by this section as an emergency 104419
measure.104420

       (D) The board of county commissioners, at any time while a 104421
tax levied under this section is in effect, may by resolution 104422
reduce the rate at which the tax is levied to a lower rate 104423
authorized by this section. Any reduction in the rate at which the 104424
tax is levied shall be made effective on the first day of a 104425
calendar quarter next following the sixty-fifth day after a 104426
certified copy of the resolution is delivered to the tax 104427
commissioner.104428

       (E) The tax on every retail sale subject to a tax levied 104429
pursuant to this section shall be in addition to the tax levied by 104430
section 5739.02 of the Revised Code and any tax levied pursuant to 104431
section 5739.023 or 5739.026 of the Revised Code.104432

       A county that levies a tax pursuant to this section shall 104433
levy a tax at the same rate pursuant to section 5741.021 of the 104434
Revised Code.104435

       The additional tax levied by the county shall be collected 104436
pursuant to section 5739.025 of the Revised Code. If the 104437
additional tax or some portion thereof is levied for the purpose 104438
of criminal and administrative justice services, the revenue from 104439
the tax, or the amount or rate apportioned to that purpose, shall 104440
be credited to a special fund created in the county treasury for 104441
receipt of that revenue.104442

       Any tax levied pursuant to this section is subject to the 104443
exemptions provided in section 5739.02 of the Revised Code and in 104444
addition shall not be applicable to sales not within the taxing 104445
power of a county under the Constitution of the United States or 104446
the Ohio Constitution.104447

       (F) For purposes of this section, a copy of a resolution is 104448
"certified" when it contains a written statement attesting that 104449
the copy is a true and exact reproduction of the original 104450
resolution.104451

       (G) If a board of commissioners intends to adopt a resolution 104452
to levy a tax in whole or in part for the purpose of criminal and 104453
administrative justice services, the board shall prepare and make 104454
available at the first public hearing at which the resolution is 104455
considered a statement containing the following information:104456

       (1) For each of the two preceding fiscal years, the amount of 104457
expenditures made by the county from the county general fund for 104458
the purpose of criminal and administrative justice services;104459

       (2) For the fiscal year in which the resolution is adopted, 104460
the board's estimate of the amount of expenditures to be made by 104461
the county from the county general fund for the purpose of 104462
criminal and administrative justice services;104463

       (3) For each of the two fiscal years after the fiscal year in 104464
which the resolution is adopted, the board's preliminary plan for 104465
expenditures to be made from the county general fund for the 104466
purpose of criminal and administrative justice services, both 104467
under the assumption that the tax will be imposed for that purpose 104468
and under the assumption that the tax would not be imposed for 104469
that purpose, and for expenditures to be made from the special 104470
fund created under division (E) of this section under the 104471
assumption that the tax will be imposed for that purpose.104472

       The board shall prepare the statement and the preliminary 104473
plan using the best information available to the board at the time 104474
the statement is prepared. Neither the statement nor the 104475
preliminary plan shall be used as a basis to challenge the 104476
validity of the tax in any court of competent jurisdiction, nor 104477
shall the statement or preliminary plan limit the authority of the 104478
board to appropriate, pursuant to section 5705.38 of the Revised 104479
Code, an amount different from that specified in the preliminary 104480
plan.104481

       (H) Upon receipt from a board of county commissioners of a 104482
certified copy of a resolution required by division (A) or (D) of 104483
this section, or from the board of elections of a notice of the 104484
results of an election required by division (A) or (B)(1) or (2) 104485
of this section, the tax commissioner shall provide notice of a 104486
tax rate change in a manner that is reasonably accessible to all 104487
affected vendors. The commissioner shall provide this notice at 104488
least sixty days prior to the effective date of the rate change. 104489
The commissioner, by rule, may establish the method by which 104490
notice will be provided.104491

       (I) As used in this section, "criminal and administrative 104492
justice services" means the exercise by the county sheriff of all 104493
powers and duties vested in that office by law; the exercise by 104494
the county prosecuting attorney of all powers and duties vested in 104495
that office by law; the exercise by any court in the county of all 104496
powers and duties vested in that court; the exercise by the clerk 104497
of the court of common pleas, any clerk of a municipal court 104498
having jurisdiction throughout the county, or the clerk of any 104499
county court of all powers and duties vested in the clerk by law 104500
except, in the case of the clerk of the court of common pleas, the 104501
titling of motor vehicles or watercraft pursuant to Chapter 1548. 104502
or 4505. of the Revised Code; the exercise by the county coroner 104503
of all powers and duties vested in that office by law; making 104504
payments to any other public agency or a private, nonprofit 104505
agency, the purposes of which in the county include the diversion, 104506
adjudication, detention, or rehabilitation of criminals or 104507
juvenile offenders; the operation and maintenance of any detention 104508
facility, as defined in section 2921.01 of the Revised Code; and 104509
the construction, acquisition, equipping, or repair of such a 104510
detention facility, including the payment of any debt charges 104511
incurred in the issuance of securities pursuant to Chapter 133. of 104512
the Revised Code for the purpose of constructing, acquiring, 104513
equipping, or repairing such a facility.104514

       Sec. 5739.022.  (A) The question of repeal of either a county 104515
permissive tax or an increase in the rate of a county permissive 104516
tax that was adopted as an emergency measure pursuant to section 104517
5739.021 or 5739.026 of the Revised Code may be initiated by 104518
filing with the board of elections of the county not less than 104519
ninety days before the general election in any year a petition 104520
requesting that an election be held on the question. The question 104521
of repealing an increase in the rate of the county permissive tax 104522
shall be submitted to the electors as a separate question from the 104523
repeal of the tax in effect prior to the increase in the rate. Any 104524
petition filed under this section shall be signed by qualified 104525
electors residing in the county equal in number to ten per cent of 104526
those voting for governor at the most recent gubernatorial 104527
election.104528

       After determination by it that the petition is valid, the 104529
board of elections shall submit the question to the electors of 104530
the county at the next general election. The election shall be 104531
conducted, canvassed, and certified in the same manner as regular 104532
elections for county offices in the county. The board of elections 104533
shall notify the tax commissioner, in writing, of the election 104534
upon determining that the petition is valid. Notice of the 104535
election shall also be published in a newspaper of general 104536
circulation in the district once a week for two consecutive weeks, 104537
or as provided in section 7.16 of the Revised Code, prior to the 104538
election, and, if. If the board of elections operates and 104539
maintains a web site, the board of elections shall post notice of 104540
the election on its web site for thirty days prior to the 104541
election. The notice shall state the purpose, time, and place of 104542
the election. The form of the ballot cast at the election shall be 104543
prescribed by the secretary of state; however, the ballot question 104544
shall read, "shall the tax (or, increase in the rate of the tax) 104545
be retained?104546

        104547

 Yes 104548
 No  " 104549

        104550

The question covered by the petition shall be submitted as a 104551
separate proposition, but it may be printed on the same ballot 104552
with any other proposition submitted at the same election other 104553
than the election of officers.104554

       (B) If a majority of the qualified electors voting on the 104555
question of repeal of either a county permissive tax or an 104556
increase in the rate of a county permissive tax approve the 104557
repeal, the board of elections shall notify the board of county 104558
commissioners and the tax commissioner of the result of the 104559
election immediately after the result has been declared. The board 104560
of county commissioners shall, on the first day of the calendar 104561
quarter following the expiration of sixty-five days after the date 104562
the board and the tax commissioner receive the notice, in the case 104563
of a repeal of a county permissive tax, cease to levy the tax, or, 104564
in the case of a repeal of an increase in the rate of a county 104565
permissive tax, levy the tax at the rate at which it was imposed 104566
immediately prior to the increase in rate and cease to levy the 104567
increased rate.104568

       (C) Upon receipt from a board of elections of a notice of the 104569
results of an election required by division (B) of this section, 104570
the tax commissioner shall provide notice of a tax repeal or rate 104571
change in a manner that is reasonably accessible to all affected 104572
vendors. The commissioner shall provide this notice at least sixty 104573
days prior to the effective date of the rate change. The 104574
commissioner, by rule, may establish the method by which notice 104575
will be provided.104576

       (D) If a vendor that is registered with the central 104577
electronic registration system provided for in section 5740.05 of 104578
the Revised Code makes a sale in this state by printed catalog and 104579
the consumer computed the tax on the sale based on local rates 104580
published in the catalog, any tax repealed or rate changed under 104581
this section shall not apply to such a sale until the first day of 104582
a calendar quarter following the expiration of one hundred twenty 104583
days from the date of notice by the tax commissioner pursuant to 104584
division (C) of this section.104585

       Sec. 5739.026.  (A) A board of county commissioners may levy 104586
a tax of one-fourth or one-half of one per cent on every retail 104587
sale in the county, except sales of watercraft and outboard motors 104588
required to be titled pursuant to Chapter 1548. of the Revised 104589
Code and sales of motor vehicles, and may increase an existing 104590
rate of one-fourth of one per cent to one-half of one per cent, to 104591
pay the expenses of administering the tax and, except as provided 104592
in division (A)(6) of this section, for any one or more of the 104593
following purposes provided that the aggregate levy for all such 104594
purposes does not exceed one-half of one per cent:104595

       (1) To provide additional revenues for the payment of bonds 104596
or notes issued in anticipation of bonds issued by a convention 104597
facilities authority established by the board of county 104598
commissioners under Chapter 351. of the Revised Code and to 104599
provide additional operating revenues for the convention 104600
facilities authority;104601

       (2) To provide additional revenues for a transit authority 104602
operating in the county;104603

       (3) To provide additional revenue for the county's general 104604
fund;104605

       (4) To provide additional revenue for permanent improvements 104606
within the county to be distributed by the community improvements 104607
board in accordance with section 307.283 and to pay principal, 104608
interest, and premium on bonds issued under section 307.284 of the 104609
Revised Code;104610

       (5) To provide additional revenue for the acquisition, 104611
construction, equipping, or repair of any specific permanent 104612
improvement or any class or group of permanent improvements, which 104613
improvement or class or group of improvements shall be enumerated 104614
in the resolution required by division (D) of this section, and to 104615
pay principal, interest, premium, and other costs associated with 104616
the issuance of bonds or notes in anticipation of bonds issued 104617
pursuant to Chapter 133. of the Revised Code for the acquisition, 104618
construction, equipping, or repair of the specific permanent 104619
improvement or class or group of permanent improvements;104620

       (6) To provide revenue for the implementation and operation 104621
of a 9-1-1 system in the county. If the tax is levied or the rate 104622
increased exclusively for such purpose, the tax shall not be 104623
levied or the rate increased for more than five years. At the end 104624
of the last year the tax is levied or the rate increased, any 104625
balance remaining in the special fund established for such purpose 104626
shall remain in that fund and be used exclusively for such purpose 104627
until the fund is completely expended, and, notwithstanding 104628
section 5705.16 of the Revised Code, the board of county 104629
commissioners shall not petition for the transfer of money from 104630
such special fund, and the tax commissioner shall not approve such 104631
a petition.104632

       If the tax is levied or the rate increased for such purpose 104633
for more than five years, the board of county commissioners also 104634
shall levy the tax or increase the rate of the tax for one or more 104635
of the purposes described in divisions (A)(1) to (5) of this 104636
section and shall prescribe the method for allocating the revenues 104637
from the tax each year in the manner required by division (C) of 104638
this section.104639

       (7) To provide additional revenue for the operation or 104640
maintenance of a detention facility, as that term is defined under 104641
division (F) of section 2921.01 of the Revised Code;104642

       (8) To provide revenue to finance the construction or 104643
renovation of a sports facility, but only if the tax is levied for 104644
that purpose in the manner prescribed by section 5739.028 of the 104645
Revised Code.104646

       As used in division (A)(8) of this section:104647

       (a) "Sports facility" means a facility intended to house 104648
major league professional athletic teams.104649

       (b) "Constructing" or "construction" includes providing 104650
fixtures, furnishings, and equipment.104651

       (9) To provide additional revenue for the acquisition of 104652
agricultural easements, as defined in section 5301.67 of the 104653
Revised Code; to pay principal, interest, and premium on bonds 104654
issued under section 133.60 of the Revised Code; and for the 104655
supervision and enforcement of agricultural easements held by the 104656
county;104657

       (10) To provide revenue for the provision of ambulance, 104658
paramedic, or other emergency medical services.104659

       Pursuant to section 755.171 of the Revised Code, a board of 104660
county commissioners may pledge and contribute revenue from a tax 104661
levied for the purpose of division (A)(5) of this section to the 104662
payment of debt charges on bonds issued under section 755.17 of 104663
the Revised Code.104664

       The rate of tax shall be a multiple of one-fourth of one per 104665
cent, unless a portion of the rate of an existing tax levied under 104666
section 5739.023 of the Revised Code has been reduced, and the 104667
rate of tax levied under this section has been increased, pursuant 104668
to section 5739.028 of the Revised Code, in which case the 104669
aggregate of the rates of tax levied under this section and 104670
section 5739.023 of the Revised Code shall be a multiple of 104671
one-fourth of one per cent. The tax shall be levied and the rate 104672
increased pursuant to a resolution adopted by a majority of the 104673
members of the board. The board shall deliver a certified copy of 104674
the resolution to the tax commissioner, not later than the 104675
sixty-fifth day prior to the date on which the tax is to become 104676
effective, which shall be the first day of a calendar quarter.104677

       Prior to the adoption of any resolution to levy the tax or to 104678
increase the rate of tax exclusively for the purpose set forth in 104679
division (A)(3) of this section, the board of county commissioners 104680
shall conduct two public hearings on the resolution, the second 104681
hearing to be no fewer than three nor more than ten days after the 104682
first. Notice of the date, time, and place of the hearings shall 104683
be given by publication in a newspaper of general circulation in 104684
the county, or as provided in section 7.16 of the Revised Code,104685
once a week on the same day of the week for two consecutive weeks, 104686
the. The second publication beingshall be no fewer than ten nor 104687
more than thirty days prior to the first hearing. Except as 104688
provided in division (E) of this section, the resolution shall be 104689
subject to a referendum as provided in sections 305.31 to 305.41 104690
of the Revised Code. If the resolution is adopted as an emergency 104691
measure necessary for the immediate preservation of the public 104692
peace, health, or safety, it must receive an affirmative vote of 104693
all of the members of the board of county commissioners and shall 104694
state the reasons for the necessity.104695

       If the tax is for more than one of the purposes set forth in 104696
divisions (A)(1) to (7), (9), and (10) of this section, or is 104697
exclusively for one of the purposes set forth in division (A)(1), 104698
(2), (4), (5), (6), (7), (9), or (10) of this section, the 104699
resolution shall not go into effect unless it is approved by a 104700
majority of the electors voting on the question of the tax.104701

       (B) The board of county commissioners shall adopt a 104702
resolution under section 351.02 of the Revised Code creating the 104703
convention facilities authority, or under section 307.283 of the 104704
Revised Code creating the community improvements board, before 104705
adopting a resolution levying a tax for the purpose of a 104706
convention facilities authority under division (A)(1) of this 104707
section or for the purpose of a community improvements board under 104708
division (A)(4) of this section.104709

       (C)(1) If the tax is to be used for more than one of the 104710
purposes set forth in divisions (A)(1) to (7), (9), and (10) of 104711
this section, the board of county commissioners shall establish 104712
the method that will be used to determine the amount or proportion 104713
of the tax revenue received by the county during each year that 104714
will be distributed for each of those purposes, including, if 104715
applicable, provisions governing the reallocation of a convention 104716
facilities authority's allocation if the authority is dissolved 104717
while the tax is in effect. The allocation method may provide that 104718
different proportions or amounts of the tax shall be distributed 104719
among the purposes in different years, but it shall clearly 104720
describe the method that will be used for each year. Except as 104721
otherwise provided in division (C)(2) of this section, the 104722
allocation method established by the board is not subject to 104723
amendment during the life of the tax.104724

       (2) Subsequent to holding a public hearing on the proposed 104725
amendment, the board of county commissioners may amend the 104726
allocation method established under division (C)(1) of this 104727
section for any year, if the amendment is approved by the 104728
governing board of each entity whose allocation for the year would 104729
be reduced by the proposed amendment. In the case of a tax that is 104730
levied for a continuing period of time, the board may not so amend 104731
the allocation method for any year before the sixth year that the 104732
tax is in effect.104733

       (a) If the additional revenues provided to the convention 104734
facilities authority are pledged by the authority for the payment 104735
of convention facilities authority revenue bonds for as long as 104736
such bonds are outstanding, no reduction of the authority's 104737
allocation of the tax shall be made for any year except to the 104738
extent that the reduced authority allocation, when combined with 104739
the authority's other revenues pledged for that purpose, is 104740
sufficient to meet the debt service requirements for that year on 104741
such bonds.104742

       (b) If the additional revenues provided to the county are 104743
pledged by the county for the payment of bonds or notes described 104744
in division (A)(4) or (5) of this section, for as long as such 104745
bonds or notes are outstanding, no reduction of the county's or 104746
the community improvements board's allocation of the tax shall be 104747
made for any year, except to the extent that the reduced county or 104748
community improvements board allocation is sufficient to meet the 104749
debt service requirements for that year on such bonds or notes.104750

       (c) If the additional revenues provided to the transit 104751
authority are pledged by the authority for the payment of revenue 104752
bonds issued under section 306.37 of the Revised Code, for as long 104753
as such bonds are outstanding, no reduction of the authority's 104754
allocation of tax shall be made for any year, except to the extent 104755
that the authority's reduced allocation, when combined with the 104756
authority's other revenues pledged for that purpose, is sufficient 104757
to meet the debt service requirements for that year on such bonds.104758

       (d) If the additional revenues provided to the county are 104759
pledged by the county for the payment of bonds or notes issued 104760
under section 133.60 of the Revised Code, for so long as the bonds 104761
or notes are outstanding, no reduction of the county's allocation 104762
of the tax shall be made for any year, except to the extent that 104763
the reduced county allocation is sufficient to meet the debt 104764
service requirements for that year on the bonds or notes.104765

       (D)(1) The resolution levying the tax or increasing the rate 104766
of tax shall state the rate of the tax or the rate of the 104767
increase; the purpose or purposes for which it is to be levied; 104768
the number of years for which it is to be levied or that it is for 104769
a continuing period of time; the allocation method required by 104770
division (C) of this section; and if required to be submitted to 104771
the electors of the county under division (A) of this section, the 104772
date of the election at which the proposal shall be submitted to 104773
the electors of the county, which shall be not less than ninety 104774
days after the certification of a copy of the resolution to the 104775
board of elections and, if the tax is to be levied exclusively for 104776
the purpose set forth in division (A)(3) of this section, shall 104777
not occur in February or August of any year. Upon certification of 104778
the resolution to the board of elections, the board of county 104779
commissioners shall notify the tax commissioner in writing of the 104780
levy question to be submitted to the electors. If approved by a 104781
majority of the electors, the tax shall become effective on the 104782
first day of a calendar quarter next following the sixty-fifth day 104783
following the date the board of county commissioners and tax 104784
commissioner receive from the board of elections the certification 104785
of the results of the election, except as provided in division (E) 104786
of this section.104787

       (2)(a) A resolution specifying that the tax is to be used 104788
exclusively for the purpose set forth in division (A)(3) of this 104789
section that is not adopted as an emergency measure may direct the 104790
board of elections to submit the question of levying the tax or 104791
increasing the rate of the tax to the electors of the county at a 104792
special election held on the date specified by the board of county 104793
commissioners in the resolution, provided that the election occurs 104794
not less than ninety days after the resolution is certified to the 104795
board of elections and the election is not held in February or 104796
August of any year. Upon certification of the resolution to the 104797
board of elections, the board of county commissioners shall notify 104798
the tax commissioner in writing of the levy question to be 104799
submitted to the electors. No resolution adopted under division 104800
(D)(2)(a) of this section shall go into effect unless approved by 104801
a majority of those voting upon it and, except as provided in 104802
division (E) of this section, not until the first day of a 104803
calendar quarter following the expiration of sixty-five days from 104804
the date the tax commissioner receives notice from the board of 104805
elections of the affirmative vote.104806

       (b) A resolution specifying that the tax is to be used 104807
exclusively for the purpose set forth in division (A)(3) of this 104808
section that is adopted as an emergency measure shall become 104809
effective as provided in division (A) of this section, but may 104810
direct the board of elections to submit the question of repealing 104811
the tax or increase in the rate of the tax to the electors of the 104812
county at the next general election in the county occurring not 104813
less than ninety days after the resolution is certified to the 104814
board of elections. Upon certification of the resolution to the 104815
board of elections, the board of county commissioners shall notify 104816
the tax commissioner in writing of the levy question to be 104817
submitted to the electors. The ballot question shall be the same 104818
as that prescribed in section 5739.022 of the Revised Code. The 104819
board of elections shall notify the board of county commissioners 104820
and the tax commissioner of the result of the election immediately 104821
after the result has been declared. If a majority of the qualified 104822
electors voting on the question of repealing the tax or increase 104823
in the rate of the tax vote for repeal of the tax or repeal of the 104824
increase, the board of county commissioners, on the first day of a 104825
calendar quarter following the expiration of sixty-five days after 104826
the date the board and tax commissioner received notice of the 104827
result of the election, shall, in the case of a repeal of the tax, 104828
cease to levy the tax, or, in the case of a repeal of an increase 104829
in the rate of the tax, cease to levy the increased rate and levy 104830
the tax at the rate at which it was imposed immediately prior to 104831
the increase in rate.104832

       (c) A board of county commissioners, by resolution, may 104833
reduce the rate of a tax levied exclusively for the purpose set 104834
forth in division (A)(3) of this section to a lower rate 104835
authorized by this section. Any such reduction shall be made 104836
effective on the first day of the calendar quarter next following 104837
the sixty-fifth day after the tax commissioner receives a 104838
certified copy of the resolution from the board.104839

       (E) If a vendor that is registered with the central 104840
electronic registration system provided for in section 5740.05 of 104841
the Revised Code makes a sale in this state by printed catalog and 104842
the consumer computed the tax on the sale based on local rates 104843
published in the catalog, any tax levied or repealed or rate 104844
changed under this section shall not apply to such a sale until 104845
the first day of a calendar quarter following the expiration of 104846
one hundred twenty days from the date of notice by the tax 104847
commissioner pursuant to division (G) of this section.104848

       (F) The tax levied pursuant to this section shall be in 104849
addition to the tax levied by section 5739.02 of the Revised Code 104850
and any tax levied pursuant to section 5739.021 or 5739.023 of the 104851
Revised Code.104852

       A county that levies a tax pursuant to this section shall 104853
levy a tax at the same rate pursuant to section 5741.023 of the 104854
Revised Code.104855

       The additional tax levied by the county shall be collected 104856
pursuant to section 5739.025 of the Revised Code.104857

       Any tax levied pursuant to this section is subject to the 104858
exemptions provided in section 5739.02 of the Revised Code and in 104859
addition shall not be applicable to sales not within the taxing 104860
power of a county under the Constitution of the United States or 104861
the Ohio Constitution.104862

       (G) Upon receipt from a board of county commissioners of a 104863
certified copy of a resolution required by division (A) of this 104864
section, or from the board of elections a notice of the results of 104865
an election required by division (D)(1), (2)(a), (b), or (c) of 104866
this section, the tax commissioner shall provide notice of a tax 104867
rate change in a manner that is reasonably accessible to all 104868
affected vendors. The commissioner shall provide this notice at 104869
least sixty days prior to the effective date of the rate change. 104870
The commissioner, by rule, may establish the method by which 104871
notice will be provided.104872

       Sec. 5739.101.  (A) The legislative authority of a municipal 104873
corporation, by ordinance, or of a township, by resolution, may 104874
declare the municipal corporation or township to be a resort area 104875
for the purposes of this section, if all of the following criteria 104876
are met:104877

       (1) According to statistics published by the federal 104878
government based on data compiled during the most recent decennial 104879
census of the United States, at least sixty-two per cent of total 104880
housing units in the municipal corporation or township are 104881
classified as "for seasonal, recreational, or occasional use";104882

       (2) Entertainment and recreation facilities are provided 104883
within the municipal corporation or township that are primarily 104884
intended to provide seasonal leisure time activities for persons 104885
other than permanent residents of the municipal corporation or 104886
township;104887

       (3) The municipal corporation or township experiences 104888
seasonal peaks of employment and demand for government services as 104889
a direct result of the seasonal population increase.104890

       (B) For the purpose of providing revenue for its general 104891
fund, the legislative authority of a municipal corporation or 104892
township, in its ordinance or resolution declaring itself a resort 104893
area under this section, may levy a tax on the privilege of 104894
engaging in the business of either of the following:104895

       (1) Making sales in the municipal corporation or township, 104896
whether wholesale or retail, but including sales of food only to 104897
the extent such sales are subject to the tax levied under section 104898
5739.02 of the Revised Code;104899

       (2) Intrastate transportation of passengers or property 104900
primarily to or from the municipal corporation or township by a 104901
railroad, watercraft, or motor vehicle subject to regulation by 104902
the public utilities commission, except not including 104903
transportation of passengers as part of a tour or cruise in which 104904
the passengers will stay in the municipal corporation or township 104905
for no more than one hour.104906

       The tax is imposed upon and shall be paid by the person 104907
making the sales or transporting the passengers or property. The 104908
rate of the tax shall be one-half, one, or one and one-half per 104909
cent of the person's gross receipts derived from making the sales 104910
or transporting the passengers or property to or from the 104911
municipal corporation or township.104912

       (C) The tax shall take effect on the first day of the month 104913
that begins at least sixty days after the effective date of the 104914
ordinance or resolution in which it is levied. The legislative 104915
authority shall certify copies of the ordinance or resolution to 104916
the tax commissioner and treasurer of state within five days after 104917
its adoption. In addition, one time each week during the two weeks 104918
following the adoption of the ordinance or resolution, the 104919
legislative authority shall cause to be published in a newspaper 104920
of general circulation in the municipal corporation or township or 104921
as provided in section 7.16 of the Revised Code, a notice 104922
explaining the tax and stating the rate of the tax, the date it 104923
will take effect, and that persons subject to the tax must 104924
register with the tax commissioner under section 5739.103 of the 104925
Revised Code.104926

       (D) No more than once a year, and subject to the rates 104927
prescribed in division (B) of this section, the legislative 104928
authority of the municipal corporation or township, by ordinance 104929
or resolution, may increase or decrease the rate of a tax levied 104930
under this section. The legislative authority, by ordinance or 104931
resolution, at any time may repeal such a tax. The legislative 104932
authority shall certify to the tax commissioner and treasurer of 104933
state copies of the ordinance or resolution repealing or changing 104934
the rate of the tax within five days after its adoption. In 104935
addition, one time each week during the two weeks following the 104936
adoption of the ordinance or resolution, the legislative authority 104937
shall cause to be published in a newspaper of general circulation 104938
in the municipal corporation or township or as provided in section 104939
7.16 of the Revised Code, notice of the repeal or change.104940

       Sec. 5747.01.  Except as otherwise expressly provided or 104941
clearly appearing from the context, any term used in this chapter 104942
that is not otherwise defined in this section has the same meaning 104943
as when used in a comparable context in the laws of the United 104944
States relating to federal income taxes or if not used in a 104945
comparable context in those laws, has the same meaning as in 104946
section 5733.40 of the Revised Code. Any reference in this chapter 104947
to the Internal Revenue Code includes other laws of the United 104948
States relating to federal income taxes.104949

       As used in this chapter:104950

       (A) "Adjusted gross income" or "Ohio adjusted gross income" 104951
means federal adjusted gross income, as defined and used in the 104952
Internal Revenue Code, adjusted as provided in this section:104953

       (1) Add interest or dividends on obligations or securities of 104954
any state or of any political subdivision or authority of any 104955
state, other than this state and its subdivisions and authorities.104956

       (2) Add interest or dividends on obligations of any 104957
authority, commission, instrumentality, territory, or possession 104958
of the United States to the extent that the interest or dividends 104959
are exempt from federal income taxes but not from state income 104960
taxes.104961

       (3) Deduct interest or dividends on obligations of the United 104962
States and its territories and possessions or of any authority, 104963
commission, or instrumentality of the United States to the extent 104964
that the interest or dividends are included in federal adjusted 104965
gross income but exempt from state income taxes under the laws of 104966
the United States.104967

       (4) Deduct disability and survivor's benefits to the extent 104968
included in federal adjusted gross income.104969

       (5) Deduct benefits under Title II of the Social Security Act 104970
and tier 1 railroad retirement benefits to the extent included in 104971
federal adjusted gross income under section 86 of the Internal 104972
Revenue Code.104973

       (6) In the case of a taxpayer who is a beneficiary of a trust 104974
that makes an accumulation distribution as defined in section 665 104975
of the Internal Revenue Code, add, for the beneficiary's taxable 104976
years beginning before 2002, the portion, if any, of such 104977
distribution that does not exceed the undistributed net income of 104978
the trust for the three taxable years preceding the taxable year 104979
in which the distribution is made to the extent that the portion 104980
was not included in the trust's taxable income for any of the 104981
trust's taxable years beginning in 2002 or thereafter. 104982
"Undistributed net income of a trust" means the taxable income of 104983
the trust increased by (a)(i) the additions to adjusted gross 104984
income required under division (A) of this section and (ii) the 104985
personal exemptions allowed to the trust pursuant to section 104986
642(b) of the Internal Revenue Code, and decreased by (b)(i) the 104987
deductions to adjusted gross income required under division (A) of 104988
this section, (ii) the amount of federal income taxes attributable 104989
to such income, and (iii) the amount of taxable income that has 104990
been included in the adjusted gross income of a beneficiary by 104991
reason of a prior accumulation distribution. Any undistributed net 104992
income included in the adjusted gross income of a beneficiary 104993
shall reduce the undistributed net income of the trust commencing 104994
with the earliest years of the accumulation period.104995

       (7) Deduct the amount of wages and salaries, if any, not 104996
otherwise allowable as a deduction but that would have been 104997
allowable as a deduction in computing federal adjusted gross 104998
income for the taxable year, had the targeted jobs credit allowed 104999
and determined under sections 38, 51, and 52 of the Internal 105000
Revenue Code not been in effect.105001

       (8) Deduct any interest or interest equivalent on public 105002
obligations and purchase obligations to the extent that the 105003
interest or interest equivalent is included in federal adjusted 105004
gross income.105005

       (9) Add any loss or deduct any gain resulting from the sale, 105006
exchange, or other disposition of public obligations to the extent 105007
that the loss has been deducted or the gain has been included in 105008
computing federal adjusted gross income.105009

       (10) Deduct or add amounts, as provided under section 5747.70 105010
of the Revised Code, related to contributions to variable college 105011
savings program accounts made or tuition units purchased pursuant 105012
to Chapter 3334. of the Revised Code.105013

       (11)(a) Deduct, to the extent not otherwise allowable as a 105014
deduction or exclusion in computing federal or Ohio adjusted gross 105015
income for the taxable year, the amount the taxpayer paid during 105016
the taxable year for medical care insurance and qualified 105017
long-term care insurance for the taxpayer, the taxpayer's spouse, 105018
and dependents. No deduction for medical care insurance under 105019
division (A)(11) of this section shall be allowed either to any 105020
taxpayer who is eligible to participate in any subsidized health 105021
plan maintained by any employer of the taxpayer or of the 105022
taxpayer's spouse, or to any taxpayer who is entitled to, or on 105023
application would be entitled to, benefits under part A of Title 105024
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 105025
301, as amended. For the purposes of division (A)(11)(a) of this 105026
section, "subsidized health plan" means a health plan for which 105027
the employer pays any portion of the plan's cost. The deduction 105028
allowed under division (A)(11)(a) of this section shall be the net 105029
of any related premium refunds, related premium reimbursements, or 105030
related insurance premium dividends received during the taxable 105031
year.105032

       (b) Deduct, to the extent not otherwise deducted or excluded 105033
in computing federal or Ohio adjusted gross income during the 105034
taxable year, the amount the taxpayer paid during the taxable 105035
year, not compensated for by any insurance or otherwise, for 105036
medical care of the taxpayer, the taxpayer's spouse, and 105037
dependents, to the extent the expenses exceed seven and one-half 105038
per cent of the taxpayer's federal adjusted gross income.105039

       (c) Deduct, to the extent not otherwise deducted or excluded 105040
in computing federal or Ohio adjusted gross income, any amount 105041
included in federal adjusted gross income under section 105 or not 105042
excluded under section 106 of the Internal Revenue Code solely 105043
because it relates to an accident and health plan for a person who 105044
otherwise would be a "qualifying relative" and thus a "dependent" 105045
under section 152 of the Internal Revenue Code but for the fact 105046
that the person fails to meet the income and support limitations 105047
under section 152(d)(1)(B) and (C) of the Internal Revenue Code. 105048

       (d) For purposes of division (A)(11) of this section, 105049
"medical care" has the meaning given in section 213 of the 105050
Internal Revenue Code, subject to the special rules, limitations, 105051
and exclusions set forth therein, and "qualified long-term care" 105052
has the same meaning given in section 7702B(c) of the Internal 105053
Revenue Code. Solely for purposes of divisions (A)(11)(a) and (c) 105054
of this section, "dependent" includes a person who otherwise would 105055
be a "qualifying relative" and thus a "dependent" under section 105056
152 of the Internal Revenue Code but for the fact that the person 105057
fails to meet the income and support limitations under section 105058
152(d)(1)(B) and (C) of the Internal Revenue Code.105059

       (12)(a) Deduct any amount included in federal adjusted gross 105060
income solely because the amount represents a reimbursement or 105061
refund of expenses that in any year the taxpayer had deducted as 105062
an itemized deduction pursuant to section 63 of the Internal 105063
Revenue Code and applicable United States department of the 105064
treasury regulations. The deduction otherwise allowed under 105065
division (A)(12)(a) of this section shall be reduced to the extent 105066
the reimbursement is attributable to an amount the taxpayer 105067
deducted under this section in any taxable year.105068

       (b) Add any amount not otherwise included in Ohio adjusted 105069
gross income for any taxable year to the extent that the amount is 105070
attributable to the recovery during the taxable year of any amount 105071
deducted or excluded in computing federal or Ohio adjusted gross 105072
income in any taxable year.105073

       (13) Deduct any portion of the deduction described in section 105074
1341(a)(2) of the Internal Revenue Code, for repaying previously 105075
reported income received under a claim of right, that meets both 105076
of the following requirements:105077

       (a) It is allowable for repayment of an item that was 105078
included in the taxpayer's adjusted gross income for a prior 105079
taxable year and did not qualify for a credit under division (A) 105080
or (B) of section 5747.05 of the Revised Code for that year;105081

       (b) It does not otherwise reduce the taxpayer's adjusted 105082
gross income for the current or any other taxable year.105083

       (14) Deduct an amount equal to the deposits made to, and net 105084
investment earnings of, a medical savings account during the 105085
taxable year, in accordance with section 3924.66 of the Revised 105086
Code. The deduction allowed by division (A)(14) of this section 105087
does not apply to medical savings account deposits and earnings 105088
otherwise deducted or excluded for the current or any other 105089
taxable year from the taxpayer's federal adjusted gross income.105090

       (15)(a) Add an amount equal to the funds withdrawn from a 105091
medical savings account during the taxable year, and the net 105092
investment earnings on those funds, when the funds withdrawn were 105093
used for any purpose other than to reimburse an account holder 105094
for, or to pay, eligible medical expenses, in accordance with 105095
section 3924.66 of the Revised Code;105096

       (b) Add the amounts distributed from a medical savings 105097
account under division (A)(2) of section 3924.68 of the Revised 105098
Code during the taxable year.105099

       (16) Add any amount claimed as a credit under section 105100
5747.059 of the Revised Code to the extent that such amount 105101
satisfies either of the following:105102

       (a) The amount was deducted or excluded from the computation 105103
of the taxpayer's federal adjusted gross income as required to be 105104
reported for the taxpayer's taxable year under the Internal 105105
Revenue Code;105106

       (b) The amount resulted in a reduction of the taxpayer's 105107
federal adjusted gross income as required to be reported for any 105108
of the taxpayer's taxable years under the Internal Revenue Code.105109

       (17) Deduct the amount contributed by the taxpayer to an 105110
individual development account program established by a county 105111
department of job and family services pursuant to sections 329.11 105112
to 329.14 of the Revised Code for the purpose of matching funds 105113
deposited by program participants. On request of the tax 105114
commissioner, the taxpayer shall provide any information that, in 105115
the tax commissioner's opinion, is necessary to establish the 105116
amount deducted under division (A)(17) of this section.105117

       (18) Beginning in taxable year 2001 but not for any taxable 105118
year beginning after December 31, 2005, if the taxpayer is married 105119
and files a joint return and the combined federal adjusted gross 105120
income of the taxpayer and the taxpayer's spouse for the taxable 105121
year does not exceed one hundred thousand dollars, or if the 105122
taxpayer is single and has a federal adjusted gross income for the 105123
taxable year not exceeding fifty thousand dollars, deduct amounts 105124
paid during the taxable year for qualified tuition and fees paid 105125
to an eligible institution for the taxpayer, the taxpayer's 105126
spouse, or any dependent of the taxpayer, who is a resident of 105127
this state and is enrolled in or attending a program that 105128
culminates in a degree or diploma at an eligible institution. The 105129
deduction may be claimed only to the extent that qualified tuition 105130
and fees are not otherwise deducted or excluded for any taxable 105131
year from federal or Ohio adjusted gross income. The deduction may 105132
not be claimed for educational expenses for which the taxpayer 105133
claims a credit under section 5747.27 of the Revised Code.105134

       (19) Add any reimbursement received during the taxable year 105135
of any amount the taxpayer deducted under division (A)(18) of this 105136
section in any previous taxable year to the extent the amount is 105137
not otherwise included in Ohio adjusted gross income.105138

       (20)(a)(i) Add five-sixths of the amount of depreciation 105139
expense allowed by subsection (k) of section 168 of the Internal 105140
Revenue Code, including the taxpayer's proportionate or 105141
distributive share of the amount of depreciation expense allowed 105142
by that subsection to a pass-through entity in which the taxpayer 105143
has a direct or indirect ownership interest.105144

       (ii) Add five-sixths of the amount of qualifying section 179 105145
depreciation expense, including a person's proportionate or 105146
distributive share of the amount of qualifying section 179 105147
depreciation expense allowed to any pass-through entity in which 105148
the person has a direct or indirect ownership. For the purposes of 105149
this division, "qualifying section 179 depreciation expense" means 105150
the difference between (I) the amount of depreciation expense 105151
directly or indirectly allowed to the taxpayer under section 179 105152
of the Internal Revenue Code, and (II) the amount of depreciation 105153
expense directly or indirectly allowed to the taxpayer under 105154
section 179 of the Internal Revenue Code as that section existed 105155
on December 31, 2002.105156

       The tax commissioner, under procedures established by the 105157
commissioner, may waive the add-backs related to a pass-through 105158
entity if the taxpayer owns, directly or indirectly, less than 105159
five per cent of the pass-through entity.105160

       (b) Nothing in division (A)(20) of this section shall be 105161
construed to adjust or modify the adjusted basis of any asset.105162

       (c) To the extent the add-back required under division 105163
(A)(20)(a) of this section is attributable to property generating 105164
nonbusiness income or loss allocated under section 5747.20 of the 105165
Revised Code, the add-back shall be sitused to the same location 105166
as the nonbusiness income or loss generated by the property for 105167
the purpose of determining the credit under division (A) of 105168
section 5747.05 of the Revised Code. Otherwise, the add-back shall 105169
be apportioned, subject to one or more of the four alternative 105170
methods of apportionment enumerated in section 5747.21 of the 105171
Revised Code.105172

       (d) For the purposes of division (A) of this section, net 105173
operating loss carryback and carryforward shall not include 105174
five-sixths of the allowance of any net operating loss deduction 105175
carryback or carryforward to the taxable year to the extent such 105176
loss resulted from depreciation allowed by section 168(k) of the 105177
Internal Revenue Code and by the qualifying section 179 105178
depreciation expense amount.105179

       (21)(a) If the taxpayer was required to add an amount under 105180
division (A)(20)(a) of this section for a taxable year, deduct 105181
one-fifth of the amount so added for each of the five succeeding 105182
taxable years.105183

       (b) If the amount deducted under division (A)(21)(a) of this 105184
section is attributable to an add-back allocated under division 105185
(A)(20)(c) of this section, the amount deducted shall be sitused 105186
to the same location. Otherwise, the add-back shall be apportioned 105187
using the apportionment factors for the taxable year in which the 105188
deduction is taken, subject to one or more of the four alternative 105189
methods of apportionment enumerated in section 5747.21 of the 105190
Revised Code.105191

       (c) No deduction is available under division (A)(21)(a) of 105192
this section with regard to any depreciation allowed by section 105193
168(k) of the Internal Revenue Code and by the qualifying section 105194
179 depreciation expense amount to the extent that such 105195
depreciation resulted in or increased a federal net operating loss 105196
carryback or carryforward to a taxable year to which division 105197
(A)(20)(d) of this section does not apply.105198

       (22) Deduct, to the extent not otherwise deducted or excluded 105199
in computing federal or Ohio adjusted gross income for the taxable 105200
year, the amount the taxpayer received during the taxable year as 105201
reimbursement for life insurance premiums under section 5919.31 of 105202
the Revised Code.105203

        (23) Deduct, to the extent not otherwise deducted or excluded 105204
in computing federal or Ohio adjusted gross income for the taxable 105205
year, the amount the taxpayer received during the taxable year as 105206
a death benefit paid by the adjutant general under section 5919.33 105207
of the Revised Code.105208

       (24) Deduct, to the extent included in federal adjusted gross 105209
income and not otherwise allowable as a deduction or exclusion in 105210
computing federal or Ohio adjusted gross income for the taxable 105211
year, military pay and allowances received by the taxpayer during 105212
the taxable year for active duty service in the United States 105213
army, air force, navy, marine corps, or coast guard or reserve 105214
components thereof or the national guard. The deduction may not be 105215
claimed for military pay and allowances received by the taxpayer 105216
while the taxpayer is stationed in this state.105217

       (25) Deduct, to the extent not otherwise allowable as a 105218
deduction or exclusion in computing federal or Ohio adjusted gross 105219
income for the taxable year and not otherwise compensated for by 105220
any other source, the amount of qualified organ donation expenses 105221
incurred by the taxpayer during the taxable year, not to exceed 105222
ten thousand dollars. A taxpayer may deduct qualified organ 105223
donation expenses only once for all taxable years beginning with 105224
taxable years beginning in 2007.105225

       For the purposes of division (A)(25) of this section:105226

        (a) "Human organ" means all or any portion of a human liver, 105227
pancreas, kidney, intestine, or lung, and any portion of human 105228
bone marrow.105229

        (b) "Qualified organ donation expenses" means travel 105230
expenses, lodging expenses, and wages and salary forgone by a 105231
taxpayer in connection with the taxpayer's donation, while living, 105232
of one or more of the taxpayer's human organs to another human 105233
being.105234

       (26) Deduct, to the extent not otherwise deducted or excluded 105235
in computing federal or Ohio adjusted gross income for the taxable 105236
year, amounts received by the taxpayer as retired military 105237
personnel pay for service in the United States army, navy, air 105238
force, coast guard, or marine corps or reserve components thereof, 105239
or the national guard, or received by the surviving spouse or 105240
former spouse of such a taxpayer under the survivor benefit plan 105241
on account of such a taxpayer's death. If the taxpayer receives 105242
income on account of retirement paid under the federal civil 105243
service retirement system or federal employees retirement system, 105244
or under any successor retirement program enacted by the congress 105245
of the United States that is established and maintained for 105246
retired employees of the United States government, and such 105247
retirement income is based, in whole or in part, on credit for the 105248
taxpayer's military service, the deduction allowed under this 105249
division shall include only that portion of such retirement income 105250
that is attributable to the taxpayer's military service, to the 105251
extent that portion of such retirement income is otherwise 105252
included in federal adjusted gross income and is not otherwise 105253
deducted under this section. Any amount deducted under division 105254
(A)(26) of this section is not included in a taxpayer's adjusted 105255
gross income for the purposes of section 5747.055 of the Revised 105256
Code. No amount may be deducted under division (A)(26) of this 105257
section on the basis of which a credit was claimed under section 105258
5747.055 of the Revised Code.105259

       (27) Deduct, to the extent not otherwise deducted or excluded 105260
in computing federal or Ohio adjusted gross income for the taxable 105261
year, the amount the taxpayer received during the taxable year 105262
from the military injury relief fund created in section 5101.98 of 105263
the Revised Code.105264

       (28) Deduct, to the extent not otherwise deducted or excluded 105265
in computing federal or Ohio adjusted gross income for the taxable 105266
year, the amount the taxpayer received as a veterans bonus during 105267
the taxable year from the Ohio department of veterans services as 105268
authorized by Section 2r of Article VIII, Ohio Constitution.105269

       (29) Deduct, to the extent not otherwise deducted or excluded 105270
in computing federal or Ohio adjusted gross income for the taxable 105271
year, any loss from wagering transactions that is allowed as an 105272
itemized deduction under section 165 of the Internal Revenue Code 105273
and that the taxpayer deducted in computing federal taxable 105274
income.105275

       (30) Deduct, to the extent not otherwise deducted or excluded 105276
in computing federal or Ohio adjusted gross income for the taxable 105277
year, any income derived from providing public services under a 105278
contract through a project owned by the state, as described in 105279
section 126.604 of the Revised Code or derived from a contract 105280
entered into under section 9.06 of the Revised Code and described 105281
in division (J) of that section, or derived from a transfer 105282
agreement or from the enterprise transferred under that agreement 105283
under section 4313.02 of the Revised Code.105284

       (B) "Business income" means income, including gain or loss, 105285
arising from transactions, activities, and sources in the regular 105286
course of a trade or business and includes income, gain, or loss 105287
from real property, tangible property, and intangible property if 105288
the acquisition, rental, management, and disposition of the 105289
property constitute integral parts of the regular course of a 105290
trade or business operation. "Business income" includes income, 105291
including gain or loss, from a partial or complete liquidation of 105292
a business, including, but not limited to, gain or loss from the 105293
sale or other disposition of goodwill.105294

       (C) "Nonbusiness income" means all income other than business 105295
income and may include, but is not limited to, compensation, rents 105296
and royalties from real or tangible personal property, capital 105297
gains, interest, dividends and distributions, patent or copyright 105298
royalties, or lottery winnings, prizes, and awards.105299

       (D) "Compensation" means any form of remuneration paid to an 105300
employee for personal services.105301

       (E) "Fiduciary" means a guardian, trustee, executor, 105302
administrator, receiver, conservator, or any other person acting 105303
in any fiduciary capacity for any individual, trust, or estate.105304

       (F) "Fiscal year" means an accounting period of twelve months 105305
ending on the last day of any month other than December.105306

       (G) "Individual" means any natural person.105307

       (H) "Internal Revenue Code" means the "Internal Revenue Code 105308
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.105309

       (I) "Resident" means any of the following, provided that 105310
division (I)(3) of this section applies only to taxable years of a 105311
trust beginning in 2002 or thereafter:105312

       (1) An individual who is domiciled in this state, subject to 105313
section 5747.24 of the Revised Code;105314

       (2) The estate of a decedent who at the time of death was 105315
domiciled in this state. The domicile tests of section 5747.24 of 105316
the Revised Code are not controlling for purposes of division 105317
(I)(2) of this section.105318

       (3) A trust that, in whole or part, resides in this state. If 105319
only part of a trust resides in this state, the trust is a 105320
resident only with respect to that part.105321

       For the purposes of division (I)(3) of this section:105322

       (a) A trust resides in this state for the trust's current 105323
taxable year to the extent, as described in division (I)(3)(d) of 105324
this section, that the trust consists directly or indirectly, in 105325
whole or in part, of assets, net of any related liabilities, that 105326
were transferred, or caused to be transferred, directly or 105327
indirectly, to the trust by any of the following:105328

        (i) A person, a court, or a governmental entity or 105329
instrumentality on account of the death of a decedent, but only if 105330
the trust is described in division (I)(3)(e)(i) or (ii) of this 105331
section;105332

       (ii) A person who was domiciled in this state for the 105333
purposes of this chapter when the person directly or indirectly 105334
transferred assets to an irrevocable trust, but only if at least 105335
one of the trust's qualifying beneficiaries is domiciled in this 105336
state for the purposes of this chapter during all or some portion 105337
of the trust's current taxable year;105338

       (iii) A person who was domiciled in this state for the 105339
purposes of this chapter when the trust document or instrument or 105340
part of the trust document or instrument became irrevocable, but 105341
only if at least one of the trust's qualifying beneficiaries is a 105342
resident domiciled in this state for the purposes of this chapter 105343
during all or some portion of the trust's current taxable year. If 105344
a trust document or instrument became irrevocable upon the death 105345
of a person who at the time of death was domiciled in this state 105346
for purposes of this chapter, that person is a person described in 105347
division (I)(3)(a)(iii) of this section.105348

        (b) A trust is irrevocable to the extent that the transferor 105349
is not considered to be the owner of the net assets of the trust 105350
under sections 671 to 678 of the Internal Revenue Code.105351

       (c) With respect to a trust other than a charitable lead 105352
trust, "qualifying beneficiary" has the same meaning as "potential 105353
current beneficiary" as defined in section 1361(e)(2) of the 105354
Internal Revenue Code, and with respect to a charitable lead trust 105355
"qualifying beneficiary" is any current, future, or contingent 105356
beneficiary, but with respect to any trust "qualifying 105357
beneficiary" excludes a person or a governmental entity or 105358
instrumentality to any of which a contribution would qualify for 105359
the charitable deduction under section 170 of the Internal Revenue 105360
Code.105361

        (d) For the purposes of division (I)(3)(a) of this section, 105362
the extent to which a trust consists directly or indirectly, in 105363
whole or in part, of assets, net of any related liabilities, that 105364
were transferred directly or indirectly, in whole or part, to the 105365
trust by any of the sources enumerated in that division shall be 105366
ascertained by multiplying the fair market value of the trust's 105367
assets, net of related liabilities, by the qualifying ratio, which 105368
shall be computed as follows:105369

        (i) The first time the trust receives assets, the numerator 105370
of the qualifying ratio is the fair market value of those assets 105371
at that time, net of any related liabilities, from sources 105372
enumerated in division (I)(3)(a) of this section. The denominator 105373
of the qualifying ratio is the fair market value of all the 105374
trust's assets at that time, net of any related liabilities.105375

        (ii) Each subsequent time the trust receives assets, a 105376
revised qualifying ratio shall be computed. The numerator of the 105377
revised qualifying ratio is the sum of (1) the fair market value 105378
of the trust's assets immediately prior to the subsequent 105379
transfer, net of any related liabilities, multiplied by the 105380
qualifying ratio last computed without regard to the subsequent 105381
transfer, and (2) the fair market value of the subsequently 105382
transferred assets at the time transferred, net of any related 105383
liabilities, from sources enumerated in division (I)(3)(a) of this 105384
section. The denominator of the revised qualifying ratio is the 105385
fair market value of all the trust's assets immediately after the 105386
subsequent transfer, net of any related liabilities.105387

       (iii) Whether a transfer to the trust is by or from any of 105388
the sources enumerated in division (I)(3)(a) of this section shall 105389
be ascertained without regard to the domicile of the trust's 105390
beneficiaries.105391

        (e) For the purposes of division (I)(3)(a)(i) of this 105392
section:105393

        (i) A trust is described in division (I)(3)(e)(i) of this 105394
section if the trust is a testamentary trust and the testator of 105395
that testamentary trust was domiciled in this state at the time of 105396
the testator's death for purposes of the taxes levied under 105397
Chapter 5731. of the Revised Code.105398

        (ii) A trust is described in division (I)(3)(e)(ii) of this 105399
section if the transfer is a qualifying transfer described in any 105400
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an 105401
irrevocable inter vivos trust, and at least one of the trust's 105402
qualifying beneficiaries is domiciled in this state for purposes 105403
of this chapter during all or some portion of the trust's current 105404
taxable year.105405

        (f) For the purposes of division (I)(3)(e)(ii) of this 105406
section, a "qualifying transfer" is a transfer of assets, net of 105407
any related liabilities, directly or indirectly to a trust, if the 105408
transfer is described in any of the following:105409

        (i) The transfer is made to a trust, created by the decedent 105410
before the decedent's death and while the decedent was domiciled 105411
in this state for the purposes of this chapter, and, prior to the 105412
death of the decedent, the trust became irrevocable while the 105413
decedent was domiciled in this state for the purposes of this 105414
chapter.105415

        (ii) The transfer is made to a trust to which the decedent, 105416
prior to the decedent's death, had directly or indirectly 105417
transferred assets, net of any related liabilities, while the 105418
decedent was domiciled in this state for the purposes of this 105419
chapter, and prior to the death of the decedent the trust became 105420
irrevocable while the decedent was domiciled in this state for the 105421
purposes of this chapter.105422

        (iii) The transfer is made on account of a contractual 105423
relationship existing directly or indirectly between the 105424
transferor and either the decedent or the estate of the decedent 105425
at any time prior to the date of the decedent's death, and the 105426
decedent was domiciled in this state at the time of death for 105427
purposes of the taxes levied under Chapter 5731. of the Revised 105428
Code.105429

        (iv) The transfer is made to a trust on account of a 105430
contractual relationship existing directly or indirectly between 105431
the transferor and another person who at the time of the 105432
decedent's death was domiciled in this state for purposes of this 105433
chapter.105434

        (v) The transfer is made to a trust on account of the will of 105435
a testator who was domiciled in this state at the time of the 105436
testator's death for purposes of the taxes levied under Chapter 105437
5731. of the Revised Code.105438

        (vi) The transfer is made to a trust created by or caused to 105439
be created by a court, and the trust was directly or indirectly 105440
created in connection with or as a result of the death of an 105441
individual who, for purposes of the taxes levied under Chapter 105442
5731. of the Revised Code, was domiciled in this state at the time 105443
of the individual's death.105444

       (g) The tax commissioner may adopt rules to ascertain the 105445
part of a trust residing in this state.105446

       (J) "Nonresident" means an individual or estate that is not a 105447
resident. An individual who is a resident for only part of a 105448
taxable year is a nonresident for the remainder of that taxable 105449
year.105450

       (K) "Pass-through entity" has the same meaning as in section 105451
5733.04 of the Revised Code.105452

       (L) "Return" means the notifications and reports required to 105453
be filed pursuant to this chapter for the purpose of reporting the 105454
tax due and includes declarations of estimated tax when so 105455
required.105456

       (M) "Taxable year" means the calendar year or the taxpayer's 105457
fiscal year ending during the calendar year, or fractional part 105458
thereof, upon which the adjusted gross income is calculated 105459
pursuant to this chapter.105460

       (N) "Taxpayer" means any person subject to the tax imposed by 105461
section 5747.02 of the Revised Code or any pass-through entity 105462
that makes the election under division (D) of section 5747.08 of 105463
the Revised Code.105464

       (O) "Dependents" means dependents as defined in the Internal 105465
Revenue Code and as claimed in the taxpayer's federal income tax 105466
return for the taxable year or which the taxpayer would have been 105467
permitted to claim had the taxpayer filed a federal income tax 105468
return.105469

       (P) "Principal county of employment" means, in the case of a 105470
nonresident, the county within the state in which a taxpayer 105471
performs services for an employer or, if those services are 105472
performed in more than one county, the county in which the major 105473
portion of the services are performed.105474

       (Q) As used in sections 5747.50 to 5747.55 of the Revised 105475
Code:105476

       (1) "Subdivision" means any county, municipal corporation, 105477
park district, or township.105478

       (2) "Essential local government purposes" includes all 105479
functions that any subdivision is required by general law to 105480
exercise, including like functions that are exercised under a 105481
charter adopted pursuant to the Ohio Constitution.105482

       (R) "Overpayment" means any amount already paid that exceeds 105483
the figure determined to be the correct amount of the tax.105484

       (S) "Taxable income" or "Ohio taxable income" applies only to 105485
estates and trusts, and means federal taxable income, as defined 105486
and used in the Internal Revenue Code, adjusted as follows:105487

       (1) Add interest or dividends, net of ordinary, necessary, 105488
and reasonable expenses not deducted in computing federal taxable 105489
income, on obligations or securities of any state or of any 105490
political subdivision or authority of any state, other than this 105491
state and its subdivisions and authorities, but only to the extent 105492
that such net amount is not otherwise includible in Ohio taxable 105493
income and is described in either division (S)(1)(a) or (b) of 105494
this section:105495

        (a) The net amount is not attributable to the S portion of an 105496
electing small business trust and has not been distributed to 105497
beneficiaries for the taxable year;105498

        (b) The net amount is attributable to the S portion of an 105499
electing small business trust for the taxable year.105500

       (2) Add interest or dividends, net of ordinary, necessary, 105501
and reasonable expenses not deducted in computing federal taxable 105502
income, on obligations of any authority, commission, 105503
instrumentality, territory, or possession of the United States to 105504
the extent that the interest or dividends are exempt from federal 105505
income taxes but not from state income taxes, but only to the 105506
extent that such net amount is not otherwise includible in Ohio 105507
taxable income and is described in either division (S)(1)(a) or 105508
(b) of this section;105509

       (3) Add the amount of personal exemption allowed to the 105510
estate pursuant to section 642(b) of the Internal Revenue Code;105511

       (4) Deduct interest or dividends, net of related expenses 105512
deducted in computing federal taxable income, on obligations of 105513
the United States and its territories and possessions or of any 105514
authority, commission, or instrumentality of the United States to 105515
the extent that the interest or dividends are exempt from state 105516
taxes under the laws of the United States, but only to the extent 105517
that such amount is included in federal taxable income and is 105518
described in either division (S)(1)(a) or (b) of this section;105519

       (5) Deduct the amount of wages and salaries, if any, not 105520
otherwise allowable as a deduction but that would have been 105521
allowable as a deduction in computing federal taxable income for 105522
the taxable year, had the targeted jobs credit allowed under 105523
sections 38, 51, and 52 of the Internal Revenue Code not been in 105524
effect, but only to the extent such amount relates either to 105525
income included in federal taxable income for the taxable year or 105526
to income of the S portion of an electing small business trust for 105527
the taxable year;105528

       (6) Deduct any interest or interest equivalent, net of 105529
related expenses deducted in computing federal taxable income, on 105530
public obligations and purchase obligations, but only to the 105531
extent that such net amount relates either to income included in 105532
federal taxable income for the taxable year or to income of the S 105533
portion of an electing small business trust for the taxable year;105534

       (7) Add any loss or deduct any gain resulting from sale, 105535
exchange, or other disposition of public obligations to the extent 105536
that such loss has been deducted or such gain has been included in 105537
computing either federal taxable income or income of the S portion 105538
of an electing small business trust for the taxable year;105539

       (8) Except in the case of the final return of an estate, add 105540
any amount deducted by the taxpayer on both its Ohio estate tax 105541
return pursuant to section 5731.14 of the Revised Code, and on its 105542
federal income tax return in determining federal taxable income;105543

       (9)(a) Deduct any amount included in federal taxable income 105544
solely because the amount represents a reimbursement or refund of 105545
expenses that in a previous year the decedent had deducted as an 105546
itemized deduction pursuant to section 63 of the Internal Revenue 105547
Code and applicable treasury regulations. The deduction otherwise 105548
allowed under division (S)(9)(a) of this section shall be reduced 105549
to the extent the reimbursement is attributable to an amount the 105550
taxpayer or decedent deducted under this section in any taxable 105551
year.105552

       (b) Add any amount not otherwise included in Ohio taxable 105553
income for any taxable year to the extent that the amount is 105554
attributable to the recovery during the taxable year of any amount 105555
deducted or excluded in computing federal or Ohio taxable income 105556
in any taxable year, but only to the extent such amount has not 105557
been distributed to beneficiaries for the taxable year.105558

       (10) Deduct any portion of the deduction described in section 105559
1341(a)(2) of the Internal Revenue Code, for repaying previously 105560
reported income received under a claim of right, that meets both 105561
of the following requirements:105562

       (a) It is allowable for repayment of an item that was 105563
included in the taxpayer's taxable income or the decedent's 105564
adjusted gross income for a prior taxable year and did not qualify 105565
for a credit under division (A) or (B) of section 5747.05 of the 105566
Revised Code for that year.105567

       (b) It does not otherwise reduce the taxpayer's taxable 105568
income or the decedent's adjusted gross income for the current or 105569
any other taxable year.105570

       (11) Add any amount claimed as a credit under section 105571
5747.059 of the Revised Code to the extent that the amount 105572
satisfies either of the following:105573

       (a) The amount was deducted or excluded from the computation 105574
of the taxpayer's federal taxable income as required to be 105575
reported for the taxpayer's taxable year under the Internal 105576
Revenue Code;105577

       (b) The amount resulted in a reduction in the taxpayer's 105578
federal taxable income as required to be reported for any of the 105579
taxpayer's taxable years under the Internal Revenue Code.105580

       (12) Deduct any amount, net of related expenses deducted in 105581
computing federal taxable income, that a trust is required to 105582
report as farm income on its federal income tax return, but only 105583
if the assets of the trust include at least ten acres of land 105584
satisfying the definition of "land devoted exclusively to 105585
agricultural use" under section 5713.30 of the Revised Code, 105586
regardless of whether the land is valued for tax purposes as such 105587
land under sections 5713.30 to 5713.38 of the Revised Code. If the 105588
trust is a pass-through entity investor, section 5747.231 of the 105589
Revised Code applies in ascertaining if the trust is eligible to 105590
claim the deduction provided by division (S)(12) of this section 105591
in connection with the pass-through entity's farm income.105592

        Except for farm income attributable to the S portion of an 105593
electing small business trust, the deduction provided by division 105594
(S)(12) of this section is allowed only to the extent that the 105595
trust has not distributed such farm income. Division (S)(12) of 105596
this section applies only to taxable years of a trust beginning in 105597
2002 or thereafter.105598

       (13) Add the net amount of income described in section 641(c) 105599
of the Internal Revenue Code to the extent that amount is not 105600
included in federal taxable income.105601

       (14) Add or deduct the amount the taxpayer would be required 105602
to add or deduct under division (A)(20) or (21) of this section if 105603
the taxpayer's Ohio taxable income were computed in the same 105604
manner as an individual's Ohio adjusted gross income is computed 105605
under this section. In the case of a trust, division (S)(14) of 105606
this section applies only to any of the trust's taxable years 105607
beginning in 2002 or thereafter.105608

       (T) "School district income" and "school district income tax" 105609
have the same meanings as in section 5748.01 of the Revised Code.105610

       (U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7) 105611
of this section, "public obligations," "purchase obligations," and 105612
"interest or interest equivalent" have the same meanings as in 105613
section 5709.76 of the Revised Code.105614

       (V) "Limited liability company" means any limited liability 105615
company formed under Chapter 1705. of the Revised Code or under 105616
the laws of any other state.105617

       (W) "Pass-through entity investor" means any person who, 105618
during any portion of a taxable year of a pass-through entity, is 105619
a partner, member, shareholder, or equity investor in that 105620
pass-through entity.105621

       (X) "Banking day" has the same meaning as in section 1304.01 105622
of the Revised Code.105623

       (Y) "Month" means a calendar month.105624

       (Z) "Quarter" means the first three months, the second three 105625
months, the third three months, or the last three months of the 105626
taxpayer's taxable year.105627

       (AA)(1) "Eligible institution" means a state university or 105628
state institution of higher education as defined in section 105629
3345.011 of the Revised Code, or a private, nonprofit college, 105630
university, or other post-secondary institution located in this 105631
state that possesses a certificate of authorization issued by the 105632
Ohio board of regents pursuant to Chapter 1713. of the Revised 105633
Code or a certificate of registration issued by the state board of 105634
career colleges and schools under Chapter 3332. of the Revised 105635
Code.105636

       (2) "Qualified tuition and fees" means tuition and fees 105637
imposed by an eligible institution as a condition of enrollment or 105638
attendance, not exceeding two thousand five hundred dollars in 105639
each of the individual's first two years of post-secondary 105640
education. If the individual is a part-time student, "qualified 105641
tuition and fees" includes tuition and fees paid for the academic 105642
equivalent of the first two years of post-secondary education 105643
during a maximum of five taxable years, not exceeding a total of 105644
five thousand dollars. "Qualified tuition and fees" does not 105645
include:105646

       (a) Expenses for any course or activity involving sports, 105647
games, or hobbies unless the course or activity is part of the 105648
individual's degree or diploma program;105649

       (b) The cost of books, room and board, student activity fees, 105650
athletic fees, insurance expenses, or other expenses unrelated to 105651
the individual's academic course of instruction;105652

       (c) Tuition, fees, or other expenses paid or reimbursed 105653
through an employer, scholarship, grant in aid, or other 105654
educational benefit program.105655

       (BB)(1) "Modified business income" means the business income 105656
included in a trust's Ohio taxable income after such taxable 105657
income is first reduced by the qualifying trust amount, if any.105658

       (2) "Qualifying trust amount" of a trust means capital gains 105659
and losses from the sale, exchange, or other disposition of equity 105660
or ownership interests in, or debt obligations of, a qualifying 105661
investee to the extent included in the trust's Ohio taxable 105662
income, but only if the following requirements are satisfied:105663

        (a) The book value of the qualifying investee's physical 105664
assets in this state and everywhere, as of the last day of the 105665
qualifying investee's fiscal or calendar year ending immediately 105666
prior to the date on which the trust recognizes the gain or loss, 105667
is available to the trust.105668

       (b) The requirements of section 5747.011 of the Revised Code 105669
are satisfied for the trust's taxable year in which the trust 105670
recognizes the gain or loss.105671

        Any gain or loss that is not a qualifying trust amount is 105672
modified business income, qualifying investment income, or 105673
modified nonbusiness income, as the case may be.105674

       (3) "Modified nonbusiness income" means a trust's Ohio 105675
taxable income other than modified business income, other than the 105676
qualifying trust amount, and other than qualifying investment 105677
income, as defined in section 5747.012 of the Revised Code, to the 105678
extent such qualifying investment income is not otherwise part of 105679
modified business income.105680

       (4) "Modified Ohio taxable income" applies only to trusts, 105681
and means the sum of the amounts described in divisions (BB)(4)(a) 105682
to (c) of this section:105683

       (a) The fraction, calculated under section 5747.013, and 105684
applying section 5747.231 of the Revised Code, multiplied by the 105685
sum of the following amounts:105686

        (i) The trust's modified business income;105687

        (ii) The trust's qualifying investment income, as defined in 105688
section 5747.012 of the Revised Code, but only to the extent the 105689
qualifying investment income does not otherwise constitute 105690
modified business income and does not otherwise constitute a 105691
qualifying trust amount.105692

       (b) The qualifying trust amount multiplied by a fraction, the 105693
numerator of which is the sum of the book value of the qualifying 105694
investee's physical assets in this state on the last day of the 105695
qualifying investee's fiscal or calendar year ending immediately 105696
prior to the day on which the trust recognizes the qualifying 105697
trust amount, and the denominator of which is the sum of the book 105698
value of the qualifying investee's total physical assets 105699
everywhere on the last day of the qualifying investee's fiscal or 105700
calendar year ending immediately prior to the day on which the 105701
trust recognizes the qualifying trust amount. If, for a taxable 105702
year, the trust recognizes a qualifying trust amount with respect 105703
to more than one qualifying investee, the amount described in 105704
division (BB)(4)(b) of this section shall equal the sum of the 105705
products so computed for each such qualifying investee.105706

       (c)(i) With respect to a trust or portion of a trust that is 105707
a resident as ascertained in accordance with division (I)(3)(d) of 105708
this section, its modified nonbusiness income.105709

        (ii) With respect to a trust or portion of a trust that is 105710
not a resident as ascertained in accordance with division 105711
(I)(3)(d) of this section, the amount of its modified nonbusiness 105712
income satisfying the descriptions in divisions (B)(2) to (5) of 105713
section 5747.20 of the Revised Code, except as otherwise provided 105714
in division (BB)(4)(c)(ii) of this section. With respect to a 105715
trust or portion of a trust that is not a resident as ascertained 105716
in accordance with division (I)(3)(d) of this section, the trust's 105717
portion of modified nonbusiness income recognized from the sale, 105718
exchange, or other disposition of a debt interest in or equity 105719
interest in a section 5747.212 entity, as defined in section 105720
5747.212 of the Revised Code, without regard to division (A) of 105721
that section, shall not be allocated to this state in accordance 105722
with section 5747.20 of the Revised Code but shall be apportioned 105723
to this state in accordance with division (B) of section 5747.212 105724
of the Revised Code without regard to division (A) of that 105725
section.105726

       If the allocation and apportionment of a trust's income under 105727
divisions (BB)(4)(a) and (c) of this section do not fairly 105728
represent the modified Ohio taxable income of the trust in this 105729
state, the alternative methods described in division (C) of 105730
section 5747.21 of the Revised Code may be applied in the manner 105731
and to the same extent provided in that section.105732

       (5)(a) Except as set forth in division (BB)(5)(b) of this 105733
section, "qualifying investee" means a person in which a trust has 105734
an equity or ownership interest, or a person or unit of government 105735
the debt obligations of either of which are owned by a trust. For 105736
the purposes of division (BB)(2)(a) of this section and for the 105737
purpose of computing the fraction described in division (BB)(4)(b) 105738
of this section, all of the following apply:105739

        (i) If the qualifying investee is a member of a qualifying 105740
controlled group on the last day of the qualifying investee's 105741
fiscal or calendar year ending immediately prior to the date on 105742
which the trust recognizes the gain or loss, then "qualifying 105743
investee" includes all persons in the qualifying controlled group 105744
on such last day.105745

        (ii) If the qualifying investee, or if the qualifying 105746
investee and any members of the qualifying controlled group of 105747
which the qualifying investee is a member on the last day of the 105748
qualifying investee's fiscal or calendar year ending immediately 105749
prior to the date on which the trust recognizes the gain or loss, 105750
separately or cumulatively own, directly or indirectly, on the 105751
last day of the qualifying investee's fiscal or calendar year 105752
ending immediately prior to the date on which the trust recognizes 105753
the qualifying trust amount, more than fifty per cent of the 105754
equity of a pass-through entity, then the qualifying investee and 105755
the other members are deemed to own the proportionate share of the 105756
pass-through entity's physical assets which the pass-through 105757
entity directly or indirectly owns on the last day of the 105758
pass-through entity's calendar or fiscal year ending within or 105759
with the last day of the qualifying investee's fiscal or calendar 105760
year ending immediately prior to the date on which the trust 105761
recognizes the qualifying trust amount.105762

        (iii) For the purposes of division (BB)(5)(a)(iii) of this 105763
section, "upper level pass-through entity" means a pass-through 105764
entity directly or indirectly owning any equity of another 105765
pass-through entity, and "lower level pass-through entity" means 105766
that other pass-through entity.105767

        An upper level pass-through entity, whether or not it is also 105768
a qualifying investee, is deemed to own, on the last day of the 105769
upper level pass-through entity's calendar or fiscal year, the 105770
proportionate share of the lower level pass-through entity's 105771
physical assets that the lower level pass-through entity directly 105772
or indirectly owns on the last day of the lower level pass-through 105773
entity's calendar or fiscal year ending within or with the last 105774
day of the upper level pass-through entity's fiscal or calendar 105775
year. If the upper level pass-through entity directly and 105776
indirectly owns less than fifty per cent of the equity of the 105777
lower level pass-through entity on each day of the upper level 105778
pass-through entity's calendar or fiscal year in which or with 105779
which ends the calendar or fiscal year of the lower level 105780
pass-through entity and if, based upon clear and convincing 105781
evidence, complete information about the location and cost of the 105782
physical assets of the lower pass-through entity is not available 105783
to the upper level pass-through entity, then solely for purposes 105784
of ascertaining if a gain or loss constitutes a qualifying trust 105785
amount, the upper level pass-through entity shall be deemed as 105786
owning no equity of the lower level pass-through entity for each 105787
day during the upper level pass-through entity's calendar or 105788
fiscal year in which or with which ends the lower level 105789
pass-through entity's calendar or fiscal year. Nothing in division 105790
(BB)(5)(a)(iii) of this section shall be construed to provide for 105791
any deduction or exclusion in computing any trust's Ohio taxable 105792
income.105793

       (b) With respect to a trust that is not a resident for the 105794
taxable year and with respect to a part of a trust that is not a 105795
resident for the taxable year, "qualifying investee" for that 105796
taxable year does not include a C corporation if both of the 105797
following apply:105798

       (i) During the taxable year the trust or part of the trust 105799
recognizes a gain or loss from the sale, exchange, or other 105800
disposition of equity or ownership interests in, or debt 105801
obligations of, the C corporation.105802

       (ii) Such gain or loss constitutes nonbusiness income.105803

        (6) "Available" means information is such that a person is 105804
able to learn of the information by the due date plus extensions, 105805
if any, for filing the return for the taxable year in which the 105806
trust recognizes the gain or loss.105807

        (CC) "Qualifying controlled group" has the same meaning as in 105808
section 5733.04 of the Revised Code.105809

        (DD) "Related member" has the same meaning as in section 105810
5733.042 of the Revised Code.105811

       (EE)(1) For the purposes of division (EE) of this section: 105812

       (a) "Qualifying person" means any person other than a 105813
qualifying corporation.105814

       (b) "Qualifying corporation" means any person classified for 105815
federal income tax purposes as an association taxable as a 105816
corporation, except either of the following:105817

       (i) A corporation that has made an election under subchapter 105818
S, chapter one, subtitle A, of the Internal Revenue Code for its 105819
taxable year ending within, or on the last day of, the investor's 105820
taxable year;105821

       (ii) A subsidiary that is wholly owned by any corporation 105822
that has made an election under subchapter S, chapter one, 105823
subtitle A of the Internal Revenue Code for its taxable year 105824
ending within, or on the last day of, the investor's taxable year.105825

       (2) For the purposes of this chapter, unless expressly stated 105826
otherwise, no qualifying person indirectly owns any asset directly 105827
or indirectly owned by any qualifying corporation.105828

       (FF) For purposes of this chapter and Chapter 5751. of the 105829
Revised Code:105830

       (1) "Trust" does not include a qualified pre-income tax 105831
trust.105832

       (2) A "qualified pre-income tax trust" is any pre-income tax 105833
trust that makes a qualifying pre-income tax trust election as 105834
described in division (FF)(3) of this section.105835

       (3) A "qualifying pre-income tax trust election" is an 105836
election by a pre-income tax trust to subject to the tax imposed 105837
by section 5751.02 of the Revised Code the pre-income tax trust 105838
and all pass-through entities of which the trust owns or controls, 105839
directly, indirectly, or constructively through related interests, 105840
five per cent or more of the ownership or equity interests. The 105841
trustee shall notify the tax commissioner in writing of the 105842
election on or before April 15, 2006. The election, if timely 105843
made, shall be effective on and after January 1, 2006, and shall 105844
apply for all tax periods and tax years until revoked by the 105845
trustee of the trust.105846

       (4) A "pre-income tax trust" is a trust that satisfies all of 105847
the following requirements:105848

       (a) The document or instrument creating the trust was 105849
executed by the grantor before January 1, 1972;105850

       (b) The trust became irrevocable upon the creation of the 105851
trust; and105852

       (c) The grantor was domiciled in this state at the time the 105853
trust was created.105854

       Sec. 5747.058.  (A) A refundable income tax credit granted by 105855
the tax credit authority under section 122.17 or division (B)(2) 105856
or (3) of section 122.171 of the Revised Code may be claimed under 105857
this chapter, in the order required under section 5747.98 of the 105858
Revised Code. For purposes of making tax payments under this 105859
chapter, taxes equal to the amount of the refundable credit shall 105860
be considered to be paid to this state on the first day of the 105861
taxable year. The refundable credit shall not be claimed for any 105862
taxable years ending with or following the calendar year in which 105863
a relocation of employment positions occurs in violation of an 105864
agreement entered into under section 122.171 of the Revised Code.105865

       (B) A nonrefundable income tax credit granted by the tax 105866
credit authority under division (B)(1) of section 122.171 of the 105867
Revised Code may be claimed under this chapter, in the order 105868
required under section 5747.98 of the Revised Code.105869

       Sec. 5747.113. (A) Any taxpayer claiming a refund under 105870
section 5747.11 of the Revised Code for taxable years ending on or 105871
after October 14, 1983, who wishes to contribute any part of the 105872
taxpayer's refund to the natural areas and preserves fund created 105873
in section 1517.11 of the Revised Code, the nongame and endangered 105874
wildlife fund created in section 1531.26 of the Revised Code, the 105875
military injury relief fund created in section 5101.98 of the 105876
Revised Code, the Ohio historical society income tax contribution 105877
fund created in section 149.308 of the Revised Code, or all of 105878
those funds, may designate on the taxpayer's income tax return the 105879
amount that the taxpayer wishes to contribute to the fund or 105880
funds. A designated contribution is irrevocable upon the filing of 105881
the return and shall be made in the full amount designated if the 105882
refund found due the taxpayer upon the initial processing of the 105883
taxpayer's return, after any deductions including those required 105884
by section 5747.12 of the Revised Code, is greater than or equal 105885
to the designated contribution. If the refund due as initially 105886
determined is less than the designated contribution, the 105887
contribution shall be made in the full amount of the refund. The 105888
tax commissioner shall subtract the amount of the contribution 105889
from the amount of the refund initially found due the taxpayer and 105890
shall certify the difference to the director of budget and 105891
management and treasurer of state for payment to the taxpayer in 105892
accordance with section 5747.11 of the Revised Code. For the 105893
purpose of any subsequent determination of the taxpayer's net tax 105894
payment, the contribution shall be considered a part of the refund 105895
paid to the taxpayer.105896

       (B) The tax commissioner shall provide a space on the income 105897
tax return form in which a taxpayer may indicate that the taxpayer 105898
wishes to make a donation in accordance with this section. The tax 105899
commissioner shall also print in the instructions accompanying the 105900
income tax return form a description of the purposes for which the 105901
natural areas and preserves fund, the nongame and endangered 105902
wildlife fund, and the military injury relief fund, and the Ohio 105903
historical society income tax contribution fund were created and 105904
the use of moneys from the income tax refund contribution system 105905
established in this section. No person shall designate on the 105906
person's income tax return any part of a refund claimed under 105907
section 5747.11 of the Revised Code as a contribution to any fund 105908
other than the natural areas and preserves fund, the nongame and 105909
endangered wildlife fund, the military injury relief fund, or all 105910
of those fundsthe Ohio historical society income tax contribution 105911
fund.105912

       (C) The money collected under the income tax refund 105913
contribution system established in this section shall be deposited 105914
by the tax commissioner into the natural areas and preserves fund, 105915
the nongame and endangered wildlife fund, and the military injury 105916
relief fund, and the Ohio historical society income tax 105917
contribution fund in the amounts designated on the tax returns.105918

       (D) No later than the thirtieth day of September each year, 105919
the tax commissioner shall determine the total amount contributed 105920
to each fund under this section during the preceding eight months, 105921
any adjustments to prior months, and the cost to the department of 105922
taxation of administering the income tax refund contribution 105923
system during that eight-month period. The commissioner shall make 105924
an additional determination no later than the thirty-first day of 105925
January of each year of the total amount contributed to each fund 105926
under this section during the preceding four calendar months, any 105927
adjustments to prior years made during that four-month period, and 105928
the cost to the department of taxation of administering the income 105929
tax contribution system during that period. The cost of 105930
administering the income tax contribution system shall be 105931
certified by the tax commissioner to the director of budget and 105932
management, who shall transfer an amount equal to one-third105933
one-fourth of such administrative costs from the natural areas and 105934
preserves fund, one-thirdone-fourth of such costs from the 105935
nongame and endangered wildlife fund, and one-thirdone-fourth of 105936
such costs from the military injury relief fund, and one-fourth of 105937
such costs from the Ohio historical society income tax 105938
contribution fund to the litter control and natural resource tax 105939
administration fund, which is hereby created, provided that the 105940
moneys that the department receives to pay the cost of 105941
administering the income tax refund contribution system in any 105942
year shall not exceed two and one-half per cent of the total 105943
amount contributed under that system during that year.105944

       (E)(1) The director of natural resources, in January of every 105945
odd-numbered year, shall report to the general assembly on the 105946
effectiveness of the income tax refund contribution system as it 105947
pertains to the natural areas and preserves fund and the nongame 105948
and endangered wildlife fund. The report shall include the amount 105949
of money contributed to each fund in each of the previous five 105950
years, the amount of money contributed directly to each fund in 105951
addition to or independently of the income tax refund contribution 105952
system in each of the previous five years, and the purposes for 105953
which the money was expended.105954

       (2) The director of job and family services and the director 105955
of the Ohio historical society, in January of every odd-numbered 105956
year, each shall report to the general assembly on the 105957
effectiveness of the income tax refund contribution system as it 105958
pertains to the military injury relief fund and the Ohio 105959
historical society income tax contribution fund, respectively. The 105960
report shall include the amount of money contributed to the fund 105961
in each of the previous five years, the amount of money 105962
contributed directly to the fund in addition to or independently 105963
of the income tax refund contribution system in each of the 105964
previous five years, and the purposes for which the money was 105965
expended.105966

       Sec. 5747.451.  (A) The mere retirement from business or 105967
voluntary dissolution of a domestic or foreign qualifying entity 105968
does not exempt it from the requirements to make reports as 105969
required under sections 5747.42 to 5747.44 or to pay the taxes 105970
imposed under section 5733.41 or 5747.41 of the Revised Code. If 105971
any qualifying entity subject to the taxes imposed under section 105972
5733.41 or 5747.41 of the Revised Code sells its business or stock 105973
of merchandise or quits its business, the taxes required to be 105974
paid prior to that time, together with any interest or penalty 105975
thereon, become due and payable immediately, and the qualifying 105976
entity shall make a final return within fifteen days after the 105977
date of selling or quitting business. The successor of the 105978
qualifying entity shall withhold a sufficient amount of the 105979
purchase money to cover the amount of such taxes, interest, and 105980
penalties due and unpaid until the qualifying entity produces a 105981
receipt from the tax commissioner showing that the taxes, 105982
interest, and penalties have been paid, or a certificate 105983
indicating that no taxes are due. If the purchaser of the business 105984
or stock of goods fails to withhold purchase money, the purchaser 105985
is personally liable for the payment of the taxes, interest, and 105986
penalties accrued and unpaid during the operation of the business 105987
by the qualifying entity. If the amount of those taxes, interest, 105988
and penalty unpaid at the time of the purchase exceeds the total 105989
purchase money, the tax commissioner may adjust the qualifying 105990
entity's liability for those taxes, interest, and penalty, or 105991
adjust the responsibility of the purchaser to pay that liability, 105992
in a manner calculated to maximize the collection of those 105993
liabilities.105994

       (B) Annually, on the last day of each qualifying taxable year 105995
of a qualifying entity, the taxes imposed under section 5733.41 or 105996
5747.41 of the Revised Code, together with any penalties 105997
subsequently accruing thereon, become a lien on all property in 105998
this state of the qualifying entity, whether such property is 105999
employed by the qualifying entity in the prosecution of its 106000
business or is in the hands of an assignee, trustee, or receiver 106001
for the benefit of the qualifying entity's creditors and 106002
investors. The lien shall continue until those taxes, together 106003
with any penalties subsequently accruing, are paid.106004

       Upon failure of such a qualifying entity to pay those taxes 106005
on the day fixed for payment, the treasurer of state shall 106006
thereupon notify the tax commissioner, and the commissioner may 106007
file in the office of the county recorder in each county in this 106008
state in which the qualifying entity owns or has a beneficial 106009
interest in real estate, notice of the lien containing a brief 106010
description of such real estate. No fee shall be charged for such 106011
a filing. The lien is not valid as against any mortgagee, 106012
purchaser, or judgment creditor whose rights have attached prior 106013
to the time the notice is so filed in the county in which the real 106014
estate which is the subject of such mortgage, purchase, or 106015
judgment lien is located. The notice shall be recorded in a book 106016
kept by the recorder, called the qualifying entity tax lien 106017
record, and indexed under the name of the qualifying entity 106018
charged with the tax. When the tax, together with any penalties 106019
subsequently accruing thereon, have been paid, the tax 106020
commissioner shall furnish to the qualifying entity an 106021
acknowledgment of such payment that the qualifying entity may 106022
record with the recorder of each county in which notice of such 106023
lien has been filed, for which recording the recorder shall charge 106024
and receive a fee of two dollars.106025

       (C) In addition to all other remedies for the collection of 106026
any taxes or penalties due under law, whenever any taxes, 106027
interest, or penalties due from any qualifying entity under 106028
section 5733.41 of the Revised Code or this chapter have remained 106029
unpaid for a period of ninety days, or whenever any qualifying 106030
entity has failed for a period of ninety days to make any report 106031
or return required by law, or to pay any penalty for failure to 106032
make or file such report or return, the attorney general, upon the 106033
request of the tax commissioner, shall file a petition in the 106034
court of common pleas in the county of the state in which such 106035
qualifying entity has its principal place of business for a 106036
judgment for the amount of the taxes, interest, or penalties 106037
appearing to be due, the enforcement of any lien in favor of the 106038
state, and an injunction to restrain such qualifying entity and 106039
its officers, directors, and managing agents from the transaction 106040
of any business within this state, other than such acts as are 106041
incidental to liquidation or winding up, until the payment of such 106042
taxes, interest, and penalties, and the costs of the proceeding 106043
fixed by the court, or the making and filing of such report or 106044
return.106045

       The petition shall be in the name of the state. Any of the 106046
qualifying entities having its principal places of business in the 106047
county may be joined in one suit. On the motion of the attorney 106048
general, the court of common pleas shall enter an order requiring 106049
all defendants to answer by a day certain, and may appoint a 106050
special master commissioner to take testimony, with such other 106051
power and authority as the court confers, and permitting process 106052
to be served by registered mail and by publication in a newspaper 106053
of general circulation published in the county, which publication 106054
need not be made more than once, setting forth the name of each 106055
delinquent qualifying entity, the matter in which the qualifying 106056
entity is delinquent, the names of its officers, directors, and 106057
managing agents, if set forth in the petition, and the amount of 106058
any taxes, fees, or penalties claimed to be owing by the 106059
qualifying entity.106060

       All or any of the trustees or other fiduciaries, officers, 106061
directors, investors, beneficiaries, or managing agents of any 106062
qualifying entity may be joined as defendants with the qualifying 106063
entity.106064

       If it appears to the court upon hearing that any qualifying 106065
entity that is a party to the proceeding is indebted to the state 106066
for taxes imposed under section 5733.41 or 5747.41 of the Revised 106067
Code, or interest or penalties thereon, judgment shall be entered 106068
therefor with interest; and if it appears that any qualifying 106069
entity has failed to make or file any report or return, a 106070
mandatory injunction may be issued against the qualifying entity, 106071
its trustees or other fiduciaries, officers, directors, and 106072
managing agents, enjoining them from the transaction of any 106073
business within this state, other than acts incidental to 106074
liquidation or winding up, until the making and filing of all 106075
proper reports or returns and until the payment in full of all 106076
taxes, interest, and penalties.106077

       If the trustees or other fiduciaries, officers, directors, 106078
investors, beneficiaries, or managing agents of a qualifying 106079
entity are not made parties in the first instance, and a judgment 106080
or an injunction is rendered or issued against the qualifying 106081
entity, those officers, directors, investors, or managing agents 106082
may be made parties to such proceedings upon the motion of the 106083
attorney general, and, upon notice to them of the form and terms 106084
of such injunction, they shall be bound thereby as fully as if 106085
they had been made parties in the first instance.106086

       In any action authorized by this division, a statement of the 106087
tax commissioner, or the secretary of state, when duly certified, 106088
shall be prima-facie evidence of the amount of taxes, interest, or 106089
penalties due from any qualifying entity, or of the failure of any 106090
qualifying entity to file with the commissioner or the secretary 106091
of state any report required by law, and any such certificate of 106092
the commissioner or the secretary of state may be required in 106093
evidence in any such proceeding.106094

       On the application of any defendant and for good cause shown, 106095
the court may order a separate hearing of the issues as to any 106096
defendant.106097

       The costs of the proceeding shall be apportioned among the 106098
parties as the court deems proper.106099

       The court in such proceeding may make, enter, and enforce 106100
such other judgments and orders and grant such other relief as is 106101
necessary or incidental to the enforcement of the claims and lien 106102
of the state.106103

       In the performance of the duties enjoined upon the attorney 106104
general by this division, the attorney general may direct any 106105
prosecuting attorney to bring an action, as authorized by this 106106
division, in the name of the state with respect to any delinquent 106107
qualifying entities within the prosecuting attorney's county, and 106108
like proceedings and orders shall be had as if such action were 106109
instituted by the attorney general.106110

       (D) If any qualifying entity fails to make and file the 106111
reports or returns required under this chapter, or to pay the 106112
penalties provided by law for failure to make and file such 106113
reports or returns for a period of ninety days after the time 106114
prescribed by this chapter, the attorney general, on the request 106115
of the tax commissioner, shall commence an action in quo warranto 106116
in the court of appeals of the county in which that qualifying 106117
entity has its principal place of business to forfeit and annul 106118
its privileges and franchises. If the court is satisfied that any 106119
such qualifying entity is in default, it shall render judgment 106120
ousting such qualifying entity from the exercise of its privileges 106121
and franchises within this state, and shall otherwise proceed as 106122
provided in sections 2733.02 to 2733.39 of the Revised Code.106123

       Sec. 5747.46.  As used in sections 5747.46 and 5747.47 of the 106124
Revised Code:106125

       (A) "Year's fund balance" means the amount credited to the 106126
public library fund during a calendar year.106127

       (B) "Distribution year" means the calendar year during which 106128
a year's fund balance is distributed under section 5747.47 of the 106129
Revised Code.106130

       (C) "CPI" means the consumer price index for all urban 106131
consumers (United States city average, all items), prepared by the 106132
United States department of labor, bureau of labor statistics.106133

       (D) "Inflation factor" means the quotient obtained by 106134
dividing the CPI for May of the year preceding the distribution 106135
year by the CPI for May of the second preceding year. If the 106136
quotient so obtained is less than one, the inflation factor shall 106137
equal one.106138

       (E) "Population" means whichever of the following has most 106139
recently been issued, as of the first day of June preceding the 106140
distribution year:106141

       (1) The most recent decennial census figures that include 106142
population figures for each county in the state;106143

       (2) The most current issue of "Current Population Reports: 106144
Local Population Estimates" issued by the United States bureau of 106145
the census that contains population estimates for each county in 106146
the state and the state.106147

       (F) "County's equalization ratio for a distribution year" 106148
means a percentage computed for that county as follows:106149

       (1) Square the per cent that the county's population is of 106150
the state's population;106151

       (2) Divide the product so obtained by the per cent that the 106152
county's total entitlement for the preceding year is of all 106153
counties' total entitlements for the preceding year;106154

       (3) Divide the quotient so obtained by the sum of the 106155
quotients so obtained for all counties.106156

       (G) "Total entitlement" means, with respect to a distribution 106157
year, the sum of a county's guaranteed share plus its share of the 106158
excess. For the 2012 distribution year, "total entitlement" equals 106159
the sum of payments made to a county public library fund during 106160
that year.106161

       (1) "Guaranteed share" means, for a distribution year, the 106162
product obtained by multiplying a county's total entitlement for 106163
the preceding distribution year by the inflactioninflation106164
factor. If the sum of the guaranteed shares for all counties 106165
exceeds the year's fund balance, the guaranteed shares of all 106166
counties shall be reduced by a percentage that will result in the 106167
sum of such guaranteed shares being equal to the year's fund 106168
balance.106169

       (2) "Share of excess" means, for a distribution year, the 106170
product obtained by multiplying a county's equalization ratio by 106171
the difference between the year's fund balance and the sum of the 106172
guaranteed shares for all counties. If the sum of the guaranteed 106173
shares for all counties exceeds the year's fund balance the share 106174
of the excess for all counties is zero.106175

       (H) "Net distribution" means the sum of the payments made to 106176
a county's public library fund during a distribution year, 106177
adjusted as follows:106178

       (1) If the county received an overpayment during the 106179
preceding distribution year, add the amount of the overpayment;106180

       (2) If the county received an underpayment during the 106181
preceding distribution year, deduct the amount of the 106182
underpayment.106183

       (I) "Overpayment" or "underpayment" for a distribution year 106184
means the amount by which the net distribution to a county's 106185
public library fund during that distribution year exceeded or was 106186
less than the county's total entitlement for that year.106187

       All computations made under this section shall be rounded to 106188
the nearest one-hundredth of one per cent.106189

       Sec. 5747.51.  (A) On or before the twenty-fifth day of July 106190
of each year, the tax commissioner shall make and certify to the 106191
county auditor of each county an estimate of the amount of the 106192
local government fund to be allocated to the undivided local 106193
government fund of each county for the ensuing calendar year and 106194
the estimated amount to be received by the undivided local 106195
government fund of each county from the taxes levied pursuant to 106196
section 5707.03 of the Revised Code for the ensuing calendar year.106197

       (B) At each annual regular session of the county budget 106198
commission convened pursuant to section 5705.27 of the Revised 106199
Code, each auditor shall present to the commission the certificate 106200
of the commissioner, the annual tax budget and estimates, and the 106201
records showing the action of the commission in its last preceding 106202
regular session. The estimates shown on the certificate of the 106203
commissioner of the amount to be allocated from the local 106204
government fund and the amount to be received from taxes levied 106205
pursuant to section 5707.03 of the Revised Code shall be combined 106206
into one total comprising the estimate of the undivided local 106207
government fund of the county. The commission, after extending to 106208
the representatives of each subdivision an opportunity to be 106209
heard, under oath administered by any member of the commission, 106210
and considering all the facts and information presented to it by 106211
the auditor, shall determine the amount of the undivided local 106212
government fund needed by and to be apportioned to each 106213
subdivision for current operating expenses, as shown in the tax 106214
budget of the subdivision. This determination shall be made 106215
pursuant to divisions (C) to (I) of this section, unless the 106216
commission has provided for a formula pursuant to section 5747.53 106217
of the Revised Code.106218

       Nothing in this section prevents the budget commission, for 106219
the purpose of apportioning the undivided local government fund, 106220
from inquiring into the claimed needs of any subdivision as stated 106221
in its tax budget, or from adjusting claimed needs to reflect 106222
actual needs. For the purposes of this section, "current operating 106223
expenses" means the lawful expenditures of a subdivision, except 106224
those for permanent improvements and except payments for interest, 106225
sinking fund, and retirement of bonds, notes, and certificates of 106226
indebtedness of the subdivision.106227

       (C) The commission shall determine the combined total of the 106228
estimated expenditures, including transfers, from the general fund 106229
and any special funds other than special funds established for 106230
road and bridge; street construction, maintenance, and repair; 106231
state highway improvement; and gas, water, sewer, and electric 106232
public utilities operated by a subdivision, as shown in the 106233
subdivision's tax budget for the ensuing calendar year.106234

       (D) From the combined total of expenditures calculated 106235
pursuant to division (C) of this section, the commission shall 106236
deduct the following expenditures, if included in these funds in 106237
the tax budget:106238

       (1) Expenditures for permanent improvements as defined in 106239
division (E) of section 5705.01 of the Revised Code;106240

       (2) In the case of counties and townships, transfers to the 106241
road and bridge fund, and in the case of municipalities, transfers 106242
to the street construction, maintenance, and repair fund and the 106243
state highway improvement fund;106244

       (3) Expenditures for the payment of debt charges;106245

       (4) Expenditures for the payment of judgments.106246

       (E) In addition to the deductions made pursuant to division 106247
(D) of this section, revenues accruing to the general fund and any 106248
special fund considered under division (C) of this section from 106249
the following sources shall be deducted from the combined total of 106250
expenditures calculated pursuant to division (C) of this section:106251

       (1) Taxes levied within the ten-mill limitation, as defined 106252
in section 5705.02 of the Revised Code;106253

       (2) The budget commission allocation of estimated county 106254
public library fund revenues to be distributed pursuant to section 106255
5747.48 of the Revised Code;106256

       (3) Estimated unencumbered balances as shown on the tax 106257
budget as of the thirty-first day of December of the current year 106258
in the general fund, but not any estimated balance in any special 106259
fund considered in division (C) of this section;106260

       (4) Revenue, including transfers, shown in the general fund 106261
and any special funds other than special funds established for 106262
road and bridge; street construction, maintenance, and repair; 106263
state highway improvement; and gas, water, sewer, and electric 106264
public utilities, from all other sources except those that a 106265
subdivision receives from an additional tax or service charge 106266
voted by its electorate or receives from special assessment or 106267
revenue bond collection. For the purposes of this division, where 106268
the charter of a municipal corporation prohibits the levy of an 106269
income tax, an income tax levied by the legislative authority of 106270
such municipal corporation pursuant to an amendment of the charter 106271
of that municipal corporation to authorize such a levy represents 106272
an additional tax voted by the electorate of that municipal 106273
corporation. For the purposes of this division, any measure 106274
adopted by a board of county commissioners pursuant to section 106275
322.02, 324.02, 4504.02, or 5739.021 of the Revised Code, 106276
including those measures upheld by the electorate in a referendum 106277
conducted pursuant to section 322.021, 324.021, 4504.021, or 106278
5739.022 of the Revised Code, shall not be considered an 106279
additional tax voted by the electorate.106280

       Subject to division (G) of section 5705.29 of the Revised 106281
Code, money in a reserve balance account established by a county, 106282
township, or municipal corporation under section 5705.13 of the 106283
Revised Code shall not be considered an unencumbered balance or 106284
revenue under division (E)(3) or (4) of this section. Money in a 106285
reserve balance account established by a township under section 106286
5705.132 of the Revised Code shall not be considered an 106287
unencumbered balance or revenue under division (E)(3) or (4) of 106288
this section.106289

       If a county, township, or municipal corporation has created 106290
and maintains a nonexpendable trust fund under section 5705.131 of 106291
the Revised Code, the principal of the fund, and any additions to 106292
the principal arising from sources other than the reinvestment of 106293
investment earnings arising from such a fund, shall not be 106294
considered an unencumbered balance or revenue under division 106295
(E)(3) or (4) of this section. Only investment earnings arising 106296
from investment of the principal or investment of such additions 106297
to principal may be considered an unencumbered balance or revenue 106298
under those divisions.106299

       (F) The total expenditures calculated pursuant to division 106300
(C) of this section, less the deductions authorized in divisions 106301
(D) and (E) of this section, shall be known as the "relative need" 106302
of the subdivision, for the purposes of this section.106303

       (G) The budget commission shall total the relative need of 106304
all participating subdivisions in the county, and shall compute a 106305
relative need factor by dividing the total estimate of the 106306
undivided local government fund by the total relative need of all 106307
participating subdivisions.106308

       (H) The relative need of each subdivision shall be multiplied 106309
by the relative need factor to determine the proportionate share 106310
of the subdivision in the undivided local government fund of the 106311
county; provided, that the maximum proportionate share of a county 106312
shall not exceed the following maximum percentages of the total 106313
estimate of the undivided local government fund governed by the 106314
relationship of the percentage of the population of the county 106315
that resides within municipal corporations within the county to 106316
the total population of the county as reported in the reports on 106317
population in Ohio by the department of development as of the 106318
twentieth day of July of the year in which the tax budget is filed 106319
with the budget commission:106320

Percentage of municipal population within the county: Percentage share of the county shall not exceed: 106321
106322
Less than forty-one per cent Sixty per cent 106323
Forty-one per cent or more but less than eighty-one per cent Fifty per cent 106324
Eighty-one per cent or more Thirty per cent 106325

       Where the proportionate share of the county exceeds the 106326
limitations established in this division, the budget commission 106327
shall adjust the proportionate shares determined pursuant to this 106328
division so that the proportionate share of the county does not 106329
exceed these limitations, and it shall increase the proportionate 106330
shares of all other subdivisions on a pro rata basis. In counties 106331
having a population of less than one hundred thousand, not less 106332
than ten per cent shall be distributed to the townships therein.106333

       (I) The proportionate share of each subdivision in the 106334
undivided local government fund determined pursuant to division 106335
(H) of this section for any calendar year shall not be less than 106336
the product of the average of the percentages of the undivided 106337
local government fund of the county as apportioned to that 106338
subdivision for the calendar years 1968, 1969, and 1970, 106339
multiplied by the total amount of the undivided local government 106340
fund of the county apportioned pursuant to former section 5735.23 106341
of the Revised Code for the calendar year 1970. For the purposes 106342
of this division, the total apportioned amount for the calendar 106343
year 1970 shall be the amount actually allocated to the county in 106344
1970 from the state collected intangible tax as levied by section 106345
5707.03 of the Revised Code and distributed pursuant to section 106346
5725.24 of the Revised Code, plus the amount received by the 106347
county in the calendar year 1970 pursuant to division (B)(1) of 106348
former section 5739.21 of the Revised Code, and distributed 106349
pursuant to former section 5739.22 of the Revised Code. If the 106350
total amount of the undivided local government fund for any 106351
calendar year is less than the amount of the undivided local 106352
government fund apportioned pursuant to former section 5739.23 of 106353
the Revised Code for the calendar year 1970, the minimum amount 106354
guaranteed to each subdivision for that calendar year pursuant to 106355
this division shall be reduced on a basis proportionate to the 106356
amount by which the amount of the undivided local government fund 106357
for that calendar year is less than the amount of the undivided 106358
local government fund apportioned for the calendar year 1970.106359

       (J) On the basis of such apportionment, the county auditor 106360
shall compute the percentage share of each such subdivision in the 106361
undivided local government fund and shall at the same time certify 106362
to the tax commissioner the percentage share of the county as a 106363
subdivision. No payment shall be made from the undivided local 106364
government fund, except in accordance with such percentage shares.106365

       Within ten days after the budget commission has made its 106366
apportionment, whether conducted pursuant to section 5747.51 or 106367
5747.53 of the Revised Code, the auditor shall publish a list of 106368
the subdivisions and the amount each is to receive from the 106369
undivided local government fund and the percentage share of each 106370
subdivision, in a newspaper or newspapers of countywide 106371
circulation, and send a copy of such allocation to the tax 106372
commissioner.106373

       The county auditor shall also send by certified mail, return 106374
receipt requested, a copy of such allocation to the fiscal officer 106375
of each subdivision entitled to participate in the allocation of 106376
the undivided local government fund of the county. This copy shall 106377
constitute the official notice of the commission action referred 106378
to in section 5705.37 of the Revised Code.106379

       All money received into the treasury of a subdivision from 106380
the undivided local government fund in a county treasury shall be 106381
paid into the general fund and used for the current operating 106382
expenses of the subdivision.106383

       If a municipal corporation maintains a municipal university, 106384
such municipal university, when the board of trustees so requests 106385
the legislative authority of the municipal corporation, shall 106386
participate in the money apportioned to such municipal corporation 106387
from the total local government fund, however created and 106388
constituted, in such amount as requested by the board of trustees, 106389
provided such sum does not exceed nine per cent of the total 106390
amount paid to the municipal corporation.106391

       If any public official fails to maintain the records required 106392
by sections 5747.50 to 5747.55 of the Revised Code or by the rules 106393
issued by the tax commissioner, the auditor of state, or the 106394
treasurer of state pursuant to such sections, or fails to comply 106395
with any law relating to the enforcement of such sections, the 106396
local government fund money allocated to the county may be 106397
withheld until such time as the public official has complied with 106398
such sections or such law or the rules issued pursuant thereto.106399

       Sec. 5748.02.  (A) The board of education of any school 106400
district, except a joint vocational school district, may declare, 106401
by resolution, the necessity of raising annually a specified 106402
amount of money for school district purposes. The resolution shall 106403
specify whether the income that is to be subject to the tax is 106404
taxable income of individuals and estates as defined in divisions 106405
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or 106406
taxable income of individuals as defined in division (E)(1)(b) of 106407
that section. A copy of the resolution shall be certified to the 106408
tax commissioner no later than one hundred days prior to the date 106409
of the election at which the board intends to propose a levy under 106410
this section. Upon receipt of the copy of the resolution, the tax 106411
commissioner shall estimate both of the following:106412

       (1) The property tax rate that would have to be imposed in 106413
the current year by the district to produce an equivalent amount 106414
of money;106415

       (2) The income tax rate that would have had to have been in 106416
effect for the current year to produce an equivalent amount of 106417
money from a school district income tax.106418

       Within ten days of receiving the copy of the board's 106419
resolution, the commissioner shall prepare these estimates and 106420
certify them to the board. Upon receipt of the certification, the 106421
board may adopt a resolution proposing an income tax under 106422
division (B) of this section at the estimated rate contained in 106423
the certification rounded to the nearest one-fourth of one per 106424
cent. The commissioner's certification applies only to the board's 106425
proposal to levy an income tax at the election for which the board 106426
requested the certification. If the board intends to submit a 106427
proposal to levy an income tax at any other election, it shall 106428
request another certification for that election in the manner 106429
prescribed in this division.106430

       (B)(1) Upon the receipt of a certification from the tax 106431
commissioner under division (A) of this section, a majority of the 106432
members of a board of education may adopt a resolution proposing 106433
the levy of an annual tax for school district purposes on school 106434
district income. The proposed levy may be for a continuing period 106435
of time or for a specified number of years. The resolution shall 106436
set forth the purpose for which the tax is to be imposed, the rate 106437
of the tax, which shall be the rate set forth in the 106438
commissioner's certification rounded to the nearest one-fourth of 106439
one per cent, the number of years the tax will be levied or that 106440
it will be levied for a continuing period of time, the date on 106441
which the tax shall take effect, which shall be the first day of 106442
January of any year following the year in which the question is 106443
submitted, and the date of the election at which the proposal 106444
shall be submitted to the electors of the district, which shall be 106445
on the date of a primary, general, or special election the date of 106446
which is consistent with section 3501.01 of the Revised Code. The 106447
resolution shall specify whether the income that is to be subject 106448
to the tax is taxable income of individuals and estates as defined 106449
in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised 106450
Code or taxable income of individuals as defined in division 106451
(E)(1)(b) of that section. The specification shall be the same as 106452
the specification in the resolution adopted and certified under 106453
division (A) of this section. 106454

       If the tax is to be levied for current expenses and permanent 106455
improvements, the resolution shall apportion the annual rate of 106456
the tax. The apportionment may be the same or different for each 106457
year the tax is levied, but the respective portions of the rate 106458
actually levied each year for current expenses and for permanent 106459
improvements shall be limited by the apportionment.106460

       If the board of education currently imposes an income tax 106461
pursuant to this chapter that is due to expire and a question is 106462
submitted under this section for a proposed income tax to take 106463
effect upon the expiration of the existing tax, the board may 106464
specify in the resolution that the proposed tax renews the 106465
expiring tax. Two or more expiring income taxes may be renewed 106466
under this paragraph if the taxes are due to expire on the same 106467
date. If the tax rate being proposed is no higher than the total 106468
tax rate imposed by the expiring tax or taxes, the resolution may 106469
state that the proposed tax is not an additional income tax.106470

       (2) A board of education adopting a resolution under division 106471
(B)(1) of this section proposing a school district income tax for 106472
a continuing period of time and limited to the purpose of current 106473
expenses may propose in that resolution to reduce the rate or 106474
rates of one or more of the school district's property taxes 106475
levied for a continuing period of time in excess of the ten-mill 106476
limitation for the purpose of current expenses. The reduction in 106477
the rate of a property tax may be any amount, expressed in mills 106478
per one dollar in valuation, not exceeding the rate at which the 106479
tax is authorized to be levied. The reduction in the rate of a tax 106480
shall first take effect for the tax year that includes the day on 106481
which the school district income tax first takes effect, and shall 106482
continue for each tax year that both the school district income 106483
tax and the property tax levy are in effect.106484

       In addition to the matters required to be set forth in the 106485
resolution under division (B)(1) of this section, a resolution 106486
containing a proposal to reduce the rate of one or more property 106487
taxes shall state for each such tax the maximum rate at which it 106488
currently may be levied and the maximum rate at which the tax 106489
could be levied after the proposed reduction, expressed in mills 106490
per one dollar in valuation, and that the tax is levied for a 106491
continuing period of time.106492

       If a board of education proposes to reduce the rate of one or 106493
more property taxes under division (B)(2) of this section, the 106494
board, when it makes the certification required under division (A) 106495
of this section, shall designate the specific levy or levies to be 106496
reduced, the maximum rate at which each levy currently is 106497
authorized to be levied, and the rate by which each levy is 106498
proposed to be reduced. The tax commissioner, when making the 106499
certification to the board under division (A) of this section, 106500
also shall certify the reduction in the total effective tax rate 106501
for current expenses for each class of property that would have 106502
resulted if the proposed reduction in the rate or rates had been 106503
in effect the previous tax year. As used in this paragraph, 106504
"effective tax rate" has the same meaning as in section 323.08 of 106505
the Revised Code.106506

       (C) A resolution adopted under division (B) of this section 106507
shall go into immediate effect upon its passage, and no 106508
publication of the resolution shall be necessary other than that 106509
provided for in the notice of election. Immediately after its 106510
adoption and at least ninety days prior to the election at which 106511
the question will appear on the ballot, a copy of the resolution 106512
shall be certified to the board of elections of the proper county, 106513
which shall submit the proposal to the electors on the date 106514
specified in the resolution. The form of the ballot shall be as 106515
provided in section 5748.03 of the Revised Code. Publication of 106516
notice of the election shall be made in one or more newspapersa 106517
newspaper of general circulation in the county once a week for two 106518
consecutive weeks, or as provided in section 7.16 of the Revised 106519
Code, prior to the election, and, if. If the board of elections 106520
operates and maintains a web site, the board of elections shall 106521
post notice of the election on its web site for thirty days prior 106522
to the election. The notice shall contain the time and place of 106523
the election and the question to be submitted to the electors. The 106524
question covered by the resolution shall be submitted as a 106525
separate proposition, but may be printed on the same ballot with 106526
any other proposition submitted at the same election, other than 106527
the election of officers.106528

       (D) No board of education shall submit the question of a tax 106529
on school district income to the electors of the district more 106530
than twice in any calendar year. If a board submits the question 106531
twice in any calendar year, one of the elections on the question 106532
shall be held on the date of the general election.106533

       (E)(1) No board of education may submit to the electors of 106534
the district the question of a tax on school district income on 106535
the taxable income of individuals as defined in division (E)(1)(b) 106536
of section 5748.01 of the Revised Code if that tax would be in 106537
addition to an existing tax on the taxable income of individuals 106538
and estates as defined in divisions (E)(1)(a) and (2) of that 106539
section.106540

        (2) No board of education may submit to the electors of the 106541
district the question of a tax on school district income on the 106542
taxable income of individuals and estates as defined in divisions 106543
(E)(1)(a) and (2) of section 5748.01 of the Revised Code if that 106544
tax would be in addition to an existing tax on the taxable income 106545
of individuals as defined in division (E)(1)(b) of that section.106546

       Sec. 5748.021. A board of education that levies a tax under 106547
section 5748.02 of the Revised Code on the school district income 106548
of individuals and estates as defined in divisions (G) and 106549
(E)(1)(a) and (2) of section 5748.01 of the Revised Code may 106550
declare, at any time, by a resolution adopted by a majority of its 106551
members, the necessity of raising annually a specified amount of 106552
money for school district purposes by replacing the existing tax 106553
with a tax on the school district income of individuals as defined 106554
in divisions (G)(1) and (E)(1)(b) of section 5748.01 of the 106555
Revised Code. The specified amount of money to be raised annually 106556
may be the same as, or more or less than, the amount of money 106557
raised annually by the existing tax.106558

       The board shall certify a copy of the resolution to the tax 106559
commissioner not later than the eighty-fifth day before the date 106560
of the election at which the board intends to propose the 106561
replacement to the electors of the school district. Not later than 106562
the tenth day after receiving the resolution, the tax commissioner 106563
shall estimate the tax rate that would be required in the school 106564
district annually to raise the amount of money specified in the 106565
resolution. The tax commissioner shall certify the estimate to the 106566
board.106567

       Upon receipt of the tax commissioner's estimate, the board 106568
may propose, by a resolution adopted by a majority of its members, 106569
to replace the existing tax on the school district income of 106570
individuals and estates as defined in divisions (G) and (E)(1)(a) 106571
and (2) of section 5748.01 of the Revised Code with the levy of an 106572
annual tax on the school district income of individuals as defined 106573
in divisions (G)(1) and (E)(1)(b) of section 5748.01 of the 106574
Revised Code. In the resolution, the board shall specify the rate 106575
of the replacement tax, whether the replacement tax is to be 106576
levied for a specified number of years or for a continuing time, 106577
the specific school district purposes for which the replacement 106578
tax is to be levied, the date on which the replacement tax will 106579
begin to be levied, the date of the election at which the question 106580
of the replacement is to be submitted to the electors of the 106581
school district, that the existing tax will cease to be levied and 106582
the replacement tax will begin to be levied if the replacement is 106583
approved by a majority of the electors voting on the replacement, 106584
and that if the replacement is not approved by a majority of the 106585
electors voting on the replacement the existing tax will remain in 106586
effect under its original authority for the remainder of its 106587
previously approved term. The resolution goes into immediate 106588
effect upon its adoption. Publication of the resolution is not 106589
necessary, and the information that will be provided in the notice 106590
of election is sufficient notice. At least seventy-five days 106591
before the date of the election at which the question of the 106592
replacement will be submitted to the electors of the school 106593
district, the board shall certify a copy of the resolution to the 106594
board of elections.106595

       The replacement tax shall have the same specific school 106596
district purposes as the existing tax, and its rate shall be the 106597
same as the tax commissioner's estimate rounded to the nearest 106598
one-fourth of one per cent. The replacement tax shall begin to be 106599
levied on the first day of January of the year following the year 106600
in which the question of the replacement is submitted to and 106601
approved by the electors of the school district or on the first 106602
day of January of a later year, as specified in the resolution. 106603
The date of the election shall be the date of an otherwise 106604
scheduled primary, general, or special election.106605

       The board of elections shall make arrangements to submit the 106606
question of the replacement to the electors of the school district 106607
on the date specified in the resolution. The board of elections 106608
shall publish notice of the election on the question of the 106609
replacement in one or more newspapersnewspaper of general 106610
circulation in the school district once a week for four 106611
consecutive weeks or as provided in section 7.16 of the Revised 106612
Code. The notice shall set forth the question to be submitted to 106613
the electors and the time and place of the election thereon.106614

       The question shall be submitted to the electors of the school 106615
district as a separate proposition, but may be printed on the same 106616
ballot with other propositions that are submitted at the same 106617
election, other than the election of officers. The form of the 106618
ballot shall be substantially as follows:106619

       "Shall the existing tax of ..... (state the rate) on the 106620
school district income of individuals and estates imposed by ..... 106621
(state the name of the school district) be replaced by a tax of 106622
..... (state the rate) on the earned income of individuals 106623
residing in the school district for ..... (state the number of 106624
years the tax is to be in effect or that it will be in effect for 106625
a continuing time), beginning ..... (state the date the new tax 106626
will take effect), for the purpose of ..... (state the specific 106627
school district purposes of the tax)? If the new tax is not 106628
approved, the existing tax will remain in effect under its 106629
original authority, for the remainder of its previously approved 106630
term.106631

For replacing the existing tax with the new tax 106632
Against replacing the existing tax with the new tax  " 106633

       The board of elections shall conduct and canvass the election 106634
in the same manner as regular elections in the school district for 106635
the election of county officers. The board shall certify the 106636
results of the election to the board of education and to the tax 106637
commissioner. If a majority of the electors voting on the question 106638
vote in favor of the replacement, the existing tax shall cease to 106639
be levied, and the replacement tax shall begin to be levied, on 106640
the date specified in the ballot question. If a majority of the 106641
electors voting on the question vote against the replacement, the 106642
existing tax shall continue to be levied under its original 106643
authority, for the remainder of its previously approved term.106644

       A board of education may not submit the question of replacing 106645
a tax more than twice in a calendar year. If a board submits the 106646
question more than once, one of the elections at which the 106647
question is submitted shall be on the date of a general election.106648

       If a board of education later intends to renew a replacement 106649
tax levied under this section, it shall repeat the procedure 106650
outlined in this section to do so, the replacement tax then being 106651
levied being the "existing tax" and the renewed replacement tax 106652
being the "replacement tax."106653

       Sec. 5748.04. (A) The question of the repeal of a school 106654
district income tax levied for more than five years may be 106655
initiated not more than once in any five-year period by filing 106656
with the board of elections of the appropriate counties not later 106657
than ninety days before the general election in any year after the 106658
year in which it is approved by the electors a petition requesting 106659
that an election be held on the question. The petition shall be 106660
signed by qualified electors residing in the school district 106661
levying the income tax equal in number to ten per cent of those 106662
voting for governor at the most recent gubernatorial election.106663

       The board of elections shall determine whether the petition 106664
is valid, and if it so determines, it shall submit the question to 106665
the electors of the district at the next general election. The 106666
election shall be conducted, canvassed, and certified in the same 106667
manner as regular elections for county offices in the county. 106668
Notice of the election shall be published in a newspaper of 106669
general circulation in the district once a week for two 106670
consecutive weeks, or as provided in section 7.16 of the Revised 106671
Code, prior to the election, and, if. If the board of elections 106672
operates and maintains a web site, the board of elections shall 106673
post notice of the election on its web site for thirty days prior 106674
to the election. The notice shall state the purpose, time, and 106675
place of the election. The form of the ballot cast at the election 106676
shall be as follows:106677

       "Shall the annual income tax of ..... per cent, currently 106678
levied on the school district income of individuals and estates by 106679
.......... (state the name of the school district) for the purpose 106680
of .......... (state purpose of the tax), be repealed?106681

        106682

 For repeal of the income tax 106683
 Against repeal of the income tax  " 106684

        106685

        (B)(1) If the tax is imposed on taxable income as defined in 106686
division (E)(1)(b) of section 5748.01 of the Revised Code, the 106687
form of the ballot shall be modified by stating that the tax 106688
currently is levied on the "earned income of individuals residing 106689
in the school district" in lieu of the "school district income of 106690
individuals and estates."106691

       (2) If the rate of one or more property tax levies was 106692
reduced for the duration of the income tax levy pursuant to 106693
division (B)(2) of section 5748.02 of the Revised Code, the form 106694
of the ballot shall be modified by adding the following language 106695
immediately after "repealed": ", and shall the rate of an existing 106696
tax on property for the purpose of current expenses, which rate 106697
was reduced for the duration of the income tax, be INCREASED from 106698
..... mills to ..... mills per one dollar of valuation beginning 106699
in ..... (state the first year for which the rate of the property 106700
tax will increase)." In lieu of "for repeal of the income tax" and 106701
"against repeal of the income tax," the phrases "for the issue" 106702
and "against the issue," respectively, shall be substituted.106703

       (3) If the rate of more than one property tax was reduced for 106704
the duration of the income tax, the ballot language shall be 106705
modified accordingly to express the rates at which those taxes 106706
currently are levied and the rates to which the taxes would be 106707
increased.106708

       (C) The question covered by the petition shall be submitted 106709
as a separate proposition, but it may be printed on the same 106710
ballot with any other proposition submitted at the same election 106711
other than the election of officers. If a majority of the 106712
qualified electors voting on the question vote in favor of it, the 106713
result shall be certified immediately after the canvass by the 106714
board of elections to the board of education of the school 106715
district and the tax commissioner, who shall thereupon, after the 106716
current year, cease to levy the tax, except that if notes have 106717
been issued pursuant to section 5748.05 of the Revised Code the 106718
tax commissioner shall continue to levy and collect under 106719
authority of the election authorizing the levy an annual amount, 106720
rounded upward to the nearest one-fourth of one per cent, as will 106721
be sufficient to pay the debt charges on the notes as they fall 106722
due.106723

       (D) If a school district income tax repealed pursuant to this 106724
section was approved in conjunction with a reduction in the rate 106725
of one or more school district property taxes as provided in 106726
division (B)(2) of section 5748.02 of the Revised Code, then each 106727
such property tax may be levied after the current year at the rate 106728
at which it could be levied prior to the reduction, subject to any 106729
adjustments required by the county budget commission pursuant to 106730
Chapter 5705. of the Revised Code. Upon the repeal of a school 106731
district income tax under this section, the board of education may 106732
resume levying a property tax, the rate of which has been reduced 106733
pursuant to a question approved under section 5748.02 of the 106734
Revised Code, at the rate the board originally was authorized to 106735
levy the tax. A reduction in the rate of a property tax under 106736
section 5748.02 of the Revised Code is a reduction in the rate at 106737
which a board of education may levy that tax only for the period 106738
during which a school district income tax is levied prior to any 106739
repeal pursuant to this section. The resumption of the authority 106740
to levy the tax upon such a repeal does not constitute a tax 106741
levied in excess of the one per cent limitation prescribed by 106742
Section 2 of Article XII, Ohio Constitution, or in excess of the 106743
ten-mill limitation.106744

       (E) This section does not apply to school district income tax 106745
levies that are levied for five or fewer years.106746

       Sec. 5748.08.  (A) The board of education of a city, local, 106747
or exempted village school district, at any time by a vote of 106748
two-thirds of all its members, may declare by resolution that it 106749
may be necessary for the school district to do all of the 106750
following:106751

       (1) Raise a specified amount of money for school district 106752
purposes by levying an annual tax on school district income;106753

       (2) Issue general obligation bonds for permanent 106754
improvements, stating in the resolution the necessity and purpose 106755
of the bond issue and the amount, approximate date, estimated rate 106756
of interest, and maximum number of years over which the principal 106757
of the bonds may be paid;106758

       (3) Levy a tax outside the ten-mill limitation to pay debt 106759
charges on the bonds and any anticipatory securities;106760

       (4) Submit the question of the school district income tax and 106761
bond issue to the electors of the district at a special election.106762

       The resolution shall specify whether the income that is to be 106763
subject to the tax is taxable income of individuals and estates as 106764
defined in divisions (E)(1)(a) and (2) of section 5748.01 of the 106765
Revised Code or taxable income of individuals as defined in 106766
division (E)(1)(b) of that section.106767

       On adoption of the resolution, the board shall certify a copy 106768
of it to the tax commissioner and the county auditor no later than 106769
one hundred five days prior to the date of the special election at 106770
which the board intends to propose the income tax and bond issue. 106771
Not later than ten days of receipt of the resolution, the tax 106772
commissioner, in the same manner as required by division (A) of 106773
section 5748.02 of the Revised Code, shall estimate the rates 106774
designated in divisions (A)(1) and (2) of that section and certify 106775
them to the board. Not later than ten days of receipt of the 106776
resolution, the county auditor shall estimate and certify to the 106777
board the average annual property tax rate required throughout the 106778
stated maturity of the bonds to pay debt charges on the bonds, in 106779
the same manner as under division (C) of section 133.18 of the 106780
Revised Code.106781

       (B) On receipt of the tax commissioner's and county auditor's 106782
certifications prepared under division (A) of this section, the 106783
board of education of the city, local, or exempted village school 106784
district, by a vote of two-thirds of all its members, may adopt a 106785
resolution proposing for a specified number of years or for a 106786
continuing period of time the levy of an annual tax for school 106787
district purposes on school district income and declaring that the 106788
amount of taxes that can be raised within the ten-mill limitation 106789
will be insufficient to provide an adequate amount for the present 106790
and future requirements of the school district; that it is 106791
necessary to issue general obligation bonds of the school district 106792
for specified permanent improvements and to levy an additional tax 106793
in excess of the ten-mill limitation to pay the debt charges on 106794
the bonds and any anticipatory securities; and that the question 106795
of the bonds and taxes shall be submitted to the electors of the 106796
school district at a special election, which shall not be earlier 106797
than ninety days after certification of the resolution to the 106798
board of elections, and the date of which shall be consistent with 106799
section 3501.01 of the Revised Code. The resolution shall specify 106800
all of the following:106801

       (1) The purpose for which the school district income tax is 106802
to be imposed and the rate of the tax, which shall be the rate set 106803
forth in the tax commissioner's certification rounded to the 106804
nearest one-fourth of one per cent;106805

       (2) Whether the income that is to be subject to the tax is 106806
taxable income of individuals and estates as defined in divisions 106807
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or 106808
taxable income of individuals as defined in division (E)(1)(b) of 106809
that section. The specification shall be the same as the 106810
specification in the resolution adopted and certified under 106811
division (A) of this section.106812

       (3) The number of years the tax will be levied, or that it 106813
will be levied for a continuing period of time;106814

       (4) The date on which the tax shall take effect, which shall 106815
be the first day of January of any year following the year in 106816
which the question is submitted;106817

       (5) The county auditor's estimate of the average annual 106818
property tax rate required throughout the stated maturity of the 106819
bonds to pay debt charges on the bonds.106820

       (C) A resolution adopted under division (B) of this section 106821
shall go into immediate effect upon its passage, and no 106822
publication of the resolution shall be necessary other than that 106823
provided for in the notice of election. Immediately after its 106824
adoption and at least ninety days prior to the election at which 106825
the question will appear on the ballot, the board of education 106826
shall certify a copy of the resolution, along with copies of the 106827
auditor's estimate and its resolution under division (A) of this 106828
section, to the board of elections of the proper county. The board 106829
of education shall make the arrangements for the submission of the 106830
question to the electors of the school district, and the election 106831
shall be conducted, canvassed, and certified in the same manner as 106832
regular elections in the district for the election of county 106833
officers.106834

       The resolution shall be put before the electors as one ballot 106835
question, with a majority vote indicating approval of the school 106836
district income tax, the bond issue, and the levy to pay debt 106837
charges on the bonds and any anticipatory securities. The board of 106838
elections shall publish the notice of the election in one or more 106839
newspapersa newspaper of general circulation in the school 106840
district once a week for two consecutive weeks, or as provided in 106841
section 7.16 of the Revised Code, prior to the election and, if. 106842
If the board of elections operates and maintains a web site, it106843
also shall post notice of the election on its web site for thirty 106844
days prior to the election. The notice of election shall state all 106845
of the following:106846

       (1) The questions to be submitted to the electors;106847

       (2) The rate of the school district income tax;106848

       (3) The principal amount of the proposed bond issue;106849

       (4) The permanent improvements for which the bonds are to be 106850
issued;106851

       (5) The maximum number of years over which the principal of 106852
the bonds may be paid;106853

       (6) The estimated additional average annual property tax rate 106854
to pay the debt charges on the bonds, as certified by the county 106855
auditor;106856

       (7) The time and place of the special election.106857

       (D) The form of the ballot on a question submitted to the 106858
electors under this section shall be as follows:106859

       "Shall the ........ school district be authorized to do both 106860
of the following:106861

       (1) Impose an annual income tax of ...... (state the proposed 106862
rate of tax) on the school district income of individuals and of 106863
estates, for ........ (state the number of years the tax would be 106864
levied, or that it would be levied for a continuing period of 106865
time), beginning ........ (state the date the tax would first take 106866
effect), for the purpose of ........ (state the purpose of the 106867
tax)?106868

       (2) Issue bonds for the purpose of ....... in the principal 106869
amount of $......, to be repaid annually over a maximum period of 106870
....... years, and levy a property tax outside the ten-mill 106871
limitation estimated by the county auditor to average over the 106872
bond repayment period ....... mills for each one dollar of tax 106873
valuation, which amounts to ....... (rate expressed in cents or 106874
dollars and cents, such as "36 cents" or "$1.41") for each $100 of 106875
tax valuation, to pay the annual debt charges on the bonds, and to 106876
pay debt charges on any notes issued in anticipation of those 106877
bonds?106878

        106879

 FOR THE INCOME TAX AND BOND ISSUE 106880
 AGAINST THE INCOME TAX AND BOND ISSUE  " 106881

        106882

       (E) If the question submitted to electors proposes a school 106883
district income tax only on the taxable income of individuals as 106884
defined in division (E)(1)(b) of section 5748.01 of the Revised 106885
Code, the form of the ballot shall be modified by stating that the 106886
tax is to be levied on the "earned income of individuals residing 106887
in the school district" in lieu of the "school district income of 106888
individuals and of estates."106889

       (F) The board of elections promptly shall certify the results 106890
of the election to the tax commissioner and the county auditor of 106891
the county in which the school district is located. If a majority 106892
of the electors voting on the question vote in favor of it, the 106893
income tax and the applicable provisions of Chapter 5747. of the 106894
Revised Code shall take effect on the date specified in the 106895
resolution, and the board of education may proceed with issuance 106896
of the bonds and with the levy and collection of the property 106897
taxes to pay debt charges on the bonds, at the additional rate or 106898
any lesser rate in excess of the ten-mill limitation. Any 106899
securities issued by the board of education under this section are 106900
Chapter 133. securities, as that term is defined in section 133.01 106901
of the Revised Code.106902

       (G) After approval of a question under this section, the 106903
board of education may anticipate a fraction of the proceeds of 106904
the school district income tax in accordance with section 5748.05 106905
of the Revised Code. Any anticipation notes under this division 106906
shall be issued as provided in section 133.24 of the Revised Code, 106907
shall have principal payments during each year after the year of 106908
their issuance over a period not to exceed five years, and may 106909
have a principal payment in the year of their issuance.106910

       (H) The question of repeal of a school district income tax 106911
levied for more than five years may be initiated and submitted in 106912
accordance with section 5748.04 of the Revised Code.106913

       (I) No board of education shall submit a question under this 106914
section to the electors of the school district more than twice in 106915
any calendar year. If a board submits the question twice in any 106916
calendar year, one of the elections on the question shall be held 106917
on the date of the general election.106918

       Sec. 5751.01.  As used in this chapter:106919

       (A) "Person" means, but is not limited to, individuals, 106920
combinations of individuals of any form, receivers, assignees, 106921
trustees in bankruptcy, firms, companies, joint-stock companies, 106922
business trusts, estates, partnerships, limited liability 106923
partnerships, limited liability companies, associations, joint 106924
ventures, clubs, societies, for-profit corporations, S 106925
corporations, qualified subchapter S subsidiaries, qualified 106926
subchapter S trusts, trusts, entities that are disregarded for 106927
federal income tax purposes, and any other entities. 106928

       (B) "Consolidated elected taxpayer" means a group of two or 106929
more persons treated as a single taxpayer for purposes of this 106930
chapter as the result of an election made under section 5751.011 106931
of the Revised Code.106932

       (C) "Combined taxpayer" means a group of two or more persons 106933
treated as a single taxpayer for purposes of this chapter under 106934
section 5751.012 of the Revised Code.106935

       (D) "Taxpayer" means any person, or any group of persons in 106936
the case of a consolidated elected taxpayer or combined taxpayer 106937
treated as one taxpayer, required to register or pay tax under 106938
this chapter. "Taxpayer" does not include excluded persons.106939

        (E) "Excluded person" means any of the following:106940

       (1) Any person with not more than one hundred fifty thousand 106941
dollars of taxable gross receipts during the calendar year. 106942
Division (E)(1) of this section does not apply to a person that is 106943
a member of a consolidated elected taxpayer;106944

        (2) A public utility that paid the excise tax imposed by 106945
section 5727.24 or 5727.30 of the Revised Code based on one or 106946
more measurement periods that include the entire tax period under 106947
this chapter, except that a public utility that is a combined 106948
company is a taxpayer with regard to the following gross receipts:106949

        (a) Taxable gross receipts directly attributed to a public 106950
utility activity, but not directly attributed to an activity that 106951
is subject to the excise tax imposed by section 5727.24 or 5727.30 106952
of the Revised Code;106953

        (b) Taxable gross receipts that cannot be directly attributed 106954
to any activity, multiplied by a fraction whose numerator is the 106955
taxable gross receipts described in division (E)(2)(a) of this 106956
section and whose denominator is the total taxable gross receipts 106957
that can be directly attributed to any activity;106958

        (c) Except for any differences resulting from the use of an 106959
accrual basis method of accounting for purposes of determining 106960
gross receipts under this chapter and the use of the cash basis 106961
method of accounting for purposes of determining gross receipts 106962
under section 5727.24 of the Revised Code, the gross receipts 106963
directly attributed to the activity of a natural gas company shall 106964
be determined in a manner consistent with division (D) of section 106965
5727.03 of the Revised Code.106966

        As used in division (E)(2) of this section, "combined 106967
company" and "public utility" have the same meanings as in section 106968
5727.01 of the Revised Code.106969

       (3) A financial institution, as defined in section 5725.01 of 106970
the Revised Code, that paid the corporation franchise tax charged 106971
by division (D) of section 5733.06 of the Revised Code based on 106972
one or more taxable years that include the entire tax period under 106973
this chapter;106974

       (4) A dealer in intangibles, as defined in section 5725.01 of 106975
the Revised Code, that paid the dealer in intangibles tax levied 106976
by division (D) of section 5707.03 of the Revised Code based on 106977
one or more measurement periods that include the entire tax period 106978
under this chapter;106979

       (5) A financial holding company as defined in the "Bank 106980
Holding Company Act," 12 U.S.C. 1841(p);106981

        (6) A bank holding company as defined in the "Bank Holding 106982
Company Act," 12 U.S.C. 1841(a);106983

        (7) A savings and loan holding company as defined in the 106984
"Home Owners Loan Act," 12 U.S.C. 1467a(a)(1)(D) that is engaging 106985
only in activities or investments permissible for a financial 106986
holding company under 12 U.S.C. 1843(k);106987

        (8) A person directly or indirectly owned by one or more 106988
financial institutions, financial holding companies, bank holding 106989
companies, or savings and loan holding companies described in 106990
division (E)(3), (5), (6), or (7) of this section that is engaged 106991
in activities permissible for a financial holding company under 12 106992
U.S.C. 1843(k), except that any such person held pursuant to 106993
merchant banking authority under 12 U.S.C. 1843(k)(4)(H) or 12 106994
U.S.C. 1843(k)(4)(I) is not an excluded person, or a person 106995
directly or indirectly owned by one or more insurance companies 106996
described in division (E)(9) of this section that is authorized to 106997
do the business of insurance in this state.106998

        For the purposes of division (E)(8) of this section, a person 106999
owns another person under the following circumstances:107000

        (a) In the case of corporations issuing capital stock, one 107001
corporation owns another corporation if it owns fifty per cent or 107002
more of the other corporation's capital stock with current voting 107003
rights;107004

        (b) In the case of a limited liability company, one person 107005
owns the company if that person's membership interest, as defined 107006
in section 1705.01 of the Revised Code, is fifty per cent or more 107007
of the combined membership interests of all persons owning such 107008
interests in the company;107009

        (c) In the case of a partnership, trust, or other 107010
unincorporated business organization other than a limited 107011
liability company, one person owns the organization if, under the 107012
articles of organization or other instrument governing the affairs 107013
of the organization, that person has a beneficial interest in the 107014
organization's profits, surpluses, losses, or distributions of 107015
fifty per cent or more of the combined beneficial interests of all 107016
persons having such an interest in the organization;107017

        (d) In the case of multiple ownership, the ownership 107018
interests of more than one person may be aggregated to meet the 107019
fifty per cent ownership tests in this division only when each 107020
such owner is described in division (E)(3), (5), (6), or (7) of 107021
this section and is engaged in activities permissible for a 107022
financial holding company under 12 U.S.C. 1843(k) or is a person 107023
directly or indirectly owned by one or more insurance companies 107024
described in division (E)(9) of this section that is authorized to 107025
do the business of insurance in this state.107026

        (9) A domestic insurance company or foreign insurance 107027
company, as defined in section 5725.01 of the Revised Code, that 107028
paid the insurance company premiums tax imposed by section 5725.18 107029
or Chapter 5729. of the Revised Code based on one or more 107030
measurement periods that include the entire tax period under this 107031
chapter;107032

       (10) A person that solely facilitates or services one or more 107033
securitizations or similar transactions for any person described 107034
in division (E)(3), (5), (6), (7), (8), or (9) of this section. 107035
For purposes of this division, "securitization" means transferring 107036
one or more assets to one or more persons and then issuing 107037
securities backed by the right to receive payment from the asset 107038
or assets so transferred.107039

       (11) Except as otherwise provided in this division, a 107040
pre-income tax trust as defined in division (FF)(4) of section 107041
5747.01 of the Revised Code and any pass-through entity of which 107042
such pre-income tax trust owns or controls, directly, indirectly, 107043
or constructively through related interests, more than five per 107044
cent of the ownership or equity interests. If the pre-income tax 107045
trust has made a qualifying pre-income tax trust election under 107046
division (FF)(3) of section 5747.01 of the Revised Code, then the 107047
trust and the pass-through entities of which it owns or controls, 107048
directly, indirectly, or constructively through related interests, 107049
more than five per cent of the ownership or equity interests, 107050
shall not be excluded persons for purposes of the tax imposed 107051
under section 5751.02 of the Revised Code.107052

       (12) Nonprofit organizations or the state and its agencies, 107053
instrumentalities, or political subdivisions.107054

       (F) Except as otherwise provided in divisions (F)(2), (3), 107055
and (4) of this section, "gross receipts" means the total amount 107056
realized by a person, without deduction for the cost of goods sold 107057
or other expenses incurred, that contributes to the production of 107058
gross income of the person, including the fair market value of any 107059
property and any services received, and any debt transferred or 107060
forgiven as consideration. In the case of a person that is a 107061
casino operator of casino facilities, as those terms are defined 107062
in section 3772.01 of the Revised Code, "gross receipts" for the 107063
purposes of this chapter only shall be determined without 107064
deduction for any winnings paid to wagerers.107065

       (1) The following are examples of gross receipts:107066

       (a) Amounts realized from the sale, exchange, or other 107067
disposition of the taxpayer's property to or with another;107068

       (b) Amounts realized from the taxpayer's performance of 107069
services for another;107070

       (c) Amounts realized from another's use or possession of the 107071
taxpayer's property or capital;107072

       (d) Any combination of the foregoing amounts.107073

       (2) "Gross receipts" excludes the following amounts:107074

       (a) Interest income except interest on credit sales;107075

       (b) Dividends and distributions from corporations, and 107076
distributive or proportionate shares of receipts and income from a 107077
pass-through entity as defined under section 5733.04 of the 107078
Revised Code;107079

       (c) Receipts from the sale, exchange, or other disposition of 107080
an asset described in section 1221 or 1231 of the Internal Revenue 107081
Code, without regard to the length of time the person held the 107082
asset. Notwithstanding section 1221 of the Internal Revenue Code, 107083
receipts from hedging transactions also are excluded to the extent 107084
the transactions are entered into primarily to protect a financial 107085
position, such as managing the risk of exposure to (i) foreign 107086
currency fluctuations that affect assets, liabilities, profits, 107087
losses, equity, or investments in foreign operations; (ii) 107088
interest rate fluctuations; or (iii) commodity price fluctuations. 107089
As used in division (F)(2)(c) of this section, "hedging 107090
transaction" has the same meaning as used in section 1221 of the 107091
Internal Revenue Code and also includes transactions accorded 107092
hedge accounting treatment under statement of financial accounting 107093
standards number 133 of the financial accounting standards board. 107094
For the purposes of division (F)(2)(c) of this section, the actual 107095
transfer of title of real or tangible personal property to another 107096
entity is not a hedging transaction.107097

       (d) Proceeds received attributable to the repayment, 107098
maturity, or redemption of the principal of a loan, bond, mutual 107099
fund, certificate of deposit, or marketable instrument;107100

       (e) The principal amount received under a repurchase 107101
agreement or on account of any transaction properly characterized 107102
as a loan to the person;107103

       (f) Contributions received by a trust, plan, or other 107104
arrangement, any of which is described in section 501(a) of the 107105
Internal Revenue Code, or to which Title 26, Subtitle A, Chapter 107106
1, Subchapter (D) of the Internal Revenue Code applies;107107

       (g) Compensation, whether current or deferred, and whether in 107108
cash or in kind, received or to be received by an employee, former 107109
employee, or the employee's legal successor for services rendered 107110
to or for an employer, including reimbursements received by or for 107111
an individual for medical or education expenses, health insurance 107112
premiums, or employee expenses, or on account of a dependent care 107113
spending account, legal services plan, any cafeteria plan 107114
described in section 125 of the Internal Revenue Code, or any 107115
similar employee reimbursement;107116

       (h) Proceeds received from the issuance of the taxpayer's own 107117
stock, options, warrants, puts, or calls, or from the sale of the 107118
taxpayer's treasury stock;107119

       (i) Proceeds received on the account of payments from 107120
insurance policies, except those proceeds received for the loss of 107121
business revenue;107122

       (j) Gifts or charitable contributions received; membership 107123
dues received by trade, professional, homeowners', or condominium 107124
associations; and payments received for educational courses, 107125
meetings, meals, or similar payments to a trade, professional, or 107126
other similar association; and fundraising receipts received by 107127
any person when any excess receipts are donated or used 107128
exclusively for charitable purposes;107129

       (k) Damages received as the result of litigation in excess of 107130
amounts that, if received without litigation, would be gross 107131
receipts;107132

       (l) Property, money, and other amounts received or acquired 107133
by an agent on behalf of another in excess of the agent's 107134
commission, fee, or other remuneration;107135

       (m) Tax refunds, other tax benefit recoveries, and 107136
reimbursements for the tax imposed under this chapter made by 107137
entities that are part of the same combined taxpayer or 107138
consolidated elected taxpayer group, and reimbursements made by 107139
entities that are not members of a combined taxpayer or 107140
consolidated elected taxpayer group that are required to be made 107141
for economic parity among multiple owners of an entity whose tax 107142
obligation under this chapter is required to be reported and paid 107143
entirely by one owner, pursuant to the requirements of sections 107144
5751.011 and 5751.012 of the Revised Code;107145

       (n) Pension reversions;107146

       (o) Contributions to capital;107147

       (p) Sales or use taxes collected as a vendor or an 107148
out-of-state seller on behalf of the taxing jurisdiction from a 107149
consumer or other taxes the taxpayer is required by law to collect 107150
directly from a purchaser and remit to a local, state, or federal 107151
tax authority;107152

       (q) In the case of receipts from the sale of cigarettes or 107153
tobacco products by a wholesale dealer, retail dealer, 107154
distributor, manufacturer, or seller, all as defined in section 107155
5743.01 of the Revised Code, an amount equal to the federal and 107156
state excise taxes paid by any person on or for such cigarettes or 107157
tobacco products under subtitle E of the Internal Revenue Code or 107158
Chapter 5743. of the Revised Code;107159

       (r) In the case of receipts from the sale of motor fuel by a 107160
licensed motor fuel dealer, licensed retail dealer, or licensed 107161
permissive motor fuel dealer, all as defined in section 5735.01 of 107162
the Revised Code, an amount equal to federal and state excise 107163
taxes paid by any person on such motor fuel under section 4081 of 107164
the Internal Revenue Code or Chapter 5735. of the Revised Code;107165

       (s) In the case of receipts from the sale of beer or 107166
intoxicating liquor, as defined in section 4301.01 of the Revised 107167
Code, by a person holding a permit issued under Chapter 4301. or 107168
4303. of the Revised Code, an amount equal to federal and state 107169
excise taxes paid by any person on or for such beer or 107170
intoxicating liquor under subtitle E of the Internal Revenue Code 107171
or Chapter 4301. or 4305. of the Revised Code;107172

        (t) Receipts realized by a new motor vehicle dealer or used 107173
motor vehicle dealer, as defined in section 4517.01 of the Revised 107174
Code, from the sale or other transfer of a motor vehicle, as 107175
defined in that section, to another motor vehicle dealer for the 107176
purpose of resale by the transferee motor vehicle dealer, but only 107177
if the sale or other transfer was based upon the transferee's need 107178
to meet a specific customer's preference for a motor vehicle;107179

       (u) Receipts from a financial institution described in 107180
division (E)(3) of this section for services provided to the 107181
financial institution in connection with the issuance, processing, 107182
servicing, and management of loans or credit accounts, if such 107183
financial institution and the recipient of such receipts have at 107184
least fifty per cent of their ownership interests owned or 107185
controlled, directly or constructively through related interests, 107186
by common owners;107187

       (v) Receipts realized from administering anti-neoplastic 107188
drugs and other cancer chemotherapy, biologicals, therapeutic 107189
agents, and supportive drugs in a physician's office to patients 107190
with cancer;107191

       (w) Funds received or used by a mortgage broker that is not a 107192
dealer in intangibles, other than fees or other consideration, 107193
pursuant to a table-funding mortgage loan or warehouse-lending 107194
mortgage loan. Terms used in division (F)(2)(w) of this section 107195
have the same meanings as in section 1322.01 of the Revised Code, 107196
except "mortgage broker" means a person assisting a buyer in 107197
obtaining a mortgage loan for a fee or other consideration paid by 107198
the buyer or a lender, or a person engaged in table-funding or 107199
warehouse-lending mortgage loans that are first lien mortgage 107200
loans.107201

        (x) Property, money, and other amounts received by a 107202
professional employer organization, as defined in section 4125.01 107203
of the Revised Code, from a client employer, as defined in that 107204
section, in excess of the administrative fee charged by the 107205
professional employer organization to the client employer;107206

       (y) In the case of amounts retained as commissions by a 107207
permit holder under Chapter 3769. of the Revised Code, an amount 107208
equal to the amounts specified under that chapter that must be 107209
paid to or collected by the tax commissioner as a tax and the 107210
amounts specified under that chapter to be used as purse money;107211

       (z) Qualifying distribution center receipts.107212

       (i) For purposes of division (F)(2)(z) of this section:107213

       (I) "Qualifying distribution center receipts" means receipts 107214
of a supplier from qualified property that is delivered to a 107215
qualified distribution center, multiplied by a quantity that 107216
equals one minus the Ohio delivery percentage.107217

       (II) "Qualified property" means tangible personal property 107218
delivered to a qualified distribution center that is shipped to 107219
that qualified distribution center solely for further shipping by 107220
the qualified distribution center to another location in this 107221
state or elsewhere. "Further shipping" includes storing and 107222
repackaging such property into smaller or larger bundles, so long 107223
as such property is not subject to further manufacturing or 107224
processing.107225

       (III) "Qualified distribution center" means a warehouse or 107226
other similar facility in this state that, for the qualifying 107227
year, is operated by a person that is not part of a combined 107228
taxpayer group and that has a qualifying certificate. However, all 107229
warehouses or other similar facilities that are operated by 107230
persons in the same taxpayer group and that are located within one 107231
mile of each other shall be treated as one qualified distribution 107232
center.107233

       (IV) "Qualifying year" means the calendar year to which the 107234
qualifying certificate applies.107235

       (V) "Qualifying period" means the period of the first day of 107236
July of the second year preceding the qualifying year through the 107237
thirtieth day of June of the year preceding the qualifying year.107238

       (VI) "Qualifying certificate" means the certificate issued by 107239
the tax commissioner after the operator of a distribution center 107240
files an annual application with the commissioner. The application 107241
and annual fee shall be filed and paid for each qualified 107242
distribution center on or before the first day of September before 107243
the qualifying year or within forty-five days after the 107244
distribution center opens, whichever is later.107245

       The applicant must substantiate to the commissioner's 107246
satisfaction that, for the qualifying period, all persons 107247
operating the distribution center have more than fifty per cent of 107248
the cost of the qualified property shipped to a location such that 107249
it would be sitused outside this state under the provisions of 107250
division (E) of section 5751.033 of the Revised Code. The 107251
applicant must also substantiate that the distribution center 107252
cumulatively had costs from its suppliers equal to or exceeding 107253
five hundred million dollars during the qualifying period. (For 107254
purposes of division (F)(2)(z)(i)(VI) of this section, "supplier" 107255
excludes any person that is part of the consolidated elected 107256
taxpayer group, if applicable, of the operator of the qualified 107257
distribution center.) The commissioner may require the applicant 107258
to have an independent certified public accountant certify that 107259
the calculation of the minimum thresholds required for a qualified 107260
distribution center by the operator of a distribution center has 107261
been made in accordance with generally accepted accounting 107262
principles. The commissioner shall issue or deny the issuance of a 107263
certificate within sixty days after the receipt of the 107264
application. A denial is subject to appeal under section 5717.02 107265
of the Revised Code. If the operator files a timely appeal under 107266
section 5717.02 of the Revised Code, the operator shall be granted 107267
a qualifying certificate, provided that the operator is liable for 107268
any tax, interest, or penalty upon amounts claimed as qualifying 107269
distribution center receipts, other than those receipts exempt 107270
under division (C)(1) of section 5751.011 of the Revised Code, 107271
that would have otherwise not been owed by its suppliers if the 107272
qualifying certificate was valid.107273

       (VII) "Ohio delivery percentage" means the proportion of the 107274
total property delivered to a destination inside Ohio from the 107275
qualified distribution center during the qualifying period 107276
compared with total deliveries from such distribution center 107277
everywhere during the qualifying period.107278

       (ii) If the distribution center is new and was not open for 107279
the entire qualifying period, the operator of the distribution 107280
center may request that the commissioner grant a qualifying 107281
certificate. If the certificate is granted and it is later 107282
determined that more than fifty per cent of the qualified property 107283
during that year was not shipped to a location such that it would 107284
be sitused outside of this state under the provisions of division 107285
(E) of section 5751.033 of the Revised Code or if it is later 107286
determined that the person that operates the distribution center 107287
had average monthly costs from its suppliers of less than forty 107288
million dollars during that year, then the operator of the 107289
distribution center shall be liable for any tax, interest, or 107290
penalty upon amounts claimed as qualifying distribution center 107291
receipts, other than those receipts exempt under division (C)(1) 107292
of section 5751.011 of the Revised Code, that would have not 107293
otherwise been owed by its suppliers during the qualifying year if 107294
the qualifying certificate was valid. (For purposes of division 107295
(F)(2)(z)(ii) of this section, "supplier" excludes any person that 107296
is part of the consolidated elected taxpayer group, if applicable, 107297
of the operator of the qualified distribution center.)107298

       (iii) When filing an application for a qualifying certificate 107299
under division (F)(2)(z)(i)(VI) of this section, the operator of a 107300
qualified distribution center also shall provide documentation, as 107301
the commissioner requires, for the commissioner to ascertain the 107302
Ohio delivery percentage. The commissioner, upon issuing the 107303
qualifying certificate, also shall certify the Ohio delivery 107304
percentage. The operator of the qualified distribution center may 107305
appeal the commissioner's certification of the Ohio delivery 107306
percentage in the same manner as an appeal is taken from the 107307
denial of a qualifying certificate under division (F)(2)(z)(i)(VI) 107308
of this section.107309

       Within thirty days after all appeals have been exhausted, the 107310
operator of the qualified distribution center shall notify the 107311
affected suppliers of qualified property that such suppliers are 107312
required to file, within sixty days after receiving notice from 107313
the operator of the qualified distribution center, amended reports 107314
for the impacted calendar quarter or quarters or calendar year, 107315
whichever the case may be. Any additional tax liability or tax 107316
overpayment shall be subject to interest but shall not be subject 107317
to the imposition of any penalty so long as the amended returns 107318
are timely filed. The supplier of tangible personal property 107319
delivered to the qualified distribution center shall include in 107320
its report of taxable gross receipts the receipts from the total 107321
sales of property delivered to the qualified distribution center 107322
for the calendar quarter or calendar year, whichever the case may 107323
be, multiplied by the Ohio delivery percentage for the qualifying 107324
year. Nothing in division (F)(2)(z)(iii) of this section shall be 107325
construed as imposing liability on the operator of a qualified 107326
distribution center for the tax imposed by this chapter arising 107327
from any change to the Ohio delivery percentage.107328

       (iv) In the case where the distribution center is new and not 107329
open for the entire qualifying period, the operator shall make a 107330
good faith estimate of an Ohio delivery percentage for use by 107331
suppliers in their reports of taxable gross receipts for the 107332
remainder of the qualifying period. The operator of the facility 107333
shall disclose to the suppliers that such Ohio delivery percentage 107334
is an estimate and is subject to recalculation. By the due date of 107335
the next application for a qualifying certificate, the operator 107336
shall determine the actual Ohio delivery percentage for the 107337
estimated qualifying period and proceed as provided in division 107338
(F)(2)(z)(iii) of this section with respect to the calculation and 107339
recalculation of the Ohio delivery percentage. The supplier is 107340
required to file, within sixty days after receiving notice from 107341
the operator of the qualified distribution center, amended reports 107342
for the impacted calendar quarter or quarters or calendar year, 107343
whichever the case may be. Any additional tax liability or tax 107344
overpayment shall be subject to interest but shall not be subject 107345
to the imposition of any penalty so long as the amended returns 107346
are timely filed.107347

       (v) Qualifying certificates and Ohio delivery percentages 107348
issued by the commissioner shall be open to public inspection and 107349
shall be timely published by the commissioner. A supplier relying 107350
in good faith on a certificate issued under this division shall 107351
not be subject to tax on the qualifying distribution center 107352
receipts under division (F)(2)(z) of this section. A person 107353
receiving a qualifying certificate is responsible for paying the 107354
tax, interest, and penalty upon amounts claimed as qualifying 107355
distribution center receipts that would not otherwise have been 107356
owed by the supplier if the qualifying certificate were available 107357
when it is later determined that the qualifying certificate should 107358
not have been issued because the statutory requirements were in 107359
fact not met.107360

       (vi) The annual fee for a qualifying certificate shall be one 107361
hundred thousand dollars for each qualified distribution center. 107362
If a qualifying certificate is not issued, the annual fee is 107363
subject to refund after the exhaustion of all appeals provided for 107364
in division (F)(2)(z)(i)(VI) of this section. The fee imposed 107365
under this division may be assessed in the same manner as the tax 107366
imposed under this chapter. The first one hundred thousand dollars 107367
of the annual application fees collected each calendar year shall 107368
be credited to the commercial activity tax administrative fund. 107369
The remainder of the annual application fees collected shall be 107370
distributed in the same manner required under section 5751.20 of 107371
the Revised Code.107372

       (vii) The tax commissioner may require that adequate security 107373
be posted by the operator of the distribution center on appeal 107374
when the commissioner disagrees that the applicant has met the 107375
minimum thresholds for a qualified distribution center as set 107376
forth in divisions (F)(2)(z)(i)(VI) and (F)(2)(z)(ii) of this 107377
section.107378

       (aa) Receipts of an employer from payroll deductions relating 107379
to the reimbursement of the employer for advancing moneys to an 107380
unrelated third party on an employee's behalf;107381

        (bb) Cash discounts allowed and taken;107382

       (cc) Returns and allowances;107383

       (dd) Bad debts from receipts on the basis of which the tax 107384
imposed by this chapter was paid in a prior quarterly tax payment 107385
period. For the purpose of this division, "bad debts" means any 107386
debts that have become worthless or uncollectible between the 107387
preceding and current quarterly tax payment periods, have been 107388
uncollected for at least six months, and that may be claimed as a 107389
deduction under section 166 of the Internal Revenue Code and the 107390
regulations adopted under that section, or that could be claimed 107391
as such if the taxpayer kept its accounts on the accrual basis. 107392
"Bad debts" does not include repossessed property, uncollectible 107393
amounts on property that remains in the possession of the taxpayer 107394
until the full purchase price is paid, or expenses in attempting 107395
to collect any account receivable or for any portion of the debt 107396
recovered;107397

       (ee) Any amount realized from the sale of an account 107398
receivable to the extent the receipts from the underlying 107399
transaction giving rise to the account receivable were included in 107400
the gross receipts of the taxpayer;107401

       (ff) Any receipts directly attributed to providing public 107402
services pursuant to a contract entered into under section 9.06 of 107403
the Revised Code and described in division (J) of that section, or 107404
pursuant to sections 126.60 to 126.605 of the Revised Code, or any 107405
receipts directly attributed to a transfer agreement or to the 107406
enterprise transferred under that agreement under section 4313.02 107407
of the Revised Code.107408

       (gg) Any receipts for which the tax imposed by this chapter 107409
is prohibited by the Constitution or laws of the United States or 107410
the Constitution of Ohio.107411

       (gg)(hh) Amounts realized by licensed motor fuel dealers or 107412
licensed permissive motor fuel dealers from the exchange of 107413
petroleum products, including motor fuel, between such dealers, 107414
provided that delivery of the petroleum products occurs at a 107415
refinery, terminal, pipeline, or marine vessel and that the 107416
exchanging dealers agree neither dealer shall require monetary 107417
compensation from the other for the value of the exchanged 107418
petroleum products other than such compensation for differences in 107419
product location or grade. Division (F)(2)(gg)(hh) of this section 107420
does not apply to amounts realized as a result of differences in 107421
location or grade of exchanged petroleum products or from 107422
handling, lubricity, dye, or other additive injections fees, 107423
pipeline security fees, or similar fees. As used in this division, 107424
"motor fuel," "licensed motor fuel dealer," "licensed permissive 107425
motor fuel dealer," and "terminal" have the same meanings as in 107426
section 5735.01 of the Revised Code.107427

        (3) In the case of a taxpayer when acting as a real estate 107428
broker, "gross receipts" includes only the portion of any fee for 107429
the service of a real estate broker, or service of a real estate 107430
salesperson associated with that broker, that is retained by the 107431
broker and not paid to an associated real estate salesperson or 107432
another real estate broker. For the purposes of this division, 107433
"real estate broker" and "real estate salesperson" have the same 107434
meanings as in section 4735.01 of the Revised Code.107435

       (4) A taxpayer's method of accounting for gross receipts for 107436
a tax period shall be the same as the taxpayer's method of 107437
accounting for federal income tax purposes for the taxpayer's 107438
federal taxable year that includes the tax period. If a taxpayer's 107439
method of accounting for federal income tax purposes changes, its 107440
method of accounting for gross receipts under this chapter shall 107441
be changed accordingly.107442

       (G) "Taxable gross receipts" means gross receipts sitused to 107443
this state under section 5751.033 of the Revised Code.107444

       (H) A person has "substantial nexus with this state" if any 107445
of the following applies. The person:107446

       (1) Owns or uses a part or all of its capital in this state;107447

       (2) Holds a certificate of compliance with the laws of this 107448
state authorizing the person to do business in this state;107449

       (3) Has bright-line presence in this state;107450

       (4) Otherwise has nexus with this state to an extent that the 107451
person can be required to remit the tax imposed under this chapter 107452
under the Constitution of the United States.107453

       (I) A person has "bright-line presence" in this state for a 107454
reporting period and for the remaining portion of the calendar 107455
year if any of the following applies. The person:107456

       (1) Has at any time during the calendar year property in this 107457
state with an aggregate value of at least fifty thousand dollars. 107458
For the purpose of division (I)(1) of this section, owned property 107459
is valued at original cost and rented property is valued at eight 107460
times the net annual rental charge.107461

       (2) Has during the calendar year payroll in this state of at 107462
least fifty thousand dollars. Payroll in this state includes all 107463
of the following:107464

       (a) Any amount subject to withholding by the person under 107465
section 5747.06 of the Revised Code;107466

       (b) Any other amount the person pays as compensation to an 107467
individual under the supervision or control of the person for work 107468
done in this state; and107469

       (c) Any amount the person pays for services performed in this 107470
state on its behalf by another.107471

       (3) Has during the calendar year taxable gross receipts of at 107472
least five hundred thousand dollars.107473

       (4) Has at any time during the calendar year within this 107474
state at least twenty-five per cent of the person's total 107475
property, total payroll, or total gross receipts.107476

       (5) Is domiciled in this state as an individual or for 107477
corporate, commercial, or other business purposes.107478

       (J) "Tangible personal property" has the same meaning as in 107479
section 5739.01 of the Revised Code.107480

       (K) "Internal Revenue Code" means the Internal Revenue Code 107481
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in 107482
this chapter that is not otherwise defined has the same meaning as 107483
when used in a comparable context in the laws of the United States 107484
relating to federal income taxes unless a different meaning is 107485
clearly required. Any reference in this chapter to the Internal 107486
Revenue Code includes other laws of the United States relating to 107487
federal income taxes.107488

       (L) "Calendar quarter" means a three-month period ending on 107489
the thirty-first day of March, the thirtieth day of June, the 107490
thirtieth day of September, or the thirty-first day of December.107491

       (M) "Tax period" means the calendar quarter or calendar year 107492
on the basis of which a taxpayer is required to pay the tax 107493
imposed under this chapter.107494

       (N) "Calendar year taxpayer" means a taxpayer for which the 107495
tax period is a calendar year.107496

       (O) "Calendar quarter taxpayer" means a taxpayer for which 107497
the tax period is a calendar quarter.107498

       (P) "Agent" means a person authorized by another person to 107499
act on its behalf to undertake a transaction for the other, 107500
including any of the following:107501

        (1) A person receiving a fee to sell financial instruments;107502

        (2) A person retaining only a commission from a transaction 107503
with the other proceeds from the transaction being remitted to 107504
another person;107505

        (3) A person issuing licenses and permits under section 107506
1533.13 of the Revised Code;107507

        (4) A lottery sales agent holding a valid license issued 107508
under section 3770.05 of the Revised Code;107509

        (5) A person acting as an agent of the division of liquor 107510
control under section 4301.17 of the Revised Code.107511

       (Q) "Received" includes amounts accrued under the accrual 107512
method of accounting.107513

       (R) "Reporting person" means a person in a consolidated 107514
elected taxpayer or combined taxpayer group that is designated by 107515
that group to legally bind the group for all filings and tax 107516
liabilities and to receive all legal notices with respect to 107517
matters under this chapter, or, for the purposes of section 107518
5751.04 of the Revised Code, a separate taxpayer that is not a 107519
member of such a group.107520

       Sec. 5751.011.  (A) A group of two or more persons may elect 107521
to be a consolidated elected taxpayer for the purposes of this 107522
chapter if the group satisfies all of the following requirements:107523

       (1) The group elects to include all persons, including 107524
persons enumerated in divisions (E)(2) to (10) of section 5751.01 107525
of the Revised Code, having at least eighty per cent, or having at 107526
least fifty per cent, of the value of their ownership interests 107527
owned or controlled, directly or constructively through related 107528
interests, by common owners during all or any portion of the tax 107529
period, together with the common owners. 107530

       A group making its initial election on the basis of the 107531
eighty per cent ownership test may change its election so that its 107532
consolidated elected taxpayer group is formed on the basis of the 107533
fifty per cent ownership test if all of the following are 107534
satisfied:107535

        (a) When the initial election was made, the group did not 107536
have any persons satisfying the fifty per cent ownership test;107537

       (b) One or more of the persons in the initial group 107538
subsequently acquires ownership interests in a person such that 107539
the fifty per cent ownership test is satisfied, the eighty per 107540
cent ownership test is not satisfied, and the acquired person 107541
would be required to be included in a combined taxpayer group 107542
under section 5751.012 of the Revised Code;107543

       (c) The group requests the change in a written request to the 107544
tax commissioner on or before the due date for filing the first 107545
return due under section 5751.051 of the Revised Code after the 107546
date of the acquisition;107547

       (d) The group has not previously changed its election.107548

       At the election of the group, all entities that are not 107549
incorporated or formed under the laws of a state or of the United 107550
States and that meet the consolidated elected ownership test shall 107551
either be included in the group or all shall be excluded from the 107552
group. If, at the time of registration, the group does not include 107553
any such entities that meet the consolidated elected ownership 107554
test, the group shall elect to either include or exclude the newly 107555
acquired entities before the due date of the first return due 107556
after the date of the acquisition.107557

       Each group shall notify the tax commissioner of the foregoing 107558
elections before the due date of the return for the period in 107559
which the election becomes binding. If fifty per cent of the value 107560
of a person's ownership interests is owned or controlled by each 107561
of two consolidated elected taxpayer groups formed under the fifty 107562
per cent ownership or control test, that person is a member of 107563
each group for the purposes of this section, and each group shall 107564
include in the group's taxable gross receipts fifty per cent of 107565
that person's taxable gross receipts. Otherwise, all of that 107566
person's taxable gross receipts shall be included in the taxable 107567
gross receipts of the consolidated elected taxpayer group of which 107568
the person is a member. In no event shall the ownership or control 107569
of fifty per cent of the value of a person's ownership interests 107570
by two otherwise unrelated groups form the basis for consolidating 107571
the groups into a single consolidated elected taxpayer group or 107572
permit any exclusion under division (C) of this section of taxable 107573
gross receipts between members of the two groups. Division (A)(3) 107574
of this section applies with respect to the elections described in 107575
this division.107576

       (2) The group makes the election to be treated as a 107577
consolidated elected taxpayer in the manner prescribed under 107578
division (D) of this section.107579

       (3) Subject to review and audit by the tax commissioner, the 107580
group agrees that all of the following apply:107581

       (a) The group shall file reports as a single taxpayer for at 107582
least the next eight calendar quarters following the election so 107583
long as at least two or more of the members of the group meet the 107584
requirements of division (A)(1) of this section.107585

       (b) Before the expiration of the eighth such calendar 107586
quarter, the group shall notify the commissioner if it elects to 107587
cancel its designation as a consolidated elected taxpayer. If the 107588
group does not so notify the tax commissioner, the election 107589
remains in effect for another eight calendar quarters.107590

       (c) If, at any time during any of those eight calendar 107591
quarters following the election, a former member of the group no 107592
longer meets the requirements under division (A)(1) of this 107593
section, that member shall report and pay the tax imposed under 107594
this chapter separately, as a member of a combined taxpayer, or, 107595
if the former member satisfies such requirements with respect to 107596
another consolidated elected group, as a member of that 107597
consolidated elected group.107598

       (d) The group agrees to the application of division (B) of 107599
this section.107600

       (B) A group of persons making the election under this section 107601
shall report and pay tax on all of the group's taxable gross 107602
receipts even if substantial nexus with this state does not exist 107603
for one or more persons in the group.107604

       (C)(1)(a) Members of a consolidated elected taxpayer group 107605
shall exclude gross receipts among persons included in the 107606
consolidated elected taxpayer group.107607

       (b) Subject to divisions (C)(1)(c) and (C)(2) of this 107608
section, nothing in this section shall have the effect of 107609
requiring a consolidated elected taxpayer group to include gross 107610
receipts received by a person enumerated in divisions (E)(2) to 107611
(10) of section 5751.01 of the Revised Code if that person is a 107612
member of the group pursuant to the elections made by the group 107613
under division (A)(1) of this section.107614

        (c)(i) As used in division (C)(1)(c) of this section, "dealer 107615
transfer" means a transfer of property that satisfies both of the 107616
following: (I) the property is directly transferred by any means 107617
from one member of the group to another member of the group that 107618
is a dealer in intangibles but is not a qualifying dealer as 107619
defined in section 5725.245707.031 of the Revised Code; and (II) 107620
the property is subsequently delivered by the dealer in 107621
intangibles to a person that is not a member of the group.107622

        (ii) In the event of a dealer transfer, a consolidated 107623
elected taxpayer group shall not exclude, under division (C) of 107624
this section, gross receipts from the transfer described in 107625
division (C)(1)(c)(i)(I) of this section.107626

       (2) Gross receipts related to the sale or transmission of 107627
electricity through the use of an intermediary regional 107628
transmission organization approved by the federal energy 107629
regulatory commission shall be excluded from taxable gross 107630
receipts under division (C)(1) of this section if all other 107631
requirements of that division are met, even if the receipts are 107632
from and to the same member of the group.107633

       (D) To make the election to be a consolidated elected 107634
taxpayer, a group of persons shall notify the tax commissioner of 107635
the election in the manner prescribed by the commissioner and pay 107636
the commissioner a registration fee equal to the lesser of two 107637
hundred dollars or twenty dollars for each person in the group. No 107638
additional fee shall be imposed for the addition of new members to 107639
the group once the group has remitted a fee in the amount of two 107640
hundred dollars. The election shall be made and the fee paid 107641
before the beginning of the first calendar quarter to which the 107642
election applies. The fee shall be collected and used in the same 107643
manner as provided in section 5751.04 of the Revised Code.107644

       The election shall be made on a form prescribed by the tax 107645
commissioner for that purpose and shall be signed by one or more 107646
individuals with authority, separately or together, to make a 107647
binding election on behalf of all persons in the group. 107648

       Any person acquired or formed after the filing of the 107649
registration shall be included in the group if the person meets 107650
the requirements of division (A)(1) of this section, and the group 107651
shall notify the tax commissioner of any additions to the group 107652
with the next tax return it files with the commissioner.107653

       Sec. 5751.20.  (A) As used in sections 5751.20 to 5751.22 of 107654
the Revised Code:107655

       (1) "School district," "joint vocational school district," 107656
"local taxing unit," "recognized valuation," "fixed-rate levy," 107657
and "fixed-sum levy" have the same meanings as used in section 107658
5727.84 of the Revised Code.107659

       (2) "State education aid" for a school district means the 107660
following:107661

       (a) For fiscal years prior to fiscal year 2010, the sum of 107662
state aid amounts computed for the district under the following 107663
provisions, as they existed for the applicable fiscal year:107664
division (A) of section 3317.022 of the Revised Code, including 107665
the amounts calculated under sections 3317.029 and 3317.0217 of 107666
the Revised Code; divisions (C)(1), (C)(4), (D), (E), and (F) of 107667
section 3317.022; divisions (B), (C), and (D) of section 3317.023; 107668
divisions (L) and (N) of section 3317.024; section 3317.0216; and 107669
any unit payments for gifted student services paid under sections 107670
3317.05, 3317.052, and 3317.053 of the Revised Code; except that, 107671
for fiscal years 2008 and 2009, the amount computed for the 107672
district under Section 269.20.80 of H.B. 119 of the 127th general 107673
assembly and as that section subsequently may be amended shall be 107674
substituted for the amount computed under division (D) of section 107675
3317.022 of the Revised Code, and the amount computed under 107676
Section 269.30.80 of H.B. 119 of the 127th general assembly and as 107677
that section subsequently may be amended shall be included.107678

       (b) For fiscal yearyears 2010 and for each fiscal year 107679
thereafter2011, the sum of the amounts computed under former107680
sections 3306.052, 3306.12, 3306.13, 3306.19, 3306.191, and 107681
3306.192 of the Revised Code.;107682

       (c) For fiscal years 2012 and 2013, the amount paid in 107683
accordance with the section of H.B. 153 of the 129th general 107684
assembly entitled "FUNDING FOR CITY, EXEMPTED VILLAGE, AND LOCAL 107685
SCHOOL DISTRICTS."107686

       (3) "State education aid" for a joint vocational school 107687
district means the following:107688

       (a) For fiscal years prior to fiscal year 2010, the sum of 107689
the state aid computed for the district under division (N) of 107690
section 3317.024 and section 3317.16 of the Revised Code, except 107691
that, for fiscal years 2008 and 2009, the amount computed under 107692
Section 269.30.80 of H.B. 119 of the 127th general assembly and as 107693
that section subsequently may be amended shall be included.107694

       (b) For fiscal years 2010 and 2011, the amount paid in 107695
accordance with the section of this actH.B. 1 of the 128th 107696
general assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL 107697
DISTRICTS."107698

       (c) For fiscal years 2012 and 2013, the amount paid in 107699
accordance with the section of H.B. 153 of the 129th general 107700
assembly entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL DISTRICTS."107701

        (4) "State education aid offset" means the amount determined 107702
for each school district or joint vocational school district under 107703
division (A)(1) of section 5751.21 of the Revised Code.107704

       (5) "Machinery and equipment property tax value loss" means 107705
the amount determined under division (C)(1) of this section.107706

       (6) "Inventory property tax value loss" means the amount 107707
determined under division (C)(2) of this section.107708

       (7) "Furniture and fixtures property tax value loss" means 107709
the amount determined under division (C)(3) of this section.107710

        (8) "Machinery and equipment fixed-rate levy loss" means the 107711
amount determined under division (D)(1) of this section.107712

       (9) "Inventory fixed-rate levy loss" means the amount 107713
determined under division (D)(2) of this section.107714

       (10) "Furniture and fixtures fixed-rate levy loss" means the 107715
amount determined under division (D)(3) of this section.107716

       (11) "Total fixed-rate levy loss" means the sum of the 107717
machinery and equipment fixed-rate levy loss, the inventory 107718
fixed-rate levy loss, the furniture and fixtures fixed-rate levy 107719
loss, and the telephone company fixed-rate levy loss.107720

       (12) "Fixed-sum levy loss" means the amount determined under 107721
division (E) of this section.107722

       (13) "Machinery and equipment" means personal property 107723
subject to the assessment rate specified in division (F) of 107724
section 5711.22 of the Revised Code.107725

       (14) "Inventory" means personal property subject to the 107726
assessment rate specified in division (E) of section 5711.22 of 107727
the Revised Code.107728

       (15) "Furniture and fixtures" means personal property subject 107729
to the assessment rate specified in division (G) of section 107730
5711.22 of the Revised Code.107731

       (16) "Qualifying levies" are levies in effect for tax year 107732
2004 or applicable to tax year 2005 or approved at an election 107733
conducted before September 1, 2005. For the purpose of determining 107734
the rate of a qualifying levy authorized by section 5705.212 or 107735
5705.213 of the Revised Code, the rate shall be the rate that 107736
would be in effect for tax year 2010.107737

       (17) "Telephone property" means tangible personal property of 107738
a telephone, telegraph, or interexchange telecommunications 107739
company subject to an assessment rate specified in section 107740
5727.111 of the Revised Code in tax year 2004.107741

       (18) "Telephone property tax value loss" means the amount 107742
determined under division (C)(4) of this section.107743

       (19) "Telephone property fixed-rate levy loss" means the 107744
amount determined under division (D)(4) of this section.107745

       (20) "Taxes charged and payable" means taxes charged and 107746
payable after the reduction required by section 319.301 of the 107747
Revised Code but before the reductions required by sections 107748
319.302 and 323.152 of the Revised Code.107749

       (21) "Median estate tax collections" means, in the case of a 107750
municipal corporation to which revenue from the taxes levied in 107751
Chapter 5731. of the Revised Code was distributed in each of 107752
calendar years 2006, 2007, 2008, and 2009, the median of those 107753
distributions. In the case of a municipal corporation to which no 107754
distributions were made in one or more of those years, "median 107755
estate tax collections" means zero. 107756

       (22) "Total resources," in the case of a school district, 107757
means the sum of the amounts in divisions (A)(22)(a) to (h) of 107758
this section less any reduction required under division (A)(32) of 107759
this section.107760

       (a) The state education aid for fiscal year 2010; 107761

       (b) The sum of the payments received by the school district 107762
in fiscal year 2010 for current expense levy losses pursuant to 107763
division (C)(2) of section 5727.85 and divisions (C)(8) and (9) of 107764
section 5751.21 of the Revised Code, excluding the portion of such 107765
payments attributable to levies for joint vocational school 107766
district purposes; 107767

       (c) The sum of fixed-sum levy loss payments received by the 107768
school district in fiscal year 2010 pursuant to division (E)(1) of 107769
section 5727.85 and division (E)(1) of section 5751.21 of the 107770
Revised Code for fixed-sum levies imposed for a purpose other than 107771
paying debt charges; 107772

       (d) Fifty per cent of the school district's taxes charged and 107773
payable against all property on the tax list of real and public 107774
utility property for current expense purposes for tax year 2008, 107775
including taxes charged and payable from emergency levies imposed 107776
under section 5709.194 of the Revised Code and excluding taxes 107777
levied for joint vocational school district purposes;107778

       (e) Fifty per cent of the school district's taxes charged and 107779
payable against all property on the tax list of real and public 107780
utility property for current expenses for tax year 2009, including 107781
taxes charged and payable from emergency levies and excluding 107782
taxes levied for joint vocational school district purposes;107783

       (f) The school district's taxes charged and payable against 107784
all property on the general tax list of personal property for 107785
current expenses for tax year 2009, including taxes charged and 107786
payable from emergency levies;107787

       (g) The amount certified for fiscal year 2010 under division 107788
(A)(2) of section 3317.08 of the Revised Code;107789

       (h) Distributions received during calendar year 2009 from 107790
taxes levied under section 718.09 of the Revised Code.107791

       (23) "Total resources," in the case of a joint vocational 107792
school district, means the sum of amounts in divisions (A)(23)(a) 107793
to (g) of this section less any reduction required under division 107794
(A)(32) of this section.107795

       (a) The state education aid for fiscal year 2010; 107796

       (b) The sum of the payments received by the joint vocational 107797
school district in fiscal year 2010 for current expense levy 107798
losses pursuant to division (C)(2) of section 5727.85 and 107799
divisions (C)(8) and (9) of section 5751.21 of the Revised Code; 107800

       (c) Fifty per cent of the joint vocational school district's 107801
taxes charged and payable against all property on the tax list of 107802
real and public utility property for current expense purposes for 107803
tax year 2008;107804

       (d) Fifty per cent of the joint vocational school district's 107805
taxes charged and payable against all property on the tax list of 107806
real and public utility property for current expenses for tax year 107807
2009;107808

       (e) Fifty per cent of a city, local, or exempted village 107809
school district's taxes charged and payable against all property 107810
on the tax list of real and public utility property for current 107811
expenses of the joint vocational school district for tax year 107812
2008;107813

       (f) Fifty per cent of a city, local, or exempted village 107814
school district's taxes charged and payable against all property 107815
on the tax list of real and public utility property for current 107816
expenses of the joint vocational school district for tax year 107817
2009;107818

       (g) The joint vocational school district's taxes charged and 107819
payable against all property on the general tax list of personal 107820
property for current expenses for tax year 2009.107821

       (24) "Total resources," in the case of county mental health 107822
and disability related functions, means the sum of the amounts in 107823
divisions (A)(24)(a) and (b) of this section less any reduction 107824
required under division (A)(32) of this section.107825

       (a) The sum of the payments received by the county for mental 107826
health and developmental disability related functions in calendar 107827
year 2010 under division (A)(1) of section 5727.86 and division 107828
(A)(1) and (2) of section 5751.22 of the Revised Code as they 107829
existed at that time;107830

       (b) With respect to taxes levied by the county for mental 107831
health and developmental disability related purposes, the taxes 107832
charged and payable for such purposes against all property on the 107833
tax list of real and public utility property for tax year 2009.107834

       (25) "Total resources," in the case of county senior services 107835
related functions, means the sum of the amounts in divisions 107836
(A)(25)(a) and (b) of this section less any reduction required 107837
under division (A)(32) of this section.107838

       (a) The sum of the payments received by the county for senior 107839
services related functions in calendar year 2010 under division 107840
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section 107841
5751.22 of the Revised Code as they existed at that time;107842

       (b) With respect to taxes levied by the county for senior 107843
services related purposes, the taxes charged and payable for such 107844
purposes against all property on the tax list of real and public 107845
utility property for tax year 2009.107846

       (26) "Total resources," in the case of county children's 107847
services related functions, means the sum of the amounts in 107848
divisions (A)(26)(a) and (b) of this section less any reduction 107849
required under division (A)(32) of this section.107850

       (a) The sum of the payments received by the county for 107851
children's services related functions in calendar year 2010 under 107852
division (A)(1) of section 5727.86 and divisions (A)(1) and (2) of 107853
section 5751.22 of the Revised Code as they existed at that time;107854

       (b) With respect to taxes levied by the county for children's 107855
services related purposes, the taxes charged and payable for such 107856
purposes against all property on the tax list of real and public 107857
utility property for tax year 2009.107858

       (27) "Total resources," in the case of county public health 107859
related functions, means the sum of the amounts in divisions 107860
(A)(27)(a) and (b) of this section less any reduction required 107861
under division (A)(32) of this section.107862

       (a) The sum of the payments received by the county for public 107863
health related functions in calendar year 2010 under division 107864
(A)(1) of section 5727.86 and divisions (A)(1) and (2) of section 107865
5751.22 of the Revised Code as they existed at that time;107866

       (b) With respect to taxes levied by the county for public 107867
health related purposes, the taxes charged and payable for such 107868
purposes against all property on the tax list of real and public 107869
utility property for tax year 2009.107870

       (28) "Total resources," in the case of all county functions 107871
not included in divisions (A)(24) to (27) of this section, means 107872
the sum of the amounts in divisions (A)(28)(a) to (d) of this 107873
section less any reduction required under division (A)(32) of this 107874
section.107875

       (a) The sum of the payments received by the county for all 107876
other purposes in calendar year 2010 under division (A)(1) of 107877
section 5727.86 and divisions (A)(1) and (2) of section 5751.22 of 107878
the Revised Code as they existed at that time;107879

       (b) The county's percentage share of county undivided local 107880
government fund allocations as certified to the tax commissioner 107881
for calendar year 2010 by the county auditor under division (J) of 107882
section 5747.51 of the Revised Code or division (F) of section 107883
5747.53 of the Revised Code multiplied by the total amount 107884
actually distributed in calendar year 2010 from the county 107885
undivided local government fund;107886

       (c) With respect to taxes levied by the county for all other 107887
purposes, the taxes charged and payable for such purposes against 107888
all property on the tax list of real and public utility property 107889
for tax year 2009, excluding taxes charged and payable for the 107890
purpose of paying debt charges;107891

       (d) The sum of the amounts distributed to the county in 107892
calendar year 2010 for the taxes levied pursuant to sections 107893
5739.021 and 5741.021 of the Revised Code. 107894

       (29) "Total resources," in the case of a municipal 107895
corporation, means the sum of the amounts in divisions (A)(29)(a) 107896
to (g) of this section less any reduction required under division 107897
(A)(32) of this section. 107898

       (a) The sum of the payments received by the municipal 107899
corporation in calendar year 2010 under division (A)(1) of section 107900
5727.86 and divisions (A)(1) and (2) of section 5751.22 of the 107901
Revised Code as they existed at that time; 107902

       (b) The municipal corporation's percentage share of county 107903
undivided local government fund allocations as certified to the 107904
tax commissioner for calendar year 2010 by the county auditor 107905
under division (J) of section 5747.51 of the Revised Code or 107906
division (F) of section 5747.53 of the Revised Code multiplied by 107907
the total amount actually distributed in calendar year 2010 from 107908
the county undivided local government fund;107909

       (c) The sum of the amounts distributed to the municipal 107910
corporation in calendar year 2010 pursuant to section 5747.50 of 107911
the Revised Code; 107912

       (d) With respect to taxes levied by the municipal 107913
corporation, the taxes charged and payable against all property on 107914
the tax list of real and public utility property for current 107915
expenses, defined in division (A)(33) of this section, for tax 107916
year 2009; 107917

       (e) The amount of admissions tax collected by the municipal 107918
corporation in calendar year 2008, or if such information has not 107919
yet been reported to the tax commissioner, in the most recent year 107920
before 2008 for which the municipal corporation has reported data 107921
to the commissioner; 107922

       (f) The amount of income taxes collected by the municipal 107923
corporation in calendar year 2008, or if such information has not 107924
yet been reported to the tax commissioner, in the most recent year 107925
before 2008 for which the municipal corporation has reported data 107926
to the commissioner;107927

       (g) The municipal corporation's median estate tax 107928
collections.107929

       (30) "Total resources," in the case of a township, means the 107930
sum of the amounts in divisions (A)(30)(a) to (c) of this section 107931
less any reduction required under division (A)(32) of this 107932
section. 107933

       (a) The sum of the payments received by the township in 107934
calendar year 2010 pursuant to division (A)(1) of section 5727.86 107935
of the Revised Code and divisions (A)(1) and (2) of section 107936
5751.22 of the Revised Code as they existed at that time, 107937
excluding payments received for debt purposes;107938

       (b) The township's percentage share of county undivided local 107939
government fund allocations as certified to the tax commissioner 107940
for calendar year 2010 by the county auditor under division (J) of 107941
section 5747.51 of the Revised Code or division (F) of section 107942
5747.53 of the Revised Code multiplied by the total amount 107943
actually distributed in calendar year 2010 from the county 107944
undivided local government fund; 107945

       (c) With respect to taxes levied by the township, the taxes 107946
charged and payable against all property on the tax list of real 107947
and public utility property for tax year 2009 excluding taxes 107948
charged and payable for the purpose of paying debt charges.107949

       (31) "Total resources," in the case of a local taxing unit 107950
that is not a county, municipal corporation, or township, means 107951
the sum of the amounts in divisions (A)(31)(a) to (e) of this 107952
section less any reduction required under division (A)(32) of this 107953
section.107954

       (a) The sum of the payments received by the local taxing unit 107955
in calendar year 2010 pursuant to division (A)(1) of section 107956
5727.86 of the Revised Code and divisions (A)(1) and (2) of 107957
section 5751.22 of the Revised Code as they existed at that time;107958

       (b) The local taxing unit's percentage share of county 107959
undivided local government fund allocations as certified to the 107960
tax commissioner for calendar year 2010 by the county auditor 107961
under division (J) of section 5747.51 of the Revised Code or 107962
division (F) of section 5747.53 of the Revised Code multiplied by 107963
the total amount actually distributed in calendar year 2010 from 107964
the county undivided local government fund; 107965

       (c) With respect to taxes levied by the local taxing unit, 107966
the taxes charged and payable against all property on the tax list 107967
of real and public utility property for tax year 2009 excluding 107968
taxes charged and payable for the purpose of paying debt charges;107969

       (d) The amount received from the tax commissioner during 107970
calendar year 2010 for sales or use taxes authorized under 107971
sections 5739.023 and 5741.022 of the Revised Code;107972

       (e) For institutions of higher education receiving tax 107973
revenue from a local levy, as identified in section 3358.02 of the 107974
Revised Code, the final state share of instruction allocation for 107975
fiscal year 2010 as calculated by the board of regents and 107976
reported to the state controlling board.107977

       (32) If a fixed-rate levy that is a qualifying levy is not 107978
imposed in any year after tax year 2010, "total resources" used to 107979
compute payments to be made under division (C)(12) of section 107980
5751.21 or division (A)(1)(b) or (c) of section 5751.22 of the 107981
Revised Code in the tax years following the last year the levy is 107982
imposed shall be reduced by the amount of payments attributable to 107983
the fixed-rate levy loss of that levy as would be computed under 107984
division (C)(2) of section 5727.85, division (A)(1) of section 107985
5727.85, divisions (C)(8) and (9) of section 5751.21, or division 107986
(A)(1) of section 5751.22 of the Revised Code.107987

       (33) "Municipal current expense property tax levies" means 107988
all property tax levies of a municipality, except those with the 107989
following levy names: airport resurfacing; bond or any levy name 107990
including the word "bond"; capital improvement or any levy name 107991
including the word "capital"; debt or any levy name including the 107992
word "debt"; equipment or any levy name including the word 107993
"equipment," unless the levy is for combined operating and 107994
equipment; employee termination fund; fire pension or any levy 107995
containing the word "pension," including police pensions; 107996
fireman's fund or any practically similar name; sinking fund; road 107997
improvements or any levy containing the word "road"; fire truck or 107998
apparatus; flood or any levy containing the word "flood"; 107999
conservancy district; county health; note retirement; sewage, or 108000
any levy containing the words "sewage" or "sewer"; park 108001
improvement; parkland acquisition; storm drain; street or any levy 108002
name containing the word "street"; lighting, or any levy name 108003
containing the word "lighting"; and water.108004

       (34) "Current expense TPP allocation" means, in the case of a 108005
school district or joint vocational school district, the sum of 108006
the payments received by the school district in fiscal year 2011 108007
pursuant to divisions (C)(10) and (11) of section 5751.21 of the 108008
Revised Code to the extent paid for current expense levies. In the 108009
case of a municipal corporation, "current expense TPP allocation" 108010
means the sum of the payments received by the municipal 108011
corporation in calendar year 2010 pursuant to divisions (A)(1) and 108012
(2) of section 5751.22 of the Revised Code to the extent paid for 108013
municipal current expense property tax levies as defined in 108014
division (A)(33) of this section. If a fixed-rate levy that is a 108015
qualifying levy is not imposed in any year after tax year 2010, 108016
"current expense TPP allocation" used to compute payments to be 108017
made under division (C)(12) of section 5751.21 or division 108018
(A)(1)(b) or (c) of section 5751.22 of the Revised Code in the tax 108019
years following the last year the levy is imposed shall be reduced 108020
by the amount of payments attributable to the fixed-rate levy loss 108021
of that levy as would be computed under divisions (C)(10) and (11) 108022
of section 5751.21 or division (A)(1) of section 5751.22 of the 108023
Revised Code.108024

       (35) "TPP allocation" means the sum of payments received by a 108025
local taxing unit in calendar year 2010 pursuant to divisions 108026
(A)(1) and (2) of section 5751.22 of the Revised Code. If a 108027
fixed-rate levy that is a qualifying levy is not imposed in any 108028
year after tax year 2010, "TPP allocation" used to compute 108029
payments to be made under division (A)(1)(b) or (c) of section 108030
5751.22 of the Revised Code in the tax years following the last 108031
year the levy is imposed shall be reduced by the amount of payment 108032
attributable to the fixed-rate levy loss of that levy as would be 108033
computed under division (A)(1) of that section.108034

       (36) "Total TPP allocation" means, in the case of a school 108035
district or joint vocational school district, the sum of the 108036
amounts received in fiscal year 2011 pursuant to divisions (C)(10) 108037
and (11) and (D) of section 5751.21 of the Revised Code. In the 108038
case of a local taxing unit, "total TPP allocation" means the sum 108039
of payments received by the unit in calendar year 2010 pursuant to 108040
divisions (A)(1), (2), and (3) of section 5751.22 of the Revised 108041
Code. If a fixed-rate levy that is a qualifying levy is not 108042
imposed in any year after tax year 2010, "total TPP allocation" 108043
used to compute payments to be made under division (C)(12) of 108044
section 5751.21 or division (A)(1)(b) or (c) of section 5751.22 of 108045
the Revised Code in the tax years following the last year the levy 108046
is imposed shall be reduced by the amount of payments attributable 108047
to the fixed-rate levy loss of that levy as would be computed 108048
under divisions (C)(10) and (11) of section 5751.21 or division 108049
(A)(1) of section 5751.22 of the Revised Code.108050

       (37) "Non-current expense TPP allocation" means the 108051
difference of total TPP allocation minus the sum of current 108052
expense TPP allocation and the portion of total TPP allocation 108053
constituting reimbursement for debt levies, pursuant to division 108054
(D) of section 5751.21 of the Revised Code in the case of a school 108055
district or joint vocational school district and pursuant to 108056
division (A)(3) of section 5751.22 of the Revised Code in the case 108057
of a municipal corporation. 108058

       (38) "Threshold per cent" means, in the case of a school 108059
district or joint vocational school district, two per cent for 108060
fiscal year 2012 and four per cent for fiscal years 2013 and 108061
thereafter. In the case of a local taxing unit, "threshold per 108062
cent" means two per cent for tax year 2011, four per cent for tax 108063
year 2012, and six per cent for tax years 2013 and thereafter.108064

       (B) The commercial activities tax receipts fund is hereby 108065
created in the state treasury and shall consist of money arising 108066
from the tax imposed under this chapter. Eighty-five 108067
one-hundredths of one per cent of the money credited to that fund 108068
shall be credited to the tax reform system implementation fund, 108069
which is hereby created in the state treasury, and shall be used 108070
to defray the costs incurred by the department of taxation in 108071
administering the tax imposed by this chapter and in implementing 108072
tax reform measures. Fifty million dollars shall be credited each 108073
fiscal year from the commercial activities tax receipts fund to 108074
the local government integrating and innovation fund created under 108075
section 164.30 of the Revised Code, beginning with fiscal year 108076
2012. The remainder in the commercial activities tax receipts fund 108077
shall be credited for each fiscal year in the following 108078
percentages to the general revenue fund, to the school district 108079
tangible property tax replacement fund, which is hereby created in 108080
the state treasury for the purpose of making the payments 108081
described in section 5751.21 of the Revised Code, and to the local 108082
government tangible property tax replacement fund, which is hereby 108083
created in the state treasury for the purpose of making the 108084
payments described in section 5751.22 of the Revised Code, in the 108085
following percentages:108086

Fiscal year General Revenue Fund School District Tangible Property Tax Replacement Fund Local Government Tangible Property Tax Replacement Fund 108087
2006 67.7% 22.6% 9.7% 108088
2007 0% 70.0% 30.0% 108089
2008 0% 70.0% 30.0% 108090
2009 0% 70.0% 30.0% 108091
2010 0% 70.0% 30.0% 108092
2011 0% 70.0% 30.0% 108093
2012 5.3 25.0% 70.0 52.5% 24.7 22.5% 108094
2013 and thereafter 10.6 50.0% 70.0 35.0% 19.4 15.0% 108095
2014 14.1% 70.0% 15.9% 108096
2015 17.6% 70.0%% 12.4% 108097
2016 21.1% 70.0%% 8.9% 108098
2017 24.6% 70.0%% 5.4% 108099
2018 28.1% 70.0%% 1.9% 108100
2019 and thereafter 30% 70%% 0% 108101

       (C) Not later than September 15, 2005, the tax commissioner 108102
shall determine for each school district, joint vocational school 108103
district, and local taxing unit its machinery and equipment, 108104
inventory property, furniture and fixtures property, and telephone 108105
property tax value losses, which are the applicable amounts 108106
described in divisions (C)(1), (2), (3), and (4) of this section, 108107
except as provided in division (C)(5) of this section:108108

       (1) Machinery and equipment property tax value loss is the 108109
taxable value of machinery and equipment property as reported by 108110
taxpayers for tax year 2004 multiplied by:108111

       (a) For tax year 2006, thirty-three and eight-tenths per 108112
cent;108113

       (b) For tax year 2007, sixty-one and three-tenths per cent;108114

       (c) For tax year 2008, eighty-three per cent;108115

       (d) For tax year 2009 and thereafter, one hundred per cent.108116

       (2) Inventory property tax value loss is the taxable value of 108117
inventory property as reported by taxpayers for tax year 2004 108118
multiplied by:108119

       (a) For tax year 2006, a fraction, the numerator of which is 108120
five and three-fourths and the denominator of which is 108121
twenty-three;108122

        (b) For tax year 2007, a fraction, the numerator of which is 108123
nine and one-half and the denominator of which is twenty-three;108124

        (c) For tax year 2008, a fraction, the numerator of which is 108125
thirteen and one-fourth and the denominator of which is 108126
twenty-three;108127

        (d) For tax year 2009 and thereafter a fraction, the 108128
numerator of which is seventeen and the denominator of which is 108129
twenty-three.108130

        (3) Furniture and fixtures property tax value loss is the 108131
taxable value of furniture and fixture property as reported by 108132
taxpayers for tax year 2004 multiplied by:108133

        (a) For tax year 2006, twenty-five per cent;108134

        (b) For tax year 2007, fifty per cent;108135

        (c) For tax year 2008, seventy-five per cent;108136

        (d) For tax year 2009 and thereafter, one hundred per cent.108137

       The taxable value of property reported by taxpayers used in 108138
divisions (C)(1), (2), and (3) of this section shall be such 108139
values as determined to be final by the tax commissioner as of 108140
August 31, 2005. Such determinations shall be final except for any 108141
correction of a clerical error that was made prior to August 31, 108142
2005, by the tax commissioner.108143

       (4) Telephone property tax value loss is the taxable value of 108144
telephone property as taxpayers would have reported that property 108145
for tax year 2004 if the assessment rate for all telephone 108146
property for that year were twenty-five per cent, multiplied by:108147

       (a) For tax year 2006, zero per cent;108148

       (b) For tax year 2007, zero per cent;108149

       (c) For tax year 2008, zero per cent;108150

       (d) For tax year 2009, sixty per cent;108151

       (e) For tax year 2010, eighty per cent;108152

       (f) For tax year 2011 and thereafter, one hundred per cent.108153

       (5) Division (C)(5) of this section applies to any school 108154
district, joint vocational school district, or local taxing unit 108155
in a county in which is located a facility currently or formerly 108156
devoted to the enrichment or commercialization of uranium or 108157
uranium products, and for which the total taxable value of 108158
property listed on the general tax list of personal property for 108159
any tax year from tax year 2001 to tax year 2004 was fifty per 108160
cent or less of the taxable value of such property listed on the 108161
general tax list of personal property for the next preceding tax 108162
year.108163

       In computing the fixed-rate levy losses under divisions 108164
(D)(1), (2), and (3) of this section for any school district, 108165
joint vocational school district, or local taxing unit to which 108166
division (C)(5) of this section applies, the taxable value of such 108167
property as listed on the general tax list of personal property 108168
for tax year 2000 shall be substituted for the taxable value of 108169
such property as reported by taxpayers for tax year 2004, in the 108170
taxing district containing the uranium facility, if the taxable 108171
value listed for tax year 2000 is greater than the taxable value 108172
reported by taxpayers for tax year 2004. For the purpose of making 108173
the computations under divisions (D)(1), (2), and (3) of this 108174
section, the tax year 2000 valuation is to be allocated to 108175
machinery and equipment, inventory, and furniture and fixtures 108176
property in the same proportions as the tax year 2004 values. For 108177
the purpose of the calculations in division (A) of section 5751.21 108178
of the Revised Code, the tax year 2004 taxable values shall be 108179
used.108180

       To facilitate the calculations required under division (C) of 108181
this section, the county auditor, upon request from the tax 108182
commissioner, shall provide by August 1, 2005, the values of 108183
machinery and equipment, inventory, and furniture and fixtures for 108184
all single-county personal property taxpayers for tax year 2004.108185

       (D) Not later than September 15, 2005, the tax commissioner 108186
shall determine for each tax year from 2006 through 2009 for each 108187
school district, joint vocational school district, and local 108188
taxing unit its machinery and equipment, inventory, and furniture 108189
and fixtures fixed-rate levy losses, and for each tax year from 108190
2006 through 2011 its telephone property fixed-rate levy loss. 108191
Except as provided in division (F) of this section, such losses 108192
are the applicable amounts described in divisions (D)(1), (2), 108193
(3), and (4) of this section:108194

       (1) The machinery and equipment fixed-rate levy loss is the 108195
machinery and equipment property tax value loss multiplied by the 108196
sum of the tax rates of fixed-rate qualifying levies.108197

       (2) The inventory fixed-rate loss is the inventory property 108198
tax value loss multiplied by the sum of the tax rates of 108199
fixed-rate qualifying levies.108200

        (3) The furniture and fixtures fixed-rate levy loss is the 108201
furniture and fixture property tax value loss multiplied by the 108202
sum of the tax rates of fixed-rate qualifying levies.108203

       (4) The telephone property fixed-rate levy loss is the 108204
telephone property tax value loss multiplied by the sum of the tax 108205
rates of fixed-rate qualifying levies.108206

       (E) Not later than September 15, 2005, the tax commissioner 108207
shall determine for each school district, joint vocational school 108208
district, and local taxing unit its fixed-sum levy loss. The 108209
fixed-sum levy loss is the amount obtained by subtracting the 108210
amount described in division (E)(2) of this section from the 108211
amount described in division (E)(1) of this section:108212

       (1) The sum of the machinery and equipment property tax value 108213
loss, the inventory property tax value loss, and the furniture and 108214
fixtures property tax value loss, and, for 2008 through 20172010, 108215
the telephone property tax value loss of the district or unit 108216
multiplied by the sum of the fixed-sum tax rates of qualifying 108217
levies. For 2006 through 2010, this computation shall include all 108218
qualifying levies remaining in effect for the current tax year and 108219
any school district levies imposed under section 5705.194 or 108220
5705.213 of the Revised Code that are qualifying levies not 108221
remaining in effect for the current year. For 2011 through 2017 in 108222
the case of school district levies imposed under section 5705.194 108223
or 5705.213 of the Revised Code and for all years after 2010 in 108224
the case of other fixed-sum levies, this computation shall include 108225
only qualifying levies remaining in effect for the current year. 108226
For purposes of this computation, a qualifying school district 108227
levy imposed under section 5705.194 or 5705.213 of the Revised 108228
Code remains in effect in a year after 2010 only if, for that 108229
year, the board of education levies a school district levy imposed 108230
under section 5705.194, 5705.199, 5705.213, or 5705.219 of the 108231
Revised Code for an annual sum at least equal to the annual sum 108232
levied by the board in tax year 2004 less the amount of the 108233
payment certified under this division for 2006.108234

       (2) The total taxable value in tax year 2004 less the sum of 108235
the machinery and equipment, inventory, furniture and fixtures, 108236
and telephone property tax value losses in each school district, 108237
joint vocational school district, and local taxing unit multiplied 108238
by one-half of one mill per dollar.108239

       (3) For the calculations in divisions (E)(1) and (2) of this 108240
section, the tax value losses are those that would be calculated 108241
for tax year 2009 under divisions (C)(1), (2), and (3) of this 108242
section and for tax year 2011 under division (C)(4) of this 108243
section.108244

       (4) To facilitate the calculation under divisions (D) and (E) 108245
of this section, not later than September 1, 2005, any school 108246
district, joint vocational school district, or local taxing unit 108247
that has a qualifying levy that was approved at an election 108248
conducted during 2005 before September 1, 2005, shall certify to 108249
the tax commissioner a copy of the county auditor's certificate of 108250
estimated property tax millage for such levy as required under 108251
division (B) of section 5705.03 of the Revised Code, which is the 108252
rate that shall be used in the calculations under such divisions.108253

       If the amount determined under division (E) of this section 108254
for any school district, joint vocational school district, or 108255
local taxing unit is greater than zero, that amount shall equal 108256
the reimbursement to be paid pursuant to division (E) of section 108257
5751.21 or division (A)(3) of section 5751.22 of the Revised Code, 108258
and the one-half of one mill that is subtracted under division 108259
(E)(2) of this section shall be apportioned among all contributing 108260
fixed-sum levies in the proportion that each levy bears to the sum 108261
of all fixed-sum levies within each school district, joint 108262
vocational school district, or local taxing unit.108263

       (F) If a school district levies a tax under section 5705.219 108264
of the Revised Code, the fixed-rate levy loss for qualifying 108265
levies, to the extent repealed under that section, shall equal the 108266
sum of the following amounts in lieu of the amounts computed for 108267
such levies under division (D) of this section:108268

       (1) The sum of the rates of qualifying levies to the extent 108269
so repealed multiplied by the sum of the machinery and equipment, 108270
inventory, and furniture and fixtures tax value losses for 2009 as 108271
determined under that division;108272

       (2) The sum of the rates of qualifying levies to the extent 108273
so repealed multiplied by the telephone property tax value loss 108274
for 2011 as determined under that division.108275

       The fixed-rate levy losses for qualifying levies to the 108276
extent not repealed under section 5705.219 of the Revised Code 108277
shall be as determined under division (D) of this section. The 108278
revised fixed-rate levy losses determined under this division and 108279
division (D) of this section first apply in the year following the 108280
first year the district levies the tax under section 5705.219 of 108281
the Revised Code.108282

       (G) Not later than October 1, 2005, the tax commissioner 108283
shall certify to the department of education for every school 108284
district and joint vocational school district the machinery and 108285
equipment, inventory, furniture and fixtures, and telephone 108286
property tax value losses determined under division (C) of this 108287
section, the machinery and equipment, inventory, furniture and 108288
fixtures, and telephone fixed-rate levy losses determined under 108289
division (D) of this section, and the fixed-sum levy losses 108290
calculated under division (E) of this section. The calculations 108291
under divisions (D) and (E) of this section shall separately 108292
display the levy loss for each levy eligible for reimbursement.108293

       (H) Not later than October 1, 2005, the tax commissioner 108294
shall certify the amount of the fixed-sum levy losses to the 108295
county auditor of each county in which a school district, joint 108296
vocational school district, or local taxing unit with a fixed-sum 108297
levy loss reimbursement has territory.108298

       (I) Not later than the twenty-eighth day of February each 108299
year beginning in 2011 and ending in 2014, the tax commissioner 108300
shall certify to the department of education for each school 108301
district first levying a tax under section 5705.219 of the Revised 108302
Code in the preceding year the revised fixed-rate levy losses 108303
determined under divisions (D) and (F) of this section.108304

       Sec. 5751.21.  (A) Not later than the thirtieth day of July 108305
of 2007 through 20172010, the department of education shall 108306
consult with the director of budget and management and determine 108307
the following for each school district and each joint vocational 108308
school district eligible for payment under division (B) of this 108309
section:108310

       (1) The state education aid offset, which, except as provided 108311
in division (A)(1)(c) of this section, is the difference obtained 108312
by subtracting the amount described in division (A)(1)(b) of this 108313
section from the amount described in division (A)(1)(a) of this 108314
section:108315

       (a) The state education aid computed for the school district 108316
or joint vocational school district for the current fiscal year as 108317
of the thirtieth day of July;108318

       (b) The state education aid that would be computed for the 108319
school district or joint vocational school district for the 108320
current fiscal year as of the thirtieth day of July if the 108321
recognized valuation used in the calculation in division (B)(1) of 108322
section 3306.13 of the Revised Code as that division existed for 108323
fiscal years 2010 and 2011 included the machinery and equipment, 108324
inventory, furniture and fixtures, and telephone property tax 108325
value losses for the school district or joint vocational school 108326
district for the second preceding tax year, and if taxes charged 108327
and payable associated with the tax value losses are accounted for 108328
in any state education aid computation dependent on taxes charged 108329
and payable.108330

       (c) The state education aid offset for fiscal year 2010 and 108331
fiscal year 2011 equals the greater of the state education aid 108332
offset calculated for that fiscal year under divisions (A)(1)(a) 108333
and (b) of this section and the state education aid offset 108334
calculated for fiscal year 2009. For fiscal year 2012 and 2013, 108335
the state education aid offset equals the state education aid 108336
offset for fiscal year 2011.108337

       (2) TheFor fiscal years 2008 through 2011, the greater of 108338
zero or the difference obtained by subtracting the state education 108339
aid offset determined under division (A)(1) of this section from 108340
the sum of the machinery and equipment fixed-rate levy loss, the 108341
inventory fixed-rate levy loss, furniture and fixtures fixed-rate 108342
levy loss, and telephone property fixed-rate levy loss certified 108343
under divisions (G) and (I) of section 5751.20 of the Revised Code 108344
for all taxing districts in each school district and joint 108345
vocational school district for the second preceding tax year.108346

       By the thirtieth day of July of each such year, the 108347
department of education and the director of budget and management 108348
shall agree upon the amount to be determined under division (A)(1) 108349
of this section.108350

       (B) On or before the thirty-first day of August of each year 108351
beginning in 2008, 2009, and 2010, the department of education 108352
shall recalculate the offset described under division (A) of this 108353
section for the previous fiscal year and recalculate the payments 108354
made under division (C) of this section in the preceding fiscal 108355
year using the offset calculated under this division. If the 108356
payments calculated under this division differ from the payments 108357
made under division (C) of this section in the preceding fiscal 108358
year, the difference shall either be paid to a school district or 108359
recaptured from a school district through an adjustment at the 108360
same times during the current fiscal year that the payments under 108361
division (C) of this section are made. In August and October of 108362
the current fiscal year, the amount of each adjustment shall be 108363
three-sevenths of the amount calculated under this division. In 108364
May of the current fiscal year, the adjustment shall be 108365
one-seventh of the amount calculated under this division.108366

       (C) The department of education shall pay from the school 108367
district tangible property tax replacement fund to each school 108368
district and joint vocational school district all of the following 108369
for fixed-rate levy losses certified under divisions (G) and (I) 108370
of section 5751.20 of the Revised Code:108371

       (1) On or before May 31, 2006, one-seventh of the total 108372
fixed-rate levy loss for tax year 2006;108373

       (2) On or before August 31, 2006, and October 31, 2006, 108374
one-half of six-sevenths of the total fixed-rate levy loss for tax 108375
year 2006;108376

       (3) On or before May 31, 2007, one-seventh of the total 108377
fixed-rate levy loss for tax year 2007;108378

       (4) On or before August 31, 2007, and October 31, 2007, 108379
forty-three per cent of the amount determined under division 108380
(A)(2) of this section for fiscal year 2008, but not less than 108381
zero, plus one-half of six-sevenths of the difference between the 108382
total fixed-rate levy loss for tax year 2007 and the total 108383
fixed-rate levy loss for tax year 2006.108384

       (5) On or before May 31, 2008, fourteen per cent of the 108385
amount determined under division (A)(2) of this section for fiscal 108386
year 2008, but not less than zero, plus one-seventh of the 108387
difference between the total fixed-rate levy loss for tax year 108388
2008 and the total fixed-rate levy loss for tax year 2006.108389

       (6) On or before August 31, 2008, and October 31, 2008, 108390
forty-three per cent of the amount determined under division 108391
(A)(2) of this section for fiscal year 2009, but not less than 108392
zero, plus one-half of six-sevenths of the difference between the 108393
total fixed-rate levy loss in tax year 2008 and the total 108394
fixed-rate levy loss in tax year 2007.108395

       (7) On or before May 31, 2009, fourteen per cent of the 108396
amount determined under division (A)(2) of this section for fiscal 108397
year 2009, but not less than zero, plus one-seventh of the 108398
difference between the total fixed-rate levy loss for tax year 108399
2009 and the total fixed-rate levy loss for tax year 2007.108400

       (8) On or before August 31, 2009, and October 31, 2009, 108401
forty-three per cent of the amount determined under division 108402
(A)(2) of this section for fiscal year 2010, but not less than 108403
zero, plus one-half of six-sevenths of the difference between the 108404
total fixed-rate levy loss in tax year 2009 and the total 108405
fixed-rate levy loss in tax year 2008.108406

       (9) On or before May 31, 2010, fourteen per cent of the 108407
amount determined under division (A)(2) of this section for fiscal 108408
year 2010, but not less than zero, plus one-seventh of the 108409
difference between the total fixed-rate levy loss in tax year 2010 108410
and the total fixed-rate levy loss in tax year 2008.108411

       (10) On or before August 31, 2010, and October 31, 2010, 108412
forty-three per cent of the amount determined under division 108413
(A)(2) of this section for fiscal year 2011, but not less than 108414
zero, plus one-half of six-sevenths of the difference between the 108415
telephone property fixed-rate levy loss for tax year 2010 and the 108416
telephone property fixed-rate levy loss for tax year 2009.108417

       (11) On or before May 31, 2011, fourteen per cent of the 108418
amount determined under division (A)(2) of this section for fiscal 108419
year 2011, but not less than zero, plus one-seventh of the 108420
difference between the telephone property fixed-rate levy loss for 108421
tax year 2011 and the telephone property fixed-rate levy loss for 108422
tax year 2009.108423

       (12) On or before August 31, 2011, and October 31, 2011, 108424
forty-three per cent of the amount determined under division 108425
(A)(2) of this section, but not less than zero, plus one-half of 108426
six-sevenths of the difference between the telephone property 108427
fixed-rate levy loss for tax year 2011 and the telephone property 108428
fixed-rate levy loss for tax year 2010.108429

       (13) On or before May 31, 2012, fourteen per cent of the 108430
amount determined under division (A)(2) of this section for fiscal 108431
year 2012, but not less than zero, plus one-seventh of the 108432
difference between the telephone property fixed-rate levy loss for 108433
tax year 2011 and the telephone property fixed-rate levy loss for 108434
tax year 2010.108435

       (14) On or before August 31, 2012, October 31, 2012, and May 108436
31, 2013, the amount determined under division (A)(2) of this 108437
section but not less than zero, multiplied by one-third.108438

       (15) On or before August 31, 2013, October 31, 2013, and May 108439
31, 2014, the amount determined under division (A)(2) of this 108440
section multiplied by a fraction, the numerator of which is nine 108441
and the denominator of which is seventeen, but not less than zero, 108442
multiplied by one-third.108443

       (16) On or before August 31, 2014, October 31, 2014, and May 108444
31, 2015, the amount determined under division (A)(2) of this 108445
section multiplied by a fraction, the numerator of which is seven 108446
and the denominator of which is seventeen, but not less than zero, 108447
multiplied by one-third.108448

       (17) On or before August 31, 2015, October 31, 2015, and May 108449
31, 2016, the amount determined under division (A)(2) of this 108450
section multiplied by a fraction, the numerator of which is five 108451
and the denominator of which is seventeen, but not less than zero, 108452
multiplied by one-third.108453

       (18) On or before August 31, 2016, October 31, 2016, and May 108454
31, 2017, the amount determined under division (A)(2) of this 108455
section multiplied by a fraction, the numerator of which is three 108456
and the denominator of which is seventeen, but not less than zero, 108457
multiplied by one-third.108458

       (19) On or before August 31, 2017, October 31, 2017, and May 108459
31, 2018, the amount determined under division (A)(2) of this 108460
section multiplied by a fraction, the numerator of which is one 108461
and the denominator of which is seventeen, but not less than zero, 108462
multiplied by one-thirdFor fiscal years 2012 and thereafter, the 108463
sum of the amounts in divisions (C)(12)(a) or (b) and (c) of this 108464
section shall be paid on or before the twentieth day of November 108465
and the last day of May:108466

       (a) If the ratio of current expense TPP allocation to total 108467
resources is equal to or less than the threshold per cent, zero;108468

       (b) If the ratio of current expense TPP allocation to total 108469
resources is greater than the threshold per cent, fifty per cent 108470
of the difference of current expense TPP allocation minus the 108471
product of total resources multiplied by the threshold per cent;108472

       (c) Fifty per cent of the product of non-current expense TPP 108473
allocation multiplied by seventy-five per cent for fiscal year 108474
2012 and fifty per cent for fiscal years 2013 and thereafter.108475

       The department of education shall report to each school 108476
district and joint vocational school district the apportionment of 108477
the payments among the school district's or joint vocational 108478
school district's funds based on the certifications under 108479
divisions (G) and (I) of section 5751.20 of the Revised Code.108480

       Any qualifying levy that is a fixed-rate levy that is not 108481
applicable to a tax year after 2010 does not qualify for any 108482
reimbursement after the tax year to which it is last applicable.108483

       (D) For taxes levied within the ten-mill limitation for debt 108484
purposes in tax year 2005, payments shall be made equal to one 108485
hundred per cent of the loss computed as if the tax were a 108486
fixed-rate levy, but those payments shall extend from fiscal year 108487
2006 through fiscal year 2018, as long as the qualifying levy 108488
continues to be used for debt purposes. If the purpose of such a 108489
qualifying levy is changed, that levy becomes subject to the 108490
payments determined in division (C) of this section.108491

       (E)(1) Not later than January 1, 2006, for each fixed-sum 108492
levy of each school district or joint vocational school district 108493
and for each year for which a determination is made under division 108494
(E) of section 5751.20 of the Revised Code that a fixed-sum levy 108495
loss is to be reimbursed, the tax commissioner shall certify to 108496
the department of education the fixed-sum levy loss determined 108497
under that division. The certification shall cover a time period 108498
sufficient to include all fixed-sum levies for which the 108499
commissioner made such a determination. TheOn or before the last 108500
day of May of the current year, the department shall pay from the 108501
school district property tax replacement fund to the school 108502
district or joint vocational school district one-third of the 108503
fixed-sum levy loss so certified for each year, plus one-third of 108504
the amount certified under division (I) of section 5751.20 of the 108505
Revised Code, and on or before the lasttwentieth day of May, 108506
August, and October of the current yearNovember, two-thirds of 108507
the fixed-sum levy loss so certified, plus two-thirds of the 108508
amount certified under division (I) of section 5751.20 of the 108509
Revised Code. Payments under this division of the amounts 108510
certified under division (I) of section 5751.20 of the Revised 108511
Code shall continue until the levy adopted under section 5705.219 108512
of the Revised Code expires.108513

       (2) Beginning in 2006, by the first day of January of each 108514
year, the tax commissioner shall review the certification 108515
originally made under division (E)(1) of this section. If the 108516
commissioner determines that a debt levy that had been scheduled 108517
to be reimbursed in the current year has expired, a revised 108518
certification for that and all subsequent years shall be made to 108519
the department of education.108520

       (F) Beginning in September 2007 and through June 20182013, 108521
the director of budget and management shall transfer from the 108522
school district tangible property tax replacement fund to the 108523
general revenue fund each of the following:108524

       (1) On the first day of September, one-fourth of the amount 108525
determined for that fiscal year under division (A)(1) of this 108526
section;108527

       (2) On the first day of December, one-fourth of the amount 108528
determined for that fiscal year under division (A)(1) of this 108529
section;108530

       (3) On the first day of March, one-fourth of the amount 108531
determined for that fiscal year under division (A)(1) of this 108532
section;108533

       (4) On the first day of June, one-fourth of the amount 108534
determined for that fiscal year under division (A)(1) of this 108535
section.108536

       If, when a transfer is required under division (F)(1), (2), 108537
(3), or (4) of this section, there is not sufficient money in the 108538
school district tangible property tax replacement fund to make the 108539
transfer in the required amount, the director shall transfer the 108540
balance in the fund to the general revenue fund and may make 108541
additional transfers on later dates as determined by the director 108542
in a total amount that does not exceed one-fourth of the amount 108543
determined for the fiscal year.108544

       (G) For each of the fiscal years 2006 through 2018, ifIf the 108545
total amount in the school district tangible property tax 108546
replacement fund is insufficient to make all payments under 108547
divisions (C), (D), and (E) of this section at the times the 108548
payments are to be made, the director of budget and management 108549
shall transfer from the general revenue fund to the school 108550
district tangible property tax replacement fund the difference 108551
between the total amount to be paid and the amount in the school 108552
district tangible property tax replacement fund. For each fiscal 108553
year after 2018, at the time payments under division (E) of this 108554
section are to be made, the director of budget and management 108555
shall transfer from the general revenue fund to the school 108556
district property tax replacement fund the amount necessary to 108557
make such payments.108558

       (H)(1) On the fifteenth day of June of 2006 through 2011of 108559
each year, the director of budget and management may transfer any 108560
balance in the school district tangible property tax replacement 108561
fund to the general revenue fund. At the end of fiscal years 2012 108562
through 2018, any balance in the school district tangible property 108563
tax replacement fund shall remain in the fund to be used in future 108564
fiscal years for school purposes.108565

       (2) In each fiscal year beginning with fiscal year 2019, all 108566
amounts credited to the school district tangible personal property 108567
tax replacement fund shall be appropriated for school purposes.108568

       (I) If all of the territory of a school district or joint 108569
vocational school district is merged with another district, or if 108570
a part of the territory of a school district or joint vocational 108571
school district is transferred to an existing or newly created 108572
district, the department of education, in consultation with the 108573
tax commissioner, shall adjust the payments made under this 108574
section as follows:108575

       (1) For a merger of two or more districts, the machinery and 108576
equipment, inventory, furniture and fixtures, and telephone 108577
property fixed-rate levy losses and the fixed-sum levy losses, 108578
total resources, current expense TPP allocation, total TPP 108579
allocation, and non-current expense TPP allocation of the 108580
successor district shall be equal to the sum of the machinery and 108581
equipment, inventory, furniture and fixtures, and telephone 108582
property fixed-rate levy losses and debt levy losses as determined 108583
in section 5751.20 of the Revised Code,such items for each of the 108584
districts involved in the merger.108585

       (2) If property is transferred from one district to a 108586
previously existing district, the amount of machinery and 108587
equipment, inventory, furniture and fixtures, and telephone 108588
property tax value losses and fixed-rate levy lossestotal 108589
resources, current expense TPP allocation, total TPP allocation, 108590
and non-current expense TPP allocation that shall be transferred 108591
to the recipient district shall be an amount equal to the total 108592
machinery and equipment, inventory, furniture and fixtures, and 108593
telephone property fixed-rate levy lossestotal resources, current 108594
expense TPP allocation, total TPP allocation, and non-current 108595
expense TPP allocation of the transferor district times a 108596
fraction, the numerator of which is the value of business tangible 108597
personal property on the land being transferred in the most recent 108598
year for which data are availablenumber of pupils being 108599
transferred to the recipient district, measured, in the case of a 108600
school district, by average daily membership as reported under 108601
division (A) of section 3317.03 of the Revised Code or, in the 108602
case of a joint vocational school district, by formula ADM as 108603
reported in division (D) of that section, and the denominator of 108604
which is the total value of business tangible personal property in 108605
the district from which the land is being transferred in the most 108606
recent year for which data are available. For each of the first 108607
five years after the property is transferred, but not after fiscal 108608
year 2012, if the tax rate in the recipient district is less than 108609
the tax rate of the district from which the land was transferred, 108610
one-half of the payments arising from the amount of fixed-rate 108611
levy losses so transferred to the recipient district shall be paid 108612
to the recipient district and one-half of the payments arising 108613
from the fixed-rate levy losses so transferred shall be paid to 108614
the district from which the land was transferred. Fixed-rate levy 108615
losses so transferred shall be computed on the basis of the sum of 108616
the rates of fixed-rate qualifying levies of the district from 108617
which the land was transferred, notwithstanding division (E) of 108618
this sectionaverage daily membership or formula ADM of the 108619
transferor district.108620

       (3) After December 31, 20042010, if property is transferred 108621
from one or more districts to a district that is newly created out 108622
of the transferred property, the newly created district shall be 108623
deemed not to have any machinery and equipment, inventory, 108624
furniture and fixtures, or telephone property fixed-rate levy 108625
losses and the districts from which the property was transferred 108626
shall have no reduction in their machinery and equipment, 108627
inventory, furniture and fixtures, and telephone property 108628
fixed-rate levy lossestotal resources, current expense TPP 108629
allocation, total TPP allocation, or non-current expense TPP 108630
allocation.108631

       (4) If the recipient district under division (I)(2) of this 108632
section or the newly created district under division (I)(3) of 108633
this section is assuming debt from one or more of the districts 108634
from which the property was transferred and any of the districts 108635
losing the property had fixed-sum levy losses, the department of 108636
education, in consultation with the tax commissioner, shall make 108637
an equitable division of the fixed-sum levy loss reimbursements.108638

       Sec. 5751.22.  (A) Not later than January 1, 2006, the tax 108639
commissioner shall compute the payments to be made to each local 108640
taxing unit for each year according to divisions (A)(1), (2), (3), 108641
and (4) of this section as this section existed on that date, and 108642
shall distribute the payments in the manner prescribed by division 108643
(C) of this section. The calculation of the fixed-sum levy loss 108644
shall cover a time period sufficient to include all fixed-sum 108645
levies for which the commissioner determined, pursuant to division 108646
(E) of section 5751.20 of the Revised Code, that a fixed-sum levy 108647
loss is to be reimbursed.108648

       (1) Except as provided in division (A)(4)(3) of this section, 108649
for machinery and equipment, inventory, and furniture and fixtures108650
fixed-rate levy losses determined under division (D) of section 108651
5751.20 of the Revised Code, payments shall be made in an amount 108652
equal to each of those losses multiplied by the following:108653

       (a) For tax years 2006 through 2010, one hundred per cent of 108654
such losses;108655

       (b) For the payment in tax year 2011, a fraction, the 108656
numerator of which is fourteen and the denominator of which is 108657
seventeen;108658

       (c) For tax year 2012, a fraction, the numerator of which is 108659
eleven and the denominator of which is seventeen;108660

       (d) For tax year 2013, a fraction, the numerator of which is 108661
nine and the denominator of which is seventeen;108662

       (e) For tax year 2014, a fraction, the numerator of which is 108663
seven and the denominator of which is seventeen;108664

       (f) For tax year 2015, a fraction, the numerator of which is 108665
five and the denominator of which is seventeen;108666

       (g) For tax year 2016, a fraction, the numerator of which is 108667
three and the denominator of which is seventeen;108668

       (h) For tax year 2017, a fraction, the numerator of which is 108669
one and the denominator of which is seventeen;108670

       (i) For tax years 2018 and thereafter, no fixed-rate payments 108671
shall be made.108672

       Any qualifying levy that is a fixed-rate levy that is not 108673
applicable to a tax year after 2010 shall not qualify for any 108674
reimbursement after the tax year to which it is last applicable.108675

       (2) Except as provided in division (A)(4) of this section, 108676
for telephone property fixed-rate levy losses determined under 108677
division (D)(4) of section 5751.20 of the Revised Code, payments 108678
shall be made in an amount equal to each of those losses 108679
multiplied by the following:108680

       (a) For tax years 2009 through 2011, one hundred per cent;108681

       (b) For tax year 2012, seven-eighths;108682

       (c) For tax year 2013, six-eighths;108683

       (d) For tax year 2014, five-eighths;108684

       (e) For tax year 2015, four-eighths;108685

       (f) For tax year 2016, three-eighths;108686

       (g) For tax year 2017, two-eighths;108687

       (h) For tax year 2018, one-eighth;108688

       (i) For tax years 2019 and thereafter, no fixed-rate payments 108689
shall be madeto be made on or before the twentieth day of 108690
November, the sum of the amount in division (A)(1)(b)(i) or (ii) 108691
and division (A)(1)(b)(iii) of this section:108692

       (i) If the ratio of six-sevenths of the TPP allocation to 108693
total resources is equal to or less than the threshold per cent, 108694
zero;108695

       (ii) If the ratio of six-sevenths of the TPP allocation to 108696
total resources is greater than the threshold per cent, the 108697
difference of six-sevenths of the TPP allocation minus the product 108698
of total resources multiplied by the threshold per cent;108699

       (iii) In the case of a municipal corporation, six-sevenths of 108700
the product of the non-current expense TPP allocation multiplied 108701
by seventy-five per cent.108702

       (c) For tax years 2012 and thereafter, the sum of the amount 108703
in division (A)(1)(c)(i) or (ii) and division (A)(1)(c)(iii) of 108704
this section:108705

       (i) If the ratio of TPP allocation to total resources is 108706
equal to or less than the threshold per cent, zero;108707

       (ii) If the ratio of TPP allocation to total resources is 108708
greater than the threshold per cent, the TPP allocation minus the 108709
product of total resources multiplied by the threshold per cent;108710

       (iii) In the case of a municipal corporation, non-current 108711
expense TPP allocation multiplied by fifty per cent for tax year 108712
2012 and twenty-five per cent for tax years 2013 and thereafter.108713

       Any qualifying levy that is a fixed-rate levy that is not 108714
applicable to a tax year after 2011 shall not qualify for any 108715
reimbursement after the tax year to which it is last applicable.108716

       (3)(2) For fixed-sum levy losses determined under division 108717
(E) of section 5751.20 of the Revised Code, payments shall be made 108718
in the amount of one hundred per cent of the fixed-sum levy loss 108719
for payments required to be made in 2006 and thereafter until the 108720
qualifying levy has expired.108721

       (4)(3) For taxes levied within the ten-mill limitation or 108722
pursuant to a municipal charter for debt purposes in tax year 108723
2005, payments shall be made based on the schedule in division 108724
(A)(1) of this section for each of the calendar years 2006 through 108725
2010. For each of the calendar years 2011 through 2017, the 108726
percentages for calendar year 2010 shall be used for taxes levied 108727
within the ten-mill limitation or pursuant to a municipal charter 108728
for debt purposes in tax year 2010, as long as the qualifying levy 108729
continuessuch levies continue to be used for debt purposes. If 108730
the purpose of such a qualifying levy is changed, that levy 108731
becomes subject to the payment schedules in divisions (A)(1)(a) to 108732
(h) of this section. No payments shall be made for such levies 108733
after calendar year 2017. For the purposes of this division, taxes 108734
levied pursuant to a municipal charter refer to taxes levied 108735
pursuant to a provision of a municipal charter that permits the 108736
tax to be levied without prior voter approval.108737

       (B) Beginning in 2007, by the thirty-first day of January of 108738
each year, the tax commissioner shall review the calculation 108739
originally made under division (A) of this section of the 108740
fixed-sum levy losses determined under division (E) of section 108741
5751.20 of the Revised Code. If the commissioner determines that a 108742
fixed-sum levy that had been scheduled to be reimbursed in the 108743
current year has expired, a revised calculation for that and all 108744
subsequent years shall be made.108745

       (C) Payments to local taxing units required to be made under 108746
division (A) of this section shall be paid from the local 108747
government tangible property tax replacement fund to the county 108748
undivided income tax fund in the proper county treasury. Beginning 108749
inFrom May 2006 through November 2010, one-seventh of the amount 108750
certifieddetermined under that division shall be paid by the last 108751
day of May each year, and three-sevenths shall be paid by the last 108752
day of August and October each year. From May 2011 through 108753
November 2013, one-seventh of the amount determined under that 108754
division shall be paid on or before the last day of May each year, 108755
and six-sevenths shall be paid on or before the twentieth day of 108756
November each year, except that in November 2011, the payment 108757
shall equal one hundred per cent of the amount calculated for that 108758
payment. Beginning in May 2014, one-half of the amount determined 108759
under that division shall be paid on or before the last day of May 108760
each year, and one-half shall be paid on or before the twentieth 108761
day of November each year. Within forty-fiveforty days after 108762
receipt of such payments, the county treasurer shall distribute 108763
amounts determined under division (A) of this section to the 108764
proper local taxing unit as if they had been levied and collected 108765
as taxes, and the local taxing unit shall apportion the amounts so 108766
received among its funds in the same proportions as if those 108767
amounts had been levied and collected as taxes.108768

       (D) For each of the fiscal years 2006 through 20192018, if 108769
the total amount in the local government tangible property tax 108770
replacement fund is insufficient to make all payments under 108771
division (C) of this section at the times the payments are to be 108772
made, the director of budget and management shall transfer from 108773
the general revenue fund to the local government tangible property 108774
tax replacement fund the difference between the total amount to be 108775
paid and the amount in the local government tangible property tax 108776
replacement fund. For each fiscal year after 20192018, at the 108777
time payments under division (A)(2) of this section are to be 108778
made, the director of budget and management shall transfer from 108779
the general revenue fund to the local government property tax 108780
replacement fund the amount necessary to make such payments.108781

       (E) On the fifteenth day of June of each year from 2006 108782
through 2018, the director of budget and management may transfer 108783
any balance in the local government tangible property tax 108784
replacement fund to the general revenue fund.108785

       (F) If all or a part of the territories of two or more local 108786
taxing units are merged, or unincorporated territory of a township 108787
is annexed by a municipal corporation, the tax commissioner shall 108788
adjust the payments made under this section to each of the local 108789
taxing units in proportion to the tax value loss apportioned to108790
square mileage of the merged or annexed territory as a percentage 108791
of the total square mileage of the jurisdiction from which the 108792
territory originated, or as otherwise provided by a written 108793
agreement between the legislative authorities of the local taxing 108794
units certified to the commissioner not later than the first day 108795
of June of the calendar year in which the payment is to be made.108796

       Sec. 5751.23.  (A) As used in this section:108797

       (1) "Administrative fees" means the dollar percentages 108798
allowed by the county auditor for services or by the county 108799
treasurer as fees, or paid to the credit of the real estate 108800
assessment fund, under divisions (A) and (C) of section 319.54 and 108801
division (A) of section 321.26 of the Revised Code.108802

       (2) "Administrative fee loss" means a county's loss of 108803
administrative fees due to its tax value loss, determined as 108804
follows:108805

       (a) For purposes of the determination made under division (B) 108806
of this section in the years 2006 through 2010, the administrative 108807
fee loss shall be computed by multiplying the amounts determined 108808
for all taxing districts in the county under divisions (D) and (E) 108809
of section 5751.20 of the Revised Code by nine thousand six 108810
hundred fifty-nine ten-thousandths of one per cent if total taxes 108811
collected in the county in 2004 exceeded one hundred fifty million 108812
dollars, or one and one thousand one hundred fifty-nine 108813
ten-thousandths of one per cent if total taxes collected in the 108814
county in 2004 were one hundred fifty million dollars or less;108815

       (b) For purposes of the determination under division (B) of 108816
this section in the years after 2010, the administrative fee 108817
losses shall be determined by multiplyingloss equals 108818
fourteen-seventeenths of the administrative fee lossesloss108819
calculated for 2010 by the fractions in divisions (A)(1)(b) to (i) 108820
of section 5751.22 of the Revised Codemultiplied by the following 108821
percentages: 100% for 2011, 80% for 2012, 60% for 2013, 40% for 108822
2014, 20% for 2015, and 0% for 2016.108823

       (3) "Total taxes collected" means all money collected on any 108824
tax duplicate of the county, other than the estate tax duplicates. 108825
"Total taxes collected" does not include amounts received pursuant 108826
to divisions (F) and (G) of section 321.24 or section 323.156 of 108827
the Revised Code.108828

       (B) Not later than December 31, 2005, the tax commissioner 108829
shall certify to each county auditor the tax levy losses 108830
calculated under divisions (D) and (E) of section 5751.20 of the 108831
Revised Code for each school district, joint vocational school 108832
district, and local taxing unit in the county. Not later than the 108833
thirty-first day of January of 2006 through 20172015, the county 108834
auditor shall determine the administrative fee loss for the county 108835
and apportion that loss ratably among the school districts, joint 108836
vocational school districts, and local taxing units on the basis 108837
of the tax levy losses certified under this division.108838

       (C) On or before each of the days prescribed for the 108839
settlements under divisions (A) and (C) of section 321.24 of the 108840
Revised Code in the years 2006 through 20172015, the county 108841
treasurer shall deduct one-half of the amount apportioned to each 108842
school district, joint vocational school district, and local 108843
taxing unit from the portions of revenue payable to them.108844

       (D) On or before each of the days prescribed for settlements 108845
under divisions (A) and (C) of section 321.24 of the Revised Code 108846
in the years 2006 through 20172015, the county auditor shall 108847
cause to be deposited an amount equal to one-half of the amount of 108848
the administrative fee loss in the same funds as if allowed as 108849
administrative fees.108850

       Sec. 5751.50.  (A) For tax periods beginning on or after 108851
January 1, 2008, a refundable credit granted by the tax credit 108852
authority under section 122.17 or division (B)(2) or (3) of 108853
section 122.171 of the Revised Code may be claimed under this 108854
chapter in the order required under section 5751.98 of the Revised 108855
Code. For purposes of making tax payments under this chapter, 108856
taxes equal to the amount of the refundable credit shall be 108857
considered to be paid to this state on the first day of the tax 108858
period. A credit claimed in calendar year 2008 may not be applied 108859
against the tax otherwise due for a tax period beginning before 108860
July 1, 2008. The refundable credit shall not be claimed against 108861
the tax otherwise due for any tax period beginning after the date 108862
on which a relocation of employment positions occurs in violation 108863
of an agreement entered into under section 122.17 or 122.171 of 108864
the Revised Code.108865

        (B) For tax periods beginning on or after January 1, 2008, a 108866
nonrefundable credit granted by the tax credit authority under 108867
division (B)(1) of section 122.171 of the Revised Code may be 108868
claimed under this chapter in the order required under section 108869
5751.98 of the Revised Code. A credit claimed in calendar year 108870
2008 may not be applied against the tax otherwise due under this 108871
chapter for a tax period beginning before July 1, 2008. The credit 108872
shall not be claimed against the tax otherwise due for any tax 108873
period beginning after the date on which a relocation of 108874
employment positions occurs in violation of an agreement entered 108875
into under section 122.17 or 122.171 of the Revised Code. No 108876
credit shall be allowed under this chapter if the credit was 108877
available against the tax imposed by section 5733.06 or 5747.02 of 108878
the Revised Code, except to the extent the credit was not applied 108879
against such tax.108880

       Sec. 5753.01.  As used in Chapter 5753. of the Revised Code 108881
and for no other purpose under Title LVII of the Revised Code:108882

       (A) "Casino facility" has the same meaning as in section 108883
3772.01 of the Revised Code.108884

       (B) "Casino gaming" has the same meaning as in section 108885
3772.01 of the Revised Code.108886

       (C) "Casino operator" has the same meaning as in section 108887
3772.01 of the Revised Code.108888

       (D) "Gross casino revenue" means the total amount of money 108889
exchanged for the purchase of chips, tokens, tickets, electronic 108890
cards, or similar objects by casino patrons, less winnings paid to 108891
wagerers. "Gross casino revenue" does not mean, and has no 108892
relation to or effect on, a casino operator's "gross receipts" as 108893
defined in division (F) of section 5751.01 of the Revised Code.108894

       (E) "Person" has the same meaning as in section 3772.01 of 108895
the Revised Code.108896

       (F) "Slot machine" has the same meaning as in section 3772.01 108897
of the Revised Code.108898

       (G) "Table game" has the same meaning as in section 3772.01 108899
of the Revised Code.108900

       (H) "Tax period" means one twenty-four-hour period with 108901
regard to which a casino operator is required to pay the tax 108902
levied by this chapter.108903

       Sec. 6101.16.  When it is determined to let the work relating 108904
to the improvements for which a conservancy district was 108905
established by contract, contracts in amounts to exceed 108906
twenty-five thousand dollars shall be advertised after notice 108907
calling for bids has been published once a week for two 108908
consecutive weeks or as provided in section 7.16 of the Revised 108909
Code, with the last publication to occur at least eight days prior 108910
to the date on which bids will be accepted, in a newspaper of 108911
general circulation within the conservancy district where the work 108912
is to be done. If the bids are for a contract for the 108913
construction, demolition, alteration, repair, or reconstruction of 108914
an improvement, the board of directors of the conservancy district 108915
may let the contract to the lowest responsive and most responsible 108916
bidder who meets the requirements of section 153.54 of the Revised 108917
Code. If the bids are for a contract for any other work relating 108918
to the improvements for which a conservancy district was 108919
established, the board of directors of the district may let the 108920
contract to the lowest responsive and most responsible bidder who 108921
gives a good and approved bond, with ample security, conditioned 108922
on the carrying out of the contract. The contract shall be in 108923
writing and shall be accompanied by or refer to plans and 108924
specifications for the work to be done prepared by the chief 108925
engineer. The plans and specifications shall at all times be made 108926
and considered a part of the contract. The contract shall be 108927
approved by the board and signed by the president of the board and 108928
by the contractor and shall be executed in duplicate. In case of 108929
sudden emergency when it is necessary in order to protect the 108930
district, the advertising of contracts may be waived upon the 108931
consent of the board, with the approval of the court or a judge of 108932
the court of common pleas of the county in which the office of the 108933
district is located.108934

       Sec. 6103.04.  (A) Whenever any portion of a county sewer 108935
district is incorporated as, or annexed to, a municipal 108936
corporation, the area so incorporated or annexed shall remain 108937
under the jurisdiction of the board of county commissioners for 108938
purposes of the acquisition and construction of water supply 108939
improvements until all of the improvements for the area for which 108940
a resolution described in division (A) or (E) of section 6103.05 108941
of the Revised Code has been adopted by the board have been 108942
acquired or completed or until the board has abandoned the 108943
improvements. The board, unless and until a conveyance is made to 108944
a municipal corporation in accordance with division (B) of this 108945
section, shall continue to have jurisdiction in the area so 108946
incorporated or annexed with respect to the management, 108947
maintenance, and operation of all water supply improvements so 108948
acquired or completed, or previously acquired or completed, 108949
including the right to establish rules and rates and charges for 108950
the use of, and connections to, the improvements. The 108951
incorporation or annexation of any part of a district shall not 108952
affect the legality or enforceability of any public obligations 108953
issued or incurred by the county for purposes of this chapter to 108954
provide for the payment of the cost of acquisition, construction, 108955
maintenance, or operation of any water supply improvements within 108956
the area, or the validity of any assessments levied or to be 108957
levied upon properties within the area to provide for the payment 108958
of the cost of acquisition, construction, maintenance, or 108959
operation of the improvements.108960

       (B) AnyA board may convey, by mutual agreement, to a 108961
municipal corporation any of the following:108962

       (1) Any completed water supply facilities acquired or 108963
constructed by a county under this chapter for the use of, or 108964
service of property located in, any county sewer district, or any 108965
part of those facilities, that are located within athe municipal 108966
corporation or within any area that is incorporated as, or annexed 108967
to, athe municipal corporation, or any;108968

       (2) Any part of the water supply facilities that provide 108969
water for athe municipal corporation or such an area, may be 108970
conveyed, by mutual agreement between the board and the municipal 108971
corporation, to the municipal corporation onany area that is 108972
incorporated as, or annexed to, the municipal corporation;108973

       (3) Any part of the water supply facilities that are 108974
connected to water supply facilities of the municipal corporation.108975

       The conveyance shall be completed with terms and for 108976
consideration as may be negotiated. Upon and after the conveyance, 108977
the municipal corporation shall manage, maintain, and operate the 108978
facilities in accordance with the agreement. The board may retain 108979
the right to joint use of all or part of any facilities so 108980
conveyed for the benefit of the district. Neither the validity of 108981
any assessment levied or to be levied, nor the legality or 108982
enforceability of any public obligations issued or incurred, to 108983
provide for the payment of the cost of the acquisition, 108984
construction, maintenance, or operation of the facilities or any 108985
part of them shall be affected by the conveyance.108986

       Sec. 6103.05.  (A) After the establishment of any county 108987
sewer district, the board of county commissioners, if a water 108988
supply improvement is to be undertaken, may have the county 108989
sanitary engineer prepare, or otherwise cause to be prepared, for 108990
the district, or revise as needed, a general plan of water supply 108991
that is as complete as can be developed at the time. After the 108992
general plan, in original or revised form, has been approved by 108993
the board, it may adopt a resolution generally describing the 108994
water supply improvement that is necessary to be acquired or 108995
constructed in accordance with the plan, declaring that the 108996
improvement is necessary for the preservation and promotion of the 108997
public health and welfare, and determining whether or not special 108998
assessments are to be levied and collected to pay any part of the 108999
cost of the improvement.109000

       (B) If special assessments are not to be levied and collected 109001
to pay any part of the cost of the improvement, the board, in the 109002
resolution provided for in division (A) of this section or in a 109003
subsequent resolution, including a resolution authorizing the 109004
issuance or incurrence of public obligations for the improvement, 109005
may authorize the improvement and the expenditure of the funds 109006
required for its acquisition or construction and may proceed with 109007
the improvement without regard to the procedures otherwise 109008
required by divisions (C), (D), and (E) of this section and by 109009
sections 6103.06, 6103.07, and 6117.09 to 6117.24 of the Revised 109010
Code. Those procedures shall be required only for improvements for 109011
which special assessments are to be levied and collected.109012

       (C) If special assessments are to be levied and collected 109013
pursuant to a determination made in the resolution provided for in 109014
division (A) of this section or in a subsequent resolution, the 109015
procedures referred to in division (B) of this section as being 109016
required for that purpose shall apply, and the board may have the 109017
county sanitary engineer prepare, or otherwise cause to be 109018
prepared, detailed plans, specifications, and an estimate of cost 109019
for the improvement, together with a tentative assessment of the 109020
cost based on the estimate. The tentative assessment shall be for 109021
the information of property owners and shall not be levied or 109022
certified to the county auditor for collection. The detailed 109023
plans, specifications, estimate of cost, and tentative assessment, 109024
if approved by the board, shall be carefully preserved in the 109025
office of the board or the county sanitary engineer and shall be 109026
open to the inspection of all persons interested in the 109027
improvement.109028

       (D) After the board's approval of the detailed plans, 109029
specifications, estimate of cost, and tentative assessment, and at 109030
least twenty-four days before adopting a resolution pursuant to 109031
division (E) of this section, the board, except to the extent that 109032
appropriate waivers of notice are obtained from affected owners, 109033
shall cause to be sent a notice of its intent to adopt a 109034
resolution to each owner of property proposed to be assessed that 109035
is listed on the records of the county auditor for current 109036
agricultural use value taxation pursuant to section 5713.31 of the 109037
Revised Code and that is not located in an agricultural district 109038
established under section 929.02 of the Revised Code. The notice 109039
shall satisfy all of the following:109040

       (1) Be sent by first class or certified mail;109041

       (2) Specify the proposed date of the adoption of the 109042
resolution;109043

       (3) Contain a statement that the improvement will be financed 109044
in whole or in part by special assessments and that all properties 109045
not located in an agricultural district established pursuant to 109046
section 929.02 of the Revised Code may be subject to a special 109047
assessment;109048

       (4) Contain a statement that an agricultural district may be 109049
established by filing an application with the county auditor.109050

       If it appears, by the return of the mailed notices or by 109051
other means, that one or more of the affected owners cannot be 109052
found or are not served by the mailed notice, the board shall 109053
cause the notice to be published once in a newspaper of general 109054
circulation in the county not later than ten days before the 109055
adoption of the resolution.109056

       (E) After complying with divisions (A), (C), and (D) of this 109057
section, the board may adopt a resolution declaring that the 109058
improvement, which shall be described as to its nature and its 109059
location, route, and termini, is necessary for the preservation 109060
and promotion of the public health and welfare, referring to the 109061
plans, specifications, estimate of cost, and tentative assessment, 109062
stating the place where they are on file and may be examined, and 109063
providing that the entire cost or a lesser designated part of the 109064
cost will be specially assessed against the benefited properties 109065
within the district and that any balance will be paid by the 109066
county at large from other available funds. The resolution also 109067
shall contain a description of the boundaries of that part of the 109068
district to be assessed and shall designate a time and place for 109069
objections to the improvement, to the tentative assessment, or to 109070
the boundaries of the assessment district to be heard by the 109071
board. The date of that hearing shall be not less than twenty-four 109072
days after the date of the first publication of the notice of the 109073
hearing required by this division.109074

       The board shall cause a notice of the hearing to be published 109075
once a week for two consecutive weeks in a newspaper of general 109076
circulation in the county or as provided in section 7.16 of the 109077
Revised Code, and on or before the date of the second publication, 109078
it shall cause to be sent by first class or certified mail a copy 109079
of the notice to every owner of property to be assessed for the 109080
improvement whose address is known.109081

       The notice shall set forth the time and place of the hearing, 109082
a summary description of the proposed improvement, including its 109083
general route and termini, a summary description of the area 109084
constituting the assessment district, and the place where the 109085
plans, specifications, estimate of cost, and tentative assessment 109086
are on file and may be examined. Each mailed notice also shall 109087
include a statement that the property of the addressee will be 109088
assessed for the improvement. The notice also shall be sent by 109089
first class or certified mail, on or before the date of the second 109090
publication, to the clerk, or the official discharging the duties 109091
of a clerk, of any municipal corporation any part of which lies 109092
within the assessment district and shall state whether or not any 109093
property belonging to the municipal corporation is to be assessed 109094
and, if so, shall identify that property.109095

       At the hearing, or at any adjournment of the hearing, of 109096
which no further published or mailed notice need be given, the 109097
board shall hear all parties whose properties are proposed to be 109098
assessed. Written objections to or endorsements of the proposed 109099
improvement, its character and termini, the boundaries of the 109100
assessment district, or the tentative assessment shall be received 109101
by the board for a period of five days after the completion of the 109102
hearing, and no action shall be taken by the board in the matter 109103
until after that period has elapsed. The minutes of the hearing 109104
shall be entered on the journal of the board showing the persons 109105
who appear in person or by attorney, and all written objections 109106
shall be preserved and filed in the office of the board.109107

       Sec. 6103.06.  After the expiration of the period of five 109108
days provided in section 6103.05 of the Revised Code for the 109109
filing of written objections, the board of county commissioners 109110
shall determine whether it will proceed with the construction of 109111
the proposed improvement. If it decides to proceed therewith, the 109112
board shall ratify or amend the plans for the improvement, the 109113
character and termini thereof, the boundaries of the assessment 109114
district, and the tentative assessment, and may cause such 109115
revision of plans, boundaries, or assessments as is necessary to 109116
be made by the county sanitary engineer. If the boundaries of the 109117
assessment district are amended so as to include any property not 109118
included within the boundaries as established by the resolution of 109119
necessity, provided for in section 6103.05 of the Revised Code, 109120
the owners of all such property shall be notified by mail if their 109121
addresses are known, and notice shall be published once a week for 109122
two consecutive weeks in a newspaper of general circulation within 109123
the county or as provided in section 7.16 of the Revised Code, 109124
that such amendments have been adopted and that a hearing will be 109125
given by the board at a time and place stated in such notice at 109126
which all persons interested will be heard by the board. The date 109127
of such hearing shall be not less than twenty-four days after the 109128
first publication of such notice, and the hearing shall be 109129
conducted and records kept in the same manner as the first 109130
hearing. Five days shall be allowed for the filing of written 109131
objections as provided in section 6103.05 of the Revised Code for 109132
the first hearing and after the expiration of such five day period 109133
the board shall ratify the plans for the improvement, the 109134
character and termini thereof, the boundaries of the assessment 109135
district, and the tentative assessment, or shall further amend the 109136
same. If the boundaries of the assessment district are amended so 109137
as to include any property not included in the assessment district 109138
as originally established or previously amended, further notice 109139
and hearing shall be given to the owners of such property in the 109140
same manner as for the first amendment of such boundaries, and the 109141
same procedure shall be repeated until all property owners 109142
affected have been given an opportunity to be heard. If the owners 109143
of all property added to an assessment district by amendment of 109144
the original boundaries thereof waive objection to such amendment 109145
in writing, no further notice or hearing shall be given. After the 109146
board has ratified the plans for the improvement, the character 109147
and termini thereof, the boundaries of the assessment district, 109148
and the tentative assessment, either as originally presented or as 109149
amended, and if it decides to proceed therewith, the board shall 109150
adopt a resolution, to be known as the improvement resolution. 109151
Said improvement resolution shall declare the determination of 109152
such board to proceed with the construction of the improvement 109153
provided for in the resolution of necessity, in accordance with 109154
the plans and specification provided for such improvement, as 109155
ratified or amended, and whether bonds or certificates of 109156
indebtedness shall be issued in anticipation of the collection of 109157
special assessments, or that money in the county treasury 109158
unappropriated for any other purpose shall be appropriated to pay 109159
for said improvement.109160

       Sec. 6103.081.  (A) After the establishment of any county 109161
sewer district, the board of county commissioners may determine by 109162
resolution that it is necessary to provide water supply 109163
improvements and to maintain and operate the improvements within 109164
the district or a designated portion of the district, that the 109165
improvements, which shall be generally described in the 109166
resolution, shall be constructed, that funds are required to pay 109167
the preliminary costs of the improvements to be incurred prior to 109168
the commencement of the proceedings for their construction, and 109169
that those funds shall be provided in accordance with this 109170
section.109171

       (B) Prior to the adoption of the resolution, the board shall 109172
give notice of its pendency and of the proposed determination of 109173
the necessity of the improvements generally described in the 109174
resolution. The notice shall set forth a description of the 109175
properties to be benefited by the improvements and the time and 109176
place of a hearing of objections to and endorsements of the 109177
improvements. The notice shall be given either by publication in a 109178
newspaper of general circulation in the county once a week for two 109179
consecutive weeks, by publication as provided in section 7.16 of 109180
the Revised Code, or by mailing a copy of the notice by first 109181
class or certified mail to the owners of the properties proposed 109182
to be assessed at their respective tax mailing addresses, or by 109183
botha combination of these manners, the first publication to be 109184
made or the mailing to occur at least two weeks prior to the date 109185
set for the hearing. At the hearing, or at any adjournment of the 109186
hearing, of which no further published or mailed notice need be 109187
given, the board shall hear all persons whose properties are 109188
proposed to be assessed and the evidence it considers to be 109189
necessary. The board then shall determine the necessity of the 109190
proposed improvements and whether the improvements shall be made 109191
by the board and, if they are to be made, shall direct the 109192
preparation of tentative assessments upon the benefited properties 109193
and by whom they shall be prepared.109194

       (C) In order to obtain funds for the preparation of a general 109195
or revised general plan of water supply for the district or part 109196
of the district, for the preparation of the detailed plans, 109197
specifications, estimate of cost, and tentative assessment for the 109198
proposed improvements, and for the cost of financing and legal 109199
services incident to the preparation of all of those plans and a 109200
plan of financing the proposed improvements, the board may levy 109201
upon the properties to be benefited in the district a preliminary 109202
assessment apportioned according to benefits or to tax valuation 109203
or partly by one method and partly by the other method as the 109204
board may determine. The assessments shall be in the amount 109205
determined to be necessary to obtain funds for the general and 109206
detailed plans and the cost of financing and legal services and 109207
shall be payable in the number of years that the board shall 109208
determine, not to exceed twenty years, together with interest on 109209
any public obligations that may be issued or incurred in 109210
anticipation of the collection of the assessments.109211

       (D) The board shall have power at any time to levy additional 109212
assessments according to benefits or to tax valuation or partly by 109213
one method and partly by the other method as the board may 109214
determine for the purposes described in division (C) of this 109215
section upon the benefited properties to complete the payment of 109216
the costs described in division (C) of this section or to pay the 109217
cost of any additional plans, specifications, estimate of cost, or 109218
tentative assessment and the cost of financing and legal services 109219
incident to the preparation of those plans and the plan of 109220
financing, which additional assessments shall be payable in the 109221
number of years that the board shall determine, not to exceed 109222
twenty years, together with interest on any public obligations 109223
that may be issued or incurred in anticipation of the collection 109224
of the additional assessments.109225

       (E) Prior to the adoption of a resolution levying assessments 109226
under this section, the board shall give notice either by one 109227
publication in a newspaper of general circulation in the county, 109228
or by mailing a copy of the notice by first class or certified 109229
mail to the owners of the properties proposed to be assessed at 109230
their respective tax mailing addresses, or by both manners, the 109231
publication to be made or the mailing to occur at least ten days 109232
prior to the date of the meeting at which the resolution shall be 109233
taken up for consideration; that notice shall state the time and 109234
place of the meeting at which the resolution is to be considered. 109235
At the time and place of the meeting, or at any adjournment of the 109236
meeting, of which no further published or mailed notice need be 109237
given, the board shall hear all persons whose properties are 109238
proposed to be assessed, shall correct any errors and make any 109239
revisions that appear to be necessary or just, and then may adopt 109240
a resolution levying upon the properties determined to be 109241
benefited the assessments as so corrected and revised.109242

       The assessments levied by the resolution shall be certified 109243
to the county auditor for collection in the same manner as taxes 109244
in the year or years in which they are payable.109245

       (F) Upon the adoption of the resolution described in division 109246
(E) of this section, no further action shall be taken or work done 109247
until ten days have elapsed. If, at the expiration of that period, 109248
no appeal has been effected by any property owner as provided in 109249
this division, the action of the board shall be final. If, at the 109250
end of that ten days, any owner of property to be assessed for the 109251
improvements has effected an appeal, no further action shall be 109252
taken and no work done in connection with the improvements under 109253
the resolution until the matters appealed from have been disposed 109254
of in court.109255

       Any owner of property to be assessed may appeal as provided 109256
and upon the grounds stated in sections 6117.09 to 6117.24 of the 109257
Revised Code.109258

       If no appeal has been perfected or if on appeal the 109259
resolution of the board is sustained, the board may authorize and 109260
enter into contracts to carry out the purpose for which the 109261
assessments have been levied without the prior issuance of notes, 109262
provided that the payments under those contracts do not fall due 109263
prior to the time by which the assessments are to be collected. 109264
The board may issue and sell bonds with a maximum maturity of 109265
twenty years in anticipation of the collection of the assessments 109266
and may issue notes in anticipation of the issuance of the bonds, 109267
which notes and bonds, as public obligations, shall be issued and 109268
sold as provided in Chapter 133. of the Revised Code.109269

       Sec. 6103.31.  (A) If the board of county commissioners 109270
determines by resolution that the best interests of the county and 109271
the users of water supply facilities of the county serving a sewer 109272
district so require, the board may sell or otherwise dispose of 109273
the facilities to another public agency or a person. The 109274
resolution declaring the necessity of that disposition shall 109275
recite the reasons for the sale or other disposition and shall 109276
establish any conditions or terms that the board may impose, 109277
including, but not limited to, a minimum sales price if a sale is 109278
proposed, a requirement for the submission by bidders of the 109279
schedule of water rates and charges initially proposed to be paid 109280
by the users of the facilities, and other pertinent conditions or 109281
terms relating to the sale or other disposition. The resolution 109282
also shall designate a time and place for the hearing of 109283
objections to the sale or other disposition by the board. Notice 109284
of the adoption of the resolution and the time and place of the 109285
hearing shall be published as provided in section 7.16 of the 109286
Revised Code, or once a week for two consecutive weeks, in a 109287
newspaper of general circulation in the sewer district and in the 109288
county. The public hearing on the sale or other disposition shall 109289
be held not less than twenty-four days following the date of first 109290
publication of the notice. A copy of the notice also shall be sent 109291
by first class or certified mail, on or before the date of the 109292
second publication, to any public agency within the area served by 109293
the facilities. At the public hearing, or at any adjournment of 109294
it, of which no further published or mailed notice need be given, 109295
the board shall hear all interested parties. A period of five days 109296
shall be given following the completion of the hearing for the 109297
filing of written objections by any interested persons or public 109298
agencies to the sale or other disposition, after which the board 109299
shall consider any objections and by resolution determine whether 109300
or not to proceed with the sale or other disposition. If the board 109301
determines to proceed with the sale or other disposition, it shall 109302
receive bids after advertising once a week for four consecutive 109303
weeks in a newspaper of general circulation in the county or as 109304
provided in section 7.16 of the Revised Code and, subject to the 109305
right of the board to reject any or all bids, may make an award to 109306
a responsible bidder whose proposal is determined by the board to 109307
be in the best interests of the county and the users of the 109308
facilities.109309

       (B) A conveyance of water supply facilities by a county to a 109310
municipal corporation, in accordance with division (B) of section 109311
6103.04 of the Revised Code, may be made without regard to 109312
division (A) of this section.109313

       Sec. 6105.131.  The board of directors of a watershed 109314
district may designate a specific reach in the channel of any 109315
watercourse within the territorial boundaries of the district as a 109316
restricted channel, when the construction or alteration of 109317
structures or obstructions within such channel will restrict its 109318
capacity so as to constitute an unreasonable hazard to the safety 109319
of life and property in times of flood, or designate any area 109320
outside the banks of a restricted channel as a restricted floodway 109321
when such area is reasonably necessary to the efficiency of a 109322
restricted channel as a means of carrying off flood waters. Such 109323
designation of a restricted channel or restricted floodway shall 109324
be made in the following manner:109325

       (A) The board shall adopt a resolution stating its intent to 109326
designate a specific reach in a channel of a watercourse as a 109327
restricted channel or a specific area as a restricted floodway. 109328
Such resolution shall contain a description of the reach of the 109329
channel to be designated as a restricted channel or description of 109330
the area to be designated as a restricted floodway and the reasons 109331
of the board for making such designation.109332

       (B) The board shall cause such resolution to be published as 109333
provided in section 7.16 of the Revised Code or once a week for 109334
two consecutive weeks in a newspaper of general circulation in the 109335
county or counties in which such restricted channel or restricted 109336
floodway is located, together with a notice of the time and place 109337
where a hearing will be held by the board on the question of 109338
designating such channel as a restricted channel or such area as a 109339
restricted floodway and. The board also shall give not less than 109340
ten days notice of said hearing by first class mail to all owners 109341
of property within the area proposed to be designated as a 109342
restricted floodway. The date of such hearing shall be not less 109343
than ten days after the completion of the publication provided for 109344
by this division.109345

       (C) The board shall hold a hearing at the time and place 109346
designated in the notice published under division (B) of this 109347
section at which time indorsements of and objections to the 109348
designation of such channel as a restricted channel or such area 109349
as a restricted floodway shall be heard.109350

       (D) The board may, after the completion of the hearing under 109351
division (C) of this section and after finding that the 109352
construction or alteration of structures or obstructions or 109353
relocation, alteration, restriction, deposit, or encroachment 109354
within the designated reach of such channel will restrict its 109355
capacity so as to constitute an unreasonable hazard to the safety 109356
of life and property in times of flood, adopt a resolution 109357
designating the reach of the channel described in the resolution 109358
of intent adopted under division (A) of this section or any 109359
modification thereof as a restricted channel.109360

       (E) In like manner the board may, after completion of a 109361
hearing under division (C) of this section and after finding that 109362
the construction or alteration of structures or obstructions or 109363
change of grade within a designated floodway area will restrict 109364
its capacity or efficiency as a means of carrying off flood water 109365
so as to constitute an unreasonable hazard to the safety of life 109366
and property in times of flood, adopt a resolution designating the 109367
area described in the resolution of intent adopted under division 109368
(A) of this section, or any modification thereof, as a restricted 109369
floodway.109370

       Sec. 6109.21.  (A) Except as provided in divisions (D) and 109371
(E) of this section, on and after January 1, 1994, no person shall 109372
operate or maintain a public water system in this state without a 109373
license issued by the director of environmental protection. A 109374
person who operates or maintains a public water system on January 109375
1, 1994, shall obtain an initial license under this section in 109376
accordance with the following schedule:109377

       (1) If the public water system is a community water system, 109378
not later than January 31, 1994;109379

       (2) If the public water system is not a community water 109380
system and serves a nontransient population, not later than 109381
January 31, 1994;109382

       (3) If the public water system is not a community water 109383
system and serves a transient population, not later than January 109384
31, 1995.109385

       A person proposing to operate or maintain a new public water 109386
system after January 1, 1994, in addition to complying with 109387
section 6109.07 of the Revised Code and rules adopted under it, 109388
shall submit an application for an initial license under this 109389
section to the director prior to commencing operation of the 109390
system.109391

       A license or license renewal issued under this section shall 109392
be renewed annually. Such a license or license renewal shall 109393
expire on the thirtieth day of January in the year following its 109394
issuance. A license holder that proposes to continue operating the 109395
public water system for which the license or license renewal was 109396
issued shall apply for a license renewal at least thirty days 109397
prior to that expiration date.109398

       The director shall adopt, and may amend and rescind, rules in 109399
accordance with Chapter 119. of the Revised Code establishing 109400
procedures governing and information to be included on 109401
applications for licenses and license renewals under this section. 109402
Through June 30, 20122014, each application shall be accompanied 109403
by the appropriate fee established under division (M) of section 109404
3745.11 of the Revised Code, provided that an applicant for an 109405
initial license who is proposing to operate or maintain a new 109406
public water system after January 1, 1994, shall submit a fee that 109407
equals a prorated amount of the appropriate fee established under 109408
that division for the remainder of the licensing year.109409

       (B) Not later than thirty days after receiving a completed 109410
application and the appropriate license fee for an initial license 109411
under division (A) of this section, the director shall issue the 109412
license for the public water system. Not later than thirty days 109413
after receiving a completed application and the appropriate 109414
license fee for a license renewal under division (A) of this 109415
section, the director shall do one of the following:109416

       (1) Issue the license renewal for the public water system;109417

       (2) Issue the license renewal subject to terms and conditions 109418
that the director determines are necessary to ensure compliance 109419
with this chapter and rules adopted under it;109420

       (3) Deny the license renewal if the director finds that the 109421
public water system was not operated in substantial compliance 109422
with this chapter and rules adopted under it.109423

       (C) The director may suspend or revoke a license or license 109424
renewal issued under this section if the director finds that the 109425
public water system was not operated in substantial compliance 109426
with this chapter and rules adopted under it. The director shall 109427
adopt, and may amend and rescind, rules in accordance with Chapter 109428
119. of the Revised Code governing such suspensions and 109429
revocations.109430

       (D)(1) As used in division (D) of this section, "church" 109431
means a fellowship of believers, congregation, society, 109432
corporation, convention, or association that is formed primarily 109433
or exclusively for religious purposes and that is not formed or 109434
operated for the private profit of any person.109435

       (2) This section does not apply to a church that operates or 109436
maintains a public water system solely to provide water for that 109437
church or for a campground that is owned by the church and 109438
operated primarily or exclusively for members of the church and 109439
their families. A church that, on or before March 5, 1996, has 109440
obtained a license under this section for such a public water 109441
system need not obtain a license renewal under this section.109442

       (E) This section does not apply to any public or nonpublic 109443
school that meets minimum standards of the state board of 109444
education that operates or maintains a public water system solely 109445
to provide water for that school.109446

       (F) The environmental protection agency shall collect well 109447
log filing fees on behalf of the division of soil and water 109448
resources in the department of natural resources in accordance 109449
with section 1521.05 of the Revised Code and rules adopted under 109450
it. The fees shall be submitted to the division quarterly as 109451
provided in those rules.109452

       Sec. 6111.038.  There is hereby created in the state treasury 109453
the surface water protection fund, consisting of moneys 109454
distributed to it. The director of environmental protection shall 109455
use moneys in the fund solely for administration and 109456
implementation of surface water protection programs, including at 109457
least programs required under the "Federal Water Pollution Control 109458
Act" and programs necessary to carry out the purposes of this 109459
chapter. Those programs shall include at least the development of 109460
water quality standards; the development of wasteload allocations; 109461
the establishment of water quality-based effluent limits; the 109462
monitoring and analysis of chemical, physical, and biological 109463
surface water quality; the issuance, modification, and renewal of 109464
NPDES permits and permits to install; the ensurance of compliance 109465
with permit conditions; the management and oversight of 109466
pretreatment programs; the provision of technical assistance to 109467
publicly owned treatment works; and the administration of the 109468
water pollution control loan fund created in section 6111.036 of 109469
the Revised Code.109470

       Moneys in the fund shall not be used to meet any state 109471
matching requirements that are necessary to obtain federal grants.109472

       Sec. 6111.044.  Upon receipt of an application for an 109473
injection well drilling permit, an injection well operating 109474
permit, a renewal of an injection well operating permit, or a 109475
modification of an injection well drilling permit, operating 109476
permit, or renewal of an operating permit, the director of 109477
environmental protection shall determine whether the application 109478
is complete and demonstrates that the activities for which the 109479
permit, renewal permit, or modification is requested will comply 109480
with the Federal Water Pollution Control Act and regulations 109481
adopted under it; the "Safe Drinking Water Act," 88 Stat. 1661 109482
(1974), 42 U.S.C.A. 300(f), as amended, and regulations adopted 109483
under it; and this chapter and the rules adopted under it. If the 109484
application demonstrates that the proposed activities will not 109485
comply or will pose an unreasonable risk of inducing seismic 109486
activity, inducing geologic fracturing, or contamination of an 109487
underground source of drinking water, the director shall deny the 109488
application. If the application does not make the required 109489
demonstrations, the director shall return it to the applicant with 109490
an indication of those matters about which a required 109491
demonstration was not made. If the director determines that the 109492
application makes the required demonstrations, the director shall 109493
transmit copies of the application and all of the accompanying 109494
maps, data, samples, and information to the chief of the division 109495
of mineraloil and gas resources management, the chief of the 109496
division of geological survey, and the chief of the division of 109497
soil and water resources, and, if the well is or is to be located 109498
in a coal bearing township designated under section 1561.06 of the 109499
Revised Code, the chief of the division of mineral resources 109500
management in the department of natural resources.109501

       The chief of the division of geological survey shall comment 109502
upon the application if the chief determines that the proposed 109503
well or injection will present an unreasonable risk of loss or 109504
damage to valuable mineral resources. If the chief submits 109505
comments on the application, those comments shall be accompanied 109506
by an evaluation of the geological factors upon which the comments 109507
are based, including fractures, faults, earthquake potential, and 109508
the porosity and permeability of the injection zone and confining 109509
zone, and by the documentation supporting the evaluation. The 109510
director shall take into consideration the chief's comments, and 109511
the accompanying evaluation of geologic factors and supporting 109512
documentation, when considering the application. The director 109513
shall provide written notice to the chief of the director's 109514
decision on the application and, if the chief's comments are not 109515
included in the permit, renewal permit, or modification, of the 109516
director's rationale for not including them.109517

       The chief of the division of mineraloil and gas resources 109518
management shall comment upon the application if the chief 109519
determines that the proposed well or injection will present an 109520
unreasonable risk that waste or contamination of recoverable oil 109521
or gas in the earth will occur. If the chief submits comments on 109522
the application, those comments shall be accompanied by an 109523
evaluation of the oil or gas reserves that, in the best 109524
professional judgment of the chief, are recoverable and will be 109525
adversely affected by the proposed well or injection, and by the 109526
documentation supporting the evaluation. The director shall take 109527
into consideration the chief's comments, and the accompanying 109528
evaluation and supporting documentation, when considering the 109529
application. The director shall provide written notice to the 109530
chief of the director's decision on the application and, if the 109531
chief's comments are not included in the permit, renewal permit, 109532
or modification, of the director's rationale for not including 109533
them.109534

       The chief of the division of soil and water resources shall 109535
assist the director in determining whether all underground sources 109536
of drinking water in the area of review of the proposed well or 109537
injection have been identified and correctly delineated in the 109538
application. If the application fails to identify or correctly 109539
delineate an underground source of drinking water, the chief shall 109540
provide written notice of that fact to the director.109541

       The chief of the division of mineral resources management109542
also shall review the application as follows:109543

       If the application concerns the drilling or conversion of a 109544
well or the injection into a well that is not or is not to be 109545
located within five thousand feet of the excavation and workings 109546
of a mine, the chief of the division of mineral resources 109547
management shall note upon the application that it has been 109548
examined by the division of mineral resources management, retain a 109549
copy of the application and map, and immediately return a copy of 109550
the application to the director.109551

       If the application concerns the drilling or conversion of a 109552
well or the injection into a well that is or is to be located 109553
within five thousand feet, but more than five hundred feet from 109554
the surface excavations and workings of a mine, the chief of the 109555
division of mineral resources management immediately shall notify 109556
the owner or lessee of the mine that the application has been 109557
filed and send to the owner or lessee a copy of the map 109558
accompanying the application setting forth the location of the 109559
well. The chief of the division of mineral resources management 109560
shall note on the application that the notice has been sent to the 109561
owner or lessee of the mine, retain a copy of the application and 109562
map, and immediately return a copy of the application to the 109563
director with the chief's notation on it.109564

       If the application concerns the drilling or conversion of a 109565
well or the injection into a well that is or is to be located 109566
within five thousand feet of the underground excavations and 109567
workings of a mine or within five hundred feet of the surface 109568
excavations and workings of a mine, the chief of the division of 109569
mineral resources management immediately shall notify the owner or 109570
lessee of the mine that the application has been filed and send to 109571
the owner or lessee a copy of the map accompanying the application 109572
setting forth the location of the well. If the owner or lessee 109573
objects to the application, the owner or lessee shall notify the 109574
chief of the division of mineral resources management of the 109575
objection, giving the reasons, within six days after the receipt 109576
of the notice. If the chief of the division of mineral resources 109577
management receives no objections from the owner or lessee of the 109578
mine within ten days after the receipt of the notice by the owner 109579
or lessee, or if in the opinion of the chief of the division of 109580
mineral resources management the objections offered by the owner 109581
or lessee are not sufficiently well founded, the chief shall 109582
retain a copy of the application and map and return a copy of the 109583
application to the director with any applicable notes concerning 109584
it.109585

       If the chief of the division of mineral resources management 109586
receives an objection from the owner or lessee of the mine as to 109587
the application, within ten days after receipt of the notice by 109588
the owner or lessee, and if in the opinion of the chief the 109589
objection is well founded, the chief shall disapprove the 109590
application and immediately return it to the director together 109591
with the chief's reasons for the disapproval. The director 109592
promptly shall notify the applicant for the permit, renewal 109593
permit, or modification of the disapproval. The applicant may 109594
appeal the disapproval of the application by the chief of the 109595
division of mineral resources management to the reclamation 109596
commission created under section 1513.05 of the Revised Code, and 109597
the commission shall hear the appeal in accordance with section 109598
1513.13 of the Revised Code. The appeal shall be filed within 109599
thirty days from the date the applicant receives notice of the 109600
disapproval. No comments concerning or disapproval of an 109601
application shall be delayed by the chief of the division of 109602
mineral resources management for more than fifteen days from the 109603
date of sending of notice to the mine owner or lessee as required 109604
by this section.109605

       The director shall not approve an application for an 109606
injection well drilling permit, an injection well operating 109607
permit, a renewal of an injection well operating permit, or a 109608
modification of an injection well drilling permit, operating 109609
permit, or renewal of an operating permit for a well that is or is 109610
to be located within three hundred feet of any opening of any mine 109611
used as a means of ingress, egress, or ventilation for persons 109612
employed in the mine, nor within one hundred feet of any building 109613
or flammable structure connected with the mine and actually used 109614
as a part of the operating equipment of the mine, unless the chief 109615
of the division of mineral resources management determines that 109616
life or property will not be endangered by drilling and operating 109617
the well in that location.109618

       Upon review by the chief of the division of mineraloil and 109619
gas resources management, the chief of the division of geological 109620
survey, and the chief of the division of soil and water resources, 109621
and if the chief of the division of mineral resources management 109622
has not disapproved the application, the director shall issue a 109623
permit, renewal permit, or modification with any terms and 109624
conditions that may be necessary to comply with the Federal Water 109625
Pollution Control Act and regulations adopted under it; the "Safe 109626
Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f) as 109627
amended, and regulations adopted under it; and this chapter and 109628
the rules adopted under it. The director shall not issue a permit, 109629
renewal permit, or modification to an applicant if the applicant 109630
or persons associated with the applicant have engaged in or are 109631
engaging in a substantial violation of this chapter that is 109632
endangering or may endanger human health or the environment or if, 109633
in the case of an applicant for an injection well drilling permit, 109634
the applicant, at the time of applying for the permit, did not 109635
hold an injection well operating permit or renewal of an injection 109636
well drilling permit and failed to demonstrate sufficient 109637
expertise and competency to operate the well in compliance with 109638
the applicable provisions of this chapter.109639

       If the director receives a disapproval from the chief of the 109640
division of mineral resources management regarding an application 109641
for an injection well drilling or operating permit, renewal 109642
permit, or modification, if required, the director shall issue an 109643
order denying the application.109644

       The director need not issue a proposed action under section 109645
3745.07 of the Revised Code or hold an adjudication hearing under 109646
that section and Chapter 119. of the Revised Code before issuing 109647
or denying a permit, renewal permit, or modification of a permit 109648
or renewal permit. Before issuing or renewing a permit to drill or 109649
operate a class I injection well or a modification of it, the 109650
director shall propose the permit, renewal permit, or modification 109651
in draft form and shall hold a public hearing to receive public 109652
comment on the draft permit, renewal permit, or modification. At 109653
least fifteen days before the public hearing on a draft permit, 109654
renewal permit, or modification, the director shall publish notice 109655
of the date, time, and location of the public hearing in at least 109656
one newspaper of general circulation serving the area where the 109657
well is or is to be located. The proposing of such a draft permit, 109658
renewal permit, or modification does not constitute the issuance 109659
of a proposed action under section 3745.07 of the Revised Code, 109660
and the holding of the public hearing on such a draft permit, 109661
renewal permit, or modification does not constitute the holding of 109662
an adjudication hearing under that section and Chapter 119. of the 109663
Revised Code. Appeals of orders other than orders of the chief of 109664
the division of mineral resources management shall be taken under 109665
sections 3745.04 to 3745.08 of the Revised Code.109666

       The director may order that an injection well drilling permit 109667
or an injection well operating permit or renewal permit be 109668
suspended and that activities under it cease after determining 109669
that those activities are occurring in violation of law, rule, 109670
order, or term or condition of the permit. Upon service of a copy 109671
of the order upon the permit holder or the permit holder's 109672
authorized agent or assignee, the permit and activities under it 109673
shall be suspended immediately without prior hearing and shall 109674
remain suspended until the violation is corrected and the order of 109675
suspension is lifted. If a violation is the second within a 109676
one-year period, the director, after a hearing, may revoke the 109677
permit.109678

       The director may order that an injection well drilling permit 109679
or an injection well operating permit or renewal permit be 109680
suspended and that activities under it cease if the director has 109681
reasonable cause to believe that the permit would not have been 109682
issued if the information available at the time of suspension had 109683
been available at the time a determination was made by one of the 109684
agencies acting under authority of this section. Upon service of a 109685
copy of the order upon the permit holder or the permit holder's 109686
authorized agent or assignee, the permit and activities under it 109687
shall be suspended immediately without prior hearing, but a permit 109688
may not be suspended for that reason without prior hearing unless 109689
immediate suspension is necessary to prevent waste or 109690
contamination of oil or gas, comply with the Federal Water 109691
Pollution Control Act and regulations adopted under it; the "Safe 109692
Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as 109693
amended, and regulations adopted under it; and this chapter and 109694
the rules adopted under it, or prevent damage to valuable mineral 109695
resources, prevent contamination of an underground source of 109696
drinking water, or prevent danger to human life or health. If 109697
after a hearing the director determines that the permit would not 109698
have been issued if the information available at the time of the 109699
hearing had been available at the time a determination was made by 109700
one of the agencies acting under authority of this section, the 109701
director shall revoke the permit.109702

       When a permit has been revoked, the permit holder or other 109703
person responsible for it immediately shall plug the well in the 109704
manner required by the director.109705

       The director may issue orders to prevent or require cessation 109706
of violations of this section, section 6111.043, 6111.045, 109707
6111.046, or 6111.047 of the Revised Code, rules adopted under any 109708
of those sections, and terms or conditions of permits issued under 109709
any of them. The orders may require the elimination of conditions 109710
caused by the violation.109711

       Sec. 6111.46.  (A) The environmental protection agency shall 109712
exercise general supervision of the treatment and disposal of 109713
sewage and industrial wastes and the operation and maintenance of 109714
works or means installed for the collection, treatment, and 109715
disposal of sewage and industrial wastes. Such general supervision 109716
shall apply to all features of construction, operation, and 109717
maintenance of the works or means that do or may affect the proper 109718
treatment and disposal of sewage and industrial wastes. 109719

       (B)(1) The agency shall investigate the works or means 109720
employed in the collection, treatment, and disposal of sewage and 109721
industrial wastes whenever considered necessary or whenever 109722
requested to do so by local health officials and may issue and 109723
enforce orders and shall adopt rules governing the operation and 109724
maintenance of the works or means of treatment and disposal of 109725
such sewage and industrial wastes. In adopting rules under this 109726
section, the agency shall establish standards governing the 109727
construction, operation, and maintenance of the works or means of 109728
collection, treatment, and disposal of sewage that is generated at 109729
recreational vehicle parks, recreation camps, combined park-camps, 109730
and temporary park-camps that are separate from such standards 109731
relative to manufactured home parks.109732

       (2) As used in division (B)(1) of this section:109733

       (a) "Manufactured home parks" has the same meaning as in 109734
section 3733.014781.01 of the Revised Code.109735

       (b) "Recreational vehicle parks," "recreation camps," 109736
"combined park-camps," and "temporary park-camps" have the same 109737
meanings as in section 3729.01 of the Revised Code.109738

       (C) The agency may require the submission of records and data 109739
of construction, operation, and maintenance, including plans and 109740
descriptions of existing works or means of treatment and disposal 109741
of such sewage and industrial wastes. When the agency requires the 109742
submission of such records or information, the public officials or 109743
person, firm, or corporation having the works in charge shall 109744
comply promptly with that order.109745

       Sec. 6115.01.  As used in sections 6115.01 to 6115.79 of the 109746
Revised Code:109747

       (A) "Publication" means once a week for three consecutive 109748
weeks in each of two newspapers of different political 109749
affiliations, if there are such newspapers, anda newspaper of 109750
general circulation in the counties wherein publication is to be 109751
made or as provided in section 7.16 of the Revised Code. 109752
Publication need not be made on the same day of the week in each 109753
of the three weeks; but not less than fourteen days, excluding the 109754
day of first publication, shall intervene between the first 109755
publication and the last publication. Publication shall be 109756
complete on the date of the last publication.109757

       (B) "Person" means person, firm, partnership, association, or 109758
corporation, other than county, township, municipal corporation, 109759
or other political subdivision.109760

       (C) "Public corporation" means counties, townships, municipal 109761
corporations, school districts, road districts, ditch districts, 109762
park districts, levee districts, and all other governmental 109763
agencies clothed with the power of levying general or special 109764
taxes.109765

       (D) "Court" means the court of common pleas in which the 109766
petition for the organization of a sanitary district was filed and 109767
granted. In the case of a district lying in more than one county, 109768
"court" means the court comprised of one judge of the court of 109769
common pleas from each county as provided in section 6115.04 of 109770
the Revised Code.109771

       (E) "Land" or "property," unless otherwise specified, means 109772
real property, as "real property" is used in and defined by the 109773
laws of this state, and embraces all railroads, tramroads, roads, 109774
electric railroads, street and interurban railroads, streets and 109775
street improvements, telephones, telegraph, and transmission 109776
lines, gas, sewerage, and water systems, pipelines and 109777
rights-of-way of public service corporations, and all other real 109778
property whether public or private.109779

       (F) "Board of directors" applies to the duties of one 109780
director appointed in accordance with section 6115.10 of the 109781
Revised Code in a district lying wholly within one county.109782

       (G) "Biting arthropods" include mosquitoes, ticks, biting 109783
flies, or other biting arthropods capable of transmitting disease 109784
to humans.109785

       (H) "Bond" or "bonds" means bonds, notes, certificates of 109786
indebtedness, certificates of participation, commercial paper, and 109787
other instruments in writing, including, unless the context does 109788
not admit, bonds or notes issued in anticipation of the issuance 109789
of other bonds, issued by a sanitary district to evidence its 109790
obligation to repay money borrowed, or to pay interest, by, or to 109791
pay at any future time other money obligations of, the sanitary 109792
district.109793

       (I) "Financing costs" has the same meaning as in division (K) 109794
of section 133.01 of the Revised Code.109795

       Sec. 6115.20.  (A) When it is determined to let the work 109796
relating to the improvements for which a sanitary district was 109797
established by contract, contracts in amounts to exceed ten 109798
thousand dollars shall be advertised after notice calling for bids 109799
has been published once a week for five consecutive weeks 109800
completed on the date of last publication or as provided in 109801
section 7.16 of the Revised Code, in at least onea newspaper of 109802
general circulation within the sanitary district where the work is 109803
to be done. The board of directors of the sanitary district shall 109804
let bids as provided in this section or, if applicable, section 109805
9.312 of the Revised Code. If the bids are for a contract for the 109806
construction, demolition, alteration, repair, or reconstruction of 109807
an improvement, the board of directors of the sanitary district 109808
shall let the contract to the lowest or best bidder who meets the 109809
requirements of section 153.54 of the Revised Code. If the bids 109810
are for a contract for any other work relating to the improvements 109811
for which a sanitary district was established, the board of 109812
directors of the sanitary district shall let the contract to the 109813
lowest or best bidder who gives a good and approved bond, with 109814
ample security, conditioned on the carrying out of the contract 109815
and the payment for all labor and material. The contract shall be 109816
in writing and shall be accompanied by or shall refer to plans and 109817
specifications for the work to be done prepared by the chief 109818
engineer. The plans and specifications at all times shall be made 109819
and considered a part of the contract. The contract shall be 109820
approved by the board and signed by the president of the board and 109821
by the contractor and shall be executed in duplicate. In case of 109822
emergency the advertising of contracts may be waived upon the 109823
consent of the board with the approval of the court or judge in 109824
vacation.109825

       (B) In the case of a sanitary district organized wholly for 109826
the purpose of providing a water supply for domestic, municipal, 109827
and public use that includes two municipal corporations in two 109828
counties, any service to be purchased, including the services of 109829
an accountant, architect, attorney at law, physician, or 109830
professional engineer, at a cost in excess of ten thousand dollars 109831
shall be obtained in the manner provided in sections 153.65 to 109832
153.71153.73 of the Revised Code. For the purposes of the 109833
application of those sections to division (B) of this section, all 109834
of the following apply:109835

       (1) "Public authority," as used in those sections, shall be 109836
deemed to mean a sanitary district organized wholly for the 109837
purpose of providing a water supply for domestic, municipal, and 109838
public use that includes two municipal corporations in two 109839
counties;109840

       (2) "Professional design firm," as used in those sections, 109841
shall be deemed to mean any person legally engaged in rendering 109842
professional design services as defined in division (B)(3) of this 109843
section;109844

       (3) "Professional design services," as used in those 109845
sections, shall be deemed to mean accounting, architectural, 109846
legal, medical, or professional engineering services;109847

       (4) The use of other terms in those sections shall be adapted 109848
accordingly, including, without limitation, for the purposes of 109849
division (D)(2) of section 153.67 of the Revised Code;109850

       (5) Divisions (A) to (C) of section 153.71 of the Revised 109851
Code do not apply.109852

       (C) The board of directors of a district organized wholly for 109853
the purpose of providing a water supply for domestic, municipal, 109854
and public use may contract for, purchase, or otherwise procure 109855
for the benefit of employees of the district and pay all or any 109856
part of the cost of group insurance policies that may provide 109857
benefits, including, but not limited to, hospitalization, surgical 109858
care, major medical care, disability, dental care, vision care, 109859
medical care, hearing aids, or prescription drugs. Any group 109860
insurance policy purchased under this division shall be purchased 109861
from the health care corporation that the board of directors 109862
determines offers the most cost-effective group insurance policy.109863

       Sec. 6117.05.  (A) Whenever any portion of a sewer district 109864
is incorporated as, or annexed to, a municipal corporation, the 109865
area so incorporated or annexed shall remain under the 109866
jurisdiction of the board of county commissioners for purposes of 109867
the acquisition and construction of sanitary and drainage facility 109868
and prevention or replacement facility improvements until all of 109869
those improvements for the area for which a resolution described 109870
in division (A) or (E) of section 6117.06 of the Revised Code has 109871
been adopted by the board have been acquired or completed or until 109872
the board has abandoned the improvements. The board, unless and 109873
until a conveyance is made to a municipal corporation in 109874
accordance with division (B) of this section, shall continue to 109875
have jurisdiction in the area so incorporated or annexed with 109876
respect to the management, maintenance, and operation of all 109877
sanitary and drainage facilities and prevention or replacement 109878
facilities so acquired or completed, or previously acquired or 109879
completed, including the right to establish rules and rates and 109880
charges for the use of, and connections to, the facilities. The 109881
incorporation or annexation of any part of a district shall not 109882
affect the legality or enforceability of any public obligations 109883
issued or incurred by the county for purposes of this chapter to 109884
provide for the payment of the cost of acquisition, construction, 109885
maintenance, or operation of any sanitary or drainage facilities 109886
or prevention or replacement facilities within the area, or the 109887
validity of any assessments levied or to be levied upon properties 109888
within the area to provide for the payment of the cost of 109889
acquisition, construction, maintenance, or operation of the 109890
facilities.109891

       (B) AnyA board may convey, by mutual agreement, to a 109892
municipal corporation any of the following:109893

       (1) Any completed sanitary or drainage facilities or 109894
prevention or replacement facilities acquired or constructed by a 109895
county under this chapter for the use of, or service of property 109896
located in, any county sewer district, or any part of those 109897
facilities, that are located within athe municipal corporation 109898
or within any area that is incorporated as, or annexed to, athe109899
municipal corporation, or any;109900

       (2) Any part of the sanitary, drainage, prevention, or 109901
replacement facilities that serve athe municipal corporation or 109902
such an area, may be conveyed, by mutual agreement between the 109903
board and the municipal corporation, to the municipal corporation 109904
onany area that is incorporated as, or annexed to, the municipal 109905
corporation;109906

       (3) Any part of the sanitary, drainage, prevention, or 109907
replacement facilities that are connected to facilities of the 109908
municipal corporation.109909

       The conveyance shall be completed with terms and for 109910
consideration as may be negotiated. Upon and after the conveyance, 109911
the municipal corporation shall manage, maintain, and operate the 109912
facilities in accordance with the agreement. The board may retain 109913
the right to joint use of all or part of any facilities so 109914
conveyed for the benefit of the district. Neither the validity of 109915
any assessment levied or to be levied, nor the legality or 109916
enforceability of any public obligations issued or incurred, to 109917
provide for the payment of the cost of the acquisition, 109918
construction, maintenance, or operation of the facilities or any 109919
part of them, shall be affected by the conveyance.109920

       Sec. 6117.06.  (A) After the establishment of any sewer 109921
district, the board of county commissioners, if a sanitary or 109922
drainage facility or prevention or replacement facility 109923
improvement is to be undertaken, may have the county sanitary 109924
engineer prepare, or otherwise cause to be prepared, for the 109925
district, or revise as needed, a general plan of sewerage or 109926
drainage that is as complete in each case as can be developed at 109927
the time and that is devised with regard to any existing sanitary 109928
or drainage facilities or prevention or replacement facilities in 109929
the district and present as well as prospective needs for 109930
additional sanitary or drainage facilities or prevention or 109931
replacement facilities in the district. After the general plan, in 109932
original or revised form, has been approved by the board, it may 109933
adopt a resolution generally describing the improvement that is 109934
necessary to be acquired or constructed in accordance with the 109935
particular plan, declaring that the improvement is necessary for 109936
the preservation and promotion of the public health and welfare, 109937
and determining whether or not special assessments are to be 109938
levied and collected to pay any part of the cost of the 109939
improvement.109940

       (B) If special assessments are not to be levied and collected 109941
to pay any part of the cost of the improvement, the board, in the 109942
resolution provided for in division (A) of this section or in a 109943
subsequent resolution, including a resolution authorizing the 109944
issuance or incurrence of public obligations for the improvement, 109945
may authorize the improvement and the expenditure of the funds 109946
required for its acquisition or construction and may proceed with 109947
the improvement without regard to the procedures otherwise 109948
required by divisions (C), (D), and (E) of this section and by 109949
sections 6117.07 to 6117.24 of the Revised Code. Those procedures 109950
are required only for improvements for which special assessments 109951
are to be levied and collected.109952

       (C) If special assessments are to be levied and collected 109953
pursuant to a determination made in the resolution provided for in 109954
division (A) of this section or in a subsequent resolution, the 109955
procedures referred to in division (B) of this section as being 109956
required for that purpose shall apply, and the board may have the 109957
county sanitary engineer prepare, or otherwise cause to be 109958
prepared, detailed plans, specifications, and an estimate of cost 109959
for the improvement, together with a tentative assessment of the 109960
cost based on the estimate. The tentative assessment shall be for 109961
the information of property owners and shall not be levied or 109962
certified to the county auditor for collection. The detailed 109963
plans, specifications, estimate of cost, and tentative assessment, 109964
if approved by the board, shall be carefully preserved in the 109965
office of the board or the county sanitary engineer and shall be 109966
open to the inspection of all persons interested in the 109967
improvement.109968

       (D) After the board's approval of the detailed plans, 109969
specifications, estimate of cost, and tentative assessment, and at 109970
least twenty-four days before adopting a resolution pursuant to 109971
division (E) of this section, the board, except to the extent that 109972
appropriate waivers of notice are obtained from affected owners, 109973
shall cause to be sent a notice of its intent to adopt the 109974
resolution to each owner of property proposed to be assessed that 109975
is listed on the records of the county auditor for current 109976
agricultural use value taxation pursuant to section 5713.31 of the 109977
Revised Code and that is not located in an agricultural district 109978
established under section 929.02 of the Revised Code. The notice 109979
shall satisfy all of the following:109980

       (1) Be sent by first class or certified mail;109981

       (2) Specify the proposed date of the adoption of the 109982
resolution;109983

       (3) Contain a statement that the improvement will be financed 109984
in whole or in part by special assessments and that all properties 109985
not located in an agricultural district established pursuant to 109986
section 929.02 of the Revised Code may be subject to a special 109987
assessment;109988

       (4) Contain a statement that an agricultural district may be 109989
established by filing an application with the county auditor.109990

       If it appears, by the return of the mailed notices or by 109991
other means, that one or more of the affected owners cannot be 109992
found or are not served by the mailed notice, the board shall 109993
cause the notice to be published once in a newspaper of general 109994
circulation in the county not later than ten days before the 109995
adoption of the resolution.109996

       (E) After complying with divisions (A), (C), and (D) of this 109997
section, the board may adopt a resolution declaring that the 109998
improvement, which shall be described as to its nature and its 109999
location, route, and termini, is necessary for the preservation 110000
and promotion of the public health and welfare, referring to the 110001
plans, specifications, estimate of cost, and tentative assessment, 110002
stating the place where they are on file and may be examined, and 110003
providing that the entire cost or a lesser designated part of the 110004
cost will be specially assessed against the benefited properties 110005
within the district and that any balance will be paid by the 110006
county at large from other available funds. The resolution also 110007
shall contain a description of the boundaries of that part of the 110008
district to be assessed and shall designate a time and place for 110009
objections to the improvement, to the tentative assessment, or to 110010
the boundaries of the assessment district to be heard by the 110011
board. The date of that hearing shall be not less than twenty-four 110012
days after the date of the first publication of the notice of the 110013
hearing required by this division.110014

       The board shall cause a notice of the hearing to be published 110015
once a week for two consecutive weeks in a newspaper of general 110016
circulation in the county, and onor as provided in section 7.16 110017
of the Revised Code. On or before the date of the second 110018
publication, itthe board shall cause to be sent by first class or 110019
certified mail a copy of the notice to every owner of property to 110020
be assessed for the improvement whose address is known.110021

       The notice shall set forth the time and place of the hearing, 110022
a summary description of the proposed improvement, including its 110023
general route and termini, a summary description of the area 110024
constituting the assessment district, and the place where the 110025
plans, specifications, estimate of cost, and tentative assessment 110026
are on file and may be examined. Each mailed notice also shall 110027
include a statement that the property of the addressee will be 110028
assessed for the improvement. The notice also shall be sent by 110029
first class or certified mail, on or before the date of the second 110030
publication, to the clerk, or to the official discharging the 110031
duties of a clerk, of any municipal corporation any part of which 110032
lies within the assessment district and shall state whether or not 110033
any property belonging to the municipal corporation is to be 110034
assessed and, if so, shall identify that property.110035

       At the hearing, or at any adjournment of the hearing, of 110036
which no further published or mailed notice need be given, the 110037
board shall hear all parties whose properties are proposed to be 110038
assessed. Written objections to or endorsements of the proposed 110039
improvement, its character and termini, the boundaries of the 110040
assessment district, or the tentative assessment shall be received 110041
by the board for a period of five days after the completion of the 110042
hearing, and no action shall be taken by the board in the matter 110043
until after that period has elapsed. The minutes of the hearing 110044
shall be entered on the journal of the board, showing the persons 110045
who appear in person or by attorney, and all written objections 110046
shall be preserved and filed in the office of the board.110047

       Sec. 6117.07.  After the expiration of the period of five 110048
days provided for in section 6117.06 of the Revised Code for the 110049
filing of written objections, the board of county commissioners 110050
shall determine whether or not it will proceed with the 110051
construction of the improvement mentioned in such section. Notice 110052
of the time and place of each meeting of the board of county 110053
commissioners, at which the resolution to proceed with the 110054
construction of such improvement will be considered, shall be 110055
given in writing to all persons who filed written objections as 110056
provided in section 6117.06 of the Revised Code. Such notice shall 110057
contain the following language in addition to the time and place 110058
of the meeting of the board: "any person, firm, or corporation 110059
desiring to appeal from the final order or judgment of the board 110060
upon any of the questions mentioned in section 6117.09 of the 110061
Revised Code shall, on or before the date of the passage of the 110062
improvement resolution, give notice in writing of an intention to 110063
appeal, specifying therein the matters to be appealed from." If it 110064
decides to proceed therewith, the board shall ratify or amend the 110065
plans for the improvement and the character and termini thereof, 110066
the boundaries of the assessment district, and the tentative 110067
assessment, and may cause such revision of plans, boundaries, or 110068
assessments as the board considers necessary to be made by the 110069
county sanitary engineer. If the boundaries of the assessment 110070
district are amended so as to include any property not included 110071
within the boundaries as established by the resolution of 110072
necessity provided for in section 6117.06 of the Revised Code, the 110073
owners of all such property shall be notified by mail if their 110074
addresses are known, and notice shall be published once a week for 110075
two consecutive weeks in a newspaper of general circulation within 110076
the county or as provided in section 7.16 of the Revised Code that 110077
such amendments have been adopted and that a hearing will be given 110078
by the board at a time and place stated in such notice, at which 110079
all persons interested will be heard by the board. The date of 110080
such hearing shall be not less than twenty-four days after the 110081
first publication of such notice, and the hearing shall be 110082
conducted and records kept in the same manner as the first 110083
hearing. Five days shall be allowed for the filing of written 110084
objections as provided in such section for the first hearing.110085

       After the expiration of such five day period, the board shall 110086
ratify the plans for the improvement and the character and termini 110087
thereof, the boundaries of the assessment district, and the 110088
tentative assessment, or shall further amend the same. If the 110089
boundaries of the assessment district are amended so as to include 110090
any property not included in the assessment district as originally 110091
established or previously amended, further notice and hearing 110092
shall be given to the owners of such property in the same manner 110093
as for the first amendment of such boundaries, and the same 110094
procedure shall be repeated until all property owners affected 110095
have been given an opportunity to be heard. If the owners of all 110096
property added to an assessment district by amendment of the 110097
original boundaries thereof waive objection to such amendment in 110098
writing, no further notice or hearing shall be given.110099

       After the board has ratified the plans for the improvement 110100
and the character and termini thereof, the boundaries of the 110101
assessment district, and the tentative assessment, either as 110102
originally presented or as amended, and if it decides to proceed 110103
therewith, the board shall adopt a resolution to be known as the 110104
improvement resolution. Said improvement resolution shall declare 110105
the determination of such board to proceed with the construction 110106
of the improvement provided for in the resolution of necessity, in 110107
accordance with the plans and specifications provided for such 110108
improvement as ratified or amended, and whether bonds or 110109
certificates of indebtedness shall be issued in anticipation of 110110
the collection of special assessments, as provided in section 110111
6117.08 to 6117.45, inclusive, of the Revised Code, or that money 110112
in the county treasury unappropriated for any other purpose shall 110113
be appropriated to pay for said improvement.110114

       Sec. 6117.251.  (A) After the establishment of any county 110115
sewer district, the board of county commissioners may determine by 110116
resolution that it is necessary to provide sanitary or drainage 110117
facility improvements or prevention or replacement facility 110118
improvements and to maintain and operate the improvements within 110119
the district or a designated portion of the district, that the 110120
improvements, which shall be generally described in the 110121
resolution, shall be constructed, that funds are required to pay 110122
the preliminary costs of the improvements to be incurred prior to 110123
the commencement of the proceedings for their construction, and 110124
that those funds shall be provided in accordance with this 110125
section.110126

       (B) Prior to the adoption of the resolution, the board shall 110127
give notice of its pendency and of the proposed determination of 110128
the necessity of the improvements generally described in the 110129
resolution. The notice shall set forth a description of the 110130
properties to be benefited by the improvements and the time and 110131
place of a hearing of objections to and endorsements of the 110132
improvements. The notice shall be given either by publication in a 110133
newspaper of general circulation in the county once a week for two 110134
consecutive weeks, orby publication as provided in section 7.16 110135
of the Revised Code, by mailing a copy of the notice by first 110136
class or certified mail to the owners of the properties proposed 110137
to be assessed at their respective tax mailing addresses, or by 110138
botha combination of these manners, the first publication to be 110139
made or the mailing to occur at least two weeks prior to the date 110140
set for the hearing. At the hearing, or at any adjournment of the 110141
hearing, of which no further published or mailed notice need be 110142
given, the board shall hear all persons whose properties are 110143
proposed to be assessed and the evidence it considers to be 110144
necessary. The board then shall determine the necessity of the 110145
proposed improvements and whether the improvements shall be made 110146
by the board and, if they are to be made, shall direct the 110147
preparation of tentative assessments upon the benefited properties 110148
and by whom they shall be prepared.110149

       (C) In order to obtain funds for the preparation of a general 110150
or revised general plan of sewerage or drainage for the district 110151
or part of the district, for the preparation of the detailed 110152
plans, specifications, estimate of cost, and tentative assessment 110153
for the proposed improvements, and for the cost of financing and 110154
legal services incident to the preparation of all of those plans 110155
and a plan of financing the proposed improvements, the board may 110156
levy upon the properties to be benefited in the district a 110157
preliminary assessment apportioned according to benefits or to tax 110158
valuation or partly by one method and partly by the other method 110159
as the board may determine. The assessments shall be in the amount 110160
determined to be necessary to obtain funds for the general and 110161
detailed plans and the cost of financing and legal services and 110162
shall be payable in the number of years that the board shall 110163
determine, not to exceed twenty years, together with interest on 110164
any public obligations that may be issued or incurred in 110165
anticipation of the collection of the assessments.110166

       (D) The board shall have power at any time to levy additional 110167
assessments according to benefits or to tax valuation or partly by 110168
one method and partly by the other method as the board may 110169
determine for the purposes described in division (C) of this 110170
section upon the benefited properties to complete the payment of 110171
the costs described in division (C) of this section or to pay the 110172
cost of any additional plans, specifications, estimate of cost, or 110173
tentative assessment and the cost of financing and legal services 110174
incident to the preparation of those plans and the plan of 110175
financing, which additional assessments shall be payable in the 110176
number of years that the board shall determine, not to exceed 110177
twenty years, together with interest on any public obligations 110178
that may be issued or incurred in anticipation of the collection 110179
of the additional assessments.110180

       (E) Prior to the adoption of a resolution levying assessments 110181
under this section, the board shall give notice either by one 110182
publication in a newspaper of general circulation in the county, 110183
or by mailing a copy of the notice by first class or certified 110184
mail to the owners of the properties proposed to be assessed at 110185
their respective tax mailing addresses, or by both manners, the 110186
publication to be made or the mailing to occur at least ten days 110187
prior to the date of the meeting at which the resolution shall be 110188
taken up for consideration; that notice shall state the time and 110189
place of the meeting at which the resolution is to be considered. 110190
At the time and place of the meeting, or at any adjournment of the 110191
meeting, of which no further published or mailed notice need be 110192
given, the board shall hear all persons whose properties are 110193
proposed to be assessed, shall correct any errors and make any 110194
revisions that appear to be necessary or just, and then may adopt 110195
a resolution levying upon the properties determined to be 110196
benefited the assessments as so corrected and revised.110197

       The assessments levied by the resolution shall be certified 110198
to the county auditor for collection in the same manner as taxes 110199
in the year or years in which they are payable.110200

       (F) Upon the adoption of the resolution described in division 110201
(E) of this section, no further action shall be taken or work done 110202
until ten days have elapsed. If, at the expiration of that period, 110203
no appeal has been effected by any property owner as provided in 110204
this division, the action of the board shall be final. If, at the 110205
end of that ten days, any owner of property to be assessed for the 110206
improvements has effected an appeal, no further action shall be 110207
taken and no work done in connection with the improvements under 110208
the resolution until the matters appealed from have been disposed 110209
of in court.110210

       Any owner of property to be assessed may appeal as provided 110211
and upon the grounds stated in sections 6117.09 to 6117.24 of the 110212
Revised Code.110213

       If no appeal has been perfected or if on appeal the 110214
resolution of the board is sustained, the board may authorize and 110215
enter into contracts to carry out the purposes for which the 110216
assessments have been levied without the prior issuance of notes, 110217
provided that the payments under those contracts do not fall due 110218
prior to the time by which the assessments are to be collected. 110219
The board may issue and sell bonds with a maximum maturity of 110220
twenty years in anticipation of the collection of the assessments 110221
and may issue notes in anticipation of the issuance of the bonds, 110222
which notes and bonds, as public obligations, shall be issued and 110223
sold as provided in Chapter 133. of the Revised Code.110224

       Sec. 6117.49.  (A) If the board of county commissioners 110225
determines by resolution that the best interests of the county and 110226
those served by the sanitary or drainage facilities or the 110227
prevention or replacement facilities of a county sewer district so 110228
require, the board may sell or otherwise dispose of the facilities 110229
to another public agency or a person. The resolution declaring the 110230
necessity of that disposition shall recite the reasons for the 110231
sale or other disposition and shall establish any conditions or 110232
terms that the board may impose, including, but not limited to, a 110233
minimum sales price if a sale is proposed, a requirement for the 110234
submission by bidders of the schedule of rates and charges 110235
initially proposed to be paid for the services of the facilities, 110236
and other pertinent conditions or terms relating to the sale or 110237
other disposition. The resolution also shall designate a time and 110238
place for the hearing of objections to the sale or other 110239
disposition by the board. Notice of the adoption of the resolution 110240
and the time and place of the hearing shall be published as 110241
provided in section 7.16 of the Revised Code or once a week for 110242
two consecutive weeks, in a newspaper of general circulation in 110243
the sewer district and in the county. The public hearing on the 110244
sale or other disposition shall be held not less than twenty-four 110245
days following the date of first publication of the notice. A copy 110246
of the notice also shall be sent by first class or certified mail, 110247
on or before the date of the second publication, to any public 110248
agency within the area served by the facilities. At the public 110249
hearing, or at any adjournment of it, of which no further 110250
published or mailed notice need be given, the board shall hear all 110251
interested parties. A period of five days shall be given following 110252
the completion of the hearing for the filing of written objections 110253
by any interested persons or public agencies to the sale or other 110254
disposition, after which the board shall consider any objections 110255
and by resolution determine whether or not to proceed with the 110256
sale or other disposition. If the board determines to proceed with 110257
the sale or other disposition, it shall receive bids after 110258
advertising once a week for four consecutive weeks or as provided 110259
in section 7.16 of the Revised Code, in a newspaper of general 110260
circulation in the county and, subject to the right of the board 110261
to reject any or all bids, may make an award to a responsible 110262
bidder whose proposal is determined by the board to be in the best 110263
interests of the county and those served by the facilities.110264

       (B) A conveyance of sanitary or drainage facilities or of 110265
prevention or replacement facilities by a county to a municipal 110266
corporation in accordance with division (B) of section 6117.05 of 110267
the Revised Code may be made without regard to division (A) of 110268
this section.110269

       Sec. 6119.10.  The board of trustees of a regional water and 110270
sewer district or any officer or employee designated by the board 110271
may make any contract for the purchase of supplies or material or 110272
for labor for any work, under the supervision of the board, the 110273
cost of which shall not exceed twenty-five thousand dollars. When 110274
an expenditure, other than for the acquisition of real estate and 110275
interests in real estate, the discharge of noncontractual claims, 110276
personal services, the joint use of facilities or the exercise of 110277
powers with other political subdivisions, or the product or 110278
services of public utilities, exceeds twenty-five thousand 110279
dollars, the expenditures shall be made only after a notice 110280
calling for bids has been published not less than two consecutive 110281
weeks in at least one newspaper having aof general circulation 110282
within the district or as provided in section 7.16 of the Revised 110283
Code. If the bids are for a contract for the construction, 110284
demolition, alteration, repair, or reconstruction of an 110285
improvement, the board may let the contract to the lowest and best 110286
bidder who meets the requirements of section 153.54 of the Revised 110287
Code. If the bids are for a contract for any other work relating 110288
to the improvements for which a regional water and sewer district 110289
was established, the board of trustees of the regional water and 110290
sewer district may let the contract to the lowest or best bidder 110291
who gives a good and approved bond with ample security conditioned 110292
on the carrying out of the contract. The contract shall be in 110293
writing and shall be accompanied by or shall refer to plans and 110294
specifications for the work to be done, approved by the board. The 110295
plans and specifications shall at all times be made and considered 110296
part of the contract. The contract shall be approved by the board 110297
and signed by its president or other duly authorized officer and 110298
by the contractor. In case of a real and present emergency, the 110299
board of trustees of the district, by two-thirds vote of all 110300
members, may authorize the president or other duly authorized 110301
officer to enter into a contract for work to be done or for the 110302
purchase of supplies or materials without formal bidding or 110303
advertising. All contracts shall have attached the certificate 110304
required by section 5705.41 of the Revised Code duly executed by 110305
the secretary of the board of trustees of the district. The 110306
district may make improvements by force account or direct labor, 110307
provided that, if the estimated cost of supplies or material for 110308
any such improvement exceeds twenty-five thousand dollars, bids 110309
shall be received as provided in this section. For the purposes of 110310
the competitive bidding requirements of this section, the board 110311
shall not sever a contract for supplies or materials and labor 110312
into separate contracts for labor, supplies, or materials if the 110313
contracts are in fact a part of a single contract required to be 110314
bid competitively under this section.110315

       Sec. 6119.18.  The board of trustees of a regional water and 110316
sewer district, by a vote of two-thirds of all its members, may 110317
declare by resolution that it is necessary to levy a tax in excess 110318
of the ten-mill limitation for the purpose of providing funds to 110319
pay current expenses of the district or for the purpose of paying 110320
any portion of the cost of one or more water resource projects or 110321
parts thereof or for both of such purposes, and that the question 110322
of such tax levy shall be submitted to the electors of the 110323
district at a general or primary election. Such resolution shall 110324
conform to the requirements of section 5705.19 of the Revised 110325
Code, except as otherwise permitted by this section and except 110326
that such levy may be for a period not longer than ten years. The 110327
resolution shall go into immediate effect upon its passage and no 110328
publication of the resolution is necessary other than that 110329
provided for in the notice of election. A copy of such resolution 110330
shall, immediately after its passage, be certified to the board of 110331
elections of the proper county or counties in the manner provided 110332
by section 5705.25 of the Revised Code, and such section shall 110333
govern the arrangements for the submission of such question and 110334
other matters with respect to such election to which such section 110335
refers. Publication of the notice of that election shall be made 110336
in one or more newspapers having anewspaper of general 110337
circulation in the district once a week for two consecutive weeks 110338
prior to the election, and, ifor as provided in section 7.16 of 110339
the Revised Code. If the board of elections operates and maintains 110340
a web site, the board of elections shall post notice of the 110341
election on its web site for thirty days prior to the election.110342

       If a majority of the electors voting on the question vote in 110343
favor thereof, the board may make the necessary levy within the 110344
district at the additional rate or at any lesser rate on the tax 110345
list and duplicate for the purpose or purposes stated in the 110346
resolution.110347

       The taxes realized from such levy shall be collected at the 110348
same time and in the same manner as other taxes on such tax list 110349
and duplicate and such taxes, when collected, shall be paid to the 110350
district and deposited by it in a special fund which shall be 110351
established by the district for all revenues derived from such 110352
levy and for the proceeds of anticipation notes which shall be 110353
deposited in such fund.110354

       After the approval of such levy, the district may anticipate 110355
a fraction of the proceeds of such levy and, from time to time, 110356
during the life of such levy, issue anticipation notes in an 110357
amount not exceeding fifty per cent of the estimated proceeds of 110358
such levy to be collected in each year up to a period of five 110359
years after the date of issuance of such notes, less an amount 110360
equal to the proceeds of such levy previously obligated for each 110361
year by the issuance of anticipation notes, provided that the 110362
total amount maturing in any one year shall not exceed fifty per 110363
cent of the anticipated proceeds of such levy for that year. Each 110364
issue of notes shall be sold as provided in Chapter 133. of the 110365
Revised Code, and shall, except for such limitation that the total 110366
amount of such notes maturing in any one year shall not exceed 110367
fifty per cent of the anticipated proceeds of such levy for that 110368
year, mature serially in substantially equal installments during 110369
each year over a period not to exceed five years after their 110370
issuance.110371

       Sec. 6119.22.  When a plan of sewerage devised in accordance 110372
with section 6119.19 of the Revised Code has been prepared, the 110373
board of trustees of the regional water and sewer district shall 110374
give at least ten days' notice in one newspaper of general 110375
circulation in such area or give notice as provided in section 110376
7.16 of the Revised Code, stating that such plans have been 110377
prepared and are filed in the office of the secretary of the board 110378
for examination and inspection by the parties interested.110379

       Any objection to such plan shall then be made to the board 110380
and it may amend or correct such plan, and shall thereupon file it 110381
as amended, or if no amendments are made, it shall file the 110382
original plan in the office of the secretary.110383

       Sec. 6119.25.  When the board of trustees of a regional water 110384
and sewer district deems it necessary to construct all or a part 110385
of the sewers provided for in the plan devised in accordance with 110386
section 6119.19 of the Revised Code, the board shall declare by 110387
resolution the necessity thereof. Such resolution shall contain a 110388
declaration of the necessity of such improvement, a statement of 110389
the districts, areas, or parts thereof proposed to be constructed, 110390
the character of the materials to be used, a reference to the 110391
plans and specifications, where they are on file, and the mode of 110392
payment therefor, and shall publish the resolution once a week for 110393
not less than two nor more than four consecutive weeks in one 110394
newspaper of general circulation in the area or as provided in 110395
section 7.16 of the Revised Code.110396

       Sec. 6119.58.  In order to obtain funds for the preparation 110397
of plans, specifications, estimates of cost, tentative 110398
assessments, and a plan of financing for any water resource 110399
project or part thereof, the board of trustees of a regional water 110400
and sewer district may levy upon the property in such district to 110401
be benefited by such project assessments apportioned in accordance 110402
with one or more of the methods set forth in section 6119.42 of 110403
the Revised Code. The aggregate of such assessments shall not 110404
exceed the amount determined by the board of trustees to be 110405
necessary for such purpose, including costs of financing, legal 110406
services, and other incidental costs, and shall be payable in such 110407
number of annual installments, not less than one, as the board of 110408
trustees prescribes, together with interest on any water resource 110409
revenue notes and bonds which may be issued in anticipation of the 110410
collection of such assessments.110411

       If the board of trustees proposes to obtain funds in 110412
accordance with this section, it shall determine by resolution 110413
that it is necessary to construct the water resource project and 110414
to maintain and operate the same on behalf of the district.110415

       Prior to the adoption of the resolution making such 110416
determination, the board of trustees shall give notice of the 110417
pendency thereof and of the proposed determination of the 110418
necessity of the construction of such project therein generally 110419
described, and such notice shall set forth a description of the 110420
properties to be benefited by such project and the time and place 110421
of a hearing of objections to, and endorsements of, such project. 110422
Such notice shall be given by publication in at least one 110423
newspaper having aof general circulation in the district once a 110424
week for two consecutive weeks or as provided in section 7.16 of 110425
the Revised Code, the first publication to be at least two weeks 110426
prior to the date set for the hearing, provided that the board of 110427
trustees may give, or cause to be given, such alternative or 110428
further notice of such hearing as it finds to be necessary or 110429
appropriate. At such hearing, or at any adjournment thereof, of 110430
which no further notice need be given, the board of trustees shall 110431
hear all owners whose properties are proposed to be assessed and 110432
such other evidence as is considered to be necessary, and may then 110433
adopt its resolution determining that the proposed project is 110434
necessary and should be undertaken by the district. In such 110435
resolution, the board of trustees shall direct the preparation of 110436
the estimated assessments upon the benefited properties and by 110437
whom they shall be prepared.110438

       After such assessments have been prepared and filed in the 110439
office of the secretary of the board of trustees and prior to the 110440
adoption of the resolution levying such assessments, the board of 110441
trustees shall give notice of the pendency of such resolution and 110442
of the proposed determination to levy such assessments, and such 110443
notice shall set forth the time and place of a hearing of 110444
objections to such assessments. Such notice shall be given by 110445
publication once in at least one newspaper having aof general 110446
circulation in the district, such publication to be made at least 110447
ten days prior to the date set for the hearing, provided that the 110448
board of trustees may give or cause to be given, such alternative 110449
of further notice of such hearing as it finds to be necessary or 110450
appropriate. At such hearing, or at any adjournment thereof, of 110451
which no further notice need be given, the board of trustees shall 110452
hear all persons whose properties are proposed to be assessed, 110453
shall correct any errors and make any revisions in the estimated 110454
assessments that appear to be necessary or just, and may then 110455
adopt a resolution levying upon the properties determined to be 110456
benefited the assessments as originally prepared or as so 110457
corrected and revised. 110458

       The board of trustees shall have the power at any time to 110459
levy additional assessments upon such properties to complete the 110460
payment of the costs for which the original assessments were 110461
levied or to provide funds for any additional plans, 110462
specifications, estimates of cost, tentative assessments, and 110463
other incidental costs, provided that the board shall first have 110464
held a hearing on objections to such additional assessments in the 110465
same manner as required by this section with respect to such 110466
original assessments. Such additional assessments shall be payable 110467
in such number of annual installments, not less than one, as the 110468
board of trustees prescribes, together with interest on any water 110469
resource revenue notes and bonds which may be issued in 110470
anticipation of the collection of such assessments.110471

       The board of trustees may authorize contracts to carry out 110472
the purposes for which such assessments have been levied without 110473
the prior issuance of water resource revenue notes and bonds, 110474
provided that the payments to be made by the district do not fall 110475
due prior to the times when such assessments shall be collected.110476

       Section 101.02. That existing sections 7.10, 7.11, 7.12, 110477
9.03, 9.06, 9.231, 9.24, 9.33, 9.331, 9.332, 9.333, 9.90, 101.15, 110478
102.02, 105.41, 107.09, 109.02, 109.36, 109.42, 109.57, 109.572, 110479
111.12, 111.16, 111.18, 117.101, 117.13, 118.023, 118.04, 118.05, 110480
118.06, 118.12, 118.17, 118.99, 121.03, 121.04, 121.22, 121.37, 110481
121.40, 121.401, 121.402, 121.403, 121.404, 122.085, 122.088, 110482
122.0810, 122.0816, 122.0819, 122.121, 122.171, 122.65, 122.652, 110483
122.653, 122.657, 122.76, 123.011, 124.09, 124.23, 124.231, 110484
124.24, 124.25, 124.26, 124.27, 124.31, 124.34, 124.393, 125.021, 110485
125.15, 125.18, 125.28, 125.89, 126.12, 126.21, 126.24, 126.50, 110486
127.16, 131.23, 131.44, 131.51, 133.06, 133.18, 133.20, 133.55, 110487
135.05, 135.61, 135.65, 135.66, 145.27, 149.01, 149.091, 149.11, 110488
149.311, 153.01, 153.02, 153.03, 153.07, 153.08, 153.50, 153.51, 110489
153.52, 153.54, 153.56, 153.57, 153.581, 153.65, 153.66, 153.67, 110490
153.69, 153.70, 153.71, 153.80, 154.02, 154.07, 164.02, 164.04, 110491
164.05, 164.051, 164.06, 164.08, 164.14, 164.21, 166.02, 173.14, 110492
173.21, 173.26, 173.35, 173.351, 173.36, 173.391, 173.40, 173.401, 110493
173.403, 173.404, 173.42, 173.45, 173.46, 173.47, 173.48, 173.501, 110494
183.30, 183.51, 185.01, 185.03, 185.06, 185.10, 301.02, 301.15, 110495
301.28, 306.35, 306.43, 306.70, 307.022, 307.041, 307.10, 307.12, 110496
307.676, 307.70, 307.79, 307.791, 307.81, 307.82, 307.83, 307.86, 110497
308.13, 317.20, 319.11, 319.301, 319.54, 321.18, 322.02, 322.021, 110498
322.08, 323.73, 323.78, 324.02, 324.021, 340.02, 340.03, 340.05, 110499
340.091, 340.11, 341.192, 343.08, 345.03, 349.01, 349.03, 349.04, 110500
349.06, 349.07, 349.09, 349.14, 501.07, 503.05, 503.162, 503.41, 110501
504.02, 504.03, 504.12, 504.21, 505.101, 505.108, 505.17, 505.264, 110502
505.28, 505.373, 505.55, 505.73, 507.09, 511.23, 511.25, 511.28, 110503
511.34, 513.14, 515.04, 517.12, 517.22, 521.03, 705.16, 711.35, 110504
715.011, 715.47, 718.01, 718.09, 718.10, 719.012, 719.05, 721.03, 110505
721.15, 721.20, 723.07, 727.011, 727.012, 727.08, 727.14, 727.46, 110506
729.08, 729.11, 731.141, 731.20, 731.21, 731.211, 731.22, 731.23, 110507
731.24, 731.25, 735.05, 735.20, 737.32, 742.41, 745.07, 747.05, 110508
747.11, 747.12, 755.16, 755.29, 755.41, 755.42, 755.43, 759.47, 110509
901.09, 924.52, 927.69, 951.11, 1309.528, 1327.46, 1327.50, 110510
1327.51, 1327.511, 1327.54, 1327.57, 1327.62, 1327.99, 1329.04, 110511
1329.42, 1332.24, 1501.022, 1501.40, 1503.05, 1505.01, 1505.04, 110512
1505.06, 1505.09, 1505.11, 1505.99, 1509.01, 1509.02, 1509.021, 110513
1509.03, 1509.04, 1509.041, 1509.05, 1509.06, 1509.061, 1509.062, 110514
1509.07, 1509.071, 1509.072, 1509.073, 1509.08, 1509.09, 1509.10, 110515
1509.11, 1509.12, 1509.13, 1509.14, 1509.15, 1509.17, 1509.181, 110516
1509.19, 1509.21, 1509.22, 1509.221, 1509.222, 1509.223, 1509.224, 110517
1509.225, 1509.226, 1509.23, 1509.24, 1509.25, 1509.26, 1509.27, 110518
1509.28, 1509.29, 1509.31, 1509.32, 1509.33, 1509.34, 1509.36, 110519
1509.38, 1509.40, 1509.50, 1510.01, 1510.08, 1515.08, 1515.14, 110520
1515.24, 1517.02, 1531.04, 1541.03, 1541.05, 1545.09, 1545.12, 110521
1547.302, 1551.311, 1551.32, 1551.33, 1551.35, 1555.02, 1555.03, 110522
1555.04, 1555.05, 1555.06, 1555.08, 1555.17, 1561.06, 1561.12, 110523
1561.13, 1561.35, 1561.49, 1563.06, 1563.24, 1563.28, 1571.01, 110524
1571.02, 1571.03, 1571.04, 1571.05, 1571.06, 1571.08, 1571.09, 110525
1571.10, 1571.11, 1571.14, 1571.16, 1571.18, 1571.99, 1701.07, 110526
1702.59, 1703.031, 1703.07, 1707.11, 1707.17, 1711.05, 1711.07, 110527
1711.18, 1711.30, 1728.06, 1728.07, 1751.01, 1751.04, 1751.11, 110528
1751.111, 1751.12, 1751.13, 1751.15, 1751.17, 1751.20, 1751.31, 110529
1751.34, 1751.60, 1761.04, 1776.83, 1785.06, 1901.18, 1909.11, 110530
1923.01, 1923.02, 1923.061, 1923.15, 2101.08, 2105.09, 2151.011, 110531
2151.312, 2151.354, 2151.412, 2151.421, 2151.424, 2152.26, 110532
2152.72, 2301.03, 2301.18, 2301.20, 2301.21, 2301.22, 2301.23, 110533
2301.24, 2301.25, 2301.26, 2305.01, 2317.02, 2317.422, 2319.27, 110534
2329.26, 2335.05, 2335.06, 2501.16, 2501.17, 2743.09, 2744.05, 110535
2903.33, 2919.271, 2939.11, 2945.371, 2945.38, 2945.39, 2945.40, 110536
2945.401, 2945.402, 2949.14, 3109.16, 3109.17, 3111.04, 3113.06, 110537
3119.54, 3121.48, 3123.44, 3123.45, 3123.55, 3123.56, 3123.58, 110538
3123.59, 3123.63, 3301.07, 3301.071, 3301.079, 3301.0710, 110539
3301.0711, 3301.0712, 3301.16, 3301.162, 3301.70, 3302.02, 110540
3302.031, 3302.05, 3302.07, 3304.181, 3304.182, 3306.12, 3307.20, 110541
3307.31, 3307.64, 3309.22, 3309.41, 3309.48, 3309.51, 3310.02, 110542
3310.03, 3310.05, 3310.08, 3310.41, 3311.05, 3311.06, 3311.19, 110543
3311.21, 3311.213, 3311.214, 3311.29, 3311.50, 3311.52, 3311.53, 110544
3311.73, 3311.76, 3313.12, 3313.29, 3313.33, 3313.372, 3313.41, 110545
3313.46, 3313.482, 3313.533, 3313.55, 3313.603, 3313.61, 3313.611, 110546
3313.612, 3313.614, 3313.64, 3313.6410, 3313.65, 3313.75, 110547
3313.842, 3313.843, 3313.845, 3313.911, 3313.975, 3313.978, 110548
3313.981, 3314.01, 3314.013, 3314.015, 3314.02, 3314.021, 110549
3314.026, 3314.03, 3314.04, 3314.05, 3314.06, 3314.07, 3314.08, 110550
3314.087, 3314.088, 3314.091, 3314.10, 3314.13, 3314.19, 3314.20, 110551
3314.22, 3314.26, 3314.35, 3314.36, 3315.01, 3316.041, 3316.06, 110552
3316.20, 3317.01, 3317.013, 3317.014, 3317.018, 3317.02, 3317.021, 110553
3317.022, 3317.023, 3317.024, 3317.025, 3317.0210, 3317.0211, 110554
3317.03, 3317.031, 3317.05, 3317.051, 3317.053, 3317.06, 3317.061, 110555
3317.07, 3317.08, 3317.081, 3317.082, 3317.09, 3317.11, 3317.12, 110556
3317.13, 3317.14, 3317.16, 3317.18, 3317.19, 3317.20, 3317.201, 110557
3318.032, 3318.05, 3318.051, 3318.08, 3318.12, 3318.31, 3318.36, 110558
3318.37, 3318.38, 3318.41, 3319.02, 3319.08, 3319.088, 3319.11, 110559
3319.111, 3319.14, 3319.141, 3319.16, 3319.17, 3319.18, 3319.19, 110560
3319.26, 3319.31, 3319.311, 3319.39, 3319.57, 3319.71, 3323.09, 110561
3323.091, 3323.14, 3323.142, 3323.31, 3324.05, 3325.01, 3325.08, 110562
3326.11, 3326.33, 3326.39, 3327.02, 3327.04, 3327.05, 3329.08, 110563
3331.01, 3333.03, 3333.043, 3333.31, 3333.66, 3333.81, 3333.82, 110564
3333.83, 3333.84, 3333.85, 3333.87, 3333.90, 3334.19, 3345.061, 110565
3345.14, 3345.29, 3353.04, 3354.12, 3354.16, 3355.09, 3357.16, 110566
3365.01, 3365.08, 3375.41, 3381.11, 3501.03, 3501.17, 3505.13, 110567
3506.05, 3701.021, 3701.023, 3701.07, 3701.61, 3701.74, 3701.83, 110568
3702.31, 3702.59, 3704.06, 3704.14, 3705.24, 3709.085, 3709.09, 110569
3709.092, 3709.21, 3709.34, 3721.01, 3721.011, 3721.02, 3721.04, 110570
3721.16, 3721.50, 3721.51, 3721.561, 3721.58, 3722.01, 3722.011, 110571
3722.02, 3722.021, 3722.022, 3722.03, 3722.04, 3722.041, 3722.05, 110572
3722.06, 3722.07, 3722.08, 3722.09, 3722.10, 3722.11, 3722.12, 110573
3722.13, 3722.14, 3722.15, 3722.151, 3722.16, 3722.17, 3722.18, 110574
3729.01, 3733.02, 3733.021, 3733.022, 3733.024, 3733.025, 3733.03, 110575
3733.04, 3733.05, 3733.06, 3733.08, 3733.09, 3733.091, 3733.10, 110576
3733.101, 3733.11, 3733.12, 3733.121, 3733.122, 3733.123, 3733.13, 110577
3733.14, 3733.15, 3733.16, 3733.17, 3733.18, 3733.19, 3733.20, 110578
3733.41, 3733.99, 3734.02, 3734.05, 3734.06, 3734.18, 3734.19, 110579
3734.20, 3734.21, 3734.22, 3734.23, 3734.24, 3734.25, 3734.26, 110580
3734.27, 3734.28, 3734.282, 3734.57, 3734.85, 3734.901, 3735.36, 110581
3735.66, 3737.83, 3737.841, 3737.87, 3737.88, 3745.015, 3745.05, 110582
3745.11, 3746.02, 3750.081, 3769.07, 3769.08, 3769.20, 3769.26, 110583
3770.03, 3770.05, 3772.062, 3781.06, 3781.183, 3791.043, 3793.04, 110584
3793.06, 3793.21, 3901.3814, 3903.01, 3923.28, 3923.281, 3923.30, 110585
3924.10, 3963.01, 3963.11, 4113.11, 4113.61, 4115.03, 4115.033, 110586
4115.034, 4115.04, 4115.10, 4115.101, 4115.16, 4116.01, 4117.01, 110587
4117.03, 4117.06, 4123.27, 4131.03, 4141.08, 4141.11, 4141.33, 110588
4301.12, 4301.43, 4301.62, 4301.80, 4301.81, 4303.02, 4503.06, 110589
4503.061, 4503.062, 4503.235, 4503.70, 4503.93, 4504.02, 4504.021, 110590
4504.15, 4504.16, 4504.18, 4506.071, 4507.111, 4507.164, 4510.037, 110591
4510.038, 4511.191, 4511.193, 4513.62, 4517.01, 4517.04, 4517.09, 110592
4517.10, 4517.12, 4517.13, 4517.14, 4517.23, 4517.24, 4517.44, 110593
4582.31, 4585.10, 4705.021, 4709.13, 4725.34, 4725.48, 4725.50, 110594
4725.52, 4725.57, 4731.65, 4731.71, 4733.15, 4733.151, 4736.12, 110595
4743.05, 4757.31, 4781.01, 4781.02, 4781.04, 4781.07, 4781.09, 110596
4781.14, 4781.15, 4781.99, 4905.90, 4909.15, 4911.02, 4927.17, 110597
4928.10, 4928.18, 4928.20, 4929.22, 4929.26, 4929.27, 4931.51, 110598
4931.52, 4931.53, 5101.16, 5101.181, 5101.182, 5101.183, 5101.244, 110599
5101.26, 5101.27, 5101.271, 5101.272, 5101.28, 5101.30, 5101.35, 110600
5101.37, 5101.46, 5101.47, 5101.571, 5101.573, 5101.58, 5101.60, 110601
5101.61, 5104.01, 5104.011, 5104.04, 5104.13, 5104.30, 5104.32, 110602
5104.341, 5104.35, 5104.37, 5104.38, 5104.39, 5104.42, 5104.43, 110603
5111.012, 5111.013, 5111.0112, 5111.021, 5111.023, 5111.025, 110604
5111.031, 5111.06, 5111.113, 5111.13, 5111.14, 5111.151, 5111.16, 110605
5111.162, 5111.17, 5111.172, 5111.20, 5111.21, 5111.211, 5111.222, 110606
5111.23, 5111.231, 5111.235, 5111.24, 5111.241, 5111.244, 5111.25, 110607
5111.251, 5111.254, 5111.258, 5111.261, 5111.27, 5111.28, 5111.33, 110608
5111.35, 5111.52, 5111.65, 5111.66, 5111.67, 5111.671, 5111.672, 110609
5111.68, 5111.681, 5111.687, 5111.689, 5111.709, 5111.85, 110610
5111.871, 5111.872, 5111.873, 5111.874, 5111.877, 5111.88, 110611
5111.89, 5111.891, 5111.892, 5111.894, 5111.911, 5111.912, 110612
5111.913, 5111.94, 5111.941, 5111.97, 5112.30, 5112.31, 5112.37, 110613
5112.371, 5112.39, 5112.40, 5112.41, 5112.46, 5112.99, 5119.01, 110614
5119.02, 5119.06, 5119.16, 5119.18, 5119.22, 5119.221, 5119.61, 110615
5119.611, 5119.612, 5119.613, 5119.62, 5119.621, 5119.99, 110616
5120.135, 5120.17, 5120.28, 5120.29, 5122.01, 5122.02, 5122.15, 110617
5122.21, 5122.27, 5122.271, 5122.29, 5122.31, 5122.32, 5123.01, 110618
5123.0413, 5123.0417, 5123.051, 5123.092, 5123.171, 5123.18, 110619
5123.19, 5123.191, 5123.194, 5123.35, 5123.352, 5123.45, 5123.60, 110620
5123.61, 5123.63, 5123.64, 5123.69, 5123.701, 5123.86, 5123.99, 110621
5126.01, 5126.029, 5126.04, 5126.042, 5126.05, 5126.054, 110622
5126.0510, 5126.0511, 5126.0512, 5126.08, 5126.11, 5126.12, 110623
5126.23, 5126.24, 5126.33, 5126.41, 5126.42, 5139.11, 5139.43, 110624
5310.35, 5505.04, 5540.03, 5540.031, 5540.05, 5543.10, 5552.06, 110625
5553.05, 5553.19, 5553.23, 5553.42, 5555.07, 5555.27, 5555.42, 110626
5559.06, 5559.10, 5559.12, 5561.04, 5561.08, 5571.011, 5573.02, 110627
5573.10, 5575.01, 5575.02, 5591.15, 5593.08, 5701.13, 5703.05, 110628
5703.37, 5705.14, 5705.16, 5705.191, 5705.194, 5705.196, 5705.21, 110629
5705.211, 5705.218, 5705.25, 5705.251, 5705.261, 5705.314, 110630
5705.392, 5705.412, 5705.71, 5707.031, 5709.07, 5709.62, 5709.63, 110631
5709.632, 5713.01, 5715.17, 5715.23, 5715.26, 5719.04, 5721.01, 110632
5721.03, 5721.04, 5721.18, 5721.30, 5721.31, 5721.32, 5721.37, 110633
5721.38, 5721.42, 5722.13, 5723.05, 5725.151, 5725.24, 5725.98, 110634
5727.57, 5727.84, 5727.85, 5727.86, 5729.98, 5731.02, 5731.19, 110635
5731.21, 5731.39, 5733.0610, 5733.23, 5739.02, 5739.021, 5739.022, 110636
5739.026, 5739.101, 5747.01, 5747.058, 5747.113, 5747.451, 110637
5747.46, 5747.51, 5748.02, 5748.021, 5748.04, 5748.08, 5751.01, 110638
5751.011, 5751.20, 5751.21, 5751.22, 5751.23, 5751.50, 5753.01, 110639
6101.16, 6103.04, 6103.05, 6103.06, 6103.081, 6103.31, 6105.131, 110640
6109.21, 6111.038, 6111.044, 6111.46, 6115.01, 6115.20, 6117.05, 110641
6117.06, 6117.07, 6117.251, 6117.49, 6119.10, 6119.18, 6119.22, 110642
6119.25, and 6119.58 of the Revised Code are hereby repealed.110643

       Section 105.01. That sections 7.14, 9.901, 122.0818, 122.121, 110644
122.452, 126.04, 126.501, 126.502, 126.507, 165.031, 340.08, 110645
701.04, 1501.031, 1551.13, 2151.56, 2151.57, 2151.58, 2151.59, 110646
2151.60, 2151.61, 2301.19, 3123.52, 3123.61, 3123.612, 3123.613, 110647
3123.614, 3306.01, 3306.011, 3306.012, 3306.02, 3306.03, 110648
3306.04, 3306.05, 3306.051, 3306.052, 3306.06, 3306.07, 110649
3306.08, 3306.09, 3306.091, 3306.10, 3306.11, 3306.13, 110650
3306.19, 3306.191, 3306.192, 3306.21, 3306.22, 3306.29, 110651
3306.291, 3306.292, 3306.51, 3306.52, 3306.53, 3306.54, 3306.55, 110652
3306.56, 3306.57, 3306.58, 3306.59, 3311.059, 3313.202, 110653
3314.014, 3314.016, 3314.017, 3314.025, 3314.082, 3314.085, 110654
3314.402, 3317.011, 3317.016, 3317.017, 3317.0216, 3317.04, 110655
3317.17, 3319.112, 3319.161, 3329.16, 3349.242, 3706.042, 110656
3721.56, 3722.99, 3733.031, 3733.07, 3923.90, 3923.91, 4115.032, 110657
4582.37, 4981.23, 5101.5211, 5101.5212, 5101.5213, 5101.5214, 110658
5101.5215, 5101.5216, 5111.243, 5111.34, 5111.861, 5111.893, 110659
5111.971, 5122.36, 5123.172, 5123.181, 5123.193, 5123.211, 110660
5123.601, 5123.602, 5123.603, 5123.604, 5123.605, 5126.18, and 110661
5126.19 of the Revised Code are hereby repealed.110662

       Section 105.10. That sections 126.60, 126.601, 126.602, 110663
126.603, 126.604, and 126.605 of the Revised Code, as enacted by 110664
this act, are hereby repealed, effective June 30, 2013.110665

       Section 120.10. That the version of section 5111.913 of the 110666
Revised Code that results from Section 101.01 of this act be 110667
amended to read as follows:110668

       Sec. 5111.913. If the department of job and family services 110669
enters into a contract with the department of alcohol and drug 110670
addiction services under section 5111.91 of the Revised Code, 110671
boards of alcohol, drug addiction, and mental healththe 110672
department of job and family services shall pay the nonfederal 110673
share of any medicaid payment to a provider for services under the 110674
component, or aspect of the component, the department of alcohol 110675
and drug addiction services administers. A board shall use funds 110676
allocated to the board under section 3793.04 of the Revised Code 110677
to pay the nonfederal share.If necessary, the director of job and 110678
family services shall submit a medicaid state plan amendment to 110679
the United States secretary of health and human services regarding 110680
the department of job and family services' duty under this 110681
section.110682

       Section 120.11. That the existing version of section 5111.913 110683
of the Revised Code that results from Section 101.01 of this act 110684
is hereby repealed.110685

       Section 120.12. That Sections 120.10 and 120.11 of this act 110686
take effect July 1, 2012.110687

       Section 201.10.  Except as otherwise provided in this act, 110688
all appropriation items in this act are appropriated out of any 110689
moneys in the state treasury to the credit of the designated fund 110690
that are not otherwise appropriated. For all appropriations made 110691
in this act, the amounts in the first column are for fiscal year 110692
2012 and the amounts in the second column are for fiscal year 110693
2013.110694

       Section 203.10. ACC ACCOUNTANCY BOARD OF OHIO110695

General Services Fund Group110696

4J80 889601 CPA Education Assistance $ 200,000 $ 200,000 110697
4K90 889609 Operating Expenses $ 977,200 $ 977,500 110698
TOTAL GSF General Services Fund 110699
Group $ 1,177,200 $ 1,177,500 110700
TOTAL ALL BUDGET FUND GROUPS $ 1,177,200 $ 1,177,500 110701


       Section 205.10. ADJ ADJUTANT GENERAL110703

General Revenue Fund110704

GRF 745401 Ohio Military Reserve $ 12,308 $ 12,308 110705
GRF 745404 Air National Guard $ 1,810,606 $ 1,810,606 110706
GRF 745407 National Guard Benefits $ 400,000 $ 400,000 110707
GRF 745409 Central Administration $ 2,692,098 $ 2,692,098 110708
GRF 745499 Army National Guard $ 3,687,888 $ 3,689,871 110709
TOTAL GRF General Revenue Fund $ 8,602,900 $ 8,604,883 110710

General Services Fund Group110711

5340 745612 Property Operations Management $ 534,304 $ 534,304 110712
5360 745605 Marksmanship Activities $ 128,600 $ 128,600 110713
5360 745620 Camp Perry and Buckeye Inn Operations $ 1,178,311 $ 978,846 110714
5370 745604 Ohio National Guard Facilities Maintenance $ 62,000 $ 62,000 110715
TOTAL GSF General Services Fund Group $ 1,903,215 $ 1,703,750 110716

Federal Special Revenue Fund Group110717

3410 745615 Air National Guard Base Security $ 2,977,692 $ 2,977,692 110718
3420 745616 Army National Guard Service Agreement $ 10,970,050 $ 10,970,050 110719
3E80 745628 Air National Guard Operations and Maintenance $ 16,958,595 $ 16,958,595 110720
3R80 745603 Counter Drug Operations $ 25,000 $ 25,000 110721
TOTAL FED Federal Special Revenue Fund Group $ 30,931,337 $ 30,931,337 110722

State Special Revenue Fund Group110723

5U80 745613 Community Match Armories $ 250,000 $ 250,000 110724
TOTAL SSR State Special Revenue Fund Group $ 250,000 $ 250,000 110725

TOTAL ALL BUDGET FUND GROUPS $ 41,687,452 $ 41,489,970 110726

       NATIONAL GUARD BENEFITS110727

       The foregoing appropriation item 745407, National Guard 110728
Benefits, shall be used for purposes of sections 5919.31 and 110729
5919.33 of the Revised Code, and for administrative costs of the 110730
associated programs.110731

       For active duty members of the Ohio National Guard who died 110732
after October 7, 2001, while performing active duty, the death 110733
benefit, pursuant to section 5919.33 of the Revised Code, shall be 110734
paid to the beneficiary or beneficiaries designated on the 110735
member's Servicemembers' Group Life Insurance Policy.110736

       STATE ACTIVE DUTY COSTS110737

       Of the foregoing appropriation item 745409, Central 110738
Administration, $50,000 in each fiscal year shall be used for the 110739
purpose of paying expenses related to state active duty of members 110740
of the Ohio organized militia, in accordance with a proclamation 110741
of the Governor. Expenses include, but are not limited to, the 110742
cost of equipment, supplies, and services, as determined by the 110743
Adjutant General's Department.110744

       Section 207.10. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES110745

General Revenue Fund110746

GRF 100403 Public Employees Health Care Program $ 400,000 $ 400,000 110747
GRF 100415 OAKS Rental Payments $ 23,024,500 $ 23,006,300 110748
GRF 100416 STARS Lease Rental Payments $ 4,970,700 $ 4,971,300 110749
GRF 100418 Web Sites and Business Gateway $ 2,495,063 $ 2,395,176 110750
GRF 100419 IT Security Infrastructure $ 742,535 $ 742,648 110751
GRF 100439 Equal Opportunity Certification Programs $ 625,000 $ 625,000 110752
GRF 100447 OBA - Building Rent Payments $ 53,260,000 $ 83,504,200 110753
GRF 100448 OBA - Building Operating Payments $ 21,000,000 $ 21,000,000 110754
GRF 100449 DAS - Building Operating Payments $ 7,551,245 $ 7,551,571 110755
GRF 100451 Minority Affairs $ 24,016 $ 24,016 110756
GRF 102321 Construction Compliance $ 920,000 $ 920,000 110757
GRF 130321 State Agency Support Services $ 2,500,000 $ 2,500,000 110758
TOTAL GRF General Revenue Fund $ 117,513,059 $ 147,640,211 110759

General Services Fund Group110760

1120 100616 DAS Administration $ 5,974,625 $ 5,886,524 110761
1150 100632 Central Service Agency $ 911,995 $ 912,305 110762
1170 100644 General Services Division - Operating $ 14,452,167 $ 14,171,070 110763
1220 100637 Fleet Management $ 3,978,827 $ 4,204,066 110764
1250 100622 Human Resources Division - Operating $ 16,922,295 $ 16,717,009 110765
1250 100657 Benefits Communication $ 925,586 $ 921,531 110766
1280 100620 Collective Bargaining $ 3,462,529 $ 3,464,148 110767
1300 100606 Risk Management Reserve $ 10,349,494 $ 12,149,884 110768
1310 100639 State Architect's Office $ 9,812,132 $ 9,813,342 110769
1320 100631 DAS Building Management $ 16,779,091 $ 16,781,574 110770
1330 100607 IT Services Delivery $ 58,088,940 $ 58,103,005 110771
1880 100649 Equal Opportunity Division - Operating $ 939,559 $ 863,013 110772
2100 100612 State Printing $ 28,277,561 $ 28,279,452 110773
2290 100630 IT Governance $ 15,130,023 $ 15,134,993 110774
2290 100640 Leveraged Enterprise Purchases $ 6,129,500 $ 6,129,500 110775
4270 100602 Investment Recovery $ 5,576,230 $ 5,576,664 110776
4N60 100617 Major IT Purchases $ 1,950,000 $ 4,950,000 110777
4P30 100603 DAS Information Services $ 5,047,565 $ 4,979,392 110778
5C20 100605 MARCS Administration $ 14,075,705 $ 14,077,467 110779
5C30 100608 Skilled Trades $ 404,297 $ 404,375 110780
5EB0 100635 OAKS Support Organization $ 19,000,539 $ 19,003,108 110781
5EB0 100656 OAKS Updates and Developments $ 12,265,952 $ 8,743,462 110782
5HU0 100655 Construction Reform Demo Compliance $ 150,000 $ 150,000 110783
5L70 100610 Professional Development $ 2,496,679 $ 2,496,760 110784
5V60 100619 Employee Educational Development $ 1,047,022 $ 935,049 110785
5X30 100634 Centralized Gateway Enhancement $ 2,052,308 $ 2,052,308 110786
TOTAL GSF General Services Fund 110787
Group $ 256,200,621 $ 256,900,001 110788

Federal Special Revenue Fund Group110789

3AJ0 100654 ARRA Broadband Mapping Grant $ 270,756 $ 106,347 110790
TOTAL FED Federal Special Revenue 110791
Fund Group $ 270,756 $ 106,347 110792

State Special Revenue Fund Group110793

5JQ0 100658 Professions Licensing System $ 2,000,000 $ 1,000,000 110794
TOTAL SSR State Special Revenue 110795
Fund Group $ 2,000,000 $ 1,000,000 110796
TOTAL ALL BUDGET FUND GROUPS $ 375,984,436 $ 405,646,559 110797


       Section 207.10.10. PUBLIC EMPLOYEES HEALTH CARE PROGRAM110799

       The foregoing appropriation item 100403, Public Employees 110800
Health Care Program, shall be used by the Department of 110801
Administrative Services to carry out its duties prescribed in 110802
section 9.901 of the Revised Code.110803

       Section 207.10.20. OHIO ADMINISTRATIVE KNOWLEDGE SYSTEM110804

       The Ohio Administrative Knowledge System (OAKS) is an 110805
enterprise resource planning system that replaced the state's 110806
central services infrastructure systems, including, but not 110807
limited to, the Central Accounting System, the Human 110808
Resources/Payroll System, the Capital Improvements Projects 110809
Tracking System, the Fixed Assets Management System, and the 110810
Procurement System. The Department of Administrative Services, in 110811
conjunction with the Office of Budget and Management, may update 110812
or add functionality to the OAKS system that will support shared 110813
services, financial or human resources functions, and enterprise 110814
applications that improve the state's operational efficiency. This 110815
includes, but is not limited to, the installation and 110816
implementation of hardware and software. Any lease-purchase 110817
arrangement entered into under Chapter 125. of the Revised Code to 110818
finance the OAKS system and the enhancements described above, 110819
including any fractionalized interest therein, as defined in 110820
division (N) of section 133.01 of the Revised Code, shall provide 110821
that at the end of the lease period, the financed asset becomes 110822
the property of the state.110823

       Section 207.10.30. OAKS LEASE RENTAL PAYMENTS110824

       The foregoing appropriation item 100415, OAKS Rental 110825
Payments, shall be used for payments at the times they are 110826
required to be made for the period from July 1, 2011, through June 110827
30, 2013, pursuant to leases and agreements entered into under 110828
Chapter 125. of the Revised Code, as supplemented by Section 110829
281.10 of Am. Sub. H.B. 562 of the 127th General Assembly and 110830
other prior acts of the General Assembly, with respect to 110831
financing the costs associated with the acquisition, development, 110832
installation, and implementation of the Ohio Administrative 110833
Knowledge System. If it is determined that additional 110834
appropriations are necessary for this purpose, the amounts are 110835
hereby appropriated.110836

       Section 207.10.40. STATE TAXATION ACCOUNTING AND REVENUE 110837
SYSTEM110838

       The Department of Administrative Services, in conjunction 110839
with the Department of Taxation, may acquire the State Taxation 110840
Accounting and Revenue System (STARS) pursuant to Chapter 125. of 110841
the Revised Code, including, but not limited to, the application 110842
hardware and software and installation and implementation thereof, 110843
for the use of the Department of Taxation. STARS is an integrated 110844
tax collection and audit system that will replace all of the 110845
state's existing separate tax software and administration systems 110846
for the various taxes collected by the state. Any lease-purchase 110847
arrangement used under Chapter 125. of the Revised Code to acquire 110848
STARS, including any fractionalized interests therein as defined 110849
in division (N) of section 133.01 of the Revised Code, shall 110850
provide that at the end of the lease period, STARS becomes the 110851
property of the state.110852

       Section 207.10.50. STARS LEASE RENTAL PAYMENTS110853

        The foregoing appropriation item 100416, STARS Lease Rental 110854
Payments, shall be used for payments at the times they are 110855
required to be made for the period from July 1, 2011, through June 110856
30, 2013, pursuant to leases and agreements entered into under 110857
Chapter 125. of the Revised Code, as supplemented by Section 110858
207.10.30 of Am. Sub. H.B. 1 of the 128th General Assembly and 110859
other prior acts of the General Assembly, with respect to 110860
financing the cost for the acquisition, development, installation, 110861
and implementation of the State Taxation Accounting and Revenue 110862
System (STARS). If it is determined that additional appropriations 110863
are necessary for this purpose, the amounts are appropriated.110864

       Section 207.10.60. EQUAL OPPORTUNITY CERTIFICATION PROGRAMS110865

       The foregoing appropriation item 100439, Equal Opportunity 110866
Certification Programs, shall be used to pay costs associated with 110867
the equal employment opportunity project tracking software that 110868
were formerly paid from appropriation item 100423, EEO Project 110869
Tracking Software. 110870

       Section 207.10.70. BUILDING RENT PAYMENTS110871

       The foregoing appropriation item 100447, OBA - Building Rent 110872
Payments, shall be used to meet all payments at the times they are 110873
required to be made during the period from July 1, 2011, through 110874
June 30, 2013, by the Department of Administrative Services to the 110875
Ohio Building Authority pursuant to leases and agreements under 110876
Chapter 152. of the Revised Code. These appropriations are the 110877
source of funds pledged for bond service charges on obligations 110878
issued pursuant to Chapter 152. of the Revised Code.110879

        The foregoing appropriation item 100448, OBA - Building 110880
Operating Payments, shall be used to meet all payments at the 110881
times that they are required to be made during the period from 110882
July 1, 2011, through June 30, 2013, by the Department of 110883
Administrative Services to the Ohio Building Authority pursuant to 110884
leases and agreements under Chapter 152. of the Revised Code, but 110885
limited to the aggregate amount of $42,800,000.110886

       The payments to the Ohio Building Authority are for paying 110887
the expenses of agencies that occupy space in various state 110888
facilities. The Department of Administrative Services may enter 110889
into leases and agreements with the Ohio Building Authority 110890
providing for the payment of these expenses. The Ohio Building 110891
Authority shall report to the Department of Administrative 110892
Services and the Office of Budget and Management not later than 110893
five months after the start of each fiscal year the actual 110894
expenses incurred by the Ohio Building Authority in operating the 110895
facilities and any balances remaining from payments and rentals 110896
received in the prior fiscal year. The Department of 110897
Administrative Services shall reduce subsequent payments by the 110898
amount of the balance reported to it by the Ohio Building 110899
Authority.110900

       Section 207.10.80. DAS - BUILDING OPERATING PAYMENTS110901

       The foregoing appropriation item 100449, DAS - Building 110902
Operating Payments, shall be used to pay the rent expenses of 110903
veterans organizations pursuant to section 123.024 of the Revised 110904
Code in fiscal years 2012 and 2013.110905

       The foregoing appropriation item, 100449, DAS - Building 110906
Operating Payments, also may be used to provide funding for the 110907
cost of property appraisals or building studies that the 110908
Department of Administrative Services may be required to obtain 110909
for property that is being sold by the state or property under 110910
consideration to be renovated or purchased by the state.110911

       Notwithstanding section 125.28 of the Revised Code, the 110912
remaining portion of the appropriation may be used to pay the 110913
operating expenses of state facilities maintained by the 110914
Department of Administrative Services that are not billed to 110915
building tenants. These expenses may include, but are not limited 110916
to, the costs for vacant space and space undergoing renovation, 110917
and the rent expenses of tenants that are relocated because of 110918
building renovations. These payments shall be processed by the 110919
Department of Administrative Services through intrastate transfer 110920
vouchers and placed in the Building Management Fund (Fund 1320).110921

       Section 207.10.90. CENTRAL SERVICE AGENCY FUND110922

       The appropriation item 100632, Central Service Agency, shall 110923
be used to purchase the equipment, products, and services that are 110924
needed to maintain existing automated applications for the 110925
professional licensing boards and to support board licensing 110926
functions in fiscal years 2012 and 2013 until these functions are 110927
replaced by the Ohio Professionals Licensing System. The 110928
Department of Administrative Services shall establish charges for 110929
recovering the costs of carrying out these functions. The charges 110930
shall be billed to the professional licensing boards and deposited 110931
via intrastate transfer vouchers to the credit of the Central 110932
Service Agency Fund (Fund 1150).110933

       Section 207.20.10. GENERAL SERVICE CHARGES110934

       The Department of Administrative Services, with the approval 110935
of the Director of Budget and Management, shall establish charges 110936
for recovering the costs of administering the programs funded by 110937
the General Services Fund (Fund 1170) and the State Printing Fund 110938
(Fund 2100). Such charges within Fund 1170 may be used to recover 110939
the cost of paying a vendor to establish reduced pricing for 110940
contracted supplies or services.110941

        If the Director of Administrative Services determines that 110942
additional amounts are necessary to pay for consulting and 110943
administrative costs related to securing lower pricing, the 110944
Director of Administrative Services may request that the Director 110945
of Budget and Management approve additional expenditures. Such 110946
approved additional amounts are appropriated to appropriation item 110947
100644, General Services Division-Operating. 110948

       Section 207.20.20. COLLECTIVE BARGAINING ARBITRATION EXPENSES110949

       With approval of the Director of Budget and Management, the 110950
Department of Administrative Services may seek reimbursement from 110951
state agencies for the actual costs and expenses the Department 110952
incurs in the collective bargaining arbitration process. The 110953
reimbursements shall be processed through intrastate transfer 110954
vouchers and credited to the Collective Bargaining Fund (Fund 110955
1280).110956

       Section 207.20.30. EQUAL OPPORTUNITY PROGRAM110957

       The Department of Administrative Services, with the approval 110958
of the Director of Budget and Management, shall establish charges 110959
for recovering the costs of administering the activities supported 110960
by the State EEO Fund (Fund 1880). These charges shall be 110961
deposited to the credit of the State EEO Fund (Fund 1880) upon 110962
payment made by state agencies, state-supported or state-assisted 110963
institutions of higher education, and tax-supported agencies, 110964
municipal corporations, and other political subdivisions of the 110965
state, for services rendered.110966

       Section 207.20.40. INVESTMENT RECOVERY FUND110967

       Notwithstanding division (B) of section 125.14 of the Revised 110968
Code, cash balances in the Investment Recovery Fund (Fund 4270) 110969
may be used to support the operating expenses of the Federal 110970
Surplus Operating Program created in sections 125.84 to 125.90 of 110971
the Revised Code.110972

       Notwithstanding division (B) of section 125.14 of the Revised 110973
Code, cash balances in the Investment Recovery Fund may be used to 110974
support the operating expenses of the Asset Management Services 110975
Program, including, but not limited to, the cost of establishing 110976
and maintaining procedures for inventory records for state 110977
property as described in section 125.16 of the Revised Code.110978

       Of the foregoing appropriation item 100602, Investment 110979
Recovery, up to $2,092,697 in fiscal year 2012 and up to 110980
$2,092,697 in fiscal year 2013 may be used to pay the operating 110981
expenses of the State Surplus Property Program, the Surplus 110982
Federal Property Program, and the Asset Management Services 110983
Program under Chapter 125. of the Revised Code and this section. 110984
If additional appropriations are necessary for the operations of 110985
these programs, the Director of Administrative Services shall seek 110986
increased appropriations from the Controlling Board under section 110987
131.35 of the Revised Code.110988

       Of the foregoing appropriation item 100602, Investment 110989
Recovery, $3,500,000 in each fiscal year shall be used to transfer 110990
proceeds from the sale of surplus property from the Investment 110991
Recovery Fund to non-General Revenue Funds under division (A)(2) 110992
of section 125.14 of the Revised Code. If it is determined by the 110993
Director of Administrative Services that additional amounts are 110994
necessary for the transfer of such sale proceeds, the Director of 110995
Administrative Services may request the Director of Budget and 110996
Management to authorize additional amounts. Such authorized 110997
additional amounts are hereby appropriated.110998

       Section 207.20.50. DAS INFORMATION SERVICES110999

       There is hereby established in the State Treasury the DAS 111000
Information Services Fund. The foregoing appropriation item 111001
100603, DAS Information Services, shall be used to pay the costs 111002
of providing information systems and services in the Department of 111003
Administrative Services. Any state agency, board, or commission 111004
may use DAS Information Services by paying for the services 111005
rendered.111006

        The Department of Administrative Services shall establish 111007
user charges for all information systems and services that are 111008
allowable in the statewide indirect cost allocation plan submitted 111009
annually to the United States Department of Health and Human 111010
Services. These charges shall comply with federal regulations and 111011
shall be deposited to the credit of the DAS Information Services 111012
Fund (Fund 4P30).111013

       Section 207.20.60. PROFESSIONAL DEVELOPMENT FUND111014

       The foregoing appropriation item 100610, Professional 111015
Development, shall be used to make payments from the Professional 111016
Development Fund (Fund 5L70) under section 124.182 of the Revised 111017
Code. If it is determined by the Director of Administrative 111018
Services that additional amounts are necessary, the Director of 111019
Administrative Services may request that the Director of Budget 111020
and Management approve additional amounts. Such approved 111021
additional amounts are hereby appropriated.111022

       Section  207.20.70. EMPLOYEE EDUCATIONAL DEVELOPMENT111023

       The foregoing appropriation item 100619, Employee Educational 111024
Development, shall be used to make payments from the Employee 111025
Educational Development Fund (Fund 5V60) under section 124.86 of 111026
the Revised Code. The fund shall be used to pay the costs of 111027
administering educational programs under existing collective 111028
bargaining agreements with District 1199, the Health Care and 111029
Social Service Union; State Council of Professional Educators; 111030
Ohio Education Association and National Education Association; the 111031
Fraternal Order of Police Ohio Labor Council, Unit 2; and the Ohio 111032
State Troopers Association, Units 1 and 15.111033

       If it is determined by the Director of Administrative 111034
Services that additional amounts are necessary, the Director of 111035
Administrative Services may request that the Director of Budget 111036
and Management approve additional amounts. Such approved 111037
additional amounts are hereby appropriated.111038

       Section 207.20.80. CENTRALIZED GATEWAY ENHANCEMENT FUND111039

       (A) As used in this section, "Ohio Business Gateway" refers 111040
to the internet-based system operated by the Department of 111041
Administrative Services with the advice of the Ohio Business 111042
Gateway Steering Committee established under section 5703.57 of 111043
the Revised Code. The Ohio Business Gateway is established to 111044
provide businesses a central web site where various filings and 111045
payments are submitted online to government. The information is 111046
then distributed to the various government entities that interact 111047
with the business community.111048

       (B) As used in this section:111049

       (1) "State Portal" refers to the official web site of the 111050
state, operated by the Department of Administrative Services.111051

       (2) "Shared Hosting Environment" refers to the computerized 111052
system operated by the Department of Administrative Services for 111053
the purpose of providing capability for state agencies to host web 111054
sites.111055

       (C) There is hereby created in the state treasury the 111056
Centralized Gateway Enhancement Fund (Fund 5X30). The foregoing 111057
appropriation item 100634, Centralized Gateway Enhancement, shall 111058
be used by the Department of Administrative Services to pay the 111059
costs of enhancing, expanding, and operating the infrastructure of 111060
the Ohio Business Gateway, State Portal, and Shared Hosting 111061
Environment. The Director of Administrative Services shall submit 111062
spending plans to the Director of Budget and Management to justify 111063
operating transfers to the fund from the General Revenue Fund. 111064
Upon approval, the Director of Budget and Management shall 111065
transfer approved amounts to the fund, not to exceed the amount of 111066
the annual appropriation in each fiscal year. The spending plans 111067
may be based on the recommendations of the Ohio Business Gateway 111068
Steering Committee or its successor.111069

       Section 207.20.90. CASH TRANSFERS FROM THE MAJOR IT PURCHASES 111070
FUND111071

       Upon request of the Director of Administrative Services, the 111072
Director of Budget and Management may make the following transfers 111073
from the Major IT Purchases Fund (Fund 4N60):111074

       (1) Up to $2,800,000 in each fiscal year of the biennium to 111075
the State Architect's Fund (Fund 1310) to support the OAKS Capital 111076
Improvements Module and other costs of the State Architect's 111077
Office that are not directly related to capital projects managed 111078
by the State Architect;111079

       (2) Up to $310,276 in fiscal year 2012 and up to $305,921 in 111080
fiscal year 2013 to the Director's Office Fund (Fund 1120) to 111081
support operating expenses of the Accountability and Results 111082
Initiative.111083

       Section 207.30.10. MULTI-AGENCY RADIO COMMUNICATION SYSTEM 111084
DEBT SERVICE PAYMENTS111085

       The Director of Administrative Services, in consultation with 111086
the Multi-Agency Radio Communication System (MARCS) Steering 111087
Committee and the Director of Budget and Management, shall 111088
determine the share of debt service payments attributable to 111089
spending for MARCS components that are not specific to any one 111090
agency and that shall be charged to agencies supported by the 111091
motor fuel tax. Such share of debt service payments shall be 111092
calculated for MARCS capital disbursements made beginning July 1, 111093
1997. Within thirty days of any payment made from appropriation 111094
item 100447, OBA - Building Rent Payments, the Director of 111095
Administrative Services shall certify to the Director of Budget 111096
and Management the amount of this share. The Director of Budget 111097
and Management shall transfer such amounts to the General Revenue 111098
Fund from the State Highway Safety Fund (Fund 7036) established in 111099
section 4501.06 of the Revised Code.111100

       The Director of Administrative Services shall consider 111101
renting or leasing existing tower sites at reasonable or current 111102
market rates, so long as these existing sites are equipped with 111103
the technical capabilities to support the MARCS project.111104

       Section 207.30.20. OHIO PROFESSIONALS LICENSING SYSTEM111105

       There is hereby created in the state treasury the Ohio 111106
Professionals Licensing System Fund (Fund 5JQ0). Appropriation 111107
item 100658, Ohio Professionals Licensing System, shall be used to 111108
make payments from the fund. The fund shall be used to purchase 111109
the equipment, products, and services necessary to develop and 111110
maintain a replacement automated licensing system for the 111111
professional licensing boards. The Director of Budget and 111112
Management may transfer up to $2,670,000 in cash from the 111113
Occupational Licensing and Regulatory Fund (4K90) and up to 111114
$330,000 from the State Medical Board Operating Fund (Fund 5C60) 111115
to the Ohio Professionals Licensing System Fund during the FY 111116
2012-FY 2013 biennium. The purpose of this cash transfer is to 111117
fund the initial acquisition and development of the system. Any 111118
cash balances not expended in fiscal year 2012 are reappropriated 111119
in fiscal year 2013. 111120

       Effective with the implementation of the replacement 111121
licensing system, the Department of Administrative Services shall 111122
establish charges for recovering the costs of ongoing maintenance 111123
of the system. The charges shall be billed to the professional 111124
licensing boards and deposited via intrastate transfer vouchers to 111125
the credit of the Ohio Professionals Licensing System Fund. 111126

       Section 207.30.30. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY111127

       Whenever the Director of Administrative Services declares a 111128
"public exigency," as provided in division (C) of section 123.15 111129
of the Revised Code, the Director shall also notify the members of 111130
the Controlling Board.111131

       Section 209.10. AGE DEPARTMENT OF AGING111132

General Revenue Fund111133

GRF 490321 Operating Expenses $ 1,501,616 $ 1,502,442 111134
GRF 490410 Long-Term Care Ombudsman $ 482,271 $ 482,271 111135
GRF 490411 Senior Community Services $ 7,130,952 $ 7,131,236 111136
GRF 490414 Alzheimer's Respite $ 1,917,740 $ 1,917,757 111137
GRF 490423 Long Term Care Budget - State $ 3,419,250 $ 3,419,250 111138
GRF 490506 National Senior Service Corps $ 241,413 $ 241,413 111139
TOTAL GRF General Revenue Fund $ 14,693,242 $ 14,694,369 111140

General Services Fund Group111141

4800 490606 Senior Community Outreach and Education $ 372,518 $ 372,523 111142
TOTAL GSF General Services Fund 111143
Group $ 372,518 $ 372,523 111144

Federal Special Revenue Fund Group111145

3220 490618 Federal Aging Grants $ 14,000,000 $ 14,000,000 111146
3C40 490623 Long Term Care Budget $ 3,525,000 $ 3,525,000 111147
3M40 490612 Federal Independence Services $ 63,655,080 $ 63,655,080 111148
TOTAL FED Federal Special Revenue 111149
Fund Group $ 81,180,080 $ 81,180,080 111150

State Special Revenue Fund Group111151

4C40 490609 Regional Long-Term Care Ombudsman Program $ 935,000 $ 935,000 111152
5BA0 490620 Ombudsman Support $ 750,000 $ 750,000 111153
5K90 490613 Long Term Care Consumers Guide $ 1,059,400 $ 1,059,400 111154
5W10 490616 Resident Services Coordinator Program $ 344,692 $ 344,700 111155
TOTAL SSR State Special Revenue 111156
Fund Group $ 3,089,092 $ 3,089,100 111157
TOTAL ALL BUDGET FUND GROUPS $ 99,334,932 $ 99,336,072 111158


       Section 209.20. LONG-TERM CARE111160

       Pursuant to an interagency agreement, the Department of Job 111161
and Family Services shall designate the Department of Aging to 111162
perform assessments under section 5111.204 of the Revised Code. 111163
The Department of Aging shall provide long-term care consultations 111164
under section 173.42 of the Revised Code to assist individuals in 111165
planning for their long-term health care needs. 111166

       The Department of Aging shall administer the Medicaid 111167
waiver-funded PASSPORT Home Care Program, the Choices Program, the 111168
Assisted Living Program, and the PACE Program as delegated by the 111169
Department of Job and Family Services in an interagency agreement. 111170
The foregoing appropriation items 490423, Long Term Care Budget - 111171
State, and 490623, Long Term Care Budget, may be used to support 111172
the Department of Aging's administrative costs associated with 111173
operating the PASSPORT, Choices, Assisted Living, and PACE 111174
programs.111175

       Section 209.30.  LONG-TERM CARE OMBUDSMAN111176

       The foregoing appropriation item 490410, Long-Term Care 111177
Ombudsman, shall be used for a program to fund ombudsman program 111178
activities as authorized in sections 173.14 to 173.27 and section 111179
173.99 of the Revised Code.111180

       SENIOR COMMUNITY SERVICES111181

       The foregoing appropriation item 490411, Senior Community 111182
Services, shall be used for services designated by the Department 111183
of Aging, including, but not limited to, home-delivered and 111184
congregate meals, transportation services, personal care services, 111185
respite services, adult day services, home repair, care 111186
coordination, and decision support systems. Service priority shall 111187
be given to low income, frail, and cognitively impaired persons 60 111188
years of age and over. The department shall promote cost sharing 111189
by service recipients for those services funded with senior 111190
community services funds, including, when possible, sliding-fee 111191
scale payment systems based on the income of service recipients.111192

       ALZHEIMER'S RESPITE111193

       The foregoing appropriation item 490414, Alzheimer's Respite, 111194
shall be used to fund only Alzheimer's disease services under 111195
section 173.04 of the Revised Code.111196

       SENIOR COMMUNITY OUTREACH AND EDUCATION111197

       The foregoing appropriation item 490606, Senior Community 111198
Outreach and Education, may be used to provide training to workers 111199
in the field of aging pursuant to division (G) of section 173.02 111200
of the Revised Code.111201

       TRANSFER OF APPROPRIATIONS - FEDERAL INDEPENDENCE SERVICES 111202
AND FEDERAL AGING GRANTS111203

       At the request of the Director of Aging, the Director of 111204
Budget and Management may transfer appropriation between 111205
appropriation items 490612, Federal Independence Services, and 111206
490618, Federal Aging Grants. The amounts transferred shall not 111207
exceed 30 per cent of the appropriation from which the transfer is 111208
made. Any transfers shall be reported by the Department of Aging 111209
to the Controlling Board at the next scheduled meeting of the 111210
board.111211

       REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM111212

       The foregoing appropriation item 490609, Regional Long-Term 111213
Care Ombudsman Program, shall be used to pay the costs of 111214
operating the regional long-term care ombudsman programs 111215
designated by the Long-Term Care Ombudsman.111216

       TRANSFER OF RESIDENT PROTECTION FUNDS111217

       In each fiscal year, the Director of Budget and Management 111218
may transfer up to $750,000 cash from the Resident Protection Fund 111219
(Fund 4E30), which is used by the Department of Job and Family 111220
Services, to the Ombudsman Support Fund (Fund 5BA0), which is used 111221
by the Department of Aging. The moneys in the Ombudsman Support 111222
Fund may be used by the state office of the Long-Term Care 111223
Ombudsman Program and by regional ombudsman programs to promote 111224
person-centered care in nursing homes.111225

       On July 1, 2011, or as soon as possible thereafter, the 111226
Department of Aging shall certify to the Director of Budget and 111227
Management the amount of the cash balance in the Ombudsman Support 111228
Fund at the end of fiscal year 2011.111229

       LONG-TERM CARE CONSUMERS GUIDE111230

        The foregoing appropriation item 490613, Long-Term Care 111231
Consumers Guide, shall be used to conduct annual customer 111232
satisfaction surveys and to pay for other administrative expenses 111233
related to the publication of the Ohio Long-Term Care Consumer 111234
Guide.111235

       During fiscal year 2012 and fiscal year 2013, the Department 111236
of Aging shall identify methods and tools for assessing consumer 111237
satisfaction with adult care facilities and with the providers of 111238
home and community-based services. The Department shall also 111239
consider the development of a provider fee structure to support 111240
the inclusion of information about adult care facilities and 111241
providers of home and community-based services among the types of 111242
providers reviewed in the Ohio Long-Term Care Consumer Guide.111243

       Section 211.10. AGR DEPARTMENT OF AGRICULTURE111244

General Revenue Fund111245

GRF 700401 Animal Disease Control $ 3,936,687 $ 3,936,687 111246
GRF 700403 Dairy Division $ 1,088,115 $ 1,088,115 111247
GRF 700404 Ohio Proud $ 50,000 $ 50,000 111248
GRF 700406 Consumer Analytical Lab $ 1,287,556 $ 1,287,556 111249
GRF 700407 Food Safety $ 848,792 $ 848,792 111250
GRF 700409 Farmland Preservation $ 72,750 $ 72,750 111251
GRF 700412 Weights and Measures $ 600,000 $ 600,000 111252
GRF 700415 Poultry Inspection $ 392,978 $ 392,978 111253
GRF 700418 Livestock Regulation Program $ 1,108,071 $ 1,108,071 111254
GRF 700424 Livestock Testing and Inspections $ 102,770 $ 102,770 111255
GRF 700499 Meat Inspection Program - State Share $ 4,175,097 $ 4,175,097 111256
GRF 700501 County Agricultural Societies $ 391,413 $ 391,413 111257
TOTAL GRF General Revenue Fund $ 14,054,229 $ 14,054,229 111258

General Services Fund Group111259

5DA0 700644 Laboratory Administration Support $ 1,094,867 $ 1,094,867 111260
5GH0 700655 Central Support Indirect Cost $ 4,456,842 $ 4,456,842 111261
TOTAL GSF General Services Fund Group $ 5,551,709 $ 5,551,709 111262

Federal Special Revenue Fund Group111263

3260 700618 Meat Inspection Program - Federal Share $ 4,950,000 $ 4,950,000 111264
3360 700617 Ohio Farm Loan Revolving Fund $ 150,000 $ 150,000 111265
3820 700601 Cooperative Contracts $ 2,000,000 $ 2,000,000 111266
3AB0 700641 Agricultural Easement $ 1,000,000 $ 1,000,000 111267
3J40 700607 Indirect Cost $ 600,000 $ 600,000 111268
3R20 700614 Federal Plant Industry $ 1,000,000 $ 1,000,000 111269
TOTAL FED Federal Special Revenue 111270
Fund Group $ 9,700,000 $ 9,700,000 111271

State Special Revenue Fund Group111272

4960 700626 Ohio Grape Industries $ 846,611 $ 846,611 111273
4970 700627 Commodity Handlers Regulatory Program $ 483,402 $ 483,402 111274
4C90 700605 Commercial Feed and Seed $ 1,816,897 $ 1,816,897 111275
4D20 700609 Auction Education $ 41,000 $ 41,000 111276
4E40 700606 Utility Radiological Safety $ 131,785 $ 131,785 111277
4P70 700610 Food Safety Inspection $ 1,085,836 $ 1,085,836 111278
4R00 700636 Ohio Proud Marketing $ 30,500 $ 30,500 111279
4R20 700637 Dairy Industry Inspection $ 1,758,247 $ 1,758,247 111280
4T60 700611 Poultry and Meat Inspection $ 180,000 $ 180,000 111281
4T70 700613 Ohio Proud International and Domestic Market Development $ 50,000 $ 50,000 111282
5780 700620 Ride Inspection Fees $ 1,175,142 $ 1,175,142 111283
5B80 700629 Auctioneers $ 359,823 $ 359,823 111284
5FC0 700648 Plant Pest Program $ 1,164,000 $ 1,164,000 111285
5H20 700608 Metrology Lab and Scale Certification $ 750,000 $ 750,000 111286
5HP0 700656 Livestock Care Standards Board $ 80,000 $ 80,000 111287
5L80 700604 Livestock Management Program $ 584,000 $ 584,000 111288
6520 700634 Animal and Consumer Analytical Laboratory $ 4,366,383 $ 4,366,383 111289
6690 700635 Pesticide, Fertilizer, and Lime Inspection Program $ 3,418,041 $ 3,418,041 111290
TOTAL SSR State Special Revenue 111291
Fund Group $ 18,321,667 $ 18,321,667 111292

Clean Ohio Conservation Fund Group111293

7057 700632 Clean Ohio Agricultural Easement $ 310,000 $ 310,000 111294
TOTAL CLF Clean Ohio Conservation Fund Group $ 310,000 $ 310,000 111295

TOTAL ALL BUDGET FUND GROUPS $ 47,937,605 $ 47,937,605 111296

       COUNTY AGRICULTURAL SOCIETIES111297

       The foregoing appropriation item 700501, County Agricultural 111298
Societies, shall be used to reimburse county and independent 111299
agricultural societies for expenses related to Junior Fair 111300
activities.111301

       CLEAN OHIO AGRICULTURAL EASEMENT111302

       The foregoing appropriation item 700632, Clean Ohio 111303
Agricultural Easement, shall be used by the Department of 111304
Agriculture in administering Ohio Agricultural Easement Fund (Fund 111305
7057) projects pursuant to sections 901.21, 901.22, and 5301.67 to 111306
5301.70 of the Revised Code.111307

       Section 213.10. AIR AIR QUALITY DEVELOPMENT AUTHORITY111308

General Services Fund Group111309

5EG0 898608 Energy Strategy Development $ 240,382 $ 240,681 111310
TOTAL GSF General Services Fund $ 240,382 $ 240,681 111311

Agency Fund Group111312

4Z90 898602 Small Business Ombudsman $ 288,050 $ 288,232 111313
5700 898601 Operating Expenses $ 323,980 $ 323,980 111314
5A00 898603 Small Business Assistance $ 71,087 $ 71,087 111315
TOTAL AGY Agency Fund Group $ 683,117 $ 683,299 111316
TOTAL ALL BUDGET FUND GROUPS $ 923,499 $ 923,980 111317


       Section 213.20.  ENERGY STRATEGY DEVELOPMENT111319

       The Ohio Air Quality Development Authority shall establish 111320
the Energy Strategy Development Program for the purpose of 111321
developing energy initiatives, projects, and policy for the state. 111322
Issues addressed by such initiatives, projects, and policy shall 111323
not be limited to those governed by Chapter 3706. of the Revised 111324
Code.111325

       There is hereby created in the state treasury the Energy 111326
Strategy Development Fund (Fund 5EG0). The fund shall consist of 111327
money credited to it and money obtained for advanced energy 111328
projects from federal or private grants, loans, or other sources. 111329
Money in the fund shall be used to carry out the purposes of the 111330
program. Interest earned on the money in the fund shall be 111331
credited to the General Revenue Fund.111332

       On July 1 of each fiscal year, or as soon as possible 111333
thereafter, the Director of Budget and Management may transfer 111334
cash from the funds specified below, in the amounts specified 111335
below, to the Energy Strategy Development Fund. Fund 5EG0 may 111336
accept contributions and transfers made to the fund. On July 1, 111337
2013, or as soon as possible thereafter, the Director shall 111338
transfer to the General Revenue Fund all cash credited to Fund 111339
5EG0. Upon completion of the transfer, Fund 5EG0 is abolished.111340

Fund Fund Name User FY 2012 FY 2013 111341
1170 Office Services Department of Administrative Services $27,405 $27,439 111342
5GH0 Central Support Indirect Cost Department of Agriculture $27,405 $27,439 111343
1350 Supportive Services Department of Development $27,405 $27,439 111344
2190 Central Support Indirect Cost Environmental Protection Agency $27,405 $27,439 111345
1570 Central Support Indirect Chargeback Department of Natural Resources $27,405 $27,439 111346
7002 Highway Operating Department of Transportation $39,150 $39,199 111347

       Section 213.30. REIMBURSEMENT TO AIR QUALITY DEVELOPMENT 111348
AUTHORITY TRUST ACCOUNT111349

       Notwithstanding any other provision of law to the contrary, 111350
the Air Quality Development Authority may reimburse the Air 111351
Quality Development Authority trust account established under 111352
section 3706.10 of the Revised Code from all operating funds of 111353
the agency for expenses pertaining to the administration and 111354
shared costs incurred by the Air Quality Development Authority in 111355
the execution of responsibilities as prescribed in Chapter 3706. 111356
of the Revised Code. Reimbursement shall be made by voucher and 111357
completed in accordance with the administrative indirect costs 111358
allocation plan approved by the Office of Budget and Management.111359

       Section 215.10. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION 111360
SERVICES111361

General Revenue Fund111362

GRF 038401 Treatment Services $ 35,184,703 $ 7,020,974 111363
GRF 038404 Prevention Services $ 868,659 $ 868,659 111364
TOTAL GRF General Revenue Fund $ 36,053,362 $ 7,889,633 111365

General Services Fund111366

5T90 038616 Problem Gambling Services $ 335,000 $ 335,000 111367
TOTAL GSF General Services Fund Group $ 335,000 $ 335,000 111368

Federal Special Revenue Fund Group111369

3G40 038614 Substance Abuse Block Grant $ 69,000,000 $ 69,000,000 111370
3H80 038609 Demonstration Grants $ 8,675,580 $ 8,675,580 111371
3J80 038610 Medicaid $ 69,200,000 $ 0 111372
3N80 038611 Administrative Reimbursement $ 300,000 $ 300,000 111373
TOTAL FED Federal Special Revenue 111374
Fund Group $ 147,175,580 $ 77,975,580 111375

State Special Revenue Fund Group111376

4750 038621 Statewide Treatment and Prevention $ 16,000,000 $ 14,000,000 111377
5JW0 038615 Board Match Reimbursement $ 3,000,000 $ 3,000,000 111378
6890 038604 Education and Conferences $ 150,000 $ 150,000 111379
TOTAL SSR State Special Revenue 111380
Fund Group $ 19,150,000 $ 17,150,000 111381
TOTAL ALL BUDGET FUND GROUPS $ 202,713,942 $ 103,350,213 111382


       Section 217.10. ARC ARCHITECTS BOARD111384

General Services Fund Group111385

4K90 891609 Operating Expenses $ 494,459 $ 478,147 111386
TOTAL GSF General Services Fund 111387
Group $ 494,459 $ 478,147 111388
TOTAL ALL BUDGET FUND GROUPS $ 494,459 $ 478,147 111389


       Section 219.10. ART OHIO ARTS COUNCIL111391

General Revenue Fund111392

GRF 370321 Operating Expenses $ 1,305,704 $ 1,305,704 111393
GRF 370502 State Program Subsidies $ 5,000,000 $ 6,000,000 111394
TOTAL GRF General Revenue Fund $ 6,305,704 $ 7,305,704 111395

General Services Fund Group111396

4600 370602 Management Expenses and Donations $ 247,000 $ 247,000 111397
4B70 370603 Percent for Art Acquisitions $ 247,000 $ 247,000 111398
TOTAL GSF General Services Fund Group $ 494,000 $ 494,000 111399

Federal Special Revenue Fund Group111400

3140 370601 Federal Support $ 1,000,000 $ 1,000,000 111401
TOTAL FED Federal Special Revenue Fund Group $ 1,000,000 $ 1,000,000 111402
TOTAL ALL BUDGET FUND GROUPS $ 7,799,704 $ 8,799,704 111403


       Section 221.10. ATH ATHLETIC COMMISSION111405

General Services Fund Group111406

4K90 175609 Operating Expenses $ 281,904 $ 292,509 111407
TOTAL GSF General Services Fund Group $ 281,904 $ 292,509 111408
TOTAL ALL BUDGET FUND GROUPS $ 281,904 $ 292,509 111409


       Section 223.10. AGO ATTORNEY GENERAL111411

General Revenue Fund111412

GRF 055321 Operating Expenses $ 42,514,169 $ 42,514,169 111413
GRF 055405 Law-Related Education $ 100,000 $ 100,000 111414
GRF 055411 County Sheriffs' Pay Supplement $ 757,921 $ 757,921 111415
GRF 055415 County Prosecutors' Pay Supplement $ 831,499 $ 831,499 111416
TOTAL GRF General Revenue Fund $ 44,203,589 $ 44,203,589 111417

General Services Fund Group111418

1060 055612 General Reimbursement $ 43,197,968 $ 43,011,277 111419
1950 055660 Workers' Compensation Section $ 8,415,504 $ 8,415,504 111420
4180 055615 Charitable Foundations $ 7,286,000 $ 7,286,000 111421
4200 055603 Attorney General Antitrust $ 1,871,674 $ 1,839,074 111422
4210 055617 Police Officers' Training Academy Fee $ 2,124,942 $ 2,088,805 111423
4Z20 055609 BCI Asset Forfeiture and Cost Reimbursement $ 1,529,685 $ 1,521,731 111424
5900 055633 Peace Officer Private Security Fund $ 98,370 $ 98,370 111425
5A90 055618 Telemarketing Fraud Enforcement $ 7,500 $ 7,500 111426
5L50 055619 Law Enforcement Assistance Program $ 300,222 $ 0 111427
6310 055637 Consumer Protection Enforcement $ 3,799,115 $ 3,718,973 111428
TOTAL GSF General Services Fund 111429
Group $ 68,630,980 $ 67,987,234 111430

Federal Special Revenue Fund Group111431

3060 055620 Medicaid Fraud Control $ 4,211,235 $ 4,122,399 111432
3810 055611 Civil Rights Legal Service $ 402,540 $ 402,540 111433
3830 055634 Crime Victims Assistance $ 13,000,000 $ 13,000,000 111434
3E50 055638 Attorney General Pass-Through Funds $ 1,223,606 $ 1,222,172 111435
3R60 055613 Attorney General Federal Funds $ 3,823,251 $ 3,673,251 111436
TOTAL FED Federal Special Revenue 111437
Fund Group $ 22,660,632 $ 22,420,362 111438

State Special Revenue Fund Group111439

4020 055616 Victims of Crime $ 26,000,000 $ 26,000,000 111440
4170 055621 Domestic Violence Shelter $ 25,000 $ 25,000 111441
4190 055623 Claims Section $ 44,197,843 $ 41,953,025 111442
4L60 055606 DARE Programs $ 4,477,962 $ 4,477,962 111443
4Y70 055608 Title Defect Recision $ 600,000 $ 600,000 111444
6590 055641 Solid and Hazardous Waste Background Investigations $ 662,227 $ 651,049 111445
TOTAL SSR State Special Revenue 111446
Fund Group $ 75,963,032 $ 73,707,036 111447

Holding Account Redistribution Fund Group111448

R004 055631 General Holding Account $ 1,000,000 $ 1,000,000 111449
R005 055632 Antitrust Settlements $ 1,000 $ 1,000 111450
R018 055630 Consumer Frauds $ 750,000 $ 750,000 111451
R042 055601 Organized Crime Commission Distributions $ 25,025 $ 25,025 111452
R054 055650 Collection Outside Counsel Payments $ 4,500,000 $ 4,500,000 111453
TOTAL 090 Holding Account 111454
Redistribution Fund Group $ 6,276,025 $ 6,276,025 111455

Tobacco Master Settlement Agreement Fund Group111456

J087 055635 Law Enforcement Technology, Training, and Facility Enhancements $ 2,300,000 $ 0 111457
U087 055402 Tobacco Settlement Oversight, Administration, and Enforcement $ 2,527,992 $ 2,514,690 111458
TOTAL TSF Tobacco Master Settlement Agreement Fund Group $ 4,827,992 $ 2,514,690 111459
TOTAL ALL BUDGET FUND GROUPS $ 222,562,250 $ 217,108,936 111460

       COUNTY SHERIFFS' PAY SUPPLEMENT111461

        The foregoing appropriation item 055411, County Sheriffs' Pay 111462
Supplement, shall be used for the purpose of supplementing the 111463
annual compensation of county sheriffs as required by section 111464
325.06 of the Revised Code.111465

       At the request of the Attorney General, the Director of 111466
Budget and Management may transfer appropriation from 111467
appropriation item 055321, Operating Expenses, to appropriation 111468
item 055411, County Sheriffs' Pay Supplement. Any appropriation so 111469
transferred shall be used to supplement the annual compensation of 111470
county sheriffs as required by section 325.06 of the Revised Code.111471

       COUNTY PROSECUTORS' PAY SUPPLEMENT111472

       The foregoing appropriation item 055415, County Prosecutors' 111473
Pay Supplement, shall be used for the purpose of supplementing the 111474
annual compensation of certain county prosecutors as required by 111475
section 325.111 of the Revised Code.111476

       At the request of the Attorney General, the Director of 111477
Budget and Management may transfer appropriation from 111478
appropriation item 055321, Operating Expenses, to appropriation 111479
item 055415, County Prosecutors' Pay Supplement. Any appropriation 111480
so transferred shall be used to supplement the annual compensation 111481
of county prosecutors as required by section 325.111 of the 111482
Revised Code.111483

       WORKERS' COMPENSATION SECTION111484

       The Workers' Compensation Fund (Fund 1950) is entitled to 111485
receive payments from the Bureau of Workers' Compensation and the 111486
Ohio Industrial Commission at the beginning of each quarter of 111487
each fiscal year to fund legal services to be provided to the 111488
Bureau of Workers' Compensation and the Ohio Industrial Commission 111489
during the ensuing quarter. The advance payment shall be subject 111490
to adjustment.111491

       In addition, the Bureau of Workers' Compensation shall 111492
transfer payments at the beginning of each quarter for the support 111493
of the Workers' Compensation Fraud Unit.111494

       All amounts shall be mutually agreed upon by the Attorney 111495
General, the Bureau of Workers' Compensation, and the Ohio 111496
Industrial Commission.111497

       ATTORNEY GENERAL PASS-THROUGH FUNDS111498

        The foregoing appropriation item 055638, Attorney General 111499
Pass-Through Funds, shall be used to receive federal grant funds 111500
provided to the Attorney General by other state agencies, 111501
including, but not limited to, the Department of Youth Services 111502
and the Department of Public Safety.111503

       GENERAL HOLDING ACCOUNT111504

       The foregoing appropriation item 055631, General Holding 111505
Account, shall be used to distribute moneys under the terms of 111506
relevant court orders or other settlements received in a variety 111507
of cases involving the Office of the Attorney General. If it is 111508
determined that additional amounts are necessary for this purpose, 111509
the amounts are hereby appropriated.111510

        ANTITRUST SETTLEMENTS111511

       The foregoing appropriation item 055632, Antitrust 111512
Settlements, shall be used to distribute moneys under the terms of 111513
relevant court orders or other out of court settlements in 111514
antitrust cases or antitrust matters involving the Office of the 111515
Attorney General. If it is determined that additional amounts are 111516
necessary for this purpose, the amounts are hereby appropriated.111517

       CONSUMER FRAUDS111518

        The foregoing appropriation item 055630, Consumer Frauds, 111519
shall be used for distribution of moneys from court-ordered 111520
judgments against sellers in actions brought by the Office of 111521
Attorney General under sections 1334.08 and 4549.48 and division 111522
(B) of section 1345.07 of the Revised Code. These moneys shall be 111523
used to provide restitution to consumers victimized by the fraud 111524
that generated the court-ordered judgments. If it is determined 111525
that additional amounts are necessary for this purpose, the 111526
amounts are hereby appropriated.111527

       ORGANIZED CRIME COMMISSION DISTRIBUTIONS111528

        The foregoing appropriation item 055601, Organized Crime 111529
Commission Distributions, shall be used by the Organized Crime 111530
Investigations Commission, as provided by section 177.011 of the 111531
Revised Code, to reimburse political subdivisions for the expenses 111532
the political subdivisions incur when their law enforcement 111533
officers participate in an organized crime task force. If it is 111534
determined that additional amounts are necessary for this purpose, 111535
the amounts are hereby appropriated.111536

       COLLECTION OUTSIDE COUNSEL PAYMENTS111537

        The foregoing appropriation item 055650, Collection Outside 111538
Counsel Payments, shall be used for the purpose of paying 111539
contingency counsel fees for cases where debtors mistakenly paid 111540
the client agencies instead of the Attorney General's Revenue 111541
Recovery/Collections Enforcement Section. If it is determined that 111542
additional amounts are necessary for this purpose, the amounts are 111543
hereby appropriated.111544

       Section 225.10. AUD AUDITOR OF STATE111545

General Revenue Fund111546

GRF 070321 Operating Expenses $ 27,434,452 $ 27,434,452 111547
GRF 070403 Fiscal Watch/Emergency Technical Assistance $ 800,000 $ 800,000 111548
TOTAL GRF General Revenue Fund $ 28,234,452 $ 28,234,452 111549

Auditor of State Fund Group111550

1090 070601 Public Audit Expense - Intra-State $ 9,000,000 $ 8,700,000 111551
4220 070602 Public Audit Expense - Local Government $ 31,422,959 $ 31,052,999 111552
5840 070603 Training Program $ 181,250 $ 181,250 111553
5JZ0 070606 LEAP Revolving Loans $ 850,000 $ 650,000 111554
6750 070605 Uniform Accounting Network $ 3,500,000 $ 3,500,000 111555
TOTAL AUD Auditor of State Fund 111556
Group $ 44,954,209 $ 44,084,249 111557
TOTAL ALL BUDGET FUND GROUPS $ 73,188,661 $ 72,318,701 111558

       FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE111559

       The foregoing appropriation item 070403, Fiscal 111560
Watch/Emergency Technical Assistance, shall be used for expenses 111561
incurred by the Office of the Auditor of State in its role 111562
relating to fiscal watch or fiscal emergency activities under 111563
Chapters 118. and 3316. of the Revised Code. Expenses include, but 111564
are not limited to, the following: duties related to the 111565
determination or termination of fiscal watch or fiscal emergency 111566
of municipal corporations, counties, townships, or school 111567
districts; development of preliminary accounting reports; 111568
performance of annual forecasts; provision of performance audits; 111569
and supervisory, accounting, or auditing services for the 111570
municipal corporations, counties, townships, or school districts.111571

       An amount equal to the unexpended, unencumbered portion of 111572
appropriation item 070403, Fiscal Watch/Emergency Technical 111573
Assistance, at the end of fiscal year 2012 is hereby 111574
reappropriated for the same purpose in fiscal year 2013.111575

       Section 227.10. BRB BOARD OF BARBER EXAMINERS111576

General Services Fund Group111577

4K90 877609 Operating Expenses $ 656,320 $ 649,211 111578
TOTAL GSF General Services Fund 111579
Group $ 656,320 $ 649,211 111580
TOTAL ALL BUDGET FUND GROUPS $ 656,320 $ 649,211 111581


       Section 229.10. OBM OFFICE OF BUDGET AND MANAGEMENT111583

General Revenue Fund111584

GRF 042321 Budget Development and Implementation $ 2,362,025 $ 2,378,166 111585
GRF 042416 Office of Health Transformation $ 306,285 $ 0 111586
GRF 042422 Pension Shift Replacement $ 23,436,402 $ 22,348,323 111587
TOTAL GRF General Revenue Fund $ 26,104,712 $ 24,726,489 111588

General Services Fund Group111589

1050 042603 State Accounting and Budgeting $ 21,917,230 $ 22,006,331 111590
5N40 042602 OAKS Project Implementation $ 1,358,000 $ 1,309,500 111591
5Z80 042608 Office of Health Transformation Administration $ 57,752 $ 0 111592
TOTAL GSF General Services Fund Group $ 23,332,982 $ 23,315,831 111593

Federal Special Revenue Fund Group111594

3CM0 042606 Office of Health Transformation - Federal $ 384,037 $ 145,500 111595
TOTAL FED Federal Special Revenue Fund Group $ 384,037 $ 145,500 111596

Agency Fund Group111597

5EH0 042604 Forgery Recovery $ 50,000 $ 50,000 111598
TOTAL AGY Agency Fund Group $ 50,000 $ 50,000 111599
TOTAL ALL BUDGET FUND GROUPS $ 49,871,731 $ 48,237,820 111600

       AUDIT COSTS AND DUES111601

       All centralized audit costs associated with either Single 111602
Audit Schedules or financial statements prepared in conformance 111603
with generally accepted accounting principles for the state shall 111604
be paid from the foregoing appropriation item 042603, State 111605
Accounting and Budgeting.111606

       Costs associated with the audit of the Auditor of State and 111607
national association dues shall be paid from the foregoing 111608
appropriation item 042321, Budget Development and Implementation.111609

       PENSION SHIFT REPLACEMENT111610

       Notwithstanding any provision of law to the contrary, the 111611
foregoing appropriation item 042422, Pension Shift Replacement, 111612
shall be used by the Director of Budget and Management to help 111613
state agencies fully fund the employer's share of public 111614
retirement system contributions for state employees who are paid 111615
directly by warrant of the Director of Budget and Management. 111616

       The Director of Budget and Management may authorize 111617
additional expenditures from various non-GRF appropriation items 111618
in order to fully fund the employer's share of public retirement 111619
system contributions for state employees who are paid directly by 111620
warrant of the Director of Budget and Management. Any additional 111621
expenditures authorized by the Director of Budget and Management 111622
under this paragraph are hereby appropriated.111623

       SHARED SERVICES CENTER111624

       The Director of Budget and Management shall use the OAKS 111625
Project Implementation Fund (Fund 5N40) and the Accounting and 111626
Budgeting Fund (Fund 1050) to support a Shared Services Center 111627
within the Office of Budget and Management for the purpose of 111628
consolidating statewide business functions and common 111629
transactional processes.111630

        The Director of Budget and Management shall include the 111631
recovery of costs to operate the Shared Services Center in the 111632
accounting and budgeting services payroll rate and through a 111633
direct charge using intrastate transfer vouchers to agencies for 111634
services rendered. The Director of Budget and Management shall 111635
determine the cost recovery methodology. Such cost recovery 111636
revenues shall be deposited to the credit of Fund 1050.111637

       INTERNAL CONTROL AND AUDIT OVERSIGHT111638

       The Director of Budget and Management shall include the 111639
recovery of costs to operate the Internal Control and Audit 111640
Oversight Program in the accounting and budgeting services payroll 111641
rate and through a direct charge using intrastate transfer 111642
vouchers to agencies reviewed by the program. The Director of 111643
Budget and Management, with advice from the Internal Audit 111644
Advisory Council, shall determine the cost recovery methodology. 111645
Such cost recovery revenues shall be deposited to the credit of 111646
the Accounting and Budgeting Fund (Fund 1050).111647

       FORGERY RECOVERY111648

       The foregoing appropriation item 042604, Forgery Recovery, 111649
shall be used to reissue warrants that have been certified as 111650
forgeries by the rightful recipient as determined by the Bureau of 111651
Criminal Identification and Investigation and the Treasurer of 111652
State. Upon receipt of funds to cover the reissuance of the 111653
warrant, the Director of Budget and Management shall reissue a 111654
state warrant of the same amount.111655

       GRF TRANSFER TO THE OAKS PROJECT IMPLEMENTATION FUND111656

       On July 1 of each fiscal year, or as soon as possible 111657
thereafter, the Director of Budget and Management shall transfer 111658
an amount not to exceed $1,100,000 in cash from the General 111659
Revenue Fund to the OAKS Project Implementation Fund (Fund 5N40).111660

       Section 231.10. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD111661

General Revenue Fund111662

GRF 874100 Personal Services $ 1,272,017 $ 1,272,017 111663
GRF 874320 Maintenance and Equipment $ 529,391 $ 529,391 111664
TOTAL GRF General Revenue Fund $ 1,801,408 $ 1,801,408 111665

General Services Fund Group111666

4G50 874603 Capitol Square Education Center and Arts $ 15,000 $ 15,000 111667
4S70 874602 Statehouse Gift Shop/Events $ 686,708 $ 686,708 111668
TOTAL GSF General Services 111669
Fund Group $ 701,708 $ 701,708 111670

Underground Parking Garage111671

2080 874601 Underground Parking Garage Operations $ 3,290,052 $ 3,186,573 111672
TOTAL UPG Underground Parking 111673
Garage $ 3,290,052 $ 3,186,573 111674
TOTAL ALL BUDGET FUND GROUPS $ 5,793,168 $ 5,689,689 111675

       WAREHOUSE PAYMENTS111676

        Of the foregoing appropriation item 874601, Underground 111677
Parking Garage Operations, $48,000 in each fiscal year shall be 111678
used to meet all payments at the times they are required to be 111679
made during the period from July 1, 2011, through June 30, 2013, 111680
to the Ohio Building Authority for bond service charges relating 111681
to the purchase and improvement of a warehouse acquired pursuant 111682
to section 105.41 of the Revised Code, in which to store items of 111683
the Capitol Collection Trust and, whenever necessary, equipment or 111684
other property of the Board.111685

       BOILER REPLACEMENT PAYMENTS111686

       Of the foregoing appropriation item 874601, Underground 111687
Parking Garage Operations, $100,000 in each fiscal year shall be 111688
used to meet all payments at the time they are required to be made 111689
during the period from July 1, 2011, through June 30, 2013, to the 111690
Ohio Building Authority for bond service charges relating to 111691
appropriation item C87416, Statehouse Boiler Replacement.111692

       UNDERGROUND PARKING GARAGE FUND111693

       Notwithstanding division (G) of section 105.41 of the Revised 111694
Code and any other provision to the contrary, moneys in the 111695
Underground Parking Garage Fund (Fund 2080) may be used for 111696
personnel and operating costs related to the operations of the 111697
Statehouse and the Statehouse Underground Parking Garage.111698

       Section 233.10. SCR STATE BOARD OF CAREER COLLEGES AND 111699
SCHOOLS111700

General Services Fund Group111701

4K90 233601 Operating Expenses $ 558,658 $ 579,328 111702
TOTAL GSF General Services Fund Group $ 558,658 $ 579,328 111703
TOTAL ALL BUDGET FUND GROUPS $ 558,658 $ 579,328 111704


       Section 235.10. CAC CASINO CONTROL COMMISSION111706

State Special Revenue Fund Group111707

5HS0 955321 Casino Control - Operating $ 8,263,312 $ 13,121,283 111708
TOTAL SSR State Special Revenue Fund Group $ 8,263,312 $ 13,121,283 111709
TOTAL ALL BUDGET FUND GROUPS $ 8,263,312 $ 13,121,283 111710


       Section 237.10. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD111712

General Services Fund Group111713

4K90 930609 Operating Expenses $ 433,734 $ 417,827 111714
TOTAL GSF General Services Fund Group $ 433,734 $ 417,827 111715
TOTAL ALL BUDGET FUND GROUPS $ 433,734 $ 417,827 111716


       Section 239.10. CHR STATE CHIROPRACTIC BOARD111718

General Services Fund Group111719

4K90 878609 Operating Expenses $ 592,916 $ 584,925 111720
TOTAL GSF General Services Fund Group $ 592,916 $ 584,925 111721
TOTAL ALL BUDGET FUND GROUPS $ 592,916 $ 584,925 111722


       Section 241.10. CIV OHIO CIVIL RIGHTS COMMISSION111724

General Revenue Fund111725

GRF 876321 Operating Expenses $ 4,725,784 $ 4,725,784 111726
TOTAL GRF General Revenue Fund $ 4,725,784 $ 4,725,784 111727

General Services Fund Group111728

2170 876604 Operations Support $ 8,000 $ 8,000 111729
TOTAL GSF General Services 111730
Fund Group $ 8,000 $ 8,000 111731

Federal Special Revenue Fund Group111732

3340 876601 Federal Programs $ 2,762,000 $ 2,762,000 111733
TOTAL FED Federal Special Revenue 111734
Fund Group $ 2,762,000 $ 2,762,000 111735

TOTAL ALL BUDGET FUND GROUPS $ 7,495,784 $ 7,495,784 111736


       Section 243.10. COM DEPARTMENT OF COMMERCE111738

General Services Fund Group111739

1630 800620 Division of Administration $ 7,305,337 $ 7,328,301 111740
1630 800637 Information Technology $ 5,999,892 $ 6,011,977 111741
5430 800602 Unclaimed Funds-Operating $ 7,836,107 $ 7,841,473 111742
5430 800625 Unclaimed Funds-Claims $ 69,700,000 $ 69,800,000 111743
5F10 800635 Small Government Fire Departments $ 300,000 $ 300,000 111744
TOTAL GSF General Services Fund 111745
Group $ 91,141,336 $ 91,281,751 111746

Federal Special Revenue Fund Group111747

3480 800622 Underground Storage Tanks $ 1,129,518 $ 1,129,518 111748
3480 800624 Leaking Underground Storage Tanks $ 1,556,211 $ 1,556,211 111749
TOTAL FED Federal Special Revenue 111750
Fund Group $ 2,685,729 $ 2,685,729 111751

State Special Revenue Fund Group111752

4B20 800631 Real Estate Appraisal Recovery $ 35,000 $ 35,000 111753
4H90 800608 Cemeteries $ 268,067 $ 268,293 111754
4X20 800619 Financial Institutions $ 2,186,271 $ 1,990,693 111755
5440 800612 Banks $ 7,242,364 $ 6,942,336 111756
5450 800613 Savings Institutions $ 2,257,220 $ 2,259,536 111757
5460 800610 Fire Marshal $ 16,523,862 $ 15,501,562 111758
5460 800639 Fire Department Grants $ 1,698,802 $ 1,698,802 111759
5470 800603 Real Estate Education/Research $ 125,000 $ 125,000 111760
5480 800611 Real Estate Recovery $ 25,000 $ 25,000 111761
5490 800614 Real Estate $ 3,413,708 $ 3,332,308 111762
5500 800617 Securities $ 4,312,434 $ 4,314,613 111763
5520 800604 Credit Union $ 3,450,390 $ 3,450,390 111764
5530 800607 Consumer Finance $ 3,613,016 $ 3,516,861 111765
5560 800615 Industrial Compliance $ 27,639,372 $ 27,664,695 111766
5FW0 800616 Financial Literacy Education $ 240,000 $ 240,000 111767
5GK0 800609 Securities Investor Education/Enforcement $ 1,135,000 $ 485,000 111768
5HV0 800641 Cigarette Enforcement $ 120,000 $ 120,000 111769
5X60 800623 Video Service $ 340,299 $ 340,630 111770
6530 800629 UST Registration/Permit Fee $ 1,854,675 $ 1,509,653 111771
6A40 800630 Real Estate Appraiser-Operating $ 699,565 $ 648,890 111772
TOTAL SSR State Special Revenue 111773
Fund Group $ 77,180,045 $ 74,469,262 111774

Liquor Control Fund Group111775

7043 800601 Merchandising $ 472,209,274 $ 0 111776
7043 800627 Liquor Control Operating $ 13,398,274 $ 10,110,479 111777
7043 800633 Development Assistance Debt Service $ 51,973,200 $ 0 111778
7043 800636 Revitalization Debt Service $ 21,129,800 $ 0 111779
TOTAL LCF Liquor Control 111780
Fund Group $ 558,710,548 $ 10,110,479 111781
TOTAL ALL BUDGET FUND GROUPS $ 729,717,658 178,547,221 111782

       SMALL GOVERNMENT FIRE DEPARTMENTS111783

       Notwithstanding section 3737.17 of the Revised Code, the 111784
foregoing appropriation item 800635, Small Government Fire 111785
Departments, may be used to provide loans to private fire 111786
departments.111787

       UNCLAIMED FUNDS PAYMENTS111788

       The foregoing appropriation item 800625, Unclaimed 111789
Funds-Claims, shall be used to pay claims under section 169.08 of 111790
the Revised Code. If it is determined that additional amounts are 111791
necessary, the amounts are appropriated.111792

       UNCLAIMED FUNDS TRANSFERS111793

        Notwithstanding division (A) of section 169.05 of the Revised 111794
Code, on or after June 1, 2012, the Director of Budget and 111795
Management shall request the Director of Commerce to transfer to 111796
the General Revenue Fund up to $115,000,000 of unclaimed funds 111797
that have been reported by holders of unclaimed funds under 111798
section 169.05 of the Revised Code, irrespective of the allocation 111799
of the unclaimed funds under that section. After such request has 111800
been made, the Director of Commerce shall transfer the funds prior 111801
to June 30, 2012.111802

        Notwithstanding division (A) of section 169.05 of the Revised 111803
Code, on or after June 1, 2013, the Director of Budget and 111804
Management shall request the Director of Commerce to transfer to 111805
the General Revenue Fund up to $100,000,000 of unclaimed funds 111806
that have been reported by holders of unclaimed funds under 111807
section 169.05 of the Revised Code, irrespective of the allocation 111808
of the unclaimed funds under that section. After such request has 111809
been made, the Director of Commerce shall transfer the funds prior 111810
to June 30, 2013.111811

       FIRE DEPARTMENT GRANTS111812

        Of the foregoing appropriation item 800639, Fire Department 111813
Grants, up to $1,647,140 in each fiscal year shall be used to make 111814
annual grants to volunteer fire departments, fire departments that 111815
serve one or more small municipalities or small townships, joint 111816
fire districts comprised of fire departments that primarily serve 111817
small municipalities or small townships, local units of government 111818
responsible for such fire departments, and local units of 111819
government responsible for the provision of fire protection 111820
services for small municipalities or small townships.111821

       The grants shall be used by recipients to purchase 111822
firefighting or rescue equipment or gear or similar items, to 111823
provide full or partial reimbursement for the documented costs of 111824
firefighter training, or, at the discretion of the State Fire 111825
Marshal, to cover fire department costs for providing fire 111826
protection services in that grant recipient's jurisdiction. 111827

       Grant awards for firefighting or rescue equipment or gear or 111828
for fire department costs of providing fire protection services 111829
shall be up to $15,000 per fiscal year, or up to $25,000 per 111830
fiscal year if an eligible entity serves a jurisdiction in which 111831
the Governor declared a natural disaster during the preceding or 111832
current fiscal year in which the grant was awarded. In addition to 111833
any grant funds awarded for rescue equipment or gear, or for fire 111834
department costs associated with the provision of fire protection 111835
services, an eligible entity may receive a grant for up to $15,000 111836
per fiscal year for full or partial reimbursement of the 111837
documented costs of firefighter training. For each fiscal year, 111838
the State Fire Marshal shall determine the total amounts to be 111839
allocated for each eligible purpose.111840

       The grant program shall be administered by the State Fire 111841
Marshal in accordance with rules the State Fire Marshal adopts as 111842
part of the state fire code adopted pursuant to section 3737.82 of 111843
the Revised Code that are necessary for the administration and 111844
operation of the grant program. The rules may further define the 111845
entities eligible to receive grants and establish criteria for the 111846
awarding and expenditure of grant funds, including methods the 111847
State Fire Marshal may use to verify the proper use of grant funds 111848
or to obtain reimbursement for or the return of equipment for 111849
improperly used grant funds. Any amounts in appropriation item 111850
800639, Fire Department Grants, in excess of the amount allocated 111851
for these grants may be used for the administration of the grant 111852
program.111853

       CASH TRANSFERS TO THE DIVISION OF SECURITIES INVESTOR 111854
EDUCATION AND ENFORCEMENT EXPENSE FUND111855

       The Director of Budget and Management, upon the request of 111856
the Director of Commerce, shall transfer up to $485,000 in cash in 111857
each fiscal year from the Division of Securities Fund (Fund 5500) 111858
to the Division of Securities Investor Education and Enforcement 111859
Expense Fund (Fund 5GK0) created in section 1707.37 of the Revised 111860
Code. 111861

       CASH TRANSFER TO VIDEO SERVICE AUTHORIZATION FUND111862

       The Director of Budget and Management, upon the request of 111863
the Director of Commerce, shall transfer up to $340,000 in cash in 111864
each fiscal year from the Division of Administration Fund (Fund 111865
1630) to the Video Service Authorization Fund (Fund 5X60).111866

       INCREASED APPROPRIATION - MERCHANDISING111867

       The foregoing appropriation item 800601, Merchandising, shall 111868
be used under section 4301.12 of the Revised Code. If it is 111869
determined that additional expenditures are necessary, the amounts 111870
are hereby appropriated.111871

       DEVELOPMENT ASSISTANCE DEBT SERVICE111872

        The foregoing appropriation item 800633, Development 111873
Assistance Debt Service, shall be used to pay debt service and 111874
related financing costs at the times they are required to be made 111875
during the period from July 1, 2011, to June 30, 2012, for bond 111876
service charges on obligations issued under Chapter 166. of the 111877
Revised Code. If it is determined that additional appropriations 111878
are necessary for this purpose, such amounts are appropriated, 111879
subject to the limitations set forth in section 166.11 of the 111880
Revised Code. An appropriation for this purpose is not required, 111881
but is made in this form and in this act for record purposes only.111882

        REVITALIZATION DEBT SERVICE111883

       The foregoing appropriation item 800636, Revitalization Debt 111884
Service, shall be used to pay debt service and related financing 111885
costs at the times they are required to be made pursuant to 111886
sections 151.01 and 151.40 of the Revised Code during the period 111887
from July 1, 2011, to June 30, 2012. If it is determined that 111888
additional appropriations are necessary for this purpose, such 111889
amounts are hereby appropriated. The General Assembly acknowledges 111890
the priority of the pledge of a portion of receipts from that 111891
source to obligations issued and to be issued under Chapter 166. 111892
of the Revised Code.111893

        LIQUOR CONTROL FUND TRANSFER111894

        On January 1, 2012, or as soon as possible thereafter, the 111895
Director of Budget and Management may transfer up to $7,390,407 in 111896
cash from the General Revenue Fund to the Liquor Control Fund 111897
(Fund 7043) for the liquor permitting and compliance functions of 111898
the Division of Liquor Control in the Department of Commerce and 111899
for the operations of the Liquor Control Commission and the 111900
Department of Public Safety pursuant to Chapter 4301. of the 111901
Revised Code.111902

        On July 1, 2012, or as soon as possible thereafter, the 111903
Director of Budget and Management may transfer up to $15,582,085 111904
in cash from the General Revenue Fund to the Liquor Control Fund 111905
(Fund 7043) for the liquor permitting and compliance functions of 111906
the Division of Liquor Control in the Department of Commerce and 111907
for the operations of the Liquor Control Commission and the 111908
Department of Public Safety pursuant to Chapter 4301. of the 111909
Revised Code.111910

       ADMINISTRATIVE ASSESSMENTS111911

       Notwithstanding any other provision of law to the contrary, 111912
the Division of Administration Fund (Fund 1630) is entitled to 111913
receive assessments from all operating funds of the Department in 111914
accordance with procedures prescribed by the Director of Commerce 111915
and approved by the Director of Budget and Management.111916

       Section 245.10. OCC OFFICE OF CONSUMERS' COUNSEL111917

General Services Fund Group111918

5F50 053601 Operating Expenses $ 4,141,093 $ 4,142,070 111919
TOTAL GSF General Services Fund Group $ 4,141,093 $ 4,142,070 111920
TOTAL ALL BUDGET FUND GROUPS $ 4,141,093 $ 4,142,070 111921


       Section 247.10. CEB CONTROLLING BOARD111923

General Revenue Fund111924

GRF 911401 Emergency Purposes/Contingencies $ 5,000,000 $ 5,000,000 111925
GRF 911441 Ballot Advertising Costs $ 475,000 $ 475,000 111926
TOTAL GRF General Revenue Fund $ 5,475,000 $ 5,475,000 111927
TOTAL ALL BUDGET FUND GROUPS $ 5,475,000 $ 5,475,000 111928

       DISASTER SERVICES FUND TRANSFERS TO THE EMERGENCY 111929
PURPOSES/CONTINGENCIES APPROPRIATION LINE ITEM111930

       The Controlling Board may, at the request of any state agency 111931
or the Director of Budget and Management, transfer all or part of 111932
the appropriation in appropriation item 911401, Emergency 111933
Purposes/Contingencies, for the purpose of providing disaster and 111934
emergency situation aid to state agencies and political 111935
subdivisions in the event of disasters and emergency situations or 111936
for the other purposes noted in this section, including, but not 111937
limited to, costs related to the disturbance that occurred on 111938
April 11, 1993, at the Southern Ohio Correctional Facility in 111939
Lucasville, Ohio.111940

       FEDERAL SHARE111941

       In transferring appropriations to or from appropriation items 111942
that have federal shares identified in this act, the Controlling 111943
Board shall add or subtract corresponding amounts of federal 111944
matching funds at the percentages indicated by the state and 111945
federal division of the appropriations in this act. Such changes 111946
are hereby appropriated.111947

       DISASTER ASSISTANCE111948

       Pursuant to requests submitted by the Department of Public 111949
Safety, the Controlling Board may approve transfers from 111950
appropriation item 911401, Emergency Purposes/Contingencies, to 111951
appropriation items used by the Department of Public Safety to 111952
provide funding for assistance to political subdivisions and 111953
individuals made necessary by natural disasters or emergencies. 111954
Such transfers may be requested and approved prior to or following 111955
the occurrence of any specific natural disasters or emergencies in 111956
order to facilitate the provision of timely assistance.111957

       DISASTER SERVICES111958

        Pursuant to requests submitted by the Department of Public 111959
Safety, the Controlling Board may approve transfers from the 111960
Disaster Services Fund (5E20) to a fund and appropriation item 111961
used by the Department of Public Safety to provide for assistance 111962
to political subdivisions made necessary by natural disasters or 111963
emergencies. These transfers may be requested and approved prior 111964
to the occurrence of any specific natural disasters or emergencies 111965
in order to facilitate the provision of timely assistance. The 111966
Emergency Management Agency of the Department of Public Safety 111967
shall use the funding to fund the State Disaster Relief Program 111968
for disasters that have been declared by the Governor, and the 111969
State Individual Assistance Program for disasters that have been 111970
declared by the Governor and the federal Small Business 111971
Administration. The Ohio Emergency Management Agency shall publish 111972
and make available application packets outlining procedures for 111973
the State Disaster Relief Program and the State Individual 111974
Assistance Program.111975

       Fund 5E20 shall be used by the Controlling Board, pursuant to 111976
requests submitted by state agencies, to transfer cash and 111977
appropriations to any fund and appropriation item for the payment 111978
of state agency disaster relief program expenses for disasters 111979
declared by the Governor, if the Director of Budget and Management 111980
determines that sufficient funds exist.111981

       SOUTHERN OHIO CORRECTIONAL FACILITY COST111982

       The Division of Criminal Justice Services in the Department 111983
of Public Safety and the Public Defender Commission may each 111984
request, upon approval of the Director of Budget and Management, 111985
additional funds from appropriation item 911401, Emergency 111986
Purposes/Contingencies, for costs related to the disturbance that 111987
occurred on April 11, 1993, at the Southern Ohio Correctional 111988
Facility in Lucasville, Ohio.111989

       BALLOT ADVERTISING COSTS111990

       Pursuant to section 3501.17 of the Revised Code, and upon 111991
requests submitted by the Secretary of State, the Controlling 111992
Board shall approve transfers from the foregoing appropriation 111993
item 911441, Ballot Advertising Costs, to appropriation item 111994
050621, Statewide Ballot Advertising, in order to pay for the cost 111995
of public notices associated with statewide ballot initiatives.111996

       CAPITAL APPROPRIATION INCREASE FOR FEDERAL STIMULUS 111997
ELIGIBILITY111998

        A state agency director shall request that the Controlling 111999
Board increase the amount of the agency's capital appropriations 112000
if the director determines such an increase is necessary for the 112001
agency to receive and use funds under the federal American 112002
Recovery and Reinvestment Act of 2009. The Controlling Board may 112003
increase the capital appropriations pursuant to the request up to 112004
the exact amount necessary under the federal act if the Board 112005
determines it is necessary for the agency to receive and use those 112006
federal funds.112007

       Section 249.10. COS STATE BOARD OF COSMETOLOGY112008

General Services Fund Group112009

4K90 879609 Operating Expenses $ 3,439,545 $ 3,364,030 112010
TOTAL GSF General Services Fund 112011
Group $ 3,439,545 $ 3,364,030 112012
TOTAL ALL BUDGET FUND GROUPS $ 3,439,545 $ 3,364,030 112013


       Section 251.10. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE 112015
AND FAMILY THERAPIST BOARD112016

General Services Fund Group112017

4K90 899609 Operating Expenses $ 1,204,235 $ 1,234,756 112018
TOTAL GSF General Services Fund 112019
Group $ 1,204,235 $ 1,234,756 112020
TOTAL ALL BUDGET FUND GROUPS $ 1,204,235 $ 1,234,756 112021


       Section 253.10. CLA COURT OF CLAIMS112023

General Revenue Fund112024

GRF 015321 Operating Expenses $ 2,573,508 $ 2,501,052 112025
TOTAL GRF General Revenue Fund $ 2,573,508 $ 2,501,052 112026

State Special Revenue Fund Group112027

5K20 015603 CLA Victims of Crime $ 1,582,684 $ 1,582,684 112028
TOTAL SSR State Special Revenue 112029
Fund Group $ 1,582,684 $ 1,582,684 112030
TOTAL ALL BUDGET FUND GROUPS $ 4,156,192 $ 4,083,736 112031


       Section 255.10. AFC OHIO CULTURAL FACILITIES COMMISSION112033

General Revenue Fund112034

GRF 371321 Operating Expenses $ 98,636 $ 98,636 112035
GRF 371401 Lease Rental Payments $ 27,804,900 $ 28,465,000 112036
TOTAL GRF General Revenue Fund $ 27,903,536 $ 28,563,636 112037

State Special Revenue Fund Group112038

4T80 371601 Riffe Theatre Equipment Maintenance $ 80,891 $ 80,891 112039
4T80 371603 Project Administration Services $ 1,200,000 $ 1,200,000 112040
TOTAL SSR State Special Revenue Group $ 1,280,891 $ 1,280,891 112041
TOTAL ALL BUDGET FUND GROUPS $ 29,184,427 $ 29,844,527 112042

       LEASE RENTAL PAYMENTS112043

       The foregoing appropriation item 371401, Lease Rental 112044
Payments, shall be used to meet all payments at the times they are 112045
required to be made during the period from July 1, 2011 through 112046
June 30, 2013, from the Ohio Cultural Facilities Commission under 112047
the primary leases and agreements for those arts and sports 112048
facilities made under Chapters 152. and 154. of the Revised Code. 112049
These appropriations are the source of funds pledged for bond 112050
service charges on related obligations issued under Chapters 152. 112051
and 154. of the Revised Code.112052

       OPERATING EXPENSES112053

       The foregoing appropriation item 371321, Operating Expenses, 112054
shall be used by the Ohio Cultural Facilities Commission to carry 112055
out its responsibilities under this section and Chapter 3383. of 112056
the Revised Code.112057

       The foregoing appropriation item 371603, Project 112058
Administration Services, shall be used by the Ohio Cultural 112059
Facilities Commission in administering Cultural and Sports 112060
Facilities Building Fund (Fund 7030) projects pursuant to Chapter 112061
3383. of the Revised Code.112062

       By the tenth day following each calendar quarter in each 112063
fiscal year, or as soon as possible thereafter, the Director of 112064
Budget and Management shall determine the amount of cash from 112065
interest earnings to be transferred from the Cultural and Sports 112066
Facilities Building Fund (Fund 7030) to the Cultural Facilities 112067
Commission Administration Fund (Fund 4T80).112068

       As soon as possible after each bond issuance made on behalf 112069
of the Cultural Facilities Commission, the Director of Budget and 112070
Management shall determine the amount of cash from any premium 112071
paid on each issuance that is available to be transferred, after 112072
all issuance costs have been paid, from the Cultural and Sports 112073
Facilities Building Fund (Fund 7030) to the Cultural Facilities 112074
Commission Administration Fund (Fund 4T80).112075

       CAPITAL DONATIONS FUND CERTIFICATIONS AND APPROPRIATIONS112076

        The Executive Director of the Cultural Facilities Commission 112077
shall certify to the Director of Budget and Management the amount 112078
of cash receipts and related investment income, irrevocable 112079
letters of credit from a bank, or certification of the 112080
availability of funds that have been received from a county or a 112081
municipal corporation for deposit into the Capital Donations Fund 112082
(Fund 5A10) and that are related to an anticipated project. These 112083
amounts are hereby appropriated to appropriation item C37146, 112084
Capital Donations. Prior to certifying these amounts to the 112085
Director, the Executive Director shall make a written agreement 112086
with the participating entity on the necessary cash flows required 112087
for the anticipated construction or equipment acquisition project.112088

       Section 257.10. DEN STATE DENTAL BOARD112089

General Services Fund Group112090

4K90 880609 Operating Expenses $ 1,574,715 $ 1,545,684 112091
TOTAL GSF General Services Fund 112092
Group $ 1,574,715 $ 1,545,684 112093
TOTAL ALL BUDGET FUND GROUPS $ 1,574,715 $ 1,545,684 112094


       Section 259.10. BDP BOARD OF DEPOSIT112096

General Services Fund Group112097

4M20 974601 Board of Deposit $ 1,876,000 $ 1,876,000 112098
TOTAL GSF General Services Fund 112099
Group $ 1,876,000 $ 1,876,000 112100
TOTAL ALL BUDGET FUND GROUPS $ 1,876,000 $ 1,876,000 112101

       BOARD OF DEPOSIT EXPENSE FUND112102

       Upon receiving certification of expenses from the Treasurer 112103
of State, the Director of Budget and Management shall transfer 112104
cash from the Investment Earnings Redistribution Fund (Fund 6080) 112105
to the Board of Deposit Expense Fund (Fund 4M20). The latter fund 112106
shall be used pursuant to section 135.02 of the Revised Code to 112107
pay for any and all necessary expenses of the Board of Deposit or 112108
for banking charges and fees required for the operation of the 112109
State of Ohio Regular Account.112110

       Section 261.10. DEV DEPARTMENT OF DEVELOPMENT112111

General Revenue Fund112112

GRF 195401 Thomas Edison Program $ 13,820,354 $ 0 112113
GRF 195402 Coal Development Office $ 260,983 $ 261,205 112114
GRF 195404 Small Business Development $ 1,565,770 $ 0 112115
GRF 195405 Minority Business Enterprise Division $ 1,118,528 $ 0 112116
GRF 195407 Travel and Tourism $ 5,000,000 $ 0 112117
GRF 195412 Rapid Outreach Grants $ 9,000,000 $ 0 112118
GRF 195415 Strategic Business Investment Division and Regional Offices $ 4,500,000 $ 0 112119
GRF 195416 Governor's Office of Appalachia $ 3,700,000 $ 0 112120
GRF 195422 Technology Action $ 547,341 $ 0 112121
GRF 195426 Clean Ohio Implementation $ 468,365 $ 0 112122
GRF 195432 Global Markets $ 3,500,000 $ 0 112123
GRF 195434 Industrial Training Grants $ 10,000,000 $ 0 112124
GRF 195497 CDBG Operating Match $ 1,015,000 $ 0 112125
GRF 195501 Appalachian Local Development Districts $ 391,482 $ 0 112126
GRF 195502 Appalachian Regional Commission Dues $ 195,000 $ 0 112127
GRF 195528 Economic Development Projects $ 0 $ 30,230,000 112128
GRF 195901 Coal Research & Development General Obligation Debt Service $ 7,861,100 $ 5,577,700 112129
GRF 195905 Third Frontier Research & Development General Obligation Debt Service $ 29,323,300 $ 63,640,300 112130
GRF 195912 Job Ready Site Development General Obligation Debt Service $ 9,859,200 $ 15,680,500 112131
TOTAL GRF General Revenue Fund $ 102,126,423 $ 115,389,705 112132

General Services Fund Group112133

1350 195684 Supportive Services $ 13,312,881 $ 12,326,381 112134
4W10 195646 Minority Business Enterprise Loan $ 2,500,000 $ 2,500,000 112135
5AD0 195633 Legacy Projects $ 15,000,000 $ 15,000,000 112136
5AD0 195677 Economic Development Contingency $ 10,000,000 $ 0 112137
5W50 195690 Travel and Tourism Cooperative Projects $ 100,000 $ 100,000 112138
6850 195636 Direct Cost Recovery Expenditures $ 900,000 $ 900,000 112139
TOTAL GSF General Services Fund 112140
Group $ 41,812,881 $ 30,826,381 112141

Federal Special Revenue Fund Group112142

3080 195602 Appalachian Regional Commission $ 475,000 $ 475,000 112143
3080 195603 Housing and Urban Development $ 6,000,000 $ 6,000,000 112144
3080 195605 Federal Projects $ 85,028,606 $ 85,470,106 112145
3080 195609 Small Business Administration $ 6,438,143 $ 5,511,381 112146
3080 195618 Energy Federal Grants $ 38,000,000 $ 3,400,000 112147
3350 195610 Energy Conservation and Emerging Technology $ 1,100,000 $ 1,100,000 112148
3AE0 195643 Workforce Development Initiatives $ 16,300,000 $ 16,300,000 112149
3DB0 195642 Federal Stimulus - Energy Efficiency & Conservation Block Grants $ 3,000,000 $ 42,485 112150
3EG0 195608 Federal Energy Training $ 5,000,000 $ 1,344,056 112151
3K80 195613 Community Development Block Grant $ 76,795,818 $ 65,210,000 112152
3K90 195611 Home Energy Assistance Block Grant $ 115,743,608 $ 115,743,608 112153
3K90 195614 HEAP Weatherization $ 22,000,000 $ 22,000,000 112154
3L00 195612 Community Services Block Grant $ 27,240,217 $ 27,240,217 112155
3V10 195601 HOME Program $ 40,000,000 $ 40,000,000 112156
TOTAL FED Federal Special Revenue 112157
Fund Group $ 443,121,392 $ 389,836,853 112158

State Special Revenue Fund Group112159

4500 195624 Minority Business Bonding Program Administration $ 160,110 $ 159,069 112160
4510 195625 Economic Development Financing Operating $ 3,400,000 $ 3,400,000 112161
4F20 195639 State Special Projects $ 180,437 $ 180,436 112162
4F20 195676 Marketing Initiatives $ 5,000,000 $ 0 112163
4F20 195699 Utility Provided Funds $ 500,000 $ 500,000 112164
4S00 195630 Tax Incentive Programs $ 650,800 $ 650,800 112165
5HJ0 195604 Motion Picture Tax Credit Program $ 50,000 $ 50,000 112166
5HR0 195526 Ohio Workforce Job Training $ 20,000,000 $ 30,000,000 112167
5JR0 195656 New Market Tax Credit Program $ 50,000 $ 50,000 112168
5KD0 195621 Brownfield Stormwater Loan $ 50,000 $ 50,000 112169
5M40 195659 Low Income Energy Assistance $ 245,000,000 $ 245,000,000 112170
5M50 195660 Advanced Energy Programs $ 8,000,000 $ 8,000,000 112171
5W60 195691 International Trade Cooperative Projects $ 160,000 $ 160,000 112172
6170 195654 Volume Cap Administration $ 94,397 $ 92,768 112173
6460 195638 Low- and Moderate- Income Housing Trust Fund $ 53,000,000 $ 53,000,000 112174
TOTAL SSR State Special Revenue 112175
Fund Group $ 336,295,744 $ 341,293,073 112176

Facilities Establishment Fund Group112177

5S90 195628 Capital Access Loan Program $ 2,000,000 $ 2,000,000 112178
7009 195664 Innovation Ohio $ 15,000,000 $ 15,000,000 112179
7010 195665 Research and Development $ 22,000,000 $ 22,000,000 112180
7037 195615 Facilities Establishment $ 65,000,000 $ 65,000,000 112181
TOTAL 037 Facilities 112182
Establishment Fund Group $ 104,000,000 $ 104,000,000 112183

Clean Ohio Revitalization Fund112184

7003 195663 Clean Ohio Operating $ 950,000 $ 950,000 112185
TOTAL 7003 Clean Ohio Revitalization Fund $ 950,000 $ 950,000 112186

Third Frontier Research & Development Fund Group112187

7011 195686 Third Frontier Operating $ 1,149,750 $ 1,149,750 112188
7011 195687 Third Frontier Research & Development Projects $ 183,850,250 $ 133,850,250 112189
7014 195620 Third Frontier Operating - Tax $ 1,700,000 $ 1,700,000 112190
7014 195692 Research & Development Taxable Bond Projects $ 38,300,000 $ 38,300,000 112191
TOTAL 011 Third Frontier Research & Development Fund Group $ 225,000,000 $ 175,000,000 112192

Job Ready Site Development Fund Group112193

7012 195688 Job Ready Site Operating $ 800,000 $ 800,000 112194
TOTAL 012 Job Ready Site Development Fund Group $ 800,000 $ 800,000 112195

Tobacco Master Settlement Agreement Fund Group112196

M087 195435 Biomedical Research and Technology Transfer $ 1,999,224 $ 1,999,224 112197
TOTAL TSF Tobacco Master Settlement Agreement Fund Group $ 1,999,224 $ 1,999,224 112198
TOTAL ALL BUDGET FUND GROUPS $ 1,256,105,664 $ 1,160,095,236 112199


       Section 261.10.10. THOMAS EDISON PROGRAM112201

       The foregoing appropriation item 195401, Thomas Edison 112202
Program, shall be used for the purposes of sections 122.28 to 112203
122.38 of the Revised Code. Of the foregoing appropriation item 112204
195401, Thomas Edison Program, not more than ten per cent in each 112205
fiscal year shall be used for operating expenditures in 112206
administering the programs of the Technology and Innovation 112207
Division.112208

       Section 261.10.20. SMALL BUSINESS DEVELOPMENT112209

       The foregoing appropriation item 195404, Small Business 112210
Development, shall be used as matching funds for grants from the 112211
United States Small Business Administration and other federal 112212
agencies, pursuant to Pub. L. No. 96-302 (1980) as amended by Pub. 112213
L. No. 98-395 (1984), and regulations and policy guidelines for 112214
the programs pursuant thereto. This appropriation item also may be 112215
used to provide grants to local organizations to support the 112216
operation of small business development centers and other local 112217
economic development activities that promote small business 112218
development and entrepreneurship.112219

       Section 261.10.30. RAPID OUTREACH GRANTS112220

       Appropriation item 195412, Rapid Outreach Grants, shall be 112221
used as an incentive for attracting, expanding, and retaining 112222
business opportunities for the state in accordance with Chapter 112223
166. of the Revised Code. Of the amount appropriated, no more than 112224
five per cent in each fiscal year shall be used for administrative 112225
costs of the Rapid Outreach Program.112226

       The department shall award funds directly to business 112227
entities considering Ohio for their expansion or new site location 112228
opportunities. Rapid Outreach grants shall be used by recipients 112229
to purchase equipment, make infrastructure improvements, make real 112230
property improvements, or fund other fixed assets. To meet the 112231
particular needs of economic development in a region, the 112232
department may elect to award funds directly to a political 112233
subdivision to assist with making on- or off-site infrastructure 112234
improvements to water and sewage treatment facilities, electric or 112235
gas service connections, fiber optic access, rail facilities, site 112236
preparation, and parking facilities. The Director of Development 112237
may recommend that the funds be used for alternative purposes when 112238
considered appropriate to satisfy an economic development 112239
opportunity or need deemed extraordinary in nature by the Director 112240
including, but not limited to, construction, rehabilitation, and 112241
acquisition projects for rail freight assistance as requested by 112242
the Department of Transportation. The Director of Transportation 112243
shall submit the proposed projects to the Director of Development 112244
for an evaluation of potential economic benefit.112245

       Moneys awarded directly to business entities from the 112246
foregoing appropriation item 195412, Rapid Outreach Grants, may be 112247
expended only after the submission of a request to the Controlling 112248
Board by the Department of Development outlining the planned use 112249
of the funds, and the subsequent approval of the request by the 112250
Controlling Board.112251

       Section 261.10.40. STRATEGIC BUSINESS INVESTMENT DIVISION AND 112252
REGIONAL OFFICES112253

       The foregoing appropriation item 195415, Strategic Business 112254
Investment Division and Regional Offices, shall be used for the 112255
operating expenses of the Strategic Business Investment Division 112256
and the regional economic development offices and for grants for 112257
cooperative economic development ventures.112258

       Section 261.10.50. GOVERNOR'S OFFICE OF APPALACHIA112259

       The foregoing appropriation item 195416, Governor's Office of 112260
Appalachia, may be used for the administrative costs of planning 112261
and liaison activities for the Governor's Office of Appalachia, to 112262
provide financial assistance to projects in Ohio's Appalachian 112263
counties, and to match federal funds from the Appalachian Regional 112264
Commission.112265

       It is the intent of the General Assembly to appropriate for 112266
fiscal year 2013 the same amounts appropriated for fiscal year 112267
2012 in the foregoing appropriation items 195416, Governor's 112268
Office of Appalachia; 195501, Appalachian Local Development 112269
Districts; and 195502, Appalachian Regional Commission Dues.112270

       Section 261.10.60.  TECHNOLOGY ACTION 112271

       The foregoing appropriation item 195422, Technology Action, 112272
shall be used for operating expenses the Department of Development 112273
incurs for administering sections 184.10 to 184.20 of the Revised 112274
Code. If the appropriation is insufficient to cover the operating 112275
expenses, the Department may request Controlling Board approval to 112276
appropriate the additional amount needed in appropriation item 112277
195686, Third Frontier Operating. The Department shall not request 112278
an amount in excess of the amount needed.112279

       Section 261.10.70. CLEAN OHIO IMPLEMENTATION112280

        The foregoing appropriation item 195426, Clean Ohio 112281
Implementation, shall be used to fund the costs of administering 112282
the Clean Ohio Revitalization program and other urban 112283
revitalization programs that may be implemented by the Department 112284
of Development.112285

       Section 261.10.80. GLOBAL MARKETS112286

       The foregoing appropriation item 195432, Global Markets, 112287
shall be used to administer Ohio's foreign trade and investment 112288
programs, including operation and maintenance of Ohio's 112289
out-of-state trade and investment offices. This appropriation item 112290
also shall be used to fund the Global Markets Division and to 112291
assist Ohio manufacturers, agricultural producers, and service 112292
providers in exporting to foreign countries and to assist in the 112293
attraction of foreign direct investment. 112294

       Of the foregoing appropriation item 195432, Global Markets, 112295
$100,000 in fiscal year 2012 shall be used to support the Negev 112296
Foundation as part of the Ohio-Israel Initiative.112297

       Section 261.10.90. OHIO WORKFORCE GUARANTEE PROGRAM112298

       The foregoing appropriation item 195434, Industrial Training 112299
Grants, may be used for the Ohio Workforce Guarantee Program to 112300
promote training through grants to businesses and, in the case of 112301
a business consortium, training and education providers for the 112302
reimbursement of eligible training expenses.112303

       Section 261.20.10. ECONOMIC DEVELOPMENT PROJECTS112304

       The foregoing appropriation item 195528, Economic Development 112305
Projects, may be used for the purposes of Chapter 122. of the 112306
Revised Code. This appropriation item is made in anticipation of 112307
the evaluation of all powers, functions, and duties of the 112308
Department of Development by the Director of Development, as 112309
prescribed in Section 187.05 of the Revised Code. It is the intent 112310
of the General Assembly that the appropriations in the 112311
appropriation item be reallocated upon completion of the 112312
evaluation.112313

       Of the foregoing appropriation item 195528, Economic 112314
Development Projects, $100,000 in fiscal year 2013 shall be used 112315
to support the Negev Foundation as part of the Ohio-Israel 112316
Initiative.112317

       Section 261.20.20. OHIO FILM OFFICE112318

       The Ohio Film Office shall promote media productions in the 112319
state and help the industry optimize its production experience in 112320
the state by enhancing local economies through increased 112321
employment and tax revenues and ensuring an accurate portrayal of 112322
Ohio. The Office shall serve as an informational clearinghouse and 112323
provide technical assistance to the media production industry and 112324
business entities engaged in media production in the state. The 112325
Office shall promote Ohio as the ideal site for media production 112326
and help those in the industry benefit from their experience in 112327
the state.112328

        The primary objective of the Office shall be to encourage 112329
development of a strong capital base for electronic media 112330
production in order to achieve an independent, self-supporting 112331
industry in Ohio. Other objectives shall include:112332

        (A) Attracting private investment for the electronic media 112333
production industry;112334

        (B) Developing a tax infrastructure that encourages private 112335
investment; and112336

       (C) Encouraging increased employment opportunities within 112337
this sector and increased competition with other states.112338

       Section 261.20.30. COAL RESEARCH AND DEVELOPMENT GENERAL 112339
OBLIGATION DEBT SERVICE112340

       The foregoing appropriation line item 195901, Coal Research 112341
and Development General Obligation Debt Service, shall be used to 112342
pay all debt service and related financing costs during the period 112343
July 1, 2011, through June 30, 2013 for obligations issued under 112344
sections 151.01 and 151.07 of the Revised Code.112345

       THIRD FRONTIER RESEARCH & DEVELOPMENT GENERAL OBLIGATION DEBT 112346
SERVICE112347

       The foregoing appropriation item 195905, Third Frontier 112348
Research & Development General Obligation Debt Service, shall be 112349
used to pay all debt service and related financing costs during 112350
the period from July 1, 2011, through June 30, 2013, on 112351
obligations issued for research and development purposes under 112352
sections 151.01 and 151.10 of the Revised Code.112353

       JOB READY SITE DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE112354

       The foregoing appropriation item 195912, Job Ready Site 112355
Development General Obligation Debt Service, shall be used to pay 112356
all debt service and related financing costs during the period 112357
from July 1, 2011, through June 30, 2013, on obligations issued 112358
for job ready site development purposes under sections 151.01 and 112359
151.11 of the Revised Code.112360

       Section 261.20.40. SUPPORTIVE SERVICES112361

       The Director of Development may assess divisions of the 112362
department for the cost of central service operations. An 112363
assessment shall contain the characteristics of administrative 112364
ease and uniform application. A division's payments shall be 112365
credited to the Supportive Services Fund (Fund 1350) using an 112366
intrastate transfer voucher.112367

       ECONOMIC DEVELOPMENT CONTINGENCY112368

       The foregoing appropriation item 195677, Economic Development 112369
Contingency, may be used to award funds directly to either (1) 112370
business entities considering Ohio for expansion or new site 112371
location opportunities or (2) political subdivisions to assist 112372
with necessary costs involved in attracting a business entity. In 112373
addition, the Director of Development may award funds for 112374
alternative purposes when appropriate to satisfy an economic 112375
development opportunity or need deemed extraordinary in nature by 112376
the Director.112377

       DIRECT COST RECOVERY EXPENDITURES112378

       The foregoing appropriation item 195636, Direct Cost Recovery 112379
Expenditures, shall be used for reimbursable costs. Revenues to 112380
the General Reimbursement Fund (Fund 6850) shall consist of moneys 112381
charged for administrative costs that are not central service 112382
costs.112383

       Section 261.20.50. HEAP WEATHERIZATION112384

       Up to fifteen per cent of the federal funds deposited to the 112385
credit of the Home Energy Assistance Block Grant Fund (Fund 3K90) 112386
may be expended from appropriation item 195614, HEAP 112387
Weatherization, to provide home weatherization services in the 112388
state as determined by the Director of Development. Any transfers 112389
or increases in appropriation for the foregoing appropriation 112390
items 195614, HEAP Weatherization, or 195611, Home Energy 112391
Assistance Block Grant, shall be subject to approval by the 112392
Controlling Board.112393

       Section 261.20.60.  STATE SPECIAL PROJECTS112394

       The State Special Projects Fund (Fund 4F20), may be used for 112395
the deposit of private-sector funds from utility companies and for 112396
the deposit of other miscellaneous state funds. State moneys so 112397
deposited shall be used to match federal housing grants for the 112398
homeless and to market economic development opportunities in the 112399
state. Private-sector moneys shall be deposited for use in 112400
appropriation item 195699, Utility Provided Funds, and shall be 112401
used to (1) pay the expenses of verifying the income-eligibility 112402
of HEAP applicants, (2) leverage additional federal funds, (3) 112403
fund special projects to assist homeless individuals, (4) fund 112404
special projects to assist with the energy efficiency of 112405
households eligible to participate in the Percentage of Income 112406
Payment Plan, and (5) assist with training programs for agencies 112407
that administer low-income customer assistance programs.112408

       Section 261.20.70. TAX INCENTIVE PROGRAMS OPERATING112409

        The foregoing appropriation item 195630, Tax Incentive 112410
Programs, shall be used for the operating costs of the Office of 112411
Grants and Tax Incentives.112412

       Section 261.20.80. MINORITY BUSINESS ENTERPRISE LOAN112413

       All repayments from the Minority Development Financing 112414
Advisory Board Loan Program and the Ohio Mini-Loan Guarantee 112415
Program shall be deposited in the State Treasury to the credit of 112416
the Minority Business Enterprise Loan Fund (Fund 4W10). Operating 112417
costs of administering the Minority Business Enterprise Loan Fund 112418
may be paid from the Minority Business Enterprise Loan Fund (Fund 112419
4W10).112420

       MINORITY BUSINESS BONDING FUND112421

       Notwithstanding Chapters 122., 169., and 175. of the Revised 112422
Code, the Director of Development may, upon the recommendation of 112423
the Minority Development Financing Advisory Board, pledge up to 112424
$10,000,000 in the fiscal year 2012-fiscal year 2013 biennium of 112425
unclaimed funds administered by the Director of Commerce and 112426
allocated to the Minority Business Bonding Program under section 112427
169.05 of the Revised Code. The transfer of any cash by the 112428
Director of Budget and Management from the Department of 112429
Commerce's Unclaimed Funds Fund (Fund 5430) to the Department of 112430
Development's Minority Business Bonding Fund (Fund 4490) shall 112431
occur, if requested by the Director of Development, only if such 112432
funds are needed for payment of losses arising from the Minority 112433
Business Bonding Program, and only after proceeds of the initial 112434
transfer of $2,700,000 by the Controlling Board to the Minority 112435
Business Bonding Program has been used for that purpose. Moneys 112436
transferred by the Director of Budget and Management from the 112437
Department of Commerce for this purpose may be moneys in custodial 112438
funds held by the Treasurer of State. If expenditures are required 112439
for payment of losses arising from the Minority Business Bonding 112440
Program, such expenditures shall be made from appropriation item 112441
195623, Minority Business Bonding Contingency in the Minority 112442
Business Bonding Fund, and such amounts are hereby appropriated.112443

       Section 261.20.90. OHIO INCUMBENT WORKFORCE TRAINING VOUCHERS112444

       (A) On July 1, 2011, or as soon as possible thereafter, the 112445
Director of Budget and Management shall transfer up to $20,000,000 112446
from the Economic Development Programs Fund (Fund 5JC0) used by 112447
the Board of Regents to the Ohio Incumbent Workforce Job Training 112448
Fund (Fund 5HR0) used by the Department of Development.112449

        On July 1, 2012, or as soon as possible thereafter, the 112450
Director of Budget and Management shall transfer up to $30,000,000 112451
from the Economic Development Programs Fund (Fund 5JC0) used by 112452
the Board of Regents to the Ohio Incumbent Workforce Job Training 112453
Fund (Fund 5HR0) used by the Department of Development.112454

        (B) Of the foregoing appropriation item 195526, Ohio 112455
Workforce Job Training, up to $20,000,000 in fiscal year 2012 and 112456
up to $30,000,000 in fiscal year 2013 shall be used to support the 112457
Ohio Incumbent Workforce Training Voucher Program. The Director of 112458
Development and the Chief Investment Officer of JobsOhio may enter 112459
into an agreement to operate the program pursuant to the contract 112460
between the Department of Development and JobsOhio under section 112461
187.04 of the Revised Code. The agreement may include a provision 112462
for granting, loaning, or transferring funds from appropriation 112463
item 195526, Ohio Incumbent Workforce Job Training, to JobsOhio to 112464
provide training for incumbent workers.112465

        (C) Any agreement between the Director and the Chief 112466
Investment Officer under division (B) of this section shall 112467
include guidelines for the operation of the program, including, 112468
but not limited to, the following:112469

        (1) A requirement that a training voucher under the program 112470
shall not exceed $6,000 per worker per year;112471

       (2) A provision for an employer of an eligible employee to 112472
apply for a voucher on behalf of the eligible employee;112473

        (3) A provision for an eligible employee to apply directly 112474
for a training voucher with the pre-approval of the employee's 112475
employer; and112476

        (4) A requirement that an employee participating in the 112477
program, or the employee's employer, shall pay for not less than 112478
thirty-three per cent of the training costs under the program.112479

       Section 261.30.10.  ADVANCED ENERGY FUND112480

       The foregoing appropriation item 195660, Advanced Energy 112481
Programs, shall be used to provide financial assistance to 112482
customers for eligible advanced energy projects for residential, 112483
commercial, and industrial business, local government, educational 112484
institution, nonprofit, and agriculture customers, and to pay for 112485
the program's administrative costs as provided in sections 4928.61 112486
to 4928.63 of the Revised Code and rules adopted by the Director 112487
of Development.112488

       VOLUME CAP ADMINISTRATION112489

       The foregoing appropriation item 195654, Volume Cap 112490
Administration, shall be used for expenses related to the 112491
administration of the Volume Cap Program. Revenues received by the 112492
Volume Cap Administration Fund (Fund 6170) shall consist of 112493
application fees, forfeited deposits, and interest earned from the 112494
custodial account held by the Treasurer of State.112495

       Section 261.30.20. INNOVATION OHIO LOAN FUND112496

        The foregoing appropriation item 195664, Innovation Ohio, 112497
shall be used to provide for innovation Ohio purposes, including 112498
loan guarantees and loans under Chapter 166. and particularly 112499
sections 166.12 to 166.16 of the Revised Code.112500

       RESEARCH AND DEVELOPMENT112501

       The foregoing appropriation item 195665, Research and 112502
Development, shall be used to provide for research and development 112503
purposes, including loans, under Chapter 166. and particularly 112504
sections 166.17 to 166.21 of the Revised Code.112505

       LOGISTICS AND DISTRIBUTION INFRASTRUCTURE112506

       Appropriation item 195698, Logistics and Distribution 112507
Infrastructure, shall be used for eligible logistics and 112508
distribution infrastructure projects as defined in section 166.01 112509
of the Revised Code. Any unexpended and unencumbered portion of 112510
the appropriation item at the end of fiscal year 2011 is hereby 112511
reappropriated for the same purpose in fiscal year 2012, and any 112512
unexpended and unencumbered portion of the appropriation item at 112513
the end of fiscal year 2012 is hereby reappropriated for the same 112514
purpose in fiscal year 2013.112515

        After all encumbrances have been paid, the Director of Budget 112516
and Management shall transfer the remaining cash balance in the 112517
Logistics and Distribution Infrastructure Fund (Fund 7008) to the 112518
Facilities Establishment Fund (Fund 7037).112519

       FACILITIES ESTABLISHMENT FUND112520

       The foregoing appropriation item 195615, Facilities 112521
Establishment (Fund 7037), shall be used for the purposes of the 112522
Facilities Establishment Fund under Chapter 166. of the Revised 112523
Code.112524

       Notwithstanding Chapter 166. of the Revised Code, an amount 112525
not to exceed $1,000,000 in cash in fiscal year 2012 may be 112526
transferred from the Facilities Establishment Fund (Fund 7037) to 112527
the Economic Development Financing Operating Fund (Fund 4510). The 112528
transfer is subject to Controlling Board approval under division 112529
(B) of section 166.03 of the Revised Code.112530

        Notwithstanding Chapter 166. of the Revised Code, the 112531
Director of Budget and Management may transfer an amount not to 112532
exceed $2,500,000 in cash in each fiscal year from the Facilities 112533
Establishment Fund (Fund 7037) to the Minority Business Enterprise 112534
Loan Fund (Fund 4W10).112535

       On July 1, 2011, or as soon as possible thereafter, the 112536
Director of Budget and Management shall transfer the unexpended 112537
and unencumbered cash balance in the Urban Development Loans Fund 112538
(Fund 5D20) to the Facilities Establishment Fund (Fund 7037).112539

       On July 1, 2011, or as soon as possible thereafter, the 112540
Director of Budget and Management shall transfer the unexpended 112541
and unencumbered cash balance in the Rural Industrial Park Loan 112542
Fund (Fund 4Z60) to the Facilities Establishment Fund (Fund 7037).112543

       CAPITAL ACCESS LOAN PROGRAM112544

       The foregoing appropriation item 195628, Capital Access Loan 112545
Program, shall be used for operating, program, and administrative 112546
expenses of the program. Funds of the Capital Access Loan Program 112547
shall be used to assist participating financial institutions in 112548
making program loans to eligible businesses that face barriers in 112549
accessing working capital and obtaining fixed-asset financing.112550

       Section 261.30.30. CLEAN OHIO OPERATING EXPENSES112551

       The foregoing appropriation item 195663, Clean Ohio 112552
Operating, shall be used by the Department of Development in 112553
administering Clean Ohio Revitalization Fund (Fund 7003) projects 112554
pursuant to sections 122.65 to 122.658 of the Revised Code.112555

       Section 261.30.40.  THIRD FRONTIER OPERATING112556

       The foregoing appropriation items 195686, Third Frontier 112557
Operating, and 195620, Third Frontier Operating - Tax, shall be 112558
used for operating expenses incurred by the Department of 112559
Development in administering projects pursuant to sections 184.10 112560
to 184.20 of the Revised Code. Operating expenses paid from item 112561
195686 shall be limited to the administration of projects funded 112562
from the Third Frontier Research & Development Fund (Fund 7011) 112563
and operating expenses paid from item 195620 shall be limited to 112564
the administration of projects funded from the Third Frontier 112565
Research & Development Taxable Bond Project Fund (Fund 7014).112566

       Section 261.30.50. THIRD FRONTIER RESEARCH AND DEVELOPMENT 112567
PROJECTS AND RESEARCH AND DEVELOPMENT TAXABLE BOND PROJECTS112568

       The foregoing appropriation items 195687, Third Frontier 112569
Research & Development Projects, 195692, Research & Development 112570
Taxable Bond Projects, and 195620, Third Frontier Operating - Tax, 112571
shall be used by the Department of Development to fund selected 112572
projects. Eligible costs are those costs of research and 112573
development projects to which the proceeds of the Third Frontier 112574
Research & Development Fund (Fund 7011) and the Research & 112575
Development Taxable Bond Project Fund (Fund 7014) are to be 112576
applied.112577

       TRANSFERS OF THIRD FRONTIER APPROPRIATIONS 112578

       The Director of Budget and Management may approve written 112579
requests from the Director of Development for the transfer of 112580
appropriations between appropriation items 195687, Third Frontier 112581
Research & Development Projects, and 195692, Research & 112582
Development Taxable Bond Projects, based upon awards recommended 112583
by the Third Frontier Commission. The transfers are subject to 112584
approval by the Controlling Board.112585

       On or before June 30, 2012, any unexpended and unencumbered 112586
portions of the foregoing appropriation items 195687, Third 112587
Frontier Research & Development Projects, and 195692, Research & 112588
Development Taxable Bond Projects, for fiscal year 2012 are hereby 112589
reappropriated to the Department of Development for the same 112590
purposes for fiscal year 2013.112591

       AUTHORITY TO ISSUE AND SELL ORIGINAL OBLIGATIONS112592

       The Ohio Public Facilities Commission, upon request of the 112593
Department of Development, is hereby authorized to issue and sell, 112594
in accordance with Section 2p of Article VIII, Ohio Constitution, 112595
and particularly sections 151.01 and 151.10 of the Revised Code, 112596
original obligations of the State of Ohio in an aggregate amount 112597
not to exceed $400,000,000 in addition to the original issuance of 112598
obligations authorized by prior acts of the General Assembly. The 112599
authorized obligations shall be issued and sold from time to time 112600
and in amounts necessary to ensure sufficient moneys to the credit 112601
of the Third Frontier Research and Development Fund (Fund 7011) to 112602
pay costs of research and development projects.112603

       Section 261.30.60. JOB READY SITE OPERATING112604

       The foregoing appropriation item 195688, Job Ready Site 112605
Operating, shall be used for operating expenses incurred by the 112606
Department of Development in administering Job Ready Site 112607
Development Fund (Fund 7012) projects pursuant to sections 122.085 112608
to 122.0820 of the Revised Code. Operating expenses include, but 112609
are not limited to, certain qualified expenses of the District 112610
Public Works Integrating Committees, as applicable, engineering 112611
review of submitted applications by the State Architect or a third 112612
party engineering firm, audit and accountability activities, and 112613
costs associated with formal certifications verifying that site 112614
infrastructure is in place and is functional.112615

       Section 261.30.70. OHIO COAL DEVELOPMENT OFFICE112616

       On July 1, 2011, or as soon as possible thereafter, the 112617
Director of Budget and Management shall transfer any unexpended 112618
and unencumbered portion of appropriation item 898604, Coal 112619
Research and Development Fund, used by the Ohio Air Quality 112620
Development Authority, to a new capital appropriation item in the 112621
Department of Development, to be determined by the Director. The 112622
Director also shall cancel all outstanding encumbrances against 112623
appropriation item 898604, Coal Research and Development Fund, and 112624
reestablish them against the foregoing new capital appropriation 112625
item. The amounts of the transfer and the reestablished 112626
encumbrances, plus $2,283,264, are hereby appropriated for fiscal 112627
year 2012 in the foregoing new appropriation item and shall be 112628
used to provide funding for coal research and development 112629
purposes.112630

       Section 261.30.80. THIRD FRONTIER BIOMEDICAL RESEARCH AND 112631
COMMERCIALIZATION SUPPORT112632

       The General Assembly and the Governor recognize the role that 112633
the biomedical industry has in job creation, innovation, and 112634
economic development throughout Ohio. It is the intent of the 112635
General Assembly, the Governor, the Director of Development, and 112636
the Director of Budget and Management to work together in 112637
continuing to provide comprehensive state support for the 112638
biomedical industry.112639

       Section 261.30.90. UNCLAIMED FUNDS TRANSFER112640

       (A) Notwithstanding division (A) of section 169.05 of the 112641
Revised Code, upon the request of the Director of Budget and 112642
Management, the Director of Commerce, before June 30, 2012, shall 112643
transfer to the Job Development Initiatives Fund (Fund 5AD0) an 112644
amount not to exceed $25,000,000 in cash of the unclaimed funds 112645
that have been reported by the holders of unclaimed funds under 112646
section 169.05 of the Revised Code, regardless of the allocation 112647
of the unclaimed funds described under that section.112648

       Notwithstanding division (A) of section 169.05 of the Revised 112649
Code, upon the request of the Director of Budget and Management, 112650
the Director of Commerce, before June 30, 2013, shall transfer to 112651
the Job Development Initiatives Fund (Fund 5AD0) an amount not to 112652
exceed $15,000,000 in cash of the unclaimed funds that have been 112653
reported by the holders of unclaimed funds under section 169.05 of 112654
the Revised Code, regardless of the allocation of the unclaimed 112655
funds described under that section.112656

       (B) Notwithstanding division (A) of section 169.05 of the 112657
Revised Code, upon the request of the Director of Budget and 112658
Management, the Director of Commerce, before June 30, 2012, shall 112659
transfer to the State Special Projects Fund (Fund 4F20) an amount 112660
not to exceed $5,000,000 in cash of the unclaimed funds that have 112661
been reported by the holders of unclaimed funds under section 112662
169.05 of the Revised Code, regardless of the allocation of the 112663
unclaimed funds described under that section.112664

       Section 261.40.10. WORKFORCE DEVELOPMENT112665

       The Director of Development and the Director of Job and 112666
Family Services may enter into one or more interagency agreements 112667
between the two departments and take other actions the directors 112668
consider appropriate to further integrate workforce development 112669
into a larger economic development strategy, to implement the 112670
recommendations of the Workforce Policy Board, and to complete 112671
activities related to the transition of the administration of 112672
employment programs identified by the board. Subject to the 112673
approval of the Director of Budget and Management, the Department 112674
of Development and the Department of Job and Family Services may 112675
expend moneys to support the recommendations of the Workforce 112676
Policy Board in the area of integration of employment functions as 112677
described in this paragraph and to complete implementation and 112678
transition activities from the appropriations to those 112679
departments.112680

       Section 263.10. DDD DEPARTMENT OF DEVELOPMENTAL DISABILITIES112681

General Revenue Fund112682

GRF 320321 Central Administration $ 4,422,794 $ 4,422,794 112683
GRF 320412 Protective Services $ 2,174,826 $ 1,957,343 112684
GRF 320415 Lease-Rental Payments $ 18,394,250 $ 19,907,900 112685
GRF 322407 Medicaid State Match $ 218,034,162 $ 214,902,506 112686
GRF 322451 Family Support Services $ 5,932,758 $ 5,932,758 112687
GRF 322501 County Boards Subsidies $ 40,906,365 $ 44,449,280 112688
GRF 322503 Tax Equity $ 14,000,000 $ 14,000,000 112689
TOTAL GRF General Revenue Fund $ 303,865,155 $ 305,572,581 112690

General Services Fund Group112691

1520 323609 Developmental Center and Residential Operating Services $ 3,414,317 $ 3,414,317 112692
TOTAL GSF General Services Fund Group $ 3,414,317 $ 3,414,317 112693

Federal Special Revenue Fund Group112694

3A50 320613 DD Council $ 3,341,572 $ 3,341,572 112695
3250 322612 Community Social Service Programs $ 11,017,754 $ 10,604,896 112696
3DZ0 322648 Enhanced Medicaid - Federal $ 10,000,000 $ 0 112697
3G60 322639 Medicaid Waiver - Federal $ 866,566,007 $ 985,566,007 112698
3M70 322650 CAFS Medicaid $ 29,349,502 $ 29,349,502 112699
3A40 323605 Developmental Center and Residential Facility Services and Support $ 180,266,029 $ 179,384,881 112700
TOTAL FED Federal Special Revenue Fund Group $ 1,100,540,864 $ 1,208,246,858 112701

State Special Revenue Fund Group112702

5GE0 320606 Operating and Services $ 7,406,609 $ 7,407,297 112703
2210 322620 Supplement Service Trust $ 150,000 $ 150,000 112704
4K80 322604 Medicaid Waiver - State Match $ 12,000,000 $ 12,000,000 112705
5CT0 322632 Intensive Behavioral Needs $ 1,000,000 $ 1,000,000 112706
5DJ0 322625 Targeted Case Management Match $ 21,000,000 $ 24,000,000 112707
5DJ0 322626 Targeted Case Management Services $ 57,307,357 $ 66,000,000 112708
5DK0 322629 Capital Replacement Facilities $ 750,000 $ 750,000 112709
5EV0 322627 Program Fees $ 685,000 $ 685,000 112710
5H00 322619 Medicaid Repayment $ 160,000 $ 160,000 112711
5JX0 322651 Interagency Workgroup - Autism $ 45,000 45,000 112712
5Z10 322624 County Board Waiver Match $ 235,000,000 $ 290,000,000 112713
4890 323632 Developmental Center Direct Care Support $ 16,497,170 $ 16,497,169 112714
5S20 590622 Medicaid Administration & Oversight $ 20,875,567 $ 21,727,540 112715
TOTAL SSR State Special Revenue Fund Group $ 372,876,703 $ 440,422,006 112716
TOTAL ALL BUDGET FUND GROUPS $ 1,780,697,039 $ 1,957,655,762 112717


       Section 263.10.10. LEASE-RENTAL PAYMENTS112719

       The foregoing appropriation item 320415, Lease-Rental 112720
Payments, shall be used to meet all payments at the times they are 112721
required to be made during the period from July 1, 2011, through 112722
June 30, 2013, by the Department of Developmental Disabilities 112723
under leases and agreements made under section 154.20 of the 112724
Revised Code. These appropriations are the source of funds pledged 112725
for bond service charges or obligations issued pursuant to Chapter 112726
154. of the Revised Code.112727

       Section 263.10.20. MEDICAID - STATE MATCH (GRF)112728

       Except as otherwise provided in section 5123.0416 of the 112729
Revised Code, the purposes for which the foregoing appropriation 112730
item 322407, Medicaid State Match, shall be used include the 112731
following:112732

       (A) Home and community-based waiver services under Title XIX 112733
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, 112734
as amended.112735

       (B) To pay the nonfederal share of the cost of one or more 112736
new intermediate care facilities for the mentally retarded 112737
certified beds, if the Director of Developmental Disabilities is 112738
required by this act to transfer cash from funds used by the 112739
Department to any fund used by the Department of Job and Family 112740
Services to pay such nonfederal share.112741

       (C) To implement the requirements of the agreement settling 112742
the consent decree in Sermak v. Manuel, Case No. C-2-80-220, 112743
United States District Court for the Southern District of Ohio, 112744
Eastern Division.112745

       (D) To implement the requirements of the agreement settling 112746
the consent decree in the Martin v. Strickland, Case No. 112747
89-CV-00362, United States District Court for the Southern 112748
District of Ohio, Eastern Division.112749

       (E) Developmental center and residential facilities services.112750

       (F) Other programs as identified by the Director of 112751
Developmental Disabilities. 112752

       Section 263.10.30. FAMILY SUPPORT SERVICES SUBSIDY112753

       (A) The foregoing appropriation item 322451, Family Support 112754
Services, may be used as follows in fiscal year 2012 and fiscal 112755
year 2013:112756

       (1) The appropriation item may be used to provide a subsidy 112757
to county boards of developmental disabilities for family support 112758
services provided under section 5126.11 of the Revised Code. The 112759
subsidy shall be paid in quarterly installments and allocated to 112760
county boards according to a formula the Director of Developmental 112761
Disabilities shall develop in consultation with representatives of 112762
county boards. A county board shall use not more than seven per 112763
cent of its subsidy for administrative costs.112764

       (2) The appropriation item may be used to distribute funds to 112765
county boards for the purpose of addressing economic hardships and 112766
to promote efficiency of operations. In consultation with 112767
representatives of county boards, the Director shall determine the 112768
amount of funds to distribute for these purposes and the criteria 112769
for distributing the funds.112770

       (B) Each county board shall submit reports to the Department 112771
of Developmental Disabilities on the use of funds received under 112772
this section. The reports shall be submitted at the times and in 112773
the manner specified in rules the Director shall adopt in 112774
accordance with Chapter 119. of the Revised Code.112775

       Section 263.10.40. STATE SUBSIDY TO COUNTY DD BOARDS112776

       (A) Except as otherwise provided in the section of this act 112777
titled "Nonfederal Share of New ICF/MR Beds," the foregoing 112778
appropriation item 322501, County Boards Subsidies, shall be used 112779
for the following purposes:112780

       (1) To provide a subsidy to county boards of developmental 112781
disabilities in quarterly installments and allocated according to 112782
a formula developed by the Director of Developmental Disabilities 112783
in consultation with representatives of county boards. Except as 112784
otherwise provided in section 5126.0511 of the Revised Code, or in 112785
division (B) of this section, county boards shall use the subsidy 112786
for early childhood services and adult services provided under 112787
section 5126.05 of the Revised Code, service and support 112788
administration provided under section 5126.15 of the Revised Code, 112789
or supported living as defined in section 5126.01 of the Revised 112790
Code.112791

       (2) To provide funding, as determined necessary by the 112792
Director of Developmental Disabilities, for residential services, 112793
including room and board, and support service programs that enable 112794
individuals with developmental disabilities to live in the 112795
community.112796

       (3) To distribute funds to county boards of developmental 112797
disabilities to address economic hardships and promote efficiency 112798
of operations. The Director shall determine, in consultation with 112799
representatives of county boards, the amount of funds to 112800
distribute for these purposes and the criteria for distributing 112801
the funds.112802

       (B) In collaboration with the county's family and children 112803
first council, a county board of developmental disabilities may 112804
transfer portions of funds received under this section, to a 112805
flexible funding pool in accordance with the section titled FAMILY 112806
AND CHILDREN FIRST FLEXIBLE FUNDING POOL. 112807

       Section 263.10.50. COUNTY BOARD SHARE OF WAIVER SERVICES112808

        As used in this section, "home and community-based services" 112809
has the same meaning as in section 5123.01 of the Revised Code.112810

        The Director of Developmental Disabilities shall establish a 112811
methodology to be used in fiscal year 2012 and fiscal year 2013 to 112812
estimate the quarterly amount each county board of developmental 112813
disabilities is to pay of the nonfederal share of home and 112814
community-based services that section 5126.0510 of the Revised 112815
Code requires county boards to pay. Each quarter, the Director 112816
shall submit to a county board written notice of the amount the 112817
county board is to pay for that quarter. The notice shall specify 112818
when the payment is due.112819

       Section 263.10.60. TAX EQUITY112820

       Notwithstanding section 5126.18 of the Revised Code, the 112821
foregoing appropriation item 322503, Tax Equity, may be used to 112822
distribute funds to county boards of developmental disabilities to 112823
address economic hardships and promote efficiency of operations. 112824
The Director shall determine, in consultation with representatives 112825
of county boards, the amount of funds to distribute for these 112826
purposes and the criteria for distributing the funds.112827

       Section 263.10.70. MEDICAID WAIVER - STATE MATCH112828

       The foregoing appropriation item 322604, Medicaid Waiver - 112829
State Match (Fund 4K80), shall be used as state matching funds for 112830
home and community-based waivers.112831

       Section 263.10.80. ICF/MR CONVERSION112832

        (A) As used in this section, "home and community-based 112833
services" has the same meaning as in section 5123.01 of the 112834
Revised Code.112835

        (B) For each quarter of the biennium, the Director of 112836
Developmental Disabilities shall certify to the Director of Budget 112837
and Management the estimated amount needed to fund the provision 112838
of home and community-based services made available by the slots 112839
sought under section 5111.877 of the Revised Code. On receipt of 112840
certification, the Director of Budget and Management shall 112841
transfer the estimated amount in cash from the General Revenue 112842
Fund to the Home and Community-Based Services Fund (Fund 4K80), 112843
used by the Department of Developmental Disabilities. Upon 112844
completion of the transfer, appropriation item 600525, Health 112845
Care/Medicaid, is hereby reduced by the amount transferred under 112846
this section plus the corresponding federal share. The amount 112847
transferred to Fund 4K80 is hereby appropriated to appropriation 112848
item 322604, Medicaid Waiver – State Match.112849

        (C) If receipts credited to the Medicaid Waiver Fund (Fund 112850
3G60) exceed the amounts appropriated from the fund, the Director 112851
of Developmental Disabilities may request the Director of Budget 112852
and Management to authorize expenditures from the fund in excess 112853
of the amounts appropriated. Upon the approval of the Director of 112854
Budget and Management, the additional amounts are hereby 112855
appropriated.112856

        (D) If receipts credited to the Interagency Reimbursement 112857
Fund (Fund 3G50) exceed the amounts appropriated from the fund, 112858
the Director of Job and Family Services may request the Director 112859
of Budget and Management to authorize expenditures from the fund 112860
in excess of the amounts appropriated. Upon approval of the 112861
Director of Budget and Management, the additional amounts are 112862
hereby appropriated.112863

       Section 263.10.90. TARGETED CASE MANAGEMENT SERVICES112864

       County boards of developmental disabilities shall pay the 112865
nonfederal portion of targeted case management costs to the 112866
Department of Developmental Disabilities.112867

       The Directors of Developmental Disabilities and Job and 112868
Family Services may enter into an interagency agreement under 112869
which the Department of Developmental Disabilities shall transfer 112870
cash from the Targeted Case Management Fund (Fund 5DJ0) to the 112871
Medicaid Program Support - State Fund (Fund 5C90) used by the 112872
Department of Job and Family Services in an amount equal to the 112873
nonfederal portion of the cost of targeted case management 112874
services paid by county boards, and the Department of Job and 112875
Family Services shall pay the total cost of targeted case 112876
management claims. The transfer shall be made using an intrastate 112877
transfer voucher.112878

       Section 263.20.10.  WITHHOLDING OF FUNDS OWED THE DEPARTMENT112879

       If a county board of developmental disabilities does not 112880
fully pay any amount owed to the Department of Developmental 112881
Disabilities by the due date established by the Department, the 112882
Director of Developmental Disabilities may withhold the amount the 112883
county board did not pay from any amounts due to the county board. 112884
The Director may use any appropriation item or fund used by the 112885
Department to transfer cash to any other fund used by the 112886
Department in an amount equal to the amount owed the Department 112887
that the county board did not pay. Transfers under this section 112888
shall be made using an intrastate transfer voucher. 112889

       Section 263.20.20. TRANSFER TO MEDICAID REPAYMENT FUND112890

       On July 1, 2011, or as soon as possible thereafter, the 112891
Director of Developmental Disabilities shall request that the 112892
Director of Budget and Management transfer the cash balance in the 112893
Purchase of Service Fund (Fund 4880) to the Medicaid Repayment 112894
Fund (Fund 5H00). Upon completion of the transfer, Fund 4880 is 112895
hereby abolished. The Director of Developmental Disabilities shall 112896
cancel any existing encumbrances against appropriation item 112897
322603, Provider Audit Refunds, and re-establish them against 112898
appropriation item 322619, Medicaid Repayment. The re-established 112899
encumbrances are hereby appropriated.112900

       Section 263.20.30. DEVELOPMENTAL CENTER BILLING FOR SERVICES112901

       Developmental centers of the Department of Developmental 112902
Disabilities may provide services to persons with mental 112903
retardation or developmental disabilities living in the community 112904
or to providers of services to these persons. The Department may 112905
develop a method for recovery of all costs associated with the 112906
provisions of these services.112907

       Section 263.20.40. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER 112908
PHARMACY PROGRAMS112909

       The Director of Developmental Disabilities shall quarterly 112910
transfer cash from the Medicaid - Medicare Fund (Fund 3A40) to the 112911
Medicaid Program Support - State Fund (Fund 5C90) used by the 112912
Department of Job and Family Services, in an amount equal to the 112913
nonfederal share of Medicaid prescription drug claim costs for all 112914
developmental centers paid by the Department of Job and Family 112915
Services. The quarterly transfer shall be made using an intrastate 112916
transfer voucher.112917

       Section 263.20.50. NONFEDERAL MATCH FOR ACTIVE TREATMENT 112918
SERVICES112919

        Any county funds received by the Department of Developmental 112920
Disabilities from county boards for active treatment shall be 112921
deposited in the Developmental Disabilities Operating Fund (Fund 112922
4890).112923

       Section 263.20.60. NONFEDERAL SHARE OF NEW ICF/MR BEDS112924

       (A) As used in this section, "intermediate care facility for 112925
the mentally retarded" has the same meaning as in section 5111.20 112926
of the Revised Code.112927

       (B) If the Department of Developmental Disabilities is 112928
required by section 5111.211 of the Revised Code to pay the 112929
nonfederal share of claims submitted for services that are covered 112930
by the Medicaid program and provided to an eligible Medicaid 112931
recipient by an intermediate care facility for the mentally 112932
retarded, the Director of Developmental Disabilities shall 112933
transfer cash to the Department of Job and Family Services to pay 112934
the nonfederal share of the claims. The transfer shall be made 112935
using an intrastate transfer voucher. Except as otherwise provided 112936
in section 5123.0416 of the Revised Code, the Director shall use 112937
only the following appropriation items for the transfer:112938

       (1) Appropriation item 322407, Medicaid State Match;112939

       (2) Appropriation item 322501, County Boards Subsidies.112940

       (C) If the intermediate care facility for the mentally 112941
retarded is located in a county served by a county board of 112942
developmental disabilities that initiates or supports the 112943
facility's certification as an intermediate care facility for the 112944
mentally retarded by the Director of Health, the cash that the 112945
Director transfers under division (B) of this section shall be 112946
moneys that the Director has allocated to the county board serving 112947
the county in which the facility is located unless the amount of 112948
the allocation is insufficient to pay the entire nonfederal share 112949
of the claims submitted by the facility. If the allocation is 112950
insufficient, the Director shall use as much of such moneys 112951
allocated to other counties as is needed to make up the 112952
difference.112953

       Section 263.20.70.  RATE INCREASE FOR WAIVER PROVIDERS 112954
SERVING FORMER RESIDENTS OF DEVELOPMENTAL CENTERS112955

       Subject to approval by the Centers for Medicare and Medicaid 112956
Services, the Department of Job and Family Services shall increase 112957
the rate paid to a provider under the Individual Options Waiver by 112958
fifty-two cents for each fifteen minutes of routine 112959
homemaker/personal care provided to an individual for up to a year 112960
if all of the following apply:112961

       (A) The individual was a resident of a developmental center 112962
immediately prior to enrollment in the waiver;112963

       (B) The provider begins serving the individual on or after 112964
July 1, 2011;112965

       (C) The Director of Developmental Disabilities determines 112966
that the increased rate is warranted by the individual's special 112967
circumstances, including the individual's diagnosis, service 112968
needs, or length of stay at the developmental center, and that 112969
serving the individual through the Individual Options Waiver is 112970
fiscally prudent for the Medicaid program. 112971

       Section 265.10. OBD OHIO BOARD OF DIETETICS112972

General Services Fund Group112973

4K90 860609 Operating Expenses $ 355,789 $ 330,592 112974
TOTAL GSF General Services Fund 112975
Group $ 355,789 $ 330,592 112976
TOTAL ALL BUDGET FUND GROUPS $ 355,789 $ 330,592 112977


       Section 267.10. EDU DEPARTMENT OF EDUCATION112979

General Revenue Fund112980

GRF 200100 Personal Services $ 8,579,178 $ 8,579,178 112981
GRF 200320 Maintenance and Equipment $ 2,830,407 $ 2,830,407 112982
GRF 200408 Early Childhood Education $ 23,268,341 $ 23,268,341 112983
GRF 200416 Career-Technical Education Match $ 2,233,195 $ 2,233,195 112984
GRF 200420 Computer/Application/ Network Development $ 4,241,296 $ 4,241,296 112985
GRF 200421 Alternative Education Programs $ 7,403,998 $ 7,403,998 112986
GRF 200422 School Management Assistance $ 2,842,812 $ 3,000,000 112987
GRF 200424 Policy Analysis $ 328,558 $ 328,558 112988
GRF 200425 Tech Prep Consortia Support $ 260,542 $ 260,542 112989
GRF 200426 Ohio Educational Computer Network $ 17,974,489 $ 17,974,489 112990
GRF 200427 Academic Standards $ 4,346,060 $ 3,700,000 112991
GRF 200437 Student Assessment $ 55,002,167 $ 55,002,167 112992
GRF 200439 Accountability/Report Cards $ 3,579,279 $ 3,579,279 112993
GRF 200442 Child Care Licensing $ 827,140 $ 827,140 112994
GRF 200446 Education Management Information System $ 6,833,070 $ 6,833,070 112995
GRF 200447 GED Testing $ 879,551 $ 879,551 112996
GRF 200448 Educator Preparation $ 786,737 $ 786,737 112997
GRF 200455 Community Schools and Choice Programs $ 2,200,000 $ 2,200,000 112998
GRF 200502 Pupil Transportation $ 438,248,936 $ 442,113,527 112999
GRF 200505 School Lunch Match $ 9,100,000 $ 9,100,000 113000
GRF 200511 Auxiliary Services $ 117,547,099 $ 119,250,305 113001
GRF 200532 Nonpublic Administrative Cost Reimbursement $ 52,550,684 $ 53,323,944 113002
GRF 200540 Special Education Enhancements $ 135,820,668 $ 135,820,668 113003
GRF 200545 Career-Technical Education Enhancements $ 8,802,699 $ 8,802,699 113004
GRF 200550 Foundation Funding $ 5,470,788,773 $ 5,560,484,181 113005
GRF 200901 Property Tax Allocation - Education $ 1,086,500,000 $ 1,095,000,000 113006
TOTAL GRF General Revenue Fund $ 7,463,775,679 $ 7,567,823,272 113007

General Services Fund Group113008

1380 200606 Computer Services-Operational Support $ 7,600,090 $ 7,600,090 113009
4520 200638 Miscellaneous Educational Services $ 300,000 $ 300,000 113010
4L20 200681 Teacher Certification and Licensure $ 8,147,756 $ 8,147,756 113011
5960 200656 Ohio Career Information System $ 529,761 $ 529,761 113012
5H30 200687 School District Solvency Assistance $ 25,000,000 $ 25,000,000 113013
TOTAL GSF General Services 113014
Fund Group $ 41,577,607 $ 41,577,607 113015

Federal Special Revenue Fund Group113016

3090 200601 Neglected and Delinquent Education $ 2,168,642 $ 2,168,642 113017
3670 200607 School Food Services $ 6,803,472 $ 6,959,906 113018
3690 200616 Career-Technical Education Federal Enhancement $ 5,000,000 $ 5,000,000 113019
3700 200624 Education of Exceptional Children $ 1,905,000 $ 0 113020
3780 200660 Learn and Serve $ 619,211 $ 619,211 113021
3AF0 200603 Schools Medicaid Administrative Claims $ 639,000 $ 639,000 113022
3AN0 200671 School Improvement Grants $ 20,400,000 $ 20,400,000 113023
3AX0 200698 Improving Health and Educational Outcomes of Young People $ 630,954 $ 630,954 113024
3BK0 200628 Longitudinal Data Systems $ 500,000 $ 250,000 113025
3C50 200661 Early Childhood Education $ 14,554,749 $ 14,554,749 113026
3CG0 200646 Teacher Incentive Fund $ 1,925,881 $ 0 113027
3D10 200664 Drug Free Schools $ 1,500,000 $ 0 113028
3D20 200667 Math Science Partnerships $ 9,500,001 $ 9,500,001 113029
3DG0 200630 Federal Stimulus - McKinney Vento Grants $ 330,512 $ 0 113030
3DJ0 200699 IDEA Part B - Federal Stimulus $ 21,886,803 $ 0 113031
3DK0 200642 Title 1A - Federal Stimulus $ 18,633,673 $ 0 113032
3DL0 200650 IDEA Preschool - Federal Stimulus $ 670,000 $ 0 113033
3DM0 200651 Title IID Technology - Federal Stimulus $ 1,195,100 $ 0 113034
3DP0 200652 Title I School Improvement - Federal Stimulus $ 48,500,000 $ 30,000,000 113035
3EC0 200653 Teacher Incentive - Federal Stimulus $ 7,500,000 $ 7,500,000 113036
3EH0 200620 Migrant Education $ 2,645,905 $ 2,645,905 113037
3EJ0 200622 Homeless Children Education $ 1,759,782 $ 1,759,782 113038
3EN0 200655 State Data Systems - Federal Stimulus $ 2,500,000 $ 2,500,000 113039
3ES0 200657 General Supervisory Enhancement Grant $ 500,000 $ 500,000 113040
3ET0 200658 Education Jobs Fund $ 300,000,000 $ 50,000,000 113041
3FD0 200665 Race to the Top $ 100,000,000 $ 100,000,000 113042
3FE0 200669 Striving Readers $ 180,000 $ 100,000 113043
3H90 200605 Head Start Collaboration Project $ 225,000 $ 225,000 113044
3L60 200617 Federal School Lunch $ 327,516,539 $ 337,323,792 113045
3L70 200618 Federal School Breakfast $ 87,596,850 $ 90,224,756 113046
3L80 200619 Child/Adult Food Programs $ 100,850,833 $ 103,876,359 113047
3L90 200621 Career-Technical Education Basic Grant $ 48,466,864 $ 48,466,864 113048
3M00 200623 ESEA Title 1A $ 530,010,000 $ 530,010,000 113049
3M20 200680 Individuals with Disabilities Education Act $ 443,170,050 $ 443,170,050 113050
3S20 200641 Education Technology $ 9,487,397 $ 9,487,397 113051
3T40 200613 Public Charter Schools $ 14,291,353 $ 14,291,353 113052
3Y20 200688 21st Century Community Learning Centers $ 43,720,462 $ 45,906,485 113053
3Y60 200635 Improving Teacher Quality $ 101,900,000 $ 101,900,000 113054
3Y70 200689 English Language Acquisition $ 8,373,995 $ 8,373,995 113055
3Y80 200639 Rural and Low Income Technical Assistance $ 1,500,000 $ 1,500,000 113056
3Z20 200690 State Assessments $ 11,882,258 $ 11,882,258 113057
3Z30 200645 Consolidated Federal Grant Administration $ 8,949,280 $ 8,949,280 113058
TOTAL FED Federal Special 113059
Revenue Fund Group $ 2,310,389,566 $ 2,011,315,739 113060

State Special Revenue Fund Group113061

4540 200610 Guidance and Testing $ 1,050,000 $ 1,050,000 113062
4550 200608 Commodity Foods $ 24,000,000 $ 24,000,000 113063
4R70 200695 Indirect Operational Support $ 6,500,000 $ 6,600,000 113064
4V70 200633 Interagency Operational Support $ 1,117,725 $ 1,117,725 113065
5980 200659 Auxiliary Services Reimbursement $ 1,328,910 $ 1,328,910 113066
5BB0 200696 State Action for Education Leadership $ 231,300 $ 0 113067
5BJ0 200626 Half-Mill Maintenance Equalization $ 17,300,000 $ 18,000,000 113068
5KK0 200679 Community School Dropout Programs $ 1,000,000 $ 1,000,000 113069
5U20 200685 National Education Statistics $ 300,000 $ 300,000 113070
6200 200615 Educational Improvement Grants $ 3,000,000 $ 3,000,000 113071
TOTAL SSR State Special Revenue 113072
Fund Group $ 55,827,935 $ 56,396,635 113073

Lottery Profits Education Fund Group113074

7017 200612 Foundation Funding $ 717,500,000 $ 680,500,000 113075
TOTAL LPE Lottery Profits 113076
Education Fund Group $ 717,500,000 $ 680,500,000 113077

Revenue Distribution Fund Group113078

7047 200909 School District Property Tax Replacement-Business $ 722,000,000 $ 475,000,000 113079
7053 200900 School District Property Tax Replacement-Utility $ 34,000,000 $ 30,000,000 113080
TOTAL RDF Revenue Distribution 113081
Fund Group $ 756,000,000 505,000,000 113082
TOTAL ALL BUDGET FUND GROUPS $ 11,345,070,787 $ 10,862,613,253 113083


       Section 267.10.10. EARLY CHILDHOOD EDUCATION113085

       The Department of Education shall distribute the foregoing 113086
appropriation item 200408, Early Childhood Education, to pay the 113087
costs of early childhood education programs. 113088

       (A) As used in this section:113089

       (1) "Provider" means a city, local, exempted village, or 113090
joint vocational school district, or an educational service 113091
center.113092

       (2) In the case of a city, local, or exempted village school 113093
district, "new eligible provider" means a district that did not 113094
receive state funding for Early Childhood Education in the 113095
previous fiscal year or demonstrates a need for early childhood 113096
programs as defined in division (D) of this section.113097

       (3) "Eligible child" means a child who is at least three 113098
years of age as of the district entry date for kindergarten, is 113099
not of the age to be eligible for kindergarten, and whose family 113100
earns not more than two hundred per cent of the federal poverty 113101
guidelines as defined in division (A)(3) of section 5101.46 of the 113102
Revised Code. Children with an Individualized Education Program 113103
and where the Early Childhood Education program is the least 113104
restrictive environment may be enrolled on their third birthday.113105

       (B) In each fiscal year, up to two per cent of the total 113106
appropriation may be used by the Department for program support 113107
and technical assistance. The Department shall distribute the 113108
remainder of the appropriation in each fiscal year to serve 113109
eligible children.113110

       (C) The Department shall provide an annual report to the 113111
Governor, the Speaker of the House of Representatives, and the 113112
President of the Senate and post the report to the Department's 113113
web site, regarding early childhood education programs operated 113114
under this section and the early learning program guidelines.113115

       (D) After setting aside the amounts to make payments due from 113116
the previous fiscal year, in fiscal year 2012, the Department 113117
shall distribute funds first to recipients of funds for early 113118
childhood education programs under Section 265.10.20 of Am. Sub. 113119
H.B. 1 of the 128th General Assembly in the previous fiscal year 113120
and the balance to new eligible providers of early childhood 113121
education programs under this section or to existing providers to 113122
serve more eligible children or for purposes of program expansion, 113123
improvement, or special projects to promote quality and 113124
innovation.113125

       After setting aside the amounts to make payments due from the 113126
previous fiscal year, in fiscal year 2013, the Department shall 113127
distribute funds first to providers of early childhood education 113128
programs under this section in the previous fiscal year and the 113129
balance to new eligible providers or to existing providers to 113130
serve more eligible children or for purposes of program expansion, 113131
improvement, or special projects to promote quality and 113132
innovation.113133

        Awards under this section shall be distributed on a per-pupil 113134
basis, and in accordance with division (H) of this section. The 113135
Department may adjust the per-pupil amount so that the per-pupil 113136
amount multiplied by the number of eligible children enrolled and 113137
receiving services on the first day of December or the business 113138
day closest to that date equals the amount allocated under this 113139
section.113140

       (E) Costs for developing and administering an early childhood 113141
education program may not exceed fifteen per cent of the total 113142
approved costs of the program.113143

       All providers shall maintain such fiscal control and 113144
accounting procedures as may be necessary to ensure the 113145
disbursement of, and accounting for, these funds. The control of 113146
funds provided in this program, and title to property obtained, 113147
shall be under the authority of the approved provider for purposes 113148
provided in the program unless, as described in division (J) of 113149
this section, the program waives its right for funding or a 113150
program's funding is eliminated or reduced due to its inability to 113151
meet financial or early learning program guidelines. The approved 113152
provider shall administer and use such property and funds for the 113153
purposes specified.113154

       (F) The Department may examine a provider's financial and 113155
program records. If the financial practices of the program are not 113156
in accordance with standard accounting principles or do not meet 113157
financial standards outlined under division (E) of this section, 113158
or if the program fails to substantially meet the early learning 113159
program guidelines or exhibits below average performance as 113160
measured against the guidelines, the early childhood education 113161
program shall propose and implement a corrective action plan that 113162
has been approved by the Department. The approved corrective 113163
action plan shall be signed by the chief executive officer and the 113164
executive of the official governing body of the provider. The 113165
corrective action plan shall include a schedule for monitoring by 113166
the Department. Such monitoring may include monthly reports, 113167
inspections, a timeline for correction of deficiencies, and 113168
technical assistance to be provided by the Department or obtained 113169
by the early childhood education program. The Department may 113170
withhold funding pending corrective action. If an early childhood 113171
education program fails to satisfactorily complete a corrective 113172
action plan, the Department may deny expansion funding to the 113173
program or withdraw all or part of the funding to the program and 113174
establish a new eligible provider through a selection process 113175
established by the Department.113176

       (G) Each early childhood education program shall do all of 113177
the following:113178

       (1) Meet teacher qualification requirements prescribed by 113179
section 3301.311 of the Revised Code;113180

       (2) Align curriculum to the early learning content standards 113181
developed by the Department;113182

       (3) Meet any child or program assessment requirements 113183
prescribed by the Department;113184

       (4) Require teachers, except teachers enrolled and working to 113185
obtain a degree pursuant to section 3301.311 of the Revised Code, 113186
to attend a minimum of twenty hours every two years of 113187
professional development as prescribed by the Department;113188

       (5) Document and report child progress as prescribed by the 113189
Department;113190

       (6) Meet and report compliance with the early learning 113191
program guidelines as prescribed by the Department.113192

       (H) Per-pupil funding for programs subject to this section 113193
shall be sufficient to provide eligible children with services for 113194
a standard early childhood schedule which shall be defined in this 113195
section as a minimum of twelve and one-half hours per school week 113196
as defined in section 3313.62 of the Revised Code for the minimum 113197
school year as defined in sections 3313.48, 3313.481, and 3313.482 113198
of the Revised Code. Nothing in this section shall be construed to 113199
prohibit program providers from utilizing other funds to serve 113200
eligible children in programs that exceed the twelve and one-half 113201
hours per week or that exceed the minimum school year. For any 113202
provider for which a standard early childhood education schedule 113203
creates a hardship or for which the provider shows evidence that 113204
the provider is working in collaboration with a preschool special 113205
education program, the provider may submit a waiver to the 113206
Department requesting an alternate schedule. If the Department 113207
approves a waiver for an alternate schedule that provides services 113208
for less time than the standard early childhood education 113209
schedule, the Department may reduce the provider's annual 113210
allocation proportionately. Under no circumstances shall an annual 113211
allocation be increased because of the approval of an alternate 113212
schedule.113213

       (I) Each provider shall develop a sliding fee scale based on 113214
family incomes and shall charge families who earn more than two 113215
hundred per cent of the federal poverty guidelines, as defined in 113216
division (A)(3) of section 5101.46 of the Revised Code, for the 113217
early childhood education program.113218

       The Department shall conduct an annual survey of each 113219
provider to determine whether the provider charges families 113220
tuition or fees, the amount families are charged relative to 113221
family income levels, and the number of families and students 113222
charged tuition and fees for the early childhood program.113223

       (J) If an early childhood education program voluntarily 113224
waives its right for funding, or has its funding eliminated for 113225
not meeting financial standards or the early learning program 113226
guidelines, the provider shall transfer control of title to 113227
property, equipment, and remaining supplies obtained through the 113228
program to providers designated by the Department and return any 113229
unexpended funds to the Department along with any reports 113230
prescribed by the Department. The funding made available from a 113231
program that waives its right for funding or has its funding 113232
eliminated or reduced may be used by the Department for new grant 113233
awards or expansion grants. The Department may award new grants or 113234
expansion grants to eligible providers who apply. The eligible 113235
providers who apply must do so in accordance with the selection 113236
process established by the Department.113237

       (K) As used in this section, "early learning program 113238
guidelines" means the guidelines established by the Department 113239
pursuant to division (C)(3) of Section 206.09.54 of Am. Sub. H.B. 113240
66 of the 126th General Assembly.113241

       (L) Eligible expenditures for the Early Childhood Education 113242
program shall be claimed each fiscal year to help meet the state's 113243
TANF maintenance of effort requirement. The Superintendent of 113244
Public Instruction and the Director of Job and Family Services 113245
shall enter into an interagency agreement to carry out the 113246
requirements under this division, which shall include developing 113247
reporting guidelines for these expenditures.113248

       Section 267.10.20. CAREER-TECHNICAL EDUCATION MATCH113249

       The foregoing appropriation item 200416, Career-Technical 113250
Education Match, shall be used by the Department of Education to 113251
provide vocational administration matching funds under 20 U.S.C. 113252
2311.113253

       COMPUTER/APPLICATION/NETWORK DEVELOPMENT113254

       The foregoing appropriation item 200420, 113255
Computer/Application/Network Development, shall be used to support 113256
the development and implementation of information technology 113257
solutions designed to improve the performance and services of the 113258
Department of Education. Funds may be used for personnel, 113259
maintenance, and equipment costs related to the development and 113260
implementation of these technical system projects. Implementation 113261
of these systems shall allow the Department to provide greater 113262
levels of assistance to school districts and to provide more 113263
timely information to the public, including school districts, 113264
administrators, and legislators. Funds may also be used to support 113265
data-driven decision-making and differentiated instruction, as 113266
well as to communicate academic content standards and curriculum 113267
models to schools through web-based applications.113268

       Section 267.10.30. ALTERNATIVE EDUCATION PROGRAMS113269

       The foregoing appropriation item 200421, Alternative 113270
Education Programs, shall be used for the renewal of successful 113271
implementation grants and for competitive matching grants to 113272
school districts for alternative educational programs for existing 113273
and new at-risk and delinquent youth. Programs shall be focused on 113274
youth in one or more of the following categories: those who have 113275
been expelled or suspended, those who have dropped out of school 113276
or who are at risk of dropping out of school, those who are 113277
habitually truant or disruptive, or those on probation or on 113278
parole from a Department of Youth Services facility. Grants shall 113279
be awarded according to the criteria established by the 113280
Alternative Education Advisory Council in 1999. Grants shall be 113281
awarded only to programs in which the grant will not serve as the 113282
program's primary source of funding. These grants shall be 113283
administered by the Department of Education.113284

       The Department of Education may waive compliance with any 113285
minimum education standard established under section 3301.07 of 113286
the Revised Code for any alternative school that receives a grant 113287
under this section on the grounds that the waiver will enable the 113288
program to more effectively educate students enrolled in the 113289
alternative school.113290

       Of the foregoing appropriation item 200421, Alternative 113291
Education Programs, a portion may be used for program 113292
administration, monitoring, technical assistance, support, 113293
research, and evaluation.113294

       Section 267.10.40. SCHOOL MANAGEMENT ASSISTANCE113295

       Of the foregoing appropriation item 200422, School Management 113296
Assistance, $1,000,000 in fiscal year 2012 and $1,300,000 in 113297
fiscal year 2013 shall be used by the Auditor of State in 113298
consultation with the Department of Education for expenses 113299
incurred in the Auditor of State's role relating to fiscal 113300
caution, fiscal watch, and fiscal emergency activities as defined 113301
in Chapter 3316. of the Revised Code and may also be used by the 113302
Auditor of State to conduct performance audits of other school 113303
districts with priority given to districts in fiscal distress. 113304
Districts in fiscal distress shall be determined by the Auditor of 113305
State and shall include districts that the Auditor of State, in 113306
consultation with the Department of Education, determines are 113307
employing fiscal practices or experiencing budgetary conditions 113308
that could produce a state of fiscal watch or fiscal emergency.113309

       The remainder of appropriation item 200422, School Management 113310
Assistance, shall be used by the Department of Education to 113311
provide fiscal technical assistance and inservice education for 113312
school district management personnel and to administer, monitor, 113313
and implement the fiscal caution, fiscal watch, and fiscal 113314
emergency provisions under Chapter 3316. of the Revised Code.113315

       Section 267.10.50. POLICY ANALYSIS113316

       The foregoing appropriation item 200424, Policy Analysis, 113317
shall be used by the Department of Education to support a system 113318
of administrative, statistical, and legislative education 113319
information to be used for policy analysis. Staff supported by 113320
this appropriation shall administer the development of reports, 113321
analyses, and briefings to inform education policymakers of 113322
current trends in education practice, efficient and effective use 113323
of resources, and evaluation of programs to improve education 113324
results. The database shall be kept current at all times. These 113325
research efforts shall be used to supply information and analysis 113326
of data to the General Assembly and other state policymakers, 113327
including the Office of Budget and Management, the Governor's 113328
Office of 21st Century Education, and the Legislative Service 113329
Commission.113330

       The Department of Education may use funding from this 113331
appropriation item to purchase or contract for the development of 113332
software systems or contract for policy studies that will assist 113333
in the provision and analysis of policy-related information. 113334
Funding from this appropriation item also may be used to monitor 113335
and enhance quality assurance for research-based policy analysis 113336
and program evaluation to enhance the effective use of education 113337
information to inform education policymakers.113338

       A portion of the foregoing appropriation item 200424, Policy 113339
Analysis, may be used in conjunction with appropriation item 113340
200439, Accountability/Report Cards, to support a fiscal reporting 113341
dimension that shall contain fiscal data reported for the prior 113342
fiscal year. The fiscal information contained therein shall be 113343
updated and reported annually in a form and in a manner as 113344
determined by the Department.113345

       TECH PREP CONSORTIA SUPPORT113346

       The foregoing appropriation item 200425, Tech Prep Consortia 113347
Support, shall be used by the Department of Education to support 113348
state-level activities designed to support, promote, and expand 113349
tech prep programs. Use of these funds shall include, but not be 113350
limited to, administration of grants, program evaluation, 113351
professional development, curriculum development, assessment 113352
development, program promotion, communications, and statewide 113353
coordination of tech prep consortia.113354

       Section 267.10.60. OHIO EDUCATIONAL COMPUTER NETWORK113355

       The foregoing appropriation item 200426, Ohio Educational 113356
Computer Network, shall be used by the Department of Education to 113357
maintain a system of information technology throughout Ohio and to 113358
provide technical assistance for such a system in support of the 113359
P-16 State Education Technology Plan developed under section 113360
3353.09 of the Revised Code.113361

       Of the foregoing appropriation item 200426, Ohio Educational 113362
Computer Network, up to $10,705,569 in each fiscal year shall be 113363
used by the Department of Education to support connection of all 113364
public school buildings and participating chartered nonpublic 113365
schools to the state's education network, to each other, and to 113366
the Internet. In each fiscal year the Department of Education 113367
shall use these funds to assist information technology centers or 113368
school districts with the operational costs associated with this 113369
connectivity. The Department of Education shall develop a formula 113370
and guidelines for the distribution of these funds to information 113371
technology centers or individual school districts. As used in this 113372
section, "public school building" means a school building of any 113373
city, local, exempted village, or joint vocational school 113374
district, any community school established under Chapter 3314. of 113375
the Revised Code, any STEM school established under Chapter 3326. 113376
of the Revised Code, any educational service center building used 113377
for instructional purposes, the Ohio School for the Deaf and the 113378
Ohio School for the Blind, high schools chartered by the Ohio 113379
Department of Youth Services, or high schools operated by Ohio 113380
Department of Rehabilitation and Corrections' Ohio Central School 113381
System.113382

       Of the foregoing appropriation item 200426, Ohio Educational 113383
Computer Network, up to $1,440,000 in each fiscal year shall be 113384
used for the Union Catalog and InfOhio Network and to support the 113385
provision of electronic resources with priority given to resources 113386
that support the teaching of state academic content standards in 113387
all public schools. Consideration shall be given by the Department 113388
of Education to coordinating the allocation of these moneys with 113389
the efforts of Libraries Connect Ohio, whose members include 113390
OhioLINK, the Ohio Public Information Network, and the State 113391
Library of Ohio.113392

       Of the foregoing appropriation item 200426, Ohio Educational 113393
Computer Network, up to $5,220,000 in each fiscal year shall be 113394
used, through a formula and guidelines devised by the Department, 113395
to subsidize the activities of designated information technology 113396
centers, as defined by State Board of Education rules, to provide 113397
school districts and chartered nonpublic schools with 113398
computer-based student and teacher instructional and 113399
administrative information services, including approved 113400
computerized financial accounting, and to ensure the effective 113401
operation of local automated administrative and instructional 113402
systems.113403

       The remainder of appropriation item 200426, Ohio Educational 113404
Computer Network, shall be used to support the work of the College 113405
of Education and Human Ecology at the Ohio State University in 113406
reviewing and assessing the alignment of courses offered through 113407
the distance learning clearinghouse established in sections 113408
3333.81 to 3333.88 of the Revised Code with the academic content 113409
standards adopted under division (A) of section 3301.079 of the 113410
Revised Code.113411

       Section 267.10.70. ACADEMIC STANDARDS113412

       The foregoing appropriation item 200427, Academic Standards, 113413
shall be used by the Department of Education to develop, revise, 113414
and communicate to school districts academic content standards and 113415
curriculum models.113416

       Section 267.10.80. STUDENT ASSESSMENT113417

       Of the foregoing appropriation item 200437, Student 113418
Assessment, up to $95,000 in each fiscal year may be used to 113419
support the assessments required under section 3301.0715 of the 113420
Revised Code.113421

       The remainder of appropriation item 200437, Student 113422
Assessment, shall be used to develop, field test, print, 113423
distribute, score, report results, and support other associated 113424
costs for the tests required under sections 3301.0710, 3301.0711, 113425
and 3301.0712 of the Revised Code and for similar purposes as 113426
required by section 3301.27 of the Revised Code. If funds remain 113427
in this appropriation after these purposes have been fulfilled, 113428
the Department may use the remainder of the appropriation to 113429
develop end-of-course exams.113430

       DEPARTMENT OF EDUCATION APPROPRIATION TRANSFERS FOR STUDENT 113431
ASSESSMENT113432

       In fiscal year 2012 and fiscal year 2013, if the 113433
Superintendent of Public Instruction determines that additional 113434
funds are needed to fully fund the requirements of sections 113435
3301.0710, 3301.0711, and 3301.27 of the Revised Code and this act 113436
for assessments of student performance, the Superintendent of 113437
Public Instruction may recommend the reallocation of unexpended 113438
and unencumbered General Revenue Fund appropriations within the 113439
Department of Education to appropriation item 200437, Student 113440
Assessment, to the Director of Budget and Management. If the 113441
Director of Budget and Management determines that such a 113442
reallocation is required, the Director of Budget and Management 113443
may transfer unexpended and unencumbered appropriations within the 113444
Department of Education as necessary to appropriation item 200437, 113445
Student Assessment. If these transferred appropriations are not 113446
sufficient to fully fund the assessment requirements in fiscal 113447
year 2012 or fiscal year 2013, the Superintendent of Public 113448
Instruction may request that the Controlling Board transfer up to 113449
$9,000,000 cash from the Lottery Profits Education Reserve Fund 113450
(Fund 7018) to the General Revenue Fund. Upon approval of the 113451
Controlling Board, the Director of Budget and Management shall 113452
transfer the cash. These transferred funds are hereby appropriated 113453
for the same purpose as appropriation item 200437, Student 113454
Assessment.113455

       Section 267.10.90. (A) Notwithstanding anything to the 113456
contrary in section 3301.0710, 3301.0711, 3301.0715 or 3313.608 of 113457
the Revised Code, the administration of the English language arts 113458
assessments for elementary grades as a replacement for the 113459
separate reading and writing assessments prescribed by sections 113460
3301.0710 and 3301.0711 of the Revised Code, as those sections 113461
were amended by Am. Sub. H.B. 1 of the 128th General Assembly, 113462
shall not be required until a date prescribed by rule of the State 113463
Board of Education. Until that date, the Department of Education 113464
and school districts and schools shall continue to administer 113465
separate reading assessments for elementary grades, as prescribed 113466
by the versions of sections 3301.0710 and 3301.0711 of the Revised 113467
Code that were in effect prior to the effective date of Section 113468
265.20.15 of Am. Sub. H.B. 1 of the 128th General Assembly. The 113469
intent for delaying implementation of the replacement English 113470
language arts assessment is to provide adequate time for the 113471
complete development of the new assessment.113472

        (B) Notwithstanding anything to the contrary in section 113473
3301.0710 of the Revised Code, the State Board shall not prescribe 113474
the three ranges of scores for the assessments prescribed by 113475
division (A)(2) of section 3301.0710 of the Revised Code, as 113476
amended by Am. Sub. H.B. 1 of the 128th General Assembly, until 113477
the Board adopts the rule required by division (A) of this 113478
section. Until that date, the Board shall continue to prescribe 113479
the five ranges of scores required by the version of section 113480
3301.0710 of the Revised Code in effect prior to the effective 113481
date of Section 265.20.15 of Am. Sub. H.B. 1 of the 128th General 113482
Assembly, and the following apply:113483

        (1) The range of scores designated by the State Board as a 113484
proficient level of skill remains the passing score on the Ohio 113485
Graduation Tests for purposes of sections 3313.61, 3313.611, 113486
3313.612, and 3325.08 of the Revised Code;113487

        (2) The range of scores designated as a limited level of 113488
skill remains the standard for applying the third-grade reading 113489
guarantee under division (A) of section 3313.608 of the Revised 113490
Code;113491

        (3) The range of scores designated by the State Board as a 113492
proficient level of skill remains the standard for the summer 113493
remediation requirement of division (B)(2) of section 3313.608 of 113494
the Revised Code.113495

        (C) This section is not subject to expiration after June 30, 113496
2013, under Section 809.10 of this act.113497

       Section 267.20.10.  Notwithstanding anything to the contrary 113498
in sections 3301.0710 and 3301.0711 of the Revised Code, in the 113499
2011-2012 and 2012-2013 school years, the Department of Education 113500
shall not furnish, and school districts and schools shall not 113501
administer, the elementary writing and social studies achievement 113502
assessments prescribed by section 3301.0710 of the Revised Code, 113503
unless the Superintendent of Public Instruction determines the 113504
Department has sufficient funds to pay the costs of furnishing and 113505
scoring those assessments.113506

       Section 267.20.20. ACCOUNTABILITY/REPORT CARDS113507

       Of the foregoing appropriation item 200439, 113508
Accountability/Report Cards, a portion in each fiscal year may be 113509
used to train district and regional specialists and district 113510
educators in the use of the value-added progress dimension and in 113511
the use of data as it relates to improving student achievement. 113512
This training may include teacher and administrator professional 113513
development in the use of data to improve instruction and student 113514
learning, and teacher and administrator training in understanding 113515
teacher value-added reports and how they can be used as a 113516
component in measuring teacher and administrator effectiveness. A 113517
portion of this funding may be provided to a credible nonprofit 113518
organization with expertise in value-added progress dimensions.113519

       The remainder of appropriation item 200439, 113520
Accountability/Report Cards, shall be used by the Department to 113521
incorporate a statewide value-added progress dimension into 113522
performance ratings for school districts and for the development 113523
of an accountability system that includes the preparation and 113524
distribution of school report cards and funding and expenditure 113525
accountability reports under sections 3302.03 and 3302.031 of the 113526
Revised Code.113527

       CHILD CARE LICENSING113528

       The foregoing appropriation item 200442, Child Care 113529
Licensing, shall be used by the Department of Education to license 113530
and to inspect preschool and school-age child care programs under 113531
sections 3301.52 to 3301.59 of the Revised Code.113532

       Section 267.20.30. EDUCATION MANAGEMENT INFORMATION SYSTEM113533

       The foregoing appropriation item 200446, Education Management 113534
Information System, shall be used by the Department of Education 113535
to improve the Education Management Information System (EMIS).113536

       Of the foregoing appropriation item 200446, Education 113537
Management Information System, up to $729,000 in each fiscal year 113538
shall be distributed to designated information technology centers 113539
for costs relating to processing, storing, and transferring data 113540
for the effective operation of the EMIS. These costs may include, 113541
but are not limited to, personnel, hardware, software development, 113542
communications connectivity, professional development, and support 113543
services, and to provide services to participate in the State 113544
Education Technology Plan developed under section 3353.09 of the 113545
Revised Code.113546

       The remainder of appropriation item 200446, Education 113547
Management Information System, shall be used to develop and 113548
support a common core of data definitions and standards as adopted 113549
by the Education Management Information System Advisory Board, 113550
including the ongoing development and maintenance of the data 113551
dictionary and data warehouse. In addition, such funds shall be 113552
used to support the development and implementation of data 113553
standards and the design, development, and implementation of a new 113554
data exchange system.113555

       Any provider of software meeting the standards approved by 113556
the Education Management Information System Advisory Board shall 113557
be designated as an approved vendor and may enter into contracts 113558
with local school districts, community schools, STEMS schools, 113559
information technology centers, or other educational entities for 113560
the purpose of collecting and managing data required under Ohio's 113561
education management information system (EMIS) laws. On an annual 113562
basis, the Department of Education shall convene an advisory group 113563
of school districts, community schools, and other 113564
education-related entities to review the Education Management 113565
Information System data definitions and data format standards. The 113566
advisory group shall recommend changes and enhancements based upon 113567
surveys of its members, education agencies in other states, and 113568
current industry practices, to reflect best practices, align with 113569
federal initiatives, and meet the needs of school districts.113570

       School districts, STEMS schools, and community schools not 113571
implementing a common and uniform set of data definitions and data 113572
format standards for Education Management Information System 113573
purposes shall have all EMIS funding withheld until they are in 113574
compliance.113575

       Section 267.20.40. GED TESTING113576

       The foregoing appropriation item 200447, GED Testing, shall 113577
be used to provide General Educational Development (GED) testing 113578
under rules adopted by the State Board of Education.113579

       Section 267.20.50. EDUCATOR PREPARATION113580

       Of the foregoing appropriation item 200448, Educator 113581
Preparation, up to $150,000 in each fiscal year may be used by the 113582
Department of Education to monitor and support Ohio's State System 113583
of Support in accordance with the "No Child Left Behind Act of 113584
2011," 20 U.S.C. 6317.113585

        The remainder of appropriation item 200448, Educator 113586
Preparation, may be used by the Department to support the Educator 113587
Standards Board under section 3319.61 of the Revised Code and 113588
reforms under sections 3302.042, 3302.06 through 3302.068, 113589
3302.12, 3302.20 through 3302.23, and 3319.58 of the Revised Code.113590

       Section 267.20.60. COMMUNITY SCHOOLS AND CHOICE PROGRAMS113591

       The foregoing appropriation item 200455, Community Schools 113592
and Choice Programs, may be used by the Department of Education 113593
for additional services and responsibilities under section 3314.11 113594
of the Revised Code and for operation of the school choice 113595
programs.113596

       Of the foregoing appropriation item 200455, Community Schools 113597
and Choice Programs, a portion in each fiscal year may be used by 113598
the Department of Education for developing and conducting training 113599
sessions for community schools and sponsors and prospective 113600
sponsors of community schools as prescribed in division (A)(1) of 113601
section 3314.015 of the Revised Code, and other schools 113602
participating in school choice programs. In developing the 113603
community school training sessions, the Department shall collect 113604
and disseminate examples of best practices used by sponsors of 113605
independent charter schools in Ohio and other states.113606

       Section 267.20.70. PUPIL TRANSPORTATION113607

       Of the foregoing appropriation item 200502, Pupil 113608
Transportation, up to $838,930 in each fiscal year may be used by 113609
the Department of Education for training prospective and 113610
experienced school bus drivers in accordance with training 113611
programs prescribed by the Department. Up to $60,469,220 in each 113612
fiscal year may be used by the Department of Education for special 113613
education transportation reimbursements to school districts and 113614
county DD boards for transportation operating costs as provided in 113615
division (J) of section 3317.024 of the Revised Code. Up to 113616
$650,000 in each fiscal year may be used to partially reimburse 113617
school districts for costs of providing transportation services to 113618
nontraditional schools when those schools are open on a day the 113619
traditional school district is not scheduled to open. Up to 113620
$5,000,000 in each fiscal year may be used by the Department of 113621
Education to reimburse school districts in accordance with rules 113622
adopted by the state board of education for students transported 113623
by means other than school bus service and whose transportation is 113624
not funded under division (C) of section 3317.024 of the Revised 113625
Code.113626

       The remainder of appropriation item 200502, Pupil 113627
Transportation, shall be used to distribute the amounts calculated 113628
for formula aid under Section 267.30.50 of this act.113629

       Section 267.20.80. SCHOOL LUNCH MATCH113630

       The foregoing appropriation item 200505, School Lunch Match, 113631
shall be used to provide matching funds to obtain federal funds 113632
for the school lunch program.113633

       Any remaining appropriation after providing matching funds 113634
for the school lunch program may be used to partially reimburse 113635
school buildings within school districts that are required to have 113636
a school breakfast program under section 3313.813 of the Revised 113637
Code, at a rate decided by the Department.113638

       Section 267.20.90. AUXILIARY SERVICES113639

       The foregoing appropriation item 200511, Auxiliary Services, 113640
shall be used by the Department of Education for the purpose of 113641
implementing section 3317.06 of the Revised Code. Of the 113642
appropriation, up to $1,789,943 in each fiscal year may be used 113643
for payment of the Post-Secondary Enrollment Options Program for 113644
nonpublic students. Notwithstanding section 3365.10 of the Revised 113645
Code, the Department shall distribute funding according to rules 113646
adopted by the Department in accordance with Chapter 119. of the 113647
Revised Code.113648

       Section 267.30.10. NONPUBLIC ADMINISTRATIVE COST 113649
REIMBURSEMENT113650

       The foregoing appropriation item 200532, Nonpublic 113651
Administrative Cost Reimbursement, shall be used by the Department 113652
of Education for the purpose of implementing section 3317.063 of 113653
the Revised Code.113654

       Section 267.30.20. SPECIAL EDUCATION ENHANCEMENTS113655

       Of the foregoing appropriation item 200540, Special Education 113656
Enhancements, up to $2,206,875 in each fiscal year shall be used 113657
for home instruction for children with disabilities.113658

       Of the foregoing appropriation item 200540, Special Education 113659
Enhancements, up to $45,282,959 in each fiscal year shall be used 113660
to fund special education and related services at county boards of 113661
developmental disabilities for eligible students under section 113662
3317.20 of the Revised Code and at institutions for eligible 113663
students under section 3317.201 of the Revised Code. 113664
Notwithstanding the distribution formulas under sections 3317.20 113665
and 3317.201 of the Revised Code, funding for DD boards and 113666
institutions for fiscal year 2012 and fiscal year 2013 shall be 113667
determined by providing the per pupil amount received by each DD 113668
board and institution for the prior fiscal year for each student 113669
served in the current fiscal year.113670

       Of the foregoing appropriation item 200540, Special Education 113671
Enhancements, up to $1,333,468 in each fiscal year shall be used 113672
for parent mentoring programs.113673

       Of the foregoing appropriation item 200540, Special Education 113674
Enhancements, up to $2,537,824 in each fiscal year may be used for 113675
school psychology interns.113676

        The remainder of appropriation item 200540, Special Education 113677
Enhancements, shall be distributed by the Department of Education 113678
to county boards of developmental disabilities, educational 113679
service centers, and school districts for preschool special 113680
education units and preschool supervisory units under section 113681
3317.052 of the Revised Code. To the greatest extent possible, the 113682
Department of Education shall allocate these units to school 113683
districts and educational service centers.113684

       The Department may reimburse county DD boards, educational 113685
service centers, and school districts for services provided by 113686
instructional assistants, related services as defined in rule 113687
3301-51-11 of the Administrative Code, physical therapy services 113688
provided by a licensed physical therapist or physical therapist 113689
assistant under the supervision of a licensed physical therapist 113690
as required under Chapter 4755. of the Revised Code and Chapter 113691
4755-27 of the Administrative Code and occupational therapy 113692
services provided by a licensed occupational therapist or 113693
occupational therapy assistant under the supervision of a licensed 113694
occupational therapist as required under Chapter 4755. of the 113695
Revised Code and Chapter 4755-7 of the Administrative Code. 113696
Nothing in this section authorizes occupational therapy assistants 113697
or physical therapist assistants to generate or manage their own 113698
caseloads.113699

       The Department of Education shall require school districts, 113700
educational service centers, and county DD boards serving 113701
preschool children with disabilities to adhere to Ohio's Early 113702
Learning Program Guidelines and document child progress using 113703
research-based indicators prescribed by the Department and report 113704
results annually. The reporting dates and method shall be 113705
determined by the Department.113706

       Section 267.30.30. CAREER-TECHNICAL EDUCATION ENHANCEMENTS113707

       Of the foregoing appropriation item 200545, Career-Technical 113708
Education Enhancements, up to $2,563,568 in each fiscal year shall 113709
be used to fund secondary career-technical education at 113710
institutions.113711

       Of the foregoing appropriation item 200545, Career-Technical 113712
Education Enhancements, up to $2,838,281 in each fiscal year shall 113713
be used by the Department of Education to fund competitive grants 113714
to tech prep consortia that expand the number of students enrolled 113715
in tech prep programs. These grant funds shall be used to directly 113716
support expanded tech prep programs provided to students enrolled 113717
in school districts, including joint vocational school districts, 113718
and affiliated higher education institutions. This support may 113719
include the purchase of equipment.113720

       Of the foregoing appropriation item 200545, Career-Technical 113721
Education Enhancements, up to $3,100,850 in each fiscal year shall 113722
be used by the Department of Education to support existing High 113723
Schools That Work (HSTW) sites, develop and support new sites, 113724
fund technical assistance, and support regional centers and middle 113725
school programs. The purpose of HSTW is to combine challenging 113726
academic courses and modern career-technical studies to raise the 113727
academic achievement of students. HSTW provides intensive 113728
technical assistance, focused staff development, targeted 113729
assessment services, and ongoing communications and networking 113730
opportunities.113731

       Of the foregoing appropriation item 200545, Career-Technical 113732
Education Enhancements, up to $300,000 in each fiscal year shall 113733
be used by the Department of Education to enable students in 113734
agricultural programs to enroll in a fifth quarter of instruction 113735
based on the agricultural education model of delivering work-based 113736
learning through supervised agricultural experience. The 113737
Department of Education shall determine eligibility criteria and 113738
the reporting process for the Agriculture 5th Quarter Project and 113739
shall fund as many programs as possible given the set aside.113740

       Section 267.30.40. FOUNDATION FUNDING113741

       Of the foregoing appropriation item 200550, Foundation 113742
Funding, up to $425,000 shall be expended in each fiscal year for 113743
court payments under section 2151.362 of the Revised Code.113744

        Of the foregoing appropriation item 200550, Foundation 113745
Funding, up to $8,100,000 in each fiscal year shall be used to 113746
fund gifted education at educational service centers. The 113747
Department shall distribute the funding through the unit-based 113748
funding methodology in place under division (L) of section 113749
3317.024, division (E) of section 3317.05, and divisions (A), (B), 113750
and (C) of section 3317.053 of the Revised Code as they existed 113751
prior to fiscal year 2010. Any remaining funds shall be used as an 113752
additional supplement to each city, exempted village, and local 113753
school district for identifying gifted students under Chapter 113754
3324. of the Revised Code.113755

        Of the foregoing appropriation item 200550, Foundation 113756
Funding, up to $10,000,000 in each fiscal year shall be used to 113757
provide additional state aid to school districts, joint vocational 113758
school districts, and community schools for special education 113759
students under division (C)(3) of section 3317.022 of the Revised 113760
Code, except that the Controlling Board may increase these amounts 113761
if presented with such a request from the Department of Education 113762
at the final meeting of the fiscal year; and up to $2,000,000 in 113763
each fiscal year shall be reserved for Youth Services tuition 113764
payments under section 3317.024 of the Revised Code.113765

       Of the foregoing appropriation item 200550, Foundation 113766
Funding, up to $41,760,000 in fiscal year 2012 and up to 113767
$35,323,000 in fiscal year 2013 shall be reserved to fund the 113768
state reimbursement of educational service centers under section 113769
3317.11 of the Revised Code and the section of this act entitled 113770
"EDUCATIONAL SERVICE CENTERS FUNDING;" and up to $3,545,752 in 113771
each fiscal year shall be distributed to educational service 113772
centers for School Improvement Initiatives. Educational service 113773
centers shall be required to support districts in the development 113774
and implementation of their continuous improvement plans as 113775
required in section 3302.04 of the Revised Code and to provide 113776
technical assistance and support in accordance with Title I of the 113777
"No Child Left Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 113778
6317. 113779

       Of the foregoing appropriation item 200550, Foundation 113780
Funding, up to $1,000,000 in each fiscal year shall be used by the 113781
Department of Education for a program to pay for educational 113782
services for youth who have been assigned by a juvenile court or 113783
other authorized agency to any of the facilities described in 113784
division (A) of the section of this act entitled "PRIVATE 113785
TREATMENT FACILITY PROJECT."113786

       Of the foregoing appropriation item 200550, Foundation 113787
Funding, up to $12,522,860 in each fiscal year shall be used to 113788
support the Cleveland school choice program.113789

       Of the portion of the funds distributed to the Cleveland 113790
Municipal School District under this section, up to $11,901,887 in 113791
each fiscal year shall be used to operate the school choice 113792
program in the Cleveland Municipal School District under sections 113793
3313.974 to 3313.979 of the Revised Code. Notwithstanding 113794
divisions (B) and (C) of section 3313.978 and division (C) of 113795
section 3313.979 of the Revised Code, up to $1,000,000 in each 113796
fiscal year of this amount shall be used by the Cleveland 113797
Municipal School District to provide tutorial assistance as 113798
provided in division (H) of section 3313.974 of the Revised Code. 113799
The Cleveland Municipal School District shall report the use of 113800
these funds in the district's three-year continuous improvement 113801
plan as described in section 3302.04 of the Revised Code in a 113802
manner approved by the Department of Education.113803

       Of the foregoing appropriation item 200550, Foundation 113804
Funding, an amount shall be available in each fiscal year to be 113805
paid to joint vocational school districts in accordance with the 113806
section of this act entitled "FUNDING FOR JOINT VOCATIONAL SCHOOL 113807
DISTRICTS."113808

       Of the foregoing appropriation item 200550, Foundation 113809
Funding, a portion in each fiscal year shall be paid to city, 113810
exempted village, and local school districts in accordance with 113811
the section of this act entitled "SUPPLEMENTAL SCHOOL DISTRICT 113812
FUNDING."113813

       The remainder of appropriation item 200550, Foundation 113814
Funding, shall be used to distribute the amounts calculated for 113815
formula aid under Section 267.30.50 of this act.113816

       Appropriation items 200502, Pupil Transportation, 200540, 113817
Special Education Enhancements, and 200550, Foundation Funding, 113818
other than specific set-asides, are collectively used in each 113819
fiscal year to pay state formula aid obligations for school 113820
districts, community schools, STEM schools, and joint vocational 113821
school districts under this act. The first priority of these 113822
appropriation items, with the exception of specific set-asides, is 113823
to fund state formula aid obligations. It may be necessary to 113824
reallocate funds among these appropriation items or use excess 113825
funds from other general revenue fund appropriation items in the 113826
Department of Education's budget in each fiscal year, in order to 113827
meet state formula aid obligations. If it is determined that it is 113828
necessary to transfer funds among these appropriation items or to 113829
transfer funds from other General Revenue Fund appropriations in 113830
the Department of Education's budget to meet state formula aid 113831
obligations, the Department of Education shall seek approval from 113832
the Controlling Board to transfer funds as needed.113833

       Section 267.30.50. FUNDING FOR CITY, EXEMPTED VILLAGE, AND 113834
LOCAL SCHOOL DISTRICTS 113835

       (A) For each of fiscal years 2012 and 2013, the Department of 113836
Education shall compute and pay operating funding for each city, 113837
exempted village, and local school district according to the 113838
following formula:113839

[(The final amount computed for fiscal year 2011 under
113840

the line on the district's PASS form entitled "State
113841

Resources for the Foundation Funding Program" / the district's
113842

recalculated fiscal year 2011 formula ADM) X the district's
113843

current year formula ADM] - the district's adjustment amount
113844

       Where:113845

       (1) "PASS form" means the form for calculating operating 113846
payments to school districts as prescribed by former section 113847
3306.012 of the Revised Code.113848

       (2) "Recalculated fiscal year 2011 formula ADM" means the 113849
district's average daily membership reported in October 2010 under 113850
division (A) of section 3317.03 of the Revised Code, as verified 113851
by the Superintendent of Public Instruction and adjusted if so 113852
ordered under division (K) of that section, and as further 113853
adjusted by the Department, as follows:113854

       (a) Count only twenty per cent of the number of joint 113855
vocational school district students counted under division (A)(3) 113856
of section 3317.03 of the Revised Code;113857

       (b) Add twenty per cent of the number of students who are 113858
entitled to attend school in the district under section 3313.64 or 113859
3313.65 of the Revised Code and are enrolled in another school 113860
district under a career-technical educational compact.113861

       (3) "Current year formula ADM" means the district's formula 113862
ADM for the current fiscal year as defined in section 3317.02 of 113863
the Revised Code.113864

       (4) "The district's adjustment amount" means the amount 113865
computed under division (B)(5) of this section.113866

       If the computation made under division (A) of this section 113867
results in a negative number, the district's funding under this 113868
section shall be zero. 113869

       (B) To make the computation required by division (A) of this 113870
section, the Department shall determine all of the following:113871

       (1) Each district's charge-off valuation per pupil, which 113872
shall be the valuation used to determine the district's state 113873
share of the adequacy amount for fiscal year 2011, under former 113874
section 3306.13 of the Revised Code, divided by the district's 113875
recalculated fiscal year 2011 formula ADM;113876

       (2) The statewide median charge-off valuation per pupil; 113877

       (3) Each district's charge-off valuation index, which shall 113878
be the district's charge-off valuation per pupil divided by the 113879
statewide median charge-off valuation per pupil;113880

       (4) The statewide per pupil adjustment amount. The Department 113881
shall determine that amount so that the total statewide formula 113882
aid obligation for school districts does not exceed the aggregate 113883
amount appropriated for formula aid under line items 200502, 113884
200550, and 200612.113885

       (5) Each district's adjustment amount, which shall be the 113886
district's charge-off valuation index multiplied by the statewide 113887
per pupil adjustment amount multiplied by the district's current 113888
year formula ADM. 113889

       (C) On the form that the Department uses to compute funding 113890
for a school district in accordance with this section, the 113891
Department also shall indicate the amount of that funding 113892
allocated to special education and related services, the amount 113893
allocated to career-technical education, and the amount allocated 113894
to gifted education. The amounts allocated for special education 113895
and career-technical education shall be the amounts indicated on 113896
the PASS form for fiscal year 2011. Each school district that 113897
receives an allocation for career-technical education shall spend 113898
the funds only for purposes the Department of Education designates 113899
as approved for career-technical education expenses. 113900
Career-technical education expenses approved by the Department 113901
shall include only expenses connected to the delivery of 113902
career-technical programming to students enrolled in 113903
state-approved career-technical programs. If a school district 113904
informs the Department that it is unable to spend the full 113905
allocation on approved career-technical education expenses, the 113906
Department may reallocate the district's unexpended amount of the 113907
career-technical education allocation to other school districts. 113908
The Department shall first allocate the funds to school districts 113909
within the original school district's vocational education 113910
planning district that have growth in career-technical enrollment 113911
from the previous fiscal year. If there are no such districts, the 113912
Department shall allocate the funds to other school districts, 113913
with priority given to districts according to each district's 113914
growth in career-technical enrollment from the previous fiscal 113915
year. The amounts allocated to gifted education shall be the 113916
amounts districts received for gifted unit funding and 113917
supplemental identification funds in fiscal year 2009, either 113918
directly or through funds allocated to educational service 113919
centers. The Department shall require each school district to 113920
report data annually so that the Department may monitor and 113921
enforce the district's compliance with the requirements regarding 113922
the manner in which allocations for career-technical education and 113923
gifted education may be spent.113924

       (D) For fiscal years 2012 and 2013, wherever a provision of 113925
law refers to payments or adjustments for a school district made 113926
in accordance with any section of Chapter 3317. of the Revised 113927
Code, that reference shall be construed to include payments or 113928
adjustments made under this section. 113929

       Section 267.30.53. SUPPLEMENTAL SCHOOL DISTRICT FUNDING113930

        (A) For fiscal year 2012, the Department of Education shall 113931
compute and pay supplemental operating funding for each city, 113932
exempted village, and local school district according to the 113933
following formula:113934

        [(The final amount computed for fiscal year 2011 under the 113935
line on the district's PASS form entitled "State Resources for the 113936
Foundation Funding Program" minus the portion of that amount paid 113937
from funds received under the American Recovery and Reinvestment 113938
Act State Fiscal Stabilization Fund) multiplied by eighty per 113939
cent] minus (the amount computed for the district for fiscal year 113940
2012 under Section 267.30.50 of this act).113941

        (B) For fiscal year 2013, the Department of Education shall 113942
compute and pay supplemental operating funding for districts 113943
allocated funding under this section for fiscal year 2012 113944
according to the following formula:113945

        [(The final amount computed for the district for fiscal year 113946
2012 under Section 267.30.50 of this act) plus (the final amount 113947
computed for the district for fiscal year 2012 under this 113948
section)] minus (the amount computed for the district for fiscal 113949
year 2013 under Section 267.30.50 of this act).113950

        (C) If the computation made under division (A) or (B) of this 113951
section results in a negative number, the district's funding under 113952
that division shall be zero.113953

       Section 267.30.60. FUNDING FOR JOINT VOCATIONAL SCHOOL 113954
DISTRICTS113955

        The Department of Education shall distribute funds within 113956
appropriation item 200550, Foundation Funding, for joint 113957
vocational funding in each fiscal year to each joint vocational 113958
school district that received joint vocational funding in fiscal 113959
year 2011. The Department shall distribute to each such district 113960
joint vocational funding in an amount equal to the district's 113961
total state foundation aid as reported on the final JVS payment 113962
report produced by the Department for the previous fiscal year.113963

       The joint vocational funding for each fiscal year for each 113964
district is the amount specified in this section less any general 113965
revenue fund spending reductions ordered by the Governor under 113966
section 126.05 of the Revised Code.113967

       Section 267.30.70. PROPERTY TAX ALLOCATION - EDUCATION113968

       The Superintendent of Public Instruction shall not request, 113969
and the Controlling Board shall not approve, the transfer of 113970
appropriation from appropriation item 200901, Property Tax 113971
Allocation - Education, to any other appropriation item.113972

       The appropriation item 200901, Property Tax Allocation - 113973
Education, is appropriated to pay for the state's costs incurred 113974
because of the homestead exemption, the property tax rollback, and 113975
payments required under division (C) of section 5705.2110 of the 113976
Revised Code. In cooperation with the Department of Taxation, the 113977
Department of Education shall distribute these funds directly to 113978
the appropriate school districts of the state, notwithstanding 113979
sections 321.24 and 323.156 of the Revised Code, which provide for 113980
payment of the homestead exemption and property tax rollback by 113981
the Tax Commissioner to the appropriate county treasurer and the 113982
subsequent redistribution of these funds to the appropriate local 113983
taxing districts by the county auditor.113984

       Upon receipt of these amounts, each school district shall 113985
distribute the amount among the proper funds as if it had been 113986
paid as real or tangible personal property taxes. Payments for the 113987
costs of administration shall continue to be paid to the county 113988
treasurer and county auditor as provided for in sections 319.54, 113989
321.26, and 323.156 of the Revised Code.113990

       Any sums, in addition to the amount specifically appropriated 113991
in appropriation items 200901, Property Tax Allocation - 113992
Education, for the homestead exemption and the property tax 113993
rollback payments, and payments required under division (C) of 113994
section 5705.2110 of the Revised Code, which are determined to be 113995
necessary for these purposes, are hereby appropriated.113996

       Section 267.30.80. TEACHER CERTIFICATION AND LICENSURE113997

       The foregoing appropriation item 200681, Teacher 113998
Certification and Licensure, shall be used by the Department of 113999
Education in each year of the biennium to administer and support 114000
teacher certification and licensure activities.114001

       SCHOOL DISTRICT SOLVENCY ASSISTANCE114002

       (A) Of the foregoing appropriation item 200687, School 114003
District Solvency Assistance, $20,000,000 in each fiscal year 114004
shall be allocated to the School District Shared Resource Account 114005
and $5,000,000 in each fiscal year shall be allocated to the 114006
Catastrophic Expenditures Account. These funds shall be used to 114007
provide assistance and grants to school districts to enable them 114008
to remain solvent under section 3316.20 of the Revised Code. 114009
Assistance and grants shall be subject to approval by the 114010
Controlling Board. Except as provided under division (C) of this 114011
section, any required reimbursements from school districts for 114012
solvency assistance shall be made to the appropriate account in 114013
the School District Solvency Assistance Fund (Fund 5H30).114014

       (B) Notwithstanding any provision of law to the contrary, 114015
upon the request of the Superintendent of Public Instruction, the 114016
Director of Budget and Management may make transfers to the School 114017
District Solvency Assistance Fund (Fund 5H30) from any fund used 114018
by the Department of Education or the General Revenue Fund to 114019
maintain sufficient cash balances in Fund 5H30 in fiscal years 114020
2012 and 2013. Any cash transferred is hereby appropriated. The 114021
transferred cash may be used by the Department of Education to 114022
provide assistance and grants to school districts to enable them 114023
to remain solvent and to pay unforeseeable expenses of a temporary 114024
or emergency nature that the school district is unable to pay from 114025
existing resources. The Director of Budget and Management shall 114026
notify the members of the Controlling Board of any such transfers.114027

        (C) If the cash balance of the School District Solvency 114028
Assistance Fund (Fund 5H30) is insufficient to pay solvency 114029
assistance in fiscal years 2012 and 2013, at the request of the 114030
Superintendent of Public Instruction, and with the approval of the 114031
Controlling Board, the Director of Budget and Management may 114032
transfer cash from the Lottery Profits Education Reserve Fund 114033
(Fund 7018) to Fund 5H30 to provide assistance and grants to 114034
school districts to enable them to remain solvent and to pay 114035
unforeseeable expenses of a temporary nature that they are unable 114036
to pay from existing resources under section 3316.20 of the 114037
Revised Code. Such transfers are hereby appropriated to 114038
appropriation item 200670, School District Solvency Assistance – 114039
Lottery. Any required reimbursements from school districts for 114040
solvency assistance granted from appropriation item 200670, School 114041
District Solvency Assistance – Lottery, shall be made to Fund 114042
7018.114043

       Section 267.30.90. SCHOOLS MEDICAID ADMINISTRATIVE CLAIMS114044

       Upon the request of the Superintendent of Public Instruction, 114045
the Director of Budget and Management may transfer up to $639,000 114046
cash in each fiscal year from the General Revenue Fund to the 114047
Schools Medicaid Administrative Claims Fund (Fund 3AF0). The 114048
transferred cash is to be used by the Department of Education to 114049
pay the expenses the Department incurs in administering the 114050
Medicaid School Component of the Medicaid program established 114051
under sections 5111.71 to 5111.715 of the Revised Code. On June 1 114052
of each fiscal year, or as soon as possible thereafter, the 114053
Director of Budget and Management shall transfer cash from Fund 114054
3AF0 back to the General Revenue Fund in an amount equal to the 114055
total amount transferred to Fund 3AF0 in that fiscal year.114056

       The money deposited into Fund 3AF0 under division (B) of 114057
section 5111.714 of the Revised Code is hereby appropriated for 114058
fiscal years 2012 and 2013 and shall be used in accordance with 114059
division (D) of section 5111.714 of the Revised Code.114060

       Section 267.40.10.  HALF-MILL MAINTENANCE EQUALIZATION114061

        The foregoing appropriation item 200626, Half-Mill 114062
Maintenance Equalization, shall be used to make payments pursuant 114063
to section 3318.18 of the Revised Code.114064

       Section 267.40.20. AUXILIARY SERVICES REIMBURSEMENT114065

       Notwithstanding section 3317.064 of the Revised Code, if the 114066
unexpended, unencumbered cash balance is sufficient, the Treasurer 114067
of State shall transfer $1,500,000 in fiscal year 2012 within 114068
thirty days after the effective date of this section, and 114069
$1,500,000 in fiscal year 2013 by August 1, 2012, from the 114070
Auxiliary Services Personnel Unemployment Compensation Fund to the 114071
Auxiliary Services Reimbursement Fund (Fund 5980) used by the 114072
Department of Education.114073

       COMMUNITY SCHOOL DROPOUT PROGRAMS114074

       The foregoing appropriation item 200679, Community School 114075
Dropout Programs, shall be used to make payments pursuant to 114076
section 3314.38 of the Revised Code. On July 1, 2011, or as soon 114077
as possible thereafter, and on July 1, 2012, or as soon as 114078
possible thereafter, the Director of Budget and Management shall 114079
transfer $1,000,000 from the Economic Development Programs Fund 114080
(Fund 5JC0) used by the Board of Regents to the Community School 114081
Dropout Programs Fund (Fund 5KK0) used by the Department of 114082
Education.114083

       Section 267.40.30. LOTTERY PROFITS EDUCATION FUND114084

       Appropriation item 200612, Foundation Funding (Fund 7017), 114085
shall be used in conjunction with appropriation item 200550, 114086
Foundation Funding (GRF), to provide state foundation payments to 114087
school districts.114088

       The Department of Education, with the approval of the 114089
Director of Budget and Management, shall determine the monthly 114090
distribution schedules of appropriation item 200550, Foundation 114091
Funding (GRF), and appropriation item 200612, Foundation Funding 114092
(Fund 7017). If adjustments to the monthly distribution schedule 114093
are necessary, the Department of Education shall make such 114094
adjustments with the approval of the Director of Budget and 114095
Management.114096

       Section 267.40.40. LOTTERY PROFITS EDUCATION RESERVE FUND114097

       (A) There is hereby created the Lottery Profits Education 114098
Reserve Fund (Fund 7018) in the State Treasury. Investment 114099
earnings of the Lottery Profits Education Reserve Fund shall be 114100
credited to the fund.114101

       (B) Notwithstanding any other provision of law to the 114102
contrary, the Director of Budget and Management may transfer cash 114103
from Fund 7018 to the Lottery Profits Education Fund (Fund 7017) 114104
in fiscal year 2012 and fiscal year 2013. Amounts transferred 114105
under this section are hereby appropriated.114106

       (C) On July 15, 2011, or as soon as possible thereafter, the 114107
Director of the Ohio Lottery Commission shall certify to the 114108
Director of Budget and Management the amount by which lottery 114109
profit transfers received by Fund 7017 exceeded $711,000,000 in 114110
fiscal year 2011. The Director of Budget and Management may 114111
transfer the amount so certified, plus the cash balance in Fund 114112
7017, to Fund 7018.114113

       (D) On July 15, 2012, or as soon as possible thereafter, the 114114
Director of the Ohio Lottery Commission shall certify to the 114115
Director of Budget and Management the amount by which lottery 114116
profit transfers received by Fund 7017 exceeded $717,500,000 in 114117
fiscal year 2012. The Director of Budget and Management may 114118
transfer the amount so certified, plus the cash balance in Fund 114119
7017, to Fund 7018.114120

       Section 267.40.50. GENERAL REVENUE FUND TRANSFERS TO SCHOOL 114121
DISTRICT PROPERTY TAX REPLACEMENT - BUSINESS (FUND 7047)114122

       Notwithstanding any provision of law to the contrary, in 114123
fiscal year 2012 and fiscal year 2013 the Director of Budget and 114124
Management may make temporary transfers between the General 114125
Revenue Fund and the School District Property Tax Replacement – 114126
Business Fund (Fund 7047) in the Department of Education to ensure 114127
sufficient balances in Fund 7047 and to replenish the General 114128
Revenue Fund for such transfers.114129

       Section 267.40.60. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - 114130
BUSINESS114131

       The foregoing appropriation item 200909, School District 114132
Property Tax Replacement – Business, shall be used by the 114133
Department of Education, in consultation with the Department of 114134
Taxation, to make payments to school districts and joint 114135
vocational school districts under section 5751.21 of the Revised 114136
Code. If it is determined by the Director of Budget and Management 114137
that additional appropriations are necessary for this purpose, 114138
such amounts are hereby appropriated.114139

       SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY114140

       The foregoing appropriation item 200900, School District 114141
Property Tax Replacement-Utility, shall be used by the Department 114142
of Education, in consultation with the Department of Taxation, to 114143
make payments to school districts and joint vocational school 114144
districts under section 5727.85 of the Revised Code. If it is 114145
determined by the Director of Budget and Management that 114146
additional appropriations are necessary for this purpose, such 114147
amounts are hereby appropriated.114148

       DISTRIBUTION FORMULAS114149

       The Department of Education shall report the following to the 114150
Director of Budget and Management and the Legislative Service 114151
Commission:114152

       (A) Changes in formulas for distributing state 114153
appropriations, including administratively defined formula 114154
factors;114155

       (B) Discretionary changes in formulas for distributing 114156
federal appropriations;114157

       (C) Federally mandated changes in formulas for distributing 114158
federal appropriations.114159

       Any such changes shall be reported two weeks prior to the 114160
effective date of the change.114161

       Section 267.40.70. EDUCATIONAL SERVICE CENTERS FUNDING114162

       In fiscal year 2012, each Educational Service Center shall 114163
receive funding equal to ninety per cent of the amount received in 114164
fiscal year 2011 under section 3317.11 of the Revised Code and 114165
Section 265.50.10 of Am. Sub. H.B. 1 of the 128th General 114166
Assembly.114167

       In fiscal year 2013, each Educational Service Center shall 114168
receive funding equal to eighty-five per cent of the amount 114169
received in fiscal year 2012 under this section.114170

       Notwithstanding any provision of law to the contrary, the 114171
Department of Education shall modify the payments under this 114172
section as follows:114173

       (A) If an educational service center ceases operation, the 114174
Department shall redistribute that center's funding, as calculated 114175
under this section, to the remaining centers in proportion to each 114176
center's service center ADM as defined in section 3317.11 of the 114177
Revised Code.114178

       (B) If two or more educational service centers merge 114179
operations to create a single service center, the Department shall 114180
distribute the sum of the original service centers' funding, as 114181
calculated under this section, to the new service center.114182

       Section 267.40.80. PRIVATE TREATMENT FACILITY PROJECT114183

       (A) As used in this section:114184

       (1) The following are "participating residential treatment 114185
centers":114186

       (a) Private residential treatment facilities that have 114187
entered into a contract with the Department of Youth Services to 114188
provide services to children placed at the facility by the 114189
Department and which, in fiscal year 2012 or fiscal year 2013 or 114190
both, the Department pays through appropriation item 470401, 114191
RECLAIM Ohio;114192

       (b) Abraxas, in Shelby;114193

       (c) Paint Creek, in Bainbridge;114194

       (d) F.I.R.S.T., in Mansfield.114195

       (2) "Education program" means an elementary or secondary 114196
education program or a special education program and related 114197
services.114198

       (3) "Served child" means any child receiving an education 114199
program pursuant to division (B) of this section.114200

       (4) "School district responsible for tuition" means a city, 114201
exempted village, or local school district that, if tuition 114202
payment for a child by a school district is required under law 114203
that existed in fiscal year 1998, is the school district required 114204
to pay that tuition.114205

       (5) "Residential child" means a child who resides in a 114206
participating residential treatment center and who is receiving an 114207
educational program under division (B) of this section.114208

       (B) A youth who is a resident of the state and has been 114209
assigned by a juvenile court or other authorized agency to a 114210
residential treatment facility specified in division (A) of this 114211
section shall be enrolled in an approved educational program 114212
located in or near the facility. Approval of the educational 114213
program shall be contingent upon compliance with the criteria 114214
established for such programs by the Department of Education. The 114215
educational program shall be provided by a school district or 114216
educational service center, or by the residential facility itself. 114217
Maximum flexibility shall be given to the residential treatment 114218
facility to determine the provider. In the event that a voluntary 114219
agreement cannot be reached and the residential facility does not 114220
choose to provide the educational program, the educational service 114221
center in the county in which the facility is located shall 114222
provide the educational program at the treatment center to 114223
children under twenty-two years of age residing in the treatment 114224
center.114225

       (C) Any school district responsible for tuition for a 114226
residential child shall, notwithstanding any conflicting provision 114227
of the Revised Code regarding tuition payment, pay tuition for the 114228
child for fiscal year 2012 and fiscal year 2013 to the education 114229
program provider and in the amount specified in this division. If 114230
there is no school district responsible for tuition for a 114231
residential child and if the participating residential treatment 114232
center to which the child is assigned is located in the city, 114233
exempted village, or local school district that, if the child were 114234
not a resident of that treatment center, would be the school 114235
district where the child is entitled to attend school under 114236
sections 3313.64 and 3313.65 of the Revised Code, that school 114237
district, notwithstanding any conflicting provision of the Revised 114238
Code, shall pay tuition for the child for fiscal year 2012 and 114239
fiscal year 2013 under this division unless that school district 114240
is providing the educational program to the child under division 114241
(B) of this section.114242

       A tuition payment under this division shall be made to the 114243
school district, educational service center, or residential 114244
treatment facility providing the educational program to the child.114245

       The amount of tuition paid shall be:114246

       (1) The amount of tuition determined for the district under 114247
division (A) of section 3317.08 of the Revised Code;114248

       (2) In addition, for any student receiving special education 114249
pursuant to an individualized education program as defined in 114250
section 3323.01 of the Revised Code, a payment for excess costs. 114251
This payment shall equal the actual cost to the school district, 114252
educational service center, or residential treatment facility of 114253
providing special education and related services to the student 114254
pursuant to the student's individualized education program, minus 114255
the tuition paid for the child under division (C)(1) of this 114256
section.114257

       A school district paying tuition under this division shall 114258
not include the child for whom tuition is paid in the district's 114259
average daily membership certified under division (A) of section 114260
3317.03 of the Revised Code.114261

       (D) In each of fiscal years 2012 and 2013, the Department of 114262
Education shall reimburse, from appropriations made for the 114263
purpose, a school district, educational service center, or 114264
residential treatment facility, whichever is providing the 114265
service, that has demonstrated that it is in compliance with the 114266
funding criteria for each served child for whom a school district 114267
must pay tuition under division (C) of this section. The amount of 114268
the reimbursement shall be the amount appropriated for this 114269
purpose divided by the full-time equivalent number of children for 114270
whom reimbursement is to be made.114271

       (E) Funds provided to a school district, educational service 114272
center, or residential treatment facility under this section shall 114273
be used to supplement, not supplant, funds from other public 114274
sources for which the school district, service center, or 114275
residential treatment facility is entitled or eligible.114276

       (F) The Department of Education shall track the utilization 114277
of funds provided to school districts, educational service 114278
centers, and residential treatment facilities under this section 114279
and monitor the effect of the funding on the educational programs 114280
they provide in participating residential treatment facilities. 114281
The Department shall monitor the programs for educational 114282
accountability.114283

       Section 267.40.90. SCHOOL DISTRICT PARTICIPATION IN NATIONAL 114284
ASSESSMENT OF EDUCATION PROGRESS114285

       The General Assembly intends for the Superintendent of Public 114286
Instruction to provide for school district participation in the 114287
administration of the National Assessment of Education Progress in 114288
accordance with section 3301.27 of the Revised Code. Each school 114289
and school district selected for participation by the 114290
Superintendent of Public Instruction shall participate.114291

       Section 267.50.10. COMMUNITY SCHOOL FUNDING GUARANTEE FOR SBH 114292
STUDENTS114293

       (A) As used in this section:114294

       (1) "IEP" has the same meaning as in section 3323.01 of the 114295
Revised Code.114296

       (2) "SBH student" means a student receiving special education 114297
and related services for severe behavior disabilities pursuant to 114298
an IEP.114299

       (B) This section applies only to a community school 114300
established under Chapter 3314. of the Revised Code that in each 114301
of fiscal years 2012 and 2013 enrolls a number of SBH students 114302
equal to at least fifty per cent of the total number of students 114303
enrolled in the school in the applicable fiscal year.114304

       (C) In addition to any state foundation payments made, in 114305
each of fiscal years 2012 and 2013, the Department of Education 114306
shall pay to a community school to which this section applies a 114307
subsidy equal to the difference between the aggregate amount 114308
calculated and paid in that fiscal year to the community school 114309
for special education and related services additional weighted 114310
costs for the SBH students enrolled in the school and the 114311
aggregate amount that would have been calculated for the school 114312
for special education and related services additional weighted 114313
costs for those same students in fiscal year 2001. If the 114314
difference is a negative number, the amount of the subsidy shall 114315
be zero.114316

       (D) The amount of any subsidy paid to a community school 114317
under this section shall not be deducted from the school district 114318
in which any of the students enrolled in the community school are 114319
entitled to attend school under section 3313.64 or 3313.65 of the 114320
Revised Code. The amount of any subsidy paid to a community school 114321
under this section shall be paid from funds appropriated to the 114322
Department of Education in appropriation item 200550, Foundation 114323
Funding.114324

       Section 267.50.20. EARMARK ACCOUNTABILITY114325

       At the request of the Superintendent of Public Instruction, 114326
any entity that receives a budget earmark under the Department of 114327
Education shall submit annually to the chairpersons of the 114328
committees of the House of Representatives and the Senate 114329
primarily concerned with education and to the Department of 114330
Education a report that includes a description of the services 114331
supported by the funds, a description of the results achieved by 114332
those services, an analysis of the effectiveness of the program, 114333
and an opinion as to the program's applicability to other school 114334
districts. For an earmarked entity that received state funds from 114335
an earmark in the prior fiscal year, no funds shall be provided by 114336
the Department of Education to an earmarked entity for a fiscal 114337
year until its report for the prior fiscal year has been 114338
submitted.114339

       Section 267.50.30. PROHIBITION FROM OPERATING FROM HOME114340

       No community school established under Chapter 3314. of the 114341
Revised Code that was not open for operation as of May 1, 2005, 114342
shall operate from a home, as defined in section 3313.64 of the 114343
Revised Code.114344

       Section 267.50.40. EARLY COLLEGE START UP COMMUNITY SCHOOL114345

       (A) As used in this section:114346

       (1) "Big eight school district" has the same meaning as in 114347
section 3314.02 of the Revised Code.114348

       (2) "Early college high school" means a high school that 114349
provides students with a personalized learning plan based on an 114350
accelerated curriculum combining high school and college-level 114351
coursework.114352

       (B) Any early college high school that is operated by a big 114353
eight school district in partnership with a private university may 114354
operate as a new start-up community school under Chapter 3314. of 114355
the Revised Code beginning in the 2007-2008 school year, if all of 114356
the following conditions are met:114357

       (1) The governing authority and sponsor of the school enter 114358
into a contract in accordance with section 3314.03 of the Revised 114359
Code and, notwithstanding division (D) of section 3314.02 of the 114360
Revised Code, both parties adopt and sign the contract by July 9, 114361
2007.114362

       (2) Notwithstanding division (A) of former section 3314.016 114363
of the Revised Code, the school's governing authority enters into 114364
a contract with the private university under which the university 114365
will be the school's operator.114366

       (3) The school provides the same educational program the 114367
school provided while part of the big eight school district.114368

       Section 267.50.50. USE OF VOLUNTEERS114369

       The Department of Education may utilize the services of 114370
volunteers to accomplish any of the purposes of the Department. 114371
The Superintendent of Public Instruction shall approve for what 114372
purposes volunteers may be used and for these purposes may 114373
recruit, train, and oversee the services of volunteers. The 114374
Superintendent may reimburse volunteers for necessary and 114375
appropriate expenses in accordance with state guidelines and may 114376
designate volunteers as state employees for the purpose of motor 114377
vehicle accident liability insurance under section 9.83 of the 114378
Revised Code, for immunity under section 9.86 of the Revised Code, 114379
and for indemnification from liability incurred in the performance 114380
of their duties under section 9.87 of the Revised Code.114381

       Section 267.50.60. RESTRICTION OF LIABILITY FOR CERTAIN 114382
REIMBURSEMENTS114383

       (A) Except as expressly required under a court judgment not 114384
subject to further appeals, or a settlement agreement with a 114385
school district executed on or before June 1, 2009, in the case of 114386
a school district for which the formula ADM for fiscal year 2005, 114387
as reported for that fiscal year under division (A) of section 114388
3317.03 of the Revised Code, was reduced based on enrollment 114389
reports for community schools, made under section 3314.08 of the 114390
Revised Code, regarding students entitled to attend school in the 114391
district, which reduction of formula ADM resulted in a reduction 114392
of foundation funding or transitional aid funding for fiscal year 114393
2005, 2006, or 2007, no school district, except a district named 114394
in the court's judgment or the settlement agreement, shall have a 114395
legal claim for reimbursement of the amount of such reduction in 114396
foundation funding or transitional aid funding, and the state 114397
shall not have liability for reimbursement of the amount of such 114398
reduction in foundation funding or transitional aid funding. 114399

       (B) As used in this section: 114400

       (1) "Community school" means a community school established 114401
under Chapter 3314. of the Revised Code.114402

       (2) "Entitled to attend school" means entitled to attend 114403
school in a school district under section 3313.64 or 3313.65 of 114404
the Revised Code. 114405

       (3) "Foundation funding" means payments calculated for the 114406
respective fiscal year under Chapter 3317. of the Revised Code.114407

       (4) "Transitional aid funding" means payments calculated for 114408
the respective fiscal year under Section 41.37 of Am. Sub. H.B. 95 114409
of the 125th General Assembly, as subsequently amended; Section 114410
206.09.39 of Am. Sub. H.B. 66 of the 126th General Assembly, as 114411
subsequently amended; and Section 269.30.80 of Am. Sub. H.B. 119 114412
of the 127th General Assembly. 114413

       Section 267.50.70.  UNAUDITABLE COMMUNITY SCHOOL114414

       (A) If the Auditor of State or a public accountant, pursuant 114415
to section 117.41 of the Revised Code, declares a community school 114416
established under Chapter 3314. of the Revised Code to be 114417
unauditable, the Auditor of State shall provide written 114418
notification of that declaration to the school, the school's 114419
sponsor, and the Department of Education. The Auditor of State 114420
also shall post the notification on the Auditor of State's web 114421
site.114422

       (B) Notwithstanding any provision to the contrary in Chapter 114423
3314. of the Revised Code or any other provision of law, a sponsor 114424
of a community school that is notified by the Auditor of State 114425
under division (A) of this section that a community school it 114426
sponsors is unauditable shall not enter into contracts with any 114427
additional community schools under section 3314.03 of the Revised 114428
Code until the Auditor of State or a public accountant has 114429
completed a financial audit of that school.114430

       (C) Not later than forty-five days after receiving 114431
notification by the Auditor of State under division (A) of this 114432
section that a community school is unauditable, the sponsor of the 114433
school shall provide a written response to the Auditor of State. 114434
The response shall include the following:114435

       (1) An overview of the process the sponsor will use to review 114436
and understand the circumstances that led to the community school 114437
becoming unauditable;114438

       (2) A plan for providing the Auditor of State with the 114439
documentation necessary to complete an audit of the community 114440
school and for ensuring that all financial documents are available 114441
in the future;114442

       (3) The actions the sponsor will take to ensure that the plan 114443
described in division (C)(2) of this section is implemented.114444

       (D) If a community school fails to make reasonable efforts 114445
and continuing progress to bring its accounts, records, files, or 114446
reports into an auditable condition within ninety days after being 114447
declared unauditable, the Auditor of State, in addition to 114448
requesting legal action under sections 117.41 and 117.42 of the 114449
Revised Code, shall notify the Department of the school's failure. 114450
If the Auditor of State or a public accountant subsequently is 114451
able to complete a financial audit of the school, the Auditor of 114452
State shall notify the Department that the audit has been 114453
completed.114454

       (E) Notwithstanding any provision to the contrary in Chapter 114455
3314. of the Revised Code or any other provision of law, upon 114456
notification by the Auditor of State under division (D) of this 114457
section that a community school has failed to make reasonable 114458
efforts and continuing progress to bring its accounts, records, 114459
files, or reports into an auditable condition following a 114460
declaration that the school is unauditable, the Department shall 114461
immediately cease all payments to the school under Chapter 3314. 114462
of the Revised Code and any other provision of law. Upon 114463
subsequent notification from the Auditor of State under that 114464
division that the Auditor of State or a public accountant was able 114465
to complete a financial audit of the community school, the 114466
Department shall release all funds withheld from the school under 114467
this section.114468

       Section 267.50.80.  FLEXIBLE FUNDING FOR FAMILIES AND 114469
CHILDREN114470

       In collaboration with the County Family and Children First 114471
Council, a city, local, or exempted village school district, 114472
community school, STEM school, joint vocational school district, 114473
educational service center, or county board of developmental 114474
disabilities that receives allocations from the Department of 114475
Education from appropriation item 200550, Foundation Funding, or 114476
appropriation item 200540, Special Education Enhancements, may 114477
transfer portions of those allocations to a flexible funding pool 114478
authorized by the Section of this act entitled "FAMILY AND 114479
CHILDREN FIRST FLEXIBLE FUNDING POOL." Allocations used for 114480
maintenance of effort or for federal or state funding matching 114481
requirements shall not be transferred unless the allocation may 114482
still be used to meet such requirements. 114483

       Section 267.50.90.  EDUCATIONAL SHARED SERVICES MODEL114484

       The Governor's Director of 21st Century Education shall 114485
develop a plan for the integration and consolidation of the 114486
publicly supported regional shared services organizations serving 114487
Ohio's public and chartered nonpublic schools, including 114488
recommendations for implementation of the plan beginning July 1, 114489
2012.114490

       In preparing the plan, the Director shall recommend 114491
educational support organizations to be considered for integration 114492
into the educational service center system. The organizations to 114493
be considered for integration shall include, but shall not be 114494
limited to, education technology centers, information technology 114495
centers, area media centers, Ohio's statewide system of support, 114496
the education regional service system, regional advisory boards, 114497
and regional staff from the Department of Education providing 114498
direct support to school districts.114499

       In preparing the recommendations, the Director shall include 114500
an examination of services offered to public and chartered 114501
nonpublic schools and recommendations for integration of services 114502
into a shared services model. Services to be considered shall 114503
include, but shall not be limited to, general instruction, special 114504
education, gifted education, academic leadership, technology, 114505
fiscal management, transportation, food services, human resources, 114506
employee benefits, pooled purchasing, professional development, 114507
and noninstructional support.114508

       Not later than October 15, 2011, the Director shall conduct a 114509
shared services survey of Ohio's school districts, community 114510
schools, STEM schools, chartered nonpublic schools, joint 114511
vocational school districts, and other educational service 114512
providers and local political subdivisions to gather baseline data 114513
on the current status of shared services and to determine where 114514
opportunities for additional shared services exist.114515

       Not later than January 1, 2012, the Director shall submit to 114516
the Governor and the General Assembly, in accordance with section 114517
101.68 of the Revised Code, legislative recommendations for 114518
implementation of the plan. 114519

       Section 267.60.10. If there are unencumbered moneys remaining 114520
on July 1, 2011, in a school district's textbook and instructional 114521
materials fund, as required by former section 3315.17 of the 114522
Revised Code, the district board of education may transfer those 114523
moneys to the district's general fund and may use such moneys for 114524
any purpose authorized for general fund moneys.114525

       Section 267.60.20. A new conversion community school 114526
established under division (B) of section 3314.02 of the Revised 114527
Code may open for operation in the 2011-2012 school year, 114528
notwithstanding the deadlines prescribed by division (D) of 114529
section 3314.02 of the Revised Code for adoption and signing of 114530
the contract under section 3314.03 of the Revised Code, but those 114531
parties shall adopt and sign the contract, and file a copy of it 114532
with the Superintendent of Public Instruction, prior to the 114533
school's opening.114534

       Section 269.10. ELC OHIO ELECTIONS COMMISSION114535

General Revenue Fund114536

GRF 051321 Operating Expenses $ 333,117 $ 333,117 114537
TOTAL GRF General Revenue Fund $ 333,117 $ 333,117 114538

General Services Fund Group114539

4P20 051601 Ohio Elections Commission Fund $ 225,000 $ 225,000 114540
TOTAL GSF General Services Fund Group $ 225,000 $ 225,000 114541
TOTAL ALL BUDGET FUND GROUPS $ 558,117 $ 558,117 114542


       Section 271.10. FUN STATE BOARD OF EMBALMERS AND FUNERAL 114544
DIRECTORS114545

General Services Fund Group114546

4K90 881609 Operating Expenses $ 561,494 $ 551,958 114547
TOTAL GSF General Services 114548
Fund Group $ 561,494 $ 551,958 114549
TOTAL ALL BUDGET FUND GROUPS $ 561,494 $ 551,958 114550


       Section 273.10. PAY EMPLOYEE BENEFITS FUNDS114552

Accrued Leave Liability Fund Group114553

8060 995666 Accrued Leave Fund $ 72,053,178 $ 71,828,986 114554
8070 995667 Disability Fund $ 27,616,583 $ 26,593,747 114555
TOTAL ALF Accrued Leave Liability 114556
Fund Group $ 99,669,761 $ 98,422,733 114557

Agency Fund Group114558

1240 995673 Payroll Deductions $ 855,456,678 $ 840,248,559 114559
8080 995668 State Employee Health Benefit Fund $ 590,265,468 $ 649,292,014 114560
8090 995669 Dependent Care Spending Account $ 2,881,273 $ 2,967,711 114561
8100 995670 Life Insurance Investment Fund $ 2,080,634 $ 2,143,053 114562
8110 995671 Parental Leave Benefit Fund $ 3,484,737 $ 3,355,673 114563
8130 995672 Health Care Spending Account $ 8,588,262 $ 9,447,088 114564
8140 995674 Cost Savings Days $ 50,000,000 $ 0 114565
TOTAL AGY Agency Fund Group $ 1,512,757,052 $ 1,507,454,098 114566
114567

TOTAL ALL BUDGET FUND GROUPS $ 1,612,426,813 $ 1,605,876,831 114568

       ACCRUED LEAVE LIABILITY FUND114569

       The foregoing appropriation item 995666, Accrued Leave Fund, 114570
shall be used to make payments from the Accrued Leave Liability 114571
Fund (Fund 8060) pursuant to section 125.211 of the Revised Code. 114572
If it is determined by the Director of Budget and Management that 114573
additional amounts are necessary, the amounts are hereby 114574
appropriated.114575

       STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND114576

       The foregoing appropriation item 995667, Disability Fund, 114577
shall be used to make payments from the State Employee Disability 114578
Leave Benefit Fund (Fund 8070) pursuant to section 124.83 of the 114579
Revised Code. If it is determined by the Director of Budget and 114580
Management that additional amounts are necessary, the amounts are 114581
hereby appropriated.114582

       PAYROLL WITHHOLDING FUND114583

       The foregoing appropriation item 995673, Payroll Deductions, 114584
shall be used to make payments from the Payroll Withholding Fund 114585
(Fund 1240). If it is determined by the Director of Budget and 114586
Management that additional appropriation amounts are necessary, 114587
the amounts are hereby appropriated.114588

       STATE EMPLOYEE HEALTH BENEFIT FUND114589

       The foregoing appropriation item 995668, State Employee 114590
Health Benefit Fund, shall be used to make payments from the State 114591
Employee Health Benefit Fund (Fund 8080) pursuant to section 114592
124.87 of the Revised Code. If it is determined by the Director of 114593
Budget and Management that additional amounts are necessary, the 114594
amounts are hereby appropriated.114595

       DEPENDENT CARE SPENDING FUND114596

       The foregoing appropriation item 995669, Dependent Care 114597
Spending Account, shall be used to make payments from the 114598
Dependent Care Spending Fund (Fund 8090) to employees eligible for 114599
dependent care expenses. If it is determined by the Director of 114600
Budget and Management that additional amounts are necessary, the 114601
amounts are hereby appropriated.114602

       LIFE INSURANCE INVESTMENT FUND114603

       The foregoing appropriation item 995670, Life Insurance 114604
Investment Fund, shall be used to make payments from the Life 114605
Insurance Investment Fund (Fund 8100) for the costs and expenses 114606
of the state's life insurance benefit program pursuant to section 114607
125.212 of the Revised Code. If it is determined by the Director 114608
of Budget and Management that additional amounts are necessary, 114609
the amounts are hereby appropriated.114610

       PARENTAL LEAVE BENEFIT FUND114611

       The foregoing appropriation item 995671, Parental Leave 114612
Benefit Fund, shall be used to make payments from the Parental 114613
Leave Benefit Fund (Fund 8110) to employees eligible for parental 114614
leave benefits pursuant to section 124.137 of the Revised Code. If 114615
it is determined by the Director of Budget and Management that 114616
additional amounts are necessary, the amounts are hereby 114617
appropriated.114618

       HEALTH CARE SPENDING ACCOUNT FUND114619

       The foregoing appropriation item 995672, Health Care Spending 114620
Account, shall be used to make payments from the Health Care 114621
Spending Account Fund (Fund 8130) for payments pursuant to state 114622
employees' participation in a flexible spending account for 114623
non-reimbursed health care expenses and section 124.821 of the 114624
Revised Code. If it is determined by the Director of 114625
Administrative Services that additional appropriation amounts are 114626
necessary, the Director of Administrative Services may request 114627
that the Director of Budget and Management increase such amounts. 114628
Such amounts are hereby appropriated.114629

       At the request of the Director of Administrative Services, 114630
the Director of Budget and Management may transfer up to $600,000 114631
annually from the General Revenue Fund to the Health Care Spending 114632
Account Fund during fiscal years 2012 and 2013. This cash shall be 114633
transferred as needed to provide adequate cash flow for the Health 114634
Care Spending Account Fund during fiscal year 2012 and fiscal year 114635
2013. If funds are available at the end of fiscal years 2012 and 114636
2013, the Director of Budget and Management shall transfer cash up 114637
to the amount previously transferred in the respective year, plus 114638
interest income, from the Health Care Spending Account (Fund 8130) 114639
to the General Revenue Fund.114640

       COST SAVINGS DAYS114641

       The foregoing appropriation item, 995674, Cost Savings Days, 114642
shall be used by the Director of Budget and Management in 114643
accordance with division (E) of section 124.392 of the Revised 114644
Code to pay employees who participated in a mandatory cost savings 114645
program, or to reimburse employees who did not fully participate 114646
in a mandatory cost savings program. Notwithstanding any provision 114647
of law to the contrary, in fiscal year 2012 and fiscal year 2013, 114648
the Director may transfer agency savings achieved from the use of 114649
a mandatory cost savings program to the General Revenue Fund or 114650
any other fund as deemed necessary by the Director. The Director 114651
may make temporary transfers from the General Revenue Fund to 114652
ensure sufficient balances in the Cost Savings Fund and may 114653
reimburse the General Revenue Fund for such transfers. If the 114654
Director determines that additional amounts are necessary for 114655
these purposes, the amounts are hereby appropriated.114656

       Section 273.20. CASH TRANSFER TO PAYROLL WITHHOLDING FUND114657

       The Director of Budget and Management may transfer $561,897 114658
in cash from the Health Care Spending Account Fund (Fund 8130) to 114659
the Payroll Withholding Fund (Fund 1240) to correct payments made 114660
from the Payroll Withholding Fund that should have been made from 114661
the Health Care Spending Account Fund. 114662

       Section 275.10.  ERB STATE EMPLOYMENT RELATIONS BOARD114663

General Revenue Fund114664

GRF 125321 Operating Expenses $ 3,758,869 $ 3,761,457 114665
TOTAL GRF General Revenue Fund $ 3,758,869 $ 3,761,457 114666

General Services Fund Group114667

5720 125603 Training and Publications $ 87,075 $ 87,075 114668
TOTAL GSF General Services 114669
Fund Group $ 87,075 $ 87,075 114670
TOTAL ALL BUDGET FUND GROUPS $ 3,845,944 $ 3,848,532 114671


       Section 277.10. ENG STATE BOARD OF ENGINEERS AND SURVEYORS114673

General Services Fund Group114674

4K90 892609 Operating Expenses $ 934,264 $ 921,778 114675
TOTAL GSF General Services 114676
Fund Group $ 934,264 $ 921,778 114677
TOTAL ALL BUDGET FUND GROUPS $ 934,264 $ 921,778 114678


       Section 279.10. EPA ENVIRONMENTAL PROTECTION AGENCY114680

General Services Fund Group114681

1990 715602 Laboratory Services $ 402,295 $ 408,560 114682
2190 715604 Central Support Indirect $ 8,594,348 $ 8,555,680 114683
4A10 715640 Operating Expenses $ 2,304,267 $ 2,093,039 114684
TOTAL GSF General Services 114685
Fund Group $ 11,300,910 $ 11,057,279 114686

Federal Special Revenue Fund Group114687

3530 715612 Public Water Supply $ 2,941,282 $ 2,941,282 114688
3540 715614 Hazardous Waste Management - Federal $ 4,193,000 $ 4,193,000 114689
3570 715619 Air Pollution Control - Federal $ 6,310,203 $ 6,310,203 114690
3620 715605 Underground Injection Control - Federal $ 111,874 $ 111,874 114691
3BU0 715684 Water Quality Protection $ 8,100,000 $ 6,785,000 114692
3CS0 715688 Federal NRD Settlements $ 100,000 $ 100,000 114693
3F20 715630 Revolving Loan Fund - Operating $ 907,543 $ 907,543 114694
3F30 715632 Federally Supported Cleanup and Response $ 3,344,746 $ 3,290,405 114695
3F50 715641 Nonpoint Source Pollution Management $ 6,265,000 $ 6,260,000 114696
3T30 715669 Drinking Water State Revolving Fund $ 2,273,323 $ 2,273,323 114697
3V70 715606 Agencywide Grants $ 600,000 $ 600,000 114698
TOTAL FED Federal Special Revenue 114699
Fund Group $ 35,146,971 $ 33,772,630 114700

State Special Revenue Fund Group114701

4J00 715638 Underground Injection Control $ 445,234 $ 445,571 114702
4K20 715648 Clean Air - Non Title V $ 3,152,306 $ 2,906,267 114703
4K30 715649 Solid Waste $ 16,742,551 $ 16,414,654 114704
4K40 715650 Surface Water Protection $ 7,642,625 $ 6,672,246 114705
4K40 715686 Environmental Lab Service $ 2,096,007 $ 2,096,007 114706
4K50 715651 Drinking Water Protection $ 7,410,118 $ 7,405,428 114707
4P50 715654 Cozart Landfill $ 100,000 $ 100,000 114708
4R50 715656 Scrap Tire Management $ 1,368,610 $ 1,376,742 114709
4R90 715658 Voluntary Action Program $ 999,503 $ 997,425 114710
4T30 715659 Clean Air - Title V Permit Program $ 16,349,471 $ 16,241,822 114711
4U70 715660 Construction and Demolition Debris $ 425,913 $ 433,591 114712
5000 715608 Immediate Removal Special Account $ 633,832 $ 634,033 114713
5030 715621 Hazardous Waste Facility Management $ 10,241,107 $ 9,789,620 114714
5050 715623 Hazardous Waste Cleanup $ 12,511,234 $ 12,331,272 114715
5050 715674 Clean Ohio Environmental Review $ 108,104 $ 108,104 114716
5410 715670 Site Specific Cleanup $ 2,048,101 $ 2,048,101 114717
5420 715671 Risk Management Reporting $ 132,636 $ 132,636 114718
5920 715627 Anti Tampering Settlement $ 2,285 $ 2,285 114719
5BC0 715617 Clean Ohio $ 611,455 $ 611,455 114720
5BC0 715622 Local Air Pollution Control $ 2,297,980 $ 2,297,980 114721
5BC0 715624 Surface Water $ 8,970,181 $ 9,114,974 114722
5BC0 715672 Air Pollution Control $ 4,438,629 $ 4,534,758 114723
5BC0 715673 Drinking and Ground Water $ 4,317,527 $ 4,323,521 114724
5BC0 715675 Hazardous Waste $ 95,266 $ 95,266 114725
5BC0 715676 Assistance and Prevention $ 640,179 $ 645,069 114726
5BC0 715677 Laboratory $ 939,717 $ 958,586 114727
5BC0 715678 Corrective Actions $ 31,765 $ 105,423 114728
5BC0 715687 Areawide Planning Agencies $ 450,000 $ 450,000 114729
5BC0 715692 Administration $ 8,562,476 $ 8,212,627 114730
5BT0 715679 C&DD Groundwater Monitoring $ 203,800 $ 203,800 114731
5BY0 715681 Auto Emissions Test $ 13,029,952 $ 13,242,762 114732
5CD0 715682 Clean Diesel School Buses $ 600,000 $ 600,000 114733
5H40 715664 Groundwater Support $ 77,508 $ 78,212 114734
5N20 715613 Dredge and Fill $ 29,250 $ 29,250 114735
5Y30 715685 Surface Water Improvement $ 2,800,000 $ 2,800,000 114736
6440 715631 ER Radiological Safety $ 279,838 $ 279,966 114737
6600 715629 Infectious Waste Management $ 91,573 $ 88,764 114738
6760 715642 Water Pollution Control Loan Administration $ 4,317,376 $ 4,321,605 114739
6780 715635 Air Toxic Release $ 138,669 $ 138,669 114740
6790 715636 Emergency Planning $ 2,623,192 $ 2,623,252 114741
6960 715643 Air Pollution Control Administration $ 1,480,651 $ 1,480,812 114742
6990 715644 Water Pollution Control Administration $ 220,000 $ 220,000 114743
6A10 715645 Environmental Education $ 1,488,260 $ 1,488,718 114744
TOTAL SSR State Special Revenue Fund Group $ 141,144,881 $ 139,081,273 114745

Clean Ohio Conservation Fund Group114746

5S10 715607 Clean Ohio - Operating $ 284,083 $ 284,124 114747
TOTAL CLF Clean Ohio Conservation Fund Group $ 284,083 $ 284,124 114748
TOTAL ALL BUDGET FUND GROUPS $ 187,876,845 $ 184,195,306 114749

       AUTOMOBILE EMISSIONS TESTING PROGRAM OPERATION AND OVERSIGHT114750

        On July 1 of each fiscal year, or as soon as possible 114751
thereafter, the Director of Budget and Management may transfer up 114752
to $13,029,952 in cash in fiscal year 2012, and up to $13,242,762 114753
in cash in fiscal year 2013 from the General Revenue Fund to the 114754
Auto Emissions Test Fund (Fund 5BY0) for the operation and 114755
oversight of the auto emissions testing program.114756

       AREAWIDE PLANNING AGENCIES114757

       The Director of Environmental Protection Agency may award 114758
grants from appropriation item 715687, Areawide Planning Agencies, 114759
to areawide planning agencies engaged in areawide water quality 114760
management and planning activities in accordance with Section 208 114761
of the "Federal Clean Water Act," 33 U.S.C. 1288.114762

       CORRECTIVE CASH TRANSFERS114763

       On July 1, 2011, or as soon as possible thereafter, the 114764
Director of Budget and Management shall transfer $376,891.85 in 114765
cash that was mistakenly deposited in the Clean Air Non Title V 114766
Fund (Fund 4K20) to the Clean Air Title V Permit Fund (Fund 4T30).114767

       On July 1, 2011, or as soon as possible thereafter, the 114768
Director of Budget and Management shall transfer $133,026.63 in 114769
cash that was mistakenly deposited in the Scrap Tire Management 114770
Fund (Fund 4R50) to the Site Specific Cleanup Fund (Fund 5410).114771

       Section 281.10. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION114772

General Revenue Fund114773

GRF 172321 Operating Expenses $ 545,530 $ 545,530 114774
TOTAL GRF General Revenue Fund $ 545,530 $ 545,530 114775
TOTAL ALL BUDGET FUND GROUPS $ 545,530 $ 545,530 114776


       Section 283.10. ETC ETECH OHIO114778

General Revenue Fund114779

GRF 935401 Statehouse News Bureau $ 215,561 $ 215,561 114780
GRF 935402 Ohio Government Telecommunications Services $ 702,089 $ 702,089 114781
GRF 935408 General Operations $ 1,251,789 $ 1,254,193 114782
GRF 935409 Technology Operations $ 2,092,432 $ 2,091,823 114783
GRF 935410 Content Development, Acquisition, and Distribution $ 2,607,094 $ 2,607,094 114784
GRF 935411 Technology Integration and Professional Development $ 4,251,185 $ 4,252,671 114785
GRF 935412 Information Technology $ 829,340 $ 829,963 114786
TOTAL GRF General Revenue Fund $ 11,949,490 $ 11,953,394 114787

General Services Fund Group114788

4F30 935603 Affiliate Services $ 50,000 $ 50,000 114789
4T20 935605 Government Television/Telecommunications Operating $ 25,000 $ 25,000 114790
TOTAL GSF General Services Fund Group $ 75,000 $ 75,000 114791

State Special Revenue Fund Group114792

4W90 935630 Telecommunity $ 25,000 $ 25,000 114793
4X10 935634 Distance Learning $ 24,150 $ 24,150 114794
5D40 935640 Conference/Special Purposes $ 2,812,039 $ 2,813,539 114795
5FK0 935608 Media Services $ 637,601 $ 637,956 114796
5JU0 935611 Information Technology Services $ 1,455,000 $ 1,455,000 114797
5T30 935607 Gates Foundation Grants $ 200,000 $ 171,112 114798
TOTAL SSR State Special Revenue Fund Group $ 5,153,790 $ 5,126,757 114799
TOTAL ALL BUDGET FUND GROUPS $ 17,178,280 $ 17,155,151 114800


       Section 283.20.  STATEHOUSE NEWS BUREAU114802

       The foregoing appropriation item 935401, Statehouse News 114803
Bureau, shall be used solely to support the operations of the Ohio 114804
Statehouse News Bureau.114805

       OHIO GOVERNMENT TELECOMMUNICATIONS SERVICES114806

       The foregoing appropriation item 935402, Ohio Government 114807
Telecommunications Services, shall be used solely to support the 114808
operations of Ohio Government Telecommunications Services which 114809
include providing multimedia support to the state government and 114810
its affiliated organizations and broadcasting the activities of 114811
the legislative, judicial, and executive branches of state 114812
government, among its other functions.114813

       TECHNOLOGY OPERATIONS114814

       The foregoing appropriation item 935409, Technology 114815
Operations, shall be used by eTech Ohio to pay expenses of eTech 114816
Ohio's network infrastructure, which includes the television and 114817
radio transmission infrastructure and infrastructure that shall 114818
link all public K-12 classrooms to each other and to the Internet, 114819
and provide access to voice, video, other communication services, 114820
and data educational resources for students and teachers. The 114821
foregoing appropriation item 935409, Technology Operations, may 114822
also be used to cover student costs for taking advanced placement 114823
courses and courses that the Chancellor of the Board of Regents 114824
has determined to be eligible for postsecondary credit through the 114825
Ohio Learns Gateway. To the extent that funds remain available for 114826
this purpose, public school students taking advanced placement or 114827
postsecondary courses through the OhioLearns Gateway shall be 114828
eligible to receive a fee waiver to cover the cost of 114829
participating in one course. The fee waivers shall be distributed 114830
until the funds appropriated to support the waivers have been 114831
exhausted.114832

       CONTENT DEVELOPMENT, ACQUISITION, AND DISTRIBUTION114833

       The foregoing appropriation item 935410, Content Development, 114834
Acquisition, and Distribution, shall be used for the development, 114835
acquisition, and distribution of information resources by public 114836
media and radio reading services and for educational use in the 114837
classroom and online.114838

       Of the foregoing appropriation item 935410, Content 114839
Development, Acquisition, and Distribution, up to $658,099 in each 114840
fiscal year shall be allocated equally among the 12 Ohio 114841
educational television stations and used with the advice and 114842
approval of eTech Ohio. Funds shall be used for the production of 114843
interactive instructional programming series with priority given 114844
to resources aligned with state academic content standards in 114845
consultation with the Ohio Department of Education and for 114846
teleconferences to support eTech Ohio. The programming shall be 114847
targeted to the needs of the poorest two hundred school districts 114848
as determined by the district's adjusted valuation per pupil as 114849
defined in former section 3317.0213 of the Revised Code as that 114850
section existed prior to June 30, 2005.114851

       Of the foregoing appropriation item 935410, Content 114852
Development, Acquisition, and Distribution, up to $1,749,283 in 114853
each fiscal year shall be distributed by eTech Ohio to Ohio's 114854
qualified public educational television stations and educational 114855
radio stations to support their operations. The funds shall be 114856
distributed pursuant to an allocation formula used by the Ohio 114857
Educational Telecommunications Network Commission unless a 114858
substitute formula is developed by eTech Ohio in consultation with 114859
Ohio's qualified public educational television stations and 114860
educational radio stations.114861

       Of the foregoing appropriation item 935410, Content 114862
Development, Acquisition, and Distribution, up to $199,712 in each 114863
fiscal year shall be distributed by eTech Ohio to Ohio's qualified 114864
radio reading services to support their operations. The funds 114865
shall be distributed pursuant to an allocation formula used by the 114866
Ohio Educational Telecommunications Network Commission unless a 114867
substitute formula is developed by eTech Ohio in consultation with 114868
Ohio's qualified radio reading services.114869

       Section 283.30. TECHNOLOGY INTEGRATION AND PROFESSIONAL 114870
DEVELOPMENT114871

       The foregoing appropriation item 935411, Technology 114872
Integration and Professional Development, shall be used by eTech 114873
Ohio for the provision of staff development, hardware, software, 114874
telecommunications services, and information resources to support 114875
educational uses of technology in the classroom and at a distance 114876
and for professional development for teachers, administrators, and 114877
technology staff on the use of educational technology in 114878
qualifying public schools, including the State School for the 114879
Blind, the State School for the Deaf, and the Department of Youth 114880
Services.114881

       Of the foregoing appropriation item 935411, Technology 114882
Integration and Professional Development, up to $1,691,701 in each 114883
fiscal year shall be used by eTech Ohio to contract with 114884
educational television to provide Ohio public schools with 114885
instructional resources and services with priority given to 114886
resources and services aligned with state academic content 114887
standards and such resources and services shall be based upon the 114888
advice and approval of eTech Ohio, based on a formula used by the 114889
Ohio SchoolNet Commission unless and until a substitute formula is 114890
developed by eTech Ohio in consultation with Ohio's educational 114891
technology agencies and noncommercial educational television 114892
stations.114893

       Section 283.40. TELECOMMUNITY114894

       The foregoing appropriation item 935630, Telecommunity, shall 114895
be distributed by eTech Ohio on a grant basis to eligible school 114896
districts to establish "distance learning" through interactive 114897
video technologies in the school district. Per agreements with 114898
eight Ohio local telephone companies, ALLTEL Ohio, CENTURY 114899
Telephone of Ohio, Chillicothe Telephone Company, Cincinnati Bell 114900
Telephone Company, Orwell Telephone Company, Sprint North Central 114901
Telephone, VERIZON, and Western Reserve Telephone Company, school 114902
districts are eligible for funds if they are within one of the 114903
listed telephone company service areas. Funds to administer the 114904
program shall be expended by eTech Ohio up to the amount specified 114905
in the agreements with the listed telephone companies.114906

       Within thirty days after the effective date of this section, 114907
the Director of Budget and Management shall transfer to Fund 4W90 114908
in the State Special Revenue Fund Group any investment earnings 114909
from moneys paid by any telephone company as part of any 114910
settlement agreement between the listed companies and the Public 114911
Utilities Commission in fiscal years 1996 and beyond.114912

       DISTANCE LEARNING114913

       The foregoing appropriation item 935634, Distance Learning, 114914
shall be distributed by eTech Ohio on a grant basis to eligible 114915
school districts to establish "distance learning" in the school 114916
district. Per an agreement with Ameritech, school districts are 114917
eligible for funds if they are within an Ameritech service area. 114918
Funds to administer the program shall be expended by eTech Ohio up 114919
to the amount specified in the agreement with Ameritech.114920

       Within thirty days after the effective date of this section, 114921
the Director of Budget and Management shall transfer to Fund 4X10 114922
in the State Special Revenue Fund Group any investment earnings 114923
from moneys paid by any telephone company as part of a settlement 114924
agreement between the company and the Public Utilities Commission 114925
in fiscal year 1995.114926

       GATES FOUNDATION GRANTS114927

       The foregoing appropriation item 935607, Gates Foundation 114928
Grants, shall be used by eTech Ohio to provide professional 114929
development to school district principals, superintendents, and 114930
other administrative staff on the use of education technology.114931

       Section 285.10. ETH OHIO ETHICS COMMISSION114932

General Revenue Fund114933

GRF 146321 Operating Expenses $ 1,409,751 $ 1,409,751 114934
TOTAL GRF General Revenue Fund $ 1,409,751 $ 1,409,751 114935

General Services Fund Group114936

4M60 146601 Operating Expenses $ 827,393 $ 827,393 114937
TOTAL GSF General Services 114938
Fund Group $ 827,393 $ 827,393 114939
TOTAL ALL BUDGET FUND GROUPS $ 2,237,144 $ 2,237,144 114940

       ETHICS COMMISSION CASINO-RELATED ACTIVITIES114941

        On July 1, 2011, or as soon as possible thereafter, an amount 114942
equal to the unexpended and unencumbered balance of appropriation 114943
item 146602, Casino Investigations, at the end of fiscal year 2011 114944
is hereby reappropriated to the same appropriation item for fiscal 114945
year 2012, to be used for the performance of the Ohio Ethics 114946
Commission's casino-related duties.114947

       Section 287.10. EXP OHIO EXPOSITIONS COMMISSION114948

General Revenue Fund114949

GRF 723403 Junior Fair Subsidy $ 50,000 $ 50,000 114950
TOTAL GRF General Revenue Fund $ 50,000 $ 50,000 114951

State Special Revenue Fund Group114952

4N20 723602 Ohio State Fair Harness Racing $ 400,000 $ 400,000 114953
5060 723601 Operating Expenses $ 12,991,000 $ 12,894,000 114954
TOTAL SSR State Special Revenue 114955
Fund Group $ 13,391,000 $ 13,294,000 114956
TOTAL ALL BUDGET FUND GROUPS $ 13,441,000 $ 13,344,000 114957

       STATE FAIR RESERVE114958

       The General Manager of the Expositions Commission may submit 114959
a request to the Controlling Board to use available amounts in the 114960
State Fair Reserve Fund (Fund 6400) if the following conditions 114961
apply:114962

       (A) Admissions receipts for the 2011 or 2012 Ohio State Fair 114963
are less than $1,982,000 because of inclement weather or 114964
extraordinary circumstances;114965

       (B) The Ohio Expositions Commission declares a state of 114966
fiscal exigency; and114967

        (C) The request contains a plan describing how the 114968
Expositions Commission will eliminate the cash shortage causing 114969
the request.114970

       The amount approved by the Controlling Board is hereby 114971
appropriated.114972

       Section 289.10. GOV OFFICE OF THE GOVERNOR114973

General Revenue Fund114974

GRF 040321 Operating Expenses $ 2,679,886 $ 2,682,632 114975
TOTAL GRF General Revenue Fund $ 2,679,886 $ 2,682,632 114976

General Services Fund Group114977

5AK0 040607 Government Relations $ 365,149 $ 365,149 114978
TOTAL GSF General Services Fund Group $ 365,149 $ 365,149 114979

TOTAL ALL BUDGET FUND GROUPS $ 3,045,035 $ 3,047,781 114980

       GOVERNMENT RELATIONS114981

       A portion of the foregoing appropriation item 040607, 114982
Government Relations, may be used to support Ohio's membership in 114983
national or regional associations.114984

       The Office of the Governor may charge any state agency of the 114985
executive branch using an intrastate transfer voucher such amounts 114986
necessary to defray the costs incurred for the conduct of 114987
governmental relations associated with issues that can be 114988
attributed to the agency. Amounts collected shall be deposited in 114989
the Government Relations Fund (Fund 5AK0).114990

       Section 291.10. DOH DEPARTMENT OF HEALTH114991

General Revenue Fund114992

GRF 440412 Cancer Incidence Surveillance System $ 600,000 $ 600,000 114993
GRF 440413 Local Health Department Support $ 2,302,788 $ 2,303,061 114994
GRF 440416 Mothers and Children Safety Net Services $ 4,227,842 $ 4,228,015 114995
GRF 440418 Immunizations $ 6,430,538 $ 6,430,829 114996
GRF 440431 Free Clinics Safety Net Services $ 437,326 $ 437,326 114997
GRF 440438 Breast and Cervical Cancer Screening $ 708,539 $ 708,539 114998
GRF 440444 AIDS Prevention and Treatment $ 5,842,315 $ 5,842,315 114999
GRF 440451 Public Health Laboratory $ 3,654,348 $ 3,655,449 115000
GRF 440452 Child and Family Health Services Match $ 630,390 $ 630,444 115001
GRF 440453 Health Care Quality Assurance $ 8,170,694 $ 8,174,361 115002
GRF 440454 Local Environmental Health $ 1,135,141 $ 1,135,362 115003
GRF 440459 Help Me Grow $ 32,923,987 $ 32,923,987 115004
GRF 440465 Federally Qualified Health Centers $ 458,688 $ 2,686,688 115005
GRF 440467 Access to Dental Care $ 540,484 $ 540,484 115006
GRF 440468 Chronic Disease and Injury Prevention $ 2,577,251 $ 2,577,251 115007
GRF 440472 Alcohol Testing $ 250,000 $ 750,000 115008
GRF 440505 Medically Handicapped Children $ 7,512,451 $ 7,512,451 115009
GRF 440507 Targeted Health Care Services Over 21 $ 1,045,414 $ 1,045,414 115010
TOTAL GRF General Revenue Fund $ 79,448,196 $ 82,181,976 115011

State Highway Safety Fund Group115012

4T40 440603 Child Highway Safety $ 233,894 $ 233,894 115013
TOTAL HSF State Highway Safety 115014
Fund Group $ 233,894 $ 233,894 115015

General Services Fund Group115016

1420 440646 Agency Health Services $ 8,825,788 $ 8,826,146 115017
2110 440613 Central Support Indirect Costs $ 31,052,756 $ 30,720,419 115018
4730 440622 Lab Operating Expenses $ 5,599,538 $ 5,600,598 115019
5HB0 440470 Breast and Cervical Cancer Screening $ 1,000,000 $ 0 115020
6830 440633 Employee Assistance Program $ 1,259,475 $ 1,241,147 115021
6980 440634 Nurse Aide Training $ 99,239 $ 99,265 115022
TOTAL GSF General Services 115023
Fund Group $ 47,836,796 $ 46,487,575 115024

Federal Special Revenue Fund Group115025

3200 440601 Maternal Child Health Block Grant $ 27,068,886 $ 27,068,886 115026
3870 440602 Preventive Health Block Grant $ 7,826,659 $ 7,826,659 115027
3890 440604 Women, Infants, and Children $ 308,672,689 $ 308,672,689 115028
3910 440606 Medicaid/Medicare $ 29,625,467 $ 29,257,457 115029
3920 440618 Federal Public Health Programs $ 137,976,988 $ 137,976,988 115030
TOTAL FED Federal Special Revenue 115031
Fund Group $ 511,170,689 $ 510,802,679 115032

State Special Revenue Fund Group115033

4700 440647 Fee Supported Programs $ 24,503,065 $ 24,513,973 115034
4710 440619 Certificate of Need $ 878,145 $ 878,433 115035
4770 440627 Medically Handicapped Children Audit $ 3,692,704 $ 3,692,703 115036
4D60 440608 Genetics Services $ 3,310,953 $ 3,311,039 115037
4F90 440610 Sickle Cell Disease Control $ 1,032,754 $ 1,032,824 115038
4G00 440636 Heirloom Birth Certificate $ 5,000 $ 5,000 115039
4G00 440637 Birth Certificate Surcharge $ 5,000 $ 5,000 115040
4L30 440609 Miscellaneous Expenses $ 3,333,164 $ 3,333,164 115041
4P40 440628 Ohio Physician Loan Repayment $ 476,870 $ 476,870 115042
4V60 440641 Save Our Sight $ 2,255,760 $ 2,255,789 115043
5B50 440616 Quality, Monitoring, and Inspection $ 878,638 $ 878,997 115044
5C00 440615 Alcohol Testing and Permit $ 551,018 $ 0 115045
5CN0 440645 Choose Life $ 75,000 $ 75,000 115046
5D60 440620 Second Chance Trust $ 1,151,815 $ 1,151,902 115047
5ED0 440651 Smoke Free Indoor Air $ 190,452 $ 190,452 115048
5G40 440639 Adoption Services $ 20,000 $ 20,000 115049
5L10 440623 Nursing Facility Technical Assistance Program $ 687,500 $ 687,528 115050
5Z70 440624 Ohio Dentist Loan Repayment $ 140,000 $ 140,000 115051
6100 440626 Radiation Emergency Response $ 930,525 $ 930,576 115052
6660 440607 Medically Handicapped Children - County Assessments $ 19,738,286 $ 19,739,617 115053
TOTAL SSR State Special Revenue 115054
Fund Group $ 63,856,649 $ 63,318,867 115055

Holding Account Redistribution Fund Group115056

R014 440631 Vital Statistics $ 44,986 $ 44,986 115057
R048 440625 Refunds, Grants Reconciliation, and Audit Settlements $ 20,000 $ 20,000 115058
TOTAL 090 Holding Account 115059
Redistribution Fund Group $ 64,986 $ 64,986 115060

Tobacco Master Settlement Agreement Fund Group115061

5BX0 440656 Tobacco Use Prevention $ 1,000,000 $ 0 115062
TOTAL TSF Tobacco Master Settlement Agreement Fund Group $ 1,000,000 $ 0 115063
TOTAL ALL BUDGET FUND GROUPS $ 703,611,210 $ 703,089,977 115064


       Section 291.20. HIV/AIDS PREVENTION/TREATMENT115066

       The foregoing appropriation item 440444, AIDS Prevention and 115067
Treatment, shall be used to assist persons with HIV/AIDS in 115068
acquiring HIV-related medications and to administer educational 115069
prevention initiatives.115070

       PUBLIC HEALTH LABORATORY115071

       A portion of the foregoing appropriation item 440451, Public 115072
Health Laboratory, shall be used for coordination and management 115073
of prevention program operations and the purchase of drugs for 115074
sexually transmitted diseases.115075

       HELP ME GROW115076

       The foregoing appropriation item 440459, Help Me Grow, shall 115077
be used by the Department of Health to distribute subsidies to 115078
counties to implement the Help Me Grow Program. Appropriation item 115079
440459, Help Me Grow, may be used in conjunction with Early 115080
Intervention funding from the Department of Developmental 115081
Disabilities, and in conjunction with other early childhood funds 115082
and services to promote the optimal development of young children 115083
and family-centered programs and services that acknowledge and 115084
support the social, emotional, cognitive, intellectual, and 115085
physical development of children and the vital role of families in 115086
ensuring the well-being and success of children. The Department of 115087
Health shall enter into an interagency agreement with the 115088
Department of Education, Department of Developmental Disabilities, 115089
Department of Job and Family Services, and Department of Mental 115090
Health to ensure that all early childhood programs and initiatives 115091
are coordinated and school linked.115092

       Of the foregoing appropriation item 440459, Help Me Grow, if 115093
a county Family and Children First Council selects home-visiting 115094
programs, the home-visiting program shall only be eligible for 115095
funding if it serves pregnant women, or parents or other primary 115096
caregivers and the parent or other primary caregiver's child or 115097
children under three years of age, through quality programs of 115098
early childhood home visitation and if the home visitations are 115099
performed by nurses, social workers, child development specialists 115100
or other well-trained and competent staff, as demonstrated by 115101
education or training and the provision of ongoing specific 115102
training and supervision in the model of service being delivered. 115103
The home-visiting program also shall be required to have outcome 115104
and research standards that demonstrate ongoing positive outcomes 115105
for children, parents, and other primary caregivers that enhance 115106
child health and development, and conform to a clear consistent 115107
home visitation model that has been in existence for at least 115108
three years. The home visitation model shall be research-based; 115109
grounded in relevant, empirically based knowledge; linked to 115110
program-determined outcomes; associated with a national 115111
organization or institution of higher education that has 115112
comprehensive home visitation program standards that ensure high 115113
quality service delivery and continuous program improvement; and 115114
have demonstrated significant positive outcomes when evaluated 115115
using well-designed and rigorous randomized, controlled, or 115116
quasi-experimental research designs, and the evaluation results 115117
have been published in a peer-reviewed journal.115118

       The foregoing appropriation item 440459, Help Me Grow, may 115119
also be used for the Developmental Autism and Screening Program.115120

       FEDERALLY QUALIFIED HEALTH CENTERS115121

       For fiscal year 2012, any undisbursed funds previously 115122
provided under subsidy agreements between the Department of Health 115123
and the Ohio Association of Community Health Centers, or its 115124
predecessor organization, pursuant to section 183.18 of the 115125
Revised Code, shall be available to federally qualified health 115126
centers in the same manner as those funds in appropriation item 115127
440465, Federally Qualified Health Centers.115128

       TARGETED HEALTH CARE SERVICES OVER 21115129

       The foregoing appropriation item 440507, Targeted Health Care 115130
Services Over 21, shall be used to administer the Cystic Fibrosis 115131
Program and to implement the Hemophilia Insurance Premium Payment 115132
Program.115133

       The foregoing appropriation item 440507, Targeted Health Care 115134
Services Over 21, shall also be used to provide essential 115135
medications and to pay the copayments for drugs approved by the 115136
Department of Health and covered by Medicare Part D that are 115137
dispensed to Bureau for Children with Medical Handicaps (BCMH) 115138
participants for the Cystic Fibrosis Program.115139

       The Department shall expend all of these funds.115140

       GENETICS SERVICES115141

       The foregoing appropriation item 440608, Genetics Services 115142
(Fund 4D60), shall be used by the Department of Health to 115143
administer programs authorized by sections 3701.501 and 3701.502 115144
of the Revised Code. None of these funds shall be used to counsel 115145
or refer for abortion, except in the case of a medical emergency.115146

       MEDICALLY HANDICAPPED CHILDREN AUDIT115147

       The Medically Handicapped Children Audit Fund (Fund 4770) 115148
shall receive revenue from audits of hospitals and recoveries from 115149
third-party payers. Moneys may be expended for payment of audit 115150
settlements and for costs directly related to obtaining recoveries 115151
from third-party payers and for encouraging Medically Handicapped 115152
Children's Program recipients to apply for third-party benefits. 115153
Moneys also may be expended for payments for diagnostic and 115154
treatment services on behalf of medically handicapped children, as 115155
defined in division (A) of section 3701.022 of the Revised Code, 115156
and Ohio residents who are twenty-one or more years of age and who 115157
are suffering from cystic fibrosis or hemophilia. Moneys may also 115158
be expended for administrative expenses incurred in operating the 115159
Medically Handicapped Children's Program.115160

       CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND 115161
PERMIT FUND115162

       The Director of Budget and Management may transfer up to 115163
$551,018 in cash from the Liquor Control Fund (Fund 7043) to the 115164
Alcohol Testing and Permit Fund (Fund 5C00) in fiscal year 2012 to 115165
meet the operating needs of the Alcohol Testing and Permit 115166
Program.115167

       The Director of Budget and Management may transfer up to 115168
$551,018 in cash in fiscal year 2012 to the Alcohol Testing and 115169
Permit Fund (Fund 5C00) from the Liquor Control Fund (Fund 7043) 115170
created in section 4301.12 of the Revised Code determined by a 115171
transfer schedule set by the Department of Health.115172

       MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS115173

       The foregoing appropriation item 440607, Medically 115174
Handicapped Children - County Assessments (Fund 6660), shall be 115175
used to make payments under division (E) of section 3701.023 of 115176
the Revised Code.115177

        NURSING FACILITY TECHNICAL ASSISTANCE PROGRAM115178

       On July 1, 2011, or as soon as possible thereafter, the 115179
Director of Budget and Management may transfer, cash from the 115180
Resident Protection Fund (Fund 4E30), which is used by the Ohio 115181
Department of Job and Family Services, to the Nursing Facility 115182
Technical Assistance Program Fund (Fund 5L10), which is used by 115183
the Ohio Department of Health, to be used under section 3721.026 115184
of the Revised Code. The transfers shall be up to $698,595 in each 115185
fiscal year of the biennium.115186

       Section 291.30. EARLY INTERVENTION WORKGROUP115187

       (A) The Department of Health shall convene a workgroup to 115188
develop recommendations for eligibility criteria for early 115189
intervention services to be provided pursuant to Part C of the 115190
"Individuals with Disability Education Act," 118 Stat. 2744 115191
(2004), 20 U.S.C. 1431 et seq. The recommendations shall be based 115192
on available funds and national data related to the identification 115193
of infants and toddlers who have developmental delays or are most 115194
at risk for developmental delays and, in either case, would 115195
benefit from early intervention services.115196

       (B) The workgroup shall be facilitated by the Department and 115197
shall be composed of all of the following members:115198

       (1) A representative from the Department of Developmental 115199
Disabilities;115200

       (2) A representative from the Department of Education;115201

       (3) A representative from the Department of Mental Health;115202

       (4) A representative from the Help Me Grow Advisory Council;115203

       (5) A parent member of the Help Me Grow Advisory Council;115204

       (6) A representative from the Ohio Family and Children First 115205
Cabinet Council;115206

       (7) A representative from the Ohio Family and Children First 115207
Association;115208

       (8) A county Help Me Grow project director;115209

       (9) A representative from the Ohio Council of Behavioral 115210
Health and Family Services Providers;115211

       (10) A representative from the Ohio Association for Infant 115212
Mental Health; 115213

       (11) A representative from the Ohio Association of County 115214
Boards of Developmental Disabilities; 115215

       (12) A representative from the Ohio Superintendents of County 115216
Boards of Developmental Disabilities;115217

       (13) A representative from the Ohio chapter of the American 115218
Academy of Pediatrics;115219

       (14) A public health nurse from a board of health of a city 115220
or general health district, or an authority having the duties of a 115221
board of health;115222

       (15) A representative from the Department of Job and Family 115223
Services.115224

       (C)(1) October 1, 2011, is the latest date by which the 115225
workgroup may submit to the Director of Health its recommendations 115226
for eligibility criteria for Part C early intervention services. 115227
If recommendations are submitted, the Director may accept the 115228
recommendations in whole or in part and implement eligibility 115229
criteria accordingly.115230

       (2) If the workgroup does not submit recommendations by 115231
October 1, 2011, the Director shall implement eligibility criteria 115232
for Part C early intervention services. The eligibility criteria 115233
shall be based on available funds and, at most, may include 115234
following:115235

       (a) Children who demonstrate a developmental delay at or 115236
exceeding 2.0 standard deviations below the mean in one or more 115237
areas of development on a norm-referenced tool approved by the 115238
Department;115239

       (b) Children who have a medical diagnosis that falls into one 115240
or more of the following categories: genetic disorders, sensory 115241
impairments, motor impairments, neurological disorders, 115242
significant neuro-developmental disorders, medically related 115243
disorders, or acquired trauma-related disorders;115244

       (c) Children who are at risk of a delay in their social, 115245
emotional, or cognitive development;115246

        (d) Children who, based on informed clinical opinion, are not 115247
eligible under the categories specified in division (C)(2)(a), 115248
(b), or (c) of this section, except that any such child may 115249
receive services pursuant to this category for not more than one 115250
hundred eighty days.115251

       (D) The workgroup shall cease to exist on October 1, 2011.115252

       Section 291.40. CERTIFICATE OF NEED FOR NEW NURSING HOME115253

       (A) As used in this section:115254

       "Nursing home" and "residential care facility" have the same 115255
meanings as in section 3721.01 of the Revised Code.115256

       "Population" means that shown by the 2000 regular federal 115257
census.115258

       (B) The Director of Health shall accept, for review under 115259
section 3702.52 of the Revised Code, a certificate of need 115260
application for the establishment, development, and construction 115261
of a new nursing home if all of the following conditions are met:115262

       (1) The application is submitted to the Director not later 115263
than one hundred eighty days after the effective date of this 115264
section.115265

       (2) The new nursing home is to be located in a county that 115266
has a population of at least thirty thousand persons and not more 115267
than forty-one thousand persons.115268

       (3) The new nursing home is to be located on a campus that 115269
has been in operation for at least twelve years and both of the 115270
following are also located on the campus on the effective date of 115271
this section:115272

       (a) At least one existing residential care facility with at 115273
least twenty-five residents;115274

       (b) At least one existing independent living dwelling for 115275
seniors with at least seventy-five residents.115276

       (4) The new nursing home is to have not more than thirty beds 115277
to which both of the following apply:115278

       (a) All of the beds are to be transferred from an existing 115279
nursing home in the state.115280

       (b) All of the beds are proposed to be licensed as nursing 115281
home beds under Chapter 3721. of the Revised Code.115282

       (C) In reviewing certificate of need applications accepted 115283
under this section, the Director shall neither deny an application 115284
on the grounds that the new nursing home is to have less than 115285
fifty beds nor require an applicant to obtain a waiver of the 115286
minimum fifty-bed requirement established by division (I) of rule 115287
3701-12-23 of the Administrative Code.115288

       Section 293.10. HEF HIGHER EDUCATIONAL FACILITY COMMISSION115289

Agency Fund Group115290

4610 372601 Operating Expenses $ 30,000 $ 30,000 115291
TOTAL AGY Agency Fund Group $ 30,000 $ 30,000 115292
TOTAL ALL BUDGET FUND GROUPS $ 30,000 $ 30,000 115293


       Section 295.10. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS115295

General Revenue Fund115296

GRF 148100 Personal Services $ 230,000 $ 230,000 115297
GRF 148200 Maintenance $ 50,000 $ 50,000 115298
GRF 148402 Community Projects $ 37,005 $ 44,922 115299
TOTAL GRF General Revenue Fund $ 317,005 $ 324,922 115300

General Services Fund Group115301

6010 148602 Gifts and Miscellaneous $ 4,558 $ 4,558 115302
TOTAL GSF General Services 115303
Fund Group $ 4,558 $ 4,558 115304
TOTAL ALL BUDGET FUND GROUPS $ 321,563 $ 329,480 115305


       Section 297.10. OHS OHIO HISTORICAL SOCIETY115307

General Revenue Fund115308

GRF 360501 Education and Collections $ 2,368,997 $ 2,368,997 115309
GRF 360502 Site and Museum Operations $ 3,926,288 $ 3,926,288 115310
GRF 360504 Ohio Preservation Office $ 290,000 $ 290,000 115311
GRF 360505 National Afro-American Museum $ 414,798 $ 414,798 115312
GRF 360506 Hayes Presidential Center $ 281,043 $ 281,043 115313
GRF 360508 State Historical Grants $ 390,570 $ 390,570 115314
GRF 360509 Outreach and Partnership $ 90,395 $ 90,395 115315
TOTAL GRF General Revenue Fund $ 7,762,091 $ 7,762,091 115316
TOTAL ALL BUDGET FUND GROUPS $ 7,762,091 $ 7,762,091 115317

       SUBSIDY APPROPRIATION115318

       Upon approval by the Director of Budget and Management, the 115319
foregoing appropriation items shall be released to the Ohio 115320
Historical Society in quarterly amounts that in total do not 115321
exceed the annual appropriations. The funds and fiscal records of 115322
the society for fiscal year 2012 and fiscal year 2013 shall be 115323
examined by independent certified public accountants approved by 115324
the Auditor of State, and a copy of the audited financial 115325
statements shall be filed with the Office of Budget and 115326
Management. The society shall prepare and submit to the Office of 115327
Budget and Management the following:115328

       (A) An estimated operating budget for each fiscal year of the 115329
biennium. The operating budget shall be submitted at or near the 115330
beginning of each calendar year.115331

       (B) Financial reports, indicating actual receipts and 115332
expenditures for the fiscal year to date. These reports shall be 115333
filed at least semiannually during the fiscal biennium.115334

       The foregoing appropriations shall be considered to be the 115335
contractual consideration provided by the state to support the 115336
state's offer to contract with the Ohio Historical Society under 115337
section 149.30 of the Revised Code.115338

       HAYES PRESIDENTIAL CENTER115339

       If a United States government agency, including, but not 115340
limited to, the National Park Service, chooses to take over the 115341
operations or maintenance of the Hayes Presidential Center, in 115342
whole or in part, the Ohio Historical Society shall make 115343
arrangements with the National Park Service or other United States 115344
government agency for the efficient transfer of operations or 115345
maintenance.115346

       STATE HISTORICAL GRANTS115347

        Of the foregoing appropriation item 360508, State Historical 115348
Grants, $195,285 in each fiscal year shall be granted to the 115349
Cincinnati Museum Center, and $195,285 in each fiscal year shall 115350
be granted to the Western Reserve Historical Society.115351

       Section 299.10.  REP OHIO HOUSE OF REPRESENTATIVES115352

General Revenue Fund115353

GRF 025321 Operating Expenses $ 18,517,093 $ 18,517,093 115354
TOTAL GRF General Revenue Fund $ 18,517,093 $ 18,517,093 115355

General Services Fund Group115356

1030 025601 House Reimbursement $ 1,433,664 $ 1,433,664 115357
4A40 025602 Miscellaneous Sales $ 37,849 $ 37,849 115358
TOTAL GSF General Services 115359
Fund Group $ 1,471,513 $ 1,471,513 115360
TOTAL ALL BUDGET FUND GROUPS $ 19,988,606 $ 19,988,606 115361

        OPERATING EXPENSES115362

       On July 1, 2011, or as soon as possible thereafter, the Clerk 115363
of the House of Representatives may certify to the Director of 115364
Budget and Management the amount of the unexpended, unencumbered 115365
balance of the foregoing appropriation item 025321, Operating 115366
Expenses, at the end of fiscal year 2011 to be reappropriated to 115367
fiscal year 2012. The amount certified is hereby reappropriated to 115368
the same appropriation item for fiscal year 2012.115369

        On July 1, 2012, or as soon as possible thereafter, the Clerk 115370
of the House of Representatives may certify to the Director of 115371
Budget and Management the amount of the unexpended, unencumbered 115372
balance of the foregoing appropriation item 025321, Operating 115373
Expenses, at the end of fiscal year 2012 to be reappropriated to 115374
fiscal year 2013. The amount certified is hereby reappropriated to 115375
the same appropriation item for fiscal year 2013.115376

       Section 303.10. HFA OHIO HOUSING FINANCE AGENCY115377

Agency Fund Group115378

5AZ0 997601 Housing Finance Agency Personal Services $ 12,636,646 $ 12,405,084 115379
TOTAL AGY Agency Fund Group $ 12,636,646 $ 12,405,084 115380
TOTAL ALL BUDGET FUND GROUPS $ 12,636,646 $ 12,405,084 115381


       Section 305.10. IGO OFFICE OF THE INSPECTOR GENERAL115383

General Revenue Fund115384

GRF 965321 Operating Expenses $ 1,124,663 $ 1,125,598 115385
TOTAL GRF General Revenue Fund $ 1,124,663 $ 1,125,598 115386

General Services Fund Group115387

5FA0 965603 Deputy Inspector General for ODOT $ 400,000 $ 400,000 115388
5FT0 965604 Deputy Inspector General for BWC/OIC $ 425,000 $ 425,000 115389
5GI0 965605 Deputy Inspector General for ARRA $ 520,837 $ 521,535 115390
TOTAL GSF General Services Fund Group $ 1,345,837 $ 1,346,535 115391
TOTAL ALL BUDGET FUND GROUPS $ 2,470,500 $ 2,472,133 115392

       IGO CASINO-RELATED ACTIVITIES115393

       On July 1, 2011, or as soon as possible thereafter, an amount 115394
equal to the unexpended, unencumbered balance of appropriation 115395
item 965609, Casino Investigations, at the end of fiscal year 2011 115396
is hereby reappropriated to the same appropriation item for fiscal 115397
year 2012, to be used for the performance of the Inspector 115398
General's casino-related duties.115399

       DEPUTY INSPECTOR GENERAL FOR FUNDS RECEIVED THROUGH THE 115400
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009115401

        On July 1, 2011, and on January 1, 2012, or as soon as 115402
possible thereafter, the Director of Budget and Management shall 115403
transfer $225,000 in cash, for each period, from the General 115404
Revenue Fund to the Deputy Inspector General for Funds Received 115405
through the American Recovery and Reinvestment Act of 2009 Fund 115406
(Fund 5GI0), which is created in section 121.53 of the Revised 115407
Code.115408

       On July 1, 2012, and on January 1, 2013, or as soon as 115409
possible thereafter, the Director of Budget and Management shall 115410
transfer $225,000 in cash, for each period, from the General 115411
Revenue Fund to the Deputy Inspector General for Funds Received 115412
through the American Recovery and Reinvestment Act of 2009 Fund 115413
(Fund 5GI0).115414

       Section 307.10.  INS DEPARTMENT OF INSURANCE115415

Federal Special Revenue Fund Group115416

3EV0 820610 Health Insurance Premium Review $ 1,000,000 $ 1,000,000 115417
3EW0 820611 Health Exchange Planning $ 1,000,000 $ 1,000,000 115418
3U50 820602 OSHIIP Operating Grant $ 2,270,726 $ 2,270,725 115419
TOTAL FED Federal Special 115420
Revenue Fund Group $ 4,270,726 $ 4,270,725 115421

State Special Revenue Fund Group115422

5540 820601 Operating Expenses - OSHIIP $ 190,000 $ 180,000 115423
5540 820606 Operating Expenses $ 22,745,538 $ 22,288,550 115424
5550 820605 Examination $ 9,065,684 $ 8,934,065 115425
TOTAL SSR State Special Revenue 115426
Fund Group $ 32,001,222 $ 31,402,615 115427
TOTAL ALL BUDGET FUND GROUPS $ 36,271,948 $ 35,673,340 115428

       MARKET CONDUCT EXAMINATION115429

       When conducting a market conduct examination of any insurer 115430
doing business in this state, the Superintendent of Insurance may 115431
assess the costs of the examination against the insurer. The 115432
superintendent may enter into consent agreements to impose 115433
administrative assessments or fines for conduct discovered that 115434
may be violations of statutes or rules administered by the 115435
superintendent. All costs, assessments, or fines collected shall 115436
be deposited to the credit of the Department of Insurance 115437
Operating Fund (Fund 5540).115438

       EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES115439

       The Director of Budget and Management, at the request of the 115440
Superintendent of Insurance, may transfer funds from the 115441
Department of Insurance Operating Fund (Fund 5540), established by 115442
section 3901.021 of the Revised Code, to the Superintendent's 115443
Examination Fund (Fund 5550), established by section 3901.071 of 115444
the Revised Code, only for expenses incurred in examining domestic 115445
fraternal benefit societies as required by section 3921.28 of the 115446
Revised Code.115447

       TRANSFER FROM FUND 5540 TO GENERAL REVENUE FUND115448

        Not later than the thirty-first day of July each fiscal year, 115449
the Director of Budget and Management shall transfer $5,000,000 115450
from the Department of Insurance Operating Fund (Fund 5540) to the 115451
General Revenue Fund.115452

       Section 309.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES115453

General Revenue Fund115454

GRF 600321 Support Services 115455
State $ 34,801,760 $ 31,932,117 115456
Federal $ 9,322,222 $ 9,207,441 115457
Support Services Total $ 44,123,982 $ 41,139,558 115458
GRF 600410 TANF State $ 161,298,234 $ 161,298,234 115459
GRF 600413 Child Care Match/Maintenance of Effort $ 84,732,730 $ 84,732,730 115460
GRF 600416 Computer Projects 115461
State $ 67,955,340 $ 69,263,506 115462
Federal $ 13,105,167 $ 12,937,222 115463
Computer Projects Total $ 81,060,507 $ 82,200,728 115464
GRF 600417 Medicaid Provider Audits $ 1,312,992 $ 1,312,992 115465
GRF 600420 Child Support Administration $ 6,163,534 $ 6,065,588 115466
GRF 600421 Office of Family Stability $ 3,768,929 $ 3,757,493 115467
GRF 600423 Office of Children and Families $ 5,123,406 $ 4,978,756 115468
GRF 600425 Office of Ohio Health Plans 115469
State $ 13,149,582 $ 15,740,987 115470
Federal $ 12,556,921 $ 12,286,234 115471
Office of Ohio Health Plans Total $ 25,706,503 $ 28,027,221 115472
GRF 600502 Administration - Local $ 16,814,103 $ 16,814,103 115473
GRF 600511 Disability Financial Assistance $ 26,599,666 $ 27,108,734 115474
GRF 600521 Entitlement Administration - Local $ 72,200,721 $ 72,200,721 115475
GRF 600523 Children and Families Services $ 53,105,323 $ 53,105,323 115476
GRF 600525 Health Care/Medicaid 115477
State $ 4,294,495,337 $ 4,680,752,933 115478
Federal $ 7,501,402,180 $ 8,420,642,075 115479
Health Care Total $ 11,795,897,517 $ 13,101,395,008 115480
GRF 600526 Medicare Part D $ 275,154,963 $ 300,140,824 115481
GRF 600528 Adoption Services 115482
State $ 26,346,632 $ 26,346,632 115483
Federal $ 36,996,469 $ 36,996,469 115484
Adoption Services Total $ 63,343,101 $ 63,343,101 115485
GRF 600533 Child, Family, and Adult Community & Protective Services $ 13,500,000 $ 13,500,000 115486
GRF 600534 Adult Protective Services $ 366,003 $ 366,003 115487
GRF 600535 Early Care and Education $ 123,596,474 $ 123,596,474 115488
GRF 600537 Children's Hospital $ 2,000,000 $ 2,000,000 115489
GRF 600540 Second Harvest Food Banks $ 4,000,000 $ 4,000,000 115490
GRF 600541 Kinship Permanency Incentive Program $ 2,500,000 $ 3,500,000 115491
TOTAL GRF General Revenue Fund 115492
State $ 5,288,985,729 $ 5,702,514,150 115493
Federal $ 7,573,382,959 $ 8,492,069,441 115494
GRF Total $ 12,862,368,688 $ 14,194,583,591 115495

General Services Fund Group115496

4A80 600658 Child Support Collections $ 34,000,000 $ 34,000,000 115497
5C90 600671 Medicaid Program Support $ 85,800,878 $ 82,839,266 115498
5DL0 600639 Medicaid Revenue and Collections $ 89,256,974 $ 84,156,974 115499
5DM0 600633 Administration & Operating $ 20,392,173 $ 19,858,928 115500
5FX0 600638 Medicaid Payment Withholding $ 26,000,000 $ 26,000,000 115501
5HL0 600602 State and County Shared services $ 3,020,000 $ 3,020,000 115502
5P50 600692 Prescription Drug Rebate - State $ 220,600,000 $ 242,600,000 115503
6130 600645 Training Activities $ 500,000 $ 500,000 115504
TOTAL GSF General Services 115505
Fund Group $ 479,570,025 $ 492,975,168 115506

Federal Special Revenue Fund Group115507

3270 600606 Child Welfare $ 29,769,865 $ 29,769,866 115508
3310 600686 Federal Operating $ 49,128,140 $ 48,203,023 115509
3840 600610 Food Assistance and State Administration $ 180,381,394 $ 180,381,394 115510
3850 600614 Refugee Services $ 11,582,440 $ 12,564,952 115511
3950 600616 Special Activities/Child and Family Services $ 2,259,264 $ 2,259,264 115512
3960 600620 Social Services Block Grant $ 64,999,999 $ 64,999,998 115513
3970 600626 Child Support $ 241,812,837 $ 241,813,528 115514
3980 600627 Adoption Maintenance/ Administration $ 352,183,862 $ 352,184,253 115515
3A20 600641 Emergency Food Distribution $ 5,000,000 $ 5,000,000 115516
3AW0 600675 Faith Based Initiatives $ 544,140 $ 544,140 115517
3D30 600648 Children's Trust Fund Federal $ 2,040,524 $ 2,040,524 115518
3ER0 600603 Health Information Technology $ 411,661,286 $ 416,395,286 115519
3F00 600623 Health Care Federal $ 2,637,061,505 $ 2,720,724,869 115520
3F00 600650 Hospital Care Assurance Match $ 372,784,046 $ 380,645,627 115521
3FA0 600680 Ohio Health Care Grants $ 9,405,000 $ 20,000,000 115522
3G50 600655 Interagency Reimbursement $ 1,626,305,787 $ 1,385,391,478 115523
3H70 600617 Child Care Federal $ 208,290,036 $ 204,813,731 115524
3N00 600628 IV-E Foster Care Maintenance $ 133,963,142 $ 133,963,142 115525
3S50 600622 Child Support Projects $ 534,050 $ 534,050 115526
3V00 600688 Workforce Investment Act $ 176,496,250 $ 172,805,562 115527
3V40 600678 Federal Unemployment Programs $ 188,680,096 $ 186,723,415 115528
3V40 600679 Unemployment Compensation Review Commission - Federal $ 4,166,988 $ 4,068,758 115529
3V60 600689 TANF Block Grant $ 727,968,260 $ 727,968,260 115530
TOTAL FED Federal Special Revenue 115531
Fund Group $ 7,437,018,911 $ 7,293,795,120 115532

State Special Revenue Fund Group115533

1980 600647 Children's Trust Fund $ 5,873,637 $ 5,873,848 115534
4A90 600607 Unemployment Compensation Administration Fund $ 21,924,998 $ 21,424,998 115535
4A90 600694 Unemployment Compensation Review Commission $ 2,873,167 $ 2,817,031 115536
4E30 600605 Nursing Home Assessments $ 2,878,320 $ 2,878,319 115537
4E70 600604 Child and Family Services Collections $ 400,000 $ 400,000 115538
4F10 600609 Foundation Grants/Child & Family Services $ 683,359 $ 683,549 115539
4K10 600621 ICF/MR Bed Assessments $ 41,405,596 $ 44,372,874 115540
4Z10 600625 HealthCare Compliance $ 25,000,000 $ 25,000,000 115541
5AJ0 600631 Money Follows the Person $ 5,483,080 $ 4,733,080 115542
5DB0 600637 Military Injury Grants $ 2,000,000 $ 2,000,000 115543
5DP0 600634 Adoption Assistance Loan $ 500,000 $ 500,000 115544
5ES0 600630 Food Assistance $ 500,000 $ 500,000 115545
5GF0 600656 Medicaid - Hospital $ 436,000,000 $ 436,000,000 115546
5KC0 600682 Health Care Special Activities $ 10,000,000 $ 10,000,000 115547
5R20 600608 Medicaid-Nursing Facilities $ 402,489,308 $ 407,100,746 115548
5S30 600629 MR/DD Medicaid Administration and Oversight $ 9,252,738 $ 9,147,791 115549
5U30 600654 Health Care Services Administration $ 24,902,307 $ 25,439,266 115550
5U60 600663 Children and Family Support $ 4,719,468 $ 4,719,468 115551
6510 600649 Hospital Care Assurance Program Fund $ 212,526,123 $ 217,008,050 115552
TOTAL SSR State Special Revenue 115553
Fund Group $ 1,209,412,101 $ 1,220,599,020 115554

Agency Fund Group115555

1920 600646 Support Intercept - Federal $ 130,000,000 $ 130,000,000 115556
5830 600642 Support Intercept - State $ 16,000,000 $ 16,000,000 115557
5B60 600601 Food Assistance Intercept $ 2,000,000 $ 2,000,000 115558
TOTAL AGY Agency Fund Group $ 148,000,000 $ 148,000,000 115559

Holding Account Redistribution Fund Group115560

R012 600643 Refunds and Audit Settlements $ 2,200,000 $ 2,200,000 115561
R013 600644 Forgery Collections $ 10,000 $ 10,000 115562
TOTAL 090 Holding Account Redistribution Fund Group $ 2,210,000 $ 2,210,000 115563
TOTAL ALL BUDGET FUND GROUPS $ 22,138,579,725 $ 23,352,162,899 115564


       Section 309.20. SUPPORT SERVICES115566

       Section 309.20.10. ADMINISTRATION AND OPERATING115567

       On July 1, 2011, or as soon as possible thereafter, the 115568
Director of Budget and Management may transfer up to $535,300 cash 115569
from the TANF Quality Control Reinvestments Fund (Fund 5Z90) to 115570
the Administration and Operating Fund (Fund 5DM0). Upon completion 115571
of the transfer, Fund 5Z90 is abolished. 115572

       Of the foregoing appropriation item 600633, Administration 115573
and Operating, the Department of Job and Family Services shall use 115574
up to $535,300 to pay for one-time contract expenses.115575

       Section 309.20.20. TRANSFER TO STATE AND COUNTY SHARED 115576
SERVICES FUND115577

       Within thirty days of the effective date of this act, or as 115578
soon as possible thereafter, the Director of Budget and Management 115579
shall transfer the unencumbered cash balance in the County 115580
Technologies Fund (Fund 5N10) to the State and County Shared 115581
Services Fund (Fund 5HL0). The transferred cash is hereby 115582
appropriated. 115583

       Section 309.20.30. AGENCY FUND GROUP115584

       The Agency Fund Group and Holding Account Redistribution Fund 115585
Group shall be used to hold revenues until the appropriate fund is 115586
determined or until the revenues are directed to the appropriate 115587
governmental agency other than the Department of Job and Family 115588
Services. If receipts credited to the Support Intercept – Federal 115589
Fund (Fund 1920), the Support Intercept – State Fund (Fund 5830), 115590
the Food Stamp Offset Fund (Fund 5B60), the Refunds and Audit 115591
Settlements Fund (Fund R012), or the Forgery Collections Fund 115592
(Fund R013) exceed the amounts appropriated from the fund, the 115593
Director of Job and Family Services may request the Director of 115594
Budget and Management to authorize expenditures from the fund in 115595
excess of the amounts appropriated. Upon the approval of the 115596
Director of Budget and Management, the additional amounts are 115597
hereby appropriated.115598

       Section 309.30. MEDICAID115599

       Section 309.30.10. HEALTH CARE/MEDICAID115600

       The foregoing appropriation item 600525, Health 115601
Care/Medicaid, shall not be limited by section 131.33 of the 115602
Revised Code.115603

       Section 309.30.20. UNIFIED LONG TERM CARE115604

       The foregoing appropriation item 600525, Health 115605
Care/Medicaid, may be used to provide the preadmission screening 115606
and resident review (PASRR), which includes screening, 115607
assessments, and determinations made under sections 5111.204, 115608
5119.061, and 5123.021 of the Revised Code.115609

       The foregoing appropriation item 600525, Health 115610
Care/Medicaid, may be used to assess and provide long-term care 115611
consultations under section 173.42 of the Revised Code to clients 115612
regardless of Medicaid eligibility.115613

       The foregoing appropriation item 600525, Health 115614
Care/Medicaid, may be used to provide nonwaiver funded PASSPORT, 115615
assisted living, and PACE services to persons who the state 115616
department has determined to be eligible to participate in the 115617
nonwaiver funded PASSPORT, assisted living, and PACE programs, who 115618
applied for but have not yet been determined to be financially 115619
eligible to participate in the Medicaid waiver component of the 115620
PASSPORT Home Care Program, Assisted Living Program, or the PACE 115621
Program by a county department of job and family services, and to 115622
persons who are not eligible for Medicaid but were enrolled in the 115623
PASSPORT Program prior to July 1, 1990.115624

       The foregoing appropriation item 600525, Health 115625
Care/Medicaid, shall be used to provide the required state match 115626
for federal Medicaid funds supporting the Medicaid waiver-funded 115627
PASSPORT Home Care Program, the Choices Program, the Assisted 115628
Living Program, and the PACE Program.115629

       The foregoing appropriation item 600525, Health 115630
Care/Medicaid, shall be used to provide the federal matching share 115631
of program costs determined by the Department of Job and Family 115632
Services to be eligible for Medicaid reimbursement for the 115633
Medicaid waiver-funded PASSPORT Home Care Program, the Choices 115634
Program, the Assisted Living Program, and the PACE Program.115635

       Of the foregoing appropriation item 600525, Health 115636
Care/Medicaid, $13,904,338 in fiscal year 2012 and $27,894,003 in 115637
fiscal year 2013 shall be used to provide supplemental funding to 115638
the Medicaid waiver-funded PASSPORT Home Care Program.115639

       Section 309.30.30. REDUCTION IN MEDICAID PAYMENT RATES115640

       (A) For fiscal year 2012 and fiscal year 2013, the Director 115641
of Job and Family Services shall implement purchasing strategies 115642
and rate reductions for certain Medicaid-covered services, as 115643
determined by the Director, that result in payment rates for those 115644
services being at least two per cent less than the respective 115645
payment rates for fiscal year 2011. The Director shall consider 115646
the following when implementing purchasing strategies and rate 115647
reductions under this section:115648

       (1) Modernizing hospital inpatient and outpatient 115649
reimbursement methodologies by doing the following:115650

       (a) Modifying the inpatient hospital capital reimbursement 115651
methodology;115652

       (b) Implementing relative weights for diagnosis-related 115653
groups or establishing new diagnosis-related groups;115654

       (c) Implementing other changes the Director considers 115655
appropriate.115656

       (2) Establishing selective contracting and prior 115657
authorization requirements for types of medical assistance the 115658
Director identifies.115659

       (B) In the case of any purchasing strategies and rate 115660
reductions that reduce administrative rate payments made to 115661
managed care organizations under contract with the Department of 115662
Job and Family Services pursuant to section 5111.17 of the Revised 115663
Code, the Department shall ensure that no managed care 115664
organization passes the administrative rate payment reductions 115665
onto providers under contract with the organization.115666

        (C) The Director shall adopt rules under section 5111.02 and 115667
5111.85 of the Revised Code as necessary to implement this 115668
section.115669

       (D) This section does not apply to nursing facility and 115670
intermediate care facility for the mentally retarded services 115671
provided under the Medicaid program.115672

       Section 309.30.33.  REDUCTION OF MEDICAID MANAGED CARE 115673
ADMINISTRATIVE EXPENSES115674

       For fiscal year 2012 and fiscal year 2013, the Department of 115675
Job and Family Services may reduce by one per cent the rate it 115676
pays for administrative expenses to managed care organizations 115677
under contract with the Department pursuant to section 5111.17 of 115678
the Revised Code.115679

       If any reduction is made pursuant to this section, the 115680
managed care organization receiving the reduction shall not pass 115681
the cost of the reduction onto any hospital with which it has a 115682
contract to provide services to the Medicaid recipients enrolled 115683
in the organization.115684

       Section 309.30.35.  CONTINUATION OF MEDICAID RATES FOR 115685
HOSPITAL INPATIENT AND OUTPATIENT SERVICES115686

       The Director of Job and Family Services shall amend rules 115687
adopted under section 5111.02 of the Revised Code as necessary to 115688
continue, for the period beginning July 1, 2011, through June 30, 115689
2013, the Medicaid reimbursement rates in effect from October 1, 115690
2009, through June 30, 2011, for Medicaid-covered hospital 115691
inpatient services and hospital outpatient services that are paid 115692
under the prospective payment system established in those rules. 115693
The rates shall continue to be in effect, notwithstanding any 115694
policies or rules the Director adopts or amends pursuant to the 115695
section of this act titled "Reduction of Medicaid Expenditures."115696

       Section 309.30.40.  MANAGED CARE PERFORMANCE PAYMENT PROGRAM 115697

       At the beginning of each quarter, or as soon as possible 115698
thereafter, the Director of Job and Family Services shall certify 115699
to the Director of Budget and Management the amount withheld in 115700
accordance with section 5111.179 of the Revised Code for purposes 115701
of the Managed Care Performance Payment Program. Upon receiving 115702
certification, the Director of Budget and Management shall 115703
transfer cash in the amount certified from the General Revenue 115704
Fund to the Managed Care Performance Payment Fund. The transferred 115705
cash is hereby appropriated. Appropriation item 600525, Health 115706
Care/Medicaid, is hereby reduced by the amount of the transfer.115707

       Section 309.30.50. COORDINATION OF CARE FOR COVERED FAMILIES 115708
AND CHILDREN PENDING MEDICAID MANAGED CARE ENROLLMENT115709

       (A) As used in this section, "Medicaid managed care" means 115710
the care management system established under section 5111.16 of 115711
the Revised Code.115712

        (B) The departments of Job and Family Services and Health 115713
shall work together on the issue of achieving efficiencies in the 115714
delivery of medical assistance provided under Medicaid to families 115715
and children.115716

        (C) As part of their work under division (B) of this section, 115717
the departments shall develop a proposal for coordinating medical 115718
assistance provided to families and children under Medicaid while 115719
they wait to be enrolled in Medicaid managed care. In developing 115720
the proposal, the departments may do the following:115721

        (1) Conduct research on the status of families and children 115722
waiting to be enrolled in Medicaid managed care, including 115723
research on the reasons for the wait and the utilization of 115724
medical assistance during the waiting period;115725

        (2) Conduct a review of ways to help families and children 115726
receive medical assistance in the most appropriate setting while 115727
they wait to be enrolled in Medicaid managed care;115728

        (3) Develop recommendations for a coordinated, cost-effective 115729
system of helping families and children waiting to be enrolled in 115730
Medicaid managed care find the medical assistance they need during 115731
the waiting period;115732

        (4) For the purpose of reducing the waiting period for 115733
enrollment in Medicaid managed care, develop recommendations for 115734
improving the enrollment processes.115735

        (D) As part of the work that is done under division (B) of 115736
this section, the Department of Job and Family Services may submit 115737
to the United States Secretary of Health and Human Services a 115738
request for a Medicaid state plan amendment to authorize payment 115739
for Medicaid-reimbursable targeted case management services that 115740
are provided in connection with the Help Me Grow Program and for 115741
services provided under the Program. Each quarter during fiscal 115742
year 2012 and fiscal year 2013 following approval of the Medicaid 115743
state plan amendment, the Department of Job and Family Services 115744
shall certify to the Director of Budget and Management the state 115745
and federal share of the amount the Department of Job and Family 115746
Services has expended that quarter for services under this 115747
section. On receipt of each quarterly certification to the 115748
Director of Budget and Management shall decrease appropriation 115749
from appropriation item 440459, Help Me Grow, an amount equal to 115750
the state share of the certified expenditures and increase 115751
appropriation item 600525, Health Care/Medicaid by an equal amount 115752
and adjust the Federal share accordingly.115753

       Section 309.30.60. FISCAL YEAR 2012 MEDICAID REIMBURSEMENT 115754
SYSTEM FOR NURSING FACILITIES115755

       (A) As used in this section:115756

       "Franchise permit fee," "Medicaid days," "nursing facility," 115757
and "provider" have the same meanings as in section 5111.20 of the 115758
Revised Code.115759

       "Nursing facility services" means nursing facility services 115760
covered by the Medicaid program that a nursing facility provides 115761
to a resident of the nursing facility who is a Medicaid recipient 115762
eligible for Medicaid-covered nursing facility services.115763

       (B) Except as otherwise provided by this section, the 115764
provider of a nursing facility that has a valid Medicaid provider 115765
agreement on June 30, 2011, and a valid Medicaid provider 115766
agreement during fiscal year 2012 shall be paid, for nursing 115767
facility services the nursing facility provides during fiscal year 115768
2012, the rate calculated for the nursing facility under sections 115769
5111.20 to 5111.33 of the Revised Code with the following 115770
adjustments:115771

       (1) The cost per case mix-unit calculated under section 115772
5111.231 of the Revised Code, the rate for ancillary and support 115773
costs calculated under section 5111.24 of the Revised Code, the 115774
rate for tax costs calculated under section 5111.242 of the 115775
Revised Code, and the rate for capital costs calculated under 115776
section 5111.25 of the Revised Code shall each be increased by 115777
five and eight hundredths per cent;115778

       (2) The mean payment used in the calculation of the quality 115779
incentive payment made under section 5111.244 of the Revised Code 115780
shall be, weighted by Medicaid days, fourteen dollars and 115781
forty-one cents per Medicaid day.115782

       (C) If the franchise permit fee must be reduced or eliminated 115783
to comply with federal law, the Department of Job and Family 115784
Services shall reduce the amount it pays providers of nursing 115785
facility services under this section as necessary to reflect the 115786
loss to the state of the revenue and federal financial 115787
participation generated from the franchise permit fee.115788

       (D) The Department of Job and Family Services shall follow 115789
this section in determining the rate to be paid to the provider of 115790
a nursing facility that has a valid Medicaid provider agreement on 115791
June 30, 2011, and a valid Medicaid provider agreement during 115792
fiscal year 2012 notwithstanding anything to the contrary in 115793
sections 5111.20 to 5111.33 of the Revised Code.115794

       Section 309.30.70. FISCAL YEAR 2013 MEDICAID REIMBURSEMENT 115795
SYSTEM FOR NURSING FACILITIES115796

       (A) As used in this section:115797

       "Franchise permit fee," "Medicaid days," "nursing facility," 115798
and "provider" have the same meanings as in section 5111.20 of the 115799
Revised Code.115800

       "Nursing facility services" means nursing facility services 115801
covered by the Medicaid program that a nursing facility provides 115802
to a resident of the nursing facility who is a Medicaid recipient 115803
eligible for Medicaid-covered nursing facility services.115804

       (B) Except as otherwise provided by this section, the 115805
provider of a nursing facility that has a valid Medicaid provider 115806
agreement on June 30, 2012, and a valid Medicaid provider 115807
agreement during fiscal year 2013 shall be paid, for nursing 115808
facility services the nursing facility provides during fiscal year 115809
2013, the rate calculated for the nursing facility under sections 115810
5111.20 to 5111.33 of the Revised Code with the following 115811
adjustments:115812

       (1) The cost per case mix-unit calculated under section 115813
5111.231 of the Revised Code, the rate for ancillary and support 115814
costs calculated under section 5111.24 of the Revised Code, the 115815
rate for tax costs calculated under section 5111.242 of the 115816
Revised Code, and the rate for capital costs calculated under 115817
section 5111.25 of the Revised Code shall each be increased by 115818
five and eight hundredths per cent;115819

       (2) Unless, pursuant to division (D) of section 5111.244 of 115820
the Revised Code, no quality incentive payment is to be made for 115821
fiscal year 2013, the mean payment used in the calculation of the 115822
quality incentive payment made under section 5111.244 of the 115823
Revised Code shall be, weighted by Medicaid days, fourteen dollars 115824
and sixty-three cents per Medicaid day.115825

       (C) If the franchise permit fee must be reduced or eliminated 115826
to comply with federal law, the Department of Job and Family 115827
Services shall reduce the amount it pays providers of nursing 115828
facility services under this section as necessary to reflect the 115829
loss to the state of the revenue and federal financial 115830
participation generated from the franchise permit fee.115831

       (D) The Department of Job and Family Services shall follow 115832
this section in determining the rate to be paid to the provider of 115833
a nursing facility that has a valid Medicaid provider agreement on 115834
June 30, 2012, and a valid Medicaid provider agreement during 115835
fiscal year 2013 notwithstanding anything to the contrary in 115836
sections 5111.20 to 5111.33 of the Revised Code.115837

       Section 309.30.73.  NURSING FACILITY CAPACITY COUNCIL115838

       (A) As used in this section, "nursing facility" has the same 115839
meaning as in section 5111.20 of the Revised Code.115840

       (B) There is hereby created the Nursing Facility Capacity 115841
Council. The Council shall consist of the following members, each 115842
of whom shall be appointed not later than sixty days after the 115843
effective date of this section:115844

       (1) One or more members of the Ohio Health Care Association, 115845
appointed by the executive director or chief administrative 115846
officer of the Association;115847

       (2) One or more members of the Ohio Academy of Nursing Homes, 115848
appointed by the executive director or chief administrative 115849
officer of the Academy;115850

       (3) One or more members of LeadingAge Ohio, appointed by the 115851
executive director or chief administrative officer of that 115852
organization;115853

       (4) One or more employees of the Department of Job and Family 115854
Services, appointed by the Director of Job and Family Services;115855

       (5) One or more employees of the Department of Aging, 115856
appointed by the Director of Aging;115857

       (6) One or more employees of the Department of Health, 115858
appointed by the Director of Health;115859

       (7) One or more employees of the Governor's Office of Health 115860
Transformation, appointed by the director of the Office.115861

       Each member of the Council shall serve at the pleasure of the 115862
member's appointing authority. A member shall serve without 115863
compensation, except to the extent that serving on the Council is 115864
considered part of the member's regular duties of employment.115865

       (C)(1) The Council shall examine the current and future 115866
capacity of nursing facilities in Ohio and the configuration of 115867
that capacity.115868

       (2) If excess capacity in nursing facilities is identified 115869
pursuant to the examination conducted under division (C)(1) of 115870
this section, the Council shall determine the potential effects of 115871
the excess capacity and recommend actions the state or private 115872
industry may take to address the excess capacity. For each action 115873
recommended, the Council shall consider and explain the impact of 115874
the action on all of the following:115875

       (a) The excess capacity;115876

       (b) The nursing facilities that would be affected by the 115877
action;115878

       (c) State revenues and expenditures. 115879

       (D) Not later than June 30, 2012, submit a written report of 115880
its findings and recommendations to the Governor and, in 115881
accordance with section 101.68 of the Revised Code, the General 115882
Assembly. On submission of the report, the Council shall cease to 115883
exist.115884

       Section 309.30.80.  STUDY OF ICF/MR ISSUES115885

       (A) As used in this section:115886

       "Home and community-based services" has the same meaning as 115887
in section 5123.01 of the Revised Code.115888

       "ICF/MR" means an intermediate care facility for the mentally 115889
retarded as defined in section 5111.20 of the Revised Code.115890

       "ICF/MR services" means services covered by the Medicaid 115891
program that an ICF/MR provides to a Medicaid recipient eligible 115892
for the services.115893

       (B) The Departments of Job and Family Services and 115894
Developmental Disabilities shall study issues regarding the 115895
administration of, and Medicaid reimbursement for, ICF/MR 115896
services. In conducting the study, the Departments shall examine 115897
the following:115898

       (1) Revising the Individual Assessment Form Answer Sheet in a 115899
manner that provides a more accurate assessment of the acuity and 115900
care needs of individuals who need ICF/MR services, especially the 115901
acuity and care needs of such individuals who have intensive 115902
behavioral or medical needs;115903

       (2) Revising the Medicaid reimbursement formula for ICF/MR 115904
services to accomplish the following:115905

       (a) Ensure that reimbursement for capital costs is adequate 115906
for maintaining the capital assets of ICFs/MR in a manner that 115907
promotes the well being of the residents;115908

       (b) Provide capital incentives for reducing the capacity of 115909
ICFs/MR as necessary to achieve goals regarding the optimal 115910
capacity of ICFs/MR;115911

       (c) Ensure that wages paid individuals who provide direct 115912
care services to ICF/MR residents are sufficient for ICFs/MR to 115913
meet staffing and quality requirements;115914

       (d) Provide incentives for high quality services;115915

       (e) Achieve other goals developed for the purpose of 115916
improving the appropriateness and sufficiency of Medicaid 115917
reimbursements for ICF/MR services.115918

       (3) Transferring the powers and duties regarding ICF/MR 115919
services from the Department of Job and Family Services to the 115920
Department of Developmental Disabilities.115921

       (C) The Departments shall examine the issue of revising the 115922
Individual Assessment Form Answer Sheet before examining the issue 115923
of revising the Medicaid reimbursement formula for ICF/MR 115924
services. Not later than October 1, 2011, the Departments shall 115925
prepare a report of the study conducted under this section and 115926
submit the report to the Governor and, in accordance with section 115927
101.68 of the Revised Code, the General Assembly.115928

       (D) At the same time that the Departments conduct the study 115929
under this section, they shall work with the Governor's Office of 115930
Health Transformation and persons interested in the issue of 115931
ICF/MR services to develop recommendations regarding the 115932
following:115933

       (1) Goals regarding the ratio of home and community-based 115934
services and ICF/MR services provided under the Medicaid program 115935
that take into account goals regarding the optimal capacity of 115936
ICFs/MR;115937

       (2) The roles and responsibilities of both of the following:115938

       (a) ICFs/MR owned and operated by the Department of 115939
Developmental Disabilities;115940

       (b) Providers of home and community-based services.115941

       (3) Simplifying and eliminating duplicate regulations 115942
regarding ICFs/MR in a manner that lowers the cost of ICF/MR 115943
services.115944

       (E) The powers and duties regarding ICF/MR services shall not 115945
be transferred from the Department of Job and Family Services to 115946
the Department of Developmental Disabilities unless a state law is 115947
enacted that expressly authorizes the transfer.115948

       Section 309.30.90.  FISCAL YEAR 2012 MEDICAID REIMBURSEMENT 115949
SYSTEM FOR ICFs/MR115950

       (A) As used in this section:115951

       (1) "Change of operator," "entering operator," and "exiting 115952
operator" have the same meanings as in section 5111.65 of the 115953
Revised Code.115954

       (2) "Continuing ICF/MR" means an ICF/MR to which either of 115955
the following apply:115956

       (a) The provider has a valid Medicaid provider agreement for 115957
the ICF/MR on June 30, 2011, and a valid Medicaid provider 115958
agreement for the ICF/MR during fiscal year 2012.115959

       (b) The ICF/MR undergoes a change of operator that takes 115960
effect during fiscal year 2012, the exiting operator has a valid 115961
Medicaid provider agreement for the ICF/MR on June 30, 2011, and 115962
the entering operator has a valid Medicaid provider agreement for 115963
the ICF/MR for at least part of fiscal year 2012 after the change 115964
of operator takes effect.115965

       (3) "Franchise permit fee" and "provider" have the same 115966
meanings as in section 5111.20 of the Revised Code.115967

       (4) "ICF/MR" means an intermediate care facility for the 115968
mentally retarded as defined in section 5111.20 of the Revised 115969
Code.115970

       (5) "ICF/MR services" means services covered by the Medicaid 115971
program that an ICF/MR provides to a Medicaid recipient eligible 115972
for the services.115973

       (6) "Medicaid days" means all days during which a resident 115974
who is a Medicaid recipient occupies a bed in an ICF/MR that is 115975
included in the ICF/MR's Medicaid-certified capacity. Therapeutic 115976
or hospital leave days for which payment is made under section 115977
5111.33 of the Revised Code are considered Medicaid days 115978
proportionate to the percentage of the ICF/MR's per resident per 115979
day rate paid for those days.115980

       (7) "New ICF/MR" means an ICF/MR to which section 5111.255 of 115981
the Revised Code applies for fiscal year 2012.115982

       (8) "Per diem rate" means the per diem rate calculated 115983
pursuant to sections 5111.20 to 5111.33 of the Revised Code.115984

       (B) If the mean total per diem rate for all ICFs/MR in this 115985
state for fiscal year 2012, weighted by May 2011 Medicaid days and 115986
calculated as of July 1, 2011, exceeds $279.81, the Department of 115987
Job and Family Services shall reduce, for fiscal year 2012, the 115988
total per diem rate for each continuing ICF/MR by a percentage 115989
that is equal to the percentage by which the mean total per diem 115990
rate exceeds $279.81.115991

       (C) The provider of a new ICF/MR shall be paid, for ICF/MR 115992
services the ICF/MR provides during fiscal year 2012, the rate 115993
calculated for the ICF/MR under section 5111.255 of the Revised 115994
Code reduced by the same percentage that the rate for a continuing 115995
ICF/MR is reduced under division (B) of this section.115996

       (D) The rate of an ICF/MR set pursuant to this section shall 115997
not be subject to any adjustments authorized by sections 5111.20 115998
to 5111.33 of the Revised Code, or any rule authorized by those 115999
sections, during the remainder of fiscal year 2012.116000

       (E) If the franchise permit fee must be reduced or eliminated 116001
to comply with federal law, the Department of Job and Family 116002
Services shall reduce the amount it pays providers of ICF/MR 116003
services under this section as necessary to reflect the loss to 116004
the state of the revenue and federal financial participation 116005
generated from the franchise permit fee.116006

       (F) The Department of Job and Family Services shall follow 116007
this section in determining the rate to be paid to the provider of 116008
a continuing ICF/MR or new ICF/MR for ICF/MR services provided 116009
during fiscal year 2012 notwithstanding anything to the contrary 116010
in sections 5111.20 to 5111.33 of the Revised Code, except 116011
sections 5111.258 and 5111.291 of the Revised Code.116012

       Section 309.33.10.  FISCAL YEAR 2013 MEDICAID REIMBURSEMENT 116013
SYSTEM FOR ICFs/MR116014

       (A) As used in this section:116015

       (1) "Change of operator," "entering operator," and "exiting 116016
operator" have the same meanings as in section 5111.65 of the 116017
Revised Code.116018

       (2) "Continuing ICF/MR" means an ICF/MR to which either of 116019
the following apply:116020

       (a) The provider has a valid Medicaid provider agreement for 116021
the ICF/MR on June 30, 2012, and a valid Medicaid provider 116022
agreement for the ICF/MR during fiscal year 2013.116023

       (b) The ICF/MR undergoes a change of operator that takes 116024
effect during fiscal year 2013, the exiting operator has a valid 116025
Medicaid provider agreement for the ICF/MR on June 30, 2012, and 116026
the entering operator has a valid Medicaid provider agreement for 116027
the ICF/MR for at least part of fiscal year 2013 after the change 116028
of operator takes effect.116029

       (3) "Franchise permit fee" and "provider" have the same 116030
meanings as in section 5111.20 of the Revised Code.116031

       (4) "ICF/MR" means an intermediate care facility for the 116032
mentally retarded as defined in section 5111.20 of the Revised 116033
Code.116034

       (5) "ICF/MR services" means services covered by the Medicaid 116035
program that an ICF/MR provides to a Medicaid recipient eligible 116036
for the services.116037

       (6) "Medicaid days" means all days during which a resident 116038
who is a Medicaid recipient occupies a bed in an ICF/MR that is 116039
included in the ICF/MR's Medicaid-certified capacity. Therapeutic 116040
or hospital leave days for which payment is made under section 116041
5111.33 of the Revised Code are considered Medicaid days 116042
proportionate to the percentage of the ICF/MR's per resident per 116043
day rate paid for those days.116044

       (7) "New ICF/MR" means an ICF/MR to which section 5111.255 of 116045
the Revised Code applies for fiscal year 2013.116046

       (8) "Per diem rate" means the per diem rate calculated 116047
pursuant to sections 5111.20 to 5111.33 of the Revised Code.116048

       (B) If the mean total per diem rate for all ICFs/MR in this 116049
state for fiscal year 2013, weighted by May 2012 Medicaid days and 116050
calculated as of July 1, 2012, exceeds $280.14, the Department of 116051
Job and Family Services shall reduce, for fiscal year 2013, the 116052
total per diem rate for each continuing ICF/MR by a percentage 116053
that is equal to the percentage by which the mean total per diem 116054
rate exceeds $280.14.116055

       (C) The provider of a new ICF/MR shall be paid, for ICF/MR 116056
services the ICF/MR provides during fiscal year 2013, the rate 116057
calculated for the ICF/MR under section 5111.255 of the Revised 116058
Code reduced by the same percentage that the rate for a continuing 116059
ICF/MR is reduced under division (B) of this section.116060

       (D) The rate of an ICF/MR set pursuant to this section shall 116061
not be subject to any adjustments authorized by sections 5111.20 116062
to 5111.33 of the Revised Code, or any rule authorized by those 116063
sections, during the remainder of fiscal year 2013.116064

       (E) If the franchise permit fee must be reduced or eliminated 116065
to comply with federal law, the Department of Job and Family 116066
Services shall reduce the amount it pays providers of ICF/MR 116067
services under this section as necessary to reflect the loss to 116068
the state of the revenue and federal financial participation 116069
generated from the franchise permit fee.116070

       (F) The Department of Job and Family Services shall follow 116071
this section in determining the rate to be paid to the provider of 116072
a continuing ICF/MR or new ICF/MR for ICF/MR services provided 116073
during fiscal year 2013 notwithstanding anything to the contrary 116074
in sections 5111.20 to 5111.33 of the Revised Code, except 116075
sections 5111.258 and 5111.291 of the Revised Code.116076

       Section 309.33.20.  WAIVER SERVICES TRANSFERRED TO DEPARTMENT 116077
OF DEVELOPMENTAL DISABILITIES116078

       The Director of Budget and Management shall establish line 116079
items for use by the Department of Developmental Disabilities for 116080
purposes regarding the Department's assumption of powers and 116081
duties under section 5111.871 of the Revised Code regarding the 116082
Medicaid waiver component known as the Transitions Developmental 116083
Disabilities Waiver. The Department of Developmental Disabilities 116084
shall certify to the Director of Budget and Management and the 116085
Director of Job and Family Services the appropriation amounts, in 116086
fiscal year 2012 and fiscal year 2013, necessary for the 116087
Department of Developmental Disabilities to fulfill its 116088
obligations regarding the new powers and duties without 116089
duplicating administration or services that remain with the 116090
Department of Job and Family Services. The Department of Job and 116091
Family Services shall certify to the Director of Budget and 116092
Management that there is an equal reduction in the Department of 116093
Job and Family Services' administration and services as is being 116094
certified by the Department of Developmental Disabilities.116095

       Once all certifications required under this section have been 116096
submitted and approved by the Director of Budget and Management, 116097
the appropriation items established under this section are hereby 116098
appropriated in the amounts approved by the Director of Budget and 116099
Management. The appropriations to the Department of Developmental 116100
Disabilities in each fiscal year shall not exceed the aggregate 116101
amount of expenditures that the Department of Job and Family 116102
Services made in fiscal year 2011 for services provided under the 116103
Transitions Developmental Disabilities Waiver and related 116104
administrative costs. Appropriation item 600525, Health 116105
Care/Medicaid, is hereby reduced by the corresponding state and 116106
federal share of the amounts appropriated under this section to 116107
the Department of Developmental Disabilities in each fiscal year.116108

       Section 309.33.30. ADMINISTRATIVE ISSUES RELATED TO 116109
TERMINATION OF MEDICAID WAIVER PROGRAMS116110

       (A) As used in this section, "ODJFS or ODA Medicaid waiver 116111
component" means the following:116112

       (1) The Medicaid waiver component of the PASSPORT program 116113
created under section 173.40 of the Revised Code;116114

       (2) The Choices program created under section 173.403 of the 116115
Revised Code;116116

       (3) The Ohio Home Care program created under section 5111.861 116117
of the Revised Code;116118

       (4) The Ohio Transitions II Aging Carve-Out program created 116119
under section 5111.862 of the Revised Code;116120

       (5) The Medicaid waiver component of the Assisted Living 116121
program created under section 5111.89 of the Revised Code.116122

       (B) If an ODJFS or ODA Medicaid waiver component is 116123
terminated under section 173.40, 173.403, 5111.861, 5111.862, or 116124
5111.89 of the Revised Code, all of the following apply:116125

       (1) All applicable statutes, and all applicable rules, 116126
standards, guidelines, or orders issued by the Director or 116127
Department of Job and Family Services or Director or Department of 116128
Aging before the component is terminated, shall remain in full 116129
force and effect on and after that date, but solely for purposes 116130
of concluding the component's operations, including fulfilling the 116131
Departments' legal obligations for claims arising from the 116132
component relating to eligibility determinations, covered medical 116133
assistance provided to eligible persons, and recovering erroneous 116134
overpayments.116135

       (2) Notwithstanding the termination of the component, the 116136
right of subrogation for the cost of medical assistance given 116137
under section 5101.58 of the Revised Code to the Department of Job 116138
and Family Services and an assignment of the right to medical 116139
assistance given under section 5101.59 of the Revised Code to the 116140
Department continue to apply with respect to the component and 116141
remain in force to the full extent provided under those sections.116142

       (3) The Departments of Job and Family Services and Aging may 116143
use appropriated funds to satisfy any claims or contingent claims 116144
for medical assistance provided under the component before the 116145
component's termination.116146

       (4) Neither department has liability under the component to 116147
reimburse any provider or other person for claims for medical 116148
assistance rendered under the component after it is terminated.116149

       (C) The Directors of Job and Family Services and Aging may 116150
adopt rules in accordance with Chapter 119. of the Revised Code to 116151
implement this section.116152

       Section 309.33.40. MEDICAID QUALITY IMPROVEMENT INITIATIVES 116153
FOR CHILDREN116154

       Building on the quality improvement work of the Best Evidence 116155
for Advancing Child Health in Ohio Now (BEACON) Council, the 116156
Departments of Health, Mental Health, and Job and Family Services, 116157
in conjunction with the Governor's Office of Health 116158
Transformation, may seek assistance from, and work with, hospitals 116159
and other provider groups to identify specific targets and 116160
initiatives to reduce the cost, and improve the quality, of 116161
medical assistance provided under the Medicaid program to 116162
children. At a minimum, the targets and initiatives shall focus on 116163
reducing all of the following:116164

       (A) Avoidable hospitalizations;116165

       (B) Inappropriate emergency room utilization;116166

       (C) Use of multiple medications when not medically indicated;116167

       (D) The state's rate of premature births;116168

       (E) The state's rate of elective, preterm births.116169

       If the Departments of Health, Mental Health, and Job and 116170
Family Services identify initiatives under this section, they 116171
shall make the initiatives available on their internet web sites. 116172
The Departments shall also make a list of hospitals and other 116173
provider groups involved in the initiatives available on their 116174
internet web sites.116175

       Section 309.33.50. EXPANSION AND EVALUATION OF PACE PROGRAM116176

        (A) In order to effectively administer and manage growth 116177
within the PACE Program, the Director of Aging, in consultation 116178
with the Director of Job and Family Services, may expand the PACE 116179
Program to regions of the state beyond those currently served by 116180
the PACE Program if both of the following apply:116181

        (1) Funding is available for the expansion.116182

        (2) The Directors of Aging and Job and Family Services 116183
mutually determine, taking into consideration the results of the 116184
evaluation conducted under division (B) of this section, that the 116185
PACE Program is a cost effective alternative to nursing home care.116186

        (B) The Director of Aging shall contract with Miami 116187
University's Scripps Gerontology Center for an evaluation of the 116188
PACE program. The contract shall require the Center, in conducting 116189
the evaluation, to collaborate with the Director and PACE 116190
providers and to take into account the PACE Program's unique 116191
features.116192

        (C) The Directors of Aging and Job and Family Services shall 116193
use their best efforts to achieve an arrangement with the United 116194
States Centers for Medicare and Medicaid Services (CMS) under 116195
which CMS agrees to share with the state any savings to the 116196
Medicare program resulting from an expansion of the PACE Program.116197

       (D) If the PACE Program is expanded, the Director of Aging 116198
may not decrease the number of individuals in Cuyahoga and 116199
Hamilton counties and parts of Butler, Clermont, and Warren 116200
counties who are participants in the PACE Program below the number 116201
of individuals in those counties and parts of counties who were 116202
participants in the PACE Program on July 1, 2011.116203

       Section 309.33.60.  REPEAL OF THE CHILDREN'S BUY-IN PROGRAM116204

        (A) Notwithstanding sections 5101.5211 to 5101.5216 of the 116205
Revised Code and all references in the Revised Code to those 116206
sections or the Children's Buy-In Program, no person may enroll in 116207
the Program on or after the effective date of this section.116208

       Notwithstanding this act's repeal on October 1, 2011, of the 116209
statutes under which the Program is operated, persons enrolled in 116210
the Program immediately prior to that date may continue to receive 116211
services under the Program, as if those statutes were not 116212
repealed. Such persons may receive the services through December 116213
31, 2011, as long as they remain eligible for the Program.116214

       (B) Commencing on the effective date of this section, the 116215
Director of Job and Family Services shall take steps as necessary 116216
to transition persons enrolled in the Program to other health 116217
coverage options and otherwise conclude Program operations.116218

       All Program-related rules, standards, guidelines, or orders 116219
issued by the Director or Department of Job and Family Services 116220
prior to October 1, 2011, shall remain in full force and effect on 116221
and after that date, but solely for purposes of concluding the 116222
Program's operations. Such purposes include permitting eligible 116223
persons to receive services under the Program through December 31, 116224
2011, as authorized by this section, and fulfilling the 116225
Department's legal obligations for claims arising from the Program 116226
relating to eligibility determinations, covered medical services 116227
rendered to eligible persons, and recovering erroneous 116228
overpayments.116229

       (C) Notwithstanding this act's repeal of the statutes 116230
authorizing the Program, the right of subrogation for the cost of 116231
medical services and care given under section 5101.58 of the 116232
Revised Code to the Department and an assignment of the right to 116233
medical support given under section 5101.59 of the Revised Code to 116234
the Department continue to apply with respect to the Program and 116235
remain in force to the full extent provided under those sections.116236

       (D) The Department may use appropriated funds to satisfy any 116237
claims or contingent claims for services rendered to Program 116238
participants prior to October 1, 2011, and to eligible persons who 116239
receive services under the Program through December 31, 2011, as 116240
authorized by this section. The Department has no liability under 116241
the Program to reimburse any provider or other person for claims 116242
for services rendered on or after January 1, 2012.116243

       (E) The Department may adopt rules in accordance with section 116244
111.15 of the Revised Code to implement this section.116245

       Section 309.33.70. CONTINUATION OF DISPENSING FEE FOR 116246
NONCOMPOUNDED DRUGS116247

        The Medicaid dispensing fee for each noncompounded drug 116248
covered by the Medicaid program shall be $1.80 for the period 116249
beginning July 1, 2011, and ending on the effective date of a 116250
rule, or an amendment to a rule, changing the amount of the fee 116251
that the Director of Job and Family Services adopts or amends 116252
under section 5111.02 of the Revised Code.116253

       Section 309.33.80. MONEY FOLLOWS THE PERSON ENHANCED 116254
REIMBURSEMENT FUND116255

        The Money Follows the Person Enhanced Reimbursement Fund, 116256
created by Section 751.20 of Am. Sub. H.B. 562 of the 127th 116257
General Assembly, shall continue to exist in the state treasury 116258
for fiscal year 2012 and fiscal year 2013. The federal payments 116259
made to the state under subsection (e) of section 6071 of the 116260
"Deficit Reduction Act of 2005," Pub. L. No. 109-171, as amended, 116261
shall be deposited into the fund. The Department of Job and Family 116262
Services shall continue to use money deposited into the fund for 116263
system reform activities related to the Money Follows the Person 116264
demonstration project.116265

       Section 309.33.90. MEDICARE PART D116266

       The foregoing appropriation item 600526, Medicare Part D, may 116267
be used by the Department of Job and Family Services for the 116268
implementation and operation of the Medicare Part D requirements 116269
contained in the "Medicare Prescription Drug, Improvement, and 116270
Modernization Act of 2003," Pub. L. No. 108-173, as amended. Upon 116271
the request of the Department of Job and Family Services, the 116272
Director of Budget and Management may transfer the state share of 116273
appropriations between appropriation item 600525, Health 116274
Care/Medicaid, or appropriation item 600526, Medicare Part D. If 116275
the state share of appropriation item 600525, Health 116276
Care/Medicaid, is adjusted, the Director of Budget and Management 116277
shall adjust the federal share accordingly. The Department of Job 116278
and Family Services shall provide notification to the Controlling 116279
Board of any transfers at the next scheduled Controlling Board 116280
meeting.116281

       Section 309.35.10. REBALANCING LONG-TERM CARE116282

       (A) As used in this section:116283

       "Balancing Incentive Payments Program" means the program 116284
established under section 10202 of the Patient Protection and 116285
Affordable Care Act.116286

       "Long-term services and supports" has the same meaning as in 116287
section 10202(f)(1) of the Patient Protection and Affordable Care 116288
Act.116289

       "Non-institutionally-based long-term services and supports" 116290
has the same meaning as in section 10202(f)(1)(B) of the Patient 116291
Protection and Affordable Care Act.116292

       "Patient Protection and Affordable Care Act" means Public Law 116293
111-148.116294

       (B) The Departments of Job and Family Services, Aging, and 116295
Developmental Disabilities shall continue efforts to achieve a 116296
sustainable and balanced delivery system for long-term services 116297
and supports. In so doing, the Departments shall strive to realize 116298
the following goals by June 30, 2013:116299

       (1) Having at least fifty per cent of Medicaid recipients who 116300
are sixty years of age or older and need long-term services and 116301
supports utilize non-institutionally-based long-term services and 116302
supports;116303

       (2) Having at least sixty per cent of Medicaid recipients who 116304
are less than sixty years of age and have cognitive or physical 116305
disabilities for which long-term services and supports are needed 116306
utilize non-institutionally-based long-term services and supports.116307

       (C) If the Department of Job and Family Services determines 116308
that participating in the Balancing Incentive Payments Program 116309
will assist in achieving the goals specified in division (B) of 116310
this section, the Department may apply to the United States 116311
Secretary of Health and Human Services to participate in the 116312
program. Any funds the state receives as the result of the 116313
enhanced federal financial participation provided to states 116314
participating in the Balancing Incentive Payments Program shall be 116315
deposited into the Balancing Incentive Payments Program Fund, 116316
which is hereby created in the state treasury. The Department of 116317
Job and Family Services shall use the money in the fund in 116318
accordance with section 10202(c)(4) of the Patient Protection and 116319
Affordable Care Act.116320

       Section 309.35.20. BALANCING INCENTIVE PAYMENTS PROGRAM FUND116321

        The Director of Job and Family Services may seek Controlling 116322
Board approval to make expenditures from the Balancing Incentive 116323
Payments Program Fund. 116324

       Section 309.35.30. DUAL ELIGIBLE INTEGRATED CARE 116325
DEMONSTRATION PROJECT116326

       The Director of Job and Family Services may seek Controlling 116327
Board approval to make expenditures from the Integrated Care 116328
Delivery Systems Fund.116329

       Section 309.35.40. OHIO ACCESS SUCCESS PROJECT AND 116330
IDENTIFICATION OF OVERPAYMENTS116331

       (A) Notwithstanding any limitations in sections 3721.51 and 116332
3721.56 of the Revised Code, in each fiscal year, cash from the 116333
Nursing Home Franchise Permit Fee Fund (Fund 5R20) may be used by 116334
the Department of Job and Family Services for the following 116335
purposes:116336

        (1) Up to $3,000,000 in each fiscal year to fund the state 116337
share of audits or limited reviews of Medicaid providers;116338

       (2) Up to $450,000 in each fiscal year to provide one-time 116339
transitional benefits under the Ohio Access Success Project that 116340
the Director of Job and Family Services may establish under 116341
section 5111.97 of the Revised Code.116342

       (B) On July 1, 2011, or as soon as possible thereafter, the 116343
Director of Budget and Management shall transfer the cash balance 116344
in the Home and Community-Based Services for the Aged Fund (Fund 116345
4J50) to the Nursing Home Franchise Permit Fee Fund (Fund 5R20). 116346
The transferred cash is hereby appropriated. Upon completion of 116347
the transfer, Fund 4J50 is abolished. The Director shall cancel 116348
any existing encumbrances against appropriation item 600613, 116349
Nursing Facility Bed Assessments, and appropriation item 600618, 116350
Residential State Supplement Payments, and reestablish them 116351
against appropriation item 600608, Medicaid - Nursing Facilities.116352

       Section 309.35.50. PROVIDER FRANCHISE FEE OFFSETS116353

       (A) At least quarterly, the Director of Job and Family 116354
Services shall certify to the Director of Budget and Management 116355
both of the following:116356

       (1) The amount of offsets withheld under section 3721.541 of 116357
the Revised Code from payments made from the General Revenue Fund. 116358

       (2) The amount of offsets withheld under section 5112.341 of 116359
the Revised Code from payments made from the General Revenue Fund.116360

       (B) The Director of Budget and Management may transfer cash 116361
from the General Revenue Fund to all of the following:116362

       (1) The Nursing Home Franchise Permit Fee Fund (Fund 5R20), 116363
in accordance with section 3721.56 of the Revised Code;116364

       (2) The ICF/MR Bed Assessments Fund (Fund 4K10).116365

       (C) Amounts transferred pursuant to this section are hereby 116366
appropriated.116367

       Section 309.35.60. TRANSFER OF FUNDS TO THE DEPARTMENT OF 116368
DEVELOPMENTAL DISABILITIES116369

       The Department of Job and Family Services may transfer cash 116370
in each fiscal year from the ICF/MR Bed Assessments Fund (Fund 116371
4K10) to the Home and Community-Based Services Fund (Fund 4K80), 116372
used by the Department of Developmental Disabilities. The amount 116373
to be transferred shall be agreed to by both departments. The 116374
transfer may occur on a quarterly basis or on a schedule developed 116375
and agreed to by both departments. The transfer may be made using 116376
an intrastate transfer voucher.116377

       Section 309.35.70. HOSPITAL CARE ASSURANCE MATCH116378

       The foregoing appropriation item 600650, Hospital Care 116379
Assurance Match, shall be used by the Department of Job and Family 116380
Services solely for distributing funds to hospitals under section 116381
5112.08 of the Revised Code.116382

       Section 309.35.80. HEALTH CARE SERVICES ADMINISTRATION FUND116383

       Of the amount received by the Department of Job and Family 116384
Services during fiscal year 2012 and fiscal year 2013 from the 116385
first installment of assessments paid under section 5112.06 of the 116386
Revised Code and intergovernmental transfers made under section 116387
5112.07 of the Revised Code, the Director of Job and Family 116388
Services shall deposit $350,000 in each fiscal year into the state 116389
treasury to the credit of the Health Care Services Administration 116390
Fund (Fund 5U30).116391

       Section 309.35.90. TRANSFERS OF OFFSETS TO THE HEALTH CARE 116392
SERVICES ADMINISTRATION FUND116393

       (A) As used in this section:116394

       "Hospital offset" means an offset from a hospital's Medicaid 116395
payment authorized by section 5112.991 of the Revised Code.116396

       "Vendor offset" means a reduction of a Medicaid payment to a 116397
Medicaid provider to correct a previous, incorrect Medicaid 116398
payment. 116399

       (B) At least quarterly during fiscal year 2012 and fiscal 116400
year 2013, the Director of Job and Family Services shall certify 116401
to the Director of Budget and Management the amount of hospital 116402
offsets and vendor offsets for the period covered by the 116403
certification and the particular funds that would have been used 116404
to make the extra payments to providers if not for the offsets. 116405
The certification shall specify how much extra would have been 116406
taken from each of the funds if not for the hospital offsets and 116407
vendor offsets.116408

       (C) On receipt of a certification under division (B) of this 116409
section, the Director of Budget and Management shall transfer cash 116410
from the funds identified in the certification to the Health Care 116411
Services Administration Fund (Fund 5U30). The amount transferred 116412
from a fund shall equal the amount that would have been taken from 116413
the fund if not for the hospital offsets and vendor offsets as 116414
specified in the certification. The transferred cash is hereby 116415
appropriated. 116416

       Section 309.37.10. PROVIDER APPLICATION FEES116417

       If receipts credited to the Health Care Services 116418
Administration Fund (Fund 5U30) exceed the amounts appropriated 116419
from the fund, the Director of Job and Family Services may seek 116420
Controlling Board approval to increase the appropriations in 116421
appropriation item 600654, Health Care Services Administration.116422

       Section 309.37.20. INTERAGENCY REIMBURSEMENT116423

       The Director of Job and Family Services may request the 116424
Director of Budget and Management to increase appropriation item 116425
600655, Interagency Reimbursement. Upon the approval of the 116426
Director of Budget and Management, the additional amounts are 116427
hereby appropriated.116428

       Section 309.37.30. MEDICAID PROGRAM SUPPORT FUND - STATE116429

       The foregoing appropriation item 600671, Medicaid Program 116430
Support, shall be used by the Department of Job and Family 116431
Services to pay for Medicaid services and contracts. The 116432
Department may also deposit to the Medicaid Program Support Fund 116433
(Fund 5C90) revenues received from other state agencies for 116434
Medicaid services under the terms of interagency agreements 116435
between the Department and other state agencies.116436

       Section 309.37.40. TRANSFERS OF IMD/DSH CASH TO THE 116437
DEPARTMENT OF MENTAL HEALTH116438

       The Department of Job and Family Services shall transfer cash 116439
from the Medicaid Program Support Fund (Fund 5C90), to the 116440
Behavioral Health Medicaid Services Fund (Fund 4X50), used by the 116441
Department of Mental Health, in accordance with an interagency 116442
agreement that delegates authority from the Department of Job and 116443
Family Services to the Department of Mental Health to administer 116444
specified Medicaid services. The transfer shall be made using an 116445
intrastate transfer voucher.116446

       Section 309.37.50.  PRESCRIPTION DRUG COVERAGE UNDER MEDICAID 116447
MANAGED CARE116448

       (A) Not later than October 1, 2011, the Department of Job and 116449
Family Services shall enter into new contracts or amend existing 116450
contracts with health insuring corporations, pursuant to section 116451
5111.17 of the Revised Code, as the Department considers necessary 116452
to require, in accordance with section 5111.172 of the Revised 116453
Code, as amended by this act, that each health insuring 116454
corporation participating in the Medicaid care management system 116455
include coverage of prescription drugs for the Medicaid recipients 116456
who are enrolled in the health insuring corporation.116457

       (B) For a period of one hundred twenty days immediately 116458
following the effective date of the inclusion of prescription drug 116459
coverage under a new or amended contract with a health insuring 116460
corporation pursuant to division (A) of this section, both of the 116461
following apply:116462

       (1) If, immediately prior to the effective date of the 116463
coverage, a Medicaid recipient enrolled in the health insuring 116464
corporation was being treated with an antidepressant or 116465
antipsychotic described in division (B)(2) of section 5111.172 of 116466
the Revised Code, as amended by this act, the health insuring 116467
corporation shall provide coverage of the drug without imposing a 116468
prior authorization requirement.116469

       (2) Notwithstanding division (B)(3) of section 5111.172 of 116470
the Revised Code, as amended by this act, the health insuring 116471
corporation shall permit the health professional who was 116472
prescribing the drug to continue prescribing the drug for the 116473
Medicaid recipient, regardless of whether the prescriber is a 116474
psychiatrist as described in that division.116475

       Section 309.40. FAMILY STABILITY116476

       Section 309.40.10. FOOD STAMPS TRANSFER116477

       On July 1, 2011, or as soon as possible thereafter, the 116478
Director of Budget and Management may transfer up to $1,000,000 116479
cash from the Food Stamp Program Fund (Fund 3840), to the Food 116480
Assistance Fund (Fund 5ES0).116481

       Section 309.40.20. NAME OF FOOD STAMP PROGRAM116482

       The Director of Job and Family Services is not required to 116483
amend rules regarding the Food Stamp Program to change the name of 116484
the program to the Supplemental Nutrition Assistance Program. The 116485
Director may refer to the program as the Food Stamp Program or the 116486
Food Assistance Program in rules and documents of the Department 116487
of Job and Family Services.116488

       Section 309.40.30. OHIO ASSOCIATION OF SECOND HARVEST FOOD 116489
BANKS116490

       The foregoing appropriation item 600540, Second Harvest Food 116491
Banks, shall be used to provide funds to the Ohio Association of 116492
Second Harvest Food Banks to purchase and distribute food 116493
products.116494

       Notwithstanding section 5101.46 of the Revised Code and any 116495
other provision in this bill, in addition to funds designated for 116496
the Ohio Association of Second Harvest Food Banks in this section, 116497
in fiscal year 2012 and fiscal year 2013, the Director of Job and 116498
Family Services shall provide assistance from eligible funds to 116499
the Ohio Association of Second Harvest Food Banks in an amount up 116500
to or equal to the assistance provided in state fiscal year 2011 116501
from all funds used by the Department, except the General Revenue 116502
Fund.116503

       Eligible nonfederal expenditures made by member food banks of 116504
the Association shall be counted by the Department of Job and 116505
Family Services toward the TANF maintenance of effort requirements 116506
of 42 U.S.C. 609(a)(7). The Director of Job and Family Services 116507
shall enter into an agreement with the Ohio Association of Second 116508
Harvest Food Banks, in accordance with sections 5101.80 and 116509
5101.801 of the Revised Code, to carry out the requirements under 116510
this section. 116511

       Section 309.40.40. CHILD SUPPORT COLLECTIONS/TANF MOE116512

       The foregoing appropriation item 600658, Child Support 116513
Collections, shall be used by the Department of Job and Family 116514
Services to meet the TANF maintenance of effort requirements of 42 116515
U.S.C. 609(a)(7). When the state is assured that it will meet the 116516
maintenance of effort requirement, the Department of Job and 116517
Family Services may use funds from appropriation item 600658, 116518
Child Support Collections, to support public assistance 116519
activities.116520

       Section 309.50. CHILD WELFARE116521

       Section 309.50.10. DIFFERENTIAL RESPONSE 116522

       In accordance with an independent evaluation of the Ohio 116523
Alternative Response Pilot Program that recommended statewide 116524
implementation, the Department of Job and Family Services shall 116525
plan the statewide expansion of the Ohio Alternative Response 116526
Pilot Program on a county by county basis, through a schedule 116527
determined by the Department. The program shall be known as the 116528
"differential response" approach as defined in section 2151.011 of 116529
the Revised Code. Notwithstanding provisions of Chapter 2151. of 116530
the Revised Code that refer to "differential response," 116531
"traditional response," and "alternative response," those 116532
provisions shall become effective on the scheduled date of 116533
expansion of the differential response approach to that county. 116534
Prior to statewide implementation, the Department may adopt rules 116535
in accordance with Chapter 119. of the Revised Code as necessary 116536
to carry out the purposes of this section.116537

       Section 309.50.20. FLEXIBLE FUNDING FOR FAMILIES AND CHILDREN116538

       In collaboration with the county family and children first 116539
council, a county department of job and family services or public 116540
children services agency that receives an allocation from the 116541
Department of Job and Family Services from the foregoing 116542
appropriation item 600523, Children and Families Services, or 116543
600533, Child, Family, and Adult Community & Protective Services, 116544
may transfer a portion of either or both allocations to a flexible 116545
funding pool as authorized by the section titled FAMILY AND 116546
CHILDREN FIRST FLEXIBLE FUNDING POOL.116547

       Section 309.50.30. CHILD, FAMILY, AND ADULT COMMUNITY AND 116548
PROTECTIVE SERVICES116549

        (A) The foregoing appropriation item 600533, Child, Family, 116550
and Adult Community & Protective Services, shall be distributed to 116551
each county department of job and family services using the 116552
formula the Department of Job and Family Services uses when 116553
distributing Title XX funds to county departments of job and 116554
family services under section 5101.46 of the Revised Code. County 116555
departments shall use the funds distributed to them under this 116556
section as follows, in accordance with the written plan of 116557
cooperation entered into under section 307.983 of the Revised 116558
Code:116559

        (1) To assist individuals achieve or maintain 116560
self-sufficiency, including by reducing or preventing dependency 116561
among individuals with family income not exceeding two hundred per 116562
cent of the federal poverty guidelines;116563

        (2) Subject to division (B) of this section, to respond to 116564
reports of abuse, neglect, or exploitation of children and adults, 116565
including through the differential response approach program 116566
developed under Section 309.50.10 of this act;116567

        (3) To provide outreach and referral services regarding home 116568
and community-based services to individuals at risk of placement 116569
in a group home or institution, regardless of the individuals' 116570
family income and without need for a written application;116571

        (4) To provide outreach, referral, application assistance, 116572
and other services to assist individuals receive assistance, 116573
benefits, or services under Medicaid; Title IV-A programs, as 116574
defined in section 5101.80 of the Revised Code; the Supplemental 116575
Nutrition Assistance Program; and other public assistance 116576
programs.116577

        (B) Protective services may be provided to a child or adult 116578
as part of a response, under division (A)(2) of this section, to a 116579
report of abuse, neglect, or exploitation without regard to a 116580
child or adult's family income and without need for a written 116581
application. The protective services may be provided if the case 116582
record documents circumstances of actual or potential abuse, 116583
neglect, or exploitation.116584

       Section 309.50.40. ADOPTION ASSISTANCE LOAN116585

       Of the foregoing appropriation item 600634, Adoption 116586
Assistance Loan, the Department of Job and Family Services may use 116587
up to ten per cent for administration of adoption assistance loans 116588
pursuant to section 3107.018 of the Revised Code.116589

       Section 309.60. UNEMPLOYMENT COMPENSATION116590

       Section 309.60.10. FEDERAL UNEMPLOYMENT PROGRAMS116591

       All unexpended funds remaining at the end of fiscal year 2011 116592
that were appropriated and made available to the state under 116593
section 903(d) of the Social Security Act, as amended, in the 116594
foregoing appropriation item 600678, Federal Unemployment Programs 116595
(Fund 3V40), are hereby appropriated to the Department of Job and 116596
Family Services. Upon the request of the Director of Job and 116597
Family Services, the Director of Budget and Management may 116598
increase the appropriation for fiscal year 2012 by the amount 116599
remaining unspent from the fiscal year 2011 appropriation and may 116600
increase the appropriation for fiscal year 2013 by the amount 116601
remaining unspent from the fiscal year 2012 appropriation. The 116602
appropriation shall be used under the direction of the Department 116603
of Job and Family Services to pay for administrative activities 116604
for the Unemployment Insurance Program, employment services, and 116605
other allowable expenditures under section 903(d) of the Social 116606
Security Act, as amended.116607

       The amounts obligated pursuant to this section shall not 116608
exceed at any time the amount by which the aggregate of the 116609
amounts transferred to the account of the state under section 116610
903(d) of the Social Security Act, as amended, exceeds the 116611
aggregate of the amounts obligated for administration and paid out 116612
for benefits and required by law to be charged against the amounts 116613
transferred to the account of the state.116614

       Section 311.10. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW116615

General Revenue Fund116616

GRF 029321 Operating Expenses $ 435,168 $ 435,168 116617
TOTAL GRF General Revenue Fund $ 435,168 $ 435,168 116618
TOTAL ALL BUDGET FUND GROUPS $ 435,168 $ 435,168 116619

       OPERATING GUIDANCE116620

       The Chief Administrative Officer of the House of 116621
Representatives and the Clerk of the Senate shall determine, by 116622
mutual agreement, which of them shall act as fiscal agent for the 116623
Joint Committee on Agency Rule Review. Members of the Committee 116624
shall be paid in accordance with section 101.35 of the Revised 116625
Code.116626

       OPERATING EXPENSES116627

       On July 1, 2011, or as soon as possible thereafter, the 116628
Executive Director of the Joint Committee on Agency Rule Review 116629
may certify to the Director of Budget and Management the amount of 116630
the unexpended, unencumbered balance of the foregoing 116631
appropriation item 029321, Operating Expenses, at the end of 116632
fiscal year 2011 to be reappropriated to fiscal year 2012. The 116633
amount certified is hereby reappropriated to the same 116634
appropriation item for fiscal year 2012.116635

       On July 1, 2012, or as soon as possible thereafter, the 116636
Executive Director of the Joint Committee on Agency Rule Review 116637
may certify to the Director of Budget and Management the amount of 116638
the unexpended, unencumbered balance of the foregoing 116639
appropriation item 029321, Operating Expenses, at the end of 116640
fiscal year 2012 to be reappropriated to fiscal year 2013. The 116641
amount certified is hereby reappropriated to the same 116642
appropriation item for fiscal year 2013. 116643

       Section 313.10.  JCO JUDICIAL CONFERENCE OF OHIO116644

General Revenue Fund116645

GRF 018321 Operating Expenses $ 720,000 $ 720,000 116646
TOTAL GRF General Revenue Fund $ 720,000 $ 720,000 116647

General Services Fund Group116648

4030 018601 Ohio Jury Instructions $ 350,000 $ 350,000 116649
TOTAL GSF General Services Fund Group $ 350,000 $ 350,000 116650
TOTAL ALL BUDGET FUND GROUPS $ 1,070,000 $ 1,070,000 116651

       OHIO JURY INSTRUCTIONS FUND116652

       The Ohio Jury Instructions Fund (Fund 4030) shall consist of 116653
grants, royalties, dues, conference fees, bequests, devises, and 116654
other gifts received for the purpose of supporting costs incurred 116655
by the Judicial Conference of Ohio in its activities as a part of 116656
the judicial system of the state as determined by the Judicial 116657
Conference Executive Committee. Fund 4030 shall be used by the 116658
Judicial Conference of Ohio to pay expenses incurred in its 116659
activities as a part of the judicial system of the state as 116660
determined by the Judicial Conference Executive Committee. All 116661
moneys accruing to Fund 4030 in excess of $350,000 in fiscal year 116662
2012 and in excess of $350,000 in fiscal year 2013 are hereby 116663
appropriated for the purposes authorized.116664

       No money in Fund 4030 shall be transferred to any other fund 116665
by the Director of Budget and Management or the Controlling Board.116666

       Section 315.10.  JSC THE JUDICIARY/SUPREME COURT116667

General Revenue Fund116668

GRF 005321 Operating Expenses - Judiciary/Supreme Court $ 133,497,850 $ 132,358,640 116669
GRF 005401 State Criminal Sentencing Council $ 206,770 $ 206,770 116670
GRF 005406 Law Related Education $ 236,172 $ 236,172 116671
GRF 005409 Ohio Courts Technology Initiative $ 2,150,000 $ 2,150,000 116672
TOTAL GRF General Revenue Fund $ 136,090,792 $ 134,951,582 116673

General Services Fund Group116674

6720 005601 Continuing Judicial Education $ 172,142 $ 169,420 116675
TOTAL GSF General Services Fund Group $ 172,142 $ 169,420 116676

Federal Special Revenue Fund Group116677

3J00 005603 Federal Grants $ 1,653,317 $ 1,605,717 116678
TOTAL FED Federal Special Revenue Fund Group $ 1,653,317 $ 1,605,717 116679

State Special Revenue Fund Group116680

4C80 005605 Attorney Services $ 3,718,328 $ 3,695,192 116681
5HT0 005617 Court Interpreter Certification $ 39,000 $ 39,000 116682
5T80 005609 Grants and Awards $ 50,000 $ 50,000 116683
6A80 005606 Supreme Court Admissions $ 1,223,340 $ 1,205,056 116684
TOTAL SSR State Special Revenue Fund Group $ 5,030,668 $ 4,989,248 116685
TOTAL ALL BUDGET FUND GROUPS $ 142,946,919 $ 141,715,967 116686

       LAW-RELATED EDUCATION116687

       The foregoing appropriation item 005406, Law-Related 116688
Education, shall be distributed directly to the Ohio Center for 116689
Law-Related Education for the purposes of providing continuing 116690
citizenship education activities to primary and secondary 116691
students, expanding delinquency prevention programs, increasing 116692
activities for at-risk youth, and accessing additional public and 116693
private money for new programs.116694

       OHIO COURTS TECHNOLOGY INITIATIVE116695

       The foregoing appropriation item 005409, Ohio Courts 116696
Technology Initiative, shall be used to fund an initiative by the 116697
Supreme Court to facilitate the exchange of information and 116698
warehousing of data by and between Ohio courts and other justice 116699
system partners through the creation of an Ohio Courts Network, 116700
the delivery of technology services to courts throughout the 116701
state, including the provision of hardware, software, and the 116702
development and implementation of educational and training 116703
programs for judges and court personnel, and operation of the 116704
Commission on Technology and the Courts by the Supreme Court for 116705
the promulgation of statewide rules, policies, and uniform 116706
standards, and to aid in the orderly adoption and comprehensive 116707
use of technology in Ohio courts.116708

       CONTINUING JUDICIAL EDUCATION116709

       The Continuing Judicial Education Fund (Fund 6720) shall 116710
consist of fees paid by judges and court personnel for attending 116711
continuing education courses and other gifts and grants received 116712
for the purpose of continuing judicial education. The foregoing 116713
appropriation item 005601, Continuing Judicial Education, shall be 116714
used to pay expenses for continuing education courses for judges 116715
and court personnel. If it is determined by the Administrative 116716
Director of the Supreme Court that additional appropriations are 116717
necessary, the amounts are hereby appropriated.116718

       No money in Fund 6720 shall be transferred to any other fund 116719
by the Director of Budget and Management or the Controlling Board. 116720
Interest earned on money in Fund 6720 shall be credited to the 116721
fund.116722

       FEDERAL GRANTS116723

       The Federal Grants Fund (Fund 3J00) shall consist of grants 116724
and other moneys awarded to the Supreme Court (The Judiciary) by 116725
the United States Government or other entities that receive the 116726
moneys directly from the United States Government and distribute 116727
those moneys to the Supreme Court (The Judiciary). The foregoing 116728
appropriation item 005603, Federal Grants, shall be used in a 116729
manner consistent with the purpose of the grant or award. If it is 116730
determined by the Administrative Director of the Supreme Court 116731
that additional appropriations are necessary, the amounts are 116732
hereby appropriated.116733

       No money in Fund 3J00 shall be transferred to any other fund 116734
by the Director of Budget and Management or the Controlling Board. 116735
However, interest earned on money in Fund 3J00 shall be credited 116736
or transferred to the General Revenue Fund.116737

       ATTORNEY SERVICES116738

       The Attorney Services Fund (Fund 4C80), formerly known as the 116739
Attorney Registration Fund, shall consist of money received by the 116740
Supreme Court (The Judiciary) pursuant to the Rules for the 116741
Government of the Bar of Ohio. In addition to funding other 116742
activities considered appropriate by the Supreme Court, the 116743
foregoing appropriation item 005605, Attorney Services, may be 116744
used to compensate employees and to fund appropriate activities of 116745
the following offices established by the Supreme Court: the Office 116746
of Disciplinary Counsel, the Board of Commissioners on Grievances 116747
and Discipline, the Clients' Security Fund, and the Attorney 116748
Services Division. If it is determined by the Administrative 116749
Director of the Supreme Court that additional appropriations are 116750
necessary, the amounts are hereby appropriated.116751

       No money in Fund 4C80 shall be transferred to any other fund 116752
by the Director of Budget and Management or the Controlling Board. 116753
Interest earned on money in Fund 4C80 shall be credited to the 116754
fund.116755

       COURT INTERPRETER CERTIFICATION116756

       The Court Interpreter Certification Fund (Fund 5HT0) shall 116757
consist of money received by the Supreme Court (The Judiciary) 116758
pursuant to Rules 80 through 87 of the Rules of Superintendence 116759
for the Courts of Ohio. The foregoing appropriation item 005617, 116760
Court Interpreter Certification, shall be used to provide 116761
training, to provide the written examination, and to pay language 116762
experts to rate, or grade, the oral examinations of those applying 116763
to become certified court interpreters. If it is determined by the 116764
Administrative Director that additional appropriations are 116765
necessary, the amounts are hereby appropriated.116766

       No money in Fund 5HT0 shall be transferred to any other fund 116767
by the Director of Budget and Management or the Controlling Board. 116768
Interest earned on money in Fund 5HT0 shall be credited to the 116769
fund.116770

       GRANTS AND AWARDS116771

       The Grants and Awards Fund (Fund 5T80) shall consist of 116772
grants and other money awarded to the Supreme Court (The 116773
Judiciary) by the State Justice Institute, the Division of 116774
Criminal Justice Services, or other entities. The foregoing 116775
appropriation item 005609, Grants and Awards, shall be used in a 116776
manner consistent with the purpose of the grant or award. If it is 116777
determined by the Administrative Director of the Supreme Court 116778
that additional appropriations are necessary, the amounts are 116779
hereby appropriated.116780

       No money in Fund 5T80 shall be transferred to any other fund 116781
by the Director of Budget and Management or the Controlling Board. 116782
However, interest earned on money in Fund 5T80 shall be credited 116783
or transferred to the General Revenue Fund.116784

       SUPREME COURT ADMISSIONS116785

       The foregoing appropriation item 005606, Supreme Court 116786
Admissions, shall be used to compensate Supreme Court employees 116787
who are primarily responsible for administering the attorney 116788
admissions program under the Rules for the Government of the Bar 116789
of Ohio, and to fund any other activities considered appropriate 116790
by the court. Moneys shall be deposited into the Supreme Court 116791
Admissions Fund (Fund 6A80) under the Supreme Court Rules for the 116792
Government of the Bar of Ohio. If it is determined by the 116793
Administrative Director of the Supreme Court that additional 116794
appropriations are necessary, the amounts are hereby appropriated.116795

       No money in Fund 6A80 shall be transferred to any other fund 116796
by the Director of Budget and Management or the Controlling Board. 116797
Interest earned on money in Fund 6A80 shall be credited to the 116798
fund.116799

       Section 317.10. LEC LAKE ERIE COMMISSION116800

Federal Special Revenue Fund Group116801

3EP0 780603 Lake Erie Federal Grants $ 95,750 $ 95,750 116802
TOTAL FED Federal Special Revenue Fund Group $ 95,750 $ 95,750 116803

State Special Revenue Fund Group116804

4C00 780601 Lake Erie Protection Fund $ 400,000 $ 400,000 116805
5D80 780602 Lake Erie Resources Fund $ 261,783 $ 250,143 116806
TOTAL SSR State Special Revenue 116807
Fund Group $ 661,783 $ 650,143 116808
TOTAL ALL BUDGET FUND GROUPS $ 757,533 $ 745,893 116809


       Section 319.10.  LRS LEGAL RIGHTS SERVICE116811

General Revenue Fund116812

GRF 054321 Support Services $ 97,255 $ 24,314 116813
GRF 054401 Ombudsman $ 142,003 $ 35,750 116814
TOTAL GRF General Revenue Fund $ 239,258 $ 60,064 116815

General Services Fund Group116816

5M00 054610 Settlements $ 181,352 $ 32,839 116817
TOTAL GSF General Services 116818
Fund Group $ 181,352 $ 32,839 116819

Federal Special Revenue Fund Group116820

3050 054602 Protection and Advocacy - Developmentally Disabled $ 1,662,991 $ 415,748 116821
3AG0 054613 Protection and Advocacy - Voter Accessibility $ 135,000 $ 33,752 116822
3B80 054603 Protection and Advocacy - Mentally Ill $ 1,152,677 $ 288,170 116823
3CA0 054615 Work Incentives Planning and Assistance $ 355,000 $ 88,752 116824
3N30 054606 Protection and Advocacy - Individual Rights $ 591,112 $ 147,779 116825
3N90 054607 Assistive Technology $ 135,000 $ 33,751 116826
3R90 054616 Developmental Disability Publications $ 130,000 $ 32,500 116827
3T20 054609 Client Assistance Program $ 435,000 $ 108,752 116828
3X10 054611 Protection and Advocacy - Beneficiaries of Social Security $ 235,000 $ 58,752 116829
3Z60 054612 Protection and Advocacy - Traumatic Brain Injury $ 151,624 $ 37,907 116830
TOTAL FED Federal Special Revenue 116831
Fund Group $ 4,983,404 $ 1,245,863 116832

State Special Revenue Fund Group116833

5AE0 054614 Grants and Contracts $ 74,600 $ 18,652 116834
TOTAL SSR State Special Revenue Fund Group $ 74,600 $ 18,652 116835
TOTAL ALL BUDGET FUND GROUPS $ 5,478,614 $ 1,357,418 116836


       Section 319.20.  CONVERSION OF LEGAL RIGHTS SERVICE TO A 116838
NONPROFIT ENTITY116839

       (A) Not later than December 31, 2011, the administrator of 116840
the Legal Rights Service, in consultation with the Legal Rights 116841
Service Commission, shall establish a nonprofit entity to provide 116842
advocacy services and a client assistance program for people with 116843
disabilities. The Legal Rights Service may subcontract with the 116844
nonprofit entity to perform any functions that the Legal Rights 116845
Service is permitted or required to perform. 116846

       (B)(1) Not later than September 30, 2012, and subject to 116847
division (B)(2) of this section, the Governor shall designate the 116848
nonprofit entity established under division (A) of this section to 116849
serve as the state's protection and advocacy system, as provided 116850
under 42 U.S.C. 15001, and as the state's client assistance 116851
program, as provided under 29 U.S.C. 732. On October 1, 2012, 116852
pursuant to section 5123.60 of the Revised Code, as enacted by 116853
this act, the nonprofit entity is the Ohio Protection and Advocacy 116854
System. 116855

       (2) The Governor shall make the designation only if the 116856
nonprofit entity complies with all federal law regarding a 116857
protection and advocacy system and client assistance program.116858

       (C) Effective October 1, 2012, the Legal Rights Service, the 116859
Legal Rights Service Commission, and the Ombudsperson Section of 116860
the Legal Rights Service are abolished. 116861

       Any aspect of the function of the Legal Rights Service, Legal 116862
Rights Service Commission, and the Ombudsperson Section of the 116863
Legal Rights Service commenced, but not completed on October 1, 116864
2012 shall be completed by the nonprofit entity in the same 116865
manner, and with the same effect, as if completed by the Legal 116866
Rights Service, Legal Rights Service Commission, and the 116867
Ombudsperson Section of the Legal Rights Service as they existed 116868
immediately prior to October 1, 2012. No validation, cure, right, 116869
privilege, remedy, obligation, or liability pertaining to the 116870
Legal Rights Service, Legal Rights Service Commission, and the 116871
Ombudsperson Section of the Legal Rights Service is lost or 116872
impaired by reason of the abolishment of the Legal Rights Service, 116873
Legal Rights Service Commission, and the Ombudsperson Section of 116874
the Legal Rights Service. Each such validation, cure, right, 116875
privilege, remedy, obligation, or liability shall be administered 116876
by the nonprofit entity established under division (A) of this 116877
section.116878

       Any action or proceeding that is related to the functions or 116879
duties of the Legal Rights Service, Legal Rights Service 116880
Commission, and the Ombudsperson Section of the Legal Rights 116881
Service pending on September 30, 2012, is not affected by the 116882
abolishment of the Legal Rights Service, the Legal Rights Service 116883
Commission, and the Ombudsperson Section of the Legal Rights 116884
Service and shall be prosecuted or defended in the name of the 116885
nonprofit entity. In all such actions and proceedings the 116886
nonprofit entity, on application to the court, shall be 116887
substituted as a party.116888

       (D) The foregoing appropriation items 054321, Support 116889
Services, and 054401, Ombudsman, may be used to support the costs 116890
of transitioning the Ohio Legal Rights Service into a nonprofit 116891
entity.116892

       Section 321.10. JLE JOINT LEGISLATIVE ETHICS COMMITTEE116893

General Revenue Fund116894

GRF 028321 Legislative Ethics Committee $ 550,000 $ 550,000 116895
TOTAL GRF General Revenue Fund $ 550,000 $ 550,000 116896

General Services Fund Group116897

4G70 028601 Joint Legislative Ethics Committee $ 100,000 $ 100,000 116898
TOTAL GSF General Services Fund Group $ 100,000 $ 100,000 116899
TOTAL ALL BUDGET FUND GROUPS $ 650,000 $ 650,000 116900

       Section 323.10. LSC LEGISLATIVE SERVICE COMMISSION116901

General Revenue Fund116902

GRF 035321 Operating Expenses $ 15,117,700 $ 15,117,700 116903
GRF 035402 Legislative Fellows $ 1,022,120 $ 1,022,120 116904
GRF 035405 Correctional Institution Inspection Committee $ 438,900 $ 438,900 116905
GRF 035407 Legislative Task Force on Redistricting $ 750,000 $ 750,000 116906
GRF 035409 National Associations $ 460,560 $ 460,560 116907
GRF 035410 Legislative Information Systems $ 3,661,250 $ 3,661,250 116908
TOTAL GRF General Revenue Fund $ 21,450,530 $ 21,450,530 116909

General Services Fund Group116910

4100 035601 Sale of Publications $ 10,000 $ 10,000 116911
4F60 035603 Legislative Budget Services $ 200,000 $ 200,000 116912
5EF0 035607 Legislative Agency Telephone Usage $ 30,000 $ 30,000 116913
TOTAL GSF General Services 116914
Fund Group $ 240,000 $ 240,000 116915
TOTAL ALL BUDGET FUND GROUPS $ 21,690,530 $ 21,690,530 116916

       LEGISLATIVE TASK FORCE ON REDISTRICTING116917

        An amount equal to the unexpended, unencumbered portion of 116918
the foregoing appropriation item 035407, Legislative Task Force on 116919
Redistricting, at the end of fiscal year 2011 is hereby 116920
reappropriated to the Legislative Service Commission for the same 116921
purpose for fiscal year 2012.116922

       Section 325.10.  LIB STATE LIBRARY BOARD116923

General Revenue Fund116924

GRF 350321 Operating Expenses $ 5,057,312 $ 5,057,364 116925
GRF 350401 Ohioana Rental Payments $ 124,437 $ 124,437 116926
GRF 350502 Regional Library Systems $ 582,469 $ 582,469 116927
TOTAL GRF General Revenue Fund $ 5,764,218 $ 5,764,270 116928

General Services Fund Group116929

1390 350602 Intra-Agency Service Charges $ 9,000 $ 9,000 116930
4590 350603 Library Service Charges $ 2,986,424 $ 2,986,180 116931
4S40 350604 Ohio Public Library Information Network $ 5,689,401 $ 5,689,788 116932
5GB0 350605 Library for the Blind $ 1,274,194 $ 1,274,194 116933
5GG0 350606 Gates Foundation Grants $ 6,000 $ 0 116934
TOTAL GSF General Services 116935
Fund Group $ 9,965,019 $ 9,959,162 116936

Federal Special Revenue Fund Group116937

3130 350601 LSTA Federal $ 5,879,314 $ 5,879,314 116938
TOTAL FED Federal Special Revenue 116939
Fund Group $ 5,879,314 $ 5,879,314 116940
TOTAL ALL BUDGET FUND GROUPS $ 21,608,551 $ 21,602,746 116941

       OHIOANA RENTAL PAYMENTS116942

       The foregoing appropriation item 350401, Ohioana Rental 116943
Payments, shall be used to pay the rental expenses of the Martha 116944
Kinney Cooper Ohioana Library Association under section 3375.61 of 116945
the Revised Code.116946

       REGIONAL LIBRARY SYSTEMS116947

       The foregoing appropriation item 350502, Regional Library 116948
Systems, shall be used to support regional library systems 116949
eligible for funding under sections 3375.83 and 3375.90 of the 116950
Revised Code.116951

       OHIO PUBLIC LIBRARY INFORMATION NETWORK116952

       (A) The foregoing appropriation item 350604, Ohio Public 116953
Library Information Network, shall be used for an information 116954
telecommunications network linking public libraries in the state 116955
and such others as may participate in the Ohio Public Library 116956
Information Network (OPLIN).116957

        The Ohio Public Library Information Network Board of Trustees 116958
created under section 3375.65 of the Revised Code may make 116959
decisions regarding use of the foregoing appropriation item 116960
350604, Ohio Public Library Information Network.116961

       (B) Of the foregoing appropriation item 350604, Ohio Public 116962
Library Information Network, up to $81,000 in each fiscal year 116963
shall be used to help local libraries use filters to screen out 116964
obscene and illegal internet materials.116965

       The OPLIN Board shall research and assist or advise local 116966
libraries with regard to emerging technologies and methods that 116967
may be effective means to control access to obscene and illegal 116968
materials. The OPLIN Director shall provide written reports upon 116969
request within ten days to the Governor, the Speaker and Minority 116970
Leader of the House of Representatives, and the President and 116971
Minority Leader of the Senate on any steps being taken by OPLIN 116972
and public libraries in the state to limit and control such 116973
improper usage as well as information on technological, legal, and 116974
law enforcement trends nationally and internationally affecting 116975
this area of public access and service.116976

       (C) The Ohio Public Library Information Network, INFOhio, and 116977
OhioLINK shall, to the extent feasible, coordinate and cooperate 116978
in their purchase or other acquisition of the use of electronic 116979
databases for their respective users and shall contribute funds in 116980
an equitable manner to such effort.116981

       LIBRARY FOR THE BLIND116982

        The foregoing appropriation item 350605, Library for the 116983
Blind, shall be used for the statewide Talking Book Program to 116984
assist the blind and disabled.116985

       TRANSFER TO OPLIN TECHNOLOGY FUND116986

       Notwithstanding sections 5747.03 and 5747.47 of the Revised 116987
Code and any other provision of law to the contrary, in accordance 116988
with a schedule established by the Director of Budget and 116989
Management, the Director of Budget and Management shall transfer 116990
$3,689,401 in cash in fiscal year 2012 and $3,689,788 in cash in 116991
fiscal year 2013 from the Public Library Fund (Fund 7065) to the 116992
OPLIN Technology Fund (Fund 4S40).116993

       TRANSFER TO LIBRARY FOR THE BLIND FUND116994

        Notwithstanding sections 5747.03 and 5747.47 of the Revised 116995
Code and any other provision of law to the contrary, in accordance 116996
with a schedule established by the Director of Budget and 116997
Management, the Director of Budget and Management shall transfer 116998
$1,274,194 cash in each fiscal year from the Public Library Fund 116999
(Fund 7065) to the Library for the Blind Fund (Fund 5GB0).117000

       Section 327.10. LCO LIQUOR CONTROL COMMISSION117001

Liquor Control Fund Group117002

7043 970321 Operating Expenses $ 753,933 $ 754,146 117003
TOTAL LCF Liquor Control Fund Group $ 753,933 $ 754,146 117004
TOTAL ALL BUDGET FUND GROUPS $ 753,933 $ 754,146 117005


       Section 329.10. LOT STATE LOTTERY COMMISSION117007

State Lottery Fund Group117008

2310 950604 Charitable Gaming Oversight $ 1,946,000 $ 1,946,000 117009
7044 950100 Personal Services $ 30,018,152 $ 30,004,979 117010
7044 950200 Maintenance $ 13,558,000 $ 13,266,150 117011
7044 950300 Equipment $ 4,810,440 $ 4,465,690 117012
7044 950402 Advertising Contracts $ 26,136,000 $ 26,136,000 117013
7044 950403 Gaming Contracts $ 46,476,608 $ 47,359,732 117014
7044 950500 Problem Gambling Subsidy $ 350,000 $ 350,000 117015
7044 950601 Direct Prize Payments $ 131,995,700 $ 133,263,456 117016
8710 950602 Annuity Prizes $ 77,206,258 $ 77,641,283 117017
TOTAL SLF State Lottery Fund 117018
Group $ 332,497,158 $ 334,433,290 117019
TOTAL ALL BUDGET FUND GROUPS $ 332,497,158 $ 334,433,290 117020

       OPERATING EXPENSES117021

       Notwithstanding sections 127.14 and 131.35 of the Revised 117022
Code, the Controlling Board may, at the request of the State 117023
Lottery Commission, authorize expenditures from the State Lottery 117024
Fund in excess of the amounts appropriated, up to a maximum of 15 117025
per cent of anticipated total revenue accruing from the sale of 117026
lottery tickets. Upon the approval of the Controlling Board, the 117027
additional amounts are hereby appropriated.117028

       DIRECT PRIZE PAYMENTS117029

       Any amounts, in addition to the amounts appropriated in 117030
appropriation item 950601, Direct Prize Payments, that the 117031
Director of the State Lottery Commission determines to be 117032
necessary to fund prizes are hereby appropriated.117033

       ANNUITY PRIZES117034

       Upon request of the State Lottery Commission, the Director of 117035
Budget and Management may transfer cash from the State Lottery 117036
Fund (Fund 7044) to the Deferred Prizes Trust Fund (Fund 8710) in 117037
an amount sufficient to fund deferred prizes. The Treasurer of 117038
State, from time to time, shall credit the Deferred Prizes Trust 117039
Fund (Fund 8710) the pro rata share of interest earned by the 117040
Treasurer of State on invested balances.117041

       Any amounts, in addition to the amounts appropriated in 117042
appropriation item 950602, Annuity Prizes, that the Director of 117043
the State Lottery Commission determines to be necessary to fund 117044
deferred prizes and interest earnings are hereby appropriated.117045

       TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND117046

       The Director of Budget and Management shall transfer an 117047
amount greater than or equal to $717,500,000 in fiscal year 2012 117048
and $680,500,000 in fiscal year 2013 from the State Lottery Fund 117049
to the Lottery Profits Education Fund (Fund 7017). Transfers from 117050
the State Lottery Fund to the Lottery Profits Education Fund shall 117051
represent the estimated net income from operations for the 117052
Commission in fiscal year 2012 and fiscal year 2013. Transfers by 117053
the Director of Budget and Management to the Lottery Profits 117054
Education Fund shall be administered as the statutes direct.117055

       Section 331.10. MHC MANUFACTURED HOMES COMMISSION117056

General Services Fund Group117057

4K90 996609 Operating Expenses $ 652,922 $ 642,267 117058
TOTAL GSF General Services 117059
Fund Group $ 652,922 $ 642,267 117060
TOTAL ALL BUDGET FUND GROUPS $ 652,922 $ 642,267 117061


       Section 333.10. MED STATE MEDICAL BOARD117063

General Services Fund Group117064

5C60 883609 Operating Expenses $ 9,292,393 $ 9,172,062 117065
TOTAL GSF General Services 117066
Fund Group $ 9,292,393 $ 9,172,062 117067
TOTAL ALL BUDGET FUND GROUPS $ 9,292,393 $ 9,172,062 117068


       Section 335.10. AMB OHIO MEDICAL TRANSPORTATION BOARD117070

General Services Fund Group117071

4K90 915604 Operating Expenses $ 493,641 $ 493,856 117072
TOTAL GSF General Services 117073
Fund Group $ 493,641 $ 493,856 117074
TOTAL ALL BUDGET FUND GROUPS $ 493,641 $ 493,856 117075


       Section 337.10. DMH DEPARTMENT OF MENTAL HEALTH117077

General Revenue Fund117078

GRF 332401 Forensic Services $ 3,244,251 $ 3,244,251 117079
GRF 333321 Central Administration $ 16,000,000 $ 16,000,000 117080
GRF 333402 Resident Trainees $ 450,000 $ 450,000 117081
GRF 333403 Pre-Admission Screening Expenses $ 486,119 $ 486,119 117082
GRF 333415 Lease-Rental Payments $ 18,394,250 $ 19,907,900 117083
GRF 333416 Research Program Evaluation $ 421,724 $ 421,998 117084
GRF 334412 Hospital Services $ 202,018,888 $ 192,051,209 117085
GRF 334506 Court Costs $ 584,210 $ 584,210 117086
GRF 335405 Family & Children First $ 1,386,000 $ 1,386,000 117087
GRF 335419 Community Medication Subsidy $ 8,963,818 $ 8,963,818 117088
GRF 335501 Mental Health Medicaid Match $ 186,400,000 $ 0 117089
GRF 335505 Local Mental Health Systems of Care $ 41,413,776 $ 50,537,955 117090
GRF 335506 Residential State Supplement $ 4,702,875 $ 4,702,875 117091
TOTAL GRF General Revenue Fund $ 484,465,911 $ 298,736,335 117092

General Services Fund Group117093

1490 333609 Central Office Operating $ 1,343,190 $ 1,343,190 117094
1490 334609 Hospital - Operating Expenses $ 28,190,000 $ 28,190,000 117095
1500 334620 Special Education $ 150,000 $ 150,000 117096
4P90 335604 Community Mental Health Projects $ 4,061,100 $ 250,000 117097
1510 336601 Office of Support Services $ 129,770,770 $ 129,779,822 117098
TOTAL GSF General Services Fund Group $ 163,515,060 $ 159,713,012 117099

Federal Special Revenue Fund Group117100

3240 333605 Medicaid/Medicare $ 154,500 $ 154,500 117101
3A60 333608 Community and Hospital Services $ 140,000 $ 140,000 117102
3A70 333612 Social Services Block Grant $ 50,000 $ 50,000 117103
3A80 333613 Federal Grant - Administration $ 4,717,000 $ 4,717,000 117104
3A90 333614 Mental Health Block Grant - Administration $ 748,470 $ 748,470 117105
3B10 333635 Community Medicaid Expansion $ 13,691,682 $ 13,691,682 117106
3240 334605 Medicaid/Medicare $ 28,200,000 $ 28,200,000 117107
3A60 334608 Federal Miscellaneous $ 200,000 $ 200,000 117108
3A80 334613 Federal Letter of Credit $ 200,000 $ 200,000 117109
3A60 335608 Federal Miscellaneous $ 2,170,000 $ 2,170,000 117110
3A70 335612 Social Services Block Grant $ 8,400,000 $ 8,400,000 117111
3A80 335613 Federal Grant - Community Mental Health Board Subsidy $ 2,500,000 $ 2,500,000 117112
3A90 335614 Mental Health Block Grant $ 14,200,000 $ 14,200,000 117113
3B10 335635 Community Medicaid Expansion $ 346,200,000 $ 0 117114
TOTAL FED Federal Special Revenue Fund Group $ 421,571,652 $ 75,371,652 117115

State Special Revenue Fund Group117116

2320 333621 Family and Children First Administration $ 448,286 $ 432,197 117117
4850 333632 Mental Health Operating $ 134,233 $ 134,233 117118
4X50 333607 Behavioral Health Medicaid Services $ 3,000,624 $ 3,000,624 117119
5V20 333611 Non-Federal Miscellaneous $ 100,000 $ 100,000 117120
4850 334632 Mental Health Operating $ 2,477,500 $ 2,477,500 117121
5AU0 335615 Behavioral Healthcare $ 6,690,000 $ 6,690,000 117122
6320 335616 Community Capital Replacement $ 350,000 $ 350,000 117123
TOTAL SSR State Special Revenue Fund Group $ 13,200,643 $ 13,184,554 117124
TOTAL ALL BUDGET FUND GROUPS $ 1,082,753,266 $ 547,005,553 117125


       Section 337.10.10. FORENSIC SERVICES117127

       The foregoing appropriation item 332401, Forensic Services, 117128
shall be used to provide forensic psychiatric evaluations to 117129
courts of common pleas and to conduct evaluations of patients of 117130
forensic status in facilities operated or designated by the 117131
Department of Mental Health prior to conditional release to the 117132
community. A portion of this appropriation may be allocated 117133
through community mental health boards to certified community 117134
agencies in accordance with a distribution methodology as 117135
determined by the Director of Mental Health.117136

       In addition, appropriation item 332401, Forensic Services, 117137
may be used to provide forensic monitoring and tracking of 117138
individuals on conditional release and forensic training, and to 117139
support projects that assist courts and law enforcement to 117140
identify and develop appropriate alternative services to 117141
incarceration for nonviolent mentally ill offenders, and to 117142
provide specialized re-entry services to offenders leaving prisons 117143
and jails.117144

       Section 337.20.10. RESIDENCY TRAINEESHIP PROGRAMS117145

       The foregoing appropriation item 333402, Resident Trainees, 117146
shall be used to fund training agreements entered into by the 117147
Director of Mental Health for the development of curricula and the 117148
provision of training programs to support public mental health 117149
services.117150

       Section 337.20.20. PRE-ADMISSION SCREENING EXPENSES117151

       The foregoing appropriation item 333403, Pre-Admission 117152
Screening Expenses, shall be used to ensure that uniform statewide 117153
methods for pre-admission screening are in place for persons who 117154
have severe mental illness and are referred for long-term Medicaid 117155
certified nursing facility placement. Pre-admission screening 117156
includes the following activities: pre-admission assessment, 117157
consideration of continued stay requests, discharge planning and 117158
referral, and adjudication of appeals and grievance procedures.117159

       Section 337.20.30. LEASE-RENTAL PAYMENTS117160

       The foregoing appropriation item 333415, Lease-Rental 117161
Payments, shall be used to meet all payments at the times they are 117162
required to be made during the period from July 1, 2011, through 117163
June 30, 2013, by the Department of Mental Health under leases and 117164
agreements made under section 154.20 of the Revised Code. These 117165
appropriations are the source of funds pledged for bond service 117166
charges on obligations issued pursuant to Chapter 154. of the 117167
Revised Code.117168

       Section 337.20.50. HOSPITAL SERVICES117169

       The foregoing appropriation item 334412, Hospital Services, 117170
shall be used for the operation of the Department of Mental Health 117171
State Regional Psychiatric Hospitals, including, but not limited 117172
to, all aspects involving civil and forensic commitment, 117173
treatment, and discharge as determined by the Director of Mental 117174
Health. A portion of this appropriation may be used by the 117175
Department of Mental Health to create, purchase, or contract for 117176
the custody, supervision, control, and treatment of persons 117177
committed to the Department of Mental Health in other clinically 117178
appropriate environments, consistent with public safety.117179

       Section 337.20.60. FISCAL YEARS 2012 AND 2013 ALLOCATIONS OF 117180
STATE HOSPITAL FUNDS TO ADAMHS BOARDS117181

       (A) As used in this section:117182

       "Bed day" means a day for which a person receives inpatient 117183
hospitalization services in a state regional psychiatric hospital.117184

       "State regional psychiatric hospital" means a hospital that 117185
the Department of Mental Health maintains, operates, manages, and 117186
governs under section 5119.02 of the Revised Code for the care and 117187
treatment of mentally ill persons.117188

       (B) For fiscal years 2012 and 2013 and notwithstanding 117189
section 5119.62 of the Revised Code, the Director of Mental Health 117190
shall allocate a portion of the foregoing appropriation item 117191
334412, Hospital Services, to boards of alcohol, drug addiction, 117192
and mental health services. In consultation with the boards, the 117193
Director shall establish a methodology to be used in allocating 117194
the funds to boards. The allocation methodology shall include as 117195
factors at least the per diem cost of inpatient hospitalization 117196
services at state regional psychiatric hospitals and the estimated 117197
number of bed days that each board will incur in fiscal years 2012 117198
and 2013 in carrying out their duties under division (A)(12) of 117199
section 340.03 of the Revised Code. The Director may require each 117200
board to provide the Director with an estimate of the number of 117201
bed days the board will incur in fiscal years 2012 and 2013 for 117202
such purpose. 117203

       (C) All of the following apply to the funds allocated to a 117204
board under this section:117205

       (1) Subject to divisions (C)(2) and (3) of this section, the 117206
board shall use the funds to pay for expenditures the board incurs 117207
in fiscal years 2012 and 2013 under division (A)(12) of section 117208
340.03 of the Revised Code in paying for inpatient hospitalization 117209
services provided by state regional psychiatric hospitals to 117210
persons involuntarily committed to the board pursuant to Chapter 117211
5122. of the Revised Code. 117212

       (2) If the amount of the funds allocated to the board and 117213
used for the purpose specified in division (C)(1) of this section 117214
exceeds the amount that the board needs to pay for its 117215
expenditures identified in division (C)(1) of this section, the 117216
Director may permit the board to use the excess funds for the 117217
board's community mental health plan developed under division 117218
(A)(1)(c) of section 340.03 of the Revised Code.117219

       (3) If the Director approves, the board may have a portion of 117220
the funds deposited into the Department of Mental Health Risk 117221
Fund.117222

       (D) Notwithstanding the amendment by this act to section 117223
5119.62 of the Revised Code, the Department of Mental Health Risk 117224
Fund shall continue to exist in the state treasury for the purpose 117225
of this section until it is no longer needed. In addition to the 117226
money that is in the fund on the effective date of this section, 117227
the fund shall consist of money deposited into it pursuant to 117228
division (C)(3) of this section and all the fund's investment 117229
earnings. Money in the fund shall be used in accordance with 117230
guidelines that the Director shall develop in consultation with 117231
representatives of the boards. 117232

       Section 337.30.10. FLEXIBLE FUNDING FOR FAMILIES AND CHILDREN117233

       In collaboration with the county family and children first 117234
council, a county board of alcohol, drug addiction, and mental 117235
health services or community mental health services board that 117236
receives allocations from the Department of Mental Health from 117237
appropriation item 335405, Family & Children First, may transfer 117238
portions of those allocations to a flexible funding pool as 117239
authorized by the section titled FAMILY AND CHILDREN FIRST 117240
FLEXIBLE FUNDING POOL.117241

       Section 337.30.20. COMMUNITY MEDICATION SUBSIDY117242

       The foregoing appropriation item 335419, Community Medication 117243
Subsidy, shall be used to provide subsidized support for 117244
psychotropic medication needs of indigent citizens in the 117245
community to reduce unnecessary hospitalization because of lack of 117246
medication and to provide subsidized support for methadone costs. 117247
This appropriation may be allocated to community mental health 117248
boards in accordance with a distribution methodology determined by 117249
the Director of Mental Health.117250

       Section 337.30.30. MENTAL HEALTH MEDICAID MATCH117251

       (A) As used in this section, "community mental health 117252
Medicaid services" means services provided under the component, or 117253
aspect of the component, of the Medicaid program that the 117254
Department of Mental Health administers pursuant to a contract 117255
entered into with the Department of Job and Family Services under 117256
section 5111.91 of the Revised Code.117257

       (B) Subject to division (C) of this section, the foregoing 117258
appropriation item 335501, Mental Health Medicaid Match, shall be 117259
used by the Department of Mental Health to make payments for 117260
community mental health Medicaid services. 117261

       (C) For state fiscal year 2012, the Department shall allocate 117262
foregoing appropriation item 335501, Mental Health Medicaid Match, 117263
to boards of alcohol, drug addiction, and mental health services 117264
in accordance with a distribution methodology the Department shall 117265
establish. Notwithstanding sections 5111.911 and 5111.912 of the 117266
Revised Code, the boards shall use the funds allocated to them 117267
under this section to pay claims for community mental health 117268
Medicaid services provided during fiscal year 2012. The boards 117269
shall use all federal financial participation that the Department 117270
of Mental Health receives for claims paid for community mental 117271
health Medicaid services provided during fiscal year 2012 as the 117272
first payment source to pay claims for community mental health 117273
Medicaid services provided during fiscal year 2012. No board is 117274
required to use any funds other than the funds allocated to them 117275
under this section and the federal financial participation 117276
received for claims for community mental health Medicaid services 117277
provided during fiscal year 2012 to pay for such claims.117278

       (D) The Department shall enter into an agreement with each 117279
board regarding the issue of paying claims that are for community 117280
mental health Medicaid services provided before July 1, 2011, and 117281
submitted for payment on or after that date. Such claims shall be 117282
paid in accordance with the agreements. A board shall receive the 117283
federal financial participation received for claims for community 117284
mental health Medicaid services that were provided before July 1, 117285
2011, and paid by the board.117286

       Section 337.30.40. LOCAL MENTAL HEALTH SYSTEMS OF CARE117287

       The foregoing appropriation item 335505, Local Mental Health 117288
Systems of Care, shall be used by community mental health boards 117289
to purchase mental health services permitted under Chapter 340. of 117290
the Revised Code.117291

       Section 337.30.50. RESIDENTIAL STATE SUPPLEMENT117292

       (A)(1) On the effective date of this section, the Residential 117293
State Supplement Program is transferred from the Department of 117294
Aging to the Department of Mental Health. The transferred program 117295
is thereupon and thereafter successor to, assumes the obligations 117296
of, and otherwise constitutes the continuation of the program as 117297
it was operated immediately prior to the effective date of this 117298
section. The transfer shall not affect persons receiving payments 117299
under the program on the effective date of this section.117300

       (2) Any business of the program commenced but not completed 117301
before the effective date of this section shall be completed by 117302
the Department of Mental Health. The business shall be completed 117303
in the same manner, and with the same effect, as if completed by 117304
the Department of Aging immediately prior to the effective date of 117305
this section. No validation, cure, right, privilege, remedy, 117306
obligation, or liability pertaining to the program is lost or 117307
impaired by reason of the program's transfer to the Department of 117308
Mental Health. Each such validation, cure, right, privilege, 117309
remedy, obligation, or liability shall be administered by the 117310
Department of Mental Health pursuant to sections 5119.69, 117311
5119.691, and 5119.692 of the Revised Code.117312

       (3) All rules, orders, and determinations pertaining to the 117313
program as it was operated immediately prior to the effective date 117314
of this section continue in effect as rules, orders, and 117315
determinations of the Department of Mental Health until modified 117316
or rescinded by the Department of Mental Health. If necessary to 117317
ensure the integrity of the numbering system of the Administrative 117318
Code, the Director of the Legislative Service Commission shall 117319
renumber the rules to reflect the transfer of the Residential 117320
State Supplement Program from the Department of Aging to the 117321
Department of Mental Health.117322

       (4) Any action or proceeding that is related to the functions 117323
or duties of the Residential State Supplement Program pending on 117324
the effective date of this section is not affected by the transfer 117325
of the program and shall be prosecuted or defended in the name of 117326
the Department of Mental Health. In all such actions and 117327
proceedings, the Department of Mental Health, on application to 117328
the court, shall be substituted as a party.117329

       (B) The foregoing appropriation item 335506, Residential 117330
State Supplement, may be used by the Department of Mental Health 117331
to provide training for adult care facilities serving residents 117332
with mental illness, to transfer cash to the Nursing Home 117333
Franchise Permit Fee Fund (Fund 5R20) used by the Department of 117334
Job and Family Services, and to make benefit payments to 117335
residential state supplement recipients. Under the Residential 117336
State Supplement Program, the amount used to determine whether a 117337
resident is eligible for payment, and for determining the amount 117338
per month the eligible resident will receive, shall be as follows: 117339

       (1) $927 for a residential care facility, as defined in 117340
section 3721.01 of the Revised Code; 117341

       (2) $927 for an adult group home, as defined in section 117342
5119.70 of the Revised Code;117343

       (3) $824 for an adult foster home, as defined in section 117344
5119.692 of the Revised Code;117345

       (4) $824 for an adult family home, as defined in section 117346
5119.70 of the Revised Code;117347

       (5) $824 for a residential facility, as identified in 117348
division (C)(1)(c) of section 5119.69 of the Revised Code; and117349

       (6) $618 for community mental health housing services, as 117350
identified in division (C)(1)(d) of section 5119.69 of the Revised 117351
Code.117352

       The Department of Mental Health shall reflect these amounts 117353
in any applicable rules the Department adopts under section 117354
5119.69 of the Revised Code.117355

       Section 337.30.60. BEHAVIORAL HEALTH MEDICAID SERVICES117356

       The Department of Mental Health shall administer specified 117357
Medicaid services as delegated by the Department of Job and Family 117358
Services in an interagency agreement. The foregoing appropriation 117359
item 333607, Behavioral Health Medicaid Services, may be used to 117360
make payments for free-standing psychiatric hospital inpatient 117361
services as defined in an interagency agreement with the 117362
Department of Job and Family Services.117363

       Section 337.30.70. FAMILY AND CHILDREN FIRST FLEXIBLE FUNDING 117364
POOL117365

       A county family and children first council may establish and 117366
operate a flexible funding pool in order to assure access to 117367
needed services by families, children, and older adults in need of 117368
protective services. The operation of the flexible funding pools 117369
shall be subject to the following restrictions:117370

       (A) The county council shall establish and operate the 117371
flexible funding pool in accordance with formal guidance issued by 117372
the Family and Children First Cabinet Council; 117373

       (B) The county council shall produce an annual report on its 117374
use of the pooled funds. The annual report shall conform to a 117375
format prescribed in the formal guidance issued by the Family and 117376
Children First Cabinet Council; 117377

       (C) Unless otherwise restricted, funds transferred to the 117378
flexible funding pool may include state general revenues allocated 117379
to local entities to support the provision of services to families 117380
and children; 117381

       (D) The amounts transferred to the flexible funding pool 117382
shall be limited to amounts that can be redirected without 117383
impairing the achievement of the objectives for which the initial 117384
allocation is designated; and117385

       (E) Each amount transferred to the flexible funding pool from 117386
a specific allocation shall be approved for transfer by the 117387
director of the local agency that was the original recipient of 117388
the allocation. 117389

       Section 337.30.75. TRANSITION FOR CURRENTLY CERTIFIED ADULT 117390
FOSTER HOMES117391

       On the effective date of this section, the certification of 117392
adult foster homes is transferred from the Department of Aging to 117393
the Department of Mental Health. A certification that was issued 117394
by the Director of Aging to an adult foster home under former 117395
section 175.36 of the Revised Code and that is current and valid 117396
on the effective date of section 5119.692 of the Revised Code, as 117397
enacted by this act, is deemed to be a certificate issued by the 117398
Director of Mental Health under those sections.117399

       Any business regarding the certification of adult foster 117400
homes commenced but not completed before the effective date of 117401
this section shall be completed by the Department of Mental 117402
Health. The business shall be completed in the same manner, and 117403
with the same effect, as if completed by the Department of Aging 117404
immediately prior to the effective date of this section.117405

        No validation, cure, right, privilege, remedy, obligation, or 117406
liability is lost or impaired by reason of this act's transfer of 117407
responsibility to the Department of Mental Health, from the 117408
Department of Aging, for the certification of adult foster homes.117409

       Each such validation, cure, right, privilege, remedy, 117410
obligation, or liability shall be administered by the Department 117411
of Mental Health pursuant to section 5119.692 of the Revised Code. 117412

       All rules, orders, and determinations pertaining to the 117413
certification of adult foster homes as it was operated immediately 117414
prior to the effective date of this section shall continue in 117415
effect as rules, orders, and determinations of the Department of 117416
Mental Health until modified or rescinded by the Department of 117417
Mental Health. If necessary to ensure the integrity of the 117418
numbering system of the Administrative Code, the Director of the 117419
Legislative Service Commission shall renumber the rules to reflect 117420
the transfer of the certification of adult foster homes from the 117421
Department of Aging to the Department of Mental Health.117422

       Any action or proceeding that is related to the functions or 117423
duties of the certification of adult foster homes pending on the 117424
effective date of this section is not affected by the transfer of 117425
the certification and shall be prosecuted or defended in the name 117426
of the Department of Mental Health. In all such actions and 117427
proceedings, the Department of Mental Health, on application to 117428
the court, shall be substituted as a party.117429

       Section 337.30.80. TRANSITION FOR CURRENTLY LICENSED ADULT 117430
CARE FACILITIES117431

       On the effective date of this section, the licensing of adult 117432
care facilities is transferred from the Department of Health to 117433
the Department of Mental Health. A license that was issued by the 117434
Director of Health to an adult care facility under former Chapter 117435
3722. of the Revised Code and that is current and valid on the 117436
effective date of sections 5119.70 to 5119.88 of the Revised Code, 117437
as enacted by this act, is deemed to be a license issued by the 117438
Director of Mental Health under those sections.117439

       Any business regarding the licensing of adult care facilities 117440
commenced but not completed before the effective date of this 117441
section shall be completed by the Department of Mental Health. The 117442
business shall be completed in the same manner, and with the same 117443
effect, as if completed by the Department of Health immediately 117444
prior to the effective date of this section.117445

        No validation, cure, right, privilege, remedy, obligation, or 117446
liability is lost or impaired by reason of this act's transfer of 117447
responsibility to the Department of Mental Health, from the 117448
Department of Health, for the licensing of adult care facilities. 117449
Each such validation, cure, right, privilege, remedy, obligation, 117450
or liability shall be administered by the Department of Mental 117451
Health pursuant to sections 5119.70 to 5119.88 of the Revised 117452
Code.117453

       All rules, orders, and determinations pertaining to the 117454
licensing of adult care facilities as it was operated immediately 117455
prior to the effective date of this section shall continue in 117456
effect as rules, orders, and determinations of the Department of 117457
Mental Health until modified or rescinded by the Department of 117458
Mental Health. If necessary to ensure the integrity of the 117459
numbering system of the Administrative Code, the Director of the 117460
Legislative Service Commission shall renumber the rules to reflect 117461
the transfer of the licensing of adult care facilities from the 117462
Department of Health to the Department of Mental Health.117463

       Any action or proceeding that is related to the functions or 117464
duties of the licensing of adult care facilities pending on the 117465
effective date of this section is not affected by the transfer of 117466
the licensing and shall be prosecuted or defended in the name of 117467
the Department of Mental Health. In all such actions and 117468
proceedings, the Department of Mental Health, on application to 117469
the court, shall be substituted as a party.117470

       Section 339.10. MIH COMMISSION ON MINORITY HEALTH117471

General Revenue Fund117472

GRF 149321 Operating Expenses $ 423,588 $ 408,990 117473
GRF 149501 Minority Health Grants $ 1,061,600 $ 1,061,600 117474
GRF 149502 Lupus Program $ 110,047 $ 110,047 117475
TOTAL GRF General Revenue Fund $ 1,595,235 $ 1,580,637 117476

Federal Special Revenue Fund Group117477

3J90 149602 Federal Grants $ 140,000 $ 140,000 117478
TOTAL FED Federal Special Revenue 117479
Fund Group $ 140,000 $ 140,000 117480

State Special Revenue Fund Group117481

4C20 149601 Minority Health Conference $ 25,000 $ 25,000 117482
TOTAL SSR State Special Revenue 117483
Fund Group $ 25,000 $ 25,000 117484
TOTAL ALL BUDGET FUND GROUPS $ 1,760,235 $ 1,745,637 117485


       Section 341.10. CRB MOTOR VEHICLE COLLISION REPAIR 117487
REGISTRATION BOARD117488

General Services Fund Group117489

4K90 865601 Operating Expenses $ 331,841 $ 324,292 117490
TOTAL GSF General Services 117491
Fund Group $ 331,841 $ 324,292 117492
TOTAL ALL BUDGET FUND GROUPS $ 331,841 $ 324,292 117493


       Section 343.10. DNR DEPARTMENT OF NATURAL RESOURCES117495

General Revenue Fund117496

GRF 725401 Wildlife-GRF Central Support $ 1,800,000 $ 1,800,000 117497
GRF 725413 Lease Rental Payments $ 20,568,600 $ 19,734,700 117498
GRF 725456 Canal Lands $ 135,000 $ 135,000 117499
GRF 725502 Soil and Water Districts $ 2,900,000 $ 2,900,000 117500
GRF 725903 Natural Resources General Obligation Debt Service $ 5,375,300 $ 25,209,100 117501
GRF 727321 Division of Forestry $ 4,878,338 $ 4,880,000 117502
GRF 729321 Office of Information Technology $ 194,118 $ 197,117 117503
GRF 730321 Division of Parks and Recreation $ 30,000,000 $ 30,000,000 117504
GRF 736321 Division of Engineering $ 3,024,459 $ 3,025,078 117505
GRF 737321 Division of Soil and Water Resources $ 4,982,961 $ 4,983,356 117506
TOTAL GRF General Revenue Fund $ 73,858,776 $ 92,864,351 117507

General Services Fund Group117508

1550 725601 Departmental Projects $ 3,365,651 $ 2,725,484 117509
1570 725651 Central Support Indirect $ 5,854,167 $ 5,857,800 117510
2040 725687 Information Services $ 4,659,276 $ 4,643,835 117511
2070 725690 Real Estate Services $ 128,040 $ 128,040 117512
2230 725665 Law Enforcement Administration $ 2,106,776 $ 2,126,432 117513
2270 725406 Parks Projects Personnel $ 436,500 $ 436,500 117514
4300 725671 Canal Lands $ 907,618 $ 907,879 117515
4D50 725618 Recycled Materials $ 50,000 $ 50,000 117516
4S90 725622 NatureWorks Personnel $ 400,358 $ 400,358 117517
4X80 725662 Water Resources Council $ 138,011 $ 138,005 117518
5100 725631 Maintenance - State-owned Residences $ 303,611 $ 303,611 117519
5160 725620 Water Management $ 2,541,565 $ 2,559,292 117520
6350 725664 Fountain Square Facilities Management $ 3,544,623 $ 3,548,445 117521
6970 725670 Submerged Lands $ 836,162 $ 848,546 117522
TOTAL GSF General Services 117523
Fund Group $ 25,272,358 $ 24,674,227 117524

Federal Special Revenue Fund Group117525

3320 725669 Federal Mine Safety Grant $ 258,102 $ 258,102 117526
3B30 725640 Federal Forest Pass-Thru $ 600,000 $ 600,000 117527
3B40 725641 Federal Flood Pass-Thru $ 600,000 $ 600,000 117528
3B50 725645 Federal Abandoned Mine Lands $ 21,007,667 $ 21,207,667 117529
3B60 725653 Federal Land and Water Conservation Grants $ 1,150,000 $ 1,150,000 117530
3B70 725654 Reclamation - Regulatory $ 3,200,000 $ 3,200,000 117531
3P10 725632 Geological Survey - Federal $ 692,401 $ 692,401 117532
3P20 725642 Oil and Gas-Federal $ 234,509 $ 234,509 117533
3P30 725650 Coastal Management - Federal $ 3,290,633 $ 3,290,633 117534
3P40 725660 Federal - Soil and Water Resources $ 1,213,048 $ 1,209,957 117535
3R50 725673 Acid Mine Drainage Abatement/Treatment $ 2,025,001 $ 2,025,001 117536
3Z50 725657 Federal Recreation and Trails $ 1,850,000 $ 1,850,000 117537
TOTAL FED Federal Special Revenue 117538
Fund Group $ 36,121,361 $ 36,318,270 117539

State Special Revenue Fund Group117540

4J20 725628 Injection Well Review $ 130,899 $ 128,466 117541
4M70 725686 Wildfire Suppression $ 100,000 $ 100,000 117542
4U60 725668 Scenic Rivers Protection $ 100,000 $ 100,000 117543
5090 725602 State Forest $ 7,891,747 $ 7,058,793 117544
5110 725646 Ohio Geological Mapping $ 704,777 $ 705,130 117545
5120 725605 State Parks Operations $ 32,284,117 $ 31,550,444 117546
5140 725606 Lake Erie Shoreline $ 1,502,654 $ 1,505,983 117547
5180 725643 Oil and Gas Permit Fees $ 4,871,970 $ 4,873,645 117548
5180 725677 Oil and Gas Well Plugging $ 800,000 $ 800,000 117549
5210 725627 Off-Road Vehicle Trails $ 143,490 $ 143,490 117550
5220 725656 Natural Areas and Preserves $ 546,580 $ 546,639 117551
5260 725610 Strip Mining Administration Fee $ 2,000,000 $ 2,000,000 117552
5270 725637 Surface Mining Administration $ 1,940,977 $ 1,941,532 117553
5290 725639 Unreclaimed Land Fund $ 2,004,180 $ 2,004,180 117554
5310 725648 Reclamation Forfeiture $ 1,423,000 $ 1,423,000 117555
5320 725644 Litter Control and Recycling $ 4,926,730 $ 4,911,575 117556
5860 725633 Scrap Tire Program $ 1,497,645 $ 1,497,645 117557
5B30 725674 Mining Regulation $ 28,135 $ 28,135 117558
5BV0 725683 Soil and Water Districts $ 8,000,000 $ 8,000,000 117559
5CU0 725647 Mine Safety $ 3,000,000 $ 3,000,000 117560
5EJ0 725608 Forestry Law Enforcement $ 1,000 $ 1,000 117561
5EK0 725611 Natural Areas & Preserves Law Enforcement $ 1,000 $ 1,000 117562
5EL0 725612 Wildlife Law Enforcement $ 12,000 $ 12,000 117563
5EM0 725613 Park Law Enforcement $ 34,000 $ 34,000 117564
5EN0 725614 Watercraft Law Enforcement $ 2,500 $ 2,500 117565
5HK0 725625 Ohio Nature Preserves $ 1,000 $ 1,000 117566
6150 725661 Dam Safety $ 925,344 $ 926,028 117567
TOTAL SSR State Special Revenue 117568
Fund Group $ 74,873,745 $ 73,296,185 117569

Clean Ohio Conservation Fund Group117570

7061 725405 Clean Ohio Operating $ 300,775 $ 300,775 117571
TOTAL CLF Clean Ohio Conservation Fund Group $ 300,775 $ 300,775 117572

Wildlife Fund Group117573

5P20 725634 Wildlife Boater Angler Administration $ 4,000,000 $ 4,000,000 117574
7015 740401 Division of Wildlife Conservation $ 52,721,044 $ 51,669,158 117575
8150 725636 Cooperative Management Projects $ 120,449 $ 120,449 117576
8160 725649 Wetlands Habitat $ 966,885 $ 966,885 117577
8170 725655 Wildlife Conservation Checkoff Fund $ 3,240,000 $ 3,240,000 117578
8180 725629 Cooperative Fisheries Research $ 1,500,000 $ 1,500,000 117579
8190 725685 Ohio River Management $ 128,584 $ 128,584 117580
TOTAL WLF Wildlife Fund Group $ 62,676,962 $ 61,625,076 117581

Waterways Safety Fund Group117582

7086 725414 Waterways Improvement $ 4,192,601 $ 4,193,671 117583
7086 725418 Buoy Placement $ 52,182 $ 52,182 117584
7086 725501 Waterway Safety Grants $ 120,000 $ 120,000 117585
7086 725506 Watercraft Marine Patrol $ 576,153 $ 576,153 117586
7086 725513 Watercraft Educational Grants $ 366,643 $ 366,643 117587
7086 739401 Division of Watercraft $ 18,040,593 $ 17,552,370 117588
TOTAL WSF Waterways Safety Fund 117589
Group $ 23,348,172 $ 22,861,019 117590

Accrued Leave Liability Fund Group117591

4M80 725675 FOP Contract $ 20,219 $ 20,219 117592
TOTAL ALF Accrued Leave 117593
Liability Fund Group $ 20,219 $ 20,219 117594

Holding Account Redistribution Fund Group117595

R017 725659 Performance Cash Bond Refunds $ 296,263 $ 296,263 117596
R043 725624 Forestry $ 2,000,000 $ 2,154,750 117597
TOTAL 090 Holding Account 117598
Redistribution Fund Group $ 2,296,263 $ 2,451,013 117599
TOTAL ALL BUDGET FUND GROUPS $ 298,768,631 $ 314,411,135 117600


       Section 343.20. CENTRAL SUPPORT INDIRECT117602

        With the exception of the Division of Wildlife, whose direct 117603
and indirect central support charges shall be paid out of the 117604
General Revenue Fund from the foregoing appropriation item 725401, 117605
Wildlife-GRF Central Support, the Department of Natural Resources, 117606
with approval of the Director of Budget and Management, shall 117607
utilize a methodology for determining each division's payments 117608
into the Central Support Indirect Fund (Fund 1570). The 117609
methodology used shall contain the characteristics of 117610
administrative ease and uniform application in compliance with 117611
federal grant requirements. It may include direct cost charges for 117612
specific services provided. Payments to Fund 1570 shall be made 117613
using an intrastate transfer voucher.117614

       Section 343.30. WELL LOG FILING FEES117615

       The Chief of the Division of Soil and Water Resources shall 117616
deposit fees forwarded to the Division pursuant to section 1521.05 117617
of the Revised Code into the Departmental Services – Intrastate 117618
Fund (Fund 1550) for the purposes described in that section.117619

       Section 343.40.  LEASE RENTAL PAYMENTS117620

       The foregoing appropriation item 725413, Lease Rental 117621
Payments, shall be used to meet all payments at the times they are 117622
required to be made during the period from July 1, 2011, through 117623
June 30, 2013, by the Department of Natural Resources pursuant to 117624
leases and agreements made under section 154.22 of the Revised 117625
Code. These appropriations are the source of funds pledged for 117626
bond service charges or obligations issued pursuant to Chapter 117627
154. of the Revised Code.117628

       CANAL LANDS117629

        The foregoing appropriation item 725456, Canal Lands, shall 117630
be used to transfer funds to the Canal Lands Fund (Fund 4300) to 117631
provide operating expenses for the State Canal Lands Program. The 117632
transfer shall be made using an intrastate transfer voucher and 117633
shall be subject to the approval of the Director of Budget and 117634
Management.117635

       NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE117636

       The foregoing appropriation item 725903, Natural Resources 117637
General Obligation Debt Service, shall be used to pay all debt 117638
service and related financing costs during the period July 1, 117639
2011, through June 30, 2013, on obligations issued under sections 117640
151.01 and 151.05 of the Revised Code.117641

       Section 343.40.10. LAW ENFORCEMENT ADMINISTRATION117642

        The foregoing appropriation item 725665, Law Enforcement 117643
Administration, shall be used to cover the cost of support, 117644
coordination, and oversight of the Department of Natural 117645
Resources' law enforcement functions. The Law Enforcement 117646
Administration Fund (Fund 2230) shall consist of cash transferred 117647
to it via intrastate transfer voucher from other funds as 117648
determined by the Director of Natural Resources and the Director 117649
of Budget and Management.117650

       Section 343.40.20. FOUNTAIN SQUARE117651

       The foregoing appropriation item 725664, Fountain Square 117652
Facilities Management, shall be used for payment of repairs, 117653
renovation, utilities, property management, and building 117654
maintenance expenses for the Fountain Square complex. Cash 117655
transferred by intrastate transfer vouchers from various 117656
department funds and rental income received by the Department of 117657
Natural Resources shall be deposited into the Fountain Square 117658
Facilities Management Fund (Fund 6350).117659

       Section 343.40.30.  SOIL AND WATER DISTRICTS117660

       In addition to state payments to soil and water conservation 117661
districts authorized by section 1515.10 of the Revised Code, the 117662
Department of Natural Resources may use appropriation item 725683, 117663
Soil and Water Districts, to pay any soil and water conservation 117664
district an annual amount not to exceed $40,000, upon receipt of a 117665
request and justification from the district and approval by the 117666
Ohio Soil and Water Conservation Commission. The county auditor 117667
shall credit the payments to the special fund established under 117668
section 1515.10 of the Revised Code for the local soil and water 117669
conservation district. Moneys received by each district shall be 117670
expended for the purposes of the district.117671

       OIL AND GAS WELL PLUGGING117672

       The foregoing appropriation item 725677, Oil and Gas Well 117673
Plugging, shall be used exclusively for the purposes of plugging 117674
wells and to properly restore the land surface of idle and orphan 117675
oil and gas wells pursuant to section 1509.071 of the Revised 117676
Code. No funds from the appropriation item shall be used for 117677
salaries, maintenance, equipment, or other administrative 117678
purposes, except for those costs directly attributed to the 117679
plugging of an idle or orphan well. This appropriation item shall 117680
not be used to transfer cash to any other fund or appropriation 117681
item.117682

       LITTER CONTROL AND RECYCLING117683

       Of the foregoing appropriation item 725644, Litter Control 117684
and Recycling, up to $1,500,000 may be used in each fiscal year 117685
for the administration of the Recycling and Litter Prevention 117686
Program.117687

       Section 343.40.40. CLEAN OHIO OPERATING EXPENSES117688

       The foregoing appropriation item 725405, Clean Ohio 117689
Operating, shall be used by the Department of Natural Resources in 117690
administering Clean Ohio Trail Fund (Fund 7061) projects pursuant 117691
to section 1519.05 of the Revised Code.117692

       Section 343.40.50. WATERCRAFT MARINE PATROL117693

       Of the foregoing appropriation item 739401, Division of 117694
Watercraft, up to $200,000 in each fiscal year shall be expended 117695
for the purchase of equipment for marine patrols qualifying for 117696
funding from the Department of Natural Resources pursuant to 117697
section 1547.67 of the Revised Code. Proposals for equipment shall 117698
accompany the submission of documentation for receipt of a marine 117699
patrol subsidy pursuant to section 1547.67 of the Revised Code and 117700
shall be loaned to eligible marine patrols pursuant to a 117701
cooperative agreement between the Department of Natural Resources 117702
and the eligible marine patrol.117703

       Section 343.40.60.  TRANSFER FOR CAESAR CREEK MARINA117704

       On July 1, 2011, or as soon as possible thereafter, the 117705
Director of Natural Resources may request the Director of Budget 117706
and Management to transfer up to $4,000,000 in cash from the 117707
Watercraft Revolving Loan Fund (Fund 5AW0) to the Waterways Safety 117708
Fund (Fund 7086) to support a marina project at Caesar Creek State 117709
Park.117710

       Section 343.50. PARKS CAPITAL EXPENSES FUND117711

        The Director of Natural Resources shall submit to the 117712
Director of Budget and Management the estimated design, 117713
engineering, and planning costs of capital-related work to be done 117714
by Department of Natural Resources staff for parks projects within 117715
the Ohio Parks and Recreation Improvement Fund (Fund 7035). If the 117716
Director of Budget and Management approves the estimated costs, 117717
the Director may release appropriations from appropriation item 117718
C725E6, Project Planning, Fund 7035, for those purposes. Upon 117719
release of the appropriations, the Department of Natural Resources 117720
shall pay for these expenses from the Parks Capital Expenses Fund 117721
(Fund 2270). Expenses paid from Fund 2270 shall be reimbursed by 117722
Fund 7035 using an intrastate transfer voucher.117723

       NATUREWORKS CAPITAL EXPENSES FUND117724

       The Department of Natural Resources shall periodically 117725
prepare and submit to the Director of Budget and Management the 117726
estimated design, planning, and engineering costs of 117727
capital-related work to be done by Department of Natural Resources 117728
staff for each capital improvement project within the Ohio Parks 117729
and Natural Resources Fund (Fund 7031). If the Director of Budget 117730
and Management approves the estimated costs, the Director may 117731
release appropriations from appropriation item C725E5, Project 117732
Planning, in Fund 7031, for those purposes. Upon release of the 117733
appropriations, the Department of Natural Resources shall pay for 117734
these expenses from the Capital Expenses Fund (Fund 4S90). 117735
Expenses paid from Fund 4S90 shall be reimbursed by Fund 7031 by 117736
using an intrastate transfer voucher.117737

       Section 345.10. NUR STATE BOARD OF NURSING117738

General Services Fund Group117739

4K90 884609 Operating Expenses $ 6,943,322 $ 6,680,896 117740
5AC0 884602 Nurse Education Grant Program $ 1,373,506 $ 1,373,506 117741
5P80 884601 Nursing Special Issues $ 5,000 $ 5,000 117742
TOTAL GSF General Services 117743
Fund Group $ 8,321,828 $ 8,059,402 117744
TOTAL ALL BUDGET FUND GROUPS $ 8,321,828 $ 8,059,402 117745


       Section 347.10. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY, 117747
AND ATHLETIC TRAINERS BOARD117748

General Services Fund Group117749

4K90 890609 Operating Expenses $ 874,087 $ 866,169 117750
TOTAL GSF General Services Fund Group $ 874,087 $ 866,169 117751
TOTAL ALL BUDGET FUND GROUPS $ 874,087 $ 866,169 117752


       Section 349.10.  OLA OHIOANA LIBRARY ASSOCIATION117754

General Revenue Fund117755

GRF 355501 Library Subsidy $ 120,000 $ 120,000 117756
TOTAL GRF General Revenue Fund $ 120,000 $ 120,000 117757
TOTAL ALL BUDGET FUND GROUPS $ 120,000 $ 120,000 117758


       Section 351.10. ODB OHIO OPTICAL DISPENSERS BOARD117760

General Services Fund Group117761

4K90 894609 Operating Expenses $ 357,039 $ 347,300 117762
TOTAL GSF General Services 117763
Fund Group $ 357,039 $ 347,300 117764
TOTAL ALL BUDGET FUND GROUPS $ 357,039 $ 347,300 117765


       Section 353.10. OPT STATE BOARD OF OPTOMETRY117767

General Services Fund Group117768

4K90 885609 Operating Expenses $ 356,914 $ 347,278 117769
TOTAL GSF General Services 117770
Fund Group $ 356,914 $ 347,278 117771
TOTAL ALL BUDGET FUND GROUPS $ 356,914 $ 347,278 117772


       Section 355.10. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS, 117774
AND PEDORTHICS117775

General Services Fund Group117776

4K90 973609 Operating Expenses $ 126,340 $ 114,218 117777
TOTAL GSF General Services 117778
Fund Group $ 126,340 $ 114,218 117779
TOTAL ALL BUDGET FUND GROUPS $ 126,340 $ 114,218 117780

       Section 357.10. UST PETROLEUM UNDERGROUND STORAGE TANK 117781
RELEASE COMPENSATION BOARD117782

Agency Fund Group117783

6910 810632 PUSTRCB Staff $ 1,162,179 $ 1,123,014 117784
TOTAL AGY Agency Fund Group $ 1,162,179 $ 1,123,014 117785
TOTAL ALL BUDGET FUND GROUPS $ 1,162,179 $ 1,123,014 117786


       Section 359.10. PRX STATE BOARD OF PHARMACY117788

General Services Fund Group117789

4A50 887605 Drug Law Enforcement $ 75,500 $ 75,500 117790
4K90 887609 Operating Expenses $ 5,708,498 $ 5,801,285 117791
TOTAL GSF General Services Fund Group $ 5,783,998 $ 5,876,785 117792

Federal Special Revenue Fund Group117793

3CT0 887606 2008 Developing/Enhancing PMP $ 70,775 $ 0 117794
3DV0 887607 Enhancing Ohio's PMP $ 169,888 $ 2,379 117795
3EY0 887603 Administration of PMIX Hub $ 320,637 $ 66,335 117796
3EZ0 887610 NASPER 10 $ 164,459 27,710 117797
TOTAL FED Federal Special Revenue Fund Group $ 725,759 $ 96,424 117798
TOTAL ALL BUDGET FUND GROUPS $ 6,509,757 $ 5,973,209 117799


       Section 361.10. PSY STATE BOARD OF PSYCHOLOGY117801

General Services Fund Group117802

4K90 882609 Operating Expenses $ 525,394 $ 535,406 117803
TOTAL GSF General Services 117804
Fund Group $ 525,394 $ 535,406 117805
TOTAL ALL BUDGET FUND GROUPS $ 525,394 $ 535,406 117806


       Section 363.10. PUB OHIO PUBLIC DEFENDER COMMISSION117808

General Revenue Fund117809

GRF 019401 State Legal Defense Services $ 2,610,272 $ 3,020,855 117810
GRF 019403 Multi-County: State Share $ 338,931 $ 406,626 117811
GRF 019404 Trumbull County - State Share $ 99,321 $ 119,158 117812
GRF 019405 Training Account $ 50,000 $ 50,000 117813
GRF 019501 County Reimbursement $ 2,565,398 $ 3,077,786 117814
TOTAL GRF General Revenue Fund $ 5,663,922 $ 6,674,425 117815

General Services Fund Group117816

4070 019604 County Representation $ 231,076 $ 231,754 117817
4080 019605 Client Payments $ 1,052,919 $ 953,492 117818
5CX0 019617 Civil Case Filing Fee $ 708,654 $ 705,713 117819
TOTAL GSF General Services 117820
Fund Group $ 1,992,649 $ 1,890,959 117821

Federal Special Revenue Fund Group117822

3S80 019608 Federal Representation $ 341,733 $ 263,431 117823
TOTAL FED Federal Special Revenue 117824
Fund Group $ 341,733 $ 263,431 117825

State Special Revenue Fund Group117826

4C70 019601 Multi-County: County Share $ 3,324,009 $ 3,333,014 117827
4N90 019613 Gifts and Grants $ 35,000 $ 35,000 117828
4X70 019610 Trumbull County - County Share $ 974,069 $ 976,612 117829
5740 019606 Civil Legal Aid $ 24,000,000 $ 27,000,000 117830
5DY0 019618 Indigent Defense Support - County Share $ 42,195,000 $ 43,125,000 117831
5DY0 019619 Indigent Defense Support Fund - State Office $ 6,521,723 $ 6,096,759 117832
TOTAL SSR State Special Revenue 117833
Fund Group $ 77,049,801 $ 80,566,385 117834
TOTAL ALL BUDGET FUND GROUPS $ 85,048,105 $ 89,395,200 117835

       INDIGENT DEFENSE OFFICE117836

       The foregoing appropriation items 019404, Trumbull County - 117837
State Share, and 019610, Trumbull County - County Share, shall be 117838
used to support an indigent defense office for Trumbull County.117839

       MULTI-COUNTY OFFICE117840

       The foregoing appropriation items 019403, Multi-County: State 117841
Share, and 019601, Multi-County: County Share, shall be used to 117842
support the Office of the Ohio Public Defender's Multi-County 117843
Branch Office Program.117844

       TRAINING ACCOUNT117845

       The foregoing appropriation item 019405, Training Account, 117846
shall be used by the Ohio Public Defender to provide legal 117847
training programs at no cost for private appointed counsel who 117848
represent at least one indigent defendant at no cost and for state 117849
and county public defenders and attorneys who contract with the 117850
Ohio Public Defender to provide indigent defense services.117851

       FEDERAL REPRESENTATION117852

       The foregoing appropriation item 019608, Federal 117853
Representation, shall be used to receive reimbursements from the 117854
federal courts when the Ohio Public Defender provides 117855
representation in federal court cases and to support 117856
representation in such cases.117857

       Section 365.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO117858

General Services Fund Group117859

5F60 870622 Utility and Railroad Regulation $ 30,637,234 $ 31,638,708 117860
5F60 870624 NARUC/NRRI Subsidy $ 158,000 $ 158,000 117861
5F60 870625 Motor Transportation Regulation $ 4,976,641 $ 5,971,218 117862
5Q50 870626 Telecommunications Relay Service $ 5,000,000 $ 5,000,000 117863
TOTAL GSF General Services 117864
Fund Group $ 40,771,875 $ 42,767,926 117865

Federal Special Revenue Fund Group117866

3330 870601 Gas Pipeline Safety $ 597,959 $ 597,959 117867
3500 870608 Motor Carrier Safety $ 7,351,660 $ 7,351,660 117868
3CU0 870627 Electric Market Modeling $ 91,183 $ 0 117869
3EA0 870630 Energy Assurance Planning $ 384,000 $ 384,000 117870
3ED0 870631 State Regulators Assistance $ 231,824 $ 231,824 117871
3V30 870604 Commercial Vehicle Information Systems/Networks $ 100,000 $ 100,000 117872
TOTAL FED Federal Special Revenue 117873
Fund Group $ 8,756,626 $ 8,665,443 117874

State Special Revenue Fund Group117875

4A30 870614 Grade Crossing Protection Devices-State $ 1,347,357 $ 1,347,357 117876
4L80 870617 Pipeline Safety-State $ 181,992 $ 181,992 117877
4S60 870618 Hazardous Material Registration $ 450,395 $ 450,395 117878
4S60 870621 Hazardous Materials Base State Registration $ 373,346 $ 373,346 117879
4U80 870620 Civil Forfeitures $ 277,347 $ 277,496 117880
5590 870605 Public Utilities Territorial Administration $ 3,880 $ 3,880 117881
5600 870607 Special Assessment $ 97,000 $ 97,000 117882
5610 870606 Power Siting Board $ 631,508 $ 631,618 117883
5BP0 870623 Wireless 9-1-1 Administration $ 36,440,000 $ 18,220,000 117884
5HD0 870629 Radioactive Waste Transportation $ 98,800 $ 98,800 117885
6380 870611 Biofuels/Municipal Waste Technology $ 570 $ 0 117886
6610 870612 Hazardous Materials Transportation $ 898,800 $ 898,800 117887
TOTAL SSR State Special Revenue 117888
Fund Group $ 40,800,995 $ 22,580,684 117889
TOTAL ALL BUDGET FUND GROUPS $ 90,329,496 $ 74,014,053 117890


       Section 367.10. PWC PUBLIC WORKS COMMISSION117892

General Revenue Fund117893

GRF 150904 Conservation General Obligation Debt Service $ 21,953,000 $ 29,297,300 117894
GRF 150907 State Capital Improvements $ 106,770,600 $ 215,571,100 117895
General Obligation Debt Service 117896
TOTAL GRF General Revenue Fund $ 128,723,600 $ 244,868,400 117897

State Special Revenue Fund Group117898

5KJ0 150600 Local Government Integrating and Innovation $ 50,000,000 $ 50,000,000 117899
TOTAL SSR State Special Revenue Fund Group $ 50,000,000 $ 50,000,000 117900

Clean Ohio Conservation Fund Group117901

7056 150403 Clean Ohio Operating Expenses $ 300,000 $ 288,980 117902
TOTAL 056 Clean Ohio Conservation Fund Group $ 300,000 $ 288,980 117903

TOTAL ALL BUDGET FUND GROUPS $ 179,023,600 $ 295,157,380 117904

       CONSERVATION GENERAL OBLIGATION DEBT SERVICE117905

       The foregoing appropriation item 150904, Conservation General 117906
Obligation Debt Service, shall be used to pay all debt service and 117907
related financing costs during the period from July 1, 2011, 117908
through June 30, 2013, at the times they are required to be made 117909
for obligations issued under sections 151.01 and 151.09 of the 117910
Revised Code.117911

       STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE117912

       The foregoing appropriation item 150907, State Capital 117913
Improvements General Obligation Debt Service, shall be used to pay 117914
all debt service and related financing costs during the period 117915
from July 1, 2011, through June 30, 2013, at the times they are 117916
required to be made for obligations issued under sections 151.01 117917
and 151.08 of the Revised Code.117918

       LOCAL GOVERNMENT INTEGRATING AND INNOVATION117919

       The foregoing appropriation item 150600, Local Government 117920
Integrating and Innovation, shall be used to make awards to 117921
political subdivisions pursuant to section 164.30 of the Revised 117922
Code.117923

       CLEAN OHIO OPERATING EXPENSES117924

       The foregoing appropriation item 150403, Clean Ohio Operating 117925
Expenses, shall be used by the Ohio Public Works Commission in 117926
administering Clean Ohio Conservation Fund (Fund 7056) projects 117927
pursuant to sections 164.20 to 164.27 of the Revised Code.117928

       REIMBURSEMENT TO THE GENERAL REVENUE FUND117929

        (A) On or before July 15, 2013, the Director of the Public 117930
Works Commission shall certify to the Director of Budget and 117931
Management the following:117932

        (1) The total amount disbursed from appropriation item 117933
700409, Farmland Preservation, during the FY 2012-FY 2013 117934
biennium; and117935

        (2) The amount of interest earnings that have been credited 117936
to the Clean Ohio Conservation Fund (Fund 7056) that are in excess 117937
of the amount needed for other purposes as calculated by the 117938
Director of the Public Works Commission.117939

        (B) If the Director of Budget and Management determines under 117940
division (A)(2) of this section that there are excess interest 117941
earnings, the Director of Budget and Management shall, on or 117942
before July 15, 2013, transfer the excess interest earnings to the 117943
General Revenue Fund in an amount equal to the total amount 117944
disbursed under division (A)(1) of this section from the Clean 117945
Ohio Conservation Fund (Fund 7056).117946

       Section 369.10. RAC STATE RACING COMMISSION117947

State Special Revenue Fund Group117948

5620 875601 Thoroughbred Race Fund $ 1,796,328 $ 1,696,456 117949
5630 875602 Standardbred Development Fund $ 1,697,418 $ 1,697,452 117950
5640 875603 Quarter Horse Development Fund $ 1,000 $ 1,000 117951
5650 875604 Racing Commission Operating $ 3,095,331 $ 2,934,178 117952
5C40 875607 Simulcast Horse Racing Purse $ 12,000,000 $ 12,000,000 117953
TOTAL SSR State Special Revenue 117954
Fund Group $ 18,590,078 $ 18,329,087 117955

Holding Account Redistribution Fund Group117956

R021 875605 Bond Reimbursements $ 100,000 $ 100,000 117957
TOTAL 090 Holding Account Redistribution 117958
Fund Group $ 100,000 $ 100,000 117959
TOTAL ALL BUDGET FUND GROUPS $ 18,690,078 $ 18,429,087 117960


       Section 371.10. BOR BOARD OF REGENTS117962

General Revenue Fund117963

GRF 235321 Operating Expenses $ 2,300,000 $ 2,300,000 117964
GRF 235401 Lease Rental Payments $ 83,151,600 $ 57,634,400 117965
GRF 235402 Sea Grants $ 285,000 $ 285,000 117966
GRF 235406 Articulation and Transfer $ 2,000,000 $ 2,000,000 117967
GRF 235408 Midwest Higher Education Compact $ 95,000 $ 95,000 117968
GRF 235409 Information System $ 800,000 $ 800,000 117969
GRF 235414 State Grants and Scholarship Administration $ 1,230,000 $ 1,230,000 117970
GRF 235417 Ohio Learning Network $ 2,532,688 $ 2,532,688 117971
GRF 235428 Appalachian New Economy Partnership $ 737,366 $ 737,366 117972
GRF 235433 Economic Growth Challenge $ 440,000 $ 440,000 117973
GRF 235438 Choose Ohio First Scholarship $ 15,750,085 $ 15,750,085 117974
GRF 235443 Adult Basic and Literacy Education - State $ 6,302,416 $ 6,302,416 117975
GRF 235444 Post-Secondary Adult Career-Technical Education $ 15,317,547 $ 15,317,547 117976
GRF 235474 Area Health Education Centers Program Support $ 900,000 $ 900,000 117977
GRF 235501 State Share of Instruction $ 1,735,530,031 $ 1,751,225,497 117978
GRF 235502 Student Support Services $ 632,974 $ 632,974 117979
GRF 235504 War Orphans Scholarships $ 4,787,833 $ 4,787,833 117980
GRF 235507 OhioLINK $ 6,100,000 $ 6,100,000 117981
GRF 235508 Air Force Institute of Technology $ 1,740,803 $ 1,740,803 117982
GRF 235510 Ohio Supercomputer Center $ 3,347,418 $ 3,347,418 117983
GRF 235511 Cooperative Extension Service $ 22,220,910 $ 22,220,910 117984
GRF 235514 Central State Supplement $ 11,503,651 $ 10,928,468 117985
GRF 235515 Case Western Reserve University School of Medicine $ 2,146,253 $ 2,146,253 117986
GRF 235519 Family Practice $ 3,166,185 $ 3,166,185 117987
GRF 235520 Shawnee State Supplement $ 2,448,523 $ 2,326,097 117988
GRF 235524 Police and Fire Protection $ 107,814 $ 107,814 117989
GRF 235525 Geriatric Medicine $ 522,151 $ 522,151 117990
GRF 235526 Primary Care Residencies $ 1,500,000 $ 1,500,000 117991
GRF 235535 Ohio Agricultural Research and Development Center $ 33,100,000 $ 33,100,000 117992
GRF 235536 The Ohio State University Clinical Teaching $ 9,668,941 $ 9,668,941 117993
GRF 235537 University of Cincinnati Clinical Teaching $ 7,952,573 $ 7,952,573 117994
GRF 235538 University of Toledo Clinical Teaching $ 6,198,600 $ 6,198,600 117995
GRF 235539 Wright State University Clinical Teaching $ 3,011,400 $ 3,011,400 117996
GRF 235540 Ohio University Clinical Teaching $ 2,911,212 $ 2,911,212 117997
GRF 235541 Northeastern Ohio Universities College of Medicine Clinical Teaching $ 2,994,178 $ 2,994,178 117998
GRF 235552 Capital Component $ 20,638,274 $ 20,638,274 117999
GRF 235555 Library Depositories $ 1,440,342 $ 1,440,342 118000
GRF 235556 Ohio Academic Resources Network $ 3,172,519 $ 3,172,519 118001
GRF 235558 Long-term Care Research $ 195,300 $ 195,300 118002
GRF 235563 Ohio College Opportunity Grant $ 86,284,265 $ 86,284,265 118003
GRF 235572 The Ohio State University Clinic Support $ 766,533 $ 766,533 118004
GRF 235599 National Guard Scholarship Program $ 16,912,271 $ 16,912,271 118005
GRF 235909 Higher Education General Obligation Debt Service $ 108,262,500 $ 201,555,000 118006
TOTAL GRF General Revenue Fund $ 2,231,105,156 $ 2,313,878,313 118007

General Services Fund Group118008

2200 235614 Program Approval and Reauthorization $ 1,311,567 $ 1,457,959 118009
4560 235603 Sales and Services $ 199,250 $ 199,250 118010
5JC0 235649 Co-op Internship Program $ 14,000,000 14,000,000 118011
TOTAL GSF General Services 118012
Fund Group $ 15,510,817 $ 15,657,209 118013

Federal Special Revenue Fund Group118014

3120 235609 Tech Prep $ 183,850 $ 183,850 118015
3120 235611 Gear-up Grant $ 3,900,000 $ 3,900,000 118016
3120 235612 Carl D. Perkins Grant/Plan Administration $ 912,961 $ 912,961 118017
3120 235617 Improving Teacher Quality Grant $ 3,200,000 $ 3,200,000 118018
3120 235641 Adult Basic and Literacy Education - Federal $ 14,835,671 $ 14,835,671 118019
3120 235659 Race to the Top Scholarship Program $ 2,400,000 $ 3,780,000 118020
3120 235660 Race to the Top Educator Preparation Reform Initiative $ 448,000 $ 1,120,000 118021
3120 235661 Americorps Grant $ 260,000 $ 260,000 118022
3H20 235608 Human Services Project $ 3,500,000 $ 3,500,000 118023
3N60 235638 College Access Challenge Grant $ 4,381,431 $ 4,381,431 118024
TOTAL FED Federal Special Revenue 118025
Fund Group $ 34,021,913 $ 36,073,913 118026

State Special Revenue Fund Group118027

4E80 235602 Higher Educational Facility Commission Administration $ 29,100 $ 29,100 118028
5FR0 235640 Joyce Foundation Grant $ 919,719 $ 919,719 118029
5FR0 235647 Developmental Education Initiatives $ 135,000 $ 135,000 118030
5FR0 235657 Win-Win Grant $ 37,000 $ 15,000 118031
5P30 235663 Variable Savings Plan $ 8,946,994 $ 9,072,136 118032
6450 235664 Guaranteed Savings Plan $ 900,293 $ 907,514 118033
6490 235607 The Ohio State University Highway/Transportation Research $ 500,000 $ 500,000 118034
6820 235606 Nursing Loan Program $ 891,320 $ 891,320 118035
TOTAL SSR State Special Revenue 118036
Fund Group $ 12,359,426 $ 12,469,789 118037

Third Frontier Research & Development Fund Group118038

7011 235634 Research Incentive Third Frontier Fund $ 8,000,000 $ 8,000,000 118039
TOTAL 011 Third Frontier Research & Development Fund Group $ 8,000,000 $ 8,000,000 118040
TOTAL ALL BUDGET FUND GROUPS $ 2,300,997,312 $ 2,386,079,224 118041


       Section 371.10.10. LEASE RENTAL PAYMENTS118043

       The foregoing appropriation item 235401, Lease Rental 118044
Payments, shall be used to meet all payments at the times they are 118045
required to be made during the period from July 1, 2011, through 118046
June 30, 2013, by the Chancellor of the Board of Regents under 118047
leases and agreements made under section 154.21 of the Revised 118048
Code. These appropriations are the source of funds pledged for 118049
bond service charges or obligations issued pursuant to Chapter 118050
154. of the Revised Code.118051

       Section 371.10.20. SEA GRANTS118052

        The foregoing appropriation item 235402, Sea Grants, shall be 118053
used as required matching Funds by The Ohio State University's Sea 118054
Grant program to enhance the economic value, public utilization, 118055
and responsible management of Lake Erie and Ohio's coastal 118056
resources.118057

       Section 371.10.30. ARTICULATION AND TRANSFER118058

       The foregoing appropriation item 235406, Articulation and 118059
Transfer, shall be used by the Chancellor of the Board of Regents 118060
to maintain and expand the work of the Articulation and Transfer 118061
Council to develop a system of transfer policies to ensure that 118062
students at state institutions of higher education can transfer 118063
and have coursework apply to their majors and degrees at any other 118064
state institution of higher education without unnecessary 118065
duplication or institutional barriers under sections 3333.16, 118066
3333.161, and 3333.162 of the Revised Code.118067

       Section 371.10.40. MIDWEST HIGHER EDUCATION COMPACT118068

       The foregoing appropriation item 235408, Midwest Higher 118069
Education Compact, shall be distributed by the Chancellor of the 118070
Board of Regents under section 3333.40 of the Revised Code.118071

       Section 371.10.50. INFORMATION SYSTEM118072

       The foregoing appropriation item 235409, Information System, 118073
shall be used by the Chancellor of the Board of Regents to support 118074
the development and implementation of information technology 118075
solutions designed to improve the performance and services of the 118076
Chancellor of the Board of Regents and the University System of 118077
Ohio. Information technology solutions shall be provided by the 118078
Ohio Academic Research Network (OARnet).118079

       Section 371.10.60. STATE GRANTS AND SCHOLARSHIP 118080
ADMINISTRATION118081

       The foregoing appropriation item 235414, State Grants and 118082
Scholarship Administration, shall be used by the Chancellor of the 118083
Board of Regents to administer the following student financial aid 118084
programs: Ohio College Opportunity Grant, Ohio War Orphans' 118085
Scholarship, Nurse Education Assistance Loan Program, Ohio Safety 118086
Officers College Memorial Fund, and any other student financial 118087
aid programs created by the General Assembly. The appropriation 118088
item also shall be used to support all state financial aid audits 118089
and student financial aid programs created by Congress, and to 118090
provide fiscal services for the Ohio National Guard Scholarship 118091
Program.118092

       Section 371.10.70. OHIO LEARNING NETWORK118093

       The foregoing appropriation item 235417, Ohio Learning 118094
Network, shall be used by the Chancellor of the Board of Regents 118095
to support the continued implementation of the Ohio Learning 118096
Network, a consortium organized under division (U) of section 118097
3333.04 of the Revised Code to expand access to dual enrollment 118098
opportunities for high school students, as well as adult and 118099
higher education opportunities through technology. The funds shall 118100
be used by the Ohio Learning Network to develop and promote 118101
learning and assessment through the use of technology, to test and 118102
provide advice on emerging learning-directed technologies, and to 118103
facilitate cost-effectiveness through shared educational 118104
technology investments.118105

       Of the foregoing appropriation item 235417, Ohio Learning 118106
Network, up to $250,000 in each fiscal year shall be used by the 118107
Chancellor of the Board of Regents to fund staff support and 118108
operations of the Ohio Digital Learning Task Force established in 118109
Section 371.60.80 of this act.118110

       Section 371.10.80. APPALACHIAN NEW ECONOMY PARTNERSHIP118111

       The foregoing appropriation item 235428, Appalachian New 118112
Economy Partnership, shall be distributed to Ohio University to 118113
continue a multi-campus and multi-agency coordinated effort to 118114
link Appalachia to the new economy. Ohio University shall use 118115
these funds to provide leadership in the development and 118116
implementation of initiatives in the areas of entrepreneurship, 118117
management, education, and technology.118118

       Section 371.10.90. ECONOMIC GROWTH CHALLENGE118119

       The foregoing appropriation item 235433, Economic Growth 118120
Challenge, shall be used for administrative expenses of the 118121
Research Incentive Program and other economic advancement 118122
initiatives undertaken by the Chancellor of the Board of Regents.118123

       The Chancellor of the Board of Regents shall use any 118124
appropriation transfer to the foregoing appropriation item 235433, 118125
Economic Growth Challenge, to enhance the basic research 118126
capabilities of public colleges and universities and accredited 118127
Ohio institutions of higher education holding certificates of 118128
authorization issued under section 1713.02 of the Revised Code, in 118129
order to strengthen academic research for pursuing Ohio's economic 118130
development goals.118131

       Section 371.20.10. CHOOSE OHIO FIRST SCHOLARSHIP118132

       The foregoing appropriation item 235438, Choose Ohio First 118133
Scholarship, shall be used to operate the program prescribed in 118134
sections 3333.60 to 3333.70 of the Revised Code.118135

        An amount equal to the unexpended, unencumbered portion of 118136
the foregoing appropriation item 235438, Choose Ohio First 118137
Scholarship, at the end of fiscal year 2012 is hereby 118138
reappropriated to the Board of Regents for the same purpose for 118139
fiscal year 2013.118140

       Section 371.20.20. ADULT BASIC AND LITERACY EDUCATION118141

       The foregoing appropriation item 235443, Adult Basic and 118142
Literacy Education - State, shall be used to support the adult 118143
basic and literacy education instructional grant program and state 118144
leadership program. The supported programs shall satisfy the state 118145
match and maintenance of effort requirements for the 118146
state-administered grant program.118147

       Section 371.20.30. POST-SECONDARY ADULT CAREER-TECHNICAL 118148
EDUCATION118149

       The foregoing appropriation item 235444, Post-Secondary Adult 118150
Career-Technical Education, shall be used by the Chancellor of the 118151
Board of Regents in each fiscal year to provide post-secondary 118152
adult career-technical education under sections 3313.52 and 118153
3313.53 of the Revised Code.118154

       Section 371.20.40. AREA HEALTH EDUCATION CENTERS118155

       The foregoing appropriation item 235474, Area Health 118156
Education Centers Program Support, shall be used by the Chancellor 118157
of the Board of Regents to support the medical school regional 118158
area health education centers' educational programs for the 118159
continued support of medical and other health professions 118160
education and for support of the Area Health Education Center 118161
Program.118162

       Section 371.20.50. STATE SHARE OF INSTRUCTION FORMULAS118163

       The Chancellor of the Board of Regents shall establish 118164
procedures to allocate the foregoing appropriation item 235501, 118165
State Share of Instruction, based on the formulas, enrollment, 118166
course completion, degree attainment, and student achievement 118167
factors in the instructional models set out in this section.118168

       (A) FULL-TIME EQUIVALENT (FTE) ENROLLMENTS AND COMPLETIONS118169

       (1) As soon as possible during each fiscal year of the 118170
biennium ending June 30, 2013, in accordance with instructions of 118171
the Board of Regents, each state-assisted institution of higher 118172
education shall report its actual enrollment, consistent with the 118173
definitions in the Higher Education Information (HEI) system's 118174
enrollment files, to the Chancellor of the Board of Regents.118175

       (2) In defining the number of full-time equivalent students 118176
for state subsidy purposes, the Chancellor of the Board of Regents 118177
shall exclude all undergraduate students who are not residents of 118178
Ohio, except those charged in-state fees in accordance with 118179
reciprocity agreements made under section 3333.17 of the Revised 118180
Code or employer contracts entered into under section 3333.32 of 118181
the Revised Code.118182

       (3) In calculating the core subsidy entitlements for 118183
university branch and main campuses, the Chancellor of the Board 118184
of Regents shall use the following count of FTE students:118185

       (a) The subsidy eligible enrollments by model shall equal 118186
only those FTE students who successfully complete the course as 118187
defined and reported through the Higher Education Information 118188
(HEI) system course enrollment file; 118189

       (b) For those undergraduate FTE students with successful 118190
course completions, identified in division (A)(3)(a) of this 118191
section, that had an expected family contribution less than 2190 118192
or were determined to have been in need of remedial education 118193
shall be defined as at-risk students and shall have their eligible 118194
completions weighted by the following:118195

       (i) Campus-specific course completion rates by model;118196

       (ii) Campus-specific course completion indexes, where the 118197
indexes are calculated based upon the number of at-risk students 118198
enrolled during the 2009-2010 academic year; and118199

       (iii) A statewide average at-risk course completion weight 118200
determined for each subsidy model. The statewide average at-risk 118201
course completion weight shall be determined by calculating the 118202
difference between the percentage of traditional students who 118203
complete a course and the percentage of at-risk students who 118204
complete the same course.118205

       (4) In calculating the core subsidy entitlements for Medical 118206
II models only, students repeating terms may be no more than five 118207
per cent of current year enrollment.118208

       (5) In calculating the core subsidy entitlements for students 118209
enrolled in state-supported law schools, subsidy eligible FTE 118210
completions shall be limited to students identified as residents 118211
of Ohio.118212

       (B) TOTAL COSTS PER FULL-TIME EQUIVALENT STUDENT118213

       For purposes of calculating state share of instruction 118214
allocations, the total instructional costs per full-time 118215
equivalent student shall be:118216

Model Fiscal Year 2012 Fiscal Year 2013 118217
ARTS AND HUMANITIES 1 $8,000 $8,207 118218
ARTS AND HUMANITIES 2 $10,757 $11,036 118219
ARTS AND HUMANITIES 3 $13,853 $14,212 118220
ARTS AND HUMANITIES 4 $20,228 $20,751 118221
ARTS AND HUMANITIES 5 $32,605 $33,449 118222
ARTS AND HUMANITIES 6 $38,027 $39,011 118223
BUSINESS, EDUCATION & SOCIAL SCIENCES 1 $7,124 $7,308 118224
BUSINESS, EDUCATION & SOCIAL SCIENCES 2 $8,164 $8,376 118225
BUSINESS, EDUCATION & SOCIAL SCIENCES 3 $10,430 $10,700 118226
BUSINESS, EDUCATION & SOCIAL SCIENCES 4 $12,406 $12,727 118227
BUSINESS, EDUCATION & SOCIAL SCIENCES 5 $19,267 $19,765 118228
BUSINESS, EDUCATION & SOCIAL SCIENCES 6 $22,684 $23,272 118229
BUSINESS, EDUCATION & SOCIAL SCIENCES 7 $29,426 $30,188 118230
MEDICAL 1 $51,214 $52,539 118231
MEDICAL 2 $46,876 $48,089 118232
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1 $7,306 $7,495 118233
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2 $10,242 $10,507 118234
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3 $12,242 $12,559 118235
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4 $15,592 $15,995 118236
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5 $20,250 $20,774 118237
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6 $22,357 $22,935 118238
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7 $28,000 $28,724 118239
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8 $37,731 $38,707 118240
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9 $52,676 $54,039 118241

       Doctoral I and Doctoral II models shall be allocated in 118242
accordance with division (D)(2) of this section.118243

       (C) SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICAL, 118244
AND GRADUATE WEIGHTS118245

       For the purpose of implementing the recommendations of the 118246
State Share of Instruction Consultation and the Higher Education 118247
Funding Study Council that priority be given to maintaining state 118248
support for science, technology, engineering, mathematics, 118249
medicine, and graduate programs, the costs in division (B) of this 118250
section shall be weighted by the amounts provided below:118251

Model Fiscal Year 2012 Fiscal Year 2013 118252
ARTS AND HUMANITIES 1 1.0000 1.0000 118253
ARTS AND HUMANITIES 2 1.0000 1.0000 118254
ARTS AND HUMANITIES 3 1.0000 1.0000 118255
ARTS AND HUMANITIES 4 1.0000 1.0000 118256
ARTS AND HUMANITIES 5 1.0425 1.0425 118257
ARTS AND HUMANITIES 6 1.0425 1.0425 118258
BUSINESS, EDUCATION & SOCIAL SCIENCES 1 1.0000 1.0000 118259
BUSINESS, EDUCATION & SOCIAL SCIENCES 2 1.0000 1.0000 118260
BUSINESS, EDUCATION & SOCIAL SCIENCES 3 1.0000 1.0000 118261
BUSINESS, EDUCATION & SOCIAL SCIENCES 4 1.0000 1.0000 118262
BUSINESS, EDUCATION & SOCIAL SCIENCES 5 1.0425 1.0425 118263
BUSINESS, EDUCATION & SOCIAL SCIENCES 6 1.0425 1.0425 118264
BUSINESS, EDUCATION & SOCIAL SCIENCES 7 1.0425 1.0425 118265
MEDICAL 1 1.6456 1.6456 118266
MEDICAL 2 1.7462 1.7462 118267
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 1 1.0000 1.0000 118268
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 2 1.0017 1.0017 118269
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 3 1.6150 1.6150 118270
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 4 1.6920 1.6920 118271
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 5 1.4222 1.4222 118272
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 6 1.8798 1.8798 118273
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 7 1.4380 1.4380 118274
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 8 1.5675 1.5675 118275
SCIENCE, TECHNOLOGY, ENGINEERING, MATHEMATICS, MEDICINE 9 1.1361 1.1361 118276

       (D) CALCULATION OF STATE SHARE OF INSTRUCTION FORMULA 118277
ENTITLEMENTS AND ADJUSTMENTS118278

       (1) Of the foregoing appropriation item 235501, State Share 118279
of Instruction, 7.5 per cent of the fiscal year 2012 appropriation 118280
and 10 per cent of the fiscal year 2013 appropriation for 118281
state-supported community colleges, state community colleges, and 118282
technical colleges shall be allocated to colleges in proportion to 118283
their share of college student success factors as adopted by the 118284
Chancellor of the Board of Regents in formal communication to the 118285
Controlling Board on August 30, 2010.118286

       (2) Of the foregoing appropriation item 235501, State Share 118287
of Instruction, up to 12.89 per cent of the appropriation for 118288
university main campuses in each fiscal year shall be reserved for 118289
support of doctoral programs to implement the funding 118290
recommendations made by representatives of the universities. The 118291
amount so reserved shall be referred to as the doctoral set-aside.118292

       The doctoral set-aside shall be allocated to universities as 118293
follows:118294

       (a) 70 per cent of the doctoral set-aside in fiscal year 2012 118295
and 60 per cent of the doctoral set-aside in fiscal year 2013 118296
shall be allocated to universities in proportion to their share of 118297
the total number of Doctoral I equivalent FTEs as calculated on an 118298
institutional basis using the greater of the two-year or five-year 118299
FTEs for the period fiscal year 1994 through fiscal year 1998 with 118300
annualized FTEs for fiscal years 1994 through 1997 and all-term 118301
FTEs for fiscal year 1998 as adjusted to reflect the effects of 118302
doctoral review and subsequent changes in Doctoral I equivalent 118303
enrollments. For the purposes of this calculation, Doctoral I 118304
equivalent FTEs shall equal the sum of Doctoral I FTEs plus 1.5 118305
times the sum of Doctoral II FTEs.118306

       (b) 15 per cent of the doctoral set-aside in fiscal year 2012 118307
and 20 per cent of the doctoral set-aside in fiscal year 2013 118308
shall be allocated to universities in proportion to each campus's 118309
share of the total statewide doctoral degrees, weighted by the 118310
cost of the doctoral discipline. In calculating each campus's 118311
doctoral degrees the Chancellor of the Board of Regents shall use 118312
the three-year average doctoral degrees awarded for the three-year 118313
period ending in the prior year. 118314

       (c) 7.5 per cent of the doctoral set-aside in fiscal year 118315
2012 and 10 per cent of the doctoral set-aside in fiscal year 2013 118316
shall be allocated to universities in proportion to their share of 118317
research grant activity, using a data collection method that is 118318
reviewed and approved by the presidents of Ohio's doctoral degree 118319
granting universities. In the event that the data collection 118320
method is not available, funding for this component shall be 118321
allocated to universities in proportion to their share of research 118322
grant activity published by the National Science Foundation. Grant 118323
awards from the Department of Health and Human Services shall be 118324
weighted at 50 per cent.118325

       (d) 7.5 per cent of the doctoral set-aside in fiscal year 118326
2012 and 10 per cent of the doctoral set-aside in fiscal year 2013 118327
shall be allocated to universities based on other quality measures 118328
that contribute to the advancement of quality doctoral programs. 118329
These other quality measures shall be identified by the Chancellor 118330
in consultation with universities. If for any reason metrics for 118331
distributing the quality component of the doctoral set-aside are 118332
not identified prior to the fiscal year allocation process, this 118333
portion of the doctoral set-aside funds shall be allocated to 118334
universities based on division (D)(2)(a) of this section.118335

       (3) Of the foregoing appropriation item 235501, State Share 118336
of Instruction, 7.01 per cent of the appropriation for university 118337
main campuses in each fiscal year shall be reserved for support of 118338
Medical II FTEs. The amount so reserved shall be referred to as 118339
the medical II set-aside.118340

       The medical II set-aside shall be allocated to universities 118341
in proportion to their share of the total number of Medical II 118342
FTEs as calculated in division (A) of this section, weighted by 118343
model cost.118344

       The Northeastern Ohio Universities Colleges of Medicine and 118345
Pharmacy (NEOUCOM) may use funds from the addition of 35 medical 118346
students resulting from its partnership with Cleveland State 118347
University to establish the NEOUCOM academic campus at Cleveland 118348
State University to enable 50 per cent or more of the medical 118349
curriculum to be based in Cleveland at Cleveland State University, 118350
local hospitals, and community- and neighborhood-based primary 118351
care clinics. Cleveland State University shall not receive state 118352
capital appropriations to pay for facilities for the academic 118353
campus.118354

       (4) Of the foregoing appropriation item 235501, State Share 118355
of Instruction, 1.61 per cent of the appropriation for university 118356
main campuses in each fiscal year shall be reserved for support of 118357
Medical I FTEs. The amount so reserved shall be referred to as the 118358
medical I set-aside.118359

       The medical I set-aside shall be allocated to universities in 118360
proportion to their share of the total number of Medical I FTEs as 118361
calculated in division (A) of this section.118362

        (5) Of the foregoing appropriation item 235501, State Share 118363
of Instruction, 15 per cent of the fiscal year 2012 appropriation 118364
for university main campuses and 20 per cent of the fiscal year 118365
2013 appropriation for university main campuses shall be reserved 118366
for support of associate, baccalaureate, master's, and 118367
professional level degree attainment.118368

       The degree attainment funding shall be allocated to 118369
universities in proportion to each campus's share of the total 118370
statewide degrees granted, weighted by the cost of the degree 118371
programs. 118372

       In calculating the subsidy entitlements for degree attainment 118373
at university main campuses, the Chancellor of the Board of 118374
Regents shall use the following count of degrees and degree costs:118375

       (a) For those associate degrees awarded by a state-supported 118376
university, the subsidy eligible degrees granted are defined as 118377
only those earned by students attending a university that received 118378
funding under GRF appropriation item 235418, Access Challenge, in 118379
fiscal year 2009. 118380

       (b) For professional law and legal studies degrees awarded by 118381
a state-supported university, the subsidy-eligible degrees at each 118382
institution shall equal no more than the following:118383

University of Akron 132 118384
University of Cincinnati 90 118385
Cleveland State University 192 118386
The Ohio State University 149 118387
University of Toledo 134 118388

       (c) In calculating each campus's count of degrees, the 118389
Chancellor of the Board of Regents shall use the three-year 118390
average associate, baccalaureate, master's, and professional 118391
degrees awarded for the three-year period ending in the prior 118392
year. 118393

       (d) Eligible associate degrees defined in division (D)(5)(a) 118394
of this section and all bachelor's degrees earned by a student 118395
that either had an expected family contribution less than 2190, 118396
was determined to have been in need of remedial education, is 118397
Native American, African American, or Hispanic, or is at least age 118398
26 at the time of graduation, shall be defined as degrees earned 118399
by an at-risk student and shall be weighted by the following:118400

        (i) A campus-specific degree completion index, where the 118401
index is calculated based on the number of at-risk students 118402
enrolled during a two-year degree cohort beginning in fiscal year 118403
2000 or 2001 and earning a degree in eight years or less; and118404

       (ii) A statewide average at-risk completion weight determined 118405
by calculating the difference between the percentage of 118406
traditional students who earned a degree and the percentage of 118407
at-risk students who earned a degree during the same time period.118408

       (6) Each campus's state share of instruction base formula 118409
earnings shall be determined as follows:118410

       (a) For each campus in each fiscal year, the instructional 118411
costs shall be determined by multiplying the amounts listed above 118412
in divisions (B) and (C) of this section by (i) average 118413
subsidy-eligible FTEs for the two-year period ending in the prior 118414
year for all models except Doctoral I and Doctoral II; and (ii) 118415
average subsidy-eligible FTEs for the five-year period ending in 118416
the prior year for all models except Doctoral I and Doctoral II.118417

       (b) The Chancellor of the Board of Regents shall compute the 118418
two calculations listed in division (D)(6)(a) of this section and 118419
use the greater amount as each campus's instructional costs.118420

       (c) The Chancellor of the Board of Regents shall compute a 118421
uniform state share of instructional costs for each sector.118422

       (i) For the state-supported community colleges, state 118423
community colleges, and technical colleges, the Chancellor of the 118424
Board of Regents shall compute the uniform state share of 118425
instructional costs by dividing the sector level appropriation 118426
total as determined by the Chancellor in division (A)(1) of 118427
Section 371.20.60 of this act and adjusted pursuant to divisions 118428
(B) and (C) of Section 371.20.60 of this act, less the student 118429
college success allocation as described in division (D)(1) of this 118430
section, by the sum of all eligible campuses' instructional costs 118431
as calculated in division (D)(6)(b) of this section.118432

       (ii) For the state-supported university branch campuses, the 118433
Chancellor of the Board of Regents shall compute the uniform state 118434
share of instructional costs by dividing the sector level 118435
appropriation, as determined by the Chancellor in division (A)(2) 118436
of Section 371.20.60 of this act and adjusted pursuant to division 118437
(B) of Section 371.20.60 of this act by the sum of all campuses' 118438
instructional costs as calculated in division (D)(6)(b) of this 118439
section.118440

       (iii) For the state-supported university main campuses, the 118441
Chancellor of the Board of Regents shall compute the uniform state 118442
share of instructional costs by dividing the sector level 118443
appropriation, as determined by the Chancellor in division (A)(3) 118444
of Section 371.20.60 of this act and adjusted pursuant to division 118445
(B) of Section 371.20.60 of this act, less the doctoral set-aside, 118446
less the medical I set-aside, less the medical II set-aside, and 118447
less the degree attainment funding as calculated in divisions 118448
(D)(2) to (5) of this section, by the sum of all campuses' 118449
instructional costs as calculated in division (D)(6)(b) of this 118450
section. 118451

       (d) The formula entitlement for each sector's campuses shall 118452
be determined by multiplying the uniform state share of 118453
instructional costs calculated in division (D)(6)(c) of this 118454
section by the campus's instructional cost determined in division 118455
(D)(6)(b) of this section.118456

       (7) In addition to the student success allocation, doctoral 118457
set-aside, medical I set-aside, medical II set-aside, and the 118458
degree attainment allocation determined in divisions (D)(1) to (5) 118459
of this section and the formula entitlement determined in division 118460
(D)(6) of this section, an allocation based on facility-based 118461
plant operations and maintenance (POM) subsidy shall be made. For 118462
each eligible campus, the amount of the POM allocation in each 118463
fiscal year shall be distributed based on what each campus 118464
received in the fiscal year 2009 POM allocation.118465

       Any POM allocations required by this division shall be funded 118466
by proportionately reducing formula entitlement earnings, 118467
including the POM allocations, for all campuses in that sector.118468

       (8) STABILITY IN STATE SHARE OF INSTRUCTION FUNDING118469

       (a) In addition to and after the adjustments noted above, in 118470
fiscal year 2012, no campus shall receive a state share of 118471
instruction allocation that is less than the lesser of the 118472
following two amounts, net of funding for the medical II 118473
set-aside:118474

        (i) The prior year's state share of instruction amount 118475
reduced by 3 per cent, or118476

        (ii) The prior year's state share of instruction amount 118477
reduced by a percentage equal to the percentage change from the 118478
prior year in the campus's sector's state share of instruction 118479
funding minus three percentage points. Funds shall be made 118480
available to support this allocation by proportionately reducing 118481
formula entitlement earnings from those campuses, within each 118482
sector, that are not receiving stability funding.118483

       (b) In fiscal year 2013, in addition to and after the 118484
adjustments noted above, no campus shall receive a state share of 118485
instruction allocation that is less than the lesser of the 118486
following two amounts, net of funding for the medical II 118487
set-aside:118488

       (i) The prior year's state share of instruction amount 118489
reduced by 4 per cent, or118490

       (ii) The prior year's state share of instruction amount 118491
reduced by a percentage equal to the percentage change from the 118492
prior year in the campus's sector's state share of instruction 118493
funding minus four percentage points. Funds shall be made 118494
available to support this allocation by proportionately reducing 118495
formula entitlement earnings from those campuses, within each 118496
sector, that are not receiving stability funding.118497

       (c) For main campus universities that operate a medical 118498
school, in fiscal year 2012 no campus shall receive an allocation 118499
for the medical II set-aside that is less than the lesser of the 118500
following amounts:118501

       (i) The prior year's allocation for the medical II set-aside 118502
reduced by 2 per cent, or118503

        (ii) The prior year's allocation for the medical II set-aside 118504
reduced by a percentage equal to the percentage change from the 118505
prior year in the total medical II set-aside minus two percentage 118506
points. Funds shall be made available to support this allocation 118507
by proportionately reducing formula entitlement earnings from 118508
public medical schools, within each sector, that are not receiving 118509
stability funding.118510

       (d) In fiscal year 2013, no main campus university that 118511
operates a medical school shall receive an allocation for the 118512
medical II set-aside that is less than 97 per cent of the prior 118513
year's allocation for the medical II set-aside. Funds shall be 118514
made available to support this allocation by proportionately 118515
reducing formula entitlement earnings from public medical schools, 118516
within each sector, that are not receiving stability funding. 118517

       (9) CAPITAL COMPONENT DEDUCTION118518

       After all other adjustments have been made, state share of 118519
instruction earnings shall be reduced for each campus by the 118520
amount, if any, by which debt service charged in Am. H.B. 748 of 118521
the 121st General Assembly, Am. Sub. H.B. 850 of the 122nd General 118522
Assembly, Am. Sub. H.B. 640 of the 123rd General Assembly, H.B. 118523
675 of the 124th General Assembly, Am. Sub. H.B. 16 of the 126th 118524
General Assembly, Am. Sub. H.B. 699 of the 126th General Assembly, 118525
Am. Sub. H.B. 496 of the 127th General Assembly, and Am. Sub. H.B. 118526
562 of the 127th General Assembly for that campus exceeds that 118527
campus's capital component earnings. The sum of the amounts 118528
deducted shall be transferred to appropriation item 235552, 118529
Capital Component, in each fiscal year.118530

       (E) EXCEPTIONAL CIRCUMSTANCES118531

       Adjustments may be made to the state share of instruction 118532
payments and other subsidies distributed by the Chancellor of the 118533
Board of Regents to state-assisted colleges and universities for 118534
exceptional circumstances. No adjustments for exceptional 118535
circumstances may be made without the recommendation of the 118536
Chancellor and the approval of the Controlling Board.118537

       (F) APPROPRIATION REDUCTIONS TO THE STATE SHARE OF 118538
INSTRUCTION118539

       The standard provisions of the state share of instruction 118540
calculation as described in the preceding sections of temporary 118541
law shall apply to any reductions made to appropriation item 118542
235501, State Share of Instruction, before the Chancellor of the 118543
Board of Regents has formally approved the final allocation of the 118544
state share of instruction funds for any fiscal year.118545

       Any reductions made to appropriation item 235501, State Share 118546
of Instruction, after the Chancellor of the Board of Regents has 118547
formally approved the final allocation of the state share of 118548
instruction funds for any fiscal year, shall be uniformly applied 118549
to each campus in proportion to its share of the final allocation.118550

       (G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION118551

       The state share of instruction payments to the institutions 118552
shall be in substantially equal monthly amounts during the fiscal 118553
year, unless otherwise determined by the Director of Budget and 118554
Management pursuant to section 126.09 of the Revised Code. 118555
Payments during the first six months of the fiscal year shall be 118556
based upon the state share of instruction appropriation estimates 118557
made for the various institutions of higher education according to 118558
the Chancellor of the Board of Regents enrollment estimates. 118559
Payments during the last six months of the fiscal year shall be 118560
distributed after approval of the Controlling Board upon the 118561
request of the Chancellor.118562

       Section 371.20.60. STATE SHARE OF INSTRUCTION FOR FISCAL 118563
YEARS 2012 AND 2013118564

       (A) The foregoing appropriation item 235501, State Share of 118565
Instruction, shall be distributed according to the section of this 118566
act entitled "STATE SHARE OF INSTRUCTION FORMULAS."118567

       (1) Of the foregoing appropriation item 235501, State Share 118568
of Instruction, $400,039,672 in fiscal year 2012 and $403,657,477 118569
in fiscal year 2013 shall be distributed to state-supported 118570
community colleges, state community colleges, and technical 118571
colleges. 118572

       (2) Of the foregoing appropriation item 235501, State Share 118573
of Instruction, $115,139,824 in fiscal year 2012 and $116,181,104 118574
in fiscal year 2013 shall be distributed to state-supported 118575
university branch campuses.118576

       (3) Of the foregoing appropriation item 235501, State Share 118577
of Instruction, $1,220,350,535 in fiscal year 2012 and 118578
$1,231,386,916 in fiscal year 2013 shall be distributed to 118579
state-supported university main campuses.118580

       (B) Of the amounts earmarked in division (A) of this section, 118581
$60,996,059 in each fiscal year shall be distributed to eligible 118582
colleges and universities based on each campus's share of the 118583
appropriation item 235418, Access Challenge, in fiscal year 2009. 118584

       (C) Of the amount earmarked in division (A)(1) of this 118585
section, $10,323,056 in each fiscal year shall be distributed 118586
among state-supported community colleges, state community 118587
colleges, and technical colleges in an amount equal to the amount 118588
each institution received in fiscal year 2009 from the 118589
supplemental tuition subsidy earmarked under Section 375.30.25 of 118590
H.B. 119 of the 127th General Assembly.118591

       (D) The state share of instruction payments to the 118592
institutions shall be in substantially equal monthly amounts 118593
during the fiscal year, unless otherwise determined by the 118594
Director of Budget and Management pursuant to section 126.09 of 118595
the Revised Code. Payments during the last six months of the 118596
fiscal year shall be distributed after approval of the Controlling 118597
Board upon the request of the Chancellor of the Board of Regents.118598

       Section 371.20.65. TRANSFER OF INSTRUCTIONAL SUBSIDIES 118599
BETWEEN UNIVERSITIES118600

       Notwithstanding any provision of law to the contrary, in 118601
consultation with the Chancellor of the Board of Regents, a 118602
state-supported university may request to transfer state share of 118603
instruction subsidy allocations of the foregoing appropriation 118604
item 235501, State Share of Instruction, between a university main 118605
campus and any university branch campus for which the university 118606
main campus is affiliated to best accomplish institutional goals 118607
and objectives. At the request of the Chancellor of the Board of 118608
Regents, the Director of Budget and Management may transfer the 118609
requested amounts of state share of instruction appropriation 118610
allocations between affiliated university branch campuses and 118611
university main campuses.118612

       Section 371.20.70. RESTRICTION ON FEE INCREASES118613

       The boards of trustees of state-assisted institutions of 118614
higher education shall restrain increases in in-state 118615
undergraduate instructional and general fees. Each state-assisted 118616
institution shall not increase its in-state undergraduate 118617
instructional and general fees more than 3.5 per cent over what 118618
the institution charged for the preceding academic year.118619

       These limitations shall not apply to increases required to 118620
comply with institutional covenants related to their obligations 118621
or to meet unfunded legal mandates or legally binding obligations 118622
incurred or commitments made prior to the effective date of this 118623
section with respect to which the institution had identified such 118624
fee increases as the source of funds. Any increase required by 118625
such covenants and any such mandates, obligations, or commitments 118626
shall be reported by the Chancellor of the Board of Regents to the 118627
Controlling Board. These limitations may also be modified by the 118628
Chancellor of the Board of Regents, with the approval of the 118629
Controlling Board, to respond to exceptional circumstances as 118630
identified by the Chancellor of the Board of Regents. 118631

       Section 371.20.80. HIGHER EDUCATION - BOARD OF TRUSTEES118632

       (A) Funds appropriated for instructional subsidies at 118633
colleges and universities may be used to provide such branch or 118634
other off-campus undergraduate courses of study and such master's 118635
degree courses of study as may be approved by the Chancellor of 118636
the Board of Regents.118637

       (B) In providing instructional and other services to 118638
students, boards of trustees of state-assisted institutions of 118639
higher education shall supplement state subsidies with income from 118640
charges to students. Except as otherwise provided in this act, 118641
each board shall establish the fees to be charged to all students, 118642
including an instructional fee for educational and associated 118643
operational support of the institution and a general fee for 118644
noninstructional services, including locally financed student 118645
services facilities used for the benefit of enrolled students. The 118646
instructional fee and the general fee shall encompass all charges 118647
for services assessed uniformly to all enrolled students. Each 118648
board may also establish special purpose fees, service charges, 118649
and fines as required; such special purpose fees and service 118650
charges shall be for services or benefits furnished individual 118651
students or specific categories of students and shall not be 118652
applied uniformly to all enrolled students. A tuition surcharge 118653
shall be paid by all students who are not residents of Ohio.118654

       The board of trustees of a state-assisted institution of 118655
higher education shall not authorize a waiver or nonpayment of 118656
instructional fees or general fees for any particular student or 118657
any class of students other than waivers specifically authorized 118658
by law or approved by the Chancellor. This prohibition is not 118659
intended to limit the authority of boards of trustees to provide 118660
for payments to students for services rendered the institution, 118661
nor to prohibit the budgeting of income for staff benefits or for 118662
student assistance in the form of payment of such instructional 118663
and general fees.118664

       Each state-assisted institution of higher education in its 118665
statement of charges to students shall separately identify the 118666
instructional fee, the general fee, the tuition charge, and the 118667
tuition surcharge. Fee charges to students for instruction shall 118668
not be considered to be a price of service but shall be considered 118669
to be an integral part of the state government financing program 118670
in support of higher educational opportunity for students.118671

       (C) The boards of trustees of state-assisted institutions of 118672
higher education shall ensure that faculty members devote a proper 118673
and judicious part of their work week to the actual instruction of 118674
students. Total class credit hours of production per academic term 118675
per full-time faculty member is expected to meet the standards set 118676
forth in the budget data submitted by the Chancellor of the Board 118677
of Regents.118678

       (D) The authority of government vested by law in the boards 118679
of trustees of state-assisted institutions of higher education 118680
shall in fact be exercised by those boards. Boards of trustees may 118681
consult extensively with appropriate student and faculty groups. 118682
Administrative decisions about the utilization of available 118683
resources, about organizational structure, about disciplinary 118684
procedure, about the operation and staffing of all auxiliary 118685
facilities, and about administrative personnel shall be the 118686
exclusive prerogative of boards of trustees. Any delegation of 118687
authority by a board of trustees in other areas of responsibility 118688
shall be accompanied by appropriate standards of guidance 118689
concerning expected objectives in the exercise of such delegated 118690
authority and shall be accompanied by periodic review of the 118691
exercise of this delegated authority to the end that the public 118692
interest, in contrast to any institutional or special interest, 118693
shall be served.118694

       Section 371.20.90. STUDENT SUPPORT SERVICES118695

       The foregoing appropriation item 235502, Student Support 118696
Services, shall be distributed by the Chancellor of the Board of 118697
Regents to Ohio's state-assisted colleges and universities that 118698
incur disproportionate costs in the provision of support services 118699
to disabled students.118700

       Section 371.30.10. WAR ORPHANS SCHOLARSHIPS118701

       The foregoing appropriation item 235504, War Orphans 118702
Scholarships, shall be used to reimburse state-assisted 118703
institutions of higher education for waivers of instructional fees 118704
and general fees provided by them, to provide grants to 118705
institutions that have received a certificate of authorization 118706
from the Chancellor of the Board of Regents under Chapter 1713. of 118707
the Revised Code, in accordance with the provisions of section 118708
5910.04 of the Revised Code, and to fund additional scholarship 118709
benefits provided by section 5910.032 of the Revised Code.118710

       An amount equal to the unexpended, unencumbered portion of 118711
the foregoing appropriation item 235504, War Orphans Scholarships, 118712
at the end of fiscal year 2012 is hereby reappropriated to the 118713
Board of Regents for the same purpose for fiscal year 2013.118714

       Section 371.30.20. OHIOLINK118715

       The foregoing appropriation item 235507, OhioLINK, shall be 118716
used by the Chancellor of the Board of Regents to support 118717
OhioLINK, a consortium organized under division (U) of section 118718
3333.04 of the Revised Code to serve as the state's electronic 118719
library information and retrieval system, which provides access 118720
statewide to an extensive set of electronic databases and 118721
resources and the library holdings of Ohio's public and 118722
participating private nonprofit colleges and universities, and the 118723
State Library of Ohio.118724

       Section 371.30.30. AIR FORCE INSTITUTE OF TECHNOLOGY118725

       The foregoing appropriation item 235508, Air Force Institute 118726
of Technology, shall be used by the director of the Air Force 118727
Institute to: (A) strengthen the research and educational linkages 118728
between the Wright Patterson Air Force Base and institutions of 118729
higher education in Ohio; and (B) support the Dayton Area Graduate 118730
Studies Institute, an engineering graduate consortium of Wright 118731
State University, the University of Dayton, and the Air Force 118732
Institute of Technology, with the participation of the University 118733
of Cincinnati and The Ohio State University. 118734

       Section 371.30.40. OHIO SUPERCOMPUTER CENTER118735

       The foregoing appropriation item 235510, Ohio Supercomputer 118736
Center, shall be used by the Chancellor of the Board of Regents to 118737
support the operation of the Ohio Supercomputer Center, a 118738
consortium organized under division (U) of section 3333.04 of the 118739
Revised Code, located at The Ohio State University. The Ohio 118740
Supercomputer Center is a statewide resource available to Ohio 118741
research universities both public and private. It is also intended 118742
that the center be made accessible to private industry as 118743
appropriate.118744

       Funds shall be used, in part, to support the Ohio 118745
Supercomputer Center's Computational Science Initiative, which 118746
includes its industrial outreach program, Blue Collar Computing, 118747
and its School of Computational Science. These collaborations 118748
between the Ohio Supercomputer Center and Ohio's colleges and 118749
universities shall be aimed at making Ohio a leader in using 118750
computer modeling to promote economic development.118751

       Section 371.30.50. COOPERATIVE EXTENSION SERVICE118752

       The foregoing appropriation item 235511, Cooperative 118753
Extension Service, shall be disbursed through the Chancellor of 118754
the Board of Regents to The Ohio State University in monthly 118755
payments, unless otherwise determined by the Director of Budget 118756
and Management under section 126.09 of the Revised Code.118757

       Section 371.30.60. CENTRAL STATE SUPPLEMENT118758

       The Chancellor of the Board of Regents shall, in consultation 118759
with Central State University, develop a plan whereby the 118760
foregoing appropriation item 235514, Central State Supplement, 118761
shall be used in a manner consistent with the goals of increasing 118762
enrollment, improving course completion, and increasing the number 118763
of degrees conferred. The Chancellor shall submit a summary of the 118764
plan to the Speaker of the House of Representatives, the President 118765
of the Senate, and the Governor by December 31, 2011.118766

       The foregoing appropriation item 235514, Central State 118767
Supplement, shall be disbursed by the Chancellor of the Board of 118768
Regents to Central State University. The first two disbursements 118769
in fiscal year 2012 shall be made on a quarterly basis. Beginning 118770
January 1, 2012, the funds shall be disbursed to Central State 118771
University in accordance with the plan developed by the Chancellor 118772
under this section.118773

        The Chancellor shall monitor the implementation of the plan 118774
and the use of funds. Central State University shall provide any 118775
information requested by the Chancellor related to the 118776
implementation of the plan. If the Chancellor determines that 118777
Central State University's use of supplemental funds is not in 118778
accordance with the plan or if the plan is not having the desired 118779
effect, the Chancellor may notify Central State University that 118780
the plan is suspended. Upon receiving such notice, Central State 118781
University shall avoid all unnecessary expenditures under the 118782
plan. The Chancellor shall notify the Controlling Board of the 118783
suspension of the plan and within sixty days prepare a new plan 118784
for the use of any remaining funds.118785

       Section 371.30.63.  CENTRAL STATE UNIVERSITY SPEED TO SCALE118786

       Central State University shall continue to support the Speed 118787
to Scale Task Force and the goals of the Speed to Scale Plan, 118788
which include increasing student enrollment through freshman 118789
recruitment and transferred students, increasing the proportion of 118790
in-state students to 80 per cent of the total student population, 118791
and increasing the student retention rates between the first and 118792
second year of college by two per cent each year. The Task Force 118793
shall also develop methods of enhancing Third Frontier 118794
collaborations, enhancing marketing and public relations of 118795
current academic programs, and exploring the possibility of 118796
merger, acquisition, or expansion of Central State University.118797

       The goals shall be accomplished by the targeting of student 118798
retention, improved articulation agreements with two-year 118799
campuses, increased use of alternative course options, including 118800
online coursework and Ohio Learning Network resources, College 118801
Tech Prep, Post Secondary Enrollment Options, and other 118802
dual-credit programs, and strategic partnerships with research 118803
institutions to improve the quality of Central State University's 118804
offering of science, technology, engineering, mathematics, and 118805
medical instruction. 118806

       The Speed to Scale Task Force shall meet not less than 118807
quarterly to discuss progress of the plan, including performance 118808
on accountability metrics and issues experienced in planned 118809
efforts, and to monitor and support the creation of partnerships 118810
with other state institutions of higher education. The Task Force 118811
shall consist of the president of Central State University or the 118812
president's designee, the president of Sinclair Community College 118813
or the president's designee, the president of Cincinnati State 118814
Technical and Community College or the president's designee, the 118815
president of Cuyahoga Community College or the president's 118816
designee, the president of The Ohio State University or the 118817
president's designee, the president of the University of 118818
Cincinnati or the president's designee, the president of Wright 118819
State University or the president's designee, one representative 118820
from the Board of Regents, one member of the House of 118821
Representatives appointed by the Speaker of the House of 118822
Representatives, one member of the Senate appointed by the 118823
President of the Senate, the Director of Budget and Management or 118824
the director's designee, and a representative of the Governor's 118825
office appointed by the Governor.118826

       On the thirtieth day of June of each fiscal year, Central 118827
State University and the Speed to Scale Task Force shall jointly 118828
submit to the Governor, the Director of Budget and Management, the 118829
Speaker of the House of Representatives, the President of the 118830
Senate, and the Board of Regents a report describing the status of 118831
their progress on the accountability metrics included in the Speed 118832
to Scale Plan.118833

       Section 371.30.70. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF 118834
MEDICINE118835

       The foregoing appropriation item 235515, Case Western Reserve 118836
University School of Medicine, shall be disbursed to Case Western 118837
Reserve University through the Chancellor of the Board of Regents 118838
in accordance with agreements entered into under section 3333.10 118839
of the Revised Code, provided that the state support per full-time 118840
medical student shall not exceed that provided to full-time 118841
medical students at state universities.118842

       Section 371.30.80. FAMILY PRACTICE118843

       The Chancellor of the Ohio Board of Regents shall develop 118844
plans consistent with existing criteria and guidelines as may be 118845
required for the distribution of appropriation item 235519, Family 118846
Practice.118847

       Section 371.30.90. SHAWNEE STATE SUPPLEMENT118848

       The Chancellor of the Board of Regents shall, in consultation 118849
with Shawnee State University, develop a plan whereby the 118850
foregoing appropriation item 235520, Shawnee State Supplement, 118851
shall be used in a manner consistent with the goals of improving 118852
course completion, increasing the number of degrees conferred, and 118853
furthering the university's mission of service to the Appalachian 118854
region. The Chancellor shall submit a summary of the plan to the 118855
Speaker of the House of Representatives, the President of the 118856
Senate, and the Governor by December 31, 2011.118857

       The foregoing appropriation item 235520, Shawnee State 118858
Supplement, shall be disbursed by the Chancellor of the Board of 118859
Regents to Shawnee State University. The first two disbursements 118860
in fiscal year 2012 shall be made on a quarterly basis. Beginning 118861
January 1, 2012, the funds shall be disbursed to Shawnee State 118862
University in accordance with the plan developed by the Chancellor 118863
under this section.118864

        The Chancellor shall monitor the implementation of the plan 118865
and the use of funds. Shawnee State University shall provide any 118866
information requested by the Chancellor related to the 118867
implementation of the plan. If the Chancellor determines that 118868
Shawnee State University's use of supplemental funds is not in 118869
accordance with the plan or if the plan is not having the desired 118870
effect, the Chancellor may notify Shawnee State University that 118871
the plan is suspended. Upon receiving such notice, Shawnee State 118872
University shall avoid all unnecessary expenditures under the 118873
plan. The Chancellor shall notify the Controlling Board of the 118874
suspension of the plan and within sixty days prepare a new plan 118875
for the use of any remaining funds.118876

       Section 371.40.10. POLICE AND FIRE PROTECTION118877

       The foregoing appropriation item 235524, Police and Fire 118878
Protection, shall be used for police and fire services in the 118879
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green, 118880
Portsmouth, Xenia Township (Greene County), Rootstown Township, 118881
and the City of Nelsonville that may be used to assist these local 118882
governments in providing police and fire protection for the 118883
central campus of the state-affiliated university located therein. 118884

       Section 371.40.20. GERIATRIC MEDICINE118885

       The Chancellor of the Board of Regents shall develop plans 118886
consistent with existing criteria and guidelines as may be 118887
required for the distribution of appropriation item 235525, 118888
Geriatric Medicine.118889

       Section 371.40.30. PRIMARY CARE RESIDENCIES118890

       The Chancellor of the Board of Regents shall develop plans 118891
consistent with existing criteria and guidelines as may be 118892
required for the distribution of appropriation item 235526, 118893
Primary Care Residencies.118894

       The foregoing appropriation item 235526, Primary Care 118895
Residencies, shall be distributed in each fiscal year of the 118896
biennium, based on whether or not the institution has submitted 118897
and gained approval for a plan. If the institution does not have 118898
an approved plan, it shall receive five per cent less funding per 118899
student than it would have received from its annual allocation. 118900
The remaining funding shall be distributed among those 118901
institutions that meet or exceed their targets.118902

       Section 371.40.40. OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT 118903
CENTER118904

       The foregoing appropriation item 235535, Ohio Agricultural 118905
Research and Development Center, shall be disbursed through the 118906
Chancellor of the Board of Regents to The Ohio State University in 118907
monthly payments, unless otherwise determined by the Director of 118908
Budget and Management under section 126.09 of the Revised Code. 118909
The Ohio Agricultural Research and Development Center shall not be 118910
required to remit payment to The Ohio State University during the 118911
biennium ending June 30, 2013, for cost reallocation assessments. 118912
The cost reallocation assessments include, but are not limited to, 118913
any assessment on state appropriations to the Center.118914

       The Ohio Agricultural Research and Development Center, an 118915
entity of the College of Food, Agricultural, and Environmental 118916
Sciences of The Ohio State University, shall further its mission 118917
of enhancing Ohio's economic development and job creation by 118918
continuing to internally allocate on a competitive basis 118919
appropriated funding of programs based on demonstrated 118920
performance. Academic units, faculty, and faculty-driven programs 118921
shall be evaluated and rewarded consistent with agreed-upon 118922
performance expectations as called for in the College's 118923
Expectations and Criteria for Performance Assessment.118924

       Section 371.40.50. STATE UNIVERSITY CLINICAL TEACHING118925

       The foregoing appropriation items 235536, The Ohio State 118926
University Clinical Teaching; 235537, University of Cincinnati 118927
Clinical Teaching; 235538, University of Toledo Clinical Teaching; 118928
235539, Wright State University Clinical Teaching; 235540, Ohio 118929
University Clinical Teaching; and 235541, Northeastern Ohio 118930
Universities College of Medicine Clinical Teaching, shall be 118931
distributed through the Chancellor of the Board of Regents.118932

       Section 371.40.60. CAPITAL COMPONENT118933

       The foregoing appropriation item 235552, Capital Component, 118934
shall be used by the Chancellor of the Board of Regents to 118935
implement the capital funding policy for state-assisted colleges 118936
and universities established in Am. H.B. 748 of the 121st General 118937
Assembly. Appropriations from this item shall be distributed to 118938
all campuses for which the estimated campus debt service 118939
attributable to new qualifying capital projects is less than the 118940
campus's formula-determined capital component allocation. Campus 118941
allocations shall be determined by subtracting the estimated 118942
campus debt service attributable to new qualifying capital 118943
projects from the campus's formula-determined capital component 118944
allocation. Moneys distributed from this appropriation item shall 118945
be restricted to capital-related purposes.118946

       Any campus for which the estimated campus debt service 118947
attributable to qualifying capital projects is greater than the 118948
campus's formula-determined capital component allocation shall 118949
have the difference subtracted from its State Share of Instruction 118950
allocation in each fiscal year. Appropriation equal to the sum of 118951
all such amounts except that of the Ohio Agricultural Research and 118952
Development Center shall be transferred from appropriation item 118953
235501, State Share of Instruction, to appropriation item 235552, 118954
Capital Component. Appropriation equal to any estimated Ohio 118955
Agricultural Research and Development Center debt service 118956
attributable to qualifying capital projects that is greater than 118957
the Center's formula-determined capital component allocation shall 118958
be transferred from appropriation item 235535, Ohio Agricultural 118959
Research and Development Center, to appropriation item 235552, 118960
Capital Component.118961

       Section 371.40.70. LIBRARY DEPOSITORIES118962

       The foregoing appropriation item, 235555, Library 118963
Depositories, shall be distributed to the state's five regional 118964
depository libraries for the cost-effective storage of and access 118965
to lesser-used materials in university library collections. The 118966
depositories shall be administrated by the Chancellor of the Board 118967
of Regents, or by OhioLINK at the discretion of the Chancellor.118968

       Section 371.40.80. OHIO ACADEMIC RESOURCES NETWORK (OARNET)118969

       The foregoing appropriation item 235556, Ohio Academic 118970
Resources Network, shall be used by the Chancellor of the Board of 118971
Regents to support the operations of the Ohio Academic Resources 118972
Network, a consortium organized under division (U) of section 118973
3333.04 of the Revised Code, which shall include support for 118974
Ohio's colleges and universities in maintaining and enhancing 118975
network connections, using new network technologies to improve 118976
research, education, and economic development programs, and 118977
sharing information technology services. To the extent network 118978
capacity is available, OARnet shall support allocating bandwidth 118979
to eligible programs directly supporting Ohio's economic 118980
development.118981

       Section 371.40.90. LONG-TERM CARE RESEARCH118982

       The foregoing appropriation item 235558, Long-term Care 118983
Research, shall be disbursed to Miami University for long-term 118984
care research.118985

       Section 371.50.10.  OHIO COLLEGE OPPORTUNITY GRANT118986

       (A) Except as provided in division (C) of this section:118987

       Of the foregoing appropriation item 235563, Ohio College 118988
Opportunity Grant, $37,000,000 in each fiscal year shall be used 118989
by the Chancellor of the Board of Regents to award need-based 118990
financial aid to students enrolled in eligible four-year public 118991
institutions of higher education, excluding early college high 118992
school and post-secondary enrollment option participants.118993

       Of the foregoing appropriation item 235563, Ohio College 118994
Opportunity Grant, $41,000,000 in each fiscal year shall be used 118995
by the Chancellor of the Board of Regents to award need-based 118996
financial aid to students enrolled in eligible four-year private 118997
nonprofit institutions of higher education, excluding early 118998
college high school and post-secondary enrollment option 118999
participants.119000

       The remainder of the foregoing appropriation item 235563, 119001
Ohio College Opportunity Grant, shall be used by the Chancellor of 119002
the Board of Regents to award needs-based financial aid to 119003
students enrolled in eligible private for-profit career colleges 119004
and schools.119005

       An amount equal to the unexpended, unencumbered portion of 119006
the foregoing appropriation item 235563, Ohio College Opportunity 119007
Grant, at the end of fiscal year 2012 is hereby reappropriated to 119008
the Board of Regents for the same purpose for fiscal year 2013.119009

       (B)(1) As used in this section:119010

       (a) "Eligible institution" means any institution described in 119011
divisions (B)(2)(a) to (c) of section 3333.122 of the Revised 119012
Code.119013

       (b) The three "sectors" of institutions of higher education 119014
consist of the following:119015

       (i) State colleges and universities, community colleges, 119016
state community colleges, university branches, and technical 119017
colleges;119018

       (ii) Eligible private nonprofit institutions of higher 119019
education;119020

       (iii) Eligible private for-profit career colleges and 119021
schools.119022

       (2) If the Chancellor determines that the amounts 119023
appropriated for support of the Ohio College Opportunity Grant 119024
program are inadequate to provide grants to all eligible students 119025
as calculated under division (D) of section 3333.122 of the 119026
Revised Code, the Chancellor may create a distribution formula for 119027
fiscal year 2012 and fiscal year 2013 based on the formula used in 119028
fiscal year 2011, or may follow methods established in division 119029
(C)(1)(a) or (b) of section 3333.122 of the Revised Code. The 119030
Chancellor shall notify the Controlling Board of the distribution 119031
method. Any formula calculated under this division shall be 119032
complete and established to coincide with the start of the 119033
2011-2012 academic year. 119034

       (C) Prior to determining the amount of funds available to 119035
award under this section and section 3333.122 of the Revised Code, 119036
the Chancellor shall use the foregoing appropriation item 235563, 119037
Ohio College Opportunity Grant, to pay for renewals or partial 119038
renewals of scholarships students receive under the Ohio Academic 119039
Scholarship Program under sections 3333.21 and 3333.22 of the 119040
Revised Code. In paying for scholarships under this division, the 119041
Chancellor shall deduct funds from the allocations made under 119042
division (A) of this section proportionate to the amounts 119043
allocated to each sector from the total appropriation.119044

       In each fiscal year, the Chancellor shall not distribute or 119045
obligate or commit to be distributed an amount greater than what 119046
is appropriated under the foregoing appropriation item 235563, 119047
Ohio College Opportunity Grant.119048

       (D) The Chancellor shall establish, and post on the Ohio 119049
Board of Regents' web site, award tables based on any formulas 119050
created under division (B) of this section. The Chancellor shall 119051
notify students and institutions of any reductions in awards under 119052
this section.119053

        On or before August 31, 2011, the Chancellor of the Board of 119054
Regents shall submit award tables to the Controlling Board for the 119055
2011-2012 academic year and allocations of Ohio College 119056
Opportunity Grant awards not already specified in section 3333.122 119057
of the Revised Code.119058

       (E) Notwithstanding section 3333.122 of the Revised Code, no 119059
student shall be eligible to receive an Ohio College Opportunity 119060
Grant for more than ten semesters, fifteen quarters, or the 119061
equivalent of five academic years, less the number of semesters or 119062
quarters in which the student received an Ohio Instructional 119063
Grant.119064

       (F) On July 1 of each fiscal year, or as soon as possible 119065
thereafter, the Director of Budget and Management shall transfer 119066
$6,000,000 in cash from the Economic Development Programs Fund 119067
(Fund 5JC0) to the General Revenue Fund (GRF) to be used by 119068
Chancellor of the Board of Regents to support the Ohio College 119069
Opportunity Grant pursuant to this section.119070

       Section 371.50.20. THE OHIO STATE UNIVERSITY CLINIC SUPPORT119071

       The foregoing appropriation item 235572, The Ohio State 119072
University Clinic Support, shall be distributed through the 119073
Chancellor of the Board of Regents to The Ohio State University 119074
for support of dental and veterinary medicine clinics.119075

       Section 371.50.30. NATIONAL GUARD SCHOLARSHIP PROGRAM119076

       The Chancellor of the Board of Regents shall disburse funds 119077
from appropriation item 235599, National Guard Scholarship 119078
Program, at the direction of the Adjutant General. During each 119079
fiscal year, the Chancellor of the Board of Regents, within ten 119080
days of cancellation, may certify to the Director of Budget and 119081
Management the amount of canceled prior-year encumbrances in 119082
appropriation item 235599, National Guard Scholarship Program. 119083
Upon receipt of the certification, the Director of Budget and 119084
Management may transfer cash in an amount up to the amount 119085
certified from the General Revenue Fund to the National Guard 119086
Scholarship Reserve Fund (Fund 5BM0). Upon the request of the 119087
Adjutant General, the Chancellor of the Board of Regents shall 119088
seek Controlling Board approval to authorize additional 119089
expenditures for appropriation item 235623, National Guard 119090
Scholarship Reserve Fund. Upon approval of the Controlling Board, 119091
the additional amounts are hereby appropriated. The Chancellor of 119092
the Board of Regents shall disburse funds from appropriation item 119093
235623, National Guard Scholarship Reserve Fund, at the direction 119094
of the Adjutant General.119095

       Section 371.50.40. PLEDGE OF FEES119096

       Any new pledge of fees, or new agreement for adjustment of 119097
fees, made in the biennium ending June 30, 2013, to secure bonds 119098
or notes of a state-assisted institution of higher education for a 119099
project for which bonds or notes were not outstanding on the 119100
effective date of this section shall be effective only after 119101
approval by the Chancellor of the Board of Regents, unless 119102
approved in a previous biennium.119103

       Section 371.50.50. HIGHER EDUCATION GENERAL OBLIGATION DEBT 119104
SERVICE119105

       The foregoing appropriation item 235909, Higher Education 119106
General Obligation Debt Service, shall be used to pay all debt 119107
service and related financing costs at the times they are required 119108
to be made during the period from July 1, 2011, through June 30, 119109
2013, for obligations issued under sections 151.01 and 151.04 of 119110
the Revised Code.119111

       Section 371.50.60. SALES AND SERVICES119112

        The Chancellor of the Board of Regents is authorized to 119113
charge and accept payment for the provision of goods and services. 119114
Such charges shall be reasonably related to the cost of producing 119115
the goods and services. Except as otherwise provided by law, no 119116
charges may be levied for goods or services that are produced as 119117
part of the routine responsibilities or duties of the Chancellor. 119118
All revenues received by the Chancellor of the Board of Regents 119119
shall be deposited into Fund 4560, and may be used by the 119120
Chancellor of the Board of Regents to pay for the costs of 119121
producing the goods and services.119122

       Section 371.50.63.  CO-OP INTERNSHIP PROGRAM119123

       Of the foregoing appropriation item 235649, Co-op Internship 119124
Program, $75,000 in each fiscal year shall be used by the 119125
Chancellor of the Board of Regents to support the operations of 119126
Ohio University's Voinovich School.119127

       Of the foregoing appropriation item 235649, Co-op Internship 119128
Program, $75,000 in each fiscal year, shall be used by the 119129
Chancellor of the Board of Regents to support the operations of 119130
The Ohio State University's John Glenn School of Public Affairs.119131

       Of the foregoing appropriation item 235649, Co-op Internship 119132
Program, $75,000 in each fiscal year shall be used to support the 119133
Bliss Institute of Applied Politics at the University of Akron.119134

       Of the foregoing appropriation item 235649, Co-op Internship 119135
Program, $75,000 in each fiscal year shall be used to support the 119136
Center for Public Management and Regional Affairs at Miami 119137
University.119138

       Section 371.50.70. HIGHER EDUCATIONAL FACILITY COMMISSION 119139
ADMINISTRATION119140

       The foregoing appropriation item 235602, Higher Educational 119141
Facility Commission Administration, shall be used by the 119142
Chancellor of the Board of Regents for operating expenses related 119143
to the Chancellor of the Board of Regents' support of the 119144
activities of the Ohio Higher Educational Facility Commission. 119145
Upon the request of the Chancellor, the Director of Budget and 119146
Management shall transfer up to $29,100 cash in fiscal year 2012 119147
and up to $29,100 cash in fiscal year 2013 from the HEFC Operating 119148
Expenses Fund (Fund 4610) to the HEFC Administration Fund (Fund 119149
4E80).119150

       Section 371.50.80. NURSING LOAN PROGRAM119151

       The foregoing appropriation item 235606, Nursing Loan 119152
Program, shall be used to administer the nurse education 119153
assistance program. Up to $167,580 in each fiscal year may be used 119154
for operating expenses associated with the program. Any additional 119155
funds needed for the administration of the program are subject to 119156
Controlling Board approval.119157

       Section 371.50.90. VETERANS PREFERENCES119158

       The Chancellor of the Board of Regents shall work with the 119159
Department of Veterans Services to develop specific veterans 119160
preference guidelines for higher education institutions. These 119161
guidelines shall ensure that the institutions' hiring practices 119162
are in accordance with the intent of Ohio's veterans preference 119163
laws.119164

       Section 371.60.10. STATE NEED-BASED FINANCIAL AID 119165
RECONCILIATION119166

       By the first day of August in each fiscal year, or as soon as 119167
possible thereafter, the Chancellor of the Board of Regents shall 119168
certify to the Director of Budget and Management the amount 119169
necessary to pay any outstanding prior year obligations to higher 119170
education institutions for the state's need-based financial aid 119171
programs. The amounts certified are hereby appropriated to 119172
appropriation item 235618, State Need-based Financial Aid 119173
Reconciliation, from revenues received in the State Need-based 119174
Financial Aid Reconciliation Fund (Fund 5Y50).119175

       Section 371.60.20.  (A) As used in this section:119176

       (1) "Board of trustees" includes the managing authority of a 119177
university branch district.119178

       (2) "State institution of higher education" has the same 119179
meaning as in section 3345.011 of the Revised Code.119180

       (B) The board of trustees of any state institution of higher 119181
education, notwithstanding any rule of the institution to the 119182
contrary, may adopt a policy providing for mandatory furloughs of 119183
employees, including faculty, to achieve spending reductions 119184
necessitated by institutional budget deficits.119185

       Section 371.60.40. EFFICIENCY ADVISORY COMMITTEE119186

        The Chancellor of the Board of Regents shall establish an 119187
efficiency advisory committee for the purpose of generating 119188
optimal efficiency plans for campuses, identifying shared services 119189
opportunities, and sharing best practices. The efficiency advisory 119190
committee shall also attempt to reduce the cost of textbooks and 119191
other education resource materials. The committee shall meet at 119192
the call of the Chancellor or the Chancellor's designee, but at 119193
least quarterly. Each state institution of higher education shall 119194
designate an employee to serve as its efficiency officer 119195
responsible for the evaluation and improvement of operational 119196
efficiencies on campus. Each efficiency officer shall serve on the 119197
efficiency advisory committee.119198

       Section 371.60.50. TEXTBOOK AFFORDABILITY119199

        Each state institution of higher education shall submit to 119200
the Chancellor of the Board of Regents by December 31, 2011, a 119201
plan to reduce the cost to students of textbooks and other 119202
education resource materials.119203

       Section 371.60.60. TUITION TRUST AUTHORITY APPROPRIATION LINE 119204
ITEM TRANSFER119205

        On July 1, 2011, or as soon as possible thereafter, the 119206
Director of Budget and Management, upon request by the Chancellor 119207
of the Board of Regents, shall cancel any existing encumbrances 119208
against appropriation item 095602, Variable Savings Plans, and 119209
re-establish them against appropriation item 235663, Variable 119210
Savings Plans. The re-established encumbrance amounts are hereby 119211
appropriated.119212

        On July 1, 2011, or as soon as possible thereafter, the 119213
Director of Budget and Management, upon request by the Chancellor 119214
of the Board of Regents, shall cancel any existing encumbrances 119215
against appropriation item 095601, Guaranteed Savings Plan, and 119216
re-establish them against appropriation item 235664, Guaranteed 119217
Savings Plan. The re-established encumbrance amounts are hereby 119218
appropriated.119219

       Section 371.60.70. (A) Notwithstanding anything to the 119220
contrary in sections 3333.81 to 3333.88 of the Revised Code, the 119221
distance learning clearinghouse required to be established under 119222
those sections shall be located at the Ohio Resource Center for 119223
Mathematics, Science, and Reading administered by the College of 119224
Education and Human Ecology at The Ohio State University. The 119225
College shall provide access to its online repository of 119226
educational content to offer courses from multiple providers at 119227
competitive prices for Ohio students in grades kindergarten to 119228
twelve.119229

       (B) The College shall review the content of each course 119230
offered to assess the course's alignment with the academic 119231
standards adopted under division (A) of section 3301.079 of the 119232
Revised Code and shall publish its determination about the degree 119233
of alignment.119234

        (C) The College shall indicate, for each course offered, the 119235
academic credit that a student may reasonably expect to earn upon 119236
successful completion of the course. However, in accordance with 119237
section 3333.85 of the Revised Code, the school district or school 119238
in which the student is enrolled retains full authority to 119239
determine the credit awarded to the student.119240

        (D) As prescribed by section 3333.84 of the Revised Code, the 119241
fee charged for a course shall be set by the course provider. The 119242
College may retain a percentage of the fee to offset the cost of 119243
maintaining the course repository.119244

        (E) The College may establish policies to protect the 119245
proprietary interest in or intellectual property of the 119246
educational content and courses that are housed in the course 119247
repository. The College may require end users to agree to the 119248
terms of any such policies prior to accessing the repository.119249

       Section 371.60.80. (A) The Ohio Digital Learning Task Force 119250
is hereby established to develop a strategy for the expansion of 119251
digital learning that enables students to customize their 119252
education, produces cost savings, and meets the needs of Ohio's 119253
economy. The Task Force shall consist of the following members:119254

       (1) The Chancellor of the Ohio Board of Regents or the 119255
Chancellor's designee;119256

       (2) The Superintendent of Public Instruction or the 119257
Superintendent's designee;119258

       (3) The Director of the Governor's Office of 21st Century 119259
Education or the Director's designee;119260

       (4) Up to six members appointed by the Governor, who shall be 119261
representatives of school districts or community schools, 119262
established under Chapter 3314. of the Revised Code, that are 119263
high-performing of their type and have demonstrated the ability to 119264
incorporate technology into the classroom successfully; 119265

       (5) A member appointed by the President of the Senate;119266

       (6) A member appointed by the Speaker of the House of 119267
Representatives.119268

       (B) Members of the Task Force shall be appointed not later 119269
than sixty days after the effective date of this section. 119270
Vacancies on the Task Force shall be filled in the same manner as 119271
the original appointments. Members shall serve without 119272
compensation.119273

       (C) The Governor shall designate the chairperson of the Task 119274
Force. All meetings of the Task Force shall be held at the call of 119275
the chairperson.119276

       (D) The Task Force shall do all of the following:119277

       (1) Request information from textbook publishers about the 119278
development of digital textbooks and other new digital content 119279
distribution methods for use by primary, secondary, and 119280
post-secondary schools and institutions and examine that 119281
information;119282

       (2) Examine potential cost savings and efficiency of 119283
utilizing digital textbooks and other new digital content 119284
distribution methods in primary, secondary, and post-secondary 119285
schools and institutions;119286

       (3) Examine potential academic benefits of utilizing digital 119287
textbooks and other new digital content distribution methods, 119288
including, but not limited to, the ability to individualize 119289
content to specific student learning styles, accessibility for 119290
individuals with disabilities, and the integration of formative 119291
and other online assessments;119292

        (4) Examine digital content pilot programs and initiatives 119293
currently operating at primary, secondary, and post-secondary 119294
schools and institutions in Ohio, including, but not limited to, 119295
those financed in part with federal funds; 119296

       (5) Examine any state-level initiatives to provide or 119297
facilitate use of digital content in primary, secondary, and 119298
post-secondary schools and institutions in Ohio.119299

        (E) The Task Force shall make recommendations regarding all 119300
of the following:119301

       (1) The creation of high quality digital content and 119302
instruction in grades kindergarten to twelve for free access by 119303
public and nonpublic schools and students receiving home 119304
instruction;119305

       (2) High quality professional development for teachers and 119306
principals providing online instruction or blended learning 119307
programs;119308

       (3) Funding strategies that create incentives for high 119309
performance, innovation, and options in course providers and 119310
delivery;119311

       (4) Student assessment and accountability;119312

       (5) Infrastructure to support digital learning;119313

       (6) Mobile learning and mobile learning applications;119314

       (7) The clearinghouse established under section 3333.82 of 119315
the Revised Code;119316

       (8) Ways to align the resources and digital learning 119317
initiatives of state agencies and offices;119318

       (9) Methods for removing redundancy and inefficiency in, and 119319
for providing coordination, of all digital learning programs, 119320
including the provision of free online instruction to public and 119321
nonpublic schools on a statewide basis;119322

       (10) Methods of addressing future changes in technology and 119323
learning.119324

       (E) Not later than March 1, 2012, the Task Force shall issue 119325
a report of its findings and recommendations to the Governor, the 119326
President of the Senate, and the Speaker of the House of 119327
Representatives. Upon issuance of its report, the Task Force shall 119328
cease to exist.119329

       Section 371.60.90. Not later than six months after the 119330
effective date of this section, the Chancellor of the Ohio Board 119331
of Regents shall do both of the following:119332

       (A) Take steps to facilitate full implementation of any 119333
digital textbook and digital content pilot programs currently 119334
planned at any state institutions of higher education in Ohio;119335

       (B) Take steps to ensure that those pilot programs examine 119336
the potential cost savings and efficiencies of digital content and 119337
the potential academic benefits, including, but not limited to, 119338
the ability to individualize content to specific student learning 119339
styles, accessibility for individuals with disabilities, and the 119340
integration of formative and other online assessments.119341

       Section 373.10. DRC DEPARTMENT OF REHABILITATION AND 119342
CORRECTION119343

General Revenue Fund 119344
GRF 501321 Institutional Operations $ 909,547,156 $ 866,592,589 119345
GRF 501403 Prisoner Compensation $ 8,599,255 $ 8,599,255 119346
GRF 501405 Halfway House $ 43,637,069 $ 43,622,104 119347
GRF 501406 Lease Rental Payments $ 42,863,100 $ 104,301,500 119348
GRF 501407 Community Nonresidential Programs $ 25,859,382 $ 25,839,390 119349
GRF 501408 Community Misdemeanor Programs $ 14,406,800 $ 14,406,800 119350
GRF 501501 Community Residential Programs - CBCF $ 62,692,785 $ 62,477,785 119351
GRF 502321 Mental Health Services $ 58,525,816 $ 51,778,513 119352
GRF 503321 Parole and Community Operations $ 68,197,272 $ 63,783,848 119353
GRF 504321 Administrative Operations $ 21,996,504 $ 20,085,474 119354
GRF 505321 Institution Medical Services $ 209,231,014 $ 195,241,961 119355
GRF 506321 Institution Education Services $ 20,237,576 $ 18,086,492 119356
GRF 507321 Institution Recovery Services $ 5,786,109 $ 5,375,737 119357
TOTAL GRF General Revenue Fund $ 1,491,579,838 $ 1,480,191,448 119358

General Services Fund Group119359

1480 501602 Services and Agricultural $ 3,579,250 $ 3,584,263 119360
2000 501607 Ohio Penal Industries $ 45,172,184 $ 45,791,729 119361
4830 501605 Property Receipts $ 182,723 $ 182,086 119362
4B00 501601 Sewer Treatment Services $ 2,145,630 $ 2,157,682 119363
4D40 501603 Prisoner Programs $ 16,652,286 $ 16,659,901 119364
4L40 501604 Transitional Control $ 1,168,843 $ 1,213,120 119365
4S50 501608 Education Services $ 2,376,041 $ 2,359,775 119366
5710 501606 Training Academy Receipts $ 125,000 $ 125,000 119367
5930 501618 Laboratory Services $ 6,665,137 $ 6,664,729 119368
5AF0 501609 State and Non-Federal Awards $ 1,440,000 $ 1,440,000 119369
5H80 501617 Offender Financial Responsibility $ 3,000,000 $ 3,000,000 119370
5L60 501611 Information Technology Services $ 600,000 $ 600,000 119371
TOTAL GSF General Services Fund Group $ 83,107,094 $ 83,778,285 119372

Federal Special Revenue Fund Group119373

3230 501619 Federal Grants $ 9,013,558 $ 9,180,703 119374
TOTAL FED Federal Special Revenue 119375
Fund Group $ 9,013,558 $ 9,180,703 119376

TOTAL ALL BUDGET FUND GROUPS $ 1,583,700,490 $ 1,573,150,436 119377

       TRANSFER OF OPERATING APPROPRIATIONS TO IMPLEMENT CRIMINAL 119378
SENTENCING REFORMS119379

       For the purposes of implementing criminal sentencing reforms, 119380
and notwithstanding any other provision of law to the contrary, 119381
the Director of Budget and Management, at the request of the 119382
Director of Rehabilitation and Correction, may transfer up to 119383
$14,000,000 in appropriations, in each of fiscal years 2012 and 119384
2013, from appropriation item 501321, Institutional Operations, to 119385
any combination of appropriation items 501405, Halfway House; 119386
501407, Community Residential Programs; 501408, Community 119387
Misdemeanor Programs; and 501501, Community Residential Programs - 119388
CBCF.119389

       OHIO BUILDING AUTHORITY LEASE PAYMENTS119390

       The foregoing appropriation item 501406, Lease Rental 119391
Payments, shall be used to meet all payments at the times they are 119392
required to be made during the period from July 1, 2011, through 119393
June 30, 2013, by the Department of Rehabilitation and Correction 119394
to the Ohio Building Authority under the primary leases and 119395
agreements for those buildings made under Chapter 152. of the 119396
Revised Code. These appropriations are the source of funds pledged 119397
for bond service charges or obligations issued pursuant to Chapter 119398
152. of the Revised Code.119399

        OSU MEDICAL CHARGES119400

        Notwithstanding section 341.192 of the Revised Code, at the 119401
request of the Department of Rehabilitation and Correction, The 119402
Ohio State University Medical Center, including the James Cancer 119403
Hospital and Solove Research Institute and the Richard M. Ross 119404
Heart Hospital, shall provide necessary care to persons who are 119405
confined in state adult correctional facilities. The provision of 119406
necessary care shall be billed to the Department at a rate not to 119407
exceed the authorized reimbursement rate for the same service 119408
established by the Department of Job and Family Services under the 119409
Medical Assistance Program.119410

       Section 375.10. RSC REHABILITATION SERVICES COMMISSION119411

General Revenue Fund119412

GRF 415402 Independent Living Council $ 252,000 $ 252,000 119413
GRF 415406 Assistive Technology $ 26,618 $ 26,618 119414
GRF 415431 Office for People with Brain Injury $ 126,567 $ 126,567 119415
GRF 415506 Services for People with Disabilities $ 12,777,884 $ 12,777,884 119416
GRF 415508 Services for the Deaf $ 28,000 $ 28,000 119417
TOTAL GRF General Revenue Fund $ 13,211,069 $ 13,211,069 119418

General Services Fund Group119419

4670 415609 Business Enterprise Operating Expenses $ 1,308,431 $ 1,303,090 119420
TOTAL GSF General Services 119421
Fund Group $ 1,308,431 $ 1,303,090 119422

Federal Special Revenue Fund Group119423

3170 415620 Disability Determination $ 97,579,095 $ 97,579,095 119424
3790 415616 Federal - Vocational Rehabilitation $ 103,160,426 $ 103,150,102 119425
3L10 415601 Social Security Personal Care Assistance $ 3,370,000 $ 3,370,000 119426
3L10 415605 Social Security Community Centers for the Deaf $ 772,000 $ 772,000 119427
3L10 415608 Social Security Special Programs/Assistance $ 1,521,406 $ 1,520,184 119428
3L40 415612 Federal Independent Living Centers or Services $ 652,222 $ 652,222 119429
3L40 415615 Federal - Supported Employment $ 929,755 $ 929,755 119430
3L40 415617 Independent Living/Vocational Rehabilitation Programs $ 2,137,338 $ 2,137,338 119431
TOTAL FED Federal Special 119432
Revenue Fund Group $ 210,122,242 $ 210,110,696 119433

State Special Revenue Fund Group119434

4680 415618 Third Party Funding $ 10,802,589 $ 10,802,589 119435
4L10 415619 Services for Rehabilitation $ 3,700,000 $ 3,700,000 119436
4W50 415606 Program Management Expenses $ 11,636,730 $ 11,587,201 119437
TOTAL SSR State Special 119438
Revenue Fund Group $ 26,139,319 $ 26,089,790 119439
TOTAL ALL BUDGET FUND GROUPS $ 250,781,061 $ 250,714,645 119440

       INDEPENDENT LIVING COUNCIL119441

       The foregoing appropriation item 415402, Independent Living 119442
Council, shall be used to fund the operations of the State 119443
Independent Living Council and to support state independent living 119444
centers and independent living services under Title VII of the 119445
Independent Living Services and Centers for Independent Living of 119446
the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29 119447
U.S.C. 796d.119448

       Of the foregoing appropriation item 415402, Independent 119449
Living Council, $67,662 in each fiscal year shall be used as state 119450
matching funds for vocational rehabilitation innovation and 119451
expansion activities.119452

       ASSISTIVE TECHNOLOGY119453

       The total amount of the foregoing appropriation item 415406, 119454
Assistive Technology, shall be provided to Assistive Technology of 119455
Ohio to provide grants and assistive technology services for 119456
people with disabilities in the State of Ohio.119457

       OFFICE FOR PEOPLE WITH BRAIN INJURY119458

       The foregoing appropriation item 415431, Office for People 119459
with Brain Injury, shall be used to plan and coordinate 119460
head-injury-related services provided by state agencies and other 119461
government or private entities, to assess the needs for such 119462
services, and to set priorities in this area.119463

       Of the foregoing appropriation item 415431, Office for People 119464
with Brain Injury, $44,067 in each fiscal year shall be used as 119465
state matching funds to provide vocational rehabilitation services 119466
to eligible consumers.119467

       VOCATIONAL REHABILITATION SERVICES119468

       The foregoing appropriation item 415506, Services for People 119469
with Disabilities, shall be used as state matching funds to 119470
provide vocational rehabilitation services to eligible consumers.119471

       At the request of the Chancellor of the Board of Regents, the 119472
Director of Budget and Management may transfer any unexpended, 119473
unencumbered appropriation in fiscal year 2012 or fiscal year 2013 119474
from appropriation item 235502, Student Support Services, to 119475
appropriation item 415506, Services for People with Disabilities. 119476
Any appropriation so transferred shall be used by the Ohio 119477
Rehabilitation Services Commission to obtain additional federal 119478
matching funds to serve disabled students.119479

       SERVICES FOR THE DEAF119480

        The foregoing appropriation item 415508, Services for the 119481
Deaf, shall be used to provide grants to community centers for the 119482
deaf.119483

       INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS119484

       The foregoing appropriation item 415617, Independent 119485
Living/Vocational Rehabilitation Programs, shall be used to 119486
support vocational rehabilitation programs.119487

       SOCIAL SECURITY REIMBURSEMENT FUNDS119488

       Reimbursement funds received from the Social Security 119489
Administration, United States Department of Health and Human 119490
Services, for the costs of providing services and training to 119491
return disability recipients to gainful employment shall be 119492
expended from the Social Security Reimbursement Fund (Fund 3L10), 119493
to the extent funds are available, as follows:119494

       (A) Appropriation item 415601, Social Security Personal Care 119495
Assistance, to provide personal care services in accordance with 119496
section 3304.41 of the Revised Code;119497

       (B) Appropriation item 415605, Social Security Community 119498
Centers for the Deaf, to provide grants to community centers for 119499
the deaf in Ohio for services to individuals with hearing 119500
impairments; and119501

       (C) Appropriation item 415608, Social Security Special 119502
Programs/Assistance, to provide vocational rehabilitation services 119503
to individuals with severe disabilities who are Social Security 119504
beneficiaries, to enable them to achieve competitive employment. 119505
This appropriation item shall also be used to pay a portion of 119506
indirect costs of the Personal Care Assistance Program and the 119507
Independent Living Programs as mandated by federal OMB Circular 119508
A-87.119509

       PROGRAM MANAGEMENT EXPENSES119510

       The foregoing appropriation item 415606, Program Management 119511
Expenses, shall be used to support the administrative functions of 119512
the commission related to the provision of vocational 119513
rehabilitation, disability determination services, and ancillary 119514
programs.119515

       Section 377.10. RCB RESPIRATORY CARE BOARD119516

General Services Fund Group119517

4K90 872609 Operating Expenses $ 528,624 $ 523,013 119518
TOTAL GSF General Services 119519
Fund Group $ 528,624 $ 523,013 119520
TOTAL ALL BUDGET FUND GROUPS $ 528,624 $ 523,013 119521


       Section 379.10. RDF REVENUE DISTRIBUTION FUNDS119523

Volunteer Firefighters' Dependents Fund119524

7085 800985 Volunteer Firemen's Dependents Fund $ 300,000 $ 300,000 119525
TOTAL 085 Volunteer Firefighters' 119526
Dependents Fund $ 300,000 $ 300,000 119527
Agency Fund Group 119528
4P80 001698 Cash Management Improvement Fund $ 3,100,000 $ 3,100,000 119529
5JG0 110633 Gross Casino Revenue County Fund $ 5,778,617 $ 138,882,294 119530
5JH0 110634 Gross Casino Revenue County Student Fund $ 3,852,412 $ 92,588,196 119531
5JJ0 110636 Gross Casino Revenue Host City Fund $ 566,531 $ 13,615,911 119532
5JK0 875610 Ohio State Racing Commission Fund $ 339,919 $ 8,169,547 119533
5JL0 038629 Problem Casino Gambling and Addictions Fund $ 226,612 $ 5,446,364 119534
5JN0 055654 Ohio Law Enforcement Training Fund $ 226,612 $ 5,446,364 119535
6080 001699 Investment Earnings $ 50,000,000 $ 150,000,000 119536
7062 110962 Resort Area Excise Tax $ 1,000,000 $ 1,000,000 119537
7063 110963 Permissive Tax Distribution $ 1,904,500,000 $ 1,980,700,000 119538
7067 110967 School District Income Tax $ 317,000,000 $ 330,000,000 119539
TOTAL AGY Agency Fund Group $ 2,286,590,703 $ 2,728,948,676 119540

Holding Account Redistribution119541

R045 110617 International Fuel Tax Distribution $ 40,000,000 $ 40,000,000 119542
TOTAL 090 Holding Account Redistribution Fund 119543
Revenue Distribution Fund Group $ 40,000,000 $ 40,000,000 119544
7049 038900 Indigent Drivers Alcohol Treatment $ 2,200,000 $ 2,200,000 119545
7050 762900 International Registration Plan Distribution $ 30,000,000 $ 30,000,000 119546
7051 762901 Auto Registration Distribution $ 539,000,000 $ 539,000,000 119547
7054 110954 Local Government Property Tax Replacement - Utility $ 16,000,000 $ 11,000,000 119548
7060 110960 Gasoline Excise Tax Fund $ 393,000,000 $ 395,000,000 119549
7065 110965 Public Library Fund $ 354,000,000 $ 345,000,000 119550
7066 800966 Undivided Liquor Permits $ 14,100,000 $ 14,100,000 119551
7068 110968 State and Local Government Highway Distribution $ 193,000,000 $ 196,000,000 119552
7069 110969 Local Government Fund $ 527,000,000 $ 341,000,000 119553
7081 110981 Local Government Property Tax Replacement-Business $ 291,000,000 $ 181,000,000 119554
7082 110982 Horse Racing Tax $ 100,000 $ 100,000 119555
7083 700900 Ohio Fairs Fund $ 1,400,000 $ 1,400,000 119556
TOTAL RDF Revenue Distribution 119557
Fund Group $ 2,360,800,000 $ 2,055,800,000 119558
TOTAL ALL BUDGET FUND GROUPS $ 4,687,690,703 $ 4,825,048,676 119559

       ADDITIONAL APPROPRIATIONS119560

       Appropriation items in this section shall be used for the 119561
purpose of administering and distributing the designated revenue 119562
distribution funds according to the Revised Code. If it is 119563
determined that additional appropriations are necessary for this 119564
purpose, such amounts are hereby appropriated.119565

       GENERAL REVENUE FUND TRANSFERS119566

        Notwithstanding any provision of law to the contrary, in 119567
fiscal year 2012 and fiscal year 2013, the Director of Budget and 119568
Management may transfer from the General Revenue Fund to the Local 119569
Government Tangible Property Tax Replacement Fund (Fund 7081) in 119570
the Revenue Distribution Fund Group, those amounts necessary to 119571
reimburse local taxing units under section 5751.22 of the Revised 119572
Code. Also, in fiscal year 2012 and fiscal year 2013, the Director 119573
of Budget and Management may make temporary transfers from the 119574
General Revenue Fund to ensure sufficient balances in the Local 119575
Government Tangible Property Tax Replacement Fund (Fund 7081) and 119576
to replenish the General Revenue Fund for such transfers.119577

       Section 381.10. SAN BOARD OF SANITARIAN REGISTRATION119578

General Services Fund Group119579

4K90 893609 Operating Expenses $ 141,839 $ 126,850 119580
TOTAL GSF General Services 119581
Fund Group $ 141,839 $ 126,850 119582
TOTAL ALL BUDGET FUND GROUPS $ 141,839 $ 126,850 119583


       Section 383.10. OSB OHIO STATE SCHOOL FOR THE BLIND119585

General Revenue Fund119586

GRF 226100 Personal Services $ 6,593,546 $ 6,593,546 119587
GRF 226200 Maintenance $ 619,528 $ 619,528 119588
GRF 226300 Equipment $ 65,505 $ 65,505 119589
TOTAL GRF General Revenue Fund $ 7,278,579 $ 7,278,579 119590

General Services Fund Group119591

4H80 226602 Education Reform Grants $ 60,086 $ 60,086 119592
TOTAL GSF General Services 119593
Fund Group $ 60,086 $ 60,086 119594

Federal Special Revenue Fund Group119595

3100 226626 Coordinating Unit $ 2,527,104 $ 2,527,104 119596
3DT0 226621 Ohio Transition Collaborative $ 1,800,000 $ 1,800,000 119597
3P50 226643 Medicaid Professional Services Reimbursement $ 50,000 $ 50,000 119598
TOTAL FED Federal Special 119599
Revenue Fund Group $ 4,377,104 $ 4,377,104 119600

State Special Revenue Fund Group119601

4M50 226601 Work Study and Technology Investment $ 698,521 $ 698,521 119602
TOTAL SSR State Special Revenue 119603
Fund Group $ 698,521 $ 698,521 119604
TOTAL ALL BUDGET FUND GROUPS $ 12,414,290 $ 12,414,290 119605


       Section 385.10. OSD OHIO SCHOOL FOR THE DEAF119607

General Revenue Fund119608

GRF 221100 Personal Services $ 7,842,339 $ 7,842,339 119609
GRF 221200 Maintenance $ 814,532 $ 814,532 119610
GRF 221300 Equipment $ 70,786 $ 70,786 119611
TOTAL GRF General Revenue Fund $ 8,727,657 $ 8,727,657 119612

General Services Fund Group119613

4M10 221602 Education Reform Grants $ 74,903 $ 74,903 119614
TOTAL GSF General Services 119615
Fund Group $ 74,903 $ 74,903 119616

Federal Special Revenue Fund Group119617

3110 221625 Coordinating Unit $ 2,460,135 $ 2,460,135 119618
3R00 221684 Medicaid Professional Services Reimbursement $ 35,000 $ 35,000 119619
3Y10 221686 Early Childhood Grant $ 300,000 $ 300,000 119620
TOTAL FED Federal Special 119621
Revenue Fund Group $ 2,795,135 $ 2,795,135 119622

State Special Revenue Fund Group119623

4M00 221601 Educational Program Expenses $ 190,000 $ 190,000 119624
5H60 221609 Even Start Fees and Gifts $ 126,750 $ 126,750 119625
TOTAL SSR State Special Revenue 119626
Fund Group $ 316,750 $ 316,750 119627
TOTAL ALL BUDGET FUND GROUPS $ 11,914,445 $ 11,914,445 119628


       Section 387.10. SFC SCHOOL FACILITIES COMMISSION119630

General Revenue Fund119631

GRF 230908 Common Schools General Obligation Debt Service $ 150,604,900 $ 341,919,400 119632
TOTAL GRF General Revenue Fund $ 150,604,900 $ 341,919,400 119633

State Special Revenue Fund Group119634

5E30 230644 Operating Expenses $ 8,950,000 $ 8,550,000 119635
TOTAL SSR State Special Revenue 119636
Fund Group $ 8,950,000 $ 8,550,000 119637
TOTAL ALL BUDGET FUND GROUPS $ 159,554,900 $ 350,469,400 119638


       Section 387.20.  COMMON SCHOOLS GENERAL OBLIGATION DEBT 119640
SERVICE119641

       The foregoing appropriation item 230908, Common Schools 119642
General Obligation Debt Service, shall be used to pay all debt 119643
service and related financing costs at the times they are required 119644
to be made during the period from July 1, 2011, through June 30, 119645
2013, for obligations issued under sections 151.01 and 151.03 of 119646
the Revised Code.119647

       OPERATING EXPENSES119648

       The foregoing appropriation item 230644, Operating Expenses, 119649
shall be used by the Ohio School Facilities Commission to carry 119650
out its responsibilities under this section and Chapter 3318. of 119651
the Revised Code.119652

       In both fiscal years 2012 and 2013, the Executive Director of 119653
the Ohio School Facilities Commission shall certify on a quarterly 119654
basis to the Director of Budget and Management the amount of cash 119655
from interest earnings to be transferred from the School Building 119656
Assistance Fund (Fund 7032), the Public School Building Fund (Fund 119657
7021), and the Educational Facilities Trust Fund (Fund N087) to 119658
the Ohio School Facilities Commission Fund (Fund 5E30). The amount 119659
transferred from the School Building Assistance Fund (Fund 7032) 119660
may not exceed investment earnings credited to the fund, less any 119661
amount required to be paid for federal arbitrage rebate purposes.119662

       If the Executive Director of the Ohio School Facilities 119663
Commission determines that transferring cash from interest 119664
earnings is insufficient to support operations and carry out its 119665
responsibilities under this section and Chapter 3318. of the 119666
Revised Code, the Commission may, with the approval of the 119667
Controlling Board, transfer cash not generated from interest from 119668
the Public School Building Fund (Fund 7021) and the Educational 119669
Trust Fund (Fund N087) to the Ohio School Facilities Commission 119670
Fund (Fund 5E30).119671

       SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION119672

       At the request of the Executive Director of the Ohio School 119673
Facilities Commission, the Director of Budget and Management may 119674
cancel encumbrances for school district projects from a previous 119675
biennium if the district has not raised its local share of project 119676
costs within thirteen months of receiving Controlling Board 119677
approval under section 3318.05 or 3318.41 of the Revised Code. The 119678
Executive Director of the Ohio School Facilities Commission shall 119679
certify the amounts of the canceled encumbrances to the Director 119680
of Budget and Management on a quarterly basis. The amounts of the 119681
canceled encumbrances are hereby appropriated.119682

       Section 387.30.  AMENDMENT TO PROJECT AGREEMENT FOR 119683
MAINTENANCE LEVY119684

        The Ohio School Facilities Commission shall amend the project 119685
agreement between the Commission and a school district that is 119686
participating in the Accelerated Urban School Building Assistance 119687
Program on the effective date of this section, if the Commission 119688
determines that it is necessary to do so in order to comply with 119689
division (B)(3)(c) of section 3318.38 of the Revised Code.119690

       Section 387.40. CANTON CITY SCHOOL DISTRICT PROJECT119691

       (A) The Ohio School Facilities Commission may commit up to 119692
thirty-five million dollars to the Canton City School District for 119693
construction of a facility described in this section, in lieu of a 119694
high school that would otherwise be authorized under Chapter 3318. 119695
of the Revised Code. The Commission shall not commit funds under 119696
this section unless all of the following conditions are met:119697

       (1) The District has entered into a cooperative agreement 119698
with a state-assisted technical college;119699

       (2) The District has received an irrevocable commitment of 119700
additional funding from nonpublic sources; and119701

       (3) The facility is intended to serve both secondary and 119702
postsecondary instructional purposes.119703

       (B) The Commission shall enter into an agreement with the 119704
District for the construction of the facility authorized under 119705
this section that is separate from and in addition to the 119706
agreement required for the District's participation in the 119707
Classroom Facilities Assistance Program under section 3318.08 of 119708
the Revised Code. Notwithstanding that section and sections 119709
3318.03, 3318.04, and 3318.083 of the Revised Code, the additional 119710
agreement shall provide, but not be limited to, the following:119711

       (1) The Commission shall not have any oversight 119712
responsibilities over the construction of the facility.119713

       (2) The facility need not comply with the specifications for 119714
plans and materials for high schools adopted by the Commission.119715

       (3) The Commission may decrease the basic project cost that 119716
would otherwise be calculated for a high school under Chapter 119717
3318. of the Revised Code.119718

       (4) The state shall not share in any increases in the basic 119719
project cost for the facility above the amount authorized under 119720
this section.119721

       All other provisions of Chapter 3318. of the Revised Code 119722
apply to the approval and construction of a facility authorized 119723
under this section.119724

       The state funds committed to the facility authorized by this 119725
section shall be part of the total amount the state commits to the 119726
Canton City School District under Chapter 3318. of the Revised 119727
Code. All additional state funds committed to the Canton City 119728
School District for classroom facilities assistance shall be 119729
subject to all provisions of Chapter 3318. of the Revised Code.119730

       Section 387.50. Notwithstanding any other provision of law to 119731
the contrary, the Ohio School Facilities Commission may determine 119732
the amount of funding available for disbursement in a given fiscal 119733
year for any project approved under sections 3318.01 to 3318.20 of 119734
the Revised Code in order to keep aggregate state capital spending 119735
within approved limits and may take actions including, but not 119736
limited to, determining the schedule for design or bidding of 119737
approved projects, to ensure appropriate and supportable cash 119738
flow. 119739

       Section 387.60. Notwithstanding division (B) of section 119740
3318.40 of the Revised Code, the Ohio School Facilities Commission 119741
may provide assistance to at least one joint vocational school 119742
district each fiscal year for the acquisition of classroom 119743
facilities in accordance with sections 3318.40 to 3318.45 of the 119744
Revised Code. 119745

       Section 389.10. SOS SECRETARY OF STATE119746

General Revenue Fund119747

GRF 050321 Operating Expenses $ 2,144,030 $ 2,144,030 119748
GRF 050407 Pollworkers Training $ 234,196 $ 234,196 119749
TOTAL GRF General Revenue Fund $ 2,378,226 $ 2,378,226 119750

General Services Fund Group119751

4120 050609 Notary Commission $ 475,000 $ 475,000 119752
4130 050601 Information Systems $ 49,000 $ 49,000 119753
4140 050602 Citizen Education Fund $ 25,000 $ 25,000 119754
4S80 050610 Board of Voting Machine Examiners $ 7,200 $ 7,200 119755
5FG0 050620 BOE Reimbursement and Education $ 100,000 $ 100,000 119756
TOTAL General Services Fund Group $ 656,200 $ 656,200 119757

Federal Special Revenue Fund Group119758

3AH0 050614 Election Reform/Health and Human Services $ 800,000 $ 800,000 119759
3AS0 050616 Help America Vote Act (HAVA) $ 3,000,000 $ 3,000,000 119760
TOTAL FED Federal Special Revenue 119761
Fund Group $ 3,800,000 $ 3,800,000 119762

State Special Revenue Fund Group119763

5990 050603 Business Services Operating Expenses $ 14,385,400 $ 14,385,400 119764
TOTAL SSR State Special Revenue 119765
Fund Group $ 14,385,400 $ 14,385,400 119766

Holding Account Redistribution Fund Group119767

R001 050605 Uniform Commercial Code Refunds $ 30,000 $ 30,000 119768
R002 050606 Corporate/Business Filing Refunds $ 85,000 $ 85,000 119769
TOTAL 090 Holding Account 119770
Redistribution Fund Group $ 115,000 $ 115,000 119771
TOTAL ALL BUDGET FUND GROUPS $ 21,334,826 $ 21,334,826 119772

       POLLWORKER TRAINING119773

       The foregoing appropriation item 050407, Pollworkers 119774
Training, shall be used to reimburse county boards of elections 119775
for pollworker training pursuant to section 3501.27 of the Revised 119776
Code. At the end of fiscal year 2012, an amount equal to the 119777
unexpended, unencumbered portion of appropriation item 050407, 119778
Pollworkers Training, is hereby reappropriated in fiscal year 2013 119779
for the same purpose.119780

       BOARD OF VOTING MACHINE EXAMINERS119781

       The foregoing appropriation item 050610, Board of Voting 119782
Machine Examiners, shall be used to pay for the services and 119783
expenses of the members of the Board of Voting Machine Examiners, 119784
and for other expenses that are authorized to be paid from the 119785
Board of Voting Machine Examiners Fund, which is created in 119786
section 3506.05 of the Revised Code. Moneys not used shall be 119787
returned to the person or entity submitting equipment for 119788
examination. If it is determined that additional appropriations 119789
are necessary, such amounts are hereby appropriated.119790

       HAVA FUNDS119791

       An amount equal to the unexpended, unencumbered portion of 119792
appropriation item 050616, Help America Vote Act (HAVA) Voting 119793
Machines, at the end of fiscal year 2012 is reappropriated for the 119794
same purpose in fiscal year 2013.119795

        An amount equal to the unexpended, unencumbered portion of 119796
appropriation item 050614, Election Reform/Health and Human 119797
Services, at the end of fiscal year 2012 is reappropriated for the 119798
same purpose in fiscal year 2013.119799

       The Director of Budget and Management shall credit the 119800
ongoing interest earnings from the Election Reform/Health and 119801
Human Services Fund (Fund 3AH0), the Help America Vote Act (HAVA) 119802
Voting Machines Fund (Fund 3AS0), and the Election Data Collection 119803
Grant Fund (Fund 3AC0) to the respective funds and distribute 119804
these earnings in accordance with the terms of the grant under 119805
which the money is received.119806

       HOLDING ACCOUNT REDISTRIBUTION GROUP119807

       The foregoing appropriation items 050605, Uniform Commercial 119808
Code Refunds, and 050606, Corporate/Business Filing Refunds, shall 119809
be used to hold revenues until they are directed to the 119810
appropriate accounts or until they are refunded. If it is 119811
determined that additional appropriations are necessary, such 119812
amounts are hereby appropriated.119813

       ABOLITION OF THE TECHNOLOGY IMPROVEMENTS FUND119814

       On July 1, 2011, or as soon as possible thereafter, the 119815
Director of Budget and Management shall transfer the cash balance 119816
in the Technology Improvements Fund (Fund 5N90) to the Business 119817
Services Operating Expenses Fund (Fund 5990). The Director shall 119818
cancel any existing encumbrances against appropriation item 119819
050607, Technology Improvements, and re-establish them against 119820
appropriation item 050603, Business Services Operating Expenses. 119821
The re-established encumbered amounts are hereby appropriated. 119822
Upon completion of the transfer, Fund 5N90 is abolished.119823

       Section 391.10. SEN THE OHIO SENATE119824

General Revenue Fund119825

GRF 020321 Operating Expenses $ 10,911,095 $ 10,911,095 119826
TOTAL GRF General Revenue Fund $ 10,911,095 $ 10,911,095 119827

General Services Fund Group119828

1020 020602 Senate Reimbursement $ 852,001 $ 852,001 119829
4090 020601 Miscellaneous Sales $ 34,497 $ 34,497 119830
TOTAL GSF General Services 119831
Fund Group $ 886,498 $ 886,498 119832
TOTAL ALL BUDGET FUND GROUPS $ 11,797,593 $ 11,797,593 119833

       OPERATING EXPENSES119834

       On July 1, 2011, or as soon as possible thereafter, the Clerk 119835
of the Senate may certify to the Director of Budget and Management 119836
the amount of the unexpended, unencumbered balance of the 119837
foregoing appropriation item 020321, Operating Expenses, at the 119838
end of fiscal year 2011 to be reappropriated to fiscal year 2012. 119839
The amount certified is hereby reappropriated to the same 119840
appropriation item for fiscal year 2012.119841

        On July 1, 2012, or as soon as possible thereafter, the Clerk 119842
of the Senate may certify to the Director of Budget and Management 119843
the amount of the unexpended, unencumbered balance of the 119844
foregoing appropriation item 020321, Operating Expenses, at the 119845
end of fiscal year 2012 to be reappropriated to fiscal year 2013. 119846
The amount certified is hereby reappropriated to the same 119847
appropriation item for fiscal year 2013.119848

       Section 393.10. CSV COMMISSION ON SERVICE AND VOLUNTEERISM119849

General Revenue Fund119850

GRF 866321 CSV Operations $ 129,998 $ 126,664 119851
TOTAL GRF General Revenue Fund $ 129,998 $ 126,664 119852

General Services Fund119853

5GN0 866605 Serve Ohio Support $ 67,500 $ 67,500 119854
TOTAL GSF General Services Fund $ 67,500 $ 67,500 119855

Federal Special Revenue Fund Group119856

3R70 866617 AmeriCorps Programs $ 8,279,290 $ 8,272,110 119857
TOTAL FED Federal Special Revenue 119858
Fund Group $ 8,279,290 $ 8,272,110 119859

State Special Revenue Fund Group119860

6240 866604 Volunteer Contracts and Services $ 49,130 $ 47,870 119861
TOTAL SSR State Special Revenue 119862
Fund Group $ 49,130 $ 47,870 119863
TOTAL ALL BUDGET FUND GROUPS $ 8,525,918 $ 8,514,144 119864


       Section 395.10. CSF COMMISSIONERS OF THE SINKING FUND119866

Debt Service Fund Group119867

7070 155905 Third Frontier Research and Development Bond Retirement Fund $ 29,323,300 $ 63,640,300 119868
7072 155902 Highway Capital Improvement Bond Retirement Fund $ 143,176,000 $ 150,789,300 119869
7073 155903 Natural Resources Bond Retirement Fund $ 5,375,300 $ 25,209,100 119870
7074 155904 Conservation Projects Bond Retirement Fund $ 24,556,800 $ 29,297,300 119871
7076 155906 Coal Research and Development Bond Retirement Fund $ 7,861,100 $ 5,577,700 119872
7077 155907 State Capital Improvement Bond Retirement Fund $ 113,306,600 $ 215,571,100 119873
7078 155908 Common Schools Bond Retirement Fund $ 150,604,900 $ 341,919,400 119874
7079 155909 Higher Education Bond Retirement Fund $ 108,262,500 $ 201,555,000 119875
7080 155901 Persian Gulf, Afghanistan, and Iraq Conflicts Bond Retirement Fund $ 5,497,700 $ 10,112,100 119876
7090 155912 Job Ready Site Development Bond Retirement Fund $ 9,859,200 $ 15,680,500 119877
TOTAL DSF Debt Service Fund Group $ 597,823,400 $ 1,059,351,800 119878
TOTAL ALL BUDGET FUND GROUPS $ 597,823,400 $ 1,059,351,800 119879

       ADDITIONAL APPROPRIATIONS119880

       Appropriation items in this section are for the purpose of 119881
paying debt service and financing costs on bonds or notes of the 119882
state issued under the Ohio Constitution and acts of the General 119883
Assembly. If it is determined that additional amounts are 119884
necessary for this purpose, such amounts are hereby appropriated.119885

       Section 397.10. SOA SOUTHERN OHIO AGRICULTURAL AND COMMUNITY 119886
DEVELOPMENT FOUNDATION119887

Tobacco Master Settlement Agreement Fund Group119888

5M90 945601 Operating Expenses $ 436,500 $ 426,800 119889
TOTAL TMF Tobacco Master Settlement Agreement Fund Group $ 436,500 $ 426,800 119890
TOTAL ALL BUDGET FUND GROUPS $ 436,500 $ 426,800 119891


       Section 399.10. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY & 119893
AUDIOLOGY119894

General Services Fund Group119895

4K90 886609 Operating Expenses $ 477,490 $ 472,260 119896
TOTAL GSF General Services 119897
Fund Group $ 477,490 $ 472,260 119898
TOTAL ALL BUDGET FUND GROUPS $ 477,490 $ 472,260 119899


       Section 401.10. BTA BOARD OF TAX APPEALS119901

General Revenue Fund119902

GRF 116321 Operating Expenses $ 1,600,000 $ 1,700,000 119903
TOTAL GRF General Revenue Fund $ 1,600,000 $ 1,700,000 119904
TOTAL ALL BUDGET FUND GROUPS $ 1,600,000 $ 1,700,000 119905


       Section 403.10. TAX DEPARTMENT OF TAXATION119907

General Revenue Fund119908

GRF 110321 Operating Expenses $ 73,500,000 $ 73,550,000 119909
GRF 110404 Tobacco Settlement Enforcement $ 200,000 $ 200,000 119910
GRF 110412 Child Support Administration $ 15,804 $ 15,804 119911
GRF 110901 Property Tax Allocation - Taxation $ 610,900,000 $ 616,000,000 119912
TOTAL GRF General Revenue Fund $ 684,615,804 $ 689,765,804 119913

General Services Fund Group119914

2280 110628 Tax Reform System Implementation $ 13,638,008 $ 13,642,176 119915
4330 110602 Tape File Account $ 197,802 $ 197,878 119916
5AP0 110632 Discovery Project $ 2,445,799 $ 2,445,657 119917
5CZ0 110631 Vendor's License Application $ 250,000 $ 250,000 119918
5N50 110605 Municipal Income Tax Administration $ 339,798 $ 339,975 119919
5N60 110618 Kilowatt Hour Tax Administration $ 150,000 $ 150,000 119920
5V80 110623 Property Tax Administration $ 12,195,733 $ 12,099,303 119921
5W40 110625 Centralized Tax Filing and Payment $ 200,000 $ 200,000 119922
5W70 110627 Exempt Facility Administration $ 50,000 $ 50,000 119923
TOTAL GSF General Services 119924
Fund Group $ 29,467,140 $ 29,374,989 119925

State Special Revenue Fund Group119926

4350 110607 Local Tax Administration $ 19,028,339 $ 19,225,941 119927
4360 110608 Motor Vehicle Audit $ 1,474,081 $ 1,474,353 119928
4370 110606 Litter/Natural Resource Tax Administration $ 20,000 $ 20,000 119929
4380 110609 School District Income Tax $ 5,859,041 $ 5,860,650 119930
4C60 110616 International Registration Plan $ 689,296 $ 689,308 119931
4R60 110610 Tire Tax Administration $ 245,462 $ 246,660 119932
5V70 110622 Motor Fuel Tax Administration $ 5,384,254 $ 5,086,236 119933
6390 110614 Cigarette Tax Enforcement $ 1,384,217 $ 1,384,314 119934
6420 110613 Ohio Political Party Distributions $ 500,000 $ 500,000 119935
6880 110615 Local Excise Tax Administration $ 782,630 $ 782,843 119936
TOTAL SSR State Special Revenue 119937
Fund Group $ 35,367,320 $ 35,270,305 119938

Agency Fund Group119939

4250 110635 Tax Refunds $ 1,546,800,000 $ 1,546,800,000 119940
7095 110995 Municipal Income Tax $ 21,000,000 $ 21,000,000 119941
TOTAL AGY Agency Fund Group $ 1,567,800,000 $ 1,567,800,000 119942

Holding Account Redistribution Fund Group119943

R010 110611 Tax Distributions $ 50,000 $ 50,000 119944
R011 110612 Miscellaneous Income Tax Receipts $ 50,000 $ 50,000 119945
TOTAL 090 Holding Account 119946
Redistribution Fund Group $ 100,000 $ 100,000 119947
TOTAL ALL BUDGET FUND GROUPS $ 2,317,350,264 $ 2,322,311,098 119948

       HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK119949

       The foregoing appropriation item 110901, Property Tax 119950
Allocation - Taxation, is hereby appropriated to pay for the 119951
state's costs incurred due to the Homestead Exemption, the 119952
Manufactured Home Property Tax Rollback, and the Property Tax 119953
Rollback. The Tax Commissioner shall distribute these funds 119954
directly to the appropriate local taxing districts, except for 119955
school districts, notwithstanding the provisions in sections 119956
321.24 and 323.156 of the Revised Code, which provide for payment 119957
of the Homestead Exemption, the Manufactured Home Property Tax 119958
Rollback, and Property Tax Rollback by the Tax Commissioner to the 119959
appropriate county treasurer and the subsequent redistribution of 119960
these funds to the appropriate local taxing districts by the 119961
county auditor.119962

       Upon receipt of these amounts, each local taxing district 119963
shall distribute the amount among the proper funds as if it had 119964
been paid as real property taxes. Payments for the costs of 119965
administration shall continue to be paid to the county treasurer 119966
and county auditor as provided for in sections 319.54, 321.26, and 119967
323.156 of the Revised Code.119968

       Any sums, in addition to the amounts specifically 119969
appropriated in appropriation item 110901, Property Tax Allocation 119970
- Taxation, for the Homestead Exemption, the Manufactured Home 119971
Property Tax Rollback, and the Property Tax Rollback payments, 119972
which are determined to be necessary for these purposes, are 119973
hereby appropriated.119974

       MUNICIPAL INCOME TAX119975

       The foregoing appropriation item 110995, Municipal Income 119976
Tax, shall be used to make payments to municipal corporations 119977
under section 5745.05 of the Revised Code. If it is determined 119978
that additional appropriations are necessary to make such 119979
payments, such amounts are hereby appropriated.119980

       TAX REFUNDS119981

       The foregoing appropriation item 110635, Tax Refunds, shall 119982
be used to pay refunds under section 5703.052 of the Revised Code. 119983
If it is determined that additional appropriations are necessary 119984
for this purpose, such amounts are hereby appropriated.119985

       INTERNATIONAL REGISTRATION PLAN AUDIT119986

       The foregoing appropriation item 110616, International 119987
Registration Plan, shall be used under section 5703.12 of the 119988
Revised Code for audits of persons with vehicles registered under 119989
the International Registration Plan.119990

       TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT119991

        Of the foregoing appropriation item 110607, Local Tax 119992
Administration, the Tax Commissioner may disburse funds, if 119993
available, for the purposes of paying travel expenses incurred by 119994
members of Ohio's delegation to the Streamlined Sales Tax Project, 119995
as appointed under section 5740.02 of the Revised Code. Any travel 119996
expense reimbursement paid for by the Department of Taxation shall 119997
be done in accordance with applicable state laws and guidelines.119998

       CENTRALIZED TAX FILING AND PAYMENT FUND119999

       The Director of Budget and Management, under a plan submitted 120000
by the Tax Commissioner, or as otherwise determined by the 120001
Director of Budget and Management, shall set a schedule to 120002
transfer cash from the General Revenue Fund to the credit of the 120003
Centralized Tax Filing and Payment Fund (Fund 5W40). The transfers 120004
of cash shall not exceed $400,000 in the biennium.120005

       TOBACCO SETTLEMENT ENFORCEMENT120006

       The foregoing appropriation item 110404, Tobacco Settlement 120007
Enforcement, shall be used by the Tax Commissioner to pay costs 120008
incurred in the enforcement of divisions (F) and (G) of section 120009
5743.03 of the Revised Code.120010

       Section 405.10. DOT DEPARTMENT OF TRANSPORTATION120011

General Revenue Fund120012

GRF 775451 Public Transportation - State $ 6,500,000 $ 6,500,000 120013
GRF 776465 Ohio Rail Development Commission $ 2,000,000 $ 2,000,000 120014
GRF 777471 Airport Improvements - State $ 750,000 $ 750,000 120015
TOTAL GRF General Revenue Fund $ 9,250,000 $ 9,250,000 120016
TOTAL ALL BUDGET FUND GROUPS $ 9,250,000 $ 9,250,000 120017


       Section 407.10. TOS TREASURER OF STATE120019

General Revenue Fund120020

GRF 090321 Operating Expenses $ 7,743,553 $ 7,743,553 120021
GRF 090401 Office of the Sinking Fund $ 502,304 $ 502,304 120022
GRF 090402 Continuing Education $ 377,702 $ 377,702 120023
GRF 090524 Police and Fire Disability Pension Fund $ 7,900 $ 7,900 120024
GRF 090534 Police and Fire Ad Hoc Cost of Living $ 87,000 $ 87,000 120025
GRF 090554 Police and Fire Survivor Benefits $ 600,000 $ 600,000 120026
GRF 090575 Police and Fire Death Benefits $ 20,000,000 $ 20,000,000 120027
TOTAL GRF General Revenue Fund $ 29,318,459 $ 29,318,459 120028

General Services Fund Group120029

4E90 090603 Securities Lending Income $ 4,829,441 $ 4,829,441 120030
5770 090605 Investment Pool Reimbursement $ 550,000 $ 550,000 120031
5C50 090602 County Treasurer Education $ 170,057 $ 170,057 120032
6050 090609 Treasurer of State Administrative Fund $ 135,000 $ 135,000 120033
TOTAL GSF General Services 120034
Fund Group $ 5,684,498 $ 5,684,498 120035

Agency Fund Group120036

4250 090635 Tax Refunds $ 6,000,000 $ 6,000,000 120037
TOTAL Agency Fund Group $ 6,000,000 $ 6,000,000 120038
TOTAL ALL BUDGET FUND GROUPS $ 41,002,957 $ 41,002,957 120039


       Section 407.20. OFFICE OF THE SINKING FUND120041

       The foregoing appropriation item 090401, Office of the 120042
Sinking Fund, shall be used for costs incurred by or on behalf of 120043
the Commissioners of the Sinking Fund and the Ohio Public 120044
Facilities Commission with respect to State of Ohio general 120045
obligation bonds or notes, and the Treasurer of State with respect 120046
to State of Ohio general obligation and special obligation bonds 120047
or notes, including, but not limited to, printing, advertising, 120048
delivery, rating fees and the procurement of ratings, professional 120049
publications, membership in professional organizations, and other 120050
services referred to in division (D) of section 151.01 of the 120051
Revised Code. The General Revenue Fund shall be reimbursed for 120052
such costs relating to the issuance and administration of Highway 120053
Capital Improvement bonds or notes authorized under Ohio 120054
Constitution, Article VIII, Section 2m and Chapter 151. of the 120055
Revised Code. That reimbursement shall be made from appropriation 120056
item 155902, Highway Capital Improvement Bond Retirement Fund, by 120057
intrastate transfer voucher pursuant to a certification by the 120058
Office of the Sinking Fund of the actual amounts used. The amounts 120059
necessary to make such a reimbursement are hereby appropriated 120060
from the Highway Capital Improvement Bond Retirement Fund created 120061
in section 151.06 of the Revised Code.120062

       POLICE AND FIRE DEATH BENEFIT FUND120063

       The foregoing appropriation item 090575, Police and Fire 120064
Death Benefits, shall be disbursed quarterly by the Treasurer of 120065
State at the beginning of each quarter of each fiscal year to the 120066
Board of Trustees of the Ohio Police and Fire Pension Fund. The 120067
Treasurer of State shall certify such amounts quarterly to the 120068
Director of Budget and Management. By the twentieth day of June of 120069
each fiscal year, the Board of Trustees of the Ohio Police and 120070
Fire Pension Fund shall certify to the Treasurer of State the 120071
amount disbursed in the current fiscal year to make the payments 120072
required by section 742.63 of the Revised Code and shall return to 120073
the Treasurer of State moneys received from this appropriation 120074
item but not disbursed.120075

       TAX REFUNDS120076

       The foregoing appropriation item 090635, Tax Refunds, shall 120077
be used to pay refunds under section 5703.052 of the Revised Code. 120078
If the Director of Budget and Management determines that 120079
additional amounts are necessary for this purpose, such amounts 120080
are hereby appropriated.120081

       Section 409.10. VTO VETERANS' ORGANIZATIONS120082

General Revenue Fund120083

VAP AMERICAN EX-PRISONERS OF WAR
120084

GRF 743501 State Support $ 28,910 $ 28,910 120085

VAN ARMY AND NAVY UNION, USA, INC.
120086

GRF 746501 State Support $ 63,539 $ 63,539 120087

VKW KOREAN WAR VETERANS
120088

GRF 747501 State Support $ 57,118 $ 57,118 120089

VJW JEWISH WAR VETERANS
120090

GRF 748501 State Support $ 34,321 $ 34,321 120091

VCW CATHOLIC WAR VETERANS
120092

GRF 749501 State Support $ 66,978 $ 66,978 120093

VPH MILITARY ORDER OF THE PURPLE HEART
120094

GRF 750501 State Support $ 65,116 $ 65,116 120095

VVV VIETNAM VETERANS OF AMERICA
120096

GRF 751501 State Support $ 214,776 $ 214,776 120097

VAL AMERICAN LEGION OF OHIO
120098

GRF 752501 State Support $ 349,189 $ 349,189 120099

VII AMVETS
120100

GRF 753501 State Support $ 332,547 $ 332,547 120101

VAV DISABLED AMERICAN VETERANS
120102

GRF 754501 State Support $ 249,836 $ 249,836 120103

VMC MARINE CORPS LEAGUE
120104

GRF 756501 State Support $ 133,947 $ 133,947 120105

V37 37TH DIVISION VETERANS' ASSOCIATION
120106

GRF 757501 State Support $ 6,868 $ 6,868 120107

VFW VETERANS OF FOREIGN WARS
120108

GRF 758501 State Support $ 284,841 $ 284,841 120109

TOTAL GRF General Revenue Fund $ 1,887,986 $ 1,887,986 120110
TOTAL ALL BUDGET FUND GROUPS $ 1,887,986 $ 1,887,986 120111

       RELEASE OF FUNDS120112

       The Director of Budget and Management may release the 120113
foregoing appropriation items 743501, 746501, 747501, 748501, 120114
749501, 750501, 751501, 752501, 753501, 754501, 756501, 757501, 120115
and 758501, State Support.120116

       Section 411.10.  DVS DEPARTMENT OF VETERANS SERVICES120117

General Revenue Fund120118

GRF 900321 Veterans' Homes $ 27,369,946 $ 27,369,946 120119
GRF 900402 Hall of Fame $ 107,075 $ 107,075 120120
GRF 900408 Department of Veterans Services $ 1,901,823 $ 1,901,823 120121
GRF 900901 Persian Gulf, Afghanistan, and Iraq Compensation Debt Service $ 5,486,600 $ 10,112,100 120122
TOTAL GRF General Revenue Fund $ 34,865,444 $ 39,490,944 120123

General Services Fund Group120124

4840 900603 Veterans' Homes Services $ 305,806 $ 312,458 120125
TOTAL GSF General Services Fund Group $ 305,806 $ 312,458 120126

Federal Special Revenue Fund Group120127

3680 900614 Veterans Training $ 769,500 $ 754,377 120128
3740 900606 Troops to Teachers $ 136,786 $ 133,461 120129
3BX0 900609 Medicare Services $ 2,500,000 $ 2,490,169 120130
3L20 900601 Veterans' Homes Operations - Federal $ 23,455,379 $ 23,476,269 120131
TOTAL FED Federal Special Revenue 120132
Fund Group $ 26,861,665 $ 26,854,276 120133

State Special Revenue Fund Group120134

4E20 900602 Veterans' Homes Operating $ 10,117,680 $ 10,319,078 120135
6040 900604 Veterans' Homes Improvement $ 347,598 $ 398,731 120136
TOTAL SSR State Special Revenue 120137
Fund Group $ 10,465,278 $ 10,717,809 120138

Persian Gulf, Afghanistan, and Iraq Compensation Fund Group120139

7041 900615 Veteran Bonus Program - Administration $ 1,605,410 $ 1,147,703 120140
7041 900641 Persian Gulf, Afghanistan, and Iraq Compensation $ 25,425,000 $ 24,300,000 120141
TOTAL 041 Persian Gulf, 120142
Afghanistan, and Iraq 120143
Compensation Fund Group $ 27,030,410 $ 25,447,703 120144
TOTAL ALL BUDGET FUND GROUPS $ 99,528,603 $ 102,823,190 120145

       PERSIAN GULF, AFGHANISTAN AND IRAQ COMPENSATION GENERAL 120146
OBLIGATION DEBT SERVICE120147

       The foregoing appropriation item 900901, Persian Gulf, 120148
Afghanistan and Iraq Compensation Debt Service, shall be used to 120149
pay all debt service and related financing costs during the period 120150
from July 1, 2011, through June 30, 2013, on obligations issued 120151
for Persian Gulf, Afghanistan and Iraq Conflicts Compensation 120152
purposes under sections 151.01 and 151.12 of the Revised Code.120153

       Section 413.10. DVM STATE VETERINARY MEDICAL BOARD120154

General Services Fund Group120155

4K90 888609 Operating Expenses $ 322,375 $ 319,857 120156
5BV0 888602 Veterinary Student Loan Program $ 30,000 $ 30,000 120157
TOTAL GSF General Services 120158
Fund Group $ 352,375 $ 349,857 120159
TOTAL ALL BUDGET FUND GROUPS $ 352,375 $ 349,857 120160


       Section 415.10. DYS DEPARTMENT OF YOUTH SERVICES120162

General Revenue Fund120163

GRF 470401 RECLAIM Ohio $ 168,716,967 $ 162,362,228 120164
GRF 470412 Lease Rental Payments $ 10,221,800 $ 27,230,100 120165
GRF 470510 Youth Services $ 16,702,728 $ 16,702,728 120166
GRF 472321 Parole Operations $ 10,830,019 $ 10,583,118 120167
GRF 477321 Administrative Operations $ 12,222,051 $ 11,855,389 120168
TOTAL GRF General Revenue Fund $ 218,693,565 $ 228,733,563 120169

General Services Fund Group120170

1750 470613 Education Reimbursement $ 8,160,277 $ 8,151,056 120171
4790 470609 Employee Food Service $ 150,000 $ 150,000 120172
4A20 470602 Child Support $ 450,000 $ 400,000 120173
4G60 470605 General Operational Funds $ 125,000 $ 125,000 120174
5BN0 470629 E-Rate Program $ 535,000 $ 535,000 120175
TOTAL GSF General Services 120176
Fund Group $ 9,420,277 $ 9,361,056 120177

Federal Special Revenue Fund Group120178

3210 470601 Education $ 1,774,469 $ 1,517,840 120179
3210 470603 Juvenile Justice Prevention $ 300,000 $ 300,000 120180
3210 470606 Nutrition $ 1,747,432 $ 1,704,022 120181
3210 470610 Rehabilitation Programs $ 36,000 $ 36,000 120182
3210 470614 Title IV-E Reimbursements $ 6,000,000 $ 6,000,000 120183
3BY0 470635 Federal Juvenile Programs FFY 07 $ 56,471 $ 2,000 120184
3BZ0 470636 Federal Juvenile Programs FFY 08 $ 82,000 $ 1,618 120185
3CP0 470638 Federal Juvenile Programs FFY 09 $ 500,000 $ 300,730 120186
3CR0 470639 Federal Juvenile Programs FFY 10 $ 800,000 $ 479,900 120187
3FB0 470641 Federal Juvenile Programs FFY 11 $ 135,000 $ 600,000 120188
3FC0 470642 Federal Juvenile Programs FFY 12 $ 0 $ 135,000 120189
3V50 470604 Juvenile Justice/Delinquency Prevention $ 2,010,000 $ 2,000,000 120190
TOTAL FED Federal Special Revenue 120191
Fund Group $ 13,441,372 $ 13,077,110 120192

State Special Revenue Fund Group120193

1470 470612 Vocational Education $ 762,126 $ 758,210 120194
TOTAL SSR State Special Revenue 120195
Fund Group $ 762,126 $ 758,210 120196
TOTAL ALL BUDGET FUND GROUPS $ 242,317,340 $ 251,929,939 120197

       COMMUNITY PROGRAMS120198

       Of the foregoing appropriation item 470401, RECLAIM Ohio, an 120199
amount equal to forty-five per cent of the unexpended, 120200
unencumbered balance used for the purpose of funding juvenile 120201
correctional facilities, at the end of each fiscal year, is hereby 120202
reappropriated to the next fiscal year, and shall be used for the 120203
purpose of expanding Targeted RECLAIM, the Behavioral Health 120204
Juvenile Justice Initiative, and other evidence-based community 120205
programs.120206

       OHIO BUILDING AUTHORITY LEASE PAYMENTS120207

       The foregoing appropriation item 470412, Lease Rental 120208
Payments, shall be used to meet all payments at the times they are 120209
required to be made for the period from July 1, 2011, through June 120210
30, 2013, by the Department of Youth Services to the Ohio Building 120211
Authority under the leases and agreements for facilities made 120212
under Chapter 152. of the Revised Code. This appropriation is the 120213
source of funds pledged for bond service charges on related 120214
obligations issued pursuant to Chapter 152. of the Revised Code.120215

       EDUCATION REIMBURSEMENT120216

       The foregoing appropriation item 470613, Education 120217
Reimbursement, shall be used to fund the operating expenses of 120218
providing educational services to youth supervised by the 120219
Department of Youth Services. Operating expenses include, but are 120220
not limited to, teachers' salaries, maintenance costs, and 120221
educational equipment. This appropriation item may be used for 120222
capital expenses related to the education program.120223

       EMPLOYEE FOOD SERVICE AND EQUIPMENT120224

       Notwithstanding section 125.14 of the Revised Code, the 120225
foregoing appropriation item 470609, Employee Food Service, may be 120226
used to purchase any food operational items with funds received 120227
into the fund from reimbursements for state surplus property.120228

       FLEXIBLE FUNDING FOR CHILDREN AND FAMILIES120229

       In collaboration with the county family and children first 120230
council, the juvenile court of that county that receives 120231
allocations from one or both of the foregoing appropriation items 120232
470401, RECLAIM Ohio, and 470510, Youth Services, may transfer 120233
portions of those allocations to a flexible funding pool as 120234
authorized by the section titled FAMILY AND CHILDREN FIRST 120235
FLEXIBLE FUNDING POOL, of this act.120236

       Section 501.10. All items set forth in this section are 120237
hereby appropriated for fiscal year 2012 out of any moneys in the 120238
state treasury to the credit of the Administrative Building Fund 120239
(Fund 7026) that are not otherwise appropriated.120240

CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD
120241

C87416 Statehouse Boiler Replacement $ 900,000 120242
Total Capitol Square Review and Advisory Board $ 900,000 120243
TOTAL Administrative Building Fund $ 900,000 120244


       Section 503.10. PERSONAL SERVICE EXPENSES120246

       Unless otherwise prohibited by law, any appropriation from 120247
which personal service expenses are paid shall bear the employer's 120248
share of public employees' retirement, workers' compensation, 120249
disabled workers' relief, and insurance programs; and the costs of 120250
centralized financial services, centralized payroll processing, 120251
and related reports and services; centralized human resources 120252
services, including affirmative action and equal employment 120253
opportunity programs; the Office of Collective Bargaining; the 120254
Employee Assistance Program; centralized information technology 120255
management services; administering the enterprise resource 120256
planning system; and administering the state employee merit system 120257
as required by section 124.07 of the Revised Code. These costs 120258
shall be determined in conformity with the appropriate sections of 120259
law and paid in accordance with procedures specified by the Office 120260
of Budget and Management. Expenditures from appropriation item 120261
070601, Public Audit Expense - Intra-State, may be exempted from 120262
the requirements of this section.120263

       Section 503.20. SATISFACTION OF JUDGMENTS AND SETTLEMENTS 120264
AGAINST THE STATE120265

       Except as otherwise provided in this section, an 120266
appropriation in this act or any other act may be used for the 120267
purpose of satisfying judgments, settlements, or administrative 120268
awards ordered or approved by the Court of Claims or by any other 120269
court of competent jurisdiction in connection with civil actions 120270
against the state. This authorization does not apply to 120271
appropriations to be applied to or used for payment of guarantees 120272
by or on behalf of the state, or for payments under lease 120273
agreements relating to, or debt service on, bonds, notes, or other 120274
obligations of the state. Notwithstanding any other statute to the 120275
contrary, this authorization includes appropriations from funds 120276
into which proceeds of direct obligations of the state are 120277
deposited only to the extent that the judgment, settlement, or 120278
administrative award is for, or represents, capital costs for 120279
which the appropriation may otherwise be used and is consistent 120280
with the purpose for which any related obligations were issued or 120281
entered into. Nothing contained in this section is intended to 120282
subject the state to suit in any forum in which it is not 120283
otherwise subject to suit, and is not intended to waive or 120284
compromise any defense or right available to the state in any suit 120285
against it.120286

       Section 503.30. CAPITAL PROJECT SETTLEMENTS120287

       This section specifies an additional and supplemental 120288
procedure to provide for payments of judgments and settlements if 120289
the Director of Budget and Management determines, pursuant to 120290
division (C)(4) of section 2743.19 of the Revised Code, that 120291
sufficient unencumbered moneys do not exist in the fund to support 120292
a particular appropriation to pay the amount of a final judgment 120293
rendered against the state or a state agency, including the 120294
settlement of a claim approved by a court, in an action upon and 120295
arising out of a contractual obligation for the construction or 120296
improvement of a capital facility if the costs under the contract 120297
were payable in whole or in part from a state capital projects 120298
appropriation. In such a case, the Director may either proceed 120299
pursuant to division (C)(4) of section 2743.19 of the Revised Code 120300
or apply to the Controlling Board to increase an appropriation or 120301
create an appropriation out of any unencumbered moneys in the 120302
state treasury to the credit of the capital projects fund from 120303
which the initial state appropriation was made. The amount of an 120304
increase in appropriation or new appropriation approved by the 120305
Controlling Board is hereby appropriated from the applicable 120306
capital projects fund and made available for the payment of the 120307
judgment or settlement.120308

       If the Director does not make the application authorized by 120309
this section or the Controlling Board disapproves the application, 120310
and the Director does not make application under division (C)(4) 120311
of section 2743.19 of the Revised Code, the Director shall for the 120312
purpose of making that payment make a request to the General 120313
Assembly as provided for in division (C)(5) of that section.120314

       Section 503.40. RE-ISSUANCE OF VOIDED WARRANTS120315

       In order to provide funds for the reissuance of voided 120316
warrants under section 126.37 of the Revised Code, there is hereby 120317
appropriated, out of moneys in the state treasury from the fund 120318
credited as provided in section 126.37 of the Revised Code, that 120319
amount sufficient to pay such warrants when approved by the Office 120320
of Budget and Management.120321

       Section 503.50. REAPPROPRIATION OF UNEXPENDED ENCUMBERED 120322
BALANCES OF OPERATING APPROPRIATIONS120323

       (A) An unexpended balance of an operating appropriation or 120324
reappropriation that a state agency lawfully encumbered prior to 120325
the close of a fiscal year is hereby reappropriated on the first 120326
day of July of the following fiscal year from the fund from which 120327
it was originally appropriated or reappropriated for the following 120328
period and shall remain available only for the purpose of 120329
discharging the encumbrance:120330

       (1) For an encumbrance for personal services, maintenance, 120331
equipment, or items for resale, other than an encumbrance for an 120332
item of special order manufacture not available on term contract 120333
or in the open market or for reclamation of land or oil and gas 120334
wells, for a period of not more than five months from the end of 120335
the fiscal year;120336

       (2) For an encumbrance for an item of special order 120337
manufacture not available on term contract or in the open market, 120338
for a period of not more than five months from the end of the 120339
fiscal year or, with the written approval of the Director of 120340
Budget and Management, for a period of not more than twelve months 120341
from the end of the fiscal year;120342

       (3) For an encumbrance for reclamation of land or oil and gas 120343
wells, for a period ending when the encumbered appropriation is 120344
expended or for a period of two years, whichever is less;120345

       (4) For an encumbrance for any other expense, for such period 120346
as the Director approves, provided such period does not exceed two 120347
years.120348

       (B) Any operating appropriations for which unexpended 120349
balances are reappropriated beyond a five-month period from the 120350
end of the fiscal year by division (A)(2) of this section shall be 120351
reported to the Controlling Board by the Director of Budget and 120352
Management by the thirty-first day of December of each year. The 120353
report on each such item shall include the item, the cost of the 120354
item, and the name of the vendor. The report shall be updated on a 120355
quarterly basis for encumbrances remaining open.120356

       (C) Upon the expiration of the reappropriation period set out 120357
in division (A) of this section, a reappropriation made by this 120358
section lapses, and the Director of Budget and Management shall 120359
cancel the encumbrance of the unexpended reappropriation not later 120360
than the end of the weekend following the expiration of the 120361
reappropriation period.120362

       (D) Notwithstanding division (C) of this section, with the 120363
approval of the Director of Budget and Management, an unexpended 120364
balance of an encumbrance that was reappropriated on the first day 120365
of July by this section for a period specified in division (A)(3) 120366
or (4) of this section and that remains encumbered at the close of 120367
the fiscal biennium is hereby reappropriated on the first day of 120368
July of the following fiscal biennium from the fund from which it 120369
was originally appropriated or reappropriated for the applicable 120370
period specified in division (A)(3) or (4) of this section and 120371
shall remain available only for the purpose of discharging the 120372
encumbrance.120373

       (E) The Director of Budget and Management may correct 120374
accounting errors committed by the staff of the Office of Budget 120375
and Management, such as re-establishing encumbrances or 120376
appropriations cancelled in error, during the cancellation of 120377
operating encumbrances in November and of nonoperating 120378
encumbrances in December.120379

       (F) If the Controlling Board approved a purchase, that 120380
approval remains in effect so long as the appropriation used to 120381
make that purchase remains encumbered.120382

       Section 503.60. APPROPRIATIONS RELATED TO CASH TRANSFERS AND 120383
RE-ESTABLISHMENT OF ENCUMBRANCES120384

       Any cash transferred by the Director of Budget and Management 120385
under section 126.15 of the Revised Code is hereby appropriated. 120386
Any amounts necessary to re-establish appropriations or 120387
encumbrances under section 126.15 of the Revised Code are hereby 120388
appropriated.120389

       Section 503.70. INCOME TAX DISTRIBUTION TO COUNTIES120390

       There are hereby appropriated out of any moneys in the state 120391
treasury to the credit of the General Revenue Fund, which are not 120392
otherwise appropriated, funds sufficient to make any payment 120393
required by division (B)(2) of section 5747.03 of the Revised 120394
Code.120395

       Section 503.80. EXPENDITURES AND APPROPRIATION INCREASES 120396
APPROVED BY THE CONTROLLING BOARD120397

       Any money that the Controlling Board approves for expenditure 120398
or any increase in appropriation that the Controlling Board 120399
approves under sections 127.14, 131.35, and 131.39 of the Revised 120400
Code or any other provision of law is hereby appropriated for the 120401
period ending June 30, 2013.120402

       Section 503.90. FUNDS RECEIVED FOR USE OF GOVERNOR'S 120403
RESIDENCE120404

       If the Governor's Residence Fund (Fund 4H20) receives payment 120405
for use of the residence pursuant to section 107.40 of the Revised 120406
Code, the amounts so received are hereby appropriated to 120407
appropriation item 100604, Governor's Residence Gift.120408

       Section 506.10. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS120409

       Unless the agency and nuclear electric utility mutually agree 120410
to a higher amount by contract, the maximum amounts that may be 120411
assessed against nuclear electric utilities under division (B)(2) 120412
of section 4937.05 of the Revised Code and deposited into the 120413
specified funds are as follows:120414

Fund User FY 2012 FY 2013 120415
Utility Radiological Safety Fund (Fund 4E40) Department of Agriculture $ 131,785 $ 131,785 120416
Radiation Emergency Response Fund (Fund 6100) Department of Health $ 930,525 $ 930,576 120417
ER Radiological Safety Fund (Fund 6440) Environmental Protection Agency $ 279,838 $ 279,966 120418
Emergency Response Plan Fund (Fund 6570) Department of Public Safety $ 1,415,945 $ 1,415,945 120419

       Section 512.10. TRANSFERS TO THE GENERAL REVENUE FUND OF 120420
INTEREST EARNED120421

       Notwithstanding any provision of law to the contrary, the 120422
Director of Budget and Management, through June 30, 2013, may 120423
transfer interest earned by any state fund to the General Revenue 120424
Fund. This section does not apply to funds whose source of revenue 120425
is restricted or protected by the Ohio Constitution, federal tax 120426
law, or the "Cash Management Improvement Act of 1990," 104 Stat. 120427
1058 (1990), 31 U.S.C. 6501 et seq., as amended.120428

       Section 512.30. CASH TRANSFERS TO THE GENERAL REVENUE FUND 120429
FROM NON-GRF FUNDS120430

        Notwithstanding any provision of law to the contrary, during 120431
fiscal years 2012 and 2013, the Director of Budget and Management 120432
may transfer up to $60,000,000 in cash from non-General Revenue 120433
Funds that are not constitutionally restricted to the General 120434
Revenue Fund in order to ensure that available General Revenue 120435
Fund receipts and balances are sufficient to support General 120436
Revenue Fund appropriations in each fiscal year.120437

       Section 512.40. FISCAL YEAR 2011 GENERAL REVENUE FUND ENDING 120438
BALANCE120439

       Notwithstanding divisions (B) and (C) of section 131.44 of 120440
the Revised Code, the Director of Budget and Management shall 120441
determine the surplus General Revenue Fund revenue that existed on 120442
June 30, 2011, in excess of the amount required under division 120443
(A)(3) of section 131.44 of the Revised Code, and transfer from 120444
the General Revenue Fund, to the extent of the amount so 120445
determined, the following:120446

       (A) First, to the Disaster Services Fund (Fund 5E20), a cash 120447
amount equal to half the surplus General Revenue Fund revenue, up 120448
to $25,000,000;120449

       (B) Then, to the Teacher Incentive Program Fund (Fund 5KG0), 120450
a cash amount equal to half the surplus General Revenue Fund 120451
revenue, up to $25,000,000.120452

       Section 512.60. NATURAL RESOURCES PUBLICATIONS120453

       On July 1, 2011, or as soon as possible thereafter, the 120454
Director of Budget and Management, at the request of the Director 120455
of Natural Resources, shall transfer the remaining cash balance in 120456
the Natural Resources Publications and Promotional Materials Fund 120457
(Fund 5080) to the Departmental Projects Fund (Fund 1550) and the 120458
Geological Mapping Fund (Fund 5110) in such amounts as determined 120459
by the Director of Budget and Management after consultation with 120460
the Director of Natural Resources. The Director of Budget and 120461
Management shall cancel all existing encumbrances against 120462
appropriation item 725684, Natural Resources Publications, and 120463
reestablish them against appropriation item 725601, Departmental 120464
Projects, and appropriation item 725646, Ohio Geological Mapping. 120465
Upon completion of the transfer, the Natural Resources 120466
Publications and Promotional Materials Fund is hereby abolished. 120467
Beginning July 1, 2011, all moneys from the sale of books, 120468
bulletins, maps, or other publications and promotional materials 120469
shall be credited to the Departmental Projects Fund (Fund 1550) or 120470
the Geological Mapping Fund (Fund 5110) as determined by the 120471
Director of Natural Resources.120472

       Section 512.70. On July 1, 2011, or as soon as possible 120473
thereafter, the Director of Budget and Management shall transfer 120474
the cash balance in the Penalty Enforcement Fund (Fund 5K70) to 120475
the Labor Operating Fund (Fund 5560). The Director shall cancel 120476
any existing encumbrances against appropriation item 800621, 120477
Penalty Enforcement, and re-establish them against appropriation 120478
item 800615, Industrial Compliance. The re-established encumbrance 120479
amounts are hereby appropriated. Upon completion of the transfer, 120480
Fund 5K70 is abolished.120481

       Section 512.80. ABOLISHMENT OF PASSPORT FUND120482

        On July 1, 2011, or as soon as possible thereafter, the 120483
Director of Budget and Management shall transfer the cash balance 120484
in the PASSPORT Fund (Fund 4U90) to the Nursing Home Franchise 120485
Permit Fee Fund (Fund 5R20). Upon completion of the transfer, Fund 120486
4U90 is abolished. The Director shall cancel any existing 120487
encumbrances against appropriation item 490602, PASSPORT Fund, and 120488
reestablish them against appropriation item 600613, Nursing 120489
Facility Bed Assessments. The reestablished encumbrance amounts 120490
are hereby appropriated. 120491

       Section 512.90.  DIESEL EMISSIONS REDUCTION GRANT PROGRAM120492

       There is established in the Highway Operating Fund (Fund 120493
7002) in the Department of Transportation a Diesel Emissions 120494
Reduction Grant Program. The Director of Development shall 120495
administer the program and shall solicit, evaluate, score, and 120496
select projects submitted by public and private entities that are 120497
eligible for the federal Congestion Mitigation and Air Quality 120498
(CMAQ) Program. The Director of Transportation shall process 120499
Federal Highway Administration-approved projects as recommended by 120500
the Director of Development.120501

       In addition to the allowable expenditures set forth in 120502
section 122.861 of the Revised Code, Diesel Emissions Reduction 120503
Grant Program funds also may be used to fund projects involving 120504
the purchase or use of hybrid and alternative fuel vehicles that 120505
are allowed under guidance developed by the Federal Highway 120506
Administration for the CMAQ Program.120507

       Public entities eligible to receive funds under section 120508
122.861 of the Revised Code and CMAQ shall be reimbursed from the 120509
Department of Transportation's Diesel Emissions Reduction Grant 120510
Program.120511

       Private entities eligible to receive funds under section 120512
122.861 of the Revised Code and CMAQ shall be reimbursed through 120513
transfers of cash from the Department of Transportation's Diesel 120514
Emissions Reduction Grant Program to the Diesel Emissions 120515
Reduction Grant Fund (Fund 3BD0) used by the Department of 120516
Development. 120517

       Appropriation item 195697, Diesel Emissions Reduction Grants, 120518
is established with an appropriation of $10,000,000 in FY 2012 and 120519
$10,000,000 in FY 2013. Total expenditures between both the 120520
Departments of Development and Transportation shall not exceed the 120521
amounts appropriated in this section.120522

       On or before June 30, 2012, any unencumbered balance of the 120523
foregoing appropriation item 195697, Diesel Emissions Reduction 120524
Grants, for fiscal year 2012 is appropriated for the same purposes 120525
in fiscal year 2013.120526

       Any cash transfers or allocations under this section 120527
represent CMAQ program moneys within the Department of 120528
Transportation for use by the Diesel Emissions Reduction Grant 120529
Program by the Department of Development. These allocations shall 120530
not reduce the amount of such moneys designated for metropolitan 120531
planning organizations.120532

       The Director of Development, in consultation with the 120533
Directors of Environmental Protection and Transportation, shall 120534
develop guidance for the distribution of funds and for the 120535
administration of the Diesel Emissions Reduction Grant Program. 120536
The guidance shall include a method of prioritization for 120537
projects, acceptable technologies, and procedures for awarding 120538
grants.120539

       Section 515.20. (A) On the effective date of the amendment of 120540
the statutes creating the Division of Oil and Gas Resources 120541
Management in the Department of Natural Resources by this act, the 120542
functions, assets, and liabilities of the Division of Mineral 120543
Resources Management in the Department of Natural Resources with 120544
respect to oil and gas are transferred to the Division of Oil and 120545
Gas Resources Management. The Division of Oil and Gas Resources 120546
Management is successor to, assumes the obligations and authority 120547
of, and otherwise continues the Division of Mineral Resources 120548
Management with respect to oil and gas. No right, privilege, or 120549
remedy, and no duty, liability, or obligation, accrued under the 120550
Division of Mineral Resources Management with respect to oil and 120551
gas is impaired or lost by reason of the transfer and shall be 120552
recognized, administered, performed, or enforced by the Division 120553
of Oil and Gas Resources Management.120554

       (B) Business commenced but not completed by the Division of 120555
Mineral Resources Management or by the Chief of the Division of 120556
Mineral Resources Management with respect to oil and gas shall be 120557
completed by the Division of Oil and Gas Resources Management or 120558
the Chief of the Division of Oil and Gas Resources Management in 120559
the same manner, and with the same effect, as if completed by the 120560
Division of Mineral Resources Management or by the Chief of the 120561
Division of Mineral Resources Management.120562

       (C) All of the Division of Mineral Resources Management's 120563
rules, orders, and determinations with respect to oil and gas 120564
continue in effect as rules, orders, and determinations of the 120565
Division of Oil and Gas Resources Management until modified or 120566
rescinded by the Division of Oil and Gas Resources Management. If 120567
necessary to ensure the integrity of the numbering of the 120568
Administrative Code, the Director of the Legislative Service 120569
Commission shall renumber the Division of Mineral Resources 120570
Management's rules with respect to oil and gas to reflect their 120571
transfer to the Division of Oil and Gas Resources Management.120572

       (D) The Director of Budget and Management shall determine the 120573
amount of unexpended balances in the appropriation accounts that 120574
pertain to the Division of Mineral Resources Management with 120575
respect to oil and gas and shall recommend to the Controlling 120576
Board their transfer to the appropriation accounts that pertain to 120577
the Division of Oil and Gas Resources Management. The Chief of the 120578
Division of Mineral Resources Management shall provide full and 120579
timely information to the Controlling Board to facilitate the 120580
transfer.120581

       (E) Whenever the Division of Mineral Resources Management or 120582
the Chief of the Division of Mineral Resources Management is 120583
referred to in a statute, contract, or other instrument with 120584
respect to oil and gas, the reference is deemed to refer to the 120585
Division of Oil and Gas Resources Management or to the Chief of 120586
the Division of Oil and Gas Resources Management, whichever is 120587
appropriate in context.120588

       (F) No pending action or proceeding being prosecuted or 120589
defended in court or before an agency with respect to oil and gas 120590
by the Division of Mineral Resources Management or the Chief of 120591
the Division of Mineral Resources Management is affected by the 120592
transfer and shall be prosecuted or defended in the name of the 120593
Division of Oil and Gas Resources Management or the Chief of the 120594
Division of Oil and Gas Resources Management, whichever is 120595
appropriate. Upon application to the court or agency, the Division 120596
of Oil and Gas Resources Management or the Chief of the Division 120597
of Oil and Gas Resources Management shall be substituted as a 120598
party.120599

       Section 515.30. (A) On the effective date of the amendment of 120600
the statutes governing the Ohio Coal Development Office by this 120601
act, the Ohio Coal Development Office and all of its functions, 120602
together with its assets and liabilities, are transferred from 120603
within the Ohio Air Quality Development Authority to within the 120604
Department of Development. The Ohio Coal Development Office in the 120605
Department of Development assumes the obligations of and otherwise 120606
constitutes the continuation of the Ohio Coal Development Office 120607
in the Ohio Air Quality Development Authority.120608

       (B) Any business commenced but not completed by the Ohio Coal 120609
Development Office in the Ohio Air Quality Development Authority 120610
or the Director of that office on the effective date of the 120611
amendment of the statutes governing that Office by this act shall 120612
be completed by the Ohio Coal Development Office in the Department 120613
of Development or the Director of that Office in the same manner, 120614
and with the same effect, as if completed by the Ohio Coal 120615
Development Office in the Ohio Air Quality Development Authority 120616
or the Director of that Office. Any validation, cure, right, 120617
privilege, remedy, obligation, or liability is not lost or 120618
impaired by reason of the transfer required by this section and 120619
shall be administered by the Ohio Coal Development Office in the 120620
Department of Development.120621

       (C) All of the rules, orders, and determinations of the Ohio 120622
Coal Development Office in the Ohio Air Quality Development 120623
Authority or of the Ohio Air Quality Development Authority in 120624
relation to that Office continue in effect as rules, orders, and 120625
determinations of the Ohio Coal Development Office in the 120626
Department of Development until modified or rescinded by that 120627
Office or by the Department of Development in relation to that 120628
Office. If necessary to ensure the integrity of the numbering of 120629
the Administrative Code, the Director of the Legislative Service 120630
Commission shall renumber rules of the Ohio Air Quality 120631
Development Authority in relation to the Ohio Coal Development 120632
Office in the Ohio Air Quality Development Authority to reflect 120633
the transfer to the Department of Development.120634

       (D) Subject to the lay-off provisions of sections 124.321 to 120635
124.328 of the Revised Code, all of the employees of the Ohio Coal 120636
Development Office in the Ohio Air Quality Development Authority 120637
are transferred to the Ohio Coal Development Office in the 120638
Department of Development and retain their positions and all the 120639
benefits accruing thereto.120640

       (E) Whenever the Ohio Coal Development Office in the Ohio Air 120641
Quality Development Office or the Authority in relation to that 120642
Office is referred to in any law, contract, or other document, the 120643
reference shall be deemed to refer to the Ohio Coal Development 120644
Office in the Department of Development or the Director of 120645
Development in relation to that Office, whichever is appropriate 120646
in context.120647

       (F) Any action or proceeding pending on the effective date of 120648
the amendment of the statutes governing the Ohio Coal Development 120649
Office by this act is not affected by the transfer of that Office 120650
and shall be prosecuted or defended in the name of the Department 120651
of Development or the Ohio Coal Development Office in that 120652
Department. In all such actions and proceedings, the Department of 120653
Development or the Ohio Coal Development Office in that 120654
Department, upon application to the court, shall be substituted as 120655
a party.120656

       Section 518.10. GENERAL OBLIGATION DEBT SERVICE PAYMENTS120657

       Certain appropriations are in this act for the purpose of 120658
paying debt service and financing costs on general obligation 120659
bonds or notes of the state issued pursuant to the Ohio 120660
Constitution and acts of the General Assembly. If it is determined 120661
that additional appropriations are necessary for this purpose, 120662
such amounts are hereby appropriated.120663

       Section 518.20. LEASE PAYMENTS TO OPFC, OBA, AND TREASURER OF 120664
STATE120665

       Certain appropriations are in this act for the purpose of 120666
making lease rental payments pursuant to leases and agreements 120667
relating to bonds or notes issued by the Ohio Building Authority 120668
or the Treasurer of State, or previously by the Ohio Public 120669
Facilities Commission, pursuant to the Ohio Constitution and acts 120670
of the General Assembly. If it is determined that additional 120671
appropriations are necessary for this purpose, such amounts are 120672
hereby appropriated.120673

       Section 518.30. AUTHORIZATION FOR TREASURER OF STATE AND OBM 120674
TO EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS120675

       The Office of Budget and Management shall process payments 120676
from general obligation and lease rental payment appropriation 120677
items during the period from July 1, 2011, through June 30, 2013, 120678
relating to bonds or notes issued under Sections 2i, 2k, 2l, 2m, 120679
2n, 2o, 2p, 2q, 2r, and 15 of Article VIII, Ohio Constitution, and 120680
Chapters 151. and 154. of the Revised Code. Payments shall be made 120681
upon certification by the Treasurer of State of the dates and the 120682
amounts due on those dates.120683

       Section 518.40.  AUTHORIZATION FOR OHIO BUILDING AUTHORITY 120684
AND OBM TO EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS120685

       The Office of Budget and Management shall process payments 120686
from lease rental payment appropriation items during the period 120687
from July 1, 2011, through June 30, 2013, pursuant to the lease 120688
agreements entered into relating to bonds or notes issued under 120689
Section 2i of Article VIII, Ohio Constitution, and Chapter 152. of 120690
the Revised Code. Payments shall be made upon certification by the 120691
Ohio Building Authority of the dates and the amounts due on those 120692
dates. 120693

       Section 521.10. STATE AND LOCAL REBATE AUTHORIZATION120694

       There is hereby appropriated, from those funds designated by 120695
or pursuant to the applicable proceedings authorizing the issuance 120696
of state obligations, amounts computed at the time to represent 120697
the portion of investment income to be rebated or amounts in lieu 120698
of or in addition to any rebate amount to be paid to the federal 120699
government in order to maintain the exclusion from gross income 120700
for federal income tax purposes of interest on those state 120701
obligations under section 148(f) of the Internal Revenue Code.120702

       Rebate payments shall be approved and vouchered by the Office 120703
of Budget and Management.120704

       Section 521.20. STATEWIDE INDIRECT COST RECOVERY120705

       Whenever the Director of Budget and Management determines 120706
that an appropriation made to a state agency from a fund of the 120707
state is insufficient to provide for the recovery of statewide 120708
indirect costs under section 126.12 of the Revised Code, the 120709
amount required for such purpose is hereby appropriated from the 120710
available receipts of such fund.120711

       Section 521.30.  TRANSFERS ON BEHALF OF THE STATEWIDE 120712
INDIRECT COST ALLOCATION PLAN120713

       The total transfers made from the General Revenue Fund by the 120714
Director of Budget and Management under this section shall not 120715
exceed the amounts transferred into the General Revenue Fund under 120716
section 126.12 of the Revised Code.120717

       The director of an agency may certify to the Director of 120718
Budget and Management the amount of expenses not allowed to be 120719
included in the Statewide Indirect Cost Allocation Plan under 120720
federal regulations, from any fund included in the Statewide 120721
Indirect Cost Allocation Plan, prepared as required by section 120722
126.12 of the Revised Code.120723

       Upon determining that no alternative source of funding is 120724
available to pay for such expenses, the Director of Budget and 120725
Management may transfer from the General Revenue Fund into the 120726
fund for which the certification is made, up to the amount of the 120727
certification. The director of the agency receiving such funds 120728
shall include, as part of the next budget submission prepared 120729
under section 126.02 of the Revised Code, a request for funding 120730
for such activities from an alternative source such that further 120731
federal disallowances would not be required.120732

       The director of an agency may certify to the Director of 120733
Budget and Management the amount of expenses paid in error from a 120734
fund included in the Statewide Indirect Cost Allocation Plan. The 120735
Director of Budget and Management may transfer cash from the fund 120736
from which the expenditure should have been made into the fund 120737
from which the expenses were erroneously paid, up to the amount of 120738
the certification.120739

       Section 521.30.10.  OGRIP FUNDS TRANSFER TO THE GENERAL 120740
REVENUE FUND120741

       On July 1, 2011, or as soon as possible thereafter, the 120742
Director of Budget and Management may transfer cash in the amount 120743
of $15,072.03 from the Federal Grants OGRIP Fund (Fund 3H60) to 120744
the General Revenue Fund. This amount represents residual funds 120745
from old federal grants for the state's OGRIP program that have 120746
been closed by the federal awarding agency. 120747

       Section 521.30.20. TRANSFER OF FEDERAL FUNDS120748

       On July 1, 2011, or as soon as possible thereafter, the 120749
Director of Environmental Protection shall certify to the Director 120750
of Budget and Management the cash balance in the DOE Monitoring 120751
and Oversight Fund (Fund 3N40). The Director of Budget and 120752
Management shall transfer the certified amount from Fund 3N40 to 120753
the Federally Supported Response Fund (Fund 3F30). Upon completion 120754
of the transfer, Fund 3N40 is abolished. The Director shall cancel 120755
any existing encumbrances against appropriation item 715657, DOE 120756
Monitoring and Oversight, and re-establish them against 120757
appropriation item 715632, Federally Supported Response. The 120758
re-established encumbrance amounts are hereby appropriated.120759

       On July 1, 2011, or as soon as possible thereafter, the 120760
Director of Environmental Protection shall certify to the Director 120761
of Budget and Management the cash balance in the DOD Monitoring 120762
and Oversight Fund (Fund 3K40). The Director of Budget and 120763
Management shall transfer the certified amount from Fund 3K40 to 120764
the Federally Supported Response Fund (Fund 3F30). Upon completion 120765
of the transfer, Fund 3K40 is abolished. The Director shall cancel 120766
any existing encumbrances against appropriation item 715634, DOD 120767
Monitoring and Oversight, and re-establish them against 120768
appropriation item 715632, Federally Supported Response. The 120769
re-established encumbrance amounts are hereby appropriated.120770

       Section 521.40. FEDERAL GOVERNMENT INTEREST REQUIREMENTS120771

       Notwithstanding any provision of law to the contrary, on or 120772
before the first day of September of each fiscal year, the 120773
Director of Budget and Management, in order to reduce the payment 120774
of adjustments to the federal government, as determined by the 120775
plan prepared under division (A) of section 126.12 of the Revised 120776
Code, may designate such funds as the Director considers necessary 120777
to retain their own interest earnings.120778

       Section 521.50. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT120779

       Pursuant to the plan for compliance with the Federal Cash 120780
Management Improvement Act required by section 131.36 of the 120781
Revised Code, the Director of Budget and Management may cancel and 120782
re-establish all or part of encumbrances in like amounts within 120783
the funds identified by the plan. The amounts necessary to 120784
re-establish all or part of encumbrances are hereby appropriated.120785

       Section 521.60. FISCAL STABILIZATION AND RECOVERY120786

        To ensure the level of accountability and transparency 120787
required by federal law, the Director of Budget and Management may 120788
issue guidelines to any agency applying for federal money made 120789
available to this state for fiscal stabilization and recovery 120790
purposes, and may prescribe the process by which agencies are to 120791
comply with any reporting requirements established by the federal 120792
government.120793

       Section 521.70.  OVERSIGHT OF FEDERAL STIMULUS FUNDS120794

       (A) The Office of Internal Auditing within the Office of 120795
Budget and Management shall, in connection with its duties under 120796
sections 126.45 to 126.48 of the Revised Code, monitor and measure 120797
the effectiveness of funds allocated to the state as part of the 120798
federal American Recovery and Reinvestment Act of 2009. As such, 120799
the Office of Internal Auditing shall review how funds allocated 120800
to each state agency are spent. For purposes of this section, 120801
"state agency" has the same meaning as in division (A) of section 120802
126.45 of the Revised Code.120803

       In addition to the reports required under section 126.47 of 120804
the Revised Code, the Office of Internal Auditing shall submit a 120805
report of its findings to the President of the Senate, Minority 120806
Leader of the Senate, Speaker of the House of Representatives, 120807
Minority Leader of the House of Representatives, and the Chairs of 120808
the committees in the Senate and House of Representatives handling 120809
finance and appropriations. The report shall be submitted every 120810
six months at the following intervals:120811

       (1) For the six-month period ending December 31, 2011, not 120812
later than February 1, 2012;120813

       (2) For the six-month period ending June 30, 2012, not later 120814
than August 1, 2012;120815

       (3) For the six-month period ending December 31, 2012, not 120816
later than February 1, 2013;120817

       (4) For the six-month period ending June 30, 2013, not later 120818
than August 1, 2013.120819

       (B) When, as part of its compliance with the federal American 120820
Recovery and Reinvestment Act of 2009 requirements to monitor and 120821
measure the effectiveness of funds for which the state of Ohio is 120822
the prime recipient, and for which reporting authority has not 120823
been delegated to a sub-recipient, the Office of Budget and 120824
Management submits quarterly reports to the federal government, 120825
the Office of Budget and Management shall also submit those 120826
reports to the President of the Senate, Minority Leader of the 120827
Senate, Speaker of the House of Representatives, Minority Leader 120828
of the House of Representatives, and Chairs and ranking members of 120829
the committees in the Senate and House of Representatives handling 120830
finance and appropriations. The Office of Budget and Management 120831
shall continue to submit quarterly reports to the legislature for 120832
the duration of the period in which the state of Ohio is required 120833
to make reports to the federal government concerning Ohio's use of 120834
the federal American Recovery and Reinvestment Act of 2009 funds.120835

       Section 521.80. FEDERAL FUNDS FOR HISTORIC PRESERVATION LOAN 120836
GUARANTEE120837

        (A) As used in this section:120838

       (1) "Approved historic rehabilitation project" means a 120839
rehabilitation of a historic building that the Director of 120840
Development has approved for a rehabilitation tax credit under 120841
section 149.311 of the Revised Code.120842

       (2) "Federal funds" means federal money available to states 120843
under the American Recovery and Reinvestment Act of 2009 or any 120844
other source of federal money available to the states, that may 120845
lawfully be used for the purposes of this section.120846

       (3) "Owner" and "qualified rehabilitation expenditures" have 120847
the same meanings as in section 149.311 of the Revised Code.120848

       (B) There is hereby created in the state treasury the Ohio 120849
Historic Preservation Tax Credit Fund. The fund shall consist of 120850
money obtained by the Director of Development under division (C) 120851
of this section. Money in the fund shall be used to secure and pay 120852
guarantees of loans for approved historic rehabilitation projects 120853
as provided in this section.120854

       (C) The Director of Development may undertake to secure 120855
$75,000,000 of federal funds for crediting to the Ohio Historic 120856
Preservation Tax Credit Fund. If the Director secures such funds, 120857
the Director, for the purpose of creating new jobs or preserving 120858
existing jobs and employment opportunities and improving the 120859
economic welfare of the people of this state, shall enter into 120860
loan guarantee contracts under section 166.06 of the Revised Code 120861
in connection with approved historic rehabilitation projects, 120862
except that the guarantees shall be secured solely by and be 120863
payable solely from the Ohio Historic Preservation Tax Credit 120864
Fund. Money deposited into the Ohio Historic Preservation Tax 120865
Credit Fund shall be prioritized by providing loan guarantees for 120866
approved historic rehabilitation projects from the first funding 120867
round of the Ohio Historic Preservation Tax Credit Program before 120868
being used to provide loan guarantees for approved historic 120869
rehabilitation projects approved in subsequent funding rounds. The 120870
amount of a loan guarantee provided under this section shall not 120871
exceed the amount of the credit to be awarded for the approved 120872
historic rehabilitation project. References to the loan guarantee 120873
fund in divisions (C) and (F) of section 166.06 of the Revised 120874
Code shall be construed as references to the Ohio Historic 120875
Preservation Tax Credit Fund for the purposes of loan guarantees 120876
authorized by this section, except that no transfer shall be made 120877
to the Ohio Historic Preservation Tax Credit Fund from the 120878
facilities establishment fund as may otherwise be required by that 120879
section.120880

       (D) Nothing in this section is a determination by the General 120881
Assembly that federal funds are currently available for the 120882
purposes of this section. Rather, this section evidences a 120883
determination by the General Assembly that public purposes will be 120884
advanced by the use of current or future federal funds for the 120885
purposes of this section.120886

       Section 610.10. That Section 205.10 of Am. Sub. H.B. 114 of 120887
the 129th General Assembly be amended to read as follows:120888

       Sec. 205.10. DPS DEPARTMENT OF PUBLIC SAFETY 120889

State Highway Safety Fund Group 120890

4W40 762321 Operating Expense - BMV $ 80,003,146 $ 82,403,240 120891
4W40 762410 Registrations Supplement $ 28,945,176 $ 29,813,532 120892
5V10 762682 License Plate Contributions $ 2,100,000 $ 2,100,000 120893
7036 761321 Operating Expense - Information and Education $ 7,124,366 $ 7,338,097 120894
7036 761401 Lease Rental Payments $ 9,978,300 $ 2,315,700 120895
7036 764033 Minor Capital Projects $ 1,250,000 $ 1,250,000 120896
7036 764321 Operating Expense - Highway Patrol $ 260,744,934 $ 258,365,903 120897
7036 764605 Motor Carrier Enforcement Expenses $ 2,860,000 $ 2,860,000 120898
8300 761603 Salvage and Exchange - Administration $ 19,469 $ 20,053 120899
8310 761610 Information and Education - Federal $ 422,084 $ 434,746 120900
8310 764610 Patrol - Federal $ 2,209,936 $ 2,276,234 120901
8310 764659 Transportation Enforcement - Federal $ 5,519,333 $ 5,684,913 120902
8310 765610 EMS - Federal $ 532,007 $ 532,007 120903
8310 769610 Food Stamp Trafficking Enforcement - Federal $ 1,546,319 $ 1,546,319 120904
8310 769631 Homeland Security - Federal $ 2,184,000 $ 2,184,000 120905
8320 761612 Traffic Safety - Federal $ 16,577,565 $ 16,577,565 120906
8350 762616 Financial Responsibility Compliance $ 5,457,240 $ 5,549,068 120907
8370 764602 Turnpike Policing $ 11,553,959 $ 11,553,959 120908
8380 764606 Patrol Reimbursement $ 50,000 $ 50,000 120909
83C0 764630 Contraband, Forfeiture, Other $ 622,894 $ 622,894 120910
83F0 764657 Law Enforcement Automated Data System $ 9,053,266 $ 9,053,266 120911
83G0 764633 OMVI Enforcement/Education $ 623,230 $ 641,927 120912
83J0 764693 Highway Patrol Justice Contraband $ 2,100,000 $ 2,100,000 120913
83M0 765624 Operating Expense - Trauma and EMS $ 2,632,106 $ 2,711,069 120914
83N0 761611 Elementary School Seat Belt Program $ 305,600 $ 305,600 120915
83P0 765637 EMS Grants $ 4,106,621 $ 4,229,819 120916
83R0 762639 Local Immobilization Reimbursement $ 450,000 $ 450,000 120917
83T0 764694 Highway Patrol Treasury Contraband $ 21,000 $ 21,000 120918
8400 764607 State Fair Security $ 1,256,655 $ 1,294,354 120919
8400 764617 Security and Investigations $ 6,432,686 $ 6,432,686 120920
8400 764626 State Fairgrounds Police Force $ 849,883 $ 849,883 120921
8400 769632 Homeland Security - Operating $ 737,791 $ 737,791 120922
8410 764603 Salvage and Exchange - Highway Patrol $ 1,339,399 $ 1,339,399 120923
8460 761625 Motorcycle Safety Education $ 3,185,013 $ 3,280,563 120924
8490 762627 Automated Title Processing Board $ 17,316,755 $ 14,335,513 120925
TOTAL HSF State Highway Safety Fund Group $ 490,110,733 $ 481,261,100 120926

General Services Fund Group 120927

4P60 768601 Justice Program Services $ 998,104 $ 1,028,047 120928
4S30 766661 Hilltop Utility Reimbursement $ 540,800 $ 540,800 120929
5ET0 768625 Drug Law Enforcement $ 3,780,000 $ 3,893,400 120930
5Y10 764695 Highway Patrol Continuing Professional Training $ 170,000 $ 170,000 120931
5Y10 767696 Investigative Unit Continuing Professional Training $ 15,000 $ 15,000 120932
TOTAL GSF General Services Fund Group $ 5,503,904 $ 5,647,247 120933

Federal Special Revenue Fund Group 120934

3290 763645 Federal Mitigation Program $ 10,110,332 $ 10,413,642 120935
3370 763609 Federal Disaster Relief $ 27,707,636 $ 27,707,636 120936
3390 763647 Emergency Management Assistance and Training $ 75,664,821 $ 77,934,765 120937
3CB0 768691 Federal Justice Grants - FFY06 $ 200,000 $ 50,000 120938
3CC0 768609 Justice Assistance Grants - FFY07 $ 583,222 $ 310,000 120939
3CD0 768610 Justice Assistance Grants – FFY08 $ 310,000 $ 150,000 120940
3CE0 768611 Justice Assistance Grants – FFY09 $ 865,000 $ 1,200,000 120941
3CV0 768697 Justice Assistance Grants Supplement – FFY08 $ 2,000 $ 0 120942
3DE0 768612 Federal Stimulus - Justice Assistance Grants $ 1,015,000 $ 1,015,000 120943
3DH0 768613 Federal Stimulus - Justice Programs $ 150,000 $ 150,000 120944
3DU0 762628 BMV Grants $ 1,525,000 $ 1,580,000 120945
3EU0 768614 Justice Assistance Grants – FFY10 $ 650,000 $ 920,000 120946
3L50 768604 Justice Program $ 11,400,000 $ 11,400,000 120947
3N50 763644 U.S. Department of Energy Agreement $ 31,672 $ 31,672 120948
TOTAL FED Federal Special Revenue Fund Group $ 130,214,683 $ 132,862,715 120949

State Special Revenue Fund Group 120950

4V30 763662 EMA Service and Reimbursement $ 4,368,369 $ 4,499,420 120951
5390 762614 Motor Vehicle Dealers Board $ 180,000 $ 185,400 120952
5B90 766632 Private Investigator and Security Guard Provider $ 1,562,637 $ 1,562,637 120953
5BK0 768687 Criminal Justice Services - Operating $ 400,000 $ 400,000 120954
5BK0 768689 Family Violence Shelter Programs $ 750,000 $ 750,000 120955
5CM0 767691 Federal Investigative Seizure $ 300,000 $ 300,000 120956
5DS0 769630 Homeland Security $ 1,414,384 $ 1,414,384 120957
5FF0 762621 Indigent Interlock and Alcohol Monitoring $ 2,000,000 $ 2,000,000 120958
5FL0 769634 Investigations $ 899,300 $ 899,300 120959
6220 767615 Investigative Contraband and Forfeiture $ 375,000 $ 375,000 120960
6570 763652 Utility Radiological Safety $ 1,415,945 $ 1,415,945 120961
6810 763653 SARA Title III HAZMAT Planning $ 262,438 $ 262,438 120962
8500 767628 Investigative Unit Salvage $ 90,000 $ 92,700 120963
TOTAL SSR State Special Revenue Fund Group $ 14,018,073 $ 14,157,224 120964

Liquor Control Fund Group 120965

7043 767321 Liquor Enforcement - Operating $ 11,897,178 10,450,000 $ 11,897,178 10,600,000 120966
TOTAL LCF Liquor Control Fund Group $ 11,897,178 10,450,000 $ 11,897,178 10,600,000 120967

Agency Fund Group 120968

5J90 761678 Federal Salvage/GSA $ 1,500,000 $ 1,500,000 120969
TOTAL AGY Agency Fund Group $ 1,500,000 $ 1,500,000 120970

Holding Account Redistribution Fund Group 120971

R024 762619 Unidentified Motor Vehicle Receipts $ 1,885,000 $ 1,885,000 120972
R052 762623 Security Deposits $ 350,000 $ 350,000 120973
TOTAL 090 Holding Account Redistribution Fund Group $ 2,235,000 $ 2,235,000 120974
TOTAL ALL BUDGET FUND GROUPS $ 655,479,571 654,032,393 $ 649,560,464 648,263,286 120975

       MOTOR VEHICLE REGISTRATION 120976

       The Registrar of Motor Vehicles may deposit revenues to meet 120977
the cash needs of the State Bureau of Motor Vehicles Fund (Fund 120978
4W40) established in section 4501.25 of the Revised Code, obtained 120979
under sections 4503.02 and 4504.02 of the Revised Code, less all 120980
other available cash. Revenue deposited pursuant to this paragraph 120981
shall support, in part, appropriations for operating expenses and 120982
defray the cost of manufacturing and distributing license plates 120983
and license plate stickers and enforcing the law relative to the 120984
operation and registration of motor vehicles. Notwithstanding 120985
section 4501.03 of the Revised Code, the revenues shall be paid 120986
into Fund 4W40 before any revenues obtained pursuant to sections 120987
4503.02 and 4504.02 of the Revised Code are paid into any other 120988
fund. The deposit of revenues to meet the aforementioned cash 120989
needs shall be in approximately equal amounts on a monthly basis 120990
or as otherwise determined by the Director of Budget and 120991
Management pursuant to a plan submitted by the Registrar of Motor 120992
Vehicles. 120993

       CAPITAL PROJECTS 120994

       The Registrar of Motor Vehicles may transfer cash from the 120995
State Bureau of Motor Vehicles Fund (Fund 4W40) to the State 120996
Highway Safety Fund (Fund 7036) to meet its obligations for 120997
capital projects CIR-047, Department of Public Safety Office 120998
Building and CIR-049, Warehouse Facility. 120999

       OBA BOND AUTHORITY/LEASE RENTAL PAYMENTS 121000

       The foregoing appropriation item 761401, Lease Rental 121001
Payments, shall be used for payments to the Ohio Building 121002
Authority for the period July 1, 2011, to June 30, 2013, under the 121003
primary leases and agreements for public safety related buildings 121004
financed by obligations issued under Chapter 152. of the Revised 121005
Code. Notwithstanding section 152.24 of the Revised Code, the Ohio 121006
Building Authority may, with approval of the Director of Budget 121007
and Management, lease capital facilities to the Department of 121008
Public Safety. 121009

       HILLTOP TRANSFER 121010

       The Director of Public Safety shall determine, per an 121011
agreement with the Director of Transportation, the share of each 121012
debt service payment made out of appropriation item 761401, Lease 121013
Rental Payments, that relates to the Department of 121014
Transportation's portion of the Hilltop Building Project, and 121015
shall certify to the Director of Budget and Management the amounts 121016
of this share. The Director of Budget and Management shall 121017
transfer the amounts of such shares from the Highway Operating 121018
Fund (Fund 7002) to the State Highway Safety Fund (Fund 7036). 121019

       CASH TRANSFERS TO TRAUMA AND EMERGENCY MEDICAL SERVICES FUND121020

       On July 1, 2011, or as soon as possible thereafter, the 121021
Director of Budget and Management shall transfer the unexpended 121022
and unencumbered cash balance in the Seat Belt Education Fund 121023
(Fund 8440) to the Trauma and Emergency Medical Services Fund 121024
(Fund 83M0). Upon completion of the transfer, Fund 8440 is 121025
abolished. The Director shall cancel any existing encumbrances 121026
against appropriation item 761613, Seat Belt Education Program, 121027
and reestablish them against appropriation item 765624, Operating 121028
Expense - Trauma and EMS. The reestablished encumbrance amounts 121029
are hereby appropriated.121030

       CASH TRANSFERS BETWEEN FUNDS121031

        Notwithstanding any provision of law to the contrary, the 121032
Director of Budget and Management, upon the written request of the 121033
Director of Public Safety, may approve the transfer of cash 121034
between the following six funds: the Trauma and Emergency Medical 121035
Services Fund (Fund 83M0), the Homeland Security Fund (Fund 5DS0), 121036
the Investigations Fund (Fund 5FL0), the Emergency Management 121037
Agency Service and Reimbursement Fund (Fund 4V30), the Justice 121038
Program Services Fund (Fund 4P60), and the State Bureau of Motor 121039
Vehicles Fund (Fund 4W40).121040

       CASH TRANSFERS TO SECURITY, INVESTIGATIONS, AND POLICING FUND121041

       Notwithstanding any provision of law to the contrary, the 121042
Director of Budget and Management, upon the written request of the 121043
Director of Public Safety, may approve the transfer of cash from 121044
the Continuing Professional Training Fund (Fund 5Y10), the State 121045
Highway Patrol Contraband, Forfeiture, and Other Fund (Fund 83C0), 121046
and the Highway Safety Salvage and Exchange Highway Patrol Fund 121047
(Fund 8410) to the Security, Investigations, and Policing Fund 121048
(Fund 8400).121049

        CASH TRANSFERS OF SEAT BELT FINE REVENUES 121050

        Notwithstanding any provision of law to the contrary, the 121051
Controlling Board, upon request of the Director of Public Safety, 121052
may approve the transfer of cash between the following four funds 121053
that receive fine revenues from enforcement of the mandatory seat 121054
belt law: the Trauma and Emergency Medical Services Fund (Fund 121055
83M0), the Elementary School Program Fund (Fund 83N0), and the 121056
Trauma and Emergency Medical Services Grants Fund (Fund 83P0). 121057

       STATE DISASTER RELIEF 121058

       The State Disaster Relief Fund (Fund 5330) may accept 121059
transfers of cash and appropriations from Controlling Board 121060
appropriation items for Ohio Emergency Management Agency disaster 121061
response costs and disaster program management costs, and may also 121062
be used for the following purposes: 121063

       (A) To accept transfers of cash and appropriations from 121064
Controlling Board appropriation items for Ohio Emergency 121065
Management Agency public assistance and mitigation program match 121066
costs to reimburse eligible local governments and private 121067
nonprofit organizations for costs related to disasters; 121068

       (B) To accept and transfer cash to reimburse the costs 121069
associated with Emergency Management Assistance Compact (EMAC) 121070
deployments; 121071

       (C) To accept disaster related reimbursement from federal, 121072
state, and local governments. The Director of Budget and 121073
Management may transfer cash from reimbursements received by this 121074
fund to other funds of the state from which transfers were 121075
originally approved by the Controlling Board. 121076

       (D) To accept transfers of cash and appropriations from 121077
Controlling Board appropriation items to fund the State Disaster 121078
Relief Program, for disasters that have been declared by the 121079
Governor, and the State Individual Assistance Program for 121080
disasters that have been declared by the Governor and the federal 121081
Small Business Administration. The Ohio Emergency Management 121082
Agency shall publish and make available application packets 121083
outlining procedures for the State Disaster Relief Program and the 121084
State Individual Assistance Program.121085

       JUSTICE ASSISTANCE GRANT FUND121086

       The federal payments made to the state for the Byrne Justice 121087
Assistance Grants Program under Title II of Division A of the 121088
American Recovery and Reinvestment Act of 2009 shall be deposited 121089
to the credit of the Justice Assistance Grant Fund (Fund 3DE0), 121090
which is hereby created in the state treasury. All investment 121091
earnings of the fund shall be credited to the fund.121092

        FEDERAL STIMULUS – JUSTICE PROGRAMS121093

        The federal payments made to the state for the Violence 121094
Against Women Formula Grant under Title II of Division A of the 121095
American Recovery and Reinvestment Act of 2009 shall be deposited 121096
to the credit of the Federal Stimulus – Justice Programs Fund 121097
(Fund 3DH0).121098

        TRANSFER FROM STATE FIRE MARSHAL FUND TO EMERGENCY MANAGEMENT 121099
AGENCY SERVICE AND REIMBURSEMENT FUND121100

        On July 1 of each fiscal year, or as soon as possible 121101
thereafter, the Director of Budget and Management shall transfer 121102
$200,000 in cash from the State Fire Marshal Fund (Fund 5460) to 121103
the Emergency Management Agency Service and Reimbursement Fund 121104
(Fund 4V30) to be distributed to the Ohio Task Force One – Urban 121105
Search and Rescue Unit and other urban search and rescue programs 121106
around the state.121107

       FAMILY VIOLENCE PREVENTION FUND 121108

        Notwithstanding any provision of law to the contrary, in each 121109
of fiscal years 2012 and 2013, the first $750,000 received to the 121110
credit of the Family Violence Prevention Fund (Fund 5BK0) shall be 121111
appropriated to appropriation item 768689, Family Violence Shelter 121112
Programs, and the next $400,000 received to the credit of Fund 121113
5BK0 in each of those fiscal years shall be appropriated to 121114
appropriation item 768687, Criminal Justice Services - Operating. 121115
Any moneys received to the credit of Fund 5BK0 in excess of the 121116
aforementioned appropriated amounts in each fiscal year shall, 121117
upon the approval of the Controlling Board, be used to provide 121118
grants to family violence shelters in Ohio. 121119

       SARA TITLE III HAZMAT PLANNING 121120

       The SARA Title III HAZMAT Planning Fund (Fund 6810) is 121121
entitled to receive grant funds from the Emergency Response 121122
Commission to implement the Emergency Management Agency's 121123
responsibilities under Chapter 3750. of the Revised Code. 121124

       COLLECTIVE BARGAINING INCREASES 121125

       Notwithstanding division (D) of section 127.14 and division 121126
(B) of section 131.35 of the Revised Code, except for the General 121127
Revenue Fund, the Controlling Board may, upon the request of 121128
either the Director of Budget and Management, or the Department of 121129
Public Safety with the approval of the Director of Budget and 121130
Management, increase appropriations for any fund, as necessary for 121131
the Department of Public Safety, to assist in paying the costs of 121132
increases in employee compensation that have occurred pursuant to 121133
collective bargaining agreements under Chapter 4117. of the 121134
Revised Code and, for exempt employees, under section 124.152 of 121135
the Revised Code. 121136

       CASH BALANCE FUND REVIEW 121137

       Not later than the first day of April in each fiscal year of 121138
the biennium, the Director of Budget and Management shall review 121139
the cash balances for each fund, except the State Highway Safety 121140
Fund (Fund 7036) and the State Bureau of Motor Vehicles Fund (Fund 121141
4W40), in the State Highway Safety Fund Group, and shall recommend 121142
to the Controlling Board an amount to be transferred to the credit 121143
of Fund 7036 or Fund 4W40, as appropriate. 121144

       Section 610.11. That existing Section 205.10 of Am. Sub. H.B. 121145
114 of the 129th General Assembly is hereby repealed.121146

       Section 620.10. That Section 125.10 of Am. Sub. H.B. 1 of the 121147
128th General Assembly be amended to read as follows:121148

       Sec. 125.10. Sections 5112.40, 5112.41, 5112.42, 5112.43, 121149
5112.44, 5112.45, 5112.46, 5112.47, and 5112.48 of the Revised 121150
Code are hereby repealed, effective October 1, 20112013.121151

       Section 620.11. That existing Section 125.10 of Am. Sub. H.B. 121152
1 of the 128th General Assembly is hereby repealed.121153

       Section 620.12.  The seventh paragraph of Section 812.20 of 121154
Am. Sub. H.B. 1 of the 128th General Assembly, which refers to the 121155
taking effect of a repeal of sections 5112.40 to 5112.48 of the 121156
Revised Code, is repealed.121157

       Section 620.13.  The intent of Sections 620.10 to 620.12 of 121158
this act is to further delay the repeal of sections 5112.40, 121159
5112.41, 5112.42, 5112.43, 5112.44, 5112.45, 5112.46, 5112.47, and 121160
5112.48 of the Revised Code from October 1, 2011, until October 1, 121161
2013.121162

       Section 630.10. That Section 5 of Sub. H.B. 125 of the 127th 121163
General Assembly, as most recently amended by Sub. H.B. 198 of the 121164
128th General Assembly, be amended to read as follows:121165

       Sec. 5. (A) As used in this section and Section 6 of Sub. 121166
H.B. 125 of the 127th General Assembly:121167

       (1) "Most favored nation clause" means a provision in a 121168
health care contract that does any of the following: 121169

       (a) Prohibits, or grants a contracting entity an option to 121170
prohibit, the participating provider from contracting with another 121171
contracting entity to provide health care services at a lower 121172
price than the payment specified in the contract; 121173

       (b) Requires, or grants a contracting entity an option to 121174
require, the participating provider to accept a lower payment in 121175
the event the participating provider agrees to provide health care 121176
services to any other contracting entity at a lower price; 121177

       (c) Requires, or grants a contracting entity an option to 121178
require, termination or renegotiation of the existing health care 121179
contract in the event the participating provider agrees to provide 121180
health care services to any other contracting entity at a lower 121181
price; 121182

       (d) Requires the participating provider to disclose the 121183
participating provider's contractual reimbursement rates with 121184
other contracting entities.121185

       (2) "Contracting entity," "health care contract," "health 121186
care services," "participating provider," and "provider" have the 121187
same meanings as in section 3963.01 of the Revised Code, as 121188
enacted by Sub. H.B. 125 of the 127th General Assembly.121189

       (B) With respect to a contracting entity and a provider other 121190
than a hospital, noNo health care contract that includesshall 121191
contain a most favored nation clause shall be entered into, and no 121192
health care contract at the instance of a contracting entity shall 121193
be amended or renewed to include a most favored nation clause, for 121194
a period of three years after the effective date of Sub. H.B. 125 121195
of the 127th General Assembly. 121196

       (C) With respect to a contracting entity and a hospital, no 121197
health care contract that includes a most favored nation clause 121198
shall be entered into, and no health care contract at the instance 121199
of a contracting entity shall be amended or renewed to include a 121200
most favored nation clause, for a period of three years after the 121201
effective date of Sub. H.B. 125 of the 127th General Assembly, 121202
subject to extension as provided in Section 6 of Sub. H.B. 125 of 121203
the 127th General Assembly.121204

       (D) This section does not apply to and does not prohibit the 121205
continued use of a most favored nation clause in a health care 121206
contract that is between a contracting entity and a hospital and 121207
that is in existence on the effective date of Sub. H.B. 125 of the 121208
127th General Assembly even if the health care contract is 121209
materially amended with respect to any provision of the health 121210
care contract other than the most favored nation clause during the 121211
two-year period specified in this section or during any extended 121212
period of time as provided in Section 6 of Sub. H.B. 125 of the 121213
127th General Assembly. This section applies to such contract if 121214
that contract is amended, or to any extension or renewal of that 121215
contract.121216

       Section 630.11. That existing Section 5 of Sub. H.B. 125 of 121217
the 127th General Assembly, as most recently amended by Sub. H.B. 121218
198 of the 128th General Assembly, is hereby repealed.121219

       Section 630.12. That Section 5 of Sub. H.B. 2 of the 127th 121220
General Assembly is hereby repealed.121221

       Section 690.10. That Section 153 of Am. Sub. H.B. 117 of the 121222
121st General Assembly, as most recently amended by Am. Sub. H.B. 121223
1 of the 128th General Assembly, be amended to read as follows:121224

       Sec. 153.  (A) Sections 5112.01, 5112.03, 5112.04, 5112.05, 121225
5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.18, 121226
5112.19, 5112.21, and 5112.99 of the Revised Code are hereby 121227
repealed, effective October 16, 20112013.121228

       (B) Any money remaining in the Legislative Budget Services 121229
Fund on October 16, 20112013, the date that section 5112.19 of 121230
the Revised Code is repealed by division (A) of this section, 121231
shall be used solely for the purposes stated in then former 121232
section 5112.19 of the Revised Code. When all money in the 121233
Legislative Budget Services Fund has been spent after then former 121234
section 5112.19 of the Revised Code is repealed under division (A) 121235
of this section, the fund shall cease to exist.121236

       Section 690.11. That existing Section 153 of Am. Sub. H.B. 121237
117 of the 121st General Assembly, as most recently amended by Am. 121238
Sub. H.B. 1 of the 128th General Assembly, is hereby repealed.121239

       Section 701.10.  The Department of Administrative Services 121240
shall post on the Department's Internet web site the form for the 121241
contract documents that a public authority contracting for 121242
services with a construction manager at risk or a design-build 121243
firm must use on and after the date of the posting and until the 121244
rules adopted under section 153.502 of the Revised Code are 121245
implemented.121246

       Section 701.20. Not later than July 1, 2012, the Department 121247
of Administrative Services shall submit a report to the General 121248
Assembly, in accordance with section 101.68 of the Revised Code, 121249
on the feasibility of all of the following regarding health care 121250
plans to cover persons employed by political subdivisions, public 121251
school districts, as defined in section 9.901 of the Revised Code, 121252
and state institutions of higher education, as defined in section 121253
3345.011 of the Revised Code: 121254

       (A) Designing multiple health care plans that achieve an 121255
optimal combination of coverage, cost, choice, and stability, 121256
which plans include both state and regional preferred provider 121257
plans, set employee and employer premiums, and set employee plan 121258
copayments, deductibles, exclusions, limitations, formularies, and 121259
other responsibilities;121260

       (B) Maintaining reserves, reinsurance, and other measures to 121261
insure the long-term stability and solvency of the health care 121262
plans; 121263

       (C) Providing appropriate health care information, wellness 121264
programs, and other preventive health care measures to health care 121265
plan beneficiaries;121266

       (D) Coordinating contracts for services related to the health 121267
care plans;121268

       (E) Voluntary and mandatory participation by political 121269
subdivisions, public school districts, and institutions of higher 121270
education;121271

       (F) The potential impacts of any changes to the existing 121272
purchasing structure on existing health care pooling and 121273
consortiums;121274

       (G) Removing barriers to competition and access to health 121275
care pooling.121276

       No action shall be taken regarding health care coverage for 121277
employees of political subdivisions, public school districts, and 121278
state institutions of higher education without the enactment of 121279
law by the General Assembly.121280

       Section 701.30. EXEMPT EMPLOYEE CONSENT TO CERTAIN DUTIES121281

       As used in this section, "appointing authority" has the same 121282
meaning as in section 124.01 of the Revised Code, and "exempt 121283
employee" has the same meaning as in section 124.152 of the 121284
Revised Code.121285

       Notwithstanding section 124.181 of the Revised Code, in cases 121286
where no vacancy exists, an appointing authority may, with the 121287
written consent of an exempt employee, assign duties of a higher 121288
classification to that exempt employee for a period of time not to 121289
exceed two years, and that exempt employee shall receive 121290
compensation at a rate commensurate with the duties of the higher 121291
classification.121292

       Section 701.40. (A)There is hereby created the Ohio Housing 121293
Study Committee with the purpose of formulating a comprehensive 121294
review of the policies and results of the Ohio Housing Finance 121295
Agency, its programs and its working relationships with its 121296
for-profit and not-for-profit partners to ensure that all Agency 121297
programs are evaluated by an objective process to ensure all 121298
Ohioans receive the benefits afforded to them through the 121299
authority of the Agency.121300

       (B) The Committee shall do all of the following:121301

       (1) Perform a comprehensive review of Chapter 175. of the 121302
Revised Code to determine the relevance of the chapter and 121303
determine whether it should be formally reviewed or amended by the 121304
General Assembly, up to and including appropriate legislative 121305
oversight and accountability;121306

       (2) Review the Agency's relationships with all of its 121307
for-profit and not-for-profit partners to ensure an equitable and 121308
level playing field regarding its single- and multi-family housing 121309
programs;121310

       (3) Review the Agency's policy leadership and the economic 121311
impact of its Single Family Mortgage Revenue Bond Program;121312

       (4) Review the Agency's Qualified Allocation Plan development 121313
process and underlying policy to understand the policy basis for 121314
its annual creation and ratification by the Board of Directors;121315

       (5) Create a quantitative report measuring the economic 121316
benefits of the Agency's single- and multi-family programming over 121317
the last ten years;121318

       (6) Evaluate the possible efficiencies of combining existing 121319
Ohio Department of Development housing-related programming with 121320
those of the Agency.121321

       The Director of Commerce may include other relevant areas of 121322
study as necessary.121323

       (C) The Committee shall commence on the effective date of 121324
this act and shall provide a report expressing its findings to the 121325
Governor, the Speaker of the House of Representatives, and the 121326
President of the Senate on or before January 1, 2012. 121327

       (D) The Director of Commerce shall serve as the Committee's 121328
chairperson. The Committee shall be comprised of the Director and 121329
two members of the General Assembly. One member shall be appointed 121330
by the Speaker of the House of Representatives and one member 121331
shall be appointed by the President of the Senate.121332

       (E) The Committee shall meet at the discretion of the 121333
Director of Commerce.121334

       Section 701.50. (A) Except as otherwise provided in section 121335
154.24 or 154.25 of the Revised Code, as enacted by this act, with 121336
respect to the functions of the Ohio Public Facilities Commission, 121337
the Treasurer of State shall, on the effective date of this 121338
section and as provided for in this section, supersede and replace 121339
the Ohio Building Authority (referred to in this section as the 121340
"Authority") as the issuing authority in all matters relating to 121341
the issuance of obligations for the financing of capital 121342
facilities for housing branches and agencies of state government 121343
as provided for in section 154.24 of the Revised Code or for 121344
community or technical colleges as provided for in section 154.25 121345
of the Revised Code (together referred to in this section as 121346
"facilities for capital purposes"), as enacted by this act (all 121347
referred to in this section as "superseded matters").121348

       (B)(1) With respect to superseded matters and facilities for 121349
capital purposes, the Treasurer of State shall:121350

       (a) Succeed to and have and perform all of the duties, 121351
powers, obligations, and functions of the Authority and its 121352
members and officers provided for by law or rule relating to the 121353
issuance of bonds, notes, or other obligations for the purpose of 121354
paying costs of facilities for capital purposes;121355

       (b) Succeed to and have and perform all of the duties, 121356
powers, obligations, and functions, and have all of the rights of, 121357
the Authority and its members and officers provided for in or 121358
pursuant to resolutions, rules, agreements, trust agreements, and 121359
supplemental trust agreements (all referred to collectively in 121360
this section as "basic instruments"), and bonds, notes, and other 121361
obligations (all referred to collectively in this section as 121362
"financing obligations"), previously authorized, entered into, or 121363
issued by the Authority for facilities for capital purposes, which 121364
financing obligations shall be, or shall be deemed to be, 121365
obligations issued by and of the Treasurer of State; and121366

       (c) Be bound by all agreements and covenants of the 121367
Authority, and basic instruments, relating to financing 121368
obligations.121369

       (2) The transfer of superseded matters to the Treasurer of 121370
State pursuant to this section does not affect the validity of any 121371
agreement or covenant, basic instrument, or financing obligation, 121372
or any related document, authorized, entered into, or issued by 121373
the Authority under Chapter 152. of the Revised Code or other 121374
laws, and nothing in this section shall be applied or considered 121375
as impairing the obligations or rights under them.121376

       (3) The Treasurer of State shall not issue any additional 121377
financing obligations pursuant to any basic instrument of the 121378
Authority, including financing obligations to refund financing 121379
obligations previously issued by the Authority.121380

       (C) With respect to proceedings relating to superseded 121381
matters affected by this section:121382

       (1) This section applies to any proceedings that are 121383
commenced after the effective date of this section, and to any 121384
proceedings that are pending, in progress, or completed on that 121385
date, notwithstanding the applicable law previously in effect or 121386
any provision to the contrary in a prior basic instrument, notice, 121387
or other proceeding.121388

       (2) Any proceedings of the Authority that are pending on the 121389
effective date of this section shall be pursued and completed by 121390
and in the name of the Treasurer of State, and any financing 121391
obligations that are sold, issued, and delivered pursuant to those 121392
proceedings shall be deemed to have been authorized, sold, issued, 121393
and delivered in conformity with this section.121394

       (3) Notwithstanding divisions (C)(1) and (2) of this section, 121395
the Authority may, subsequent to the effective date of this 121396
section, meet for the purpose of better accomplishing the transfer 121397
of superseded matters. At any such meeting the Authority may take 121398
necessary or appropriate actions to effect an orderly transition 121399
relating to the issuance of financing obligations, such that all 121400
duties, powers, obligations, and functions of the Authority and 121401
its members and officers with respect to the superseded matters or 121402
under any leases and agreements between the Authority and a state 121403
agency for facilities for capital purposes shall terminate and be 121404
of no further force and effect as to the Authority.121405

       (D) The Authority and the Treasurer of State shall prepare 121406
any necessary amendments of or supplements to documents or basic 121407
instruments pertaining to the duties, powers, obligations, 121408
functions, and rights relating to superseded matters to which the 121409
Treasurer of State succeeds pursuant to this section. The 121410
authorization by the Authority in its basic instruments relating 121411
to superseded matters for its officers to act in any manner on 121412
behalf of the Authority shall, on and after the effective date of 121413
this section, be authorization for the Treasurer of State, or the 121414
Treasurer of State's staff or employees to whom the Treasurer of 121415
State may delegate the function, to act in the circumstances, 121416
without necessity for amendment of or supplement to any such 121417
documents or basic instruments.121418

       (E) No pending judicial or administrative action or 121419
proceeding in which the Authority, or its members or officers as 121420
such, are a party that pertains to superseded matters shall be 121421
affected by their transfer, but shall be prosecuted or defended in 121422
the name of the Treasurer of State and in any such action or 121423
proceeding the Treasurer of State, upon application to the court, 121424
shall be substituted as a party.121425

       (F) In connection with the duties, powers, obligations, 121426
functions, and rights relating to superseded matters and provided 121427
for in this section, on the effective date of this section:121428

       (1) Copies of all basic instruments, documents, books, 121429
papers, and records of the Authority shall be transferred to the 121430
Treasurer of State upon request, without necessity for assignment, 121431
conveyance, or other action by the Authority.121432

       (2) All appropriations previously made to or for the 121433
Authority for the purposes of the performance of the duties, 121434
powers, obligations, functions, and exercise of rights relating to 121435
superseded matters, to the extent of remaining unexpended or 121436
unencumbered balances, are hereby transferred to and made 121437
available for use and expenditure by the Treasurer of State for 121438
performing the same duties, powers, obligations, and functions and 121439
exercising the same rights for which originally appropriated, and 121440
payments for administrative expenses previously incurred in 121441
connection with them shall be made from the applicable 121442
administrative service fund on vouchers approved by the Treasurer 121443
of State.121444

       (3) All leases and agreements between the Authority and a 121445
state agency for facilities for capital purposes made under 121446
Chapter 152. of the Revised Code shall, and shall be considered 121447
to, continue to bind that state agency. Nothing in this act shall 121448
be considered as impairing the obligations of any state agency 121449
under those leases and agreements. 121450

       (4) Any lease, grant, or conveyance made to the Authority 121451
pursuant to section 152.06 of the Revised Code shall be, and shall 121452
be deemed to be, made to the Ohio Public Facilities Commission 121453
pursuant to section 154.16 of the Revised Code, and the Ohio 121454
Public Facilities Commission shall succeed to and have and perform 121455
all of the duties, powers, obligations, and functions, and have 121456
all of the rights, of the Authority and its members and officers 121457
provided for in or pursuant to that lease, grant, or conveyance.121458

       (G) Whenever the Authority, or any of its members or 121459
officers, is referred to in any contract or other document 121460
relating to those outstanding financing obligations, the reference 121461
shall be considered to be, as applicable, to the Ohio Public 121462
Facilities Commission or its appropriate officers or to the 121463
Treasurer of State or the appropriate staff of the Treasurer of 121464
State.121465

       Section 715.10. (A) The Ohio Soil and Water Conservation 121466
Commission that is created in section 1515.02 of the Revised Code 121467
shall establish a Conservation Program Delivery Task Force to 121468
provide recommendations to the Director of Natural Resources 121469
regarding how soil and water conservation districts established 121470
under section 1515.03 of the Revised Code may advance effective 121471
and efficient operations while continuing to provide local program 121472
leadership. The Task Force shall examine methods for improving 121473
services and removing impediments to organizational management and 121474
explore opportunities for sharing services across all levels of 121475
government.121476

       (B) The chairperson of the Commission in consultation with 121477
the Director shall appoint no more than nine members to the Task 121478
Force. The Task Force shall include members of the boards of 121479
supervisors of soil and water conservation districts and other 121480
individuals who represent diverse geographic areas of the state 121481
and may include members from the Ohio Federation of Soil and Water 121482
Conservation Districts, the Natural Resources Conservation Service 121483
in the United States Department of Agriculture, the County 121484
Commissioners' Association of Ohio, the Ohio Municipal League, and 121485
the Ohio Township Association. The Task Force may consult with 121486
those organizations and agencies.121487

        (C) The chairperson of the Commission or another member of 121488
the Commission who is designated by the chairperson shall serve as 121489
chairperson of the Task Force.121490

        (D) Members appointed to the Task Force shall serve without 121491
compensation and shall not be reimbursed for expenses. The 121492
Division of Soil and Water Resources shall provide technical and 121493
administrative support as needed by the Task Force.121494

        (E) The Task Force shall hold its first meeting no later than 121495
September 1, 2011, and shall submit a final report of 121496
recommendations to the Director and the Commission no later than 121497
December 31, 2011. Upon submission of the final report, the Task 121498
Force shall cease to exist.121499

       Section 733.10.  (A) The Department of Education shall 121500
conduct and publicize a second Educational Choice Scholarship 121501
application period for the 2011-2012 school year to award for that 121502
year scholarships newly authorized by sections 3310.02 and 3310.03 121503
of the Revised Code, as amended by this act. The second 121504
application period shall commence on the effective date of this 121505
section and shall end at the close of business on the first 121506
business day that is at least sixty days after the effective date 121507
of this section.121508

       (B) Not later than ten days after the effective date of this 121509
section, the Department shall do both of the following:121510

       (1) Mail, to each person who applied for a scholarship during 121511
the first application period for the 2011-2012 school year but did 121512
not receive a scholarship, a notice announcing the second 121513
application period, the opportunity to re-apply, and the 121514
application deadline;121515

       (2) Post prominently on its web site a list of school 121516
district-operated buildings that meet both of the following 121517
criteria:121518

       (a) For at least two of the three school years from 2007-2008 121519
through 2009-2010, ranked in the lowest ten per cent of school 121520
buildings according to performance index score reported under 121521
section 3302.03 of the Revised Code;121522

       (b) Were not declared to be excellent or effective under that 121523
section for the 2009-2010 school year.121524

       (C) The Department shall award scholarships for the 2011-2012 121525
school year from applications submitted during the second 121526
application period according to the order of priority listed in 121527
division (B) of section 3310.02 of the Revised Code, as amended by 121528
this act. The Department shall base its award determinations on 121529
the applicant students' status during the 2010-2011 school year.121530

        (D) Notwithstanding any provision of sections 3310.01 to 121531
3310.17 of the Revised Code, any rule of the State Board of 121532
Education, or any policy of the Department to the contrary, the 121533
Department shall not deny a scholarship to a student for whom an 121534
application is submitted during the second application period 121535
solely because the student already has been admitted to a 121536
chartered nonpublic school for the 2011-2012 school year, if both 121537
of the following apply:121538

       (1) A timely application was submitted on the student's 121539
behalf during the first application period for the 2011-2012 121540
school year and the student was denied a scholarship solely 121541
because the number of applications exceeded the number of 121542
available scholarships.121543

       (2) The student either:121544

       (a) Was enrolled, through the final day of scheduled classes 121545
for the 2010-2011 school year, in the district school or community 121546
school indicated on the student's first application for the 121547
2011-2012 school year; 121548

       (b) Is eligible to enroll in kindergarten for the 2011-2012 121549
school year and was not enrolled in kindergarten in a nonpublic 121550
school in the 2010-2011 school year.121551

        (E) As used in this section, "enrolled" has the same meaning 121552
as in division (E) of section 3317.03 of the Revised Code.121553

       Section 737.30.  (A) The Manufactured Homes Commission shall 121554
adopt the rules required by section 4781.26 of the Revised Code as 121555
amended by this act not later than December 1, 2011. After 121556
adopting the rules, the Commission immediately shall notify the 121557
Director of Health.121558

       (B)(1) The rules governing manufactured home parks adopted by 121559
the Public Health Council under former section 3733.02 of the 121560
Revised Code as amended by this act shall remain in effect in a 121561
health district until the Commission adopts rules under section 121562
4781.26 of the Revised Code as amended by this act.121563

       (2) On the effective date of the rules adopted by the 121564
Commission as required by section 4781.26 of the Revised Code as 121565
amended by this act, the Public Health Council rules adopted under 121566
former section 3733.02 of the Revised Code as amended by this act 121567
cease to be effective within the jurisdiction of that board of 121568
health.121569

       (C) No board of health of a city or general health district 121570
shall invoice or collect manufactured home park licensing fees for 121571
calendar year 2012.121572

       (D) As used in this section:121573

       (1) "Manufactured home park," "board of health," and "health 121574
district" have the same meanings as in section 3733.01 of the 121575
Revised Code.121576

        (2) "Public Health Council" means the Public Health Council 121577
created by section 3701.33 of the Revised Code.121578

       Any manufactured home park license and inspection fees 121579
collected pursuant to section 3733.04 of the Revised Code by a 121580
board of health prior to the transition of the annual license and 121581
inspection program to the Manufactured Homes Commission as 121582
required under this act in the amount of two thousand dollars or 121583
less may be transferred to the health fund of the city or general 121584
health district. Any of those funds in excess of two thousand 121585
dollars shall be transferred to the Manufactured Homes Commission 121586
and deposited in the Manufactured Homes Commission Regulatory Fund 121587
created in section 4781.54 of the Revised Code as enacted by this 121588
act.121589

       Section 747.20. Notwithstanding the original term of the 121590
appointment, the term of the Manufactured Homes Commission member 121591
who was appointed by the Governor as a representative of the 121592
Department of Health pursuant to division (B)(2)(b) of section 121593
4781.02 of the Revised Code shall end on the effective date of 121594
that section as amended by this act. The initial term of the 121595
registered sanitarian appointed to the Manufactured Homes 121596
Commission pursuant to section 4781.02 of the Revised Code, as 121597
amended by this act, shall expire on the date when the 121598
representative of the Department of Health's term would have 121599
expired, but for this section.121600

       Section 753.10.  (A) As used in this section, "contractor" 121601
and "facility" have the same meanings as in section 9.06 of the 121602
Revised Code, as amended by Sections 101.01 and 101.02 of this 121603
act.121604

       (B)(1) The Director of Administrative Services and the 121605
Director of Rehabilitation and Correction are hereby authorized to 121606
award one or more contracts through requests for proposals for the 121607
operation and management by a contractor of one or more of the 121608
facilities described in divisions (C) to (G) of this section, 121609
pursuant to section 9.06 of the Revised Code, and for the transfer 121610
of the state's right, title, and interest in the real property on 121611
which the facility is situated and any surrounding land as 121612
described in those divisions.121613

       (2) If the Director of Administrative Services and the 121614
Director of Rehabilitation and Correction award a contract of the 121615
type described in division (B)(1) of this section to a contractor 121616
regarding a facility described in division (C), (D), (E), (F), or 121617
(G) of this section, in addition to the requirements, statements, 121618
and authorizations that must be included in the contract pursuant 121619
to division (B) of section 9.06 of the Revised Code, the contract 121620
shall include all of the following regarding the facility that is 121621
the subject of the contract:121622

       (a) An agreement for the sale to the contractor of the 121623
state's right, title, and interest in the facility, the land 121624
situated thereon, and specified surrounding land;121625

       (b) A requirement that the contractor provide preferential 121626
hiring treatment to employees of the Department of Rehabilitation 121627
and Correction in order to retain staff displaced as a result of 121628
the transition of the operation and management of the facility and 121629
to meet the administrative, programmatic, maintenance, and 121630
security needs of the facility; 121631

       (c) Notwithstanding any provision of the Revised Code, 121632
authorization for the transfer to the contractor of any supplies, 121633
equipment, furnishings, fixtures, or other assets considered 121634
necessary by the Director of Rehabilitation and Correction and the 121635
Director of Administrative Services for the continued operation 121636
and management of the facility.121637

       (3)(a) If the Director of Administrative Services and the 121638
Director of Rehabilitation and Correction award a contract of the 121639
type described in division (B)(1) of this section to a contractor 121640
regarding a facility described in division (C), (D), (E), (F), or 121641
(G) of this section, notwithstanding any provision of the Revised 121642
Code and subject to division (B)(3)(b) of this section, the state 121643
may transfer to the contractor in accordance with the contract any 121644
supplies, equipment, furnishings, fixtures, or other assets 121645
considered necessary by the Director of Rehabilitation and 121646
Correction and the Director of Administrative Services for the 121647
continued operation and management of the facility. For purposes 121648
of this paragraph and the transfer authorized under this 121649
paragraph, any such supplies, equipment, furnishings, fixtures, or 121650
other assets shall not be considered supplies, excess supplies, or 121651
surplus supplies as defined in section 125.12 of the Revised Code 121652
and may be disposed of as part of the transfer of the facility to 121653
the contractor.121654

       (b) If the Director of Administrative Services and the 121655
Director of Rehabilitation and Correction award a contract of the 121656
type described in division (B)(1) of this section to a contractor 121657
regarding the facility described in division (D) of this section, 121658
the Director of Rehabilitation and Correction may transfer to 121659
another state correctional institution to be determined by the 121660
Director of Rehabilitation and Correction the Braille printing 121661
press and related accessories located at the facility described in 121662
division (D) of this section and all programs associated with the 121663
Braille printing press.121664

       (4) Nothing in divisions (B)(1) to (3) or divisions (C) to 121665
(G) of this section restricts the department of rehabilitation and 121666
correction from contracting for only the private operation and 121667
management of any of the facilities described in divisions (C) to 121668
(G) of this section.121669

       (C)(1) As used in division (C) of this section, "grantee" 121670
means an entity that has contracted under section 9.06 of the 121671
Revised Code to privately operate the Lake Erie Correctional 121672
Facility, if the contract includes the clauses described in 121673
division (B)(2) of this section for the purchase of that Facility.121674

       (2) The Governor is authorized to execute a deed in the name 121675
of the state conveying to the grantee, its successors and assigns, 121676
all of the right, title, and interest of the state in the Lake 121677
Erie Correctional Facility, in the City of Conneaut, County of 121678
Ashtabula, State of Ohio, the land situated thereon, and any 121679
surrounding land, which totals approximately 119 acres.121680

       In preparing the deed, the Auditor of State, with the 121681
assistance of the Attorney General, shall develop a legal 121682
description of the property in conformity with the actual bounds 121683
of the real estate.121684

       (3) Consideration for conveyance of the real estate shall be 121685
set forth in the contract awarded to the grantee and shall be paid 121686
in accordance with the terms of the contract.121687

       (4)(a) The deed may contain any restriction that the Director 121688
of Administrative Services and the Director of Rehabilitation and 121689
Correction determine is reasonably necessary to protect the 121690
state's interest in neighboring state-owned land.121691

       (b) The deed also shall contain restrictions prohibiting the 121692
grantee from using, developing, or selling the real estate, or the 121693
correctional facility thereon, except in conformance with the 121694
restriction, or if the use, development, or sale will interfere 121695
with the quiet enjoyment of the neighboring state-owned land.121696

       (5) The real estate shall be sold as an entire tract and not 121697
in parcels.121698

       (6) Upon payment of the purchase price as set forth in the 121699
contract awarded to the grantee, the Auditor of State, with the 121700
assistance of the Attorney General, shall prepare a deed to the 121701
real estate. The deed shall state the consideration and 121702
restrictions and shall be executed by the Governor in the name of 121703
the state, countersigned by the Secretary of State, sealed with 121704
the Great Seal of the State, presented in the Office of the 121705
Auditor of State for recording, and delivered to the grantee. The 121706
grantee shall present the deed for recording in the Office of the 121707
Ashtabula County Recorder.121708

       (7) The grantee shall pay all costs associated with the 121709
purchase and conveyance of the real estate, including recordation 121710
costs of the deed.121711

       (8) The proceeds of the conveyance of the real estate shall 121712
be deposited into the state treasury to the credit of the Adult 121713
and Juvenile Correctional Facilities Bond Retirement Fund and 121714
shall be used to redeem or defease bonds in accordance with 121715
section 5120.092 of the Revised Code, and any remaining moneys 121716
after such redemption or defeasance shall be transferred in 121717
accordance with that section to the General Revenue Fund.121718

       (9) Division (C) of this section does not restrict the 121719
Department of Rehabilitation and Correction from contracting, not 121720
for the sale of, but only for the private operation and management 121721
of the Lake Erie Correctional Facility.121722

       (10) Division (C) of this section expires two years after its 121723
effective date.121724

       (D)(1) As used in division (D) of this section, "grantee" 121725
means an entity that has contracted under section 9.06 of the 121726
Revised Code to privately operate the Grafton Correctional 121727
Institution, if the contract includes the clauses described in 121728
division (B)(2) of this section for the purchase of that 121729
Institution.121730

       (2) The Governor is authorized to execute a deed in the name 121731
of the state conveying to the grantee, its successors and assigns, 121732
all of the right, title, and interest of the state in the Grafton 121733
Correctional Institution, in the City of Grafton, County of 121734
Lorain, State of Ohio, the land situated thereon, and any 121735
surrounding land, which totals approximately 148 acres.121736

       In preparing the deed, the Auditor of State, with the 121737
assistance of the Attorney General, shall develop a legal 121738
description of the property in conformity with the actual bounds 121739
of the real estate.121740

       (3) Consideration for conveyance of the real estate shall be 121741
set forth in the contract awarded to the grantee and shall be paid 121742
in accordance with the terms of the contract.121743

       (4)(a) The deed may contain any restriction that the Director 121744
of Administrative Services and the Director of Rehabilitation and 121745
Correction determine is reasonably necessary to protect the 121746
state's interest in neighboring state-owned land.121747

       (b) The deed also shall contain restrictions prohibiting the 121748
grantee from using, developing, or selling the real estate, or the 121749
correctional facility thereon, except in conformance with the 121750
restriction, or if the use, development, or sale will interfere 121751
with the quiet enjoyment of the neighboring state-owned land.121752

       (5) The real estate shall be sold as an entire tract and not 121753
in parcels.121754

       (6) Upon payment of the purchase price as set forth in the 121755
contract awarded to the grantee, the Auditor of State, with the 121756
assistance of the Attorney General, shall prepare a deed to the 121757
real estate. The deed shall state the consideration and 121758
restrictions and shall be executed by the Governor in the name of 121759
the state, countersigned by the Secretary of State, sealed with 121760
the Great Seal of the State, presented in the Office of the 121761
Auditor of State for recording, and delivered to the grantee. The 121762
grantee shall present the deed for recording in the Office of the 121763
Lorain County Recorder.121764

       (7) The grantee shall pay all costs associated with the 121765
purchase and conveyance of the real estate, including recordation 121766
costs of the deed.121767

       (8) The proceeds of the conveyance of the real estate shall 121768
be deposited into the state treasury to the credit of the Adult 121769
and Juvenile Correctional Facilities Bond Retirement Fund and 121770
shall be used to redeem or defease bonds in accordance with 121771
section 5120.092 of the Revised Code, and any remaining moneys 121772
after such redemption or defeasance shall be transferred in 121773
accordance with that section to the General Revenue Fund.121774

       (9) Division (D) of this section does not restrict the 121775
Department of Rehabilitation and Correction from contracting, not 121776
for the sale of, but only for the private operation and management 121777
of the Grafton Correctional Institution.121778

       (10) Division (D) of this section expires two years after its 121779
effective date.121780

        (E)(1) As used in division (E) of this section, "grantee" 121781
means an entity that has contracted under section 9.06 of the 121782
Revised Code to privately operate the North Coast Correctional 121783
Treatment Facility, if the contract includes the clauses described 121784
in division (B)(2) of this section for the purchase of that 121785
Facility.121786

       (2) The Governor is authorized to execute a deed in the name 121787
of the state conveying to the grantee, its successors and assigns, 121788
all of the right, title, and interest of the state in the North 121789
Coast Correctional Treatment Facility, in the City of Grafton, 121790
County of Lorain, State of Ohio, the land situated thereon, and 121791
any surrounding land, which totals approximately 171 acres.121792

       In preparing the deed, the Auditor of State, with the 121793
assistance of the Attorney General, shall develop a legal 121794
description of the property in conformity with the actual bounds 121795
of the real estate.121796

       (3) Consideration for conveyance of the real estate shall be 121797
set forth in the contract awarded to the grantee and shall be paid 121798
in accordance with the terms of the contract.121799

       (4)(a) The deed may contain any restriction that the Director 121800
of Administrative Services and the Director of Rehabilitation and 121801
Correction determine is reasonably necessary to protect the 121802
state's interest in neighboring state-owned land.121803

       (b) The deed also shall contain restrictions prohibiting the 121804
grantee from using, developing, or selling the real estate, or the 121805
correctional facility thereon, except in conformance with the 121806
restriction, or if the use, development, or sale will interfere 121807
with the quiet enjoyment of the neighboring state-owned land.121808

       (5) The real estate shall be sold as an entire tract and not 121809
in parcels.121810

       (6) Upon payment of the purchase price as set forth in the 121811
contract awarded to the grantee, the Auditor of State, with the 121812
assistance of the Attorney General, shall prepare a deed to the 121813
real estate. The deed shall state the consideration and 121814
restrictions and shall be executed by the Governor in the name of 121815
the state, countersigned by the Secretary of State, sealed with 121816
the Great Seal of the State, presented in the Office of the 121817
Auditor of State for recording, and delivered to the grantee. The 121818
grantee shall present the deed for recording in the Office of the 121819
Lorain County Recorder.121820

       (7) The grantee shall pay all costs associated with the 121821
purchase and conveyance of the real estate, including recordation 121822
costs of the deed.121823

       (8) The proceeds of the conveyance of the real estate shall 121824
be deposited into the state treasury to the credit of the Adult 121825
and Juvenile Correctional Facilities Bond Retirement Fund and 121826
shall be used to redeem or defease bonds in accordance with 121827
section 5120.092 of the Revised Code, and any remaining moneys 121828
after such redemption or defeasance shall be transferred in 121829
accordance with that section to the General Revenue Fund.121830

       (9) Division (E) of this section does not restrict the 121831
Department of Rehabilitation and Correction from contracting, not 121832
for the sale of, but only for the private operation and management 121833
of the North Coast Correctional Treatment Facility.121834

       (10) Division (E) of this section expires two years after its 121835
effective date.121836

        (F)(1) As used in division (F) of this section, "grantee" 121837
means an entity that has contracted under section 9.06 of the 121838
Revised Code to privately operate the North Central Correctional 121839
Institution, if the contract includes the clauses described in 121840
division (B)(2) of this section for the purchase of that 121841
Institution.121842

       (2) The Governor is authorized to execute a deed in the name 121843
of the state conveying to the grantee, its successors and assigns, 121844
all of the right, title, and interest of the state in the North 121845
Central Correctional Institution, in the City of Marion, County of 121846
Marion, State of Ohio, the land situated thereon, and any 121847
surrounding land, which totals approximately 152 acres.121848

       In preparing the deed, the Auditor of State, with the 121849
assistance of the Attorney General, shall develop a legal 121850
description of the property in conformity with the actual bounds 121851
of the real estate.121852

       (3) Consideration for conveyance of the real estate shall be 121853
set forth in the contract awarded to the grantee and shall be paid 121854
in accordance with the terms of the contract.121855

       (4)(a) The deed may contain any restriction that the Director 121856
of Administrative Services and the Director of Rehabilitation and 121857
Correction determine is reasonably necessary to protect the 121858
state's interest in neighboring state-owned land.121859

       (b) The deed also shall contain restrictions prohibiting the 121860
grantee from using, developing, or selling the real estate, or the 121861
correctional facility thereon, except in conformance with the 121862
restriction, or if the use, development, or sale will interfere 121863
with the quiet enjoyment of the neighboring state-owned land.121864

       (5) The real estate shall be sold as an entire tract and not 121865
in parcels.121866

       (6) Upon payment of the purchase price as set forth in the 121867
contract awarded to the grantee, the Auditor of State, with the 121868
assistance of the Attorney General, shall prepare a deed to the 121869
real estate. The deed shall state the consideration and 121870
restrictions and shall be executed by the Governor in the name of 121871
the state, countersigned by the Secretary of State, sealed with 121872
the Great Seal of the State, presented in the Office of the 121873
Auditor of State for recording, and delivered to the grantee. The 121874
grantee shall present the deed for recording in the Office of the 121875
Marion County Recorder.121876

       (7) The grantee shall pay all costs associated with the 121877
purchase and conveyance of the real estate, including recordation 121878
costs of the deed.121879

       (8) The proceeds of the conveyance of the real estate shall 121880
be deposited into the state treasury to the credit of the Adult 121881
and Juvenile Correctional Facilities Bond Retirement Fund and 121882
shall be used to redeem or defease bonds in accordance with 121883
section 5120.092 of the Revised Code, and any remaining moneys 121884
after such redemption or defeasance shall be transferred in 121885
accordance with that section to the General Revenue Fund.121886

       (9) Division (F) of this section does not restrict the 121887
Department of Rehabilitation and Correction from contracting, not 121888
for the sale of, but only for the private operation and management 121889
of the North Central Correctional Institution.121890

       (10) Division (F) of this section expires two years after its 121891
effective date.121892

        (G)(1)(a) As used in division (G) of this section, "grantee" 121893
means an entity that has contracted under section 9.06 of the 121894
Revised Code to privately operate a facility at the North Central 121895
Correctional Institution Camp, if the contract includes the 121896
clauses described in division (B)(2) of this section for the 121897
purchase of that facility.121898

       (b) Jurisdiction of the facility described in division 121899
(G)(1)(a) of this section, which is a vacated facility previously 121900
operated by the Department of Youth Services adjacent to the North 121901
Central Correctional Institution, is hereby transferred from the 121902
Department of Youth Services to the Department of Rehabilitation 121903
and Correction. The transfer of jurisdiction of that facility is 121904
hereby ratified and approved.121905

       (2) The Governor is authorized to execute a deed in the name 121906
of the state conveying to the grantee, its successors and assigns, 121907
all of the right, title, and interest of the state in the North 121908
Central Correctional Institution Camp, in the City of Marion, 121909
County of Marion, State of Ohio, the land situated thereon, and 121910
any surrounding land, which totals approximately 106 acres.121911

       In preparing the deed, the Auditor of State, with the 121912
assistance of the Attorney General, shall develop a legal 121913
description of the property in conformity with the actual bounds 121914
of the real estate.121915

       (3) Consideration for conveyance of the real estate shall be 121916
set forth in the contract awarded to the grantee and shall be paid 121917
in accordance with the terms of the contract.121918

       (4)(a) The deed may contain any restriction that the Director 121919
of Administrative Services and the Director of Rehabilitation and 121920
Correction determine is reasonably necessary to protect the 121921
state's interest in neighboring state-owned land.121922

       (b) The deed also shall contain restrictions prohibiting the 121923
grantee from using, developing, or selling the real estate, or the 121924
correctional facility thereon, except in conformance with the 121925
restriction, or if the use, development, or sale will interfere 121926
with the quiet enjoyment of the neighboring state-owned land.121927

       (5) The real estate shall be sold as an entire tract and not 121928
in parcels.121929

       (6) Upon payment of the purchase price as set forth in the 121930
contract awarded to the grantee, the Auditor of State, with the 121931
assistance of the Attorney General, shall prepare a deed to the 121932
real estate. The deed shall state the consideration and 121933
restrictions and shall be executed by the Governor in the name of 121934
the state, countersigned by the Secretary of State, sealed with 121935
the Great Seal of the State, presented in the Office of the 121936
Auditor of State for recording, and delivered to the grantee. The 121937
grantee shall present the deed for recording in the Office of the 121938
Marion County Recorder.121939

       (7) The grantee shall pay all costs associated with the 121940
purchase and conveyance of the real estate, including recordation 121941
costs of the deed.121942

       (8) The proceeds of the conveyance of the real estate shall 121943
be deposited into the state treasury to the credit of the Adult 121944
and Juvenile Correctional Facilities Bond Retirement Fund and 121945
shall be used to redeem or defease bonds in accordance with 121946
section 5120.092 of the Revised Code, and any remaining moneys 121947
after such redemption or defeasance shall be transferred in 121948
accordance with that section to the General Revenue Fund.121949

       (9) Division (G) of this section does not restrict the 121950
Department of Rehabilitation and Correction from contracting, not 121951
for the sale of, but only for the private operation and management 121952
of the North Central Correctional Institution Camp.121953

       (10) Division (G) of this section expires two years after its 121954
effective date.121955

       Section 753.20. (A) The Governor is authorized to execute a 121956
deed in the name of the state conveying to the Ripley Union Lewis 121957
Huntington School District, its successors and assigns, all of the 121958
state's right, title, and interest in the following described real 121959
estate:121960

I
121961

       Starting at a 5/8" iron pin found on the southerly 121962
right-of-way line of Outer Drive, the northeasterly line of Edward 121963
and Eva K. Farnbach and Michael S. Pfeffer, Trustee at the 121964
northwesterly corner of L.J. Germann's Addition as recorded in 121965
Plat Book C-3, page 204, slide 213 in the Brown County, Ohio 121966
Recorder's Office;121967

       Thence with the southerly right-of-way line of said Outer 121968
Drive and with the northerly line of said Farnbach and Pfeffer for 121969
the next four (4) courses;121970

       South 63 degrees 34 minutes 18 seconds West a distance of 121971
24.20 feet;121972

       South 79 degrees 33 minutes 23 seconds West a distance of 121973
92.60 feet;121974

       South 75 degrees 58 minutes 20 seconds West a distance of 121975
347.02 feet;121976

       South 84 degrees 53 minutes 30 seconds West a distance of 121977
10.54 feet;121978

       Thence with a line through the land of said Farnbach and 121979
Pfeffer for the next two (2) courses:121980

       South 21 degrees 11 minutes 23 seconds West a distance of 121981
43.58 feet;121982

       South 0 degrees 25 minutes 20 seconds West a distance of 121983
586.49 feet to a point on the southerly line of said Farnbach and 121984
Pfeffer and on the northerly line of Michael Ray Schwallie;121985

       Thence with a line through the land of said Schwallie for the 121986
next two (2) courses:121987

       South 0 degrees 25 minutes 20 seconds West a distance of 121988
227.62 feet;121989

       South 35 degrees 47 minutes 10 seconds East a distance of 121990
523.46 feet to a point on the southerly line of said Schwallie and 121991
on the northerly line of the State of Ohio;121992

       Thence with a line through the land of said State of Ohio 121993
three (3) courses:121994

       South 35 degrees 47 minutes 10 seconds East a distance of 121995
29.17 feet;121996

       South 6 degrees 22 minutes 58 seconds West a distance of 121997
29.21 feet;121998

       South 51 degrees 22 minutes 58 seconds West a distance of 121999
583.46 feet and the true point of beginning;122000

       Thence from said true point of beginning and through the land 122001
of said State of Ohio for the next five (5) courses:122002

       On a curve to the left having a radius of 300.00 feet, an 122003
interior angle of 37 degrees 00 minutes 54 seconds, an arc length 122004
of 193.81 feet, a chord bearing of South 76 degrees 58 minutes 37 122005
seconds East for a chord length of 190.46 feet;122006

       South 58 degrees 28 minutes 11 seconds East a distance of 122007
284.98 feet;122008

       On a curve to the left having a radius of 300.00 feet, an 122009
interior angle of 180 degrees 00 minutes 00 seconds, an arc length 122010
of 942.48 feet, a chord bearing of South 31 degrees 31 minutes 49 122011
seconds West for a chord length of 600.00 feet;122012

       North 58 degrees 28 minutes 11 seconds West a distance of 122013
284.98 feet;122014

       On a curve to the right having a radius of 300.00 feet, an 122015
interior angle of 142 degrees 59 minutes 08 seconds, an arc length 122016
of 748.67 feet, a chord bearing of North 13 degrees 01 minutes 23 122017
seconds East for a chord length of 568.97 feet and CONTAINING 122018
3.925 Acres122019

       This description was prepared by Christopher S. Renshaw, 122020
P.S., Ohio Registration No. 8319 on 16 October 2009.122021

II
122022

       Starting at 5/8" iron pin found on the southerly right-of-way 122023
line of Outer Drive, the northeasterly corner of Edward and Eva K. 122024
Farnbach and Michael S. Pfeffer, Trustee at the northwesterly 122025
corner of L.J. Germann's Addition as recorded in Plat Book C-3, 122026
page 204, slide 213 in the Brown County, Ohio Recorder's Office;122027

       Thence with the southerly right-of-way line of Outer Drive 122028
and with the northerly line of Edward and Eva K. Farnbach, etal 122029
for the next three (3) courses:122030

       South 63 degrees 34 minutes 18 seconds West a distance of 122031
24.20 feet;122032

       South 79 degrees 33 minutes 23 seconds West a distance of 122033
92.60 feet;122034

       South 75 degrees 58 minutes 20 seconds West a distance of 122035
340.45 feet;122036

       Thence through the land of said Farnbach for the next two (2) 122037
courses:122038

       South 21 degrees 11 minutes 23 seconds West a distance of 122039
49.42 feet;122040

       South 0 degrees 25 minutes 20 seconds West a distance of 122041
571.70 feet to a point on the southerly line of said Farnbach and 122042
on the northerly line of Michael Ray Schwallie;122043

       Thence through the land of said Schwallie for the next two 122044
(2) courses:122045

       South 0 degrees 25 minutes 20 seconds West a distance of 122046
234.76 feet;122047

       South 35 degrees 47 minutes 10 seconds East a distance of 122048
518.08 feet to a point on the southerly line of said Schwallie and 122049
on the northerly line of the State of Ohio and the true point of 122050
beginning; said point being on the easterly line of said real 122051
estate;122052

       Thence from said the true point of beginning and with a line 122053
through the land of said State of Ohio seven (7) courses:122054

       South 35 degrees 47 minutes 10 seconds East a distance of 122055
35.43 feet;122056

       South 6 degrees 22 minutes 58 seconds West a distance of 122057
41.21 feet;122058

       South 51 degrees 22 minutes 58 seconds West a distance of 122059
568.72 feet;122060

       On a curve to the left having a radius of 300.00 feet, an 122061
interior angle of 20 degrees 37 minutes 27 seconds, an arc length 122062
of 107.99 feet, a chord bearing of South 79 degrees 07 minutes 37 122063
seconds West for a chord length of 107.41 feet;122064

       North 51 degrees 22 minutes 58 seconds East a distance of 122065
643.06 feet;122066

       North 6 degrees 22 minutes 57 seconds East a distance of 1.22 122067
feet;122068

       North 35 degrees 47 minutes 10 seconds West a distance of 122069
14.58 feet to a point on the southerly line of said Schwallie and 122070
on the northerly line of said State of Ohio;122071

       Thence with the southerly line of said Schwallie and on the 122072
northerly line of said State of Ohio North 52 degrees 24 minutes 122073
43 seconds East a distance of 50.02 feet to the place of beginning 122074
and CONTAINING 0.740 Acres.122075

       This description was prepared by Christopher S. Renshaw, 122076
P.S., Ohio Registration No. 8319 on 16 October 2009.122077

III
122078

       Starting at a 5/8" iron pin found on the southerly 122079
right-of-way line of Outer Drive, the northeasterly corner of 122080
Edward and Eva K. Farnbach and Michael S. Pfeffer, Trustee at the 122081
northwesterly corner of L.J. Germann's Addition as recorded in 122082
Plat Book C-3, page 204, slide 213 in the Brown County, Ohio 122083
Recorder's Office;122084

       Thence with the southerly right-of-way line of said Outer 122085
Drive and with the northerly line of said Farnbach and Pfeffer for 122086
the next four (4) courses:122087

       South 63 degrees 34 minutes 18 seconds West a distance of 122088
24.20 feet;122089

       South 79 degrees 33 minutes 23 seconds West a distance of 122090
92.60 feet;122091

       South 75 degrees 58 minutes 20 seconds West a distance of 122092
347.02 feet;122093

       South 84 degrees 53 minutes 30 seconds West a distance of 122094
10.54 feet;122095

       Thence with a line through the land of said Farnbach and 122096
Pfeffer for the next two (2) courses:122097

       South 21 degrees 11 minutes 23 seconds West a distance of 122098
43.58 feet;122099

       South 0 degrees 25 minutes 20 seconds West a distance of 122100
586.49 feet to a point on the southerly line of said Farnbach 122101
Pfeffer and on the northerly line of Michael Ray Schwallie;122102

       Thence with a line through the land of said Schwallie for the 122103
next two (2) courses:122104

       South 0 degrees 25 minutes 20 seconds West a distance of 122105
227.62 feet;122106

       South 35 degrees 47 minutes 10 seconds East a distance of 122107
523.46 feet to a point on the southerly line of said Schwallie and 122108
on the northerly line of the State of Ohio and the true point of 122109
beginning, said beginning point being on the easterly line of said 122110
real estate;122111

       Thence from said the true point of beginning and with a line 122112
through the land of said State of Ohio seven (7) courses:122113

       South 35 degrees 47 minutes 10 seconds East a distance of 122114
29.17 feet;122115

       South 6 degrees 22 minutes 58 seconds West a distance of 122116
29.21 feet;122117

       South 51 degrees 22 minutes 58 seconds West a distance of 122118
583.46 feet;122119

       On a curve to the left having a radius of 300.00 feet, an 122120
interior angle of 7 degrees 49 minutes 53 seconds, an arc length 122121
of 41.01 feet, a chord bearing of South 80 degrees 35 minutes 59 122122
seconds West for a chord length of 40.97 feet;122123

       North 51 degrees 22 minutes 58 seconds East a distance of 122124
610.94 feet;122125

       North 6 degrees 22 minutes 58 seconds East a distance of 122126
13.22 feet;122127

       North 35 degrees 47 minutes 10 seconds West a distance of 122128
20.83 feet to a point on the southerly line of said Schwallie and 122129
on the northerly line of said State of Ohio;122130

       Thence with the southerly line of said Schwallie and on the 122131
northerly line of said State of Ohio North 52 degrees 24 minutes 122132
43 seconds East a distance of 20.01 feet to the place of beginning 122133
and CONTAINING 0.295 Acres.122134

       This description was prepared by Christopher S. Renshaw, 122135
P.S., Ohio Registration No. 8319 on 16 October 2009.122136

IV
122137

       Starting at a spike found in the centerline of U.S. Route No. 122138
52, 62 & 68, at the southeasterly corner of Surgical Appliance 122139
Industries, Inc.'s 2.00 Acre tract as recorded in Deed Book 164, 122140
page 778 in the Brown County, Ohio Recorder's Office;122141

       Thence with the line of said Surgical Appliance Industries, 122142
Inc. South 52 degrees 38 minutes 52 seconds West a distance of 122143
80.00 feet to a point on the on the southerly right-of-way line of 122144
said U.S. Route No. 52, 62 & 68;122145

       Thence with the southerly right-of-way line of said U.S. 122146
Route No. 52, 62 & 68 South 36 degrees 23 minutes 01 seconds East 122147
a distance of 19.72 feet to the true point of beginning;122148

       South 52 degrees 41 minutes 03 seconds West a distance of 122149
260.37 feet;122150

       South 49 degrees 59 minutes 41 seconds West a distance of 122151
179.65 feet;122152

       On a curve to the left having a radius of 200.00 feet, an 122153
interior angle of 43 degrees 45 minutes 50 seconds, an arc length 122154
of 152.76 feet, a chord bearing of South 28 degrees 06 minutes 46 122155
seconds West for a chord length of 149.08 feet;122156

       South 6 degrees 13 minutes 51 seconds West a distance of 122157
204.40 feet;122158

       On a curve to the left having a radius of 100.00 feet, an 122159
interior angle of 44 degrees 44 minutes 55 seconds, an arc length 122160
of 78.10 feet, a chord bearing of South 16 degrees 08 minutes 36 122161
seconds East for a chord length of 76.13 feet;122162

       South 38 degrees 31 minutes 04 seconds East a distance of 122163
266.21 feet;122164

       On a curve to the left having a radius of 50.00 feet, an 122165
interior angle of 53 degrees 35 minutes 34 seconds, an arc length 122166
of 46.77 feet, a chord bearing of South 65 degrees 18 minutes 51 122167
seconds East for a chord length of 45.08 feet;122168

       North 87 degrees 53 minutes 23 seconds East a distance of 122169
6.15 feet;122170

       On a curve to the right having a radius of 12.50 feet, an 122171
interior angle of 143 degrees 13 minutes 01 seconds, an arc length 122172
of 31.25 feet, a chord bearing of South 20 degrees 30 minutes 07 122173
seconds East for a chord length of 23.72;122174

       South 51 degrees 40 minutes 10 seconds West a distance of 122175
345.58 feet;122176

       On a curve to the left having a radius of 125.00 feet, an 122177
interior angle of 43 degrees 33 minutes 25 seconds, an arc length 122178
of 95.03 feet, a chord bearing of South 29 degrees 53 minutes 28 122179
seconds West for a chord length of 92.75 feet;122180

       South 8 degrees 06 minutes 45 seconds West a distance of 122181
65.53 feet;122182

       On a curve to the right have a radius of 63.00 feet, an 122183
interior angle of 91 degrees 48 minutes 38 seconds, an arc length 122184
of 100.95 feet, a chord bearing of South 54 degrees 01 minutes 04 122185
seconds West for a chord length of 90.49 feet;122186

       North 80 degrees 04 minutes 37 seconds West a distance of 122187
579.25 feet;122188

       On a curve to the right having a radius of 150.00 feet, an 122189
interior angle of 26 degrees 20 minutes 16 seconds, an arc length 122190
of 68.95 feet, a chord bearing of North 66 degrees 54 minutes 29 122191
seconds West for a chord length of 68.35 feet;122192

       North 53 degrees 44 minutes 21 seconds West a distance of 122193
229.52 feet;122194

       North 46 degrees 10 minutes 36 seconds West a distance of 122195
25.00 feet;122196

       North 52 degrees 49 minutes 16 seconds West a distance of 122197
55.12 feet;122198

       On a curve to the left having a radius of 205.00 feet, an 122199
interior angle of 75 degrees 47 minutes 45 seconds, an arc length 122200
of 271.19 feet, a chord bearing of South 89 degrees 16 minutes 52 122201
seconds West for a chord length of 251.85 feet;122202

       South 51 degrees 22 minutes 58 seconds West a distance of 122203
139.29 feet;122204

       On a curve to the left having a radius of 55.00 feet, an 122205
interior angle of 105 degrees 02 minutes 01 seconds, an arc length 122206
of 100.83 feet, a chord bearing of South 01 degrees 08 minutes 03 122207
seconds East for a chord length of 87.29 feet;122208

       South 53 degrees 39 minutes 03 seconds East a distance of 122209
447.62 feet;122210

       North 53 degrees 39 minutes 03 seconds West a distance of 122211
447.62 feet;122212

       On a curve to the right having a radius of 55.00 feet, an 122213
interior angle of 105 degrees 02 minutes 01 seconds, an arc length 122214
of 100.83 feet, a chord bearing of North 01 degrees 08 minutes 03 122215
seconds West for a chord length of 87.29 feet;122216

       North 51 degrees 22 minutes 58 seconds East a distance of 122217
139.29 feet;122218

       On a curve to the right having a radius of 205.00 feet, an 122219
interior angle of 75 degrees 47 minutes 45 seconds, an arc length 122220
of 271.19 feet, a chord bearing of North 89 degrees 16 minutes 52 122221
seconds East for a chord length of 251.85 feet;122222

       South 52 degrees 49 minutes 16 seconds East a distance of 122223
55.12 feet;122224

       South 46 degrees 10 minutes 36 seconds East a distance of 122225
25.00 feet;122226

       South 53 degrees 44 minutes 21 seconds East a distance of 122227
229.52 feet;122228

       On a curve to the left having a radius of 150.00 feet, an 122229
interior angle of 26 degrees 20 minutes 16 seconds, an arc length 122230
of 68.95 feet, a chord bearing of South 66 degrees 54 minutes 29 122231
seconds East for a chord length of 68.35 feet;122232

       South 80 degrees 04 minutes 37 seconds East a distance of 122233
579.25 feet;122234

       On a curve to the left having a radius of 63.00 feet, an 122235
interior angle of 91 degrees 48 minutes 38 seconds, an arc length 122236
of 100.95 feet, a chord bearing of North 54 degrees 01 minutes 04 122237
seconds East for a chord length of 90.49 feet;122238

       North 8 degrees 06 minutes 45 seconds East a distance of 122239
65.53 feet;122240

       On a curve to the right having a radius of 125.00 feet, an 122241
interior angle of 43 degrees 33 minutes 25 seconds, an arc length 122242
of 95.03 feet, a chord bearing of North 29 degrees 53 minutes 28 122243
seconds East for a chord length of 92.75 feet;122244

       North 51 degrees 40 minutes 10 seconds East a distance of 122245
345.58 feet;122246

       North 51 degrees 06 minutes 24 seconds East a distance of 122247
242.53 feet;122248

       On a curve to the left having a radius of 75.00 feet, an 122249
interior angle of 89 degrees 40 minutes 16 seconds, an arc length 122250
of 117.38 feet, a chord bearing of North 06 degrees 16 minutes 16 122251
seconds East for a chord length of 105.76 feet;122252

       North 38 degrees 33 minutes 52 seconds West a distance of 122253
100.75 feet;122254

       North 53 degrees 36 minutes 14 seconds East a distance of 122255
396.32 feet.122256

       This description was prepared by Christopher S. Renshaw, 122257
P.S., Ohio Registration No. 8319 on 16 October 2009.122258

       (B) Consideration for conveyance of the real estate is the 122259
mutual benefit accruing to the state and the Ripley Union Lewis 122260
Huntington School District from the use of the real estate so that 122261
a water well may be constructed and operated.122262

       (C) The Ripley Union Lewis Huntington School District shall 122263
use the real estate to construct and operate a water well. If the 122264
Ripley Union Lewis Huntington School District ceases to use the 122265
real estate to construct and operate a water well, all right, 122266
title, and interest in the real estate immediately reverts to the 122267
state without the need for any further action by the state.122268

       (D) The Ripley Union Lewis Huntington School District shall 122269
pay the costs of the conveyance.122270

       (E) Within thirty days after the effective date of this 122271
section, the Auditor of State, with the assistance of the Attorney 122272
General, shall prepare a deed to the real estate. The deed shall 122273
state the consideration and the condition. The deed shall be 122274
executed by the Governor in the name of the state, countersigned 122275
by the Secretary of State, sealed with the Great Seal of the 122276
State, presented in the office of the Auditor of State for 122277
recording, and delivered to the Ripley Union Lewis Huntington 122278
School District. The Ripley Union Lewis Huntington School District 122279
shall present the deed for recording in the office of the Brown 122280
County Recorder.122281

       (F) This section expires one year after its effective date.122282

       Section 753.23.  (A) The Governor is authorized to execute a 122283
deed in the name of the state (Kent State University) conveying to 122284
the Board of Township Trustees of Jackson Township in Stark County 122285
and its successors and assigns all of the state's right, title, 122286
and interest in the following described real estate:122287

       Known as and being a part of the Southeast and Southwest 122288
Quarters of Section 13, Township 11 (Jackson) R-9, County of 122289
Stark, State of Ohio. Also being a part of tracts of land conveyed 122290
to the state of Ohio as recorded in Deed Volume 3109, Page 573 of 122291
the records of Stark County and being more fully bounded and 122292
described as follows:122293

       Commencing at a hex head iron bar in a monument box (JAC 122294
080), being the southeast corner of said Southwest Quarter of 122295
Section 13 and also being an angle point on the centerline of 122296
Dressler Road (C.R. 224) (Variable Width) as recorded in file 106 122297
of the Stark County Engineers Office;122298

       Thence, along the centerline of Dressler Road, N 1803'31" E a 122299
distance of 223.09 feet to the True Place of beginning for the 122300
parcel herein described;122301

       1. Thence N 56°56'23" W a distance of 241.46 feet to a 5/8" 122302
rebar set, said line passes over a 5/8" rebar set at 41.41 feet;122303

       2. Thence N 01°44'30" W a distance of 230.40 feet to a 5/8" 122304
rebar set;122305

       3. Thence N 67°27'21" E a distance of 150.00 feet to a 5/8" 122306
rebar set;122307

       4. Thence S 63°25'06" E a distance of 199.60 feet to a point 122308
in the centerline of Dressler Road, said line passes over a 5/8" 122309
rebar set at 159.15 feet;122310

       5. Thence, along the centerline of Dressler Road, S 18°03'31" 122311
W a distance of 347.32 feet to the true place of beginning and 122312
containing 2.025 acres of land, more or less of which 0.970 acres 122313
are located in the Southeast Quarter of Section 13 and 1.055 acres 122314
are located in the Southwest Quarter of Section 13.122315

       The above described area is contained within the Stark County 122316
Auditor's Permanent Parcel Numbers 1680061 and 1680066.122317

       The basis of bearings in this description is based on the 122318
Ohio North Zone, State Plane Coordinates NAD 83 (86).122319

       The statement of "5/8" rebar Set" refers to a 5/8" x 30" Dia. 122320
Rebar set with a plastic i.d. cap stamped "SCE".122321

       This description was prepared and reviewed by Daniel J. 122322
Houck, Professional Surveyor No. 7851 in March of 2010, of the 122323
Stark County Engineer's Office. This description is based on a 122324
survey made by the Stark County Engineer's Office in March of 122325
2010, under the direction and supervision of Keith A. Bennett, 122326
Professional Surveyor No. 7615. (Attachment A)122327

       (B) Consideration for conveyance of the real estate is the 122328
mutual benefit accruing to the state from Jackson Township's use 122329
of the real estate for a fire station.122330

       (C) If the use of the real estate as a fire station is 122331
discontinued, the real estate reverts to Kent State University, 122332
and Jackson Township shall raze the building currently on the real 122333
estate and remove from the real estate any contaminants relating 122334
to the building's use as a fire station.122335

       (D) The Board of Township Trustees of Jackson Township in 122336
Stark County shall pay the costs of the conveyance.122337

       (E) The Auditor of State, with the assistance of the Attorney 122338
General, shall prepare a deed to the real estate. The deed shall 122339
state the consideration and the reverter. The deed shall be 122340
executed by the Governor in the name of the state, countersigned 122341
by the Secretary of State, sealed with the Great Seal of the 122342
State, presented in the Office of the Auditor of State for 122343
recording, and delivered to the Board of Township Trustees of 122344
Jackson Township in Stark County. The Board of Township Trustees 122345
of Jackson Township in Stark County shall present the deed for 122346
recording in the Office of the Stark County Recorder.122347

       (F) This section expires one year after its effective date.122348

       Section 753.30. (A)(1) The Director of Administrative 122349
Services and the Director of Youth Services are hereby authorized 122350
to award a contract through a request for proposals for the 122351
operation and management as an adult or juvenile correctional 122352
facility of any facility under the management and control of the 122353
Department of Youth Services following the closure of that 122354
facility and for the transfer of the state's right, title, and 122355
interest in the real property on which the facility is situated 122356
and in any surrounding land. The section applies only to 122357
facilities that are closed before January 1, 2012.122358

       (2) A contract awarded under this section shall include the 122359
requirements, statements, and authorizations that must be included 122360
in a contract pursuant to section 9.06 or 9.07 of the Revised 122361
Code, whichever is applicable. If neither section 9.06 nor 9.07 of 122362
the Revised Code applies to the purposes for which the facility 122363
will be used, the contract shall include requirements, statements, 122364
and authorizations similar to those listed in section 9.06 or 9.07 122365
of the Revised Code but adapted to those purposes. The contract 122366
shall also include all of the following:122367

       (a) An agreement for the sale to the contractor of the 122368
state's right, title, and interest in the facility, the land 122369
situated thereon, and specified surrounding land;122370

       (b) A requirement that the contractor provide preferential 122371
hiring treatment to employees or former employees of the 122372
Department of Youth Services in order to retain or rehire staff 122373
displaced as a result of the closure of the facility and the 122374
transition of the operation and management of the facility and to 122375
meet the administrative, programmatic, maintenance, and security 122376
needs of the facility;122377

       (c) Notwithstanding any provision of the Revised Code, 122378
authorization for the transfer to the contractor of any supplies, 122379
equipment, furnishings, fixtures, or other assets considered 122380
necessary by the Director of Youth Services and the Director of 122381
Administrative Services for the operation and management of the 122382
facility;122383

       (d) Plans for the operation and management of the facility or 122384
the disposition of the facility's employees and prisoners upon 122385
termination of the contract or the bankruptcy or financial 122386
insolvency of the contractor.122387

       (3) If the Director of Administrative Services and the 122388
Director of Youth Services award a contract under this section, 122389
notwithstanding any provision of the Revised Code, the state may 122390
transfer to the contractor in accordance with the contract any 122391
supplies, equipment, furnishings, fixtures, or other assets 122392
considered necessary by the Director of Youth Services and the 122393
Director of Administrative Services for the operation and 122394
management of the facility. For purposes of this paragraph and the 122395
transfer authorized under this paragraph, any such supplies, 122396
equipment, furnishings, fixtures, or other assets shall not be 122397
considered supplies, excess supplies, or surplus supplies as 122398
defined in section 125.12 of the Revised Code and may be disposed 122399
of as part of the transfer of the facility to the contractor.122400

       (B)(1) In preparing the deed, the Auditor of State, with the 122401
assistance of the Attorney General, shall develop a legal 122402
description of the property in conformity with the actual bounds 122403
of the real estate. The grantee named in the deed shall be the 122404
contractor to whom the contract is awarded under this section.122405

       (2) Consideration for conveyance of the real estate shall be 122406
set forth in the contract awarded to the contractor and shall be 122407
paid in accordance with the terms of the contract.122408

       (3)(a) The deed may contain any restriction that the Director 122409
of Administrative Services and the Director of Youth Services 122410
determine is reasonably necessary to protect the state's interest 122411
in neighboring state-owned land.122412

       (b) The deed also shall contain restrictions prohibiting the 122413
grantee from:122414

       (i) Using, developing, or selling the real estate, or the 122415
correctional facility thereon, except in conformance with the 122416
restriction, or if the use, development, or sale will interfere 122417
with the quiet enjoyment of the neighboring state-owned land; 122418

       (ii) Using the real estate for any use other than as a 122419
correctional institution.122420

       (4) The real estate shall be sold as an entire tract and not 122421
in parcels.122422

       (5) Upon payment of the purchase price as set forth in the 122423
contract, the Auditor of State, with the assistance of the 122424
Attorney General, shall prepare a deed to the real estate. The 122425
deed shall state the consideration and restrictions and shall be 122426
executed by the Governor in the name of the state, countersigned 122427
by the Secretary of State, sealed with the Great Seal of the 122428
State, presented in the Office of the Auditor of State for 122429
recording, and delivered to the grantee. The grantee shall present 122430
the deed for recording in the office of the recorder of the county 122431
in which the facility is located.122432

       (6) The grantee shall pay all costs associated with the 122433
purchase and conveyance of the real estate, including the costs of 122434
recording the deed.122435

       (7) The proceeds of the conveyance of the real estate shall 122436
be deposited into the State Treasury to the credit of the Adult 122437
and Juvenile Correctional Facilities Bond Retirement Fund and 122438
shall be used to retire bonds in accordance with section 5120.092 122439
of the Revised Code, and any remaining moneys shall be transferred 122440
in accordance with that section to the General Revenue Fund.122441

       (C) This section expires two years after its effective date.122442

       Section 755.10. The Director of Transportation may enter into 122443
agreements as provided in this section with the United States or 122444
any department or agency of the United States, including, but not 122445
limited to, the United States Army Corps of Engineers, the United 122446
States Forest Service, the United States Environmental Protection 122447
Agency, and the United States Fish and Wildlife Service. An 122448
agreement entered into pursuant to this section shall be solely 122449
for the purpose of dedicating staff to the expeditious and timely 122450
review of environmentally related documents submitted by the 122451
Director of Transportation, as necessary for the approval of 122452
federal permits. The agreements may include provisions for advance 122453
payment by the Director of Transportation for labor and all other 122454
identifiable costs of the United States or any department or 122455
agency of the United States providing the services, as may be 122456
estimated by the United States, or the department or agency of the 122457
United States. The Director shall submit a request to the 122458
Controlling Board indicating the amount of the agreement, the 122459
services to be performed by the United States or the department or 122460
agency of the United States, and the circumstances giving rise to 122461
the agreement.122462

       Section 757.10.  ADJUSTMENT TO LOCAL GOVERNMENT DISTRIBUTIONS122463

       (A) On or before the tenth day of each month of the period 122464
beginning August 1, 2011, and ending June 30, 2013, the Tax 122465
Commissioner shall determine and certify to the Director of Budget 122466
and Management the amount to be credited during that month to the 122467
Local Government Fund and Public Library Fund pursuant to 122468
divisions (B) to (D) of this section.122469

       (B) Notwithstanding any provision of section 131.51 of the 122470
Revised Code to the contrary, for each month in the period 122471
beginning August 1, 2011, and ending June 30, 2013:122472

       (1) The amount credited first to the Local Government Fund 122473
shall be as provided in division (C) of this section;122474

       (2) The amount credited next to the Public Library Fund shall 122475
be according to the schedule in division (D) of this section.122476

       (C) Pursuant to division (B)(1) of this section, amounts 122477
shall be credited from revenue arising from the personal income 122478
tax levied under Chapter 5747. of the Revised Code to the Local 122479
Government Fund, as follows:122480

       (1)(a) In August 2011, seventy-five per cent of the amount 122481
credited in August 2010; in August 2012, fifty per cent of the 122482
amount credited in August 2010;122483

       (b) In September 2011, seventy-five per cent of the amount 122484
credited in September 2010; in September 2012, fifty per cent of 122485
the amount credited in September 2010;122486

       (c) In October 2011, seventy-five per cent of the amount 122487
credited in October 2010; in October 2012, fifty per cent of the 122488
amount credited in October 2010;122489

       (d) In November 2011, seventy-five per cent of the amount 122490
credited in November 2010; in November 2012, fifty per cent of the 122491
amount credited in November 2010;122492

       (e) In December 2011, seventy-five per cent of the amount 122493
credited in December 2010; in December 2012, fifty per cent of the 122494
amount credited in December 2010;122495

       (f) In January 2012, seventy-five per cent of the amount 122496
credited in January 2011; in January 2013, fifty per cent of the 122497
amount credited in January 2011;122498

       (g) In February 2012, seventy-five per cent of the amount 122499
credited in February 2011; in February 2013, fifty per cent of the 122500
amount credited in February 2011;122501

       (h) In March 2012, seventy-five per cent of the amount 122502
credited in March 2011; in March 2013, fifty per cent of the 122503
amount credited in March 2011;122504

       (i) In April 2012, seventy-five per cent of the amount 122505
credited in April 2011; in April 2013, fifty per cent of the 122506
amount credited in April 2011;122507

       (j) In May 2012, seventy-five per cent of the amount credited 122508
in May 2011; in May 2013, fifty per cent of the amount credited in 122509
May 2011;122510

       (k) In June 2012, seventy-five per cent of the amount 122511
credited in June 2011; in June 2013, fifty per cent of the amount 122512
credited in June 2011;122513

       (l) In July 2012, fifty per cent of the amount credited in 122514
July 2010.122515

       (2) For each month in the period beginning August 1, 2011, 122516
and ending June 30, 2013, an amount sufficient to make the 122517
distributions required for that month under divisions (E)(2)(a), 122518
(b), and (c) of this section.122519

       (D) Pursuant to division (B)(2) of this section, amounts 122520
shall be credited from revenue arising from the kilowatt-hour tax 122521
and sales tax levied under section 5727.81 or 5739.02 of the 122522
Revised Code, respectively, to the Public Library Fund as follows:122523

        (1) In August 2011 and in August 2012, ninety-five per cent 122524
of the amount credited in August 2010;122525

       (2) In September 2011 and in September 2012, ninety-five per 122526
cent of the amount credited in September 2010;122527

       (3) In October 2011 and in October 2012, ninety-five per cent 122528
of the amount credited in October 2010;122529

       (4) In November 2011 and in November 2012, ninety-five per 122530
cent of the amount credited in November 2010;122531

       (5) In December 2011 and in December 2012, ninety-five per 122532
cent of the amount credited in December 2010;122533

       (6) In January 2012 and in January 2013, ninety-five per cent 122534
of the amount credited in January 2011;122535

       (7) In February 2012 and in February 2013, ninety-five per 122536
cent of the amount credited in February 2011;122537

       (8) In March 2012 and in March 2013, ninety-five per cent of 122538
the amount credited in March 2011;122539

       (9) In April 2012 and in April 2013, ninety-five per cent of 122540
the amount credited in April 2011;122541

       (10) In May 2012 and in May 2013, ninety-five per cent of the 122542
amount credited in May 2011;122543

       (11) In June 2012 and in June 2013, ninety-five per cent of 122544
the amount credited in June 2011;122545

       (12) In July 2012, ninety-five per cent of the amount 122546
credited in July 2010.122547

       (E) Notwithstanding any other provision of the Revised Code 122548
to the contrary, the total amount credited to the Local Government 122549
Fund in each month for the period beginning August 1, 2011, and 122550
ending June 30, 2013, shall be distributed by the tenth day of 122551
that month in the following manner:122552

       (1) The total amount credited to the Local Government Fund in 122553
each month pursuant to division (C)(1) of this section shall be 122554
distributed as follows:122555

       (a) Each county undivided local government fund shall receive 122556
a distribution from the Local Government Fund based on its 122557
proportionate share of the total amount received from the fund in 122558
that respective month in fiscal year 2011. As used in this 122559
section, "total amount received" does not include payments 122560
received in fiscal year 2011 under division (C) of section 5725.24 122561
of the Revised Code.122562

       (b) Each municipal corporation that received a direct 122563
distribution in fiscal year 2011 from the Local Government Fund 122564
under division (C) of section 5747.50 of the Revised Code shall 122565
receive a distribution based on its proportionate share of the 122566
total amount of direct distributions made to municipal 122567
corporations from the fund in that respective month in fiscal year 122568
2011.122569

       (2) The total amount credited to the Local Government Fund in 122570
each month pursuant to division (C)(2) of this section shall be 122571
distributed as follows:122572

       (a) If a county undivided local government fund's total 122573
distribution in fiscal year 2011 was equal to or less than five 122574
hundred thousand dollars, the fund shall receive a distribution 122575
equal to the difference between the amount distributed to the fund 122576
in that respective month in fiscal year 2011 and the amount 122577
allocated to the fund for the month under division (E)(1)(a) of 122578
this section.122579

       (b) For each month in the period beginning August 1, 2011, 122580
and ending June 30, 2012, if a county undivided local government 122581
fund's total distribution in fiscal year 2011 exceeded five 122582
hundred thousand dollars and if the sum of the amount allocated to 122583
the fund in July 2011 and the amounts to be allocated to the fund 122584
between August 1, 2011, and June 30, 2012, under division 122585
(E)(1)(a) of this section is less than five hundred thousand 122586
dollars, the fund shall receive a distribution equal to 122587
one-eleventh of the difference between five hundred thousand 122588
dollars and that sum.122589

       (c) For each month in the period beginning July 1, 2012, and 122590
ending June 30, 2013, if a county undivided local government 122591
fund's total distribution in fiscal year 2011 exceeded five 122592
hundred thousand dollars and if the total amount to be allocated 122593
to the fund in fiscal year 2013 under division (E)(1)(a) of this 122594
section is less than five hundred thousand dollars, the fund shall 122595
receive a distribution equal to one-twelfth of the difference 122596
between five hundred thousand dollars and the total amount to be 122597
allocated to the fund in fiscal year 2013 under division (E)(1)(a) 122598
of this section.122599

       (F) Notwithstanding any other provision of the Revised Code 122600
to the contrary, by the tenth day of each month of the period 122601
beginning July 1, 2011, and ending December 31, 2011, each county 122602
undivided public library fund shall receive a distribution from 122603
the Public Library Fund equal to the product derived by 122604
multiplying the following amounts:122605

       (1) The total amount credited to the Public Library Fund in 122606
that month;122607

       (2) A percentage calculated by multiplying one hundred by the 122608
quotient obtained by dividing the sum of the county's 122609
distributions from the Public Library Fund during calendar year 122610
2010 by the sum of distributions made to all counties from the 122611
Public Library Fund during calendar year 2010.122612

       (G) Notwithstanding any other provision of the Revised Code 122613
to the contrary, by the tenth day of each month of the period 122614
beginning January 1, 2012, and ending June 30, 2013, each county 122615
undivided public library fund shall receive a distribution from 122616
the Public Library Fund equal to the product derived by 122617
multiplying the following amounts:122618

       (1) The total amount credited to the Public Library Fund in 122619
that month;122620

       (2) A percentage calculated by multiplying one hundred by the 122621
quotient obtained by dividing the sum of the county's 122622
distributions from the Public Library Fund during calendar year 122623
2011 by the sum of distributions made to all counties from the 122624
Public Library Fund during calendar year 2011.122625

       (H) For the 2012 and 2013 distribution years, the Tax 122626
Commissioner is not required to issue the certifications otherwise 122627
required by sections 5747.47, 5747.501, and 5747.51 of the Revised 122628
Code, but shall provide to each county auditor by July 20, 2011, 122629
and July 20, 2012, an estimate of the amounts to be received by 122630
the county in the ensuing year from the Public Library Fund and 122631
the Local Government Fund pursuant to this section and any other 122632
section of the Revised Code. The Tax Commissioner may report to 122633
each county auditor additional revised estimates of the 2011, 122634
2012, or 2013 distributions at any time during fiscal years 2012 122635
and 2013.122636

       Section 757.20. A school district, joint vocational school 122637
district, or local taxing unit may appeal a levy classification or 122638
any amount used in the calculation of total resources as defined 122639
under division (A) of section 5727.84 or division (A) of section 122640
5751.20 of the Revised Code. Such an appeal shall be filed in 122641
writing, including via electronic mail, with the Tax Commissioner. 122642
Upon receiving such an appeal, the Tax Commissioner shall make a 122643
determination of the merits of the appeal and, if the appeal is 122644
upheld, make necessary changes within the classifications or 122645
calculations. The determination of the Tax Commissioner is final 122646
and not subject to appeal. After June 30, 2013, no changes shall 122647
be made in the classifications or calculations.122648

       Section 757.30. The Tax Commissioner shall conduct a review 122649
of the operations of the Board of Tax Appeals, and, not later than 122650
November 15, 2011, shall submit a written report to the Governor, 122651
Speaker of the House of Representatives, and President of the 122652
Senate providing an assessment of the Board's operations and 122653
recommendations for improvement. The Tax Commissioner's review 122654
shall include consultation with persons who have participated in 122655
or have had matters before the Board and are familiar with the 122656
Board's operations and procedures. The report shall include 122657
recommendations for improving the appeals process, internal 122658
operations, and other operational matters the Commissioner deems 122659
advisable. The Commissioner may designate an employee of the 122660
Department of Taxation to conduct the review.122661

       Section 757.40. (A) As used in this section:122662

        (1) "Qualifying delinquent taxes" means any tax levied under 122663
Chapters 5733., 5739., 5741., 5747., and 5748. of the Revised 122664
Code, including the taxes levied under sections 5733.41 and 122665
5747.41 of the Revised Code and taxes required to be withheld 122666
under Chapters 5747. and 5748. of the Revised Code, which were due 122667
and payable from any person as of May 1, 2011, were unreported or 122668
underreported, and remain unpaid.122669

        (2) "Qualifying delinquent personal property taxes" means a 122670
tax for which a return was required to be filed under section 122671
5711.02 of the Revised Code for a tax year before 2011.122672

        (3) "Qualifying delinquent taxes" and "qualifying delinquent 122673
personal property taxes" do not include any tax for which a notice 122674
of assessment or audit has been issued, for which a bill has been 122675
issued, which relates to a tax period that ends after the 122676
effective date of this section, or for which an audit has been 122677
conducted or is currently being conducted.122678

       (B) The Tax Commissioner shall establish and administer a tax 122679
amnesty program with respect to qualifying delinquent taxes and 122680
qualifying delinquent personal property taxes. The program shall 122681
commence on January 1, 2012, and shall conclude on February 15, 122682
2012. The Tax Commissioner shall issue forms and instructions and 122683
take other actions necessary to implement the program. The Tax 122684
Commissioner shall publicize the program so as to maximize public 122685
awareness and participation in the program.122686

        (C)(1) During the program, if a person pays the full amount 122687
of qualifying delinquent taxes owed by that person and one-half of 122688
any interest that has accrued as a result of the person failing to 122689
pay those taxes in a timely fashion, the Tax Commissioner shall 122690
waive or abate all applicable penalties and one-half of any 122691
interest that accrued on the qualifying delinquent taxes.122692

        (2) During the program, if a person who owes qualifying 122693
delinquent personal property taxes files a return with the Tax 122694
Commissioner, in the form and manner prescribed by the Tax 122695
Commissioner, listing all taxable property that was required to be 122696
listed on the return required to be filed under section 5711.02 of 122697
the Revised Code, the Tax Commissioner shall issue a preliminary 122698
assessment certificate to the appropriate county auditor. Upon 122699
receiving a preliminary assessment certificate issued by the Tax 122700
Commissioner pursuant to this division, the county auditor shall 122701
compute the amount of qualifying delinquent personal property 122702
taxes owed by the person and shall add to that amount one-half of 122703
the interest prescribed under sections 5711.32 and 5719.041 of the 122704
Revised Code. The county treasurer shall collect the amount of tax 122705
and interest computed by the county auditor under this division by 122706
preparing and mailing a tax bill to the person as prescribed in 122707
section 5711.32 of the Revised Code. If the person pays the full 122708
amount of tax and interest thereon on or before the date shown on 122709
the tax bill, all applicable penalties and one-half of any 122710
interest that accrued on the qualifying delinquent personal 122711
property taxes shall be waived.122712

       (3) Notwithstanding any contrary provision of the Revised 122713
Code, the Tax Commissioner shall not furnish to the county auditor 122714
any information pertaining to the exemption from taxation under 122715
division (C)(3) of section 5709.01 of the Revised Code insofar as 122716
that information pertains to any person who pays qualifying 122717
delinquent personal property taxes under division (C)(2) of this 122718
section.122719

        (D) The Tax Commissioner may require a person participating 122720
in the program to file returns or reports, including amended 122721
returns and reports, in connection with the person's payment of 122722
qualifying delinquent taxes or qualifying delinquent personal 122723
property taxes.122724

        (E) A person who participates in the program and pays in full 122725
any outstanding qualifying delinquent tax or qualifying delinquent 122726
personal property tax and the interest payable on such tax in 122727
accordance with this section shall not be subject to any criminal 122728
prosecution or any civil action with respect to that tax, and no 122729
assessment shall thereafter be issued against that person with 122730
respect to that tax.122731

       (F) Taxes and interest collected under the program shall be 122732
credited to the General Revenue Fund, except that:122733

       (1) Qualifying delinquent taxes levied under section 122734
5739.021, 5739.023, or 5739.026 of the Revised Code shall be 122735
distributed to the appropriate counties and transit authorities in 122736
accordance with section 5739.21 of the Revised Code during the 122737
next distribution required under that section;122738

        (2) Qualifying delinquent taxes levied under section 122739
5741.021, 5741.022, or 5741.023 of the Revised Code shall be 122740
distributed to the appropriate counties and transit authorities in 122741
accordance with section 5741.03 of the Revised Code during the 122742
next distribution required under that section; and122743

       (3) Qualifying delinquent taxes levied under Chapter 5748. of 122744
the Revised Code shall be credited to the school district income 122745
tax fund and then paid to the appropriate school district with the 122746
next payment required under division (D) of section 5747.03 of the 122747
Revised Code.122748

       Section 757.41. Section 757.40 of this act is hereby 122749
repealed, effective February 16, 2012. The repeal of Section 122750
757.40 of this act does not affect, after the effective date of 122751
the repeal, the rights, remedies, or actions authorized under that 122752
section.122753

       Section 757.50.  All inheritance tax files that still remain 122754
open under temporary order, or otherwise, for which the "ultimate 122755
succession" pursuant to former sections 5731.28 and 5731.29 of the 122756
Revised Code as those sections existed before their repeal by S.B. 122757
326 of the 107th General Assembly (effective July 1, 1968), 122758
relating to the inheritance tax, has not been finalized and have 122759
not been submitted to the Department of Taxation as explained 122760
below, shall be considered to be closed as of January 1, 2013.122761

       Notwithstanding the former sections of the Revised Code 122762
constituting the Ohio Inheritance Tax as those sections existed 122763
before their repeal by that act, all claims and inquiries must be 122764
received by the Department of Taxation, or postmarked on or 122765
before, December 31, 2012.122766

       Section 801.20.  As used in the uncodified law of this act, 122767
"American Recovery and Reinvestment Act of 2009" means the 122768
"American Recovery and Reinvestment Act of 2009," Pub. L. No. 122769
111-5, 123 Stat. 115.122770

       Section 801.30. REVENUE GENERATED BY TRANSFER OF LIQUOR 122771
ENTERPRISE TO JOBSOHIO122772

        The revenue estimates for fiscal year 2012 assume receipt of 122773
$500,000,000 in cash from JobsOhio pursuant to section 4313.02 of 122774
the Revised Code, as enacted by this act, and the transfer of the 122775
enterprise acquisition project authorized therein.122776

       Section 803.30.  Upon the effective date of new sections 122777
2151.56, 2151.57, 2151.58, and 2151.59 of the Revised Code as 122778
enacted by this act, the versions of those sections enacted in 122779
Section 101.01 of this act will replace the versions of those 122780
sections, and the versions of sections 2151.60 and 2151.61 of the 122781
Revised Code, in effect on the day immediately preceding that 122782
effective date.122783

       Section 803.40. Sections 121.40, 121.401 to 121.404, 1501.40, 122784
3301.70, 3333.043, and 4503.93 of the Revised Code continue to 122785
operate the same as they did before their amendment by this act, 122786
except for the name of the Ohio Community Service Council being 122787
changed to the Ohio Commission on Service and Volunteerism.122788

       Section 803.50. The amendments to Chapter 349. of the Revised 122789
Code enacted by this act apply to any proceedings commenced after 122790
the amendments' effective date, and, so far as their provisions 122791
support the actions taken, also apply to proceedings that on their 122792
effective date are pending, in progress, or completed, 122793
notwithstanding the applicable law previously in effect or any 122794
provision to the contrary in a prior resolution, ordinance, order, 122795
advertisement, notice, or other proceeding. Any proceedings 122796
pending or in progress on the effective date of those amendments 122797
shall be deemed to have been taken in conformity with the 122798
amendment.122799

       The authority provided in the amendments to Chapter 349. of 122800
the Revised Code of this act provide additional and supplemental 122801
provisions for the subject matter that may also be the subject of 122802
other laws, and is supplemental to and not in derogation of any 122803
similar authority provided by, derived from, or implied by, the 122804
Ohio Constitution, or any other law, including laws amended by 122805
this act, or any charter, order, resolution, or ordinance, and no 122806
inference shall be drawn to negate the authority thereunder by 122807
reason of express provisions contained in the amendments to 122808
Chapter 349. of the Revised Code enacted by this act.122809

       Section 803.60. Section 3903.301 of the Revised Code shall 122810
apply only to formal delinquency proceedings that commence under 122811
sections 3903.01 to 3903.59 of the Revised Code on or after the 122812
effective date of this act.122813

       Section 806.10. The items of law contained in this act, and 122814
their applications, are severable. If any item of law contained in 122815
this act, or if any application of any item of law contained in 122816
this act, is held invalid, the invalidity does not affect other 122817
items of law contained in this act and their applications that can 122818
be given effect without the invalid item of law or application.122819

       Section  809.10.  An item of law, other than an amending, 122820
enacting, or repealing clause, that composes the whole or part of 122821
an uncodified section contained in this act has no effect after 122822
June 30, 2013, unless its context clearly indicates otherwise.122823

       Section 812.10. Except as otherwise provided in this act, the 122824
amendment, enactment, or repeal by this act of a section is 122825
subject to the referendum under Ohio Constitution, Article II, 122826
section 1c and therefore takes effect on the ninety-first day 122827
after this act is filed with the Secretary of State or, if a later 122828
effective date is specified below, on that date.122829

        The amendment or repeal of sections 9.231, 9.24, 127.16, 122830
1751.01, 1751.04, 1751.11, 1751.111, 1751.12, 1751.13, 1751.15, 122831
1751.17, 1751.20, 1751.31, 1751.34, 1751.60, 2744.05, 3111.04, 122832
3113.06, 3119.54, 3901.3814, 3923.281, 3963.01, 4731.65, 4731.71, 122833
5101.5211, 5101.5212, 5101.5213, 5101.5214, 5101.5215, 5101.5216, 122834
5101.571, 5101.58, 5111.0112, and 5111.941 of the Revised Code 122835
takes effect October 1, 2011.122836

        The amendment of sections 5707.031, 5725.151, 5725.24, and 122837
5751.011 of the Revised Code takes effect January 1, 2012.122838

        The amendment, enactment, or repeal of sections 3721.16, 122839
5111.709, 5119.221, 5122.02, 5122.27, 5122.271, 5122.29, 5122.32, 122840
5123.092, 5123.35, 5123.60 (5123.601), 5123.601, 5123.602, 122841
5123.603, 5123.604, 5123.605, 5123.61, 5123.63, 5123.64, 5123.69, 122842
5123.701, 5123.86, 5123.99, and 5126.33 of the Revised Code takes 122843
effect October 1, 2012.122844

       Section 812.20. The amendment, enactment, or repeal by this 122845
act of the sections listed below is exempt from the referendum 122846
under Ohio Constitution, Article II, section 1d and section 1.471 122847
of the Revised Code and therefore takes effect immediately when 122848
this act becomes law or, if a later effective date is specified 122849
below, on that date.122850

       Sections 9.06, 111.12, 111.16, 111.18, 111.181, 111.28, 122851
111.29, 117.13, 121.37, 124.09, 124.23, 124.231, 124.25, 124.26, 122852
124.27, 124.31, 125.15, 125.18, 125.213, 125.28, 125.89, 126.04, 122853
126.12, 126.24, 131.44, 131.51, 149.091, 149.11, 149.311, 319.301, 122854
901.09, 924.52, 927.69, 1309.528, 1327.46, 1327.50, 1327.501, 122855
1327.51, 1327.511, 1327.54, 1327.57, 1327.62, 1327.99, 1329.04, 122856
1329.42, 1332.24, 1501.031, 1515.14, 1551.311, 1551.32, 1551.33, 122857
1551.35, 1555.02, 1555.03, 1555.04, 1555.05, 1555.06, 1555.08, 122858
1555.17, 1701.07, 1702.59, 1703.031, 1703.07, 1776.83, 1785.06, 122859
3301.07, 3301.16, 3301.162, 3302.031, 3302.07, 3302.23, 3302.24, 122860
3306.01, 3306.011, 3306.012, 3306.02, 3306.03, 3306.04, 3306.05, 122861
3306.051, 3306.052, 3306.06, 3306.07, 3306.08, 3306.09, 3306.091, 122862
3306.10, 3306.11, 3306.12, 3306.13, 3306.19, 3306.191, 3306.192, 122863
3306.21, 3306.22, 3306.29, 3306.291, 3306.292, 3307.31, 3307.64, 122864
3309.41, 3309.48, 3309.51, 3310.02, 3310.03, 3310.05, 3310.08, 122865
3310.41, 3311.05, 3311.059, 3311.0510, 3311.06, 3311.19, 3311.21, 122866
3311.29, 3311.52, 3311.76, 3313.29, 3313.411, 3313.55, 3313.614, 122867
3313.64, 3313.6410, 3313.843, 3313.88, 3313.978, 3313.981, 122868
3314.06, 3314.08, 3314.085, 3314.087, 3314.088, 3314.091, 3314.10, 122869
3314.13, 3314.35, 3314.38, 3314.402, 3315.01, 3316.041, 3316.06, 122870
3316.20, 3316.21, 3317.01, 3317.011, 3317.013, 3317.014, 3317.016, 122871
3317.017, 3317.018, 3317.02, 3317.021, 3317.022, 3317.023, 122872
3317.024, 3317.025, 3317.0210, 3317.0211, 3317.0212, 3317.0216, 122873
3317.03, 3317.031, 3317.04, 3317.05, 3317.051, 3317.053, 3317.06, 122874
3317.061, 3317.07, 3317.08, 3317.081, 3317.082, 3317.09, 3317.11, 122875
3317.12, 3317.16, 3317.17, 3317.18, 3317.19, 3317.20, 3317.201, 122876
3318.051, 3319.088, 3319.10, 3319.14, 3319.161, 3319.18, 3319.19, 122877
3319.39, 3319.57, 3323.091, 3323.14, 3323.142, 3323.25, 3323.31, 122878
3324.05, 3326.33, 3326.39, 3327.02, 3327.04, 3327.05, 3329.16, 122879
3345.14, 3345.81, 3349.242, 3353.15, 3365.01, 3365.08, 3506.05, 122880
3701.0211, 3704.06, 3704.14, 3734.901, 3745.015, 3745.016, 122881
3793.04, 3793.21, 4115.101, 4117.01, 4117.03, 4117.06, 4141.08, 122882
4141.11, 4301.43, 4511.191, 4725.34, 4733.15, 4733.151, 5111.0122, 122883
5111.0213, 5111.0215, 5111.83, 5111.945, 5112.99, 5112.991, 122884
5120.092, 5123.0419, 5126.0511, 5126.11, 5126.18, 5126.23, 122885
5126.24, 5703.05, 5705.211, 5715.26, 5727.84, 5727.85, 5727.86, 122886
5747.46, 5747.51, 5751.20, 5751.21, 5751.22, 5751.23, and 6109.21. 122887

       The amendment, enactment, or repeal of sections 3306.12 122888
(3317.0212), 3326.11, 3721.50, 3721.51, 3721.56, 3721.561 122889
(3721.56), 3721.58, 3722.01 (5119.70), 3722.011 (5119.701), 122890
3722.02 (5119.71), 3722.021 (5119.711), 3722.022 (5119.712), 122891
3722.03 (5119.72), 3722.04 (5119.73), 3722.041 (5119.731), 3722.05 122892
(5119.74), 3722.06 (5119.75), 3722.07 (5119.76), 3722.08 122893
(5119.77), 3722.09 (5119.78), 3722.10 (5119.79), 3722.11 122894
(5119.80), 3722.12 (5119.81), 3722.13 (5119.82), 3722.14 122895
(5119.83), 3722.15 (5119.84), 3722.151 (5119.85), 3722.16 122896
(5119.86), 3722.17 (5119.87), 3722.18 (5119.88), 3722.99, 3769.08, 122897
3769.20, 3769.26, 5111.222, 5111.231, 5111.24, 5111.243, 5111.244, 122898
5111.25, 5111.254, 5112.30, 5112.31, 5112.37, 5112.371, 5112.39, 122899
and 5119.99 of the Revised Code takes effect July 1, 2011.122900

        The amendment of sections 5112.40, 5112.41, and 5112.46 of 122901
the Revised Code takes effect October 1, 2011.122902

        Sections of this act prefixed with section numbers in the 122903
200's, 300's, 400's, 500's, and 600's, except for Sections 122904
309.30.40, 337.30.80, 501.10, 515.20, 690.10, and 690.11 of this 122905
act.122906

       Sections 733.10, 753.10, 757.10, 757.20, and 757.30 of this 122907
act.122908

       Sections 801.20, 812.10, 812.20, and 812.30 of this act.122909

       Section 812.30. The sections that are listed in the left-hand 122910
column of the following table combine amendments by this act that 122911
are and that are not exempt from the referendum under Ohio 122912
Constitution, Article II, sections 1c and 1d and section 1.471 of 122913
the Revised Code.122914

        The middle column identifies the amendments to the listed 122915
sections that are subject to the referendum under Ohio 122916
Constitution, Article II, section 1c and therefore take effect on 122917
the ninety-first day after this act is filed with the Secretary of 122918
State or, if a later effective date is specified, on that date.122919

       The right-hand column identifies the amendments to the listed 122920
sections that are exempt from the referendum under Ohio 122921
Constitution, Article II, section 1d and section 1.471 of the 122922
Revised Code and therefore take effect immediately when this act 122923
becomes law or, if a later effective date is specified, on that 122924
date.122925

Section of law Amendments subject to referendum Amendments exempt from referendum 122926
1551.33 The amendment in division (C) striking through "1551.13," All amendments except as described in the middle column 122927
3302.05 The amendment inserting "or from the requirements of sections 3317.141, 3319.08, 3319.11, or 3319.17" All amendments except as described in the middle column 122928
3313.614 All amendments except as described in the right-hand column The amendment to division (C)(1) 122929
3317.06 The amendments to divisions (A)(2), (K), and (L) All amendments except as described in the middle column 122930
3318.032 The amendment inserting "subject to a new project scope and estimated costs under section 3318.054 of the Revised Code," 1. The amendment striking "one-year" and inserting "thirteen-month" 2. The amendment striking "year" and inserting "period" 122931
3318.05 The amendment inserting ", subject to section 3318.054 of the Revised Code" The amendment striking "one year" and inserting "thirteen months" 122932
3318.41 The amendments to divisions (D)(2) and (H) The amendment to division (D)(1)(b) 122933
3319.17 Amendments to divisions (C) and (D) Amendment to division (A) 122934
3326.11 All amendments except as described in the right-hand column The amendment adding "3313.88," takes effect July 1, 2011 122935
3722.01 (5119.70) The amendments to division (A)(13) All amendments except the amendments to division (A)(13) 122936
3722.04 (5119.73) The amendments to division (C) All amendments except the amendments to division (C) 122937
3722.16 (5119.86) The amendment to division (B)(1)(d) All amendments except the amendment to division (B)(1)(d) 122938
3734.57 All amendments except amendments to division (A) Amendments to division (A) 122939
3745.11 The amendment inserting division (S)(3) and amendments in division (S)(1) relating thereto All amendments except as described in the middle column 122940
4115.10 The amendment in division (A) striking "(1) or (2)" All amendments except as described in the middle column 122941
4117.01 All amendments except as described in the right-hand column The amendment to division (B) striking "governing authority of a community school established under Chapter 3314. of the Revised Code;" and adding "or the governing authority of a community school established under Chapter 3314. of the Revised Code" 122942
5111.873 1. The amendment to division (A) that inserts "subject to division (D) of this section" 2. All of division (D) All amendments except as described in the middle column 122943
5126.05 The amendment to division (D) The amendment to division (A)(4) 122944

       Section 812.40. The amendments to sections 5101.26, 5122.01, 122945
and 5122.31 of the Revised Code are subject to the referendum 122946
under Ohio Constitution, Article II, Section 1c and section 1.471 122947
of the Revised Code, and therefore take effect on the ninety-first 122948
day after this act is filed with the Secretary of State. However:122949

        In section 5101.26 of the Revised Code, the amendment 122950
striking "and 5101.5211 to 5101.5216" takes effect on October 1, 122951
2011;122952

       In section 5122.01 of the Revised Code, the amendment to 122953
division (O) of the section takes effect on October 1, 2012; and122954

       In section 5122.31 of the Revised Code, the amendment to 122955
division (A)(2) of the section takes effect on October 1, 2012. 122956

       In section 5123.19 of the Revised Code, the amendment to 122957
division (L) of the section takes effect October 1, 2012.122958

       Section 815.20. The General Assembly, applying the principle 122959
stated in division (B) of section 1.52 of the Revised Code that 122960
amendments are to be harmonized if reasonably capable of 122961
simultaneous operation, finds that the following sections, 122962
presented in this act as composites of the sections as amended by 122963
the acts indicated, are the resulting versions of the sections in 122964
effect prior to the effective date of the sections as presented in 122965
this act:122966

       Section 9.06 of the Revised Code as amended by Am. Sub. H.B. 122967
130 of the 127th General Assembly and Am. Sub. H.B. 1 of the 128th 122968
General Assembly.122969

       Section 121.37 of the Revised Code as amended by Am. Sub. 122970
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.122971

       Section 124.23 of the Revised Code as amended by Am. Sub. 122972
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.122973

       Section 124.27 of the Revised Code as amended by Am. Sub. 122974
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.122975

        Section 124.34 of the Revised Code as amended by Am. Sub. 122976
H.B. 1 and Am. Sub. H.B. 16 of the 128th General Assembly.122977

       Section 127.16 of the Revised Code as amended by Am. Sub. 122978
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.122979

       Sections 1923.01 and 1923.02 of the Revised Code as amended 122980
by both Sub. H.B. 56 and Am. Sub. S.B. 10 of the 127th General 122981
Assembly.122982

       Section 2903.33 of the Revised Code as amended by Am. Sub. 122983
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.122984

       Section 3301.07 of the Revised Code as amended by Am. Sub. 122985
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.122986

       Section 3313.65 of the Revised Code as amended by Am. Sub. 122987
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.122988

       Section 3317.02 of the Revised Code as amended by Am. Sub. 122989
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.122990

       Section 3317.024 of the Revised Code as amended by Am. Sub. 122991
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.122992

       Section 3317.03 of the Revised Code as amended by Am. Sub. 122993
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.122994

       Section 3317.20 of the Revised Code as amended by Am. Sub. 122995
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.122996

       Section 3323.091 of the Revised Code as amended by Am. Sub. 122997
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.122998

       Section 3323.142 of the Revised Code as amended by Am. Sub. 122999
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.123000

       Section 3721.01 of the Revised Code as amended by Am. Sub. 123001
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.123002

       Section 3722.01 of the Revised Code as amended by Am. Sub. 123003
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.123004

       Section 4115.04 of the Revised Code as amended by Sub. H.B. 123005
443 and Am. Sub. H.B. 699 of the 126th General Assembly.123006

       Section 4517.01 of the Revised Code as amended by Am. H.B. 9 123007
and Am. Sub. H.B. 114 of the 129th General Assembly.123008

       Section 5111.211 of the Revised Code as amended by Am. Sub. 123009
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.123010

        Section 5112.30 of the Revised Code as amended by Am. Sub. 123011
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.123012

       Section 5112.37 of the Revised Code as amended by Am. Sub. 123013
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.123014

       Section 5119.16 of the Revised Code as amended by Am. Sub. 123015
H.B. 1 and S.B. 79 of the 128th General Assembly.123016

       Section 5123.0413 as amended by Am. Sub. H.B. 1 and Sub. S.B. 123017
79 of the 128th General Assembly.123018

       Section 5123.0417 of the Revised Code as amended by Am. Sub. 123019
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.123020

       Section 5123.19 of the Revised Code as amended by Am. Sub. 123021
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.123022

       Section 5126.05 of the Revised Code as amended by Am. Sub. 123023
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.123024

       Section 5126.054 of the Revised Code as amended by Am. Sub. 123025
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.123026

       Section 5126.0512 as amended by Am. Sub. H.B. 1 and Sub. S.B. 123027
79 of the 128th General Assembly.123028

       Section 5126.24 of the Revised Code as amended by Am. Sub. 123029
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly.123030

       Section 5723.05 of the Revised Code as amended by Am. Sub. 123031
H.B. 387 and Am. Sub. H.B. 576 of the 118th General Assembly.123032

       Section 5739.02 of the Revised Code as amended by Am. Sub. 123033
S.B. 181 and Am. Sub. S.B. 232 of the 128th General Assembly.123034

       Section 815.30. The amendment by this act to section 111.15 123035
of the Revised Code does not accelerate the taking effect of the 123036
amendment to that section by S.B. 2 of the 129th General Assembly, 123037
which takes effect January 1, 2012.123038